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Agenda 12/03/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP: 3 IND: 1 CV:§ AGENDA December 3, 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 SUBMI'I-I'ED 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 THE TIME IS ADJUSTED 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 December 3, 2002 INVOCATION AND PLEDGE OF ALLEGIANCE 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. November 4, 2002 - LDC Workshop C. November 5, 2002- Regular Meeting SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize Mr. Fred Thomas, Jr., for his efforts on Immokalee Housing Issue. To be accepted by Mr. Fred Thomas, jr. the Proclamation to recognize the week of December 2-8, 2002 as United Way of Collier County Agency Awareness Week. To be accepted by Ernest Bretzmann, United Way Executive Director. 5. PRESENTATIONS Presentation of the Fifteenth Annual Survey of Registered Voters. The complete survey is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. B. Presentation of Outstanding Agency of the Year Award for Collier County Domestic Animal Services. PUBLIC PETITIONS A. Public Petition Request by Mr. Ken Drum to discuss overall plan for the Santa Barbara Extension. 2 December 3, 2002 B. Public Petition Request by Mr. Jim Kramer to discuss procedure for ascendancy to the Chairmanship of the Board of Collier County Commissioners. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item has been continued from the November 197 2002 BCC Meeting: VA-2002-AR-2909, Craig J. Pajer, P.E., o! AEC National Inc., representing Collier County Board of County Commissioners Facilities Management Department, requesting approval of a 34-foot variance in the Public Use District (P) from the required 35-foot maximum height limitation to 69-feet in order to construct a 5-story parking garage on property located at the Collier County Government Center adjacent to Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item has been continued from the November 197 2002 BCC Meetin_cl: CU-2002-AR-2759, Craig J. Pajer, P.E., of AEC National Inc., representing Collier County Board of County Commissioners Facilities Management Department, requesting approval of a Conditional Use "3" (Detention Facilities and Jails) in the Public Use District (P) in order to construct an addition to the existing Naples Jail Center on property located at the Collier County Government Center, Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item has been continued from the November 197 2002 BCC Meeting: VA-2002-AR-2908, Craig J. Pajer, P.E., ol AEC National, Inc. representing Collier County Board of County Commissioners Facilities Management Department, requesting approval of a 40-foot variance in the Public Use District (P) from the required 35-foot maximum height limitation to 75-feet, in order to construct an addition to the existing Naples Jail Center on property located at the Collier County Government Center, Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, providing for annual mid-cycle 3 December 3, 2002 year indexing adjustments to Road Impact Fee Rates and Parks and Recreational Facilities Impact Fee Rates. (Phil Tindali, Impact Fee Coordinator) aJ This item has a Time Certain of 1:00 P.M. Adoption of an Ordinance establishing the Conservation Collier Program providing for the Acquisition of Environmentally Sensitive Lands in Collier County. Recommendation that the Board of County Commissioners approve a Second Amendment to the Interlocal Government Agreement with the City of Naples for the Development of the Hamilton Harbor Marina Project. An Ordinance creating the Arnold/Mercantile Avenue Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses, taxation not to exceed I MIL of Ad Valorem Taxes per year and assessment rate; providing for the collection of taxes and assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. An Ordinance creating the South 8"~ Street/Doak Avenue Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses, taxation not to exceed .5 MILS of Ad Valorem Taxes per year and assessment rate; providing for the collection of taxes and assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. An Ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses; taxation not to exceed .5 MILS of Ad Valorem Taxes per year and assessment rate; providing for the collection of taxes and assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2200, Richard D. Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., representing First Baptist Church of Naples Inc., requesting a rezone from "C-1" to "PUD" 4 December 3, 2002 Planned Unit Development known as Mission Square PUD located on the North side of Pine Ridge Road between Goodlette-Frank Road (CR-851) and Jaeger Road for property located at 1595 Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida, consisting of 10.5+ acres. BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER'S REPORT Aa Presentation of Aquifer Performance Test Report regarding the City of Naples East Golden Gate Well Field. A copy of the report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. (Jim DeLony, Administrator, Public Utilities) Recommendation of Final Candidate Selections for the position of Chief Hearing Examiner by the Hearing Examiner Advisory Committee. (Jim Mudd, County Manager) 11. 12. 13. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATFORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS For the Collier County Board of County Commissioners to clarify their intent related to Change Order Seven of the Contract between the Board and Project Integration for the five million gallon per day expansion at the North Regional Water Reclamation Facility. 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Airport Authority Ordinance Update. (Jim Mudd, County Manager) 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. 5 December 3, 2002 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Collier's Reserve". 2) Request to approve for recording the Final Plat of "Castlewood at Imperial" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 3) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Pelican Marsh Unit Eighteen". 4) Final acceptance of Water Utility Facilities for the Pinnacle at The Strand. 5) Request to grant Final Acceptance of the Roadway, Drainage, Water and Sewer Improvements for the Final Plat of "Coachmen Glen". 6) Final acceptance of Water Utility Facilities for Bermuda Bay at Bay Forest. 7) 8) Request to approve for recording the Final Plat of "Camden Cove". Petition AVESMT2002-AR2766 to vacate, renounce and disclaim easements recorded in separate instruments in the Public Records of Collier County, Florida, located in Section 24, Township 48 South, Range 25 East, Collier County, Florida. 9) Petition CARNY-2002-AR-3389, Sandra Ramos, Program Leader Ii, Collier County Parks and Recreation Department, requesting a Permit to conduct the annual "Christmas Around the World" Carnival on December 13, 2002, on County owned property at the Immokalee Sports Complex, located at 505 Escambia Street, Immokalee, Florida. Petition CARNY-2002-AR-3342, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, requesting a Permit to conduct the annual "Snowfest" Carnival on December 7, 2002, on County owned property at the Golden Gate Community Park, located at 3300 Santa Barbara Boulevard. 11) Approval of a Budget Amendment to purchase an additional vehicle for the approved expanded evening Supervisor position and for the purchase of additional workstations for the approved expanded Investigator/Supervisor and Customer Service positions. TRANSPORTATION SERVICES 1) Approve an Easement Agreement and accept an Access Easement in favor of Collier County and SFWMD-BCB for periodic maintenance of the 6 December 3, 2002 Golden Gate Main Canal under the bridge constructed at 13th Street SW. (Project No. 60012) Fiscal Impact: $20,100.00 2) Board approval to terminate a Lease Agreement with Volusia County for the use of two trolley/buses. 3) Approve Supplemental Agreement No. 6 to the Professional Services Agreement with URS Corporation Southern, in the amount of $99,715, for the design of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road, Project No. 60101. 4) Request Board approval of an Agreement between Collier County and the Collier Park of Commerce Owners' Association, Inc. (COPC) for the purpose of constructing two connecting roads between South Horseshoe Drive and Enterprise Avenue Extension (Transfer Station Road) at no cost to Collier County. 5) Execute a subordination of Utility Interests Agreement with Florida Power and Light Company relative to Transfer Road at Naples Airport. 6) Approve Developer Contribution Agreement with Naples Lakes Development for Road Impact Credits subject to developer complying with all conditions of the Agreement imposed by the County. Due to oversized package, complete back-up material is on display in the County Manager's Office, 2~d Floor, W. Harmon Turner Building, Naples, FL. 7) Approve Developer Contribution Agreement with Sierra Meadows Development for Road Impact Credits subject to developer complying with all conditions of the Agreement imposed by the County. Due to oversized package, complete back-up material is on display in the County Manager's Office, 2~d Floor, W. Harmon Turner Building, Naples, FL. 8) Approve an Interfund Transfer for Davis Boulevard, Phase II, Landscape Renovation in the amount of $4,024.50. 9) Authorize Change Order No. 1 to the immokalee Road/l-75 Interchange Construction Contract in the amount of $426,091.80, which includes a portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) PUBLIC UTILITIES 1) Accept a Right of Entry, Utility Easement, and Access Easement from the District School Board of Collier County, Florida, for the installation of a monitoring well on the Lely High School Property, the cost of which will not exceed $50.00. 2) Recommendation to Award Bid #03-3434 - "Chemicals for Utilities" in the estimated amount of $718,401. 7 December 3, 2002 3) Approve Work Orders (2) to develop a master plan to investigate the Golden Gate Canal for irrigation water in the aggregate amount of $87,300, Project 74021. PUBLIC SERVICES 1) Authorize a Budget Amendment recognizing revenue to fund three (3) additional EMS positions as outlined in the Naples Community Hospital Transportation Service Agreement. E. ADMINISTRATIVE SERVICES 1) Award Contract #01-3290 "Fixed Term Professional Engineering Services" to Wilson Miller, Inc. Approval to Award Bid #02-3432 "On-Call Mechanical Contractor Services" to United Mechanical Inc., B & I Contractors Inc., and Air Mechanical and Service Corporation for Mechanical Engineering and Contractor Services. 3) Approval to Award Bid #02-3431 "On-Call Overhead Door and Automatic Gate Contractor for Annual Service and Repairs" to Action Automatic Door, inc., and Overdoors of Florida Inc. 4) Approve payment in the amount of $161,995 to the City of Naples for Water System Development Fees for service at the Main Government Complex. Approve a Budget Amendment to reappropriate carryforward funds in several projects and to reopen purchase orders in FY03 that were closed in error in FY02 in the amount of $177,245. 6) Approve a Lease Agreement with East Naples United Methodist Church Inc., for land to be used for additional Government Complex Parking at an annual rent of $1,000. 7) Approval of Group Health Third Party Administration Fees for Calendar Year 2003. F. COUNTY MANAGER 1) Acceptance of an Agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for Shelter Enhancement for the Vineyards and Laurel Oaks Elementary Schools and approve a Budget Amendment to recognize and appropriate revenue in the amount of $48,750. 8 December 3, 2002 2) Approve Isles of Capri Fire/Rescue Application for a matching (50/50) Grant offered by the Florida Division of Forestry in the amount of $2,230 and approve the necessary Budget Amendments. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) 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. Copy of Open Purchase Order Report is on display in the County Manager's Office, 2n~ Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. COUNTY ATI'ORNEY 1) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Community School of Naples Inc. 2) Recommendation that the Board of County Commissioners approve and ratify the Collective Bargaining Agreement including the 2002 Reopener with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO 9 December 3, 2002 SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Aw This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2617 Marlo Valle, of Creative Homes of Southwest Florida, Inc., representing Lloyd E. Wynn, requesting after-the-fact variances in the Estates (E) Zoning District from the required: 1) 30-foot side yard setback (I. DC Section 2.2.3.4.3.1.), to allow a 14.4 feet side yard setback (A Variance of 15.6 Feet); and 2) 75-foot front yard setback (LDC Section 2.2.3.4.3.2.), to allow a 70.1 foot front yard setback (A Variance of 4.9 Feet), for property located at 2231 14u~ Avenue NE, further described as Golden Gate Estates Unit 16, Tract 99, Lot E-150, as recorded in Plat Book 7, Pages 3-4, Collier County Records, in Section 36, Township 48 South, Range 27 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2431 Tina Levan requesting a 6.5 foot variance for a pool screen enclosure in the RSF-1 Zoning District, from the 30-foot side yard setback requirement, to allow a 23.5 foot setback, pursuant to Land Development Code Sections 2.2.4.4.4 and 2.6.2.1.4. on property located at 250 Carica Road further described as Lot 4, Block 7, Unit 2, Pine Ridge 2nd Extension. Plat Book 10, Page 86 as recorded in Collier County Public Records, Collier County, Florida in Section 34, 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. 10 December 3, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 3, 2002 Item 4(B) as listed on Agenda index is correct. The backup material for item 4B, page #1, is not correct and is hereby deleted. (Staff request.) Continue Item 6(A) to January 28, 2003 BCC Meeting: Public Petition request by Mr. Ken Drum to discuss overall plan for the Santa Barbara Extension. (Petitioner request.) CORRECTION TO ITEM 8-E: The recommendation in the executive summary of this item should read as follows: That the Board, who has determined it appropriate to create a Roadway Paving and Drainage Improvement MSTBU for the South 8th Street/Doak Avenue area, review the attached Ordinance as outlined above and approve enactment for creation of the South 8th Street/Doak Avenue MSTBU. (Staff request.) ITEM 8(G) TO BE HEARD IMMEDIATELY FOLLOWING ITEM 8(B) which has a time certain of 1:00 p.m. PUDZ-2002-AR-2200, Richard D. Yovanovich, Esquire, representing First Baptist Church of Naples, Inc., requesting a rezone from "C-1" to "PUD" Planned Unit Development known as Mission Square PUD located on the north side of Pine Ridge Road between Goodlette-Frank Road (CR-851) and Jaeger Road for property located at 1595 Pine Ridge Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida, consisting of 10.5+ acres. (Petitioner request.) PROCLAMATION WHEREAS, Fred N. Thomos, ~Tr. hR dedicoted 35 yeors of his life to public set.ce in the field of m~fon~oble housim]; ond, WtYEREA$, t~r. 7~omos come fo Zmmol~l~, FIoMdo in l PB& to toke the podtio~ of Executive Di~cto~ of l~e Collie~ County Hous/r~ Au~hoMty; WHEREAS, through his outsto~i~ leadership ?arm Woeker Vii/age continues to be o moEel o£ £~ lo. or hous/n~ £o~ ~he county, store and nat/on; A~e. Thomas h~s u~elfishly put in countless hours over the course of the last 16 yem's actively odvocotit~3 for oHordable o of comm~/~'ne~s~'~ ~'~ ~ ~ the a~E~fb~ of~,'~t a~san~ housing. NOW ~ER~O~ ~ it ~med by. t~ ~a~ of C~ ~m/ssioners of .... ,7Z~ COLETTA, CHAZR&fAN BROCK, c'Z. ERK DEC 03 2002 Pg. EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR THE UNITED WAY OF COLLIER COUNTY CAMPAIGN ACTIVITIES. OBJECTIVE: To approve the expenditure of funds not to exceed a total of $1,500 to cover the cost of activities associated with and incentive prizes for participants in the United Way of Collier County Campaign for FY 2002/2003. CONSIDERATIONS: The Board of County Commissioners is authorized by law to determine when the expenditure of public funds is for valid and proper County purposes. County employees are encouraged by Management to support and participate in the United Way Campaign activities. The event serves to boost employees' morale while contributing to an important community event. Outstanding efforts by emPloyees are to be recognized with incentive prizes including but not limited to t-shirts, mugs, pins. plastic water bottles, plaques, trophies, food and beverages. In the attached resolution, the Board declares a valid public purpose for these expenditures. FISCAL IMPACT:. Funds have been budgeted in the General Fund, Human Resources Administration Section in the amount of $1,500 to cover campaign expenditures. GROWTH MANAGEMENT IMPACT: associated with this item. There is no growth management impact RECOMMENDATION: That the Collier County Board of Commissioners adopt the attached Resolution authorizing expenditure of funds not to exceed $1,500 for the United Way of Collier County Campaign activities for fiscal year 2002/2003 and approve any associated budget amendments. Prepared by: ~_~_ _~_-J~~ D ate: ~.~__~_m_2.~n::7--~ Daniel R~Rodriguez, Faci~J,~s,~l~ger Facilities Management'Department Reviewed by: C~[3,~ ~ ~Je~n Merritt,~)i're~to; '- Human Resources De~partment// Approved by: ~dministrative Service~ivisi~ Date: ////~/[ PRO~LA44A TXON WHE'REA$, ~ ~9~7. th~ Uwt~d ~Voy o~ Collier C~mly ~s ~l~<~omd ~nd f~mded quoh'fi~d, non-I~ro£it community ~ncies which prowd¢ ~e~tid $odd m~d h~l~ $~¢~ to om" ¢itiztns; WHEREAS, th~l~rt th~ 4~ ~r W~tory of th~ UWI~d ~l~oy of Cdli~r Count/. th~ ~e~ix~'on h~s d~m~f~d confimmd growth ond WI m~ of ~u~ County; ~nd, its member nt3endes. NOW THERE?ORE, 1~ it Collier UNI'TEI:) ~un~/ Commissioners of 2 though WEEK DONE AND ATTEST: DWZ6HT E. BROCK. CLERK DEC 03 2002 EXECUTIVE SUMMARY Presentation of the Fifteenth Annual Survey of Registered Voters OBJECTIVE: To receive a presentation regarding the results of the Board's fifteenth annual survey of registered voters. CONSIDERATION: Each year the Board of County Commissioners, in conjunction with the Florida Institute of Government, commissions a survey intended to measure levels of satisfaction with various services provided by Collier County. The survey is conducted using the volunteer efforts of the League of Women Voters of Collier County. In anticipation of the Board's upcoming Strategic Planning Workshop and the setting of spending priorities for fiscal year 2004, Mr. Chuck Mohlke of the firm Fraser & Mohlke Associates, Inc. who oversaw the preparation and administration of the survey will present an overview of the most recent results. A summary of the survey results is attached. RECOMMENDATION: That the Board receives the presentation from Mr. Mohlke regarding the survey results, and recognizes the members of the League of Women Voters of Collier County for their efforts on the County's behalf. S U BM iTTE D f~"~~/.-~.~ ~---,~~ Date: Lizabeth S. Walsh Assistant to the County Manager APPROVED BY: County Manager - 3 2002 INSTITUTE OF GOVERNMENT FLORIDA GULF COAST UNIVERSITY FIFTEENTH ANNUAL TELEPHONE SURVEY OF 251 REGISTERED VOTERS IN FIVE COLLIER COUNTY COMMISSION DISTRICTS UMMARY OF I:INDING Conducted from March 18 to June 28, 2002 For the Office of the County Manager Collier County Government Center Naples, Horida 34112 Conducted by Fraser & Mohlke Associates, Inc. Naples, Florida 34106-2312 November 18, 2002 ~ ~ ~C - 3 2002 FRASER & MOHLKE ASSOCIATES, INC. Post Office Box 2312 Naples, Florida 34106-2312 Telephone: 239-262-1410 Facsimile 239-262-1150 September 23, 2002 Joanne Hartke, Director Florida Institute of Government Florida Gulf C. ca~ University (FGCU) 10501 FGCD Boulevard South Fort Myers, Florida 33965-6565 James Mudd, County Manager Board of County Commmioners County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Director Hartke and Manager Mudd:, Fraser tx Mol'tike is pleased to submit this Hftc~nth Annual Telephone Survey of Registered Voters in Five Collier County Commission Districts. The 251 voters interviewed in 2002 demonstrate a strong interest in the services pro- vialed by county-government agencies; however, they lack awareness of some agency services. Newer residents, defined as those persons who have lived in their present residence since 1996, represent 46 percent of all interviewed voters. Additionally, 64 percent of those surveyed in 2002 came directly to Collier County from a state other than Florida. Efforts to address the unique needs of these recently registered voters may well ma_ prove new resident understanding of county government and its activities. Fraser & Mohlke looks forward to sharing its resources with the Institute of Government and the Office of the County Manager to ensure full and efficient use of the annual survey. We remain indebted to the League of Women Voters of Collier County for their capable assistance. Without the full cooperation of League members in conducting the telephone inter- views, the study could not have been conducted in an affordable and timely manner. Please advise us if we may be of further service. For Fraser & Mohlke Associates, Inc. DE{.; - 3 2002 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 1 INTRODUCTION Collier County's fifteenth-annual telephone survey of registered voters in Gounty Commission Districts 1 through 5 was conducted from March 18, 2002 through June 28, 2002. The Board of County Commissioners has established the voter survey as a means of identifying the views of local citizens and to assess their opinions regarding the overall effectiveness of general-purpose county govern- ment. The purposes of the survey are multiple: Discover attitudes and opinions of residents on a variety of issues likely to require government action during the Gounty's upcoming Fiscal Year 2003 (FY03); Uncover any attitude changes among surveyed voters from year-to-year; and to Identify significant trends over time that may indicate a need for modifying plans of county-government departments. The survey employs a structured random sample of registered voters voting in person during the November 7, 2000 general election and new voters regis- tered since the close of voter registration for the election on October 9, 2000. The Supervisor of Elections' office cooperated in the development of the sam- piing plan, providing the names of 1350 active registered voters who met sample- design requirements. The survey's objective was to complete interviews with an average of 50 voters from each of the five commission districts or atotal of 250 re- spondents. In 2002, a total of 251 interviews were completed successfully. In planning for the future needs of local residents, County Commissioners, Constitutional Officers, and the Office of the County Manager identified topics or "issues" they deemed important in determining how citizens assess the effective- ness of general-purpose government in Collier County. The 2002 questionnaire was developed based upon these identified topics. Questioning generally took the form of a series of statements. Those inter- viewed were asked whether they Agreed or Disagreed with, or had No Opinion about each statement or whether they were Satisfied, Dissatisfied, or Neither Sat- isfied nor Dissatisfied with certain services provided by county government. Each respondent's demographic characteristics are recorded in order to dis- cover the respondent 's age; tenure of residence; previous residence location; and whether the previous residence was in Collier County, elsewhere in Florida, or elsewhere in the United States; household size; age of household members; em- ployment status; type of residence; and level of formal education- .~ ~- I ZU - 3 2002 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 2 GEOGRAPHIC LOCATION OF INTERVIEWED VOTERS TABLE I ~rr_en~J?os_~ ZIP Code Of Interviewed Voters 34~37, 34138, 34139, & 34141 · Ch~kolosk~e (34138) Copeland (34137) Everglades City (34139) Ochopee (34141 ) 34142 ' tmmokalee 34140, 3414S & 34146 Goodland (34140) Marco Island (34145 & 34146) 34102 & 34103 City of Naples Highpoint Twin Lakes-Westgate 34104 & 34105 East of Goodlette-Frank Rd. to 1-75 and south of Pine Ridge Rd. to Davis Blvd. 34114, 34117 & 34120 East of Collier Blvd. (SR/CR-gS1) from the nor'them boundary with Lee County to Marco Island 34112 & 34113 City of Naples - Royal Harbor East Naples South Naples 34108, 34109, 34110 & 34134 North Naples from the Gulf to 1-75 and the Lee County line south to Pine Ridge Road 34116 & 34119 Golden ~=.te City and the Urban Estates, from the northern Collier line south along 1-75 to Collier Boulevard (SR/CR-951) Numb~ ~; (N=251) 3 8 20 37 26 27 37 62 31 ~ercen ( .gl Tot~.l 1.19% 3.19% 7.97% 14.74% 10.36% 10.76% 14.74% 24.70% 12.35% TOTAL 2Sl 100.00% DEC - 3 2002 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 3 As in previous surveys, tables have been designed to reflect postal-zip-code areas and cross-referenced with tenure at address. Tenure, the length of time those interviewed have lived at their present address, is employed in order to dis- cover similarities and differences between those who have moved to Collier Coun- ty recently and those who have lived at their present address for a longer time. ANALYSIS OF FINDINGS The past fourteen annual citizens surveys have demonstrated that a large number of those surveyed had moved to their present address during recent years. Gurrent findings continue to demonstrate the high mobility of the respon- dent population. In 2002, 91 persons, or 46.22 percent of all responding voters, had moved to their present address after 1996. A total of 168, or 66.94 percent of the 2002 re- spondents in the voter-households interviewed, had moved to their present resi- dence in the years since January' of 1991. Table II-A and Table II-B demonstrate the tenure at their present address and the previous residence of the 251 registered voters interviewed: TABLE II-A Ten~'e At Address Nurrtver Of Percent of (1930-2001 ) Respondents Total From 1996 to 2002 116 46.22% From 1991 to 1995 52 20.72% From 1 986 to 1990 27 10.75% From 1976 to 1 985 37 14.74% From 1 930 to 1975 19 7.57% Total 2S 1 100.00% Table II-B indicates the location of the 251 responding-voters' prior residence. Table II-B further demonstrates that one-in-five, or 21.91 percent of the respon- dents, moved from one residence in Collier County to another, and approximate- ly one in seven, or 13.54, percent moved to Collier Gounty from elsewhere in Florida. In 2002, the largest group of respondents came from somewhere outside Florida. From 1998 to 2000 those whose previous residence was outside Florida increased from 56.12 to 61.32 percent. In 2001, the number of respondents whose previous residence was outside Florida decreased by 5 percentage points. In 2002/2 that number grew to 64.54 percent, an increase of over8 percent since ~8_. 3 _.__ FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 4 TABLE II-B Previous Residence Percentage Collier County 21.91 % Elsewhere in Florida 13.54% Elsewhere in the U.S. 64.54%. Eval'aation Of Existing Conditions ((~estions 7a.-Tf2.) Th: hierarchy of voter agreement tn 2002 on the existing condi~ons t'opics inquired about is similar to survey findings reported in 2001. Table ]i]-A on the next page demonstrates 2002 responses to existing-conditions questions mTanged tn a hierarchy of agreement. Highest is agreement on the overall appearance of lc)cai neighborhoods and shopping a~eas with 94 percent expressing agreement, up by four percentage points from 2001. Residents again, as last year, express high satisfaction with separation and re- cycling of trash, the second highest in the 2002 hierarchy, at 92 percent up four points from 2001 and 3 points since 2000. Sewage treatment and the collection system is working well receives 82 per- cent agreement. Agreement concerning storm water drainage had decreased in 1998, but in 1999, it rose a significant 10 percentage points to 75 percent; in 2000, expressed agreement was exactly the same. In 2002, agreement rose to 78 percent. Agreement that roads are well maintained had remained statistically similar from 1996 to 1999:81 percent in 1996, 83 percent in 1997, 82 percent in 1998, and 84 percent in 1999. However, in 2000, that agreement decreased significant- ly, to 69 percent, down 15 points from 1999. In 2001, agreement was down to 50 percent. In 2002, agreement has increased to 73 percent. L~ 2001, agreement that traffic signalization keeps cars moving fairly well de- dined one point since 2000, to 54 percent, but down from 65 percent in 1999. In 2002, agreement remains the same as last year at 54 percent. In 1997, traffic sig- nalization had been at the 69-percent-agreement level, the same as it was in 1996. In 2002 respondents were asked about their understanding of which recy- clable items go in what bin; of the total, 56 percent expressed an understandin~ 3r~ percent disagreed, and 41 percent expressed no opinion. DEC - 3 2002 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page S TABLE III-A RANK AGREE DISAGREE NA/NO 1. The overall appearance of the neighborhoods and 94.02% 5.17% 0.79% shopping areas in Collier County is generally good. 2. Separation and recycling of trash seems to be working well. 92.03% 6.37% 1.59% 3. Generally speaking, the sewage treatment and collection 82.07% 3.98% 13.94% system works well in your neighborhood. 4. Generally speakinc~ the storm water drainage system works 78.08% 17.92% 3.98% well in you' neighborhood. 5. Roads and highways are well maintained in Collier County 72.90% 26.29% 0.79% 6 Generally speaking, I understand which recyclable items go 56.17% 2.78% 41.03% in what recycling bin. 7. When you drive through the County, traffic signals keep 54.18% 42.23% 3.58% the cars moving fairly well. NOTE: Due to "rounding" considerations, not all percentages in the summary tables will total to 1 O0 percent [100.00%] in every instance. Table-spacing considerations in the master tables detailing survey findings dictated that no more than two decimal places [0.00] per column be allocated for each table template. Satist:action with the appearance of neighborhoods and shopping areas, 94 percent, is up nearly four percent from 2001, and less than one percent of what it was in 2000 when it was the highest in six years analyzed. Satisfaction with recy- cling and separation is up also, to 92 percent agreement, its highest level in six years. Satisfaction with sewage treatment and collection is up nearly four points to 82 percent, from 78 percent in 2001. Satisfaction with storm water drainage is up nearly six percent, to 78 percent in 2002 from 72 percent in 2001, and at its highest level in six years. Satisfaction with the maintenance of roads and highways is up also, by 23 percentage points to 73 percent from 2001 when it was just 50 percent; however, satisfaction is 11 percent lower than in 1999 when it was at its highest point in six years. This increase in satisfaction may reflect, somewhat, the completion of US- 41 construction activity north of Vanderbilt Beach Road with a substantial 82 per- cent of those residing in North Naples indicating agreement that roads are well maintained, a notable change from the previous year. Traffic signalization satisfac- tion remains at essentially the same level as in 2001 and 2000, but down 15 per- cent from its highest satisfaction level in 1997. Table III-B compares 2002 findings with five previous surveys. Where "NA" is indicated, the question had not been asked in that particular year. Lz~J - ~ 2{}~2 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 6 TAB&.E RI-B 2002 2001 2gO0 1 ~ 1 ~98 1 ~7 RANK AGREE AGREE AGREE AGREE AGREE AGREE .. The overall appearance of 94.01% 90.15%[1] ~4.92% [2] 94.48%['1] 93.28%[2] 93.81% [~., neighS_ _s and shop- . ping are,~ in Collier County is generally good. · 2. Separat~n & r~cycling of trash 92.03% 87.79e/612] 89.06% [3] 89.70% [3] 87.74% [3] 87.97% [3] seems to be working well. 3. Cenertdly spealdr~ the sewage treat- ~2.07% 78.34°~3] NA NA NA NA nmnt and collectmn system works well · in your nei~ 4. Thestoemwatatdr&inage system 7B.~% 72.04%[4] 75.00%[$] ?5.00%[6] 64.82%[7] 68.72%[7] ~i. Roads &nd high_ways are well 72.90% 50.00%[6] 69.14% [6] 14.1~*/e [$] 8'1.8'1 % [5] 82.'13% [5] ~na~nta! ~ in Col~ier County. 6. Ge,-,~-ally speaking, I u'~derstand $6.17~ NA NA NA NA NA which recyclable items go in wt~t 7. When you drwe t~rough the 54.18% 53.93%[5] 54.68% [8] 65.44% [7] 67.98% [6] 69.07% [6] County traffic sigr~a~s keep the cars moving fairly well. Bold indicates the highest percentage achieved alu-lng the 6-year period 1997-2002. Evaluation of County Voting Process (Questions 8a.-8d.) A group of questions concerning the County's election activities and process- es revealed in 2001 that 74 percent believed voters need improved voter education. In 2002, that response is underscored as 83 percent believe that voters need to I' educated about the new "touch-screen" voting machines, while 12 percent dis- agreed, and 5 percent had no opimorr Concerning the location of precinct polling places closer to the responding voter, 24 percent agreed that it could be closer, while 63 percent apparently have no problem with the distance to their polling place. While 24 percent believe that poll workers need better training, 57 percent disagree, and 20 percent have no opinioru In 2001, 48 percent agreed while 36 per- cent disagreed, and 16 percent had no opinion. Of responding voters, 19 percent agreed that reducing the time it takes to vote would be good, while 60 percent dis- agreed, and 21 percent had no opinion. TABLE IV RANK AGREE DISAGREE NO OPINION 1. Educate all registered voters about the new 82.86% 11.95% 5.1 7% -- "touch-screen" voting machines that will be used in the 2002 election. 2. Locate my precinct polling place closer to 24.30% 62.94% 12.74% where I live. 3. Provide better training for poll workers in 23.90% 56.57% 19.52% my precinct. 4. Reduce the time it takes for me to vote 19.12% 60.15% 20.7] % ~ on election day. L .... -d[;~2 t FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 7 Future Decisions of the Board of County Commissioners (Questions 9a.-9d.) Responders were asked to state their views on a variety of issues that the Board of Gounty Commissioners will be facing in the next few years. Clearly, re- sponding voters are concerned about future growth and the provision of adequate public services. Table V below demonstrates the 2002 hierarchy of agreement of this group of questions regarding future decisions by Gounty Gommissioners. Of the responding voters, 96 percent agree that Gollier Gounty's Comprehen- sive Growth Management Plan should be reviewed regularly to ensure that the Plan's goals, objectives and policies are being adhered to, while no one disagrees, and only 4 percent have no opinion. Second highest agreement is that land-use codes should be reviewed annually to determine how effective they are with 88 percent agreeing, 6 percent disagree- ing, and 6 percent having no opinion. In 2002, 86 percent agree with the statement that roads need to be in place before developments are ready to be lived in while 8 percent disagree and 6 per- cent have no opimon; in 2001, 90 percent agreed with this statement. Fourth in the hierarchy is agreement that Collier County should have a land- acquisition program to provide areas for passive recreation such as hiking, camp- lng and canoeing; of responders, 74 percent agree with 12 percent disagreeing, and 13 percent having no opinion. TABLE V RANK AGREE DISAGREE NO OPINION 1. Collier County's Comprehensive Growth 95.61% 0.00% 4.38% Management Plan should be reviewed regularly to ensure that the Plan's goals, objectives and policies are being adhered to. 2. Land use codes should be reviewed annual- 88.04% 6.37% 5.57% ly to determine how effective they are 3. Roadways should be required to be built 86.05% 7.56% 6.37% before new developments that will use those roads are ready to be lived in. 4. Collier County should have a land 74.10% 12.35% 13.54% acquisition program to provide areas for passive recreation such as hiking, camping, and canoeing. ~ ~- /,~ FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 8 Attitudes COncerning Community Character (Questions lOa.-lOc.) Highest agreement is ff no action is taken now, there will be a serious short- age of clean water in the next ten years, with 87 percent agreeing; 4 percent dis- agreeing;, and 9 percent having no oFL-xion. Second ':n t~,e agreement hierarchy is the proposition that if we don't prote~ envix'oranentaiiy sensitive wetlands, they will be lost forever;, 86 percent agree, compared to 87 percent in 2001; 6 percent disagree; and 8 percent have no opinion. In response to the statement that under- ground storage and recovery of water should a major goal of Collier Gounty's water conservation policy - 71 percent agree, 5 percent disagree, and 24 percent I ~'ave no opinion. TABLE VI RANK AGREE DISAGREE NO OPINION 1. If no action is taken now, I believe there 86.85% 4.38% 8.76% will be a serious shortage of clean water within the next ten years. 2. If we do not protect environmentally 85.65% 6.37% 7.96% sensitive wetlands in Collier County now, they will be lost forever. 3. Underground storage and recovery of 71.31 % 4.78% 23,90% water should be a major goal of Collier County's water conservation policy. Sheriff's Office Services (Questions lla.-lld.) Of responding voters, 76 percent agree they are satisfied with the overall per- formance of the Collier County Sheriffs Office; 8 percent disagree; and 6 percent have no opinion. Second in agreement is to the question concerning deputies' re- sponse to calls for service m a reasonable amount of time: 59 percent agree; 7 per- cent disagree; and 35 percent have no opinion. Third in agreement concerns there being enough Sheriff's deputies to provide adequate public-safety services to the citizens of Collier Gounty with 52 percent agreeing, 19 percent disagreeing, and 29 percent having no opinion. TABLE VII RANK YES NO DON'T KNOW 1. Are you satisfied with the overall per- 75,69% 4.38% 8.76% formance of the Collier County Sheriff's Office? 2. Do you feel that Sheriff's deputies respond 58.56% 6.77.% 34,66% to calls for service in a reasonable amount of time? 3. Do you feel that there are enough Sheriff's $1.79% 18.72% 29.48% deputies to provide adequate public-safety services to the citizens of Collier County? i . .~---o ~ It FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 9 Question 1 ld. asked responders about their major law enforcement concerns and problems in their neighborhoods. Of the 251, 167 had no concerns, and 84 -- commented. Nineteen, or 23 percent, of the comments are about speeding. Twenty-one, or 24 percent, think the sheriff should do more about robbery, theft, and breaking into houses. Health Care Availability and Access (Questions 12a.-12b.) When asked whether access to health care services is a major problem for the poor and the medically indigent, a minor problem, or no problem in Gollier County - 41 percent say access to health services is a major problem, 21 percent say it is a minor problem, and 38 percent said it is no problem. Of the 38percent who say there is no problem, interviewers indicate that some either have no opin- ion, or did not know enough about the question to express an opinion. Of the responders, 27 percent believe the availability of health care service for the average person is a major problem, 27 percent believe that availability is a minor problem, and 46 percent believe that availability is no problem. Of the 46 percent who say there is no problem, interviewers indicate that some either have no opinion, or did not know enough about the question to express an opinion. Table Viii Major Minor No RANK Problem Problem Problem 1. Health care services available to the poe? 41.03% 20.71% 38.24% and the medically indigent are a problem in Collier County. 2. Access to health care services in Collier 26.69% 27.49% 45.81% County is a problem for the average person. Evaluation of Existing County Services (Questions 13a.-13d.) During the past ten years, responders from all areas have consistently indi- catedtheir high regard for the County's library services. In 2002, satisfaction is at the 92 percent level, up 4 percentage points since 2000 and 10 percentage points since 1999. Overall satisfaction with parks and recreation services is 82 percent in 2002, up two points since 2001. It had risen by 12 percemage points in 1995 to 76 percent satisfied; in 1996, satisfaction rose an additional 3 percentage points to 79 percent satisfied. FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 10 In 2001, the satisfaction level with emergency ambulance service (EMS) had risen by 13 points over 2000, to 76 percent, with 2 percent dissatisfied and 22 percent expressing no opinion. In 2002, satisfaction decreases to 64 percent, down 12 percentage points with one-in-three expressing no opinior~ EMS had recorded a 62-percent satisfaction level :n 1999, down 8 percentage points from 1998, with more than one-in-three expressing no opinior~ In 2000, figures were much the same with 63 percent satisfied and more than one-in-three expressing no opinion. Overall satisfaction with the Collier County I-lealth Unit, just 18 percent in 2000, increased to 24 percent in 2001 and to 25 percent in 2002; however re- sponders continue to express 'no opinion, 68 ~ in 2001 and 75 percent in 2000 and 69 percent in 2002 with only 6 percent expressing dissatisfaction. These figures reveal, as last year, a general lack of knowledge of Collier County Health Unit activities. Table IX-A below records the responses to the questions asked in 2002. The first three services are in the same hierarchical order as in 1999, 2000, and 2001. Level of satisfaction is demonstrated below: TABLE IX-A RANK SATISFIED DISSATISFIED NO OPINION 1. Library services. 92.03% 1.99% 5.97% 2. Parks and recreational facilities. 82.07% 4.78% 13.14% 3. Emercjency ambulance service. 63.74% 3.] 8% 33.06% 4. Health care provided by the Collier 25.49% 5.97% 68.52% County Health Unit. Table IX-B below demonstrates a comparison of levels of satisfaction among the previously asked questions from the period 1997-2002. The hierarchy show- ing the Library receiving the highest level of satisfaction with Parks and Recre- ation second highest, and EMS, third highest, remains essentially the same over time. In 2002, satisfaction the Gounty Library is the highest it has bccn in six years, 92 percent. Parks and Recreation satisfaction continues to remain essential- ly the same for the last six years. Satisfaction with emergency ambulance service had dropped 7 percentage points from 1998 to 1999. It rose by three points in 2000, and then increased 13 points in 2001. In 2002, satisfaction decreased by 12 percent points from 2001. Satisfaction with health care provided by the County's Health Department continues to remain below 50 percent with the majority, 67 percent in 2002, expressing no opinion, indicating, presumably, a lack of familiar=.__.^ ity with county health services. ~:.',: - 3 2[~ FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 11 Table IX-B below reveals the satisfaction level of responding voters to these general-pm'pose government services over the last six years. The ranking numbers following the percentage reflect the previous years' rank: TABLE IX-B 2002 2001 2000 1999 1998 1997 RANK SATISRED SATISRED SATISFIED SATISFIED SATISFIED SATISFIED 1. Library services. 92.03% 89.76%[1] 87.50% [1] 81.98% [1] 88.83% [1] 85.91% [1] 2. Parks & recreational facilities. 82.07% 79.92%[2] 82.42% J2] 79.41% [2] 78.26% [2] 77.31% [2] 3. Emergency ambulance service. 63.74% 75.98%[3] 63.28% [3] 61.76% [3] 68.77% [3] 58.41% [3] 4. Health care provided by the 2~,4~% 24.40%[4] 18.35% [5] 19.85% [5] NA NA Couqty's Health Unit. Bold indicates the highest percentage achieved during the &year period 1997-2002. The following Table IX-C reports, primarily, the ranking of dissatisfaction in 2002 with each category of service. Dissatisfaction with the Health Unit is marginally highest among the four, but the reader should note the apparent lack of knowledge of the activities of the umt. RANK DISSATISFIED SATISFIED NO OPINION 1. Library services. 1.99% 92.03% 5.97% 2. Emergency amJ~ulance service. 3.18% 63.74% 33.06% 3. Parks and recreational facilities. 4.78% 82.07% 1 3.14% 4, County Health Unit. 5.97% 25.49% 68,52% Table IX-D below demonstrates comparisons of survey findings since 1997 on the ranking of the level of dissatisfaction in each year with each category of service. TABLE IX-D 2002 2001 2000 1999 1998 1997 RAHK DIS'FlED DIS'FlED DIS'FlED DIS'FlED DIS'FlED DIS'FlED 1. Librarysetvices. 1.99% 5.51%[2] 3.51% [4] 5.51% [3] 5.13%[2] 6.87%[2] 2. Emergency ambulance 3.~8% 1.96%[1] 0.77% [1] 2.20% [1] 1.97% pi 3.78% [1] service. 3. Parks and recreatiorml facilities. 4.78% 8.66%[4] 3.$~ % [3] 4.04% [2] 9.88% [3] 8.93% [3] 4. Health care provided by the 5.97% 7.48%[3] 6.25% [5] 8.08% [$] NA NA County's Health Unit. Bold indicates the highest percentage achieved during the &year period 1997-2002. 'T""~-~ FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 12 Awareness, Use of Channels 11 and 16, Readerxhip of Annual Report and Agenda in Naples DailF News (Questions 14a.-14d.) When asked whether the responder or family members watch Board of County Commission ~eetiv. gs or other County meeting on Channels 11 or 16, $ percent say they watcl,, aa'id 49 toe~'ceut ~ay they do not watch. Of responding vot- ers, 24 percent (23 percent in 2001) say they watch Channels 11 or 16 for meet- ings other than County meetings, and 76 percent cio not. Of responders, 2t per- cent look for and read the agenda for the meeting of the Board of County Com- missioners published on Sundays in the Naple3 DailyNew~. When asked ff they recall seeing Collier County's annual report ("A Year of Progress") distributed in the Daily New:~. one week before interviewing for the 2002 telephone survey began, 17 percent responded that they had, with 83 percent of responding voters reporting they had not seen it. TABLE X RANK YES NO 1. View BCC meetings on Channels 11 or 16. 50.99% 49.00% 4. View other programs on Channels 11 or ] 6. 24.30% 75.69% 3. Use of Agenda of Board meetings. 20.71% 79.28 4. Seen "A Year in Progress" in the Naple~ Da /ly Ne w$. 17.13% 82,86% Planning for the Future Needs of County Residents (Ques. 17a. - 17c.) Questions concerning future needs of County residents include preserving the environment, efficiency and effectiveness of county government, and financial support for health agencies. First in the hierarchy of agreement is the question regarding the County sav- ing more land from future development to preserve the natural environment. Of all 251 responding voters, 84 percent agree, up two percent from 2001 and down six percent from 2000; 6 percent disagree; and 9 percent have no opinion. That Collier County should provide financial support to agencies providing health-care and mental-health services achieves 64 percent agreement, up four percentage points since 2001 and eight points since 2000; in 2002, 14 percent disagree and 22 percent have no opinion. In 2002, agreement concerning the efficiency and effectiveness of county gov- ernment decreases by four points from 2001 to 40 percent with 33 percent dis- agreeing and 27 percent having no opinion. Agreement had fallen dramatically in 2000 to a six-year low of 38 percent with 37 percent disagreeing, and 25 percent with no opinion. Agreement concerning the efficiency and effectiveness ~f, local government was 62 percent in 1998 and 57 percent in 1999. FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 13 Table XI-A, arranged in an hierarchy of agreement reveals the levels of agree- ment, disagreement, and no opinion to matters related to planning for the needs of future residents inquired about in the 2002 survey: TABLE XI-A RANK AGREE DISAGREE DK/NO 1. Collier County should be saving more land from future 84.46% 6.37% .9.16% development in order to preserve our natural environment. 2. Collier County should provide financial support to 64.14% 14.34% 21 .$1% agencies that provide health-care and mental-health services. 3. Generally speaking, our County does an efficient and 39.84% 32.66% 27.49% cost-effective job of running its local government. Table XI-B below demonstrates the level of agreement in the six years since 1997. Where "NA" is noted, the reported question was not asked in those years. A number shown in parentheses for years previous to 2002 demonstrates the rela- tive ranking of agreement for that question. As can be seen, the level of agreement with County efficiency and cost effectiveness has decreased by 4 percentage points since 2001 after it had risen six percentage points over 2000. The last five years have seen a significant decrease from 1998 to 2002 in agreement about the efficien- cy and effectiveness of Collier County government. TABLE XI-B 2002 2001 2000 1999 1998 1997 RANK AGREE AGREE AGREE AGREE AGREE AGREE 1. Collier County should be 84.46% 81.49%[1] 86.67% [1] 86.76% [1] 86.16% [1] NA saving more land from future development in order to preserve ocr natural environment. 2. Collier County should prov. ide 64,14% 57.87%[2] 54.29% [2] 61.76% [2] NA NA financial support to agencies that provide health-care and mental-heal~ services, 3. Generally speaking, ocr 39.84% 44.48%[3] 38.28% [3] 57.35% [3] 62.05% [4] 57.38%[4] County does an efficient and oast-e~fective job of running its local government. Bold indicates the highest percentage achieved clcring the 6-year period 1997-2002. Table X-C below demonstrates the hierarchy of disagreement for these same four questions. The hierarchy of agreement had remained the same during the four years from 1999 to 2002. FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 14 2002 2001 2000 1999 1998 1~97 PJ44C DIS'REE DIS'REE DIS'REE DIS'REE DIS'REE DIS'REE 1. Collier County should be 6.37% 7.48%[1 ] 5.85%[1 ] 8.08%[1] 6.32% NA saving n-~re land trnnn futLre development in order to ~se~e; c, ur natural environment. 2. Collier County should 14.34% 13.38%[2] 20.70%[2] 11.76%[2] NA NA provide financial support to agencies that provide healJh-care and mental-heall~ services. 3. _Gefle~llyspeakir~our 32.66% 28.34%[3] 36.71%J3] 18.75%[3] 15.81% 18.21 County 8oes an efficient and cost-effective job of running its local goverr~q~ent. Financial Assistance for Various County Projects and Programs (Questions 18a.-18d.) Four questions concerning taxes were asked in 2002. Responders were asked if the Commission should approve a 1/4 mill property tax increase to pay for pur- chasing conservation land. An example was provided of a home with an as- sessed property value of $100,000 being taxed an additional $25.00 per year. The question receives 50 percent agreement overall, with 29 percent disagreeing and 21 percent having no opinion. Responders were asked ff the Commission should approve a 1/4 mill property tax increase to pay for health services for unin- sured working people has the same example of someone with a home with an assessed value of $100,000 paying $25.00 per year. The question received 33 per- cent agreement with 43 percent disagreeing and 24 percent having no opinion. A question on whether or not the Commission should approve a 1/4 mill property tax increase to pay for additional transportation enhancements like deco- rative street lighting, bike paths, and landscaping has the same example. The question receives a 26 percent approval rating with 47 percent disagreeing and 27 percent having no opinion. Table XII-A RANK AGREE DISAGREE DK/NO 1. The Commission should approve a 1/4 mill property 50.19% 29.08% 20.71% tax increase to pay for purchasing conservation land. 2. The Commission should approve a 1/4 mill property 33.06% 42.62% 24.30% tax increase to pay for health services for uninsured people. 3. The Commission should approve a 1/4 mill property 25.89% 47.41% 26.69% tax increase to pay for additional transportation . enhancements like decorative street lighting, bike ~.~-~ paths, and landscaping. ~ 26;2 FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 1S Responding voters were then asked about their priorities concerning the three proposed tax increases. Of the 2S! respondents, a total of 162 or 65 percent ranked the three proposed increases in order of priority. A tax increase for trans- portation enhancements receives the lowest priority with a modest 10 percent identifying it as a # 1 priority. A tax increase to provide health care services for the uninsured receives a 81 priority from 32 percent. Finally, a tax increase to pur- chase conservation land receives a #1 priority by 46 percent of responding voters. Table XII-B RANKING IN PRIORITY ORDER RANK #1 #2 #~ 1. Purchasing conservation land. 46.29% 22.83% 30.8% 2. Health care services for the uninsured. 32.09% 17.28% 50.61% 3. Transportation enhancements. 10.49% 14.19% 75.30% Identification of the Voter's County Commissioner (Question 19.) When asked to identify their County Commissioners, 185 respondents over- all, or 74 percent, do not know the name of their Commissioner. Table XIII pro- vides the total number of responding voter's correct answers and the number of those responders who do not know their District's Gounty Commissioner. Table XIII DISTRICT CORRECT INCORRECT DON'T KNOW 1 14 4 31 2 12 4 36 3 $ 1 44 4 S 8 37 5 J~ 2, 33 TOTAL 51 19 18,1 (20.32%) (7.57%) (72.11%) Projects or Services That Most Need Improvement (Question 20.) Through the previous fourteen years of the telephone survey and again in 2002, responding voters were asked to identify and comment on one or two projects or services that they believe most need improvement in Col- Her Cot~tty. Of the 251 voter respondents, 183, or 73 percent, provided 251 comments. The subjects with the most volunteered comments -roads and traffic, growth, and local government - were given the same order of importance by re- ~.~(~ sponding voters as was the case in the 2001 and 2000 telephone surveys..-,. ~:,: FIFTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 16 Of the total of 183 comments, 66, or 36 percent, are those concerning road- ~nd traffic-related matters. Forty comments, or 22 percent, mention the need to control, restrict or manage growth in 21302. In 2001, 22 percent of the comments concern ~owth. In 2000, 35, or 15 percent, were collim,~..'_:-~ h~ ~o~_'~ growth. Twelve are comraenta on local-government problem~: 'w~,t'er is a concern mentioned by 11, or 6 percent. Nine, or 5 percent, are concerned with hemlth me. Local schools are the concern of 6, or 3 percent, of those who comment. Three want more deputies for'law enl:orcement. Two think govern- ment should look into desalinization. Two think beaches need improvement. Two want more perks, more programs, and better security. Two are concerned about the naturel environment. Thirteen mentioned the environment in 2001. This concludes an abridged summary of findings from the 2002 Collier Coun- ty Fifteenth Annual ]3gle, p3a~ Survey of ~ Voters in Five County Com- mission Districts. Appended materials in the unabridged version of the report include: TAB 2, tables detailing responses to every "issue" question asked; TAB 3, tables detailing the demographic characteristics of respondents; TAB 4, sample-plan design and es- timating population parameters; and TAB $, the telephone-survey questionnaire. Fraser & Mohlke Associates is grateful for the trust demonstrated by the In- stitute of Government and Collier County's Board of Commissioners in our ability to design, conduct, and report survey findings in a manner that remains useful to citizens and local officials in setting priorities and planning for the future well- being of county residents. We remain deeply indebted to the League of Women Voters for their contri- bution over the past fifteen years to the successful completion of the annual tele- phone survey. COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 November 26, 2002 Ms. Claire E. MacMillan, President League of Women Voters 660 9"~ Street North, Suite 35B Naples, FL 34102 Dear Ms. MacMillan: Please accept this letter as a token of my sincere appreciation for the time effort put forth by your organization in participating in the Fifteenth Annual Citizens Survey. As you are aware the survey is an important tool for Collier County as it allows us the opportunity to receive feedback from the citizens in a number of different areas and incorporate that feedback into our strategic planning effort. Please pass my appreciation on to all of the members who participated in this important event. Sincerely, County Manager JVM/bw/jb COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 November 22, 2002 (941) 774-8383 FAX (941) 774-4010 Mr. Ken Drum, Chairperson Lely Resort Task Force 8404 Mallow Lane Naples, FL 34413 Re: Public Petition Request to Discuss Overall Plan for the Santa Barbara Extension Dear Mr. Drum: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 3, 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. County Manager JVM/jb ~ ~' --'"'- cc: David Weigel, County Attorney [)~ - ,~ 2[J.~2 November 18.2002 Mr. James Mudd, County Manager Collier County Government Complex Naples, Florida 34112 Dear Mr. Mudd: Please schedule me to appear under the "public petitions" portion of the agenda at the next Board of County Commissioners meeting. The subject of my petition is for the '-- BCC to discuss an overall plan for the Santa Barbara extension. Thank you for your attention in this matter. Kindest personal regards. Very truly yours. Ken Drum. Chairperson Lely Resort Task Force BEC - 3 2B32 GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAB' Kevin G. Coleman Northern Trust Bank Building Lmda C. Brink~ J. Dudley Goodlet~e' 4001 Tamiami Trail North Scott M. Ketct_ Kenneth R. Johnson Naples, F1 34103 Eric M. Borgia · Richard D. Yovanovich (941 ) 435-35 '35 Pieter G. Van Dion · K:nne,_h 1~. C~-yler . (941) 435-1218 F~c~irrfilc Harold J. Webre, III Wr/~efs e-ma/l: kcuvler(~gcilaw.corn * Board Cemficd Real E~ate Atlomey ~ July 13, 2001 Lely Resort Task Force c/o Kenneth J. Drum 8404 Mallow Lane Naples, Florida 34113 RE: Lely Developer Six-Laning Requirement Within the Development Gentlemen: Our office was requested to review applicable development documents for the Planned Unit Development (PUD) and Development of Regional Impact (DRI) known as Lely, a Resort Community (the "Lely Development"), and provide the Lely Resort Task Force with our opinion on whether there is an existing developer commitment to six-lane the primary, north-south boulevard within the Lely Development (the "Main Boulevard"). In addition, we were asked to review and render an opinion on whether there is an existing obligation on the part of the Lely developer to provide construction funding for County arterial roadways outside of the Lely Development, as an alternative to developer six-laning of the Main Boulevard within the Lely Development. We have reviewed all relevant fi~es located within the Collier County Development Services Division public records, as well as the Southwest Florida Regional Planning Council files relating to the Lely Development DRI approvals. Our opinion is that the development documents and associated documents do provide that the Lely developer proposed and planned to provide a north-south six-lane roadway (i.e. the Main Boulevard) sometimes described by the developer as part of the "internal" arterial system. There appears to be no commitment to construct the six-lane facility upon commencement of the Lely Development, as it was proposed to be constructed based on phasing of the development. We have found no evidence of any developer commitment to provide funding for County arterial improvements outside the Lely Development as an alternative to developer construction and 'expansion of the north-south Main Boulevard within the Lely Development. Prior to discussing the background information that lead to our opinion, I would first point out that there are several arguments that may be'made by the Lely developer and the County with regard to these issues. Although these matters are not clearly addressed in the development documents, you should be aware of these potential arguments because they may provide some insight on the transportation considerations % DEC - 3 2002 Lely Resort Task Force c/o Kenneth J. Drum July 13, 2001 Page Two One obvious argument that the developer may make is that the Lely Development is not reaching buildout on the time schedule originally relied upon by the developer, and the resulting decreased traffic counts will either (1) delay the need for the six-laning of the north-south Main Boulevard for a number of years in the future, or (2) negate the need for the six-laning of the Main Boulevard altogether. There are proposed traffic counts, based on a five year incremental phasing, which may or may not support the developer's possible argument on this point. Those proposed traffic counts could be reviewed by an independent traffic consultant, if you felt it was appropriate to provide a more accurate analysis of the way in which the proposed phasing schedule coincides with today's real-world traffic counts. Conversely, the County would be expected to argue that the six-laning commitment by the developer was a development commitment upon which the DRI and PUD zoning were approved and the developer must comply with that development commitment unless the development documents are amended. I assume that such an argument would form the basis for the County's position that, in the absence of the developer's compliance with the six-laning commitment, the developer should be required to provide alternative funding for arterials located outside the development. The County would support its argument by contending that the purpose of the internal north-south six-lane "arterial" (as described by the developer) was for the purpose of handling not only internal traffic, but a certain amount of external traffic, which will now impact the surrounding County arterials in the absence of the internal roadway capacity committed by the developer. To give you some additional information on the background of the developer commitments, I will provide some information, and have attached some documentation, to assist in your review and analysis. The original application for a DRI Development Order by the Lely developer did not describe the capacity or planned lanes for the internal roadway system. There is, however, a mechanism in the application and approval process by which the state, regional and local staff have the ability to pose additional "sufficiency" questions to the developer to clarify or explain proposals, provisions or descriptions set forth by the developer in the DRI application. Question 31 .F.1 proposed by the Regional Planning Council staff follows, together with the answer provided by the developer's representative. Q.31.F.1. Please provide a map indicating the projected functional classification and types of facilities proposed for the "internal" road network, and the proposed lane configurations of the major access points. A.31.F.1. A map showing functional classification and planned lanes is attached. Intersections have not yet been designed. The next page, labeled A. 31 .F.1. (also numbered page 74 of the beveloper's Sufficiency Response) is attached to this letter as Attachment 1. As you will note, this map, for the first time in the development application process, actually describes and depicts the internal roadway system with respect to lanes and capacity, and clearly shows that the north-south Main Boulevard within the Lely Development is planned to be a six-lane facility with the adjoining east-west segment planned as a four-lane facility. In terms of the developer's proposal and discussion with respect to the effect of the internal roadway system, the developer provided the following response to the staff's question regarding what modifications in the highway network wile be necessary as a result of the development. ! hav.e.._q, uoted one paragraph below, but I have attached the entire question and answer as Composite Attachment 2 to this letter. ,(._¢ -3 2002 Lely Resort Task Force c/o Kenneth J. Drum July 13, 2001 Page Three No highway improvements other than the "int,~r,~al" a,tel ;al ~;ys~.em n.,entioned below will .... be necessary as a result of this oeve~opment. '~ne developers will construct approximately five (5) miles of arterial facilities (most of it multi-lane divided) within the development site and at the developer's expense. These new' arterials will provide relief for C.R. 951, U.S. 41, and Rattlesnake Hammock Road. Although these facilities will be built primarily to serve the land uses within the development, they will indeed become part · -' of the County's arterial system. By providing commercial and recreational land uses within the site, trip lengths in the immediate area will be reduced. This will relieve other arterials to the north and west of the site. In addition, undoubtedly some pureiy through traffic will use these 'internal facilities" which will be provided at the developer's expense. I would caution that citing a single paragraph from a very comprehensive development scenario can be dangerous, but I believe the above paragraph succinctly shows (1) the developer commitment to pay for the facilities, (2) that the developer describes it as the "internal" arterial system, (3) the developer recognizes that it will be multi-lane divided, and (4) internal roadways will be used by "some purely through traffic". This is certainly the type of provision that the County would use to argue that the Lely developer should be required to fund external improvements, if the internal improvements are not constructed. Finally, for informational purposes, I have provided copies of the internal traffic estimates provided by the developer during the DRI application process which reflect traffic counts on various segments of the internal roadway between 1990 (Phase I) and 2025 (Phase VIII) (see Composite Attachment 3). In conclusion, based on the deve!opment projections and development commitments provided by the developer, we find that there is a development commitment to six-lane the north-south Main Boulevard between U.S. 41 and Rattlesnake Hammock Road as part of the Lely Development "internal" arterial system (as described by the developer). We did not find any commitment on the par'[ of the developer to provide funding for external County arterial roadway capacity improvements. After your review and consideration of this correspondence, we will be available to discuss any of these issues with you should you require additional information. Sincerely, Kenneth B. Cuyler KBC:smc F:',DATA\WPDATA\LITIGATE-~.ely Resort\7-13drum DEL: - 3 2D,32 4 lane mmmm Arterial :"" eeeee~ Collector . ....... Local Street nor'~ ~ ~' D~L; - 3 2002.' I ~ ~ ' ~.$'l.FI Q.31.F. Based on projected trips as shown in (E) above, what modifications in the highway network (including inter- sections) will be necessary as a result of this develop- ment? Specify improvements needed intially and at the end of each phase of development . Will the developer · bear the costs .tot ~/~4y ;o~'ti~n of these improvements? A.31 .F. Analysis was made of travel volumes and operations significantly impacted. I~; d~term'ning what' improvements will be required due to the [mpact of this development, it was assumed that all highway network improvements re- quired by non-DRI traffic will be provided. The following additional improvements 'w~ll be required to maintain Level of Service C as the project is developed: During each phase, entrances from the developed parcels, as shown on the plan, connecting to U.S. 41, C.R. 951, Rattlesnake Hammock Road and St. Andrews Blvd. would be constructed when needed. In order to maintain adequate capactiy over time and provide optimum safety, all entrances to the site will be constructed with 24 ft. approaches (i.e. with left turn lanes) as a minimum. The developer will pay for signalization at the project's entrances if and when warranted. No highway improvements other than the "internal" arterial system mentioned below will be necessary as a result of this development. The developers will con- struct approximately five miles of arterial facilities (most of it multi-lane divided) within the development site and at the developer's expense. These new arterials will provide relief for C.R. 951, U.S. 41, and Rattle- snake Hammock Road. Although these facilities will be built primarily to serve the land uses within the development, they will indeed become a part of the County s arterial system. By providing commercial and recreational land uses within the site, trip lengths in the immediate area will be reduced. This will relieve other arterials to the north and west of the site. In addition, undoubtedly some purely through traffic will use these "internal facilities" which will be provided at the .'oveloper's expense. Any complete and objective evaluation of the trans- portation impact of the Lely Resort development must in- clude the evaluation of positive as well as negative impacts. Obviously, more money will be required to pro- 31-37 vide and maintain an adequate transportation service in this part of the Naples urban area than if this site -- should be left undeveloped. This "negative" impact must be balanced by the consideration of the positive impacts (from a transportation standpoint) of this development. As mentioned previously, the developer will take the responsibility for funding and constructing the entire road network within the project boundaries. If this site were developed in smaller pieces this would not be true. In addition, the planned and controlled (staged) develop- ment planned to occur on this site will be at least as efficient and probably more efficient in terms of fuel consumption and reduced vehicle miles of travel than with other development that might just "occur" at the site. Local services such as convenience stores and recreational facilities are strategically placed within the site convenient to the residential areas which will utilize them. Almost 65Z of the 62,921 total external trips generated under this proposed development would be attracted to the site and produced by people other than the residents of Lely. Those trips include shopping, business, and work trips to the on-site retail and business office areas, and recreational trips attracted to the Golf and Country Club. These trips would be on the highway system regardless of the type of development (or lack of such) at this site. The residents of Lely Resort Community will begin paying fuel taxes at the start of development and cont inue to pay into the several transportat ton-related funds for several years prior to the time off-site improvements are required. Although not quantified in this analysis, the total amount contributed over the project's 40 year buildout period is likely to be more than five million dollars in locally earmarked funds alone. 31-38 - DEC - 3 2002 2 o,,Z 2_ Rattlesnake Hammock Road ..__------- 5800 400 $100 esoo {140o 4900 t~ 800 C'J 9900 8900 1800 900 2300 4ooo c~:_,5 -,~ 2002 1700 1200 800800 LELY ESTATES too Figure 31-20 INTERNAL TRAFFIC Year 10 (1995) End of Ph3ce Il B&rr, Dunlop) I Aeeo¢l~tem, IRK:. 31-30 Rattlesnake Hammock Road ~00 /~ 200 200 4~00 1300 6300 eO00 I 7000 ~ aSO0 " 1404 BO0 800 6400 4000 eoo 10.700 gO00 gOO 7gO0 leOO ,,oo L~::i.; - 3 2002 300 .q leO0 7'00 ~ LELY ESTATES v .~ Figure 31-21 ~1 INTERNAL TRAFFIC " Year 15 (2000) End of Phase III ~ t I ~ 31-31 Rattlesnake Hammock Road - / 200 eSO0 ~ 1400 200 2000 7000 8300 700 7800 · , 10.800 500~ 2300 800 10,500 ?300 500 13,300 8300 4600 I 1,400 1700 10,100 6~00 elO0 5:300 LELY ESTATES Figure $1-22 .. INTERNAL TRAFFIC Year 20 (2005) End of Phase IV 31-32 Rattlesnake Hammock Road -----'--- TIO0 /~ 200 1300 2700 300 8000 13,700 2800 ~ 1100 ~ 1100 16.100 gOO ~ 800 leo800 14, ~ 13,900 2800 2800 I 1.400 ~ 5700 ,ooo Uj~J- 3 2002 LELY ESTATES Figure 31-23., INTERNAL TRAFFIC Year 25 (2010) o End of Phase V 3[-33 Rattlesnake Hammock Road 3000 3800 I 1,400 · oo '~-:' - ~ 2002 · , .,oo~.oo LELY ESTATES Figure 31-24 INTERNAL TRAFFIC Year 30 (2015} E~d of Phase VI I 31- 34 9,r,, Ounloo I Aleociatel. Inc. Rattlesnake Hammock Road ~. 15,200 ) ~ 1100 : /~ 400 22.200 2100 300 8500 22,900 lO,CO0 1100 14,300 : 00 '~ 19,600 · , 2200 2800 18,600 2200 25.300 3400 U'~ eO0 28.000 (~ 27,500 27.400 6600 · ~ 20,000 12,500 2,.,00 ~ [:z~: - '~. 2002 11.ooo LELY ESTATES ~ Figure 31-25 IN~ERNAL ~RAFFIC " End of Phase VII Rattlesnake Hammock Road _-----------------' 11,200 BO~. 26,800 ~ ' BO00 31,e00 .20o 1400 1~,2OO 2aDO le,~O0 ., 2aO0 20.CO0 2SO0 ~ 2SO0 31.400 eoo 17.200 32 32.500 3000 23,e00 LELY ESTATES 14.1oo 14.1oo INTERNAL TRAFFIC --. Year 40 (2025) End of Phase ViII & LELY - A RESORT CO~UNITY STAFF ASSESSMENT REPORT March, 1985 PBO~ 01~ Sot~w~ DEC - 3 2002 TABLE OF CONTENTS 2NYRCOUC=rION- LOCATION MAPS AP?LICAN'I' INFORMATION AND DEVELOPMENT SUMMARY .......... REGIONAL RECOMMENDATIONS ............................... 8 LOCAL RECOMMENDATIeNS 15 APPENDICES: STAFF REPORTS AND SUPPORT DATA ............ 19 I. REGIONAL ISSUES ............................ I-1 A. DRAINAGE/WATER QUALITY I-1 B. ENERGY .......................... C. HURRICANE EVACUATION ....... ................... 1-12 D. TRANSPORTATION. 1-14 E. VEGETATION AND WILDLIFE ................ 1-28 F. WETLANDS ............................... 1-31 II LOCAL ISSUES · ' ............ , .................. II-1 A EDUCATION .............................. II-1 B FIRE PROTECTION ........................ II-3 C FISCAL ................................. II-4 D HEALTH CARE ............................ II-§ E HISTORICAL AND ARCHAEOLOGICAL SITES .... II-S F HOUSING ................................ II-7 G POLICE ................................. II-10 H. RECREATION AND OPEN SPACE .............. II-11 I. WASTEWATER MANAGEMENT .................. II-12 · J WATER SUPPLY · ' .......................... II-13 III. DRAFT DEVELOPMENT ORDER .................... III-1 IV. REPORT OF THE FLORIDA GAME AND FRESH WATER FISH COMMISSION ............................ IV-1 V. REPORT OF THE SOUTH FLORIDA WATER MANAGE- MENT DISTRICT V-1 - 3 20 2 iii - !~RODUCTION ~ The "Lely-A Resort Community" Development of Regional Impact is located in Collier County at the northwest corner of US 41 .and CR 951. The development is a multi-use project, proposing 1000 single-family units, 9000 multi-family units, 1.08 million square feet of commercial space, 3 golf courses covering 470 acres, a 350 room resort complex, a 50 acre cultural center containing seating for 1850 persons and a 50 acre college site. Primary access from the site will be from US 41, CR 951 and CR 846 (Rattlesnake Hammock Road). Development is scheduled to take place over forty (40) years. The development threshold for a "residential" Development of Regional Impact in Collier County is 1,000 units. The threshold for a "shopping center" Development of Regional Impact is 400,000 gross square feet, or 40 acres, or 2,500 parking spaces, as defined by Chapter 27F-2.12 of the Florida Administrative Code The project exceeds the thresholds for both residential and shopping center. Therefore, the applicant has submitted an Application for Development Approval (ADA) for the proposed Development of Regional Impact, as required by the Florida Land and Water Management Act (Chapter 380, ~lR£ida Statutes ) for all DRIs. The impact assessment for the "Lely-A Resort Community" DRI has been prepared by the Southwest Florida Regional Planning Council as required by Chapter 380, ~R[ida Statutes . The DRI assessment is largely based on information supplied in the ADA. Additional information was obtained by contacting local officials, consulting official plans, and by reviewing reports related to specific issues in the impact assessment. The ADA was reviewed by the Collier County staff and their comments and recommendations were integrated into .various elements of the assessment. Water and water-related elements :of the project were also reviewed by the Florida Department of Environmental Regulation, the Department of Natural Resources, and the South Florida Water Management District. The transportation element was reviewed by the Department of Transportation. The ADA was also reviewed by the State Bureau of Land and Water Management and the Florida Game and Fresh Water Fish Commission. The Council staff's assessment is split into regional and local issues. The regional issues are those that affect more than one county. Staff recommendations for these issues are formal conditions to be included by the local government in any Development Order that is issued. In contrast, the local issues are those that affect only jurisdictions within a particular county. For these issues, the Council staff's objective is to highlight the crucial local issues and suggest remedial act'ions to be incorporated into a Development Order, should the local government decide to approve the project. For some that no issues, the analyses (included in Appendix II) indicate significant impact will occur. As a result, no reference is made to these issues in the recommendations. The findings of this evaluation and the Southwest Florida Regional Planning Council's recommendations are intended to assist Collier County in reaching its decision regarding the proposed development. The recommendations are not intended to foreclose, or abridge the leg~ responsibility of local government to act pursuant to applica~ble' loc~ l~s and c~dlnances. Copies of any "Development Order" (an order granting, denying, granting with conditions an Application for Development Approval issued with regard to the proposed development should be transmittE to the South,=st Florida Regional Planning Council and the Flori( Department of Community Affairs. SARASOTA "-"~ - ' "'-- OK££CHOB££ CHARLOTTE ' GLAD£S /1 / I Chorlotfe Harbor o LEE HENDRY ~) LELY COLLIER 0 8 1~ 18 20 25 MILES .~: ' RNC , ~?j. Pine Rid! CR · i~ Rodio Rd. SR 84 ;R 856 DAvis Blvd. SF CR951 D .EL' - 3 2~32 I 0 I 2 (MILES) SWFRPC, 85- RNC ~ ~ LELY RESORT DRI APPLICANT INFORMATION AND DEVELOPMENT SUMMARY ~Rlicant Information Project Name: LelF-A Resort Community Applicant: Richard L. Klean 5101 Tamiami Trail, East, #202 Naples, FL 33962 Date on which DRI/ADA was received: May 24, 1984 Date on which DRI/ADA was found sufficient: December 30, 1984 Date on which local public hearing notice was received: February ll, 1985 County DRI hearing date: April 16, 1985 Type of Development: Residential/Commercial Location of Development: Collier County DRI Threshold: 'Residential - 1,O00 units Commercial - 400,000 sq.ft. 40 acres 2500 parking spaces Development Summary: Residential - total units 10,000 gross density 3.8 units/acre total population 24,000 approx. Commercial - total square feet 1.08 million sq.ft. total employment 3,590 Resort Center - 315,000 sq.ft./350 rooms Total acres: 2,892.5 acres Estimated average potable water demand:* 2.149 MGD Estimated average nonpotable water demand:* 4.158 MGD Estimated average daily sewage generation:* 2.149 MGD Major Roads Impacted: US 41, SR 951, CR 951, CR 864 Project Construct ion Peri od: 40 years * At buildout of project 5 APPLICANT INFORMATION AND DEVELOPMENT SUMMARY ~9~!~cant Information . -,'roject Name: Lely-A Resort Community Applicant: Richard L. Klaas 5101 lamiami Trail, East, #202 Naples, FL 33962 Date on which DRI/ADA was received: May 24, 1984 Date o~ which DRI/ADA was found sufficient: December 30, 1984 Date on which local public hearing notice was received: February 11, 1985 County DRI hearing date: April 16, 1985 Type of Development: Residential/Commercial Location of Development: Collier County - 1,000 units DRI Threshold: Commercial - 400,000 sq.ft. 40 acres 2500 parking spaces Development Summary: Residential - total units 10,000 gross density 3.8 units/acre total population 24,000 approx. Commercial - total square feet 1.08 million sq.ft. total employment 3,590 Resort Center - 315,000 sq.ft./350 rooms Total acres: 2,892 5 acres Estimated average potable water demand:* 2.149 ~GD Estimated average nonpotable water demand:* 4.158 MGD Estimated average daily sewage generation:* 2.149 MGD Major Roads Impacted: US 41, SR 951, CR 951, CR 864 Project Construction Period: 40 years * At buildout of project LELY RESORT COMMUNYTY LAND USE 'SUMMARY COMMERCIAL APPROXIMATE SYMBOL DESCRIPTION UNITS SQ. FT. ACREAGE 10,000 - 1,328 R Residential _ 380,000 38 C-1 Commercial/Community 30 _ 280,000 C-2 Commercial/Professional C-3 Commercial/Neighborhood - 420,000 46 _ 470 GC Golf Course - 3 @ 18 holes - _ 50 EC Edison College-2500 students - _ 50 CC Cultural Center-1850 seating - _ 50 RC Resort Center-350 rooms _ 192 CO Conservation/Open Space _ 170 PR Cypress Preserve _ _ 310'1 L Lake _ _ 12 PA Park _ _ 66 - Major Collector _ 50 _ Minor Collector _ 30 - Local Road TOTAL DEVELOPMENT 10,000 1,080,000 2,892.+ NOTE *l: Approximately 236 acres of lake are shown on the Master Plan. The additional 74 acres of lake will be included as required within the Lely community. LELY RESORT COMMUNITY .I _ ... LA}~D USE 'SUMMARY COMMERCIAL APPROXIMATE 'SYMBOL DESCRIPTION UNITS SQ. FT. ACREAGE I Residential 10,000 - 1,328 C-1 Commercial/Community - 380,000 38 C-2 Commercial/Professional - 280,000 30 C-3 Commercial/Neighborhood - 420,000 46 GC Golf Course - 3 @ 18 holes - - 470 EC Edison College-2500 students - - 50 CC Cultural Center-1850 seating - - 50 RC Resort Center-350 rooms - - 50 CO Conservation/Open Space - - 192 PR Cypress Preserve - - 170 L Lake - - 310'1 PA Park - - 12 - Major Collector - - 66 - 50 - Minor Collector - - Local Road - - 30 TOTAL DEVELOPMENT 10,000 1,080,000 2,892.+ '1: Approximately 236 acres of lake are shown on the Master NOTE Plan. The additional 74 acres of lake will be included as required within the Lely community. ':-2002 DEC - ~ 2002 uu, iviivl ,ONS -,:73 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S 'STAFF FINDINGS AND RECOMMENDATIONS IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOL- LOWING CONDITIONS: i. DRAINAGE/WA?ER QUALI?¥ (Refer to Appenaix I, Section A) A conceptual Surface Water Management ?Ian has been proposea that indicates that stormwater runoff from the project wiii be managea by a typicai iake/swale aetention system which incorporates a series of water quality "best management practices." Aithough the concepts propose~ are sound,' the iong-term impiementation o~ the concepts was not ~emonstra'tea through the ~n~ormation proviae~. ?herefore~ more ~etaiie~ information will neea to be provi~e~ th[ough the ~evelopment review process to assure that the concepts ale a~he[e~ to an~ that a~itional a~verse [egiona1 impact w~ll not occur. ~urther information is necessary in or~e[ to provide a fuii analysis of impacts. RECOMMeNDAtIONS Any DRI Development Oraer issueQ by Coliier County shall contain the foliowing provisions: a. ~he ~rainage system for the "Ueiy" project shali impiement the aesign standards and water quaiity "best management p~actices" outiine~ in the Appiication for Deveiopment Approval~ response to Question 22~ Drainage. b. ~ An on-going maintenance an~ monitoring program that reguiariy inspects~ maintains an~ sampies the stormwater ~rainage system shaii be implemente~ by the appiicant~ or his successors, through project ii~etime. c. ~he Deveiopment Or,er shali pro~i~e that prior to project construction~ the' aeveloper wii1 provide the information specifie~ wlthin the. South ~lori~a Water Management District Impact Assessment repo[t to the S~NMD~ SW~RPC an~ Collier County for reiew an~ that a Conceptuai Surface Water Management pe[mit shaIi be obtaine~ from the S~WMD. Coilier County's review shaIi be con~ucte~ according to the provisions of Chapte[ 380.06(17)~ ~loriaa Statutes . - 3 2002 2.E.E.cY efe 'to Appendix Section BI Aa, The proposed project would be an all electric development and. would increase the energy demands of the Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the provision that the energy conservation features outlined in the Application for Development Approval response to Question 25, "Energy," shall be incorporated into the final site plans and architecture for Lely Resort Community or be implemented through appropriate deed restrictions and covenants. 3. HURRICANE EVACUATION (Refer to Appendix I, Section C) The "Lely" project is located in an area vulnerable to storm surge flooding during a Category 3 hurricane. As a result, bottom floor residents with building elevations less than 12 feet NGVD will require on-site shelter sp~ce. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following requirements: a. The applicant's commitments to provide shelter space at pace with its development buildout, consistent with the standards contained (as minimums) on page 8 of the ADA, First Sufficiency Response. b. As further provisions, shelters shall have water and sanitation, an emergency power supply, and protection of interior shelter areas from exposed glass or other openings. c. The applicant shall ensure that any community association ha~e the responsibility to keep r~sidents informed of the natural disaster plan, the role of the Lely Community, County's and the feasibility of residents remaining at home'for certain storm conditions. 4. TRANSPORTATION (Refer to Appendix I, Section D) Traffic generated by the Lely Resort DRI, when combined with other growth in the area, will necessitate substantial toady ~ improvements, if level of service "C" conditions are to maintained. Due to conflicts between the ADA and the MPO's forecasts, the project's transportation study requires periodic re-examination, with the first re-examination being a condition prior to the initiation of Phase III. - 3 2002 RECOMMENDATIONS Based on the needs outlined in this document, any DRI Development Order issued by Collier County shall contain the following provisions: a. The applicant shall be required to pay for any intersection improvements deemed necessary by the Collier County Engineer for the project's access points onto US 41 and CR 951. b. At the time that any portion of the following roadways is found to exceed level=of-service "C" (by the Collier County Engineering Department of other appropriate county department or FDOT), the applicant shall become obligated to pay a proportionate share of the cost of constructing two additional lanes (but not right-of-way) for the segment exceeding capacity: 1) US 41 from Henderson Creek to CR 951 2) US 41 from CR 951 to Lely N/S Arterial 3) US 41 from Lely N/S Arterial to CR 864 4) US 41 from CR 864 to CR 31 5) CR 951 from US 41 to Lely E/W Arterial 6) CR 951 from Lely E/W Arterial,to CR 864 ~ 7) CR 951 from CR 864 to SR 84 This share shall be determined by the proportion of the project traffic on the road segment, at the time of full buildout of Lely to the level-of-service "C" capacity (as defined by FDOT) of the additional lanes. The cost shall be determined, at the time of commencement of construction, by the agency making the improvement, and shall be based on that agency's average costs for the same type of improvement. Payment of the applicant's proportionate share shall be due upon commencement of construction of the roadway improvement. At the same time the applicant becomes obligated to a proportional share payment, Collier County or FDOT shall commit to adding two lanes to the road segment exceeding capacity. Should more than two additional lanes be required to maintain LOS "C" on a road segment during project buildout, the applicant shall participate in their funding in the manner outlined above, bu~ shall receive credit for any previous contributions towards widening the road segment. c. At the time that the-intersection of US 41 and CR/SR 951 is found to exceed LOS "C" (by the Collier County Engineering Department or other appropriate county department or FDOT), the applicant shall become obligated to pay a proportionate share of the cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or FDOT. This share shall be determined by the applicant's share of the traffic, at the time of full buildout of the project, to the total volume of the projected traffic utilizing the intersection. Should additional improvements be required to maintain LOS "C", outlined above, but shall receive credit for any. improvements to the intersection. d. Commitment to construct the proportional share improvements outlined in recommendations b and c above shall be made at the time that a road segment/intersection is found to exceed LOS "C" Service level determination shall be made by either the Collier County Engineering Department or FDOT. To this end, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, the Collier County/Naples MPO, FDOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted at the time of the issuance of the first certificate of occupancy for Lely. Reports shall be submitted annually until buildout of the project. This report shall contain traffic counts taken at the access points to the site and all general analyses of the project's origins an destinations for that given year including turning movements to the intesection of US 41 and CR/SR 951. e. Before the initiation of Phase III, the applicant shall submit a report to the Collier County Area M?O, FDOT, and Southwest Florida Regional Planning Council, addressing either the next phase or the entire ~roject, documenting commitment in approved planning programs to 'fund required future road'~ improvements. The report shall also update the applical success in diverting arterial traffic from other roadways outside Lely to the roadways within the DRI (thus lessening the need for improvements on non-DRI roadways. Approval, or approval with conditions if needed, of the next phase of Lely will be dependent upon results of this survey and the review and recommendations provided by the above-referenced agencies. ALTERNATIVES a. ~ ~.ees and/or Assessments - If Collier County adopts an Impact Fee and/or Assessment for the improvements depicted in c and d above, prior to Phase III, thi~ fee or assessment may be substituted. Payments already made the applicant for these improvements may be credited toward th~ overall fee. - 2OO2 - 3 2002 b. Other Alternatives - It is understood that the specific conditions listed above require commitments for payment from the developer and implicit commitments for construction from local and state agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by state agencies. Therefore, Collier county is allowed to provide alternatives to the above conditions when the alternatives mitigate regional ~ roadway .impacts. Should this alternative be pursued, Collier · County is requested to solicit Council review of the alternatives prior to the Development Order being adopted. 5. VEGETATION AND WILDLIFE (Refer to Appendix I, Section E) Several Rare, Endangered, Threatened and Special Concern wildlife species occur or potentially occur on site. A clan of Red-Cockaded Woodpeckers have utilized the site for breeding and nesting purposes recently in the past and could still exist at the site. RECOMMENDATIONS Any DRI Development Order issued by Co°llier County shall contain the provision that the applicant shall implement detailed site inspection for Rare, Endangered, Threatened and Special Concern Wildlife Species with special attention to the Red Cockaded Woodpecker for each phase proposed for final plat approval. Should the presence of these species be found, the applicant shall notify the Florida Game and Fresh Water Fish Commission (FG&FWFC) and the SWFRPC and shall undertake appropriate protection measures. These measures shall be approved by the FG&FWFC prior to final plat approval. 6.~ WETLANDS (Refer to Appendix I, Section F) The applicant has proposed a conceptual series of environmental guidelines to limit impacts to on-site wetlands. Detailed information on specific alterations have not been provided and could not be fully assessed. RECOMMENDATIONS - Any DRI Development Order issued by Collier County shall contain the following provisions: a. The Development Order shall provide that prior to the implementation of .any phase of the development, more detailed information shall be submitted to the Florida Department of Environmental Regulation, SFWMD, SWFRPC, and Collier County for review, which provides the following information: 1) Ecological health, condition and function of each wetland to be impacted. 2) A more precise identification of which seasonal transitional survey and _the · . based on the above areas will be destroyed, application of the proposed wetland resource guidelines. 3) Historic water levels to be maintained within wetland preserves to serve as a design and review guide. 4) More detailed information on how the water management system will maintain historic water levels within each wetland preserve. (Placement and design of the adjustable structures, equalizer swales and culverts.) b. Collier County's review shall be conducted according to the provisions of Chapter 380.06(17), ~lorid~a Statutes · OTHER CONSIDERATIONS · -- 50-acre Community The Lely site plan includes a provision for a College site to be donated to Edison Community College. The ADA indicates that the college will serve approximately 2500 students. Chapter 27F-2, F.A.C. , Developments Presumed to be of Regional Impact specifies-~a~--any post-secondary educational campus which provides for a design population of 3000 full-time students or any expansion of more than 20% of design population to an existing campus is presumed to be a Development of Region~ Impact. RECOMMENDATIONS Any DRI Development 0rder~ier county shall contain the provision that the Community College site shall be monitored by Collier County- If the final design population for this campus exceeds 3000 full-time students, the State Land Agency shall be notified by the County and a Binding Letter of interpretation of Development of Regional Impact Status shall be obtained by the appropriate applicant for the Community College, prior to final site plan approval. 8. GENERAL CONSIDERATIONS In the ADA for the "Lely" DRI, numer9us commitments were made by th~ applicant to mitigate project impacts. Many but not all of these c°mmitments were listed in this staff assessment- RECOMMENDATION_S_ Any DRI Development 'Order issued by Collier County shall contain the provisions that: a. All commitments and impact~mitigating actions provided by ~he applicant within the Application for Development Approval supplementary documents) that are not in conflict with speciri¢ conditions for project approval outlined above are.officiall} adopted as conditions for approval. .... ~hall submit an annual report on th~ D~_U - 3 20{32 Collier County, the s~uthwest Development of Regional Impact to Florida Regional Planning Council and all affected permit agencies as required in Chapter 380.06(16), _Florida_Statutes_ · SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S . STAFF FINDINGS AND RECOMMENDATIONS IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOL- LOWING CONDITIONS: 1. EDUCATION (Refer to Appendix II, Section A) The project will generate a school age population of 2000 students, potentially necessitating the construction of new school facilities that could cost approximately $13,422,304. The applicant has reserved a 50-acre site for donation to Edison Community College. However, no other school sites have been established. RECOMMENDATION Any DRI Development Order issued by Collier County should contain a provision to require the applicant to contribute a proportionate share of the capital costs of constructing school facilities necessitated by the project. One such method could be to include the dedication of two school sites, one for elementary and one for middle school .students. 2~ FIRE PROTECTION (Refer to Appendix II, Section B) The proposed development lies within the service area of the East Naples Fire Control District. Response times from the closest station range from 4-5 minutes to the north entrance to 5-7 minutes to the south entrance. Jim Billman, East Naples Fire Department Chief, states that Lely will create the need for an additions] 2-man engine company. RECOMMENDATIONS Any DRI Development Order issued by Collier County should contain the provision that the applicant should contribute an equitable portion toward the increased capital needs of fire protection created by the proposed development. Such an equitable share might be the donation of the fire fighting equipment for the 2-man engine company that w be necessitated by Lely's construction. 3. HOUSING (Refer to Appendix II, Section F) Based on an analysis of employment and wage prospects within Lely and median incomes of current Collier County residents, it is ~nn.r.nf that most future employees of the development, and - DCC - 3 2002 indeed, most Collier County resident families, could not afford to purchase a home in the development as it is currently planned, unless they possess substantial assets in addition to wage income. RECOMMENDATIONS Any DRI Development Order issued by Collier County should contain a provision that the developer include an appropriate number of dwelling units affordable by median income County residents as well as prospective employees of the proposed office and commercial establishments. 4. TRANSPORTATION (Refer to Appendix I, Section D) Traffic generated by the Lely Resort DRI, when combined with other growth in the area will necessitate roadway improvements to portions of CR 864 (Rattlesnake Hammock Road), if level-of-service "C" conditions are to be maintained. RECOMMENDATIONS Any DRI Development Order issued by Collier County should contain the following provisions: a. During Phase II, the applicant should be required to pay for any intersection improvements deemed necessary by the Collier County Engineer for the project's access point onto CR 864 (Rattlesnake Hammock Road). b. At the time that any portion of the following roadway is found to exceed level-of-service "C" (by the Collier County Engineering Department or other appropriate county department), the applicant should become obligated to pay a proportionate share of the cost of constructing two additional lanes (but not right-of-way) for the segment exceeding capacity: (1) CR 864 from the Lely north arterial entrance west to County Barn Road. (2) CR 8S4 from County Barn Road to US 41 This share should be determined by the proportion of the project traffic on the road segment, at the time of full buildout of Lely Resort BRI to the level-of-service "C" capacity (as defined by FDOT) of the additional lanes. The cost should be determined, at the time of commencement of construction, by the agency making the improvement, and .should be based on that agency's average costs for the same type of improvement. Payment of the applicant's proportionate share should be due uPon commencement of construction of the roadway improvement. At the same time the applicant becomes obligated . to a proportional share payment, Collier County should commit to adding two lanes to the road segment exceeding capacity. Should more than two additional lanes be required to maintain LOS "C" on a' road segment during project b,,iJdout' the 'soplic~nt should participate in their funding in the manner outlined above, but should receive credit for any previous contributions towards widening the road segment. c. Commitment to construct the proportional share improvements outlined in recommendation b above should be made at the time that the road segment is found to exceed LOS "C" Service level determination shall be made by the Collier County Engineeripg Department. To this end, the applicant should submit an annual monitoring report to the Collier County Engineering Department, the Collier County/Naples MPO, FOOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report should be submitted at the time of the issuance of the first certificate of occupancy for Lely. Reports should be submitted annually until buildout of the project. This report should contain traffic counts taken at the access points to the site and all general analyses of the project's origins and destinations for that given year. d. Before and as a condition to the initiation of Phase III, the applicant should submit a report to'the Collier County Area MPO, FOOT, and Southwest Florida Regional Planning Council, addressing either the next phase or the entire project, documenting commitment in approved planning programs to fund required future roadway improvements. The report should also update the applicant's success in diverting arterial traffic from other roadways outside Lely to the roadways within the DRI (thus lessening the need for improvements on non-DRI roadways.) Initiation (with additional conditions if needed) of the next phase of Lely should be dependent Upon results of this survey and ~ the review · and recommendations provided by the above-referenced agencies. 5. WATER SUPPLY (Refer to Appendix II, Section J) The Lely project is expected to utilize approximately 2.149 million gallons per day (MGD) of potable water at buildout and 4.158 MGD of nonpotable water. RECOMMENDATIONS Any ORE Development Order issued by Collier County should cont,'in the following provisions: a. The applicant shall obtain a Water Use Permit for groundwater withdrawals from the South Florida Water Management District. The issues of concern listed within the SFWMD Impact Assessment shall be addressed during this permit review. b. The applicant shall incorporate the use of water-conserving devices, as required by state law (Chapter 553.14, F.S. c The applicant shall consider water-conserving features in · . ,._~:_~ ~ ..... ~ nrioritw zoning, and native and/or low water use plants and turf. C=C - 3 2002 TRANSpOrTATION The Lely Resort DRI is located on' 2892.5 acres bounded on two aides by regional roadways. On the east, CR 951 (Isles of Capri Road) provides a connection to Interstate 75 and on the south, the project fronts on US 41. CR 864 (Rattlesnake Hammock Road) is a local roadway that borders the project on the north and to the west are the existing Lely Estates and Eapl.s. Manor developments. SR 951 extends from US 41 at the border of the Lely development south to Marco Island. 1. E~i l~Pact a. Applicant Estimate - The DRI traffic was projected using trip generation rates fro~ Engineers (ITE) Trit the Institute of Transportation ' Generat~ Third Edition, 1982. These rates were then appliec to generalized land use categories which were phased to occur il 5-year periods over the forty year buildout of the development. The applicant estimated thaf the project would generate a tota of 94,159 average daily vehidle trips at completion in 20~ Commercial, recreational, and employment facilities within project would retain 31,238 (33.2%) trips with 62,921 (66.8% daily external trips.(1) Projections of future total traffic volumes on existing an based on an analysis o proposed highways in the area were available data, including traffic volume records of the Florid DOT for the area over the past six years and the 1980 Traffic an revenue Study for SR 951. Background volumes on SR 951 wet projected at an annual rate of 3.5% and other traffic in th impact area was projected at an average annual rate of 3.0%.(2) DRI traffic was assigned to the highway network in the primar impact area with CR 951 receiving the greatest loading of 15,40 DRI trips at buildout, on the segment at the northeast border the project. CR 864 was projected.to receive 9,600 trips on th segmeot just east of Santa Barb~ra Boulevard, and US 41 woul receive 8900 trips on the segment just east of the junction wit the proposed Lely north/south arterial. The existing traffic conditions and the applicant's projectior of total traffic in 1995 and 2025, as well as 2025 intern~ traffic are shown in Maps D-l, 9-2, 9-3, and P-4. In determining what improvements will be required due t~ the applicant assumed that impact of this development, highway network improvements required by non-DRI traffic wiii provided by some agency. Except for intersection improvements the project's entrances and the project's "internal" arteri~ system, no highway improvements would be necessary as a result this development. According to the applicant, road improvemen ..~+~i. +h~ development will obviate the need for improvements r DEC - 2002 LELY ESTATES Figure 31-1 -. EXisTiNG TRAFFIC CONDITIONS Volume Relationships Legend OOO - AOT peak hi'. vol. pine RIdQe .XXX --24 hr. vol. 896 (87N-33S) - peak hr. 7437 11 .09 '- 11 - BDA count (oEE-32W) 31 - BOA count CR 886 (67N-33~) ~97 21 * 3415 4~ (kSN-45S) 32.178 31 Radio Rood SR 84 .og 856 [5~N-418) S231 41 5804 11 94i3 41 )ovls Blvd. 4938 41 NAPLES SR 84 16e5 ~S ~ .1o le,e~s 41 .08 (eSE-35W) (80N-508) 24,821 41 4555 31 ~114 31 28,353 41 CR 4000 31 21,040 41 e001 31 .09 14,400 31 .00 7680:31 (48E-S4W) 08 12,544 41 .. Figure 3 1 - 1 2 PROJECTED DRI & TOTAL TRAFF.iC Year 10 (1995) End o~ Phase (000) DRI ADT 0OO Total ADT 2e~oo (100) (100) i 41.100 2e,lOO (o) ( 1 ~ (o) pkwy. 12,300 ~ SO0 i~', (300) (o) ~ 856 ?200 i ~i: ~0,8o0 leOO (180o] (1~00) 23.?00 34.s00 (100) (0) 40.000 (200) 1:3,300 ~ 43,200' (300) (400) .3100 (&oo) 36,,0 31'00 (jooo) 40, (1400) (soo) (TOO] (2S00) (1 IOO) ;.~ 8~G) 0300 li.qO0 (Ooo) ~ .... LELY 'ESTATES DEC - 3 '-' PROJECTED DRI '& TOTAL TRAFFIC i Year 40 (2025) End of Phase VIII (0oo) DAr AC)T 000 Totll ADT ~ 4:3,400 (40G) " . (200) -. 31,100 j 4~,$0o (2600) (200) ~4,700 (li00) 42.000 ~ (coo) o2.4oo (soo) 8.56 ~: :ooo) 4-.3(Oo~ ,8.3oo 1d.lOO 1,.0oo ~, (1400) (200) (12..I, 00) .,! 11,800 4s.loO -- (ssoo)~ (t lOO) 8~ coo NAPLES 2,.soo ,~; ($o0! 48,:G0 ' lO00 (2200) 4S.300 4600) [lOO0) (28,0°) 12,800 (oeoo) ( 61,500 7800) IiaO0 (0200) (1700) 21,900 (7000) 14.°oo 24,1 (4 100) (80oo) 17,300 (6800) O~ SCAL£ c~ Rattlesnake Hammoc · 1400 3 l,eoo ' 2Boo lC,GO0 2800 2800 ~ ~o,eoo 32,70 8ooo 2~,800 1~,800 LELY ESTATEs ~a. ooo INTERNAL TRAFFIC Year 40 (2025~ End of Pha~e VIII The developers will construct, approximately five miles of arterial facilities (most of it multi-lane divided) within the development site and at the developer's expense. These new arterials will . provide relief for CR 951, US 41, and Rattlesnake Hammock Road. Although these facilities will be built primarily to serve the land uses within the development, they will indeed become a part of the County's arterial system. By providing commercial and recreational land uses within the site, trip lengths in the immediate area will be reduced. This will relieve other arterials to the north and west of the site. In addition, undoubtedly some purely through traffic will use these "internal facilities" which will be provided at the developer's expense.(3) b. Staff Estimate - The SWFRPC staff has incorporated comments from the staff of the Naples (Collier County) Metropolitan Planning Organization in the following assessment of the Lely Resort DRI. Any such assessment of transportatibn impacts must be based on future land uses proposed for the development. Different land uses will produce or attract differing volumes of vehicular traffic. The Lely Resort DRI/ADA states repeatedly, however, that the developers have sought great flexibility in their site plan, "inasmuch as the project sponsors primary intent is to sell developed/improved land to builders, the detailed information on target market groups is wholly speculative."(4) "(ADA) Table 12A.2 indicates one possible mix of residential units, and for the purposes of this impact analysis we have used this summary. Ir'must be clearly stated, however, that this summary represents oniy one hypothetical breakdown, and although it represents our best estimates at this time, the applicant shall not be bound by or guarantee this mix."(5) Indeed, the various residential and ADA will allow a commercial land use categories indicated in the variety of land use types and intensities within them. Given~ these constraints and assumptions of the ADA, the lengthy 40-year buildout of this development, add the corresponding uncertainty of land use projections, the usefulness of the staff assessment to 2025 may be seriously compromised. One only has to think back to the conditions in the Naples area in 1945 and the dramatic changes that have occurred since then, to realize the futility of assessing transportation impacts with any degree of accuracy for forty years into the future. This timeframe exceeds most land use and population projections by at least 20 years. The Naples Area Transportation study (NATS) has in fact, completed zonal data for this area and has projected corridor traffic volumes to 1995. To the extent that this data is available, the staff has incorporated NATS projections in the assessment of Lely Resort DRI to the end of Phase II. DRI Traffic - ___ - ....... ~ : ~-- ~+~ ~ determine total .~.c;.~;_e. ~-;eck~ay <rip ends and agrees with the of 90% occupcnc~' .f .... s~g;eVfa~ily residential and 80% occupar for multi-family residential uses. A~ter.applying these rate~ all proposed land uses in each phase and subtracting those productions that will be.~atisfied by on-site trip attractio} the staff arrived at a total trip generation for all phases 121,035. While the staff generally agreed with the applicant allocation of generated trips by purpose, it disagreed with applicant's internal/external split, feeli~g that the applic~ significantly underestimated the n~?ber of trips that would satisfied off site. Based on the number and location commercial, recreational, and employment opportunities propo{ within Lely resort DRI, a total of 14,591 average daily tr would be internal at project completion. External tr: calculated by the staff were greater than the applicant indica on ADA page 31-17 by a factor of 1.69. Non-DRI Traffic - Rather than using projections of future land uses and popular since NATS zonal data was not available at the time, applicant used growth rates of 3 to 3.5 per year based on rec FDOT traffic counts in the area to project traffic volume After applying these rates to'existing traffic counts in th~ a to project total future traffic, the applicant subtract projected DRI volumes from this total to derive prooec background traffic. The staff disagrees with this methodol and believes the DRI traffic should be considered in additi to projected existing volumes, particularly in a rather isola tract such as this. When the Naples Area Transportation Study projected corri traffic volumes for 1995 are compared with projections made the applicant for the same road link, there are signific differences as shown in Table D-1. While NATS figures repres future demand which could be satisfied on more than one road~ comparison of NATS 1995 Corridor Volumes with Map D-3 from ADA, indicates that for certain road links, NATS 1995 volumes greater than those projected by the applicant for 2025, a thirty years later! Directional Splits and Road Capacity - The staff agreed with the applicant's assignment of DRI traJ to the highway network, use of UTPS roadway capacities, peak ratio, and directional split on links in the impact area. Anticipated traffic conditions on regional and local roadway: the end of Phase II (1995) are presented in Table D-2. Only segments receiving 5% or more of their projected averaf traffic from the Lely Resort DRI are included. DRI trsf~-c total projected ADT by road segment are also illustrated on D-5. Total traffic corridor projections are taken from Techn Memo #3 of the Naples Area Transportation Study. ADA/DRI co were adjusted to reflect higher staff trip generation. ~ ~ oo ooo ooOOO 0 O0 I O~ 0 Applicant Estimate - The applicant makes tf~e following statement: "The following additional improvements will be required to maintain Level of Service "C" as the project is developed: During each phase, entrances from the developed parcels as shown on the plan, connecting to US 41, CR 951, Rattlesnake Hammock Road and St. Andrews Blvd. would be constructed when needed. In order to ma{ntain adequate capacity over time and provide optimum safety, all entrances to the site will be constructed with 24 ft. approaches (i.e. with left turn lanes) as a minimum. The developer will pay for signalization at the project's entrances if and when warranted. No highway improvements other than the "internal" arterial system will be necessary as a result of this development."(S) b. Staff Estimate - In examining planned road improvements, the staff is prim concerned that an improvement will be in place at the time th it is needed. Only roads receiving traffic from Lely during first two phases that were pro3ected to be in excess of 5% of road LOS "C" capacity were considered in Table D-2. Letters the ADA from Collier County and the Florida Department Transportation indicate that no substmntial road improvements funded in the impact area within the next five years. The st~ believes that the proposed internal Lely arterial roadways provide relief to non-DRI roads only if they are designed to directly with arterials off site such as Santa Barbara Boulev~ extended. By the end of 1995, the following regional and local segments will require widening, in part, due to the Lely Res DRI: Regional Segments - (1) US 41 from Henderson Creek east of SR 951, to CR 31 (Airp Road). " (2) SR 951 from US 41 south to Henderson Creek. (3) CR 951 from US 41 to SR 84 (Radio Road). Local Segments - Road) from the proposed (1) CR 864 (Rattlesnake Hammock north/south arterial to US 41. ~or intersections - ' the Analysis was conducted by the applicant A Critical Movement. t%' 'be significantly impacted bYthree intersectiOnS likelY' ' , According to the ADA the following development of LelY. operating at LOS "C or below during intersectiOnS are currently the peak hour: ~ E Davis Boulevard (SR 84) and Airport Road (SR 31) D C US 41 and Airport Road US 41 and CR 951 will and other intersections increase- Th improvements to these necessitated in the Lely area as traffic volumes timing and type of improvement required should be determined b the county Engineer. Those intersections affecting regions raodwa¥S include all those connecting the Pr°3ect to CR 951 an US 41. ARRlicant Commitment .......... at the project The developer commits to pay for signalization entrances if and when warranted' The developer will also and construct the entire road network within the P~ approximately five miles of after] boundaries including the attached map'(7) There is facilities as indicated on commitment to pay for external roadway improvementS' Uncommitted Costs - . ~- 1984 dollars __~ estimate ~'_~m-nt improveme a generu~ .... d roadway ~=~'~made to inc] Table D-3 provides uncomm~= total costs to provide No attempt was required by the end of phase II. right-of-WaY costS. BLE -- I~ ROa~az ~ ......... ..... ................. Generalized ~ Cost Length in ($1,000) Road segments/ Miles improvements .8 41 0.68 _ ~om ~enderson Creek to $652 SR 951 (Add two lanes to existing two lanes) 6.4 $8,83~.0 - From SR 951 to SR 31 (Add 2 lanes to existing 4 lane segment) $844.8 ~' ~.B8 Pine CR31 Rodio Rd. SR 84 856 5O7 49200 Oovis Blvd. ;R 676 ,00 676 ;200 CR~I 3042 3380 338 8800 25 I00 1780O 39500 1183 ,563 21900 16000 + 1859 :*' 36900N I 185 ~ - -- 16000 r 3C 1014 "*' 36900 900 1352 LEGEND 1183 DR! TRAFFIC 1_6000 TOTAL TRAFFIC DEC -: ;,: ~ LELY RESORT DRI PROJECTED 1905 DRI AND TOTAL TRAFFIC 1-25 MAP D-6 - i'~ ! oeoo :, 4 lane ~, -4: ! e~eeoeOeeo . ... · eons '9 r eeoeOeeetu * · enfORCE: ~A sufficiency ~ ~ existing 4 lane segment) CR ~! 6 84 $6,566.4 -2 From US 41 to SR 84 ' (Add 2 lanes to existing 2 lane segment) Local Segments CR 86~ 2 8 $2,688.0 -5 ~om intersection with ' Lely N/S arterial to US 41 (Add 2 lanes %o existing 2 lane segment) 17.6 miles $19,584. TOTAL Table D-3 does not show uncommitted improvements required after 1995 during which phases III through VIII of Lely will generate the remaining 81.8% of the projected trips. There are a number of options which could be initiated to meet these funding requirements. The applicant could be required to fund improvements to area roads based on his share of traffic impacts. Another possibility would be,the initiation of county impact fees that would cover the costs of the required road improvements- Initiation of a municipal service taxing unit (MSTU) which would cover all road improvements would be a third option. 4. References (1) ADA, P. 31-17. (2) ADA, P. 31-3. (3) ADA, P. 31-37. (4) ADA, P' 32-5. (5) ADA, P- 12-2. (6) ADA, P. 31-37. (7) ADA, PP- 31-37, 31-38. 1-27 .... - 3 2002 DEVELOPMENT ORDER FOR (~Project Name). A DEVELOPME~ OF REGIONAL IMPACT (File Nung~e r) LET IT KNOWN, THAT, PURSUANT TO SECTION 380.06, OF THE FLORIDA STATUTES, THE (local governin~ body) OF (local government with ~uris~ diction), HAS HEARD, AT A PUBLIC BEARING CONVENED ON (~date of public ~, TRE APPLICATION_ FOR DEVELOPMENT APPROVAL FOR (pro~eCt name), WHICH CONSISTS OF (acreage~ TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE APPLICATION FILED BY (n_ame of applicant(S~), (owne~) (~uthorize~dd representative), FOR SAID DEVELOPMENT- WHEREAS, the (local governing body,)of (--local ~overnment__)has considered the report and recommendations of the Southwest Florida Regional planning council, the (local ~overnmen~)_ staff, the documents and comments upon the record ~ade before the (local ~overning body,) of (local government), hereby makes the following Findings of Fact and conclusion of Law: FINDINGS OF FACT 1. (Project Description and Legal DescriptionL 2. The proposed development is not in an area designated as an Area of critical State concern pursuant to the provisions of Seotion 380.05, Florida Statutes. 3. The development (does/does not) unreasonably interfere with. the achieve~ent of the objectives of an adopted state land deyelopment plan applicable to the area. 4. The development (is/is not) consistent with the local land development regulations. 5. The development (is/is not) consistent with the report, and recommendations of the Southwest Florida Regional planning council submitted pursuant to Subsection 380.06(11), Florida statutes. DEVELOPMENT ORDER FOR A DEVELOPMENT OF REGIONAL IMPAC__T (File Number) · LET IT KNOWN, THAT, PURSUANT TO SECTION 380.06, OF THE FLORIDA STATUTES, THE ~(local ~ OF (l__ocal government wi~ dictions), HAS HEARD, AT A PUBLIC HEARING CONVENED ON (__date of publi~c ~, THE APPLICATION. FOR DEVELOPMENT APPROVAL FOR ~' WHICH CONSISTS OF ~ TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE APPLICATION FILED BY (name of a licant{S), (owner) (authOrized r~e~resentative), FOR SAID DEVELOPMENT- WHEREAS, the ~ of (l___~ocal ~ove.r~ent~) has considered the report and reco~nendations of the Southwest Florida staff, the documents Regional planning council, the (local government) and comments upon the record ~nade before the (lo____cal ~overninc body) of (local government), hereby makes the following Findings of Fact and conclusion of Law: FINDINGS OF FACET 1. (projec~tt Descri tion and Le al Descri~ 2. The proposed development is not in an area designated as an Area of Critical state Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The development (does/does not) unreasonably interfere with the achievement of the objectives of an adopted state land deyelopment plan applicable to the area. 4. The development (is/is not) consistent with the local .land development regulations. 5. The development (is/is not) consistent with the report, and recommendations of the Southwest Florida Regional planning council submitted pursuant to Subsection 380.06111), Florida Statutes. CONCLUSIONS OF MW · . NOW, THEREFORE, BE IT ~$OL~D BY THE (local governing ~dy). OF (local ~overnment), in p~lic meet~g, duly constituted and asse~led (date of public hearing), that the Develo~ent of Regional Imt~ot Application for Develop~nt Approval suk~nitted by (applicant's ' n~=)', is hereby ordered (Approved/~nied/Approved s~ject to the following conditions, restrictions, and limitations): (INSERT THE APPROPRIA~ CONDITIONS) BE IT FURTHER RESOLVED, by the (local ~overnin~ body) of (local government) , that: 1. Ail commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supple- mental documents that are not in conflict with conditions or stipula- tions specifically enuanerated above are hereby adopted to this Develop- ment Order by reference. 2. The (title of local official) shall be the local official responsible for assuring compliance with this Development Order. 3. This Development Order shall remain in effect for a period ~f (# of ~ears) from the date of its rendition. In the event that significant physical development has not commenced within this time period, development approval will terminate and this development.order shall no longer be effective. For purposes of this requirement, "sig- nificant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installa'tion of utilities and facilities such as sewer and water lines. 4. The applicant or their successor(s) in title to the subject property shall submit a report annually, commencing one year from the CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE (local governin~ bodyk OF (local ~overnment), in public meeting, duly constituted and assembled (date of public hearing~, that the Development of Regional Impact Application for Development Approval submitted by (applicant's name~, is hereby ordered (Approved/Denied/Approved subject to the following conditions, restrictions, and limitations): (INSERT THE APPROPRIATE CONDITIONS) BE IT FURTHER RESOLVED, by the (local ~overnin~ body__)of (local ~overnment) , that: 1. All coramitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supple- mental documents that are not in conflict with conditions or stipula- tions specifically enumerated above are hereby adopted to this Develop- ment Order by reference. 2. The (title of local official) shall be the local official responsible for assuring compliance with this Development Order. 3. This Develop~nt Order shall remain in effect for a period of (~ of ~ears.). from the date of its rendition. In the event that significant physical development h-as not commenced within this time period, development approval will terminate and this development.order shall no longer be effective. For purposes of this requirement, "sig- nificant physical development" does not include roads, drainage or landscaping but does include construction of buildings or ins~alla'tion of utilities and facilities such as sewer and water lines. to the subject 4. The applicant or their successor(s) in title property shall Submit a report annually, commencing one year from the III-2 eff6ctive dare of this development order, tc the (~.~al.~over&in~ .body), the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B-16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection' 90.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the (local governing body), after due notice and hearing, that one or more of the following is present; a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved develop- ment plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which werm not evaluated in the review by the Southwest Florida Regional Plannlng Council; or b. An expiration of the period of effectiveness of this development order as provided herein. upon a finding that either of the above is present, the (local governing body.), shall order a termination of all development activity until such time as a new DRI Applioation for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local-or state per- ~,.i~ting procedures .... DULY PASSED AND ADOPTED THIS DAY OF , · (local government) (Notary Public) III-3 effective date of this development order, to the {local 9overnin~ ~d_~,'the Southwest Florida Regional planning Council, and the Department of CO~%munity Affairs. This report will contain the information required in Section 9B-16.25, Florida Administrative Co~e. Failure to submit the annual report shall be governed by Subsection 3S0.06(16), Florida Statutes. 5. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida statutes, unless it is found by the (local ~overnin~ body), after due notice and hearing, that one or more o~ the following is present; a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved develop- ment plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which wer~ not evaluated in the review by the Southwest Florida Regional Planning council; or b. An expiration of the period of effectiveness of this development order as provided herein. upon a finding that either of the above is present, the (loca____~l shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local or state per- mitting procedures. DAY OF --' ~' DULY pASSED AND ADOPTED THIS _____ ~local government) ~No~ary public) III-3 10z18/02 15:01 FAX 9416438968 COLLIER CO COM]fl_~'ITY DEY ~001 COLLII PLANNING SERVItF'g_.q DEPARTME_._h FAX: (941) 643:3266 Date: October 718, 2002 Thne: 3-~30 Fax Numbe~: 774-4010 To: JJan Mudd,.County Manager Firm/Depaxt.~ent: FROM Name: l~y Bellows, CtUef Plann~ Section: Co_trent Plann~g Telephone; 941-403-2400 Total Pages Including Cover Sheet: ~) Specia] In~orl: Re: Lely Resort In response to your request for i_rfformation on ~.he Cultural Center and any required 6- lane improvements, ! am sending you a copy of the Land Use Table and the Transportation Commitments. The PUD indic~tes that ~e Cultural Cemer is approved for 1850 seats on approximately 50 acres. There is no specific time requirement for this fadlity to be built that I can find' at this time. In addition, the Transportation Commitment.~ do not indicate any requirement to 6 iane any County Road. ! will check with the Transportation staff to ~ee if they have a~y additional information. Please note ~at the Developn'~mt Order document was checked out. Once I track dow-n that file, I will check to see if tim DC) ~es any &lane improvement. If you have any questions, please do not hesitate to ask. Cc:. ~ Murray 10/18/02 18:01 F,~ 9416436968 COLLIER CO COi{kqJNITY DE¥ ~002 COHHERC IAL APPROXI.~ATE UNITS SQ. FT. ACREAGB _ $YMBO~ DESCRIPTION , , . .... R Re. [dent [al 10,150 - 1 ; _ 380 000 i C-1 Commecc~a~/CommunLcy ' ~ C-2 Comme~c~a[/P ~o[es s iota [ - 160,000 C-3 Commecc {al/~le i ghbo r~ood - 280 ,COO 30 GC GoLf Course- 3~ ~8 holes - _ 50 EC Edison College-Z~00 students - _ ul:utaI Centef-~8~0 seacLng - ~_ RC Resor: Cen:e~ 350 cooms 315,000 CO Conserva: ion/Open Space PR Cypress Preserve _ 3I~ L Lake PS park aBd Elementary School - _ - Major CoLlector - - Minor Co[~eccor - _ 30 - Local Roa~ - TOTAL DEVELOPMENT 10,150 [,135,000 2,892.* NOTE *l: Approximately 236 acree of lake ere shown on :he ?~n~c~ Plan. The additional 7& acres of lake will 5e included ~equ[red ~{chi~ ~he Lelw Commun[:v. 2-7 10/18/02 16:01 FAX 9416436968 COLLIER CO COlllIA'I~ DE¥ ~003 . . . \ PURPOSE The purpose o[ th£s Section is to se~ ~orch the i~ for the areas designated on Exhibit 'R', Master Land Use Plan, as 'CC'. 8~02 PERMITTED USES AND STRUCTURES: No bui~din$ or s[rucEure or part thereof, s½all be erected, alCered or used, or land or ~aEer used, in vhole or ~or ocher ~han the [cllcwin~ A) Permitted Principal Uses and $~ructures All uses normally associated ~i~h a uulcurai cen~er includin§ but nos !Smiled c~: 1) Per~ormin§ Arcs Cen~er, Thea~e:~ Audi[orium, Amphi- theatre, Art Galleries, Museums, Library, Educational f~cilities, other uses o! similar nature. 2) Wa~er Management facilities and essential services. B) Permitted Accessory Usm and 5~ruc£ures: 1] Accessory uses customarily associated ~ith ~:- principa~ uses permitted in chis dis:tic:. 2) CareCaker' s ces idenae. 3) ~ecreationa~ 4) Offices, gif: ~hop~, res:auranc~. 8.03 DEVELOPMENT STANDARDS I) Minimum $i~e Area: AS approved under Section 2.04 Minimum S£=e ~idth: AS approved under Sec.cion Minimum Yard 50' ~rom al! 'CC' :rat= bound~rles for ?r'in¢ipa[ s~uC~ures. ~0' from lake banks &) Heximum height: i00' 10,,'18,/02 16:01 FAX 9416436968 COLLIER CO COKh'UNITY DE¥ [~004 5) Minimum Floor Area o[ Principal Structures: One thousand (lO00) square ~aeC per build{nS on the habitable ~loor. 6) Distance he,wren pr~nc~pa~ s~ruc~ures: I/2 ~he of the bui~d~n~ he'shes o~ 30' , vhicheve~ 7) ~ini~um s~a~da~ds ~or si~s, park~ [[gh~'iG~, a~d ~audscap~u~ sha~[ be ~n conformance ~{th applicable Collier County regulations in e[[ac~ a~ [he ~ime p~rmi~s are sou~h~. 8) Lighting ~ac~Lic~es shall be arranged in ~a manner vh~ch w[~[ pro~ecc roadways a~d ~e~ghbor[n~ properties from direct glare or o~her interference. 9) Pr{o~ co [rac~[ona%[zac[on, a site plau. for shall be approve~ ia accordance ~i~h Section 10/18/02 16:0l 1416436968 COLLZER CO CO~NUNITY D£¥ ~005 C. TRAI~SPORTATZON - o '. ' ' I) Lely. a ~e'so,c ~ommunzC7, snail c,ommiC Co contributing pro-rata or fair shar~ contribution Co the coats of ~ zov~g ~oca~ Cran~por~a~o~ [ac~[~ie~, ~e~ such improvements are de~med ~o be nac~ssarT, based on Lely . ~e~or~ Commuu[zy~ s proportionate impact on such . [acillries, as parc of an area v~de funding prosram, ' ' including, bu~ uoc limited ~o, impact fees, special disLr~ccs, etc. Any donations, dedications, or ocher re- ~ qu[r~d concribu[[ona made by cbs project sponsors co · ~ ' County~s Transportation ~ac[[[~es shall be credite~ ~ovards [u~ure proportional share as sessmen~s [ev~ed : against the project, except for right-of-way dedlcac[o~s 2) Provision o~ a bicycle/pedestrian sysce~ connecting a~l [and uses, tO Be placed along all major and minor collectors ~ithin the pro,acc. This system ts ~o be 3) Unless four laning has been comple~e~ or ts above -- be~En, ~he deve[ope~ shaft p~ovide separate let[ and turn lanes ac all accesses along Rattlesnake '~ammock Road The develope~ shat[ provide a fair share toward the capital co~t of traffic signals at accesses Co Rat=l~snake Hammock Road, Is~e~ of Gapri Road aud Tamiami Trail when ~eemed warranted by ~he County Knginesr. The signals shall be owned, operated and maintained by Co~lier County. .~ 5) Th~ developer shall bear the full cosg of al! traffic ~ignals which ma~ become needed ac ~he intersec~ion~ 6) The developer shall provide cr c~[mburse ch~ County for side~a[k/b~kepachs a~on~ all perimeter road~ co be Co correspond ~[ch ~he development pha~s aad [ucure road v~de~ing plans, unless such [m~rovemeut~ are [~corpocaced [uCO design plans a~d/or a[terna:Lve ~und~ng me,hods are available, such as road impact fees. 7) The developer shall provide ar~er[a[ Level street a~ aL~ accesses, ihe opera~Le~ and ma[ncenane costs of ' :~eSe u~[:S w~[1 be assu~ed b~ che County a: such t[me as i~veLved. 10/18/02 16:02 FAX 9416436965 COLLIER CO CO~Lq.~ITY DE¥ ~006 2uu2 8) The developnr shelf ded£caCe I7.5 ~eet of risht-o£-vay along the south side of Rattlesnake E&mmock side of Isles oi Capci Road for fugues roadway ~ideni~g. ~his shall be done at the convenience og :he developer or when requested by the County, ~hichever occurs 9) The County Ttanspor£aCion Department and the developer shall reach agreement cegardiag alignmen£s and intersection configura£ions aC che Clm~ of re-ezamina£1on. Long-range plaun£n§ needs of =he Coun=y, D. ~ATER MANAGEMENT 1) Detailed wa=er management cons=ruction plans shall be sub- minced for approva~ ~o ~he Coun=y Engineering pT~or to commencemen~ oi construction. 2) Surface ~a=er ~anagemen: ~arm£cs shall be ob~a£ued fro~ £he South Florida ~a~er Hana§e~en~ Dis~r~c~ prior ~o ~he com~encemen~ of $) The ~eter mamagemen~ for ~he Lely Eesor~ Commu~i~ s~all implement rater quality "best managemen~ practices" to ~he exten~ possible, 4) The follovi~g ~ype~ cf developmen~ ~£11 p=ov£de on-si~e va~er m~nagemen~ ~ys~ems ~ c~ain the volume produced by either the flrs~ inch of runoff or ~he 3-year, 1-hour storm even~, whichever is grea~er: resident/al uses excep[ types 1, 2, and 3 (See Table I?A),C-1, C-l, and develop~en~ parcels, EC, CC, RC, and ?$ developmen£ parcels. $) ~a£er Mana§emen~ Advisory Board s~£pula:io~s: a. Detailed site drainate plans s~all be submicced ~c ~he ~Cer Mana~e=eu~ advisory Board [or ~evi~w on a phase basis as outlined in ~he DRI. NO construction permits shall be issued unless and un£il approval o[ proposed construction in accordance rich c'he sub=i~Ced ptans is granted by the ~MAB. 14-& COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 November 22, 2002 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Kramer 992 Plymouth Rock Ddve Naples, FL 34110 Re: Public Petition Request to Discuss Procedure for Ascendancy to the Chairmanship of the Board of Collier County Commissioners Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 3, 2002, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb ~, cc: David Weigel, County Attorney Mov 19 O~ 02:43p RemapKRJ~ROL 941643?6?9 Quote -"We must adjust to changing times and still hold to unchanging principles." - Jimmy Carter .. 6. PUBLIC PETITION December 3,2002 Procedure for ascendancy to the chairmanship of the Board of Collier ~ County Commissioners Respectfully, Jim Kramer 992 Plymouth Rock Naples FL 34110 239.450.2771 remarKRJ~aol.com EXECUTIVE SUMMARY VA-2002-AR-2909, CRAIG J. PAJER, P.E., OF AEC NATIONAL, INC., REPRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FACILITIES MANAGEMENT DEPARTMENT, REQUESTING APPROVAL OF A 34-FOOT VARIANCE IN THE PUBLIC USE DISTRICT (P) FROM THE REQUIRED 35-FOOT MAXIMUM HEIGHT LIMITATION TO 69-FEET, IN ORDER TO CONSTRUCT A 5-STORY PARKING GARAGE ON PROPERTY LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER ADJACENT TO BUILDING "J" 3:301 EAST TAMIAMI TRAIL, SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25, COLLIER COUNTY, FLORIDA. COMPANION ITEM: VA-O2-AR-2908 OBJECTIVE: To have the Board of County Commissioners approve a 34-foot variance from the maximum allowable height of 35-feet to allow the construction of a 69-foot high parking garage to accommodate 432 automobiles adjacent to the Naples Jail Center. CONSIDERATIONS: The petitioner wishes to construct a 5-story parking garage with future expansion to 8-stories. The approved Government Center master plan and Development of Regional Impact (DRI) specify the construction of three separate parking garage structures to accommodate the future parking required for the complex. This proposed garage is the first of three structures to be built. The proposed garage is adjacent to and immediately north east of the Jail Center, Building "J" at the Government Center. The Collier County Government Center site is developed with a variety of government offices including the Sheriffs Jail facility that is located in Building "J". The property is zoned "P" Public Use and is also a Development of Regional Impact. The subject project is consistent with the Future Land Use Element of the Growth Management Plan and Land Development Regulations. The petitioner held a Public Information Meeting on July 9, 2002, for the conditional use permit. A public meeting for a variance is not required however, the height of the parking garage was discussed at that meeting. AGENDA ITE~ ~.~ DEC 0 3 2002 FISCAL IMPACT: Approval of this vadance will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject property lies within the Mixed Use Activity Center designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Activity Centers are intended to be mixed-use in character. This land use classification provides for commercial types of land uses, essential services, governmental facilities, (including jails), and mixed-use residential and institutional type of land uses. Approval of this variance request will not affect or change the projects consistency with the requirements of the GMP. ENVIRONMENTAL ISSUES: The site of the proposed expansion has been previously developed, so an environmental impact statement was not required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: '-' The Environmental Advisory Council (EAC) does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard the petition on November 7, 2002 and unanimously recommended approval by a vote of 6 to 0. Four individuals from the public spoke in opposition to the height of the proposed buildings, therefore this petition is not eligible for the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Therefore, Current Planning staff recommended that the CCPC forward Petition VA-02-AR- 2909 to the BZA with a recommendation of APPROVAL, subject to the conditions outlined in the attached resolution. AGENDA I1T:J~/9 DEC 0 3 2002 P~. PRE~I~ ~ ED B:: ~IALD A~. SC'~I~IE)'~"R"'- DATE PRINCIPAL P~ER REVIEWED BY: /~USAN MURRAY, AICP ! DATE PLANNING MANAGER MARGARET ~UERSTLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHM'ITT . D/~TE ' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR VA-2002-AR-2909 AGEI~A ITEM DEC 0 3 2002 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 21,2002 SUBJECT: PETITION NUMBER: VA-02-AR-2909, COLLIER COUNTY GOVERNMENT CENTER PARKING GARAGE, COMPANION ITEMS - VA-02-AR-2908 & CU-02-AR-2759 AGENT/APPLICANT: AGENT: Craig J. Pajer, P.E. AEC National, Inc. 5150 Tamiami Trail North Suite 600 Naples, FL 34103 APPLICANT: Collier County Board of County Commissioners Facilities Management Department Building W 3301 East Tamiami Trail Naples, FL 34112 AGENDA ITEMA DE[ 0 3 2002 pg..~ · REQUESTED ACTION' The Petitioner is requesting a 34-foot variance in the "P" Public Use zoning dis*,rict from the 35-foot maximum height limitation to 69-feet in order to allow a 5-story parking garage. GEOGRAPHIC LOCATION: The subject prOperty is located adjacent to the Collier County GovernmE ~t Cent(~ Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25 East. (See page 4). PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to construct a 5-story parking garage with future expansion to 8- stories. The approved Government Center master plan and Development of Regional Impact (DRI) specify the construction of three separate parking garage structures to accommodate the future parking required for the complex. This proposed garage is the first of three structures to be built. The proposed garage is adjacent to and immediately north east of the Jail Center, Building "J" at the Government Center. (See Attachment "A"). The addition of the parking garage is needed to facilitate staff, visitors and general parking requirements of the Government Center. The structure will be required to meet all other required yard setbacks. The Public Use (P) zoning district restricts height to the most restrictive adjoining district within 100 feet. The most restrictive district within 100 feet of the proposed development is the Heavy Commercial (C-5) with a maximum height of 35 feet. GROVVTH MANAGEMENT PLAN CONSISTENCY: The site is designated as -"Urban Commercial District, Mixed Use Activity Center Subdistrict #16" on the Future Land Use Map (FLUM) of the Growth Management Plan and is located within the "Bayshore/Gateway Triangle Redevelopment Overlay" (See Attachment "C"). This land use category is described in the Future Land Use Element as follows: Mixed Use Activity Centers are intended to be mixed-use in character. .... The actUal mix of the various lanO uses - which may include the jul/array of commercial uses, residential uses, institutional uses, hotel/mote/uses at a density consistent with the Land Development Code. AGENOA ITEM ~,~ DEC 0 3 2002 pg. ,0~ Therefore, an assessment of the proposed land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan. LAND USE AND ZONING (See Attachment B): Existing Conditions of site: Existing parking area and open space of developed jail site to be redeveloped for parking structure adjacent to Building "J" Naples Jail Center Immediately Abutting The Subject Site of the Proposed Facility: North - Parking and the Juvenile Detention Center East - Loop roadway and parking for Building "H" South - Lake (water retention facility) West - Existing Jail Center DEC 0 3 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, a Historical/Archaeological Survey and Assessment or waiver is not required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if during 'the course of site clea, i,~g, excavation or other construction activity an historic or archaeological artifact is ;found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. AC-i~I~ A ITEM DEC 0 3 2002 4 EVALUATION FOR' IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to 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: a. 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 Board of County Commissioners (BCC) has determined that the government complex is the primary site for conducting county business. Additionally, the BCC approved the government complex master plan and Development of Regional Impact (DRI). The Development Order was adopted by the BCC at their regular meeting November 28, 2000, Resolution 2000- 443/Development Order 2000-05. The master plan and DRI specify the construction of three parking garages to accommodate the parking required for the complex. This variance application supports the first planned and approved parking garage. The proposed parking garage is internal to the 55-acre Government complex and not abutting any property line. b. 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 proposed garage is adjacent to the jail facility that has been located at the Collier County Government Center since 1985. In the mid 1970's the Government Center complex was designated Commercial Convenience District (C-2), which had no maximum height restriction. Dudng the 1970's the tallest buildings were developed in the complex, Building "F" which rises to 8 stories high and the courthouse, at 6 stories. On October 30, 1991 the Land Development Code (LDC) was adopted providing the Government Complex the current zoning designation of Public use district (P). The Public use district height limitations are AGENDA I_TE.M,~. DEC 0 3 2002 5 defined as: maximizing heigl;. ~. ~h.? i~; igh~ of' the r,~ost restrictive adjoining district within 100 fee[ of such (;;~triuL Ti~ ,'n~st ,~sirictk.~ adjoir!ing district is the Heavy Commercial (C-5) with a height limit of 35 feet. The Fublic use distdct zoning designation has created a situation where building "F" and the Courthouse are now considered "legal nonconforming" buildings due to their height being in excess of 35 feet. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applica~,t or create practical difficulties for the applicant? Yes. A literal interpretation of the provisions of the zoning code would prevent the construction of an adequate facility that is intended to provide the required number of parking spaces for the Government Center. Without the parking garage it would not be possible to construct the addition to the jail facility and other future Government Center building additions. Additionally, the Collier County Board of County Commissioners has approved the government complex master plan that provides for this facility. The Southwest Florida P,egional Planning Council and the BCC have also approved the Development of P,egional Impact (DP,I # 12-9900- 151), for the Collier County Government Center, wherein the jail detention center was exempt from DP,I review. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is the minimum required to provide the necessary parking structure to comply with the DP, I, Master Plan and to meet the purpose and intent of the zoning district. 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? No. Granting of the variance will not confer on the petitioner any special privilege. There exist within the Government Center other buildings with greater heights. 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? DEC 0 3 200; Yes. Granting of the variance will be harmony with the general intent and purpose of the Land Development Code The nearest residents are located to the north of jail center 400 feet and to the east 450 feet. Granting of the vadance will not be injudous to the neighborhood, as the subject project is an expansion of a seventeen year-old existing facility. The nearest residents are buffered from the site by landscaping, the existing lake and other govemment buildings that block the visual contact. Granting of the variance will not be detrimental to the public welfare, as the parking garage will eliminate the need for acres of paved surface area to accommodate the parking requirements. The proposed parking garage will concentrate parking activity in a vertical plane while obscuring from view impound areas controlled by the Sheriff's Department. See attachment "D", view looking west to proposed parking garage site. See attachment "E", view to the northeast of proposed parking garage site. See attachment "F", aerial view of site. g. 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. There is an existing storm water management lake located east of the existing jail. The lake functions as a buffer providing visual relief for areas that lie to the south and east of the subject site. h. 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. PUBLIC INPUT: As of the date this staff report was prepared (October 21, 2002) two letters in opposition to this petition have been received. See attachments "G" & "H". PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of '7 I0 _ this variance. Therefore, ,~l,_.~[:n~r'g ~er';,.ces st~.~ recommends that the CCPC forward Petition VA-02-AR-290~ to ~h~ ~ZA vvitl~, ~ ,'ecoa...mendat.;on of APPROVAL. CU2002AR2909102102 DEC 0 3 2002 8 PREPARED BY: /©~ 0 ~-0 ~-- DATE REVIEWED BY: C~~ARX_~.~ Cff~q ~'X.C.~., ~-3 - O N MURRA'tz,/[ICP vr DATE ENT PLANNING MANAGER MARGARET)V~'UERSTLE, AICP DATE DIRECTOR, ~LANNING SERVICES DEPARTMENT APPROVED BY: N ISTRATOR DATE~ / TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ;oilier County Planning Commission: KENNETH L. ABERNATH'¢, CHAIRMAN DATE Staff report for the.l;;m~obe'r'~, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the~, 2002 Board of County Commissioners Meeting. Attachments: A. Location/Site Map B. Reduced Copy Zoning Map DEC 0 3 2002 PROPOSED NAPLES ,JAIL C~N1T_R '/T'ITTfT1./ eu~w~~, 'u' / IIl~lillllil RECEIVE~ Octol3er.7,...20uz Collier.COunty P!anning Commission . .. County Government Center 3301 E. Tamiami Trail Naples, Fl 34112 Ladies & Gentlemen, As a resident of the Glades Country Club I wish to protest the granting ora variance to county zoning codes in order to build an addition to the county jail. In addition to the variance for the jail addition, the last communication from the Planning commission also cites a request for an additional variance of 110 feet for a parking garage at the Naples Jail Center. I feel that if variances of this magnitude are granted to the public sector the county will be starting an extremely bad policy. Every commercial, private enterprise will point to these variances and question why they too cannot change the codes to suit their plans. We all know of the efforts in the City. of Naples to bypass building~height codes and how the city stood firm by not allowing these rules to be decimated. Please don't let variances get a toehold. It will escalate. 14 JoC~'-an A. McKitchen ~:: 336 Palm Dr. g4 · Naples, Fl 34112 AGENDA DEC 0 3 2002 VA-2002-AR-2909 Collier County Jail Expansion Attachment "G" The goose and the gander Editor, Naples Daily News: There is a formal request for a variance of 75 feet to build a 1 lO-foot parking garage in the Collier County Government Center; the present limit is 35 feet in this zoning district. I urge the county commissioners to reject this proposal. First, if we open the door, by approving this variance for the public sector how can we justifiably close it to the private sector? Second, when a request for a variance exceeds the legal limit by over 200 percent, are there really any standards to begin with? There are many reasonable questions which must be answered before construction is approved, but the first thing to do is to reject this request for a variance. If you approve this variance, you will have opened Pandora's box, and one of the ugly things which will jump out is a heated confrontation between the public and private sectors and the implicit growth factor. All of this unpleasant and unnecessary discussion can be avoided by more courageous and thoughtful planning. -- Jim WhalenlNaples AGENO~ITE~ DEC 0 3 2002 VA-2002-AR-2909 Collier County Jail Expansion Attachment "H" VA-2002-AR-2909 PROJECT #2002020051 DATE: 7/31/02 RAY BELLOWS VARIANCE PETITION (VAP&A' TCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: July 25, 2002 Commission Distr/ct: 1 Planner Assigned: Ray Bellows ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Collier County Board of County Commissioners Petitioner's Address: Facilities Management Department, Building %7~ 3301 East Tamiami Trail~ Naples FL 34112 Telephone: (239) 774-8380 Fax#: (239) 793-3795 E-Mail Address: JackCrognale(~colliergov.net Agent's Name: Craig J. Pajer~ P.E. of AEC National, Inc. Agent's Address: 5150 Tamiami Trail North, Suite 600, Naples FL 34103 Telephone: (239) 263-3700 Fax~/: (239) 263-9117 E-Mail Address: Pajer~aecnational.com Variance Petition regarding Naples Jail Center Parking Garage DEC 0 3 2002 Application for Variance Petition - 6/24/02 Page 1 of COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE -NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: There are no Homeowner Associations associated with this petition. Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address CiD' State ~ Zip Name of Master Association: Not Applicable Mailing Address City State ~ Zip Name of Civic Association: Not Applicable Mailing Address City State Zip. PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: N/A Unit N/A Lot (s). N/A Block (s) N/A Section 12 Twp. SOS Range 25E Property I.D. # 00389600008 ' Acreage Number: 55 0 3 2002 Metes & Bounds Description: Parcel 3 of 12-50-25 [ P~,. ~7~,,~ __ [-age ~ ol '! Application for Variance Petition - 6/24/02 Address of Subject Property: Building W, 3301 East Tamiami Trail, Naples FL 3411 :~ (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Current Zoning is P - Public Use Land use is jail and government offices. Adjacent' Zoning & Land Use: zomN LAND us£ North C-3 United Methodist Church, church C--4 Devoe Pontiac, automobile dealership PUD Heron Park Apartments, multi-family housing RMF-6 The Glades CC Apartments g4~ multi-family housing South C-3 Bail Bond Building, commercial PUD Courthouse Shadows PUD, Strip shopping center East RMF-16 Glades Country. Club, multi-family housing C-5 Wal-Mart Store, commercial department store West C-3 Miscellaneous commercial, mixed office and retail Minimum Yard Requirements for Subject Propert?': Front: * Comer Lot: Yes [~ No [~ Side: * Waterfront Lot: Yes ['-] No [5~ Rear: * '* The yard requirements of the most restrictive adjoining district apply to all portions of the site within 100 feet of the adjoining district. Nature of Petition Application for Variance Petition - 6/24/02 Page 3 of 7 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. This request is to increase the maximum height to 110 feet for the addition to the Naples Jail Center. This variance is required for the 5-story construction and future expansion to eight stories of a parking ~arage for the Naples Jail Center. Present Public Usc District (P) zoning limits the height to "the height of the most restrictive adjoining district within 100 feet of the district. At this location the most restrictive adjoining district within 100 feet is C-5 (Wal-Mart Store) which has a height limit of 35 feet. This request. of 110 feet is 75 feet greater than that allowed in the district. The height limit of adjacen! zoning is 50 feet for C-3, 75 feet for C-4~ three habitable floors for RMF-6~ and 75 feet for RMF-16. The property, was acquired when the County seat was transferred from Everglades Cit~~ to East Naples in 1962. The variance for the parkin~ ~arage is needed to accommodate the staff~ inmates and visitors required for the inmates processed by the sheriff's office. Application for Variance Petition - 6/24/02 Page 4 of 7 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1, i. Are there special conditions and circumstauces exisdng which arc peculiar to the location, size and characteristics of the land, structure, or building involved. The site has been determined by the Board of County Commissioners as the primary. government complex for conducting county business. In 2000, a master plan of the gover__nment complex was approved by the Board of County Commissioners. A '. Development of Regional Impact (I)RI) was submitted to and approved by the Southwest Florida Regional Planning Council. The DRI was also approved by the Collier County Board of County Commissioners. The master plan and DRI called for the construction of three parking garages to accommodate the parking required for the complex. This project is the construction of the first planned and approved parking garage. Parking garages are required to efficiently park vehicles in a concentrated area of governmental activity'. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes~ there are special circumstances. This site has been the Collier Countw Government Center for manx' years. There were no height restrictions until the Collier County Land Development Code (LDC) was adopted on October 30~ 1991. 3. Will a literal interpretation of the provisions of this zoning code work urmecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes~ a hardship will develop in Collier County being prohibited from developing their master plan as contained in the property's approved DRI. Aiso~ the sheriff needs more capacity in the jail to house an increasinl~ number of inmates. The iail facility requires the additional parking as stipulated in the Collier County Land Development Code. 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. Yes. 5. Will granting the variance requested confer on the petitioner any specia denied by these zoning regulations to other lands, buildings, or stmctur{ g in ~ same 7 zoning district. DEC 0 3 20O2 No. Application for Variance Petition - 6/24/02 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. Yes. Most of the adjacent land was developed prior to the adoption of the Land Development Code which changed the height restriction's on this property. Thc existing jail will be located at this site regardless of this approval. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. There is an existing stormwater management lake located south of the proposed parkinl~ i~ara~e. Improvements will be made to the bank slope of the lake in order to be in compliance with the South Florida Water Management District permit. s. Will granting the variance be consistent with the growth management plan. Yes. The growth management plan anticipated this site as a government complex. AGENDA Lw~. ~ DEC 0 2002 Application for Variance Petition - 6/24/02 Page 6 of 7 VARIANCE PE ~l i ~i ION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET~ RE UIR EMENTS # or COPIES REQUIRED 1. Completed Application 15 ,~ 2. Completed Owner/Agent Affidavit, Notarized 1 v/ 3. Pre-application notes/minutes 15 ,~ 4. Survey of properW, showing the encroachment 1 ,/ (measured in feet) 5. Site Plan depicting the following: 15 ,/ a) All properW 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 v~ reference 7. Pre-Application fee, Application fee and Data _ Conversion fee, checks shall be made payable to Collier Count' 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 alt necessary submittal information may result in the delay of processing of this petition. ~Ag~t Signature Dal DEC 0 3 2002 Application for Variance Petition - 6/24/02 Page ? of ? RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR-2909 FOR A HEIGHT VARIANCE FROM THE REQLrlRED 35 FEET TO 69 FEET 1N A PUBLIC USE ZONE LOCATED ll'q SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COl .! .1F.R COUNTY, FLORIDA. WHrzREAS, the Legislature of thc State of Florida in Chapter 125, Florida Statutes, has such busine~ regulations as are n~____,~-~ry for the protection of the public; and WHEREAS, the County pursuant thereto has adopted n Land Development Code (Ordinance No. 91-102) which estnblisha~ regulations tot the zoning of particular geographic divisions of the County, among which is the gnmting of variances', and WHERFAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing afler notice as in said regulations made and provided, and has considered the advisability of a 34--foot variance/rom the required 35 foot m~ximum height limit to 69 feet as shown on the attached plot plan, Exhibit "A", in a "P" Public Use Zone for the property hereinafter described, and has found as a mauer of fact that satisfacwry 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 oppormmty to be heard by this Board in public meeting assembled, and the Board having considered all maUcrs presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2909 filed by Craig J. Pajer, P.E., of AEC National Inc., ~presenting the Collier County Board of County Commissioners, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 34--foot variance from the required maximum height limit of 35 feet to 69 feet as shown on the attached plot plan, Exhibit "A", of the "P" Public Use Zoning District wberein said propcrty is located, subject to the following conditions: Exhibit "C" BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2909 be recorded in the minutes of this Board. AGENDA ITEIVI DEC 0 3 2002 This Resolution adopted ~ motion, second and majorit~ vote. Done this day of ,2002, ATTEST: BO.~kP,.D O-' ~'ONING APPE~kLS DWIGHT E. BROCK, CLERK JAMES N. COLETTA, CH~II~_MAN Approved as to Form ~nd ~ Sufficiency: AssisUmt County AUomey DEC 0 3 2002 PROPOSED NAPLES JAIL CENTER I.LL]-LLLI/-UJ~ TllTrrlll/ LAKE BUILDING 'J' ITFTllTF[I~ ... BUILDING 'J' NEW ADDITION DOB ,,.',. 0 EXHIBIT "A" VA-02-AR-2909 , m ~,.~ lin,m-, ~ 981 ~--O04JKN4 j -,,, .,~ j PARKHG GAI~GE BYPA88 RD 'i' 3 '":~,,, o, ~...~' ------..~ ~ ~m.e~ e'~c oB/07/O2 PKGAR3 CONDITIONS OF APPROVAL -- VA..02-AR-2909 a) This vadance is for the additional height permitted by this resolution. Any other departure from the dimensional standards of this code shall require a separate variance. b) Pursuant to Section 1.8.10 of the Land Development Code, should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed except in conformity with provisions of this zoning code. c) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, dudng the course of site clearing, excavation or other construction _ activity an histodc or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EXHI BIT "C" v,~-o2-~a.-29oo N~.~,~~ DEC 0 3 2002 EXECUTIVE SUMMARY CU-2002-AR-2759, CRAIG J. PAJER, P.E., OF AEC NATIONAL, INC., REPRESENTING COLLIER 'COUN'I'Y BOARD OF COUNTY COMMISSIONERS FACILITIES MANAGEMENT DEPARTMENT, REQUESTING APPROVAL OF A CONDITIONAL USE "3" (DETENTION FACILITIES AND JAILS) IN THE PUBLIC USE DISTRICT (P) IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING NAPLES JAIL CENTER ON PROPERTY LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER BUILDING "J" 330'1 EAST TAMIAMI TRAIL, SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25, COL' ,IER COUNTY, FLORIDA. COMPANION ITEM: VA-02-AR-2908 OBJECTIVE: To have the Board of County Commissioners approve Conditional Use #3 Detention facilities and jails, of the Public Use zoning district. This request is consistent with the Collier County Growth Management Plan and Land Development Code. CONSIDERATIONS: The petitioner wishes to construct a three-story 140,079 sq. ft. addition to the Naples Jail Center, Building "J" at the Collier County Government Center. The expansion is needed to facilitate inmate processing and housing that will safely accommodate the proposed 512 additional inmates. The Collier County Government Center site is developed with a variety of government offices including the Sheriff's Jail facility that is located in Building "J". The property is zoned "P" Public Use and is also a Development of Regional Impact. The subject project is consistent with the Future Land Use Element of the Growth Management Plan and Land Development Regulations. The petitioner held a Public Information Meeting on July 9, 2002. At the public meeting, property owners from the nearby Glades Country Club expressed concern over the height of the proposed buildings. FISCAL IMPACT: 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 DEC 0 3 2002 public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: Naples Jail Expansion: · Road Impact Fee: $653.00/bed $156,720.00 · EMS Impact Fee: $77.00/bed $ 18,480.00 · Jail n/a $ 0.00 · Fire Impact Fee: $0.30 per square foot under roof $ 42,023.70 · Water pending · Sewer pending Total (not including water or sewer) $217,223.70 The estimated total amount of impact fees (not including water or sewer) for the proposed facilities is $217,223.70. The correctional Facilities impact Fee fund presently has a cash balance of $564,124.59, funded primarily by prior year impact fee receipts. An additional $2,000,000.00 in Correctional Facilities Impact Fees is projected to be received by the end of this fiscal year. GROWTH MANAGEMENT IMPACT: The subject property lies within the Mixed Use Activity Center designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Activity Centers are intended to be mixed-use in character. This land use classification provides for commercial types of land uses, essential services, governmental facilities, (including jails), and mixed-use residential and institutional type of land uses. Since detention facilities and jails are also recognized as a Conditional Use of land in Public Use districts (P), this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site of the proposed expansion has been previously developed, so an Environmental Impact Statement (ELS) was not required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Because the site has been previously developed, the Environmental Advisory Council was not required to hear this petition. DEC 0 3 2002 PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard the petition on November 7, 2002 and unanimously recommended approval (6 to 0), with the condition of providing traffic mitigation measures of right-in right-out directional movements to the Government Center at the Harrison Road and Palm Drive intersection. Four individuals from the public spoke in opposition to the height of the proposed buildings, therefore this petition is not eligible for the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: The proposed conditional use is consi :tent with the applicable provisions of the Growth Management Plan and Land Develol: ~ent Code. Therefore, Planning Services staff recommended that the CCPC forward this petition CU-2002-AR-2759 to the Board of Zoning Appeals with a recommendation of approval subject to the conditions outlined in the attached resolution. AC~.NOA ITEM DEC 0 3 2002 PREPARED BY: bO~ALD A. sCH~EIDE~ DATE PRINCIPAL PDANNER REVIEWED BY: iI.I$.0Z-- ,4.'.'.'.'.'.'.'.'.~~ ~ _..~__.~g4~ DATE SUSA PLANNING MANAGER MARGARET WUERSTLE, AIC DATE PLANNING SERVICES DIRECTOR APPROVED BY: .,, /~.~..~_~-,. .. DATE/ JOSEPH K. SCHMll f ,~/C~)MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR CU-2002-AR-2759 "" I BEg 0 3 2002 4 P~. ~'~ " AGENDA ITEM 8-1 MEMORANDUM TO' COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: }CTOBER 21,2002 SUBJECT: PETITION NUMBER: CU-02-AR-2759, NAPLES JAIL CENTER EXPANSION, COMPANION ITEMS - VA-02-AR-2908 & VA-02-AR-2909 AGENT/APPLICANT; AGENT: Craig J. Pajer, P.E. AEC National, Inc. 5150 Tamiami Trail North Suite 600Naples, FL 34103 APPLICANT: Collier County Board of County Commissioners Facilities Management Department Building W 3301 East Tamiami Trail Naples, FL 34112 REQUESTED ACTION:. The Petitioner is seeking to obtain approval for Conditional Use "3" (Detention facilities and iails) in the Public Use district (P), in order to construct an addition to the existing Nar ,es Jail Center. GEOGRAPHIC LOCATION_ The subiect property is located at the Collier County Government Center Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25 East. (,See next page). ~SCRIPTION OF PROJECT: I The petitioner wishes to construct a three-story 140,079 sq. ft. addition t~ u,~ ~'~'11~ ,~ Jail Center, Building "J" at the Collier County Government Center. The ;xpa~lon is~ ~) DEC 0 3 2002 needed to facilitate inmate processing and housing that will safely accommodate the proposed 512 additional inmate facilities. (See Attachment "A"). SURROUNDING LAND USE & ZONING (See Attachment B): Subject Site: The Collier County Government Center site is developed with a variety of government offices including the Sheriff's Jail facility that is located in Building "J". The property is zoned "P" Public Use and is also a Development of Regional Impact. Surroundinq Land Uses: ~'orth - C-3 - United Methodist Church - church C-4 - Devoe Pontiac, automobile dealership PUD - Heron Park Apartments, multi-family housing RMF-6 - The Glades CC Apartments ~f-4, multi-family housing East - RMF-16 - Glades Country Club, multi-family housing C-5 - Wal-Mart Store, commercial department store South - C-3 - Bail Bond Building, commercial PUD - Courthouse Shadows PUD, Strip shopping center West - C-3 - Miscellaneous commercial, mixed office and retail 2 DEC 0 3 2002 GROWTH MANAGEMENT PLAN CO. NSiSTENCY'.:. The Collier County Future Land Use Map (FLUM) designates the Jail site within the Urban Commercial District, Mixed Use Activity Center, Subdistrict #16 and the "Bayshore/Gateway Triangle Redevelopment Overlay." (See Attachment "C") The site is located at US 41 and Airport Road. This land use category is described in the FLUE as follows: Mixed use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. The Board of County Commissioners approved the "Bayshore/Gateway Triangle Redevelopment Overlay" on March 14, 2000. As part of the approval process, the existing County Government Complex, including the Jail Facility, was "grand fathered" into the Overlay. The purpose of the Overlay District, and the accompanying Redevelopment Plan is to provide "incentives that will encourage the private sector to invest in this urban area". The Overlay also allows "for more intense development in an urban area where urban services are available." A specific provision of the Overlay (Provision #7) refers to the Government Complex, and reads as follows: Parcels currently within the boundaries of Mixed Use Activity Center #16 will continue to be governed by the Mixed Use Activity Center Sub district. A zoning overlay may be developed for these properties within the Mixed Use Activity Center to provide specific development standards. Therefore, an assessment of the proposed land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan and Land Development Regulations. 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. Therefor ;, a Historical/Archaeological Survey and Assessment or waiver is not required. However, pursuant to Sectfon 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: Transportation, infrastructure and environmental issues have been )reviO~^~T-~J~/2-,, addressed in the Development of Regional Impact (DRI # 12-9900-151). A '~"c~.¢fi.'.c 3 DEC 0 3 2002 Impact Statement for the entire Collier County Government Complex was prepared for inclusion in the development of the DRI. Traffic mitigating measures were conditioned in the Development Order that was adopted by the BCC at their regular meeting November 28, 2000, Resolution 2000-443/Development Order 2000-05. Transportation issues were conditioned according to phases of development. The construction of the Naples Jail Center is considered part of Phase I. The mitigating measures detail the necessary commitments to provide that the adopted level of service will be maintained for the impacted regional roadways through Phase I. The proposed expansion to the Naples Jail Cent6r is focused on pro'.'id.!ng additional space to house inmates. The expansion will not create an increase in traffic due to there being no additional office space provided and 'only a slight increase in jail personnel. The expansion is being designed to not provide space for onsite inmate visitation. Accordingly, visitation for the entire site will be conducted via off-site video conferencing between inmates and guest, which will reduce the current on site traffic. Therefore no traffic mitigating measures are required. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. The subject property lies within the Mixed Use Activity Center designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Activity Centers are intended to be mixed-use in character. This land use classification provides for commercial types of land uses, essential services, governmental facilities, (including jails), and mixed-use residential and institutional type of land uses. Since detention facilities and jails are also recognized as a Conditional Use of land in Public Use districts (P), this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. A final determination of consistency with the development standards of the LDC will be determined at the time of Site Development Plan review. 2. Ingress and egress to the property and proPose~ structures thereon, with particular reference to automotive and pedestrian safety and convenience, l'raff~c flow and control, and access in ca~e of fire or, cat~strop~he. The existing points of ingress and egress to the gover, ,me, ,t complex pr( remain unchanged. Current access points to the jail center at the nortt' southeast corners of Building "J" will remain unchanged. The master ph n f~ 4 DEC 0 3 ?-002 · government complex calls for three future parking structures. The concept in the master plan is to utilize parking garages as an alternative to paving large surface areas. The first of these planned parking structures will be sited adjacent to the Jail Center to provide LDC compliant parking for staff, visitors and the general public. The proposed parking garage was originally planned for phase III of the Master Plan. However, due to the loss of existing parking created by the expansion (208 spaces), the garage has been moved into Phase I to accommodate the increased parking requirements (432 spaces). Reassignment of the parking garage from Phase Ill to Phase I, was approved by staff at the February 25, 2002, pre- application meeting. The parking structure is the subject of a companion petition VA-02-AR-2909. An additional access point to the proposed parking structure and the Jail Center addition will be provided from an internal loop drive that provides access to Building "H" (Health and Public Works Building). Pedestrian movement will remain unchanged to the Jail Center and administrative offices. Additional walkways will be provided from the proposed parking structure to the Jail Center (Building "J") and the Health Building (Building "H"). Emergency services acc,e,~,s)to the Jail Center will be provided by the internal loop driveway. (See attachment 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The Jail Center has been in existence at this site since 1985. The proposed addition to the Jail Center will not produce significant additional noise, glare or odor impacts to the neighboring properties. Any realized economic impacts on surrounding properties would have been most prevalent when the Jail Center was developed in the 1980's. The proposed addition will incorporate many features that will reduce the potential for negative visual impacts to the surrounding properties; the existing razor wire will be removed around the recreation yard, security glass will be used instead of iron bars on windows, the exterior design of the proposed building and landscaping will be enhanced around the subject site. Other, less obvious features, involve internal building design which is planned for Iow-risk inmates and offers off-site video conferencing between inmates and visitors which will reduce the on site traffic. 4. Compatibility with adjacent properties and other property in the district. The Jail Center has existed since 1985 within tt 9 Government Complete. In 1998 a conditional use (CU-98-19) was granted for the development of the Juvenile Detention Center just to the north of the Jail Center. Accordingly, properties to the east and south are zoned Public Use (P) and are currently developed with the various public uses associated with a government center. Since the site of the proposed expansion is currently developed and functions as part of the Jail Center, the addition may be viewed in the terms of an expansion of an existing use. Therefore the development of the site for the proposed use should not be detrimental to similarly developed surrounding properties. Due to the public use .-~ nature of the surrounding land uses, development of the site for a deten ~"" ~o~i,,, J could be deemed to be compatible to adjacent properties. See attachme, to the east from the existing jail facility and attachment "E", view to the aortlJ~frcm '~- the existing jail facility. DEC 0 3 2002 5 EAC RECOMMENDATION: Since the site was previously developed, an Environmental Impact Statement was not ~ required. Because an ElS was not required, the Environmental Advisory Council did not hear the petition. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning' CommisSion t0rward'a recommendation of approval to the Board of Zoning Appeals of Petition CU-02-AR- 2759. CU2002AR2759/10/21/02 DEC 0 3 2002 6 P... 10 PREPARED BY: DATE NALD -E-ANNEF PRINCIPAL P REVIEWED BY: Su~-J~I~ MURRAY, AICI~ ' ' DATE NT PLANNING MANAGER · DATE MARG/~I~T WUERSTLE, AIC DIRECtS)R, PLANNING SERVICES DEPARTMENT APPROVED BY: JO~F:TPH K. SCHMI1 ' DAq'E / C~¥MUNITY DEVELOPMENT & ENVIRONMENTAL S~VlCES ADMINISTRATOR Petition Number: CU-2002-AR-2759 Collier County Planning Commission: KENNETH L. ABERNA'FHY, CHAIRMAN DATE DEC 0 3 2002 pg. 11 BUILDING ',,1' NEW ADDITION ~ - ~, E]:OD~ - · I=D[=2 - CU.2002.AR.2759 Collier CountyJail ExPansion 2002020051' June 26, 2002 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: ~ Date Petition Received: June 19~ 2002 Commission District: 1 Planner Assigned: Mr. Raymond Bellows ABOVE TO BE COMPLETED BY STAFF General Ir~formation Name of Applicant(s) Collier County Board of County Commissioners Applicant's Mailing Address 3300 Tamiami Trail East~ Building W City Naples State Florida Zip 34112 Applicant's Telephone # (239) 774-8380 Fax # (239) 793-3795 Name of Agent Craig J. Pajer, P.E. Firm AEC National~ Inc. Agent's Mailing Address 5150 Tamiami Trail North~ Suite 600 City Naples State Florida Zip 34103 Agent's Telephone '# (239) 263-3700 Fax # (239) 263-9117 Agent's E-Mail Address: Pajer(~,AECNational.com COLLIER COUNTY COMMUNITY DEVELOPMENT AGENDA PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 [IEC 0 3 2002 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: There are no Homeowners Associations associated with this petition Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: M~ling Address City State ~ Zip.~ Name of Master Association' Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as wel' as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Entire parcel owned by County Commissioners 100 DEC O 3 2002 APPLICATION FOR PUBLIC HEARING FOR CON'DITIONAL USE- 0212000 - b. If the property is owned by a CORPORATION, list the officers and stockholders and - the percentage of stock owned by each. Name, Address and Office Percentage of Stock Not Applicable c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Not Applicable d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited parmers. Name and Address Percentage of Ownership Not Applicable e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Tn ;tee, or a Partnership, list the names of the contract purchasers below, including he officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Not Applicable '1 Date of Contract: DEC 0 3 2002 f. If any contingency clause or contract terms involve additional artiest' list all ~? individuals or officers, if a corporation, partnership, or trust. APPLICAT~ION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 Name and Address Not Applicable g. Date subject property acquired (X) leased ( ):March~ 1964 Term of lease yr./mos. If, Petitioner has option to buy, indicate date of ontion: and date option., terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Ownership will not change. 3. Detailed 'egal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 12 Township: 50S Range: 25E See attached survey and deed information contained in "Exhibit 'A'" prepared by Agnoli, Barber & Brundage, Inc. for Plat Book and Page references. Plat Book__ Page #: Property I.D.#:00389600008 Metes & Bounds Description: Parcel 3 of 12-50-25 4. Size of proper .ty: ft. X __ft. = Total Sq. Ft. 931~313 Acres 21.38 5. Address/general location of subject property: 3301 East Tamiami Trail Northeast corner of Airport Pulling Road and East Tamiami Trail {US 41) DEC 0 3 2002 p~. '~,~) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 6. Adjacent zoning and land use: ~- Zoning Land use North C-3 United Methodist Church~ church C-4 Devoe Pontiac~ automobile dealership PUD Heron Park Apartments~ multi-family housing RMF-6 The Glades CC Apartments tt4~ multi-family housing South C-3 Bail Bond Building~ commercial PUD Courthouse Shadows PUD~ Strip shopl~inl~ center East RMF-16 Glades Country Club~ multi-family housing C-5 Wal-Mart Store~ commercial department store West C-3 Miscellaneous commercial~ mixed office and retail Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: '7. Type of Conditional Use: This application is requesting conditional use # 3 of the p district for (TYPE OF USE) Jail (ref. LDC 2.2.18.3) Present Use of the Property: Jail~ governmental cffices~ juvenile detention facili~, and vacant land 8. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements goveming the individual conditional use, if any, have been met, and tha: f'-'."t..~'tuoA satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listel be~o~v. Specify how and why the request is consistent with each. (Attach additional pages a m~e D 3 2002 necessary). See narrative that follows below. Zl APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0~2000 a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): This parcel was used by the Board of County Commissioners for Public Use prior to the implementation of the Land Development Code in 1991. The jail was built on this property in the late 1980's. The Collier County Land Developmer,.:t Code Fas d,'-qgaate4 this parcel as Public Use District and it was grand father,,ri as scar w~en the _~DC war appre:,ed by the Board of County . .. Commissioners. The State of Florida's Juvenile Detention Center is adjacent to this project. The use of the site as a jail is an allowed conditional use within the Public Use (P) District. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and con,enience, traffic flow and control, and access in case of fire or catastrophe: There are no additional planned means of ingress and egress to the government complex property. Access to the jail building within the complex will remain as they are at the southeast and northwest corners of the jail (Building J). A parking garage is planned in association with this project to provide LDC required parking for the staff working in the jail and sheriff's administrative offices. An additional access point to the proposed parking garage and the jail addition will be provided from an internal loop drive that provides access to Building H (Health and Public Works Building). Pedestrian movement will remain as it currently exists to the existing jail and administrative offices. Pedestrian walkways from the proposed parking garage will be provided to both the jail (Building J) and the Health Building (Building H),. Emergency access to the jail and the jail addition will be provided by a driveway that will surround the building. c. Describe the effect the conditional use will have on neighb ring properties in relation to noise, glare, economic impact and odor: The jail addition will not produce additional noise, glare or odors. Any potential for negative economic impact would have occurred when the jail was first built in the Government Complex. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The site and proposed use expansion is compatible with adjacent pr )per~i~.s because the use currently exists and there is no record of existing incompatibilities. [ EC 0 3 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -02/20_0~ e. Please provide any additional information which you may feel is relevant to this request. Expansion of the jail is best located at this location (site of the existing jail facility) because any potential negative impacts from its existence have already been realized. If the addition were not allowed to be built at this location, it would need to be built elsewhere in Collier County. Another location for the additional jail would require this same conditional use request and the associated potential impacts to additional properties within Collier County. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. There are no deed restrictions that apply to this property. 10. Previous land use petitions on the subject property: To your knowledge, has a public heating been held on this property within the last year? If so, what was the nature of that hearing? No. DRI Public Hearing occurred on November 28~ 2000. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, -' 7i es · proposed locations for utilities (as well as location of existing utility set ~o._ t~ site), · proposed and/or existing landscaping and buffering as may be required ,y tt~C 0 3' 2002 County, ~,a._ ~,..~ _ AppI,ICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0~2000 ~_ · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). An Environmental Impact Statement (EIS) is hOOt required because the property is currently developed. d. Whether or not an ElS is reqrired, ~.'wr, copie, s of a recent aerial photograph, (taken within the previous t~,clve mcaths), m'~nim::m scale ,cf on: [nzh. equ:ls 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be cOnsistent with Florida Department of Transportation Land Use Cover and Forms Classification System. A recent aerial photograph is provided however there are no plant or wildlife habital because. the property is currently developed. e. Statement of utility provisions (with all required attachments and sketches); The building is presently served by the City of Naples Utilities Department. Power is provided by FPL and Solid Waste is removed by Waste Management. f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A TIS is not required because traffic impacts were addressed during the DRI process. Copies of the DRI TIS is enclosed for reference. g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); Because this site is currently developed a historical and archeological survey is not required. h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. There are no state or federal permits required. A copy of the SFWMD permit for the site is enclosed. TRAFFIC IMPACT STATEMENT (TIS): A Traffic Impact Statement for the entire Collier County Government Complex w's prepared for the development of regional impact (DRI) prepared for the Collier Government Complex by WilsonMiller. The Board of County Commissioners is fully responsible for the roadway and intersection improvements required within the DRI. (Reference: Resolution No. 00-443, Development Order 00-5) DEC 0 3 20Q2 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 ~ STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Collier County Board of County Commissioners 2. MAILING ADDRESS: 3300 Tamiami Trail East CITY Naples ZIP 34112_ 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3300 Tamiami Trail East 4. LEGAL DESCRIPTION: Section: 12 Township: 50S Range: 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Parcel 3 of 12-50-25 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ['-3 b. CITY UTILITY SYSTEM ¢. FRA~NCHISED UTILITY SYSTEM ~-~ PROVIDE NAME cl. PACKAGE TREATMENT PLANT [--] (GPD capacity) e. SEPTIC SYSTEM 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [-~ b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ['-] 7. TOTAL POPULATION TO BE SERVED: 555 additional inmates and staff 8. PEAK AND AVERAGE DALLY DEMANDS: A. WATER-PEAK 196,500 ~pd AVERAGE DAILY 49,125 gpd B. SEWER-PEAK 196,500 gpd AVERAGE DAILY 49,125 gpd DEC 0 3' .2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Not Applicable. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding thc method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall bc provided from tests prepared and certified by a professional engineer. Both potable and fire water is provided to the site by the City of Naples. Main extensions ~vithin the property will be installed to the building addition. Wastewater collection for the entire site is drained to a central pump station and pumped to the City of Naples wastewater collection/transmission ystem. Wastewater generated by, this addition will be discharged into an existing san tary sewer manhole. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Co',:~er County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dediCate the appropriate utility easements for serving the water and sewer systems. This project is not located within the services boundaries of Collier County's utility service system. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Sewer or potable water services are already provided to the site. Utility Provision Statement R, JM 10/17/97 AO~NOA ITEM~ DEC 0 3 2002 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE_-02/2000 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! - REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED -1. Completed Application 16' -2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation -3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 16' ~. Conceptual Site Plans (including (1) 8-1/2 X 41 copy) 16' 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 5* -8. Completed Utility Provisions Statement (with required 4 attachments and sketches) -9. Traffic Impact Statement- (TIS) 4 ,/ ~0. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 15. Other Requirements - * Documents reqmred for Long-Range Planning Review 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. APPLICATIO~N FOR PUBLIC HEARING FOR CONDITIONAL USE - 021200~00 RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A JAIL EXPANSION CONDITIONAL USE "3' IN THE ~ PUBLIC USE ZONING DISTRICT PURSUANT TO SECTION 2:7.18.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR · PROPERTY LOCATED. IN S~.,~rlON !2, TOWN.SHIP 5~ SOUTH,, - RANGE 25 EAST, COLL.TER COUNTY, FLORIDA~ WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 1 '5, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce z.ning 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. 9 l-102) which/ncludes a Comprchcnsivc Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is thc granting of Conditional Uses; and WHEREAS, thc Collier County ?]arming Commission, beinE thc duly appointed and constituted planning board for the area hereby affected, has held a public hearing after not/cc as in said regulations made anj provided, and has considered thc advisability of Conditional Use "3' of Subsection 2.2. l $3 of the Land Development Code in a "P" Public Usc zone for a jail expansion on thc property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory prov/sion and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of thc Land Development Code for thc Collier County pl~rm~ng Commission; and WHEREAS, all interested par~ies have been given opportunity to be heard by this Board in a public meeting assembled and thc Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: Thc petition filed by Craig. J'. Pajcr, P.E., of AEC National Inc., representing thc Collier County Board of County Commissioners with respect to the property herci~ described as: Exhibit "B" which is attached hereto and incorporated by reference herc/n be and the same is hereby approved for Conditional Use "3" of Subsection 2.2.18.3 of the Land Development Code in a "P" Public Use Zoning District for a jail expansion in accordance with thc Conceptual Master Plan (Exhibit "C") and subject to thc following conditions: Exhibit "D~ which is attached hereto and incorporated by rcferchce hcrdn. BE IT FURTHER RESOLVED that this Resolution be recorded in thc mhmtcs of th/s Board. DE{: 0 3 2002 This Resolution adopted aher motion, second and majority vote. Done this day of ..... 2002. , BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Ma~j~r~I~. Student Assistant County Attorney CU-2002-AR-I759/RI~'sP DEC 0 3 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2759 The following facts are found: 1. ectian 2.2.18.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic floxv and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V// No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or ~Affect mitigated by ~ Affect cannot be mitigated D Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V/ No Based on the above findings~ this conditional use should, with stipulations, (copy attached) (sh( uld -tot) be recommended for approval. EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAl, USE PETITION FOR CU-2002-AR-2759 The following facts are found: 1. Section 2.2.18.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /~No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t"'//No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: '// No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes JNo Based on the above findings, this conditional use should, with stipulations, (copy attached) ..... (should not) be recommended for approval. 'x FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2759 The following facts are found: I. Section 2.2.18.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district ,,; neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: I.,/ No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with t.:ljacent properties and other property in the district: Compatible use within district Yes // No Baszd on the alcove fi~dings, this conditional use should, with stipulations, (copy attached) (shbuld no:) be recormaende4 for approval. " ~...t~A~/.~ DATE:II EXHIBIT "A" pg.,~2, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2759 The following facts are found: 1. Section 2.2.18.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ' ~'/No . B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~No . C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ ffect or .. Affect mitigated by Affect can .ot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes JNo use should, with stipulation~/(copy at tched~ Based on the above findings, this conditional ~~.~~~~_~--' (should not) b? recommended for approval. //~~/~ DA i'E: [/~///~"~ MEMBERii' ' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~ ... CU-2002-AR-2759 The following facts are found: 1. S~ction 2.2.18.3.3. of the Land Development Code authorized the conditional ~se. 2. Granting the conditional use will not adversely affect the public interest and will not adVersely affect other property or uses in the same district m aeighborhood because of: A. Consistency with the Land Development ~0de and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and -- control, and access in case of fire or catastrophe: / Adequate ingress & egress / Yes / No C. Affects neighboring properties in relation to noise, g'lare, economic or odor effects: No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and oth~.: property in the district: Compatible use within district/ ./ Yes /7 No~ Base~' on th~.; above, fin¢;ngs,' tl,is conditional use should, with stipulations, (copy attached) · ' :.'~shou'_d not) be recommended t~r appreval. ./~ _//7 OEC 0 3 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2759. The following facts are found: 1. Section 2.2.18.3.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /"/ No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Ye~ No _ C. Affects neighboring properties in relatio~ to noise, ~lare, economic or odor effects: /-'/ No affect or ~ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. · '~" r~'~o~,c.~ee~ ~,ge~.:p,,~,c~r. e~.... ~ ~o~ .- ~N~ ., , .....~;,: ;...... , .. · ~ * ~S ~~ - .. . ~. ,..:.. - --- ~-~.*.'~,.~,Li.,"*S-,'.*~. *.~ . :~.-,..-'. r. ~.L*,*..'~ : . ~- .~: : . .- . 4~ (~. 90) T~t~I ~ ~ ~ ~C ~ A ~ ~ ~ ~' ~ A ~i~ ~,~ .... . .... . ~ , :.' ' ' . ~l~y.~T~.~y ~~ ~ 41 ~ ~) T~I~ ~ · ' .l ~R~ ~':~~' ~':l-~ * *.L ~' ' · .~~; '- . , ._ ~.._. . .. - . ~:-'. *~ %- .* .. ' ~. ;.:'' ' Ai · ~. ~ ~ ..,. . "~' ~" , ' -'" .:',':" " DEC 0 3 2~2 w~~ . ~sa. ~. 5_L~ ' PI ..... CU-2002-~-2759 Collier County ~ail ~xp~nsion 2002020051 " June 26, 2002 PROPOSED " NAPLES ,,/AIL F1-TllTTHI'b~ .LLLH.LLLL'~ gUll. DING ',.1' NEW ADDITION ° ClOD Exhibit "C" A E C NATI~31~, 1,1~, AS NOTED ~JAL~ .-,--~ BYPASS CONDITIONS OF APPROVAL CU-02-AR-2759 .- · a) Pursuant t° Section 2R.3_4.2 of the Land Development Code. pedestrian ways, linkages and paths shall be provided from the building entry(s) to surrounding streets, external sidewalks, and outparcels. Pedestrian ways shall be designed to provide access between parking areas and the building en 'ance(s) in a coordinated and safe manner. b) Pursuant .to Section 3.2.8.3.19 of the Land Development Code. uncontrolled crosswalks must be delineated with high visibility (piano key) 10 foot wide striping. c) Provide the traffic mitigation measures of right in right out directional movements to the Government Center at the Harrison Road and Palm Drive intersection. EXHIBIT "D" DEC 0 3 2002 EXECUTIVE SUMMARY VA-2002-AR-2908, CRAIG J. PAJER, P.E., OF AEC NATIONAL, INC., REPRESENTING COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FACILITIES MANAGEMENT DEPARTMENT, REQUESTING APPROVAL OF A 40-FOOT VARIANCE IN THE PUBLIC USE DISTRICT (P) FROM THE REQUIRED 35-FOOT MAXIMUM HEIGHT LIMITATION TO 75-FEET, IN ORDER TO CONSTRUCT AN ADDITION TO THE EXISTING NAPLES JAIL CENTER ON PROPERTY LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER BUILDING "J" 3301 EAST TAMI/~MI TRAIL, SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25, COLLIER COUNTY, FLOR DA. COMPANION ITEM: CU-02-AR-2759 OBJECTIVE: To have the Board of County Commissioners approve a 40-foot variance from the maximum allowable height of 35 feet to allow the construction of a 75-foot high addition to the Naples Jail Center. CONSIDERATIONS: The petitioner wishes to construct a three-story 140,079 sq. ft. addition to the Naples Jail Center, Building "J" at the Collier County Government Center. The expansion is needed to facilitate inmate processing and housing that will safely accommodate the proposed 512 additional inmates. The Collier County Government Center site is developed with a variety of government offices including the Sheriffs Jail facility that is located in Building "J". The property is zoned "P" Public Use and is also a Development of Regional Impact. The subject project is consistent with the Future Land Use Element of the Growth Management Plan and Land Development Regulations. The petitioner held a Public Information Meeting on July 9, 2002, for the conditional use permit. A public meeting for a variance is not required however, the height of the jail facility was discussed at that meeting. FISCAL IMPACT: Approval of this variance will have no fiscal impact on Collier County. ~GE-NO^ DEC 0 3' 2002 p~;. GROVVTH MANAGEMENT IMPACT: The subject property lies within the Mixed Use Activity Center designated area on the Future. Land Use Map to the Future Land Use Element (FLUE). Activity Centers are intended to be mixed-use in character. This land use classification provides for commercial types of land uses, essential services, governmental facilities, (including jails), and mixed-use residential and institutional type of land uses. Approval of this variance request will not affect or change the project's consistency with the requirements of the GMP. ENVIRONMENTAL ISSUES: The site of the proposed expansion has been previously developed, so an environmental impact statement was not required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Counci! (EAC) does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard the petition on November 7, 2002 and unanimously recommended approval by a vote of 6 to 0. Four individuals from the public spoke in opposition to the height of the proposed buildings, therefore this petition is not eligible for the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Therefore, Current Planning staff recommended that the CCPC forward Petition VA-02-AR- 2908 to the BZA with a recommendation of APPROVAL, subject to the conditions outlined in the attached resolution. DEC 0 3' 2002 2 pi. ~ PREPARED BY: DONALD A. SCHNEIDER DATE PRINCIPAL PLANNER REVIEWED BY: PLANNING MANAGER MARGARET//~NUERSTLE, AICP DATE PLANNING 'SERVICES DIRECTOR APPROVED BY: ..JOSEPH K. S'GHMI 1 I" / DATE (,COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR VA-2002-AR-2908 - ACtA DEC 0 3' 2002. AGENDA ITEM 8-F MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DiViSION DATE: OCTOBER 21,2002 SUBJECT: PETITION NUMBER: VA-02-AR-2908, NAPLES JAIL CENTER EXPANSION, COMPANION ITEMS - VA-02-AR-2909 & CU-02 - AR - 2759 AGENT/APPLICANT_: AGENT: Craig J. Pajer, P.E. AEC National, Inc. 5150 Tamiami Trail North Suite 600 Naples, FL 34103 APPLICANT: Collier County Board of County Commissioners Facilities Management Department Building W 3301 East Tamiami Trail Naples, FL 34112 OEC o 2ooz 1 P~,._ REQUESTED ACTION: The Petitioner is requesting a 40-foot variance in the "P" Public Use zoning district from the required 35-foot maximum height limitation to 75 feet, in order to allow a three story .addition to the Naples Jail Center. The existing Jail C:.enter is two-stories and a?pro)~im~te!y 30 f~et in height. The proposed addifir~n incr~rpor~t~s design standards that are governed by Federal and State prison dimensional parameters. When these design parameters are incorporated into the subject site, the building height allowed by the zoning district is inadequate to accommodate the required features. GEOGRAPHIC LOCATION: The subject property is located at the Collier County Government Center Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South, Range 25 East. (See page 4). PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to construct a three-story, 140,079 square foot addition to the Naples Jail Center, Building "J" at the Collier County Government Center. (See Attachment "A"). The addition is needed to facilitate inmate processing and housing to accommodate the proposed 512 additional inmates. The structure will be required to meet all other required yard setbacks. The Public Use (P) zoning district restricts maximum height to that of the most restrictive adjoining district within 100 feet. The most restrictive district within 100 feet of the proposed development is the Heavy Commercial (C-5) district, which has a height limit of 35 feet. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is designated as "Urban Commercial District, Mixed Use Activity Center Subdistrict #16" on the Future Land Use Map (FLUM) of the Growth Management Plan and is located in the "Bayshore/Gateway Triangle Redevelopment Overlay." (See Attachment "C"). This land use category is described in the Future Land Use Element as follows: Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land usec - which may include the fui! array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. AGENDA DEC 0 3 2002 Therefore, an assessment of the proposed land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan. LAND USE AND ZONING (See Attachment B): Existing Conditions of site: Existing recreation area of developed jail site to be redeveloped for three-story addition to adjacent Building "J" Naples Jail Center Immediately Abutting The Subject Site of the Proposed Facility: North - Parking and the Juvenile Detention Center East - Parking and lake (water retention facility) South - Lake (water retention facility) and Building "J" West - Existing Jail Center and parking 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 C(Jllier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. However, pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other- construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery sh~ll be immed!ately stopped and the Collier County Code Enforcement Department contacted. DEC 0 3 2002 EVALUATION FOR IMPACTS TO TRANSPORTATION INFRASTRUCTURE AND ENVIRONMENT_: Approval of this variance request will have no effect on infrastructure, transportation or the environment. AN ALYSlS_'. 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 are general utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.1~, which 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: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. Modern buildings developed as incarceration facilities are governed by Federal and State prison design standards that dictate dimensional parameters. When these design parameters are incorporated into the subject site, the building height allowed by the zoning district is inadequate to accommodate the required features. In addition, the Government Center has other structures that exceed this maximum height limitation. Building "F" is 8 stories (96 feet 5.5 inches high) and the Courthouse is 6 stories (94 feet 11 inches high). The Naples Jail Center is internal to the 55-acre Government complex and not abutting any property line. b. 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 subject jail facility, Building "J", has been located at the Collier County Government Center since 1985. In the mid 1970's the Government Center complex was designated Commercial Convenience District (C-2), which had no maximum height restriction. During the 1970's the tallest buildings were developed in the complex, Building "F" which rises to 96 feet 5.5 inches high and the courthouse, at 94 feet 11 inches high. On October 30, 1991 the Land Development Code (LDC) was adopted providing the Government Complex the current zoning designation of Public use distdct (P). The Public use district height limitations are defined as: maximizing height at the height of the most restrictive adjoining district within 100 feet of such district. The most restrictive adjoining DEC 0 ~ 2002 P~,. district is the Heavy Commercial (C-5) with a height limit of 35 feet. The Public use district zoning designation has created a situation where Building "F" and the Courthouse are now considered "legal nonconforming" buildings due to their height being in excess of the current height limitation of 35 feet. c. Will a literal interl~retation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation of the provisions of the zoning code would prevent the construction of a facility for the incarceration of violators. Preventing the construction of additional inmate capacity and enhanced processing facilities would create potentially unsafe conditions for the sheriff's staff and the general pubJic at large. A study, authorized by the Board of County Commissioners, and finalized in 1977 by The V Group of Florida, Inc. entitled "Update of the Integrative Corrections Strategic Development Plan" provided the following information: 1. The Naples Jail Center was constructed in 1985 to house 306 prisoners and to provide functional space for jail and sheriff's operations. Throughout the next ten years, several areas of the facility were double bunked due to the rise in the prisoner population and, as a result, the total number of rated beds rose to 582. 2. A total of approximately 1,000 rated beds in a staff-efficient design are needed in the county by the year 2005. 3. Approximately 50 additional beds are needed for disciplinary detention, medical isolation and holding in the booking area. 4. In addition to housing areas and inmate program areas, several other key areas are now inadequate to meet the county's needs. The intake and booking area is inadequate for the number of prisoners who are brought to the jail each year (over 10,000 prisoners) and, therefore, adequate spaces to hold individuals including a waiting area are virtually non-existent. C ~anges in standards as well as the legal issues regarding medical and mental health services in jails have also contributed to the inadequacy of these areas. Additionally, the Collier County Board of County Commissioners has approved the government complex master plan that provides for this 'facility. The Southwest Florida Regional Planning Council and the BCC. have also approved the DEC 0 3 2002 6 Pg. ~ Development of Regional Impact (DRI # 12-99~0-151), for the Collier County Government Center, wherein the jail detention center was exempt from DRI review. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is the minimum required to meet Federal regulations and to meet the purpose and intent of the zoning district. 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? No. Granting of the variance will not confer on the petitioner any special privilege. There exist within the Government Center other buildings with greater heights. 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? Yes. Granting of the variance will be harmony with the general intent and purpose of the Land Development Code. The nearest residents are located to the north of jail center 400 feet and to the east 450 feet. Granting of the variance will not be injurious to the neighborhood, as the subject project is an expansion of a seventeen year-old existing facility. The nearest residents are buffered from the site by landscaping, the existing lake and other government buildings that block the visual contact. Granting of the variance will not be detrimental to the public welfare, as the addition to the jail center will enhance the sheriff's capability to process and house at dsk offenders while protecting the general populous at large. See attachment "D", view looking southwest to proposed jail expansion site. See attachment "E", view to the southwest across expansion area. See attachment "F", aerial view of site. g. 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. There is an existing storm water management lake located east of the existing jail. The lake functions as a buffer providing visual relief for areas that lie 0~-~, 0 3 2~32 sobth, east and northeast of the subject site. h. Will granting the variance be consistent with the Growth Management Plan? Approva; of this. variance petition will not affect or change the requirements of the Growth Manager,,ent ~' ~ ~ ~aJl. . EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance p, titions. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Therefore, Current Planning staff recommends that the CCPC forward Petition VA-02-AR-2908 to the BZA with a recommendation of APPROVAL. Note: As of the date this staff report was prepared (October 21, 2002) one letter in opposition to this petition has been received. S~e attachment "G". VA-02-AR-290810 ~.102 ' -- ~1~ ,qA I1'~, DEC O 3 2002 PRINCIPAL ~,~ REVIEWED BY: ' C/UFL~ENT PLANNING MANAG/ER MARGARE'~.WUERSTLE, AICP DATE DIRECTOR, PLANNING SERVICES DEPARTMENT APPROVED BY: JO H K. SCH,~III ~", ADMINISTRATOR DATE CO~[~NKI~Fy DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: i/,../~ ..-~ !/.- 7-~2 >- KENNETH L. ABERNATHY, C~I-'~RMAN DATE Staff repoA for the ~ 2002 Collier Coun~ Planning Commission Meeting Tentatively scheduled for th~, 2002 Board of Coun~ Commissioners Meeting. ~~ ~' Affachments:A. Location/Site Map · B. Reduced Copy Zoning Map DEC 0 3 2002 Pg. .IJZLL[JJJ. J~ J I l LLJLLLL:"'~ ~x,s~~~ / .: ,~UILDING 'J° NEW ADDITION VA-2002-AR-2908 ! RECEIYED October 7, 2002 Collier County Planning Commission County Government Center 3301 E. Tamiami Trail .... Naples, Fl 34112 Ladies & Gentlemen, As a resident of the Glades Country Club I wish to protest the granting of a variance to county zoning codes in order to build an addition to the county jail. In addition to the variance for the jail addition, the last communication from the Planning commission also cites a request for an a,~ditional variance of 110 feet for a parking garage at the Naples Jail Center. I feel that if variances of this magnitude are granted to the public sector the county will be starting an extremely bad policy. Every commercial, private enterprise will point to these variances and question why they too cannot change the codes to suit their plans. We all know of the efforts in the City of Naples to byp'~ass building.height codes and how the city stood firm by not allowing these rules to be decimated. Pl'.e. ase don't let variances · get a toehold. It will escalate. Joan A. McKitchen 'i 336 Palm Dr. ti4 - Naples, FI 34112 VA-2002-AR-2908 Collier County Jail Expansion · Attacl~ment "O" AG~..NDA 0£C 0 3 2002 VARIANCE PETITION ('VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) VA.2002-AR-2908 Collier County Jail Expansion Project $$2002020051 Date Petition Received: 'uly 25, 2002 Date: 7/31/02 ~ Ray Bellows Commission District: 1 Planner Assigned: _ Ray Bellows ""'---"--ABOVE TO BE COIVIPLETED BY STAFF GENERAL INFORMATION: · ' ' s Collier Co_c_C_9_U_R~ Board ~ Commissioners PeUt~oner Name: Petitioner's Address: Facilities Management Department, Building W~ 3301 East Tamiami Trail Na les FL 34112 'telephone:_ (239) 774-8380_ E-Mail Address: _jjackCrognale~,eolliergov.ne_t Fax#: _(239) '/93-3795 Agent's Name: Cra~.E. of AEC National Inc. Agent's Address: 5150 Tamiami Trail North Suite 600 Na les FL 34103 Telephone: (239) 263-3700 Fax#: (239) 263-9117 E-Mail Address: Pajer~aecnational.com Variance Petition regarding - Naples Jail Center Addition DEE 0 3 2002 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: There are no Homeowner Associations associated with this petition. 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: Not Applicable Mailing Address City State ~ Zip Name of C vic Association: Not Applicable Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: N/A Unit NIA Lot Section 12 Twp. 50S Range 25E Property I.D. # 00389600[08/)E~ [i '~2502 Acreage Number ' 55 / Metes & Bounds Description: Parcel 3 of 12-50-25 Address of Subject Property: Building W, 3301 East Tamiami Trail, Naples FL 34112 (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Current Zoning is P - Public Use Land use is jail and government offices. Adjacent Zoning & Land Use: ZONING LAND USE North C-3 United Methodist Church~ church C-4 Devoe Pontiac~ automobile dealership PUD Heron Park Apartments~ multi-family housing RMF-6 The Glades CC Apartments #4, multi-family housing South C-3 Bail Bond Building~ commercial PUD - Courthouse Shadows PUD, Strip shopping center East RMF-16 Glades Country. Club~ multi-family housing C-5 Wal-Mart Store~ commercial department store West C-3 Miscellaneous commercial~ mixed office and retail Minimum Yard Requirements for Subject Property: Front: * Comer Lot: Yes Side: * Waterfront Lot: Yes ["-] No [] Rear: * · The yard requirements of the most restrictive adjoining district apply all the site within 100 feet of the adjoining district. DEC 0 3 2002 Pg. ~ 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 e~:croachment came to be; etc. This request is to increase the maximum height to 75 feet for the addition to the Naples Jail Center. This variance is required for the construction of a three-story addition to the existing Naples Jail Center. Present Public Use District (P) zoning limits the height to "the height of the most restrictive adjoining district within 100 feet of the t 'strict. a,t this location the most restrictive adjoining district within 100 feet is C-5 (' Iai-Mart Store) which has a height limit of 35 feet. This request of 75 feet is 40 feet greater than that allowed in the district. The height limit of adlacent zoning is 50 feet for C-3, 75 feet for C- 4, three habitable floors for RMF-6~ ami 75 feet for RMF-16. The properS, was acquired when the County. seat was transferred from Everglades City to East Naples in 1962. The existing jail (principal structure) was built on the site in the late 1980s. An administrative office was added to the iail in 2000. The variance is needed to build the inmate processing and inmate housing space required to accommodate the current number of inmates processed by the sheriff's office. DEC 0 3 2OO2 -- Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1- 8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Jails are s ecial buildin s that re hire lare ceilin hei hts due to securi~ ~ows are re hired above risoner's heih~ ~rovide indirect ~redb state and federal rison standards. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes_y_!l~there are special circumstances. This site has been the Collier County~ Government Cen___ter for man--ars. There were no height restrictions until the Collier County Land Develo~ent Code~ted on October 30 19_.t_!_~_~91- ~--- 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. Yes ahardshi will develo in Collier Coun~rohibited from develo~ master plan as contained in the property's approved DRI. Also, the sheriff needs more ~apac~ail to house an increasing_number of inmates. 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. Yes. 5. Will granting the variance requested confer on .~ te petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighb°rh°°d, or oiherwise detrimental to the p~ ;I~,,, _ t~e~ Yes. Most of the ad'acent land was develo ed riot to the ado tio of D_._evelopment Code which cha~t restricti~ existin~ iail will be located at tn~iis site regardless of this a~pproval. - , - 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. There is an existing stormwater management lake located east of the existing jail. Improvements ~vili be made to the bank slope of the lake in order to be in compliance with the South Florida Water Management District permit. :,. Will g-ar, ting the v,~iance be consistent with the growth management plan. Yes. The growth management @lan anticipated this site as a government complex. DEC 0 3 2002 Pg. ~ VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # 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 followiug: 15 a) All property boundaries & dimensions b) Ail 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. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners -8. Other Requirements- As the authorized agentJapplicant 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. Applica~t);~gn~aure D:te DEC 0 3 2002 RESOL~ON NO. 02-- RELATING TO PETITION NUMBER VA-2002-AR-2908, FOR A HEIGHT VARIANCE FROM THE REQUIRED 35 FEET TO 75 FEET IN A PUBLIC USE ZONE LOCATBD IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 12~, Florida Statutes, has conferred on all counties in Florida the power to establish, coo~nzte and en[orce zoning and such busine$.~ 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-I02) which establishea regulations for the zoning of particular geographic divisions of the County, among which is he granting of variances; and WHEREAS, the Board of Zonin,~ Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after :aofice as in said regulations made and provided, and has considered the advisability of a 40-foot height variance from the required 35 feet to 75 feet as shown on the attached plot plan, Exhibit MA~, in a ~P~ Public Use 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 ir~terested 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 Zorfing Appeals of Collier County, Florida, that: The Petition VA-2002-AR-2908 filed by Craig J. Pajer, P.E., of AEC National Inc., with respect to the property hereinafter described as: Exhibit 'B~ be and the same hereby is approved for a 40-foot height variance fi.om the required 35 feet to 75 feet as shown on the attached plot plan, Exhibit ~A~, of the "P' Public Use Zoning District wherein said property is located, subject to the following conditions: Exhibit 'CN BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-2908 be recorded in the minutes of this Board. OEC 0 3 2002 This Resolution adopted after motion, second and majority vote. D0n¢ this day of ,2002 ATI'EST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency Maxjoril)M. Student Assistant County Attorney v^-~oo2-^~-~'~R~ AGENDA ITEM DEC 0 3 2002 'J' NEW ADDI]ION ~ ~ BUILDING BUILDING 'G° 'K° * . , ...,...~ .~ .:.::..~..:.:.5,;;, ~ .~, **_~,u~.,:~_,,~., ..... .. ...... ..,~.,.,,...,pAR . .. . : .... .C~ * * ........ '* '" -t2, a .,-- *. .SEC~OH : *'.'.' '"" '.S, UO *"*; . '" : ../: ,.:.. ~~. .-',' .. .. =..~ · · SAJD "" TO '' ...:...,.*,.* : -. ~.,? · . ..' 4! i .~VlN~ X SAID · '/.' ,-, ;-' · ~s -...._ ,. ;~:-','. , ~...-. · :. , . .~ :.1 ~' -.. - ' · ' CONDITIONS OF APPROVAL VA.-02-AR-2908 a) This variance is fur the additional height permitted by this resolution.-. Any other'departure trom the dimensional standards of this coUe shall require a separate variance. b) Pursuant to Section 1.8.10 of the Land Development Code, should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review dire,.,tor, it shall not be reconstructed except in conformity with provisions of this zoning code. c) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EXHIBIT "C" AGENDA~'r~" DEC 0 3 2002 EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, PROVIDING FOR ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO ROAD IMPACT FEE RATES AND PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATES ~ Board of County Commissioners adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being 4he Collier County Consolidated Impact Fee Ordinance, thereby establishing methodologies for adjusting Road and Parks and Recreational Facilities Impact Fee rates in the two mid-cycle years between full-scale impact fee update studies. Said mid-cycle adjustments shall be conducted by means of indexation to incorporate changes in the relevant costs of construction of the subject public facilities. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related Transportation capital improvements since October 1985. Road Impact Fees were increased in 1990, 1992, 2000, and most recently on October 8'h of this year, taking effect on November 1st. This latest adjustment raised Road Impact Fee rates to more than double their previous level. The County has used impact fees as a funding source for growth-related Parks and Recreational Facilities capital improvements since February 1989. On June 25'h of this year, the Board adopted a resolution establishing the current Parks and Recreational Facilities Impact Fee rates, which, like the Road Impact Fee increase, raised rates to more than double their previous level. The County's exceptional growth in the past three years, in conjunction with rising capital construction costs, which are driven in large part by escalating land acquisition prices, has necessitated these large rate adjustments. Adoption of these new Impact Fee rates marked the commencement of three-year update cycles pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-502. With this proposal, the current Road Impact Fee rates, which took effect November 1, 2002, will remain in effect until approximately November 1, 2003, at which time the first mid-cycle adjustment will bec¢ ne effective. The current Parks and Recreational Facilities Impact Fee rates, whicl~. :ook effect August 2, 2002 upon filing with the Florida Department of State, will remain in effect until approximately August 2, 2003, at which time the first mid-cycle adjustment will become effective. DEC 0 3 2002 / Ordinance Amendment--Mid-Cycle Indexing of Road and Parks and Page 2 Recreational Facilities Impact Fee Rates In the two years between Road Impact Fee updates, beginning on or about November 1, 2003, the County will implement adjustments to design and construction costs, Construction, Engineering and Inspection costs and the non-land components of the cost of right-of-way acquisition based on inflation projections contained in the Evaluation and Update of Unit Costs for Impact Assessment (Revised September 1, 2002) prepared for Collier County by Post, Buckley, Schuh and Jernigan, Inc. and based on the price trends index prepared by the Florida Department of Transportation's Office of Planning. The inflation rates for the land component of rights-of way acquisition during the two years between updates will be based on the percent change in Just Values, without new development, as determined annually by the Collier County Property Appraiser. The Just Value adjustment shall be capped at 25 percent. The land-related component, based upon data reported by the Property Appraiser, will compose 75 percent of the mid-cycle adjustments, and the various non-land related components, as determined by cost change data from the FDOT's Office of Planning, will compose 25 percent. Beginning on or about August 2, 2003, the County will implement mid-cycle adjustments to Parks and Recreational Facilities Impact Fee rates based upon the "Consumer Price Index (CPI) - Miami-Ft. Lauderdale MSA, FL, All Items," as reported by the United States Bureau of Labor Statistics, for the most recent period for which figures are then available compared to the same CPI figure reported for the same period one year prior. GROWTH MANAGEMENT IMPACT: Impact Fees provide funding for capital improvements to public facilities as indicated by the Capital Improvement Element of the Collier County Growth Management Plan. The proposed indexation methodologies are designed to enhance predictability of revenue receipts while reducing consultant costs and avoiding large, unforeseen rate increases every three years. FISCAL IMPACT: The proposed indexation methodologies are designed to be implemented each year in order to ensure that impact fee rates keep pace with capital construction costs while avoiding large impact fee increases at the end of each three-year update cycle and the resulting economic disruptions affecting the County's building industry. RECOMMENDATION,: That the Board of C ,unty Commissioners adopt an Ordinance ~mending Chapter 74 of the Collier C>unty Cc [e of Law and Ordinances as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, thereby establishing methodologies for adjusting Road and Parks and Recreational Facilities Impact Fee rates in the two mid-cycle years between full-scale impact fee update studies; and that the Board authorize an effective date of said Ordinance to occur upon filing with the Office of the Florida Secretary of State. DEC 0 3 2002 Ordinance Amendment--Mid-Cycle Indexing of Road and Parks and Page 3 Recreational Facilities Impact Fee Rates Prepared by: Phil 't~ndall, hnpact Fee C~ Approved by.: }J/o/eph K. Sch~t,'7'Administrator / / mmunity ~lopment & Environmental Se~ices Division DEE; 0 3 2002 t ORDINANCE NO. 2002 - _ 3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING 4 CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND .5 ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE {5 COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), 7 PROVIDING FOR ANNUAL MID-CYCLE YEAR INDEXING 8 ADJUSTMENTS TO ROAD IMPACT FEE RATES AND PARKS cj AND RECREATIONAL FACILITIES IMPACT FEE RATES; ].0 PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND t t ORDINANCES; PROVIDING FOR CONFLICT AND t2. SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE ].4 WHEREAS, on May 25, 1999, the Board of County Commissioners of Collier ].5 County (the Board) adopted Ordinance No. 99-39, which set forth new Parks and ].6 Recreational Facilities Impact Fee rates; and ]7 WHEREAS,. on January 11, 2000, the Board adopted Ordinance No. 2000-3, ]$ which adopted revised Road Impact Fee rates; and ]9 WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the 20 "Consolidated Impact Fee Ordinance," (Chapter 74 of the County's Code of 2.! Laws and Ordinances) which requires formal updates all Collier County impact ?_ fee rates in three-year cycles adopted by Resolutions of the Board following 23 public hearings; and ~_4 WHEREAS, on June 25, 2002, the Board adopted Resolution No. 2002-304, to 2..5 adopt the current Parks and Recreational Facilities Impact Fee rates; and 26 WHEREAS, on October 8, 2002, the Board adopted Resolution No. 2002-423, 2.7 which adopted revised Road Impact Fee rates, to become effective on November ~.$ 1,2002; and 2.cj WHEREAS, in each of the two interim years (between the three-year updates) 30 the Board desires, by indexing, to incorporate changes in the relevant costs into 3]. the Road Impact Fee rates and the Parks and Recreation Impact Fee rates. 32. 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 35 36 SECTION ONE. Article Ill, Subsection G in Section 74-302 of the Collier County :37 Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby 38 created to read as follows: 3~) G. Annual Mid-Cycle Road tmpact Fee Rate Indextnq. Beqinninq 40 November 1, 2002, the County shall commence a three-year Road Impact Fee 4] update cycle pursuant to Subsections 74-201.B. and 74-502.A. of this Ordinance. 42. In each of the two mid-cycle years (between the formal three-year updates) 43 beqinninq November 1, 2003, the County shall implement indexed ad'ustments t~GENOA~TEM ~/~ 44 to desiqn costs, construction costs, enqineerinq costs and Inspection costs, plus 4.5 the non-land components of the costs of riqht-of-way acquisition based on 46 inflation proiections contained in the Evaluation and Update of Unit Costs for DEC 0 3 ! Impact Assessment (Revised September 1, 2002) prepared for Collier County by :2 Post, Buckley, Schuh and Jemiqan, Inc. and based on the price trends index 3 prepared by the Florida Department of Transportation's Office of Planninq. Mid 4 cycle adiustments to the costs of riqhts-of-way acquisition shall be weiqhted 5 follows: seventy-five percent (75%) from real property value chanqes ac 6 determined from data compiled by the Collier County Property Appraiser a~ 7 specified below in this Subsection and twenty-five perceut (25%) as determined 8 by cost chan.qe data from the Florida Department of Transportation's O~fi(~e of 9 Planninq as specified above in this Subsection. The inflation rates for the land 10 costs component of dqhts-of way acquisition durinq the two mid-years shall bn It based on the percentaqe chanqe in Just Values takinq into account mid-year 12 chanqes in real property vatues, but not takinq into account value chanqen 13 caused by new construction durir~q the respective mid-year adjustment period, a?, 14 determined annually by the Collier County Properly Appraiser. The total Just 15 Value adiustment in any mid-year adjustment period shall not exceed twenty-five 16 percent (25%), The allocation formula shall be as then specified in the !7 Administrative Procedures Manual. Mid-cycle indexed rate chanqe adiustmentn !8 shall be adopted by a Resolution of the Board pursuant to Subsection 74-201,B. IP of this Chapter. 20 2! SECTION TWO. Article Ill, Subsection G in Section 74-304 of the Collier 22 County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is 23 hereby created to read as follows: 24 G. Annual Mid-Cycle Parks and Recreational Facilities Impact Fee 25 Rate Indexinq. Collier County Resolution No. 2002-304, adopted June 25, 26 20021 established a Parks and Recreational Facilities Impact Fee Rate Schedule 2.7 three-year update proqram, which commenced on June 25, 2002, pursuant to 28 Subsections 74-201.B. and 74-502.A. of this Chapter. In each of the two mid- 29 cycle years (between the formal three-year updates) and beqinninq on or about 30 June 25, 2003, the County shall implement index!hq adiustments to each Park,~ 3! and Recreational Facilities Impact Fee amount by multiplyinq the then current 3:2 Impact Fee rates by a fraction, the numerator of which shall be the 'Consumer 33 Price Index - Miami-Ft. Lauderdale MSA, FL, All Items,' as reported by tho 34 United States Bureau of Labor Statistics, for the most recent pedod for which 35 fiqures are then available, and the denominator of which fraction shall bn :36 "Consumer Pdce Index- Miami-Ft. Lauderdale MSA, FL, All Items,' as ~eported' 37 by the United States Bureau of Labor Statistics, for one year prior to the pedod 38 specified in the numerator. Mid-cycl.--. index.~.d rate'chanqe ;~dius, 'nents .. hall be 39 adopted by a Resolution of the Board pursuant to 3ubsect.on 7,+-201.B. of thin' 40 Chapter. 4! 4:2 DEC 0 3 2002 Words :'.."cck tk:c::g~ are deleted; words underlined are added. SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES. 2 The provisions of this Ordinance shall be made a part of the Code 3 of Laws and Ordinances of Collier County, Florida. The sections of the 4 Ordinances may be renumbered or relettered to accomplish such, and the word 5 "ordinance" may be changed to "section", "article", or any other appropriate word. '7 SECTION FIVE: EFFECTIVE DATE. $ This Ordinance shall be effective upon filing with the Florida 0 Department of State, 10 !! PASSED AND DULY ADOPTED by the Board of County Commissioners 12 of Collier County, Florida this _ day of ,2002. t3 14 ATTEST: BOARD OF COUNTY COMMISSIONERS t5 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 16 ].7 By:_ 1:5 Deputy Clerk By: -JAMES N. COLETTA, Chairman 2O 21 22 Approved as to form and 23 regal sufficiency: 24 26 ] [.) _,,.~.,_ 27 Thorflas C. Palmer 28 Assistant County Attorney "..9 DEC 0 3 2002 Words st~ic-h4h~h are deleted; words underlined are added. _ EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE ESTABLISHING THE CONSERVATION COLLIER PROGRAM PROVIDING FOR THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS IN COLLIER COUNTY OBJECTIVE: To have the Board of County Commissioners adopt an ordinance that implements the Conservation Collier program as approved by the electors of Collier County on the November 5, 2002 general election ballot. CONSIDERATION: On November 5, 2002, the electors of Collier County passed a referendum to authorize an annual levy of an additional ad valorem tax not exceeding ~ 25 mill for ten [10] years to fund the acquisition of environmentally sensitive lands for the protzction of water resources, wildlife habitat, and public open space in perpetuity. The ballot question was worded as follows: SHALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE BY ISSUING BONDS UP TO SEVENTY-FIVE MILLION DOLLARS PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING ONE QUARTER OF ONE MILL FOR A PERIOD OF TEN (10) YEARS, AND BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LEGAL RATE? The proposed Ordinance implements the subject program and provides for the following: 1. Creation of a Land Acquisition Advisory Committee to conduct an ongoing review of all projects under consideration and to make recommendations to the BCC for acquisition. 2. Establishment of policies, procedures, standards and criteria for the acquisition of endangered and conservation lands, wildlife habitat and water resource areas. 3. That lands acquired shall be only environmentally sensitive lands. 4.Establishment of the following acquisition priorities: Initial Screening Criteria: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. c. Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependent species habitat, and flood control. d. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. e. Land which enhances and/or protects the environmental value of cum t conservation . AGENDA ITEIVl/~ lands through function as a buffer, ecological link, or habitat corridor. DEC 0 3 2002 .... f. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which acquisition funds availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances, acquisition funds shall not be available for projects within the jurisdiction of another agency's acquisition boundaries. Secondary Ranking Criteria: Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, comparative size (to prefer larger of similar parcels), vulnerability to destruction (to pref'-r most threatened of qualified parcels), overall resource ecological quality (to prefer hi..~est quality of similar parcels), and the estimated feasibility and costs of management (to prefer most manageable parcels). 5. A procedure for selection of acquisition proposals for placement on an active acquisition list and subject purchasing procedures. This process is summarized in the attached Process Flow Diagram. FISCAL IMPACT: In general, the 0.25 mill levy would raise approximately Eight Million, Four Hundred Thousand Dollars [$8,400,000] per year, based on FY02 County-xvide taxable values. This value xvill change in direct proportion to the change in tr~xable values. It is the intent of the program to achieve maximum impact by partnering with other entities through the award or acceptance of grants, joint projects, and other cooperative efforts. Thus, the funds derived from the program will also be used as matching funds in order to maximize the use of public monies to the benefit of Collier County. One staff member will be required to administer the program. Costs to provide salary, benefits and incidental operating expenses are estimated at Sixty-Seven Thousand Dollars [$67,000.00]. This cost is for FY03 and assumes a position to be effective January 2003. Staff requests that this be an expanded position. This program was not budgeted for FY03, thus a budget amendment will be needed to fund the FY03 administrative costs. A more detailed analysis of the program including a proposed schedule of implementation activities and a complete FY03 budget will be presented to the BCC on January 14, 2003. GROWTH MANAGEMENT IMPACT: Acquiring environmentally sensitive lands ~vill support various policies in the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance and direct staff to prepare a complete FY03 budget and implementation plan to be presented to the BCC at a later BCC meeting. "'" DEC 0 3 2002 PI. ~ PREPARED BY: - DATE: /!. t ?. c~,it~i~r~ D. Lore~z,,-Jr., P.Ei;/DiXrector Environmental Services Department ~[a~qudine Hubb~rcCRobin~on Agsistant County Attorney /~oS~Pmh uKn } tSyCDh~e ~ ;tl'o pA dmme ~ '~ r~ tn°vri r o nm e n t a 1 Services DEC 0 3 2002 Process Flow Diagram for Land Acquisition Proposals (Section 13 of the Proposeed Environmental Lands Acquisition Ordinance) Referendum Approval ] [ Ordinance Adoption J~ Staff sends inquio' Le#ers to all Yes property owners in Target Protection ,4reas Staff reviews proposals using Initial [ STOP Screening Criteria ( ISC ) IStaff completes an Initial Criteria Screening Report on proposals which satisfy ~ Report for each proposal L,4,4C conducts Public Hearing to 1 identify top-ranked projects for the ,4 ctive Acquisition List LA,4C conducts Public Hearing to recommend to the BCC which projects should proceed with negotiations Staffconducts Site Visit of"top- ranked projects" and writes a Property Visit Report. BCC instructs staff to negotiate for each listed project. purchase /,A,4C conducts Public Hearing to approve ,4ctive Acquisition List for submittal to BCC LA,4 C reviews negotiated contract r terms and recommends which contracts to pursue BCC conducts Public Hearing to approve ,4ctive ,4cquisition List and directs staff to prepare a Project AGENDA~..ITEM/'~ Oesi~,,.e~ort ~oreach proposal ~¢C sha, approve the contact term~ .~_ ~ ~__~ for each proposed project and shall autho,i~e a. purchases. DEC 0 1 2 ORDINANCE NO. 2002-__ 3 4 5 AN ORDINANCE ESTABLISHING THE 6 CONSERVATION COLLIER PROGRAM; 7 PROVIDING FOR FINDINGS, PURPOSE AND 8 INTENT; POWERS; FORMATION, DUTIES AND 9 CO~IPOSITION OF ADVISORY BOARD; . 10 DURATION; PROVIDING FOR CONFLICT AND I1 SEVERABILITY; PROVIDING FOR INCLUSION IN 12 CODE OF LAWS AND ORDINANCES; AND 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15 16 WHEREAS, Collier County has studied various methods for the acquisition of 17 environmentally sensitive land for conservation, preservation and urban green space; and 18 WHEREAS, Collier County has Home Rule Powers established by the Florida 19 State Legislature pursuant to Florida Statutes, Chapter 125 and has the power to carry on 20 government to the extent not inconsistent with general law; and 21 WHEREAS, Collier County desires to provide a mechanism to equitably deal 22 with the implementation of the Community Character Plan, the Comprehensive Growth 23 Management Plan, which recommend acquisition of environmentally sensitive lands; and 24 WHEREAS, On Tuesday, November 5, 2002, the electorate of Collier County 25 authorized the County to levy a 0.25 mill ad valorem property tax for a period not to 26 exceed l0 (ten) years, for acquisition, protection, restoration, and management of 27 environmentally sensitive lands in Collier County for the benefit of present and future 28 generations; and 29 WHEREAS, Collier County's significant natural resources, productive estuaries 30 and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many 31 species of rare and endangered flora and fauna merit the most protection any county's 32 citizens' could offer; and 33 WHEREAS, It is the intent of the Board of County Commissioners of Collier 34 County to establish Conservation Collier to implement this mandate and to support its 35 purposes to the fullest, limiting ali uses of, and all investment earnings on, such levies to 3¢ sach pt poses; and 37 W'HEREAS, the Collier County Board of County Commissioners recognizes the 38 need for the creation of an advisory board to advise the County and the public in the 39 implementation of the program and the selection of project sites for acquisition; and 40 WHEREAS, Conservation Collier is a willing participant program. 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ' DEC 0 3 2002 I pg.~ I SECTION 1: Name: 2 This ordinance shall be known as Conservation Collier Implementation 3 Ordinance. 4 SECTION 2: Obiectives: 5 Conservation Collier is therefore hereby established to acquire, preserve, restore, 6 and maintain vital and significant threatened natural lands, forest, upland and wetland 7 communities located in Collier County, for the benefit of present and future generations. 8 SECTION 3 - Findings: 9 1. The foregoing recitals are true and correct and incorporated herein by reference. 10 2. Ali ad valorem funds merat'.d he'eby shall be collected by the Collier County i I Tax Collector. 12 3. The County Manager or his or her designee, shall administer this program in 13 accordance with the procedures and criteria provided for herein. 14 SECTION 4 - Purpose and Intent: 15 1. To acquire, protect and manage environmentally sensitive lands that contain 16 natural upland or wetland communities, native plant communities, rare and endangered 17 flora and fauna, endemic species, endangered species habitat, a diversity of species, 18 significant water resources, or outstanding aesthetic or other natural features, maximizing 19 protection of Collier County's rarest, most unique and endangered habitats; 20 2. To acquire, protect and manage environmentally sensitive lands which offer the 21 best human social value, including equitable geographic distribution, natural resource 22 based recreation, and protection of water resources, local ecological awareness, and 23 enhancement of the aesthetic setting of Collier County; 24 3. To acquire, protect and manage environmentally sensitive lands that serve to 25 recharge the County's aquifers and protect its wetlands and surface water resources to 26 ensure the delivery of clean and plentiful water supplies and provide flood control; 27 4. To acquire, protect and manage environmentally sensitive lands containing the 28 most biological value, including biodiversity, listed species habitat, connectivity, 29 restoration potential, and ecological quality; 30 5. To protect present conservation lands by acquiring, protecting and managing 31 adjacent properties which if not acquired, would threaten the environmental integrity of 32 the existing resource, or which, if acquired, would enhance and buffer the environmental 33 integrity of the resource, and add to resource connectivity; 34 6. To restore the natural functions, as necessary, to any impacted and vulnerable 35 habitats which would then contribute significantly to fulfilling this program's goals; 36 7. To help implement the objectives and policies of the Collier County Growth 37 Management Plan which have been promulgated to preserve and protect environmental 38 protection areas designated in the Plan and other natural forest resources, wetlands, DEC 0 3 2002 1 endangered species habitat, and vulnerable rare habitats; 2 8. To identify Collier County's best and most endangered environmental lands for 3 acquisition, protection and management by evaluating the biological and hydrological 4 characteristics and viability of the resource, the vulnerability of the resource to 5 degradation or destruction, and the feasibility of managing the resource to maintain its 6 natural attrib,,tes; 7 9. To m~nage ~.~uired er.vironmenta~!y sensitive lands with the primary objectives , 8 of maintaining and preserving their natural resource values, and providing appropriate 9 natural resource-based recreational and educational opportunities, by employing I0 managen 'nt tec.hniques that are most appropriate for each native community so that our 11 natural h .itage :nay be preserved and appreciated by and for present and future 12 generations; 13 10. To have the acquired sites availabl~ with minimal risk to the environmental 14 ih.cgrity of the site, to educate Collier County's school-age population and the general 15 public about the uniqueness and importance of Collier County's subtropical ecosystems 16 and natural communities; 17 1 I. To protect natural resources which lie within the boundaries of other conservation 18 land aceuisition programs, where Conservation Collier funds would leverage 19 significant other matching sources of funding for other agency acquisition projects that 20 would not be available without such a local match, or which would result in considerably 21 higher funding rank in another program; and, 22 12. To cooperate actively with other acquisition, conservation, and resource 23 management programs, including, but not limited to, such programs as the State of 24 Florida Conservation and Recreation Land:; program, the Land Acquisition Trust Fund, 25 Florida Forever, and Save Our Rivers program, where the purposes of such programs are 26 consistent with the purposes of Conservation Collier as stated hereinabove. 27 SECTION 5- Definitions: 28 The following words and phrases, when used in this chapter, shall have the 29 meanings ascribed to them in this section: 30 1. "Acquisition proposal" shall mean (a) parcel(s) of land which has/have been 31 nominated or recommended for conservat Jn in accordance with the procedures provided 32 for herein. 33 2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of 34 County Commissioners for conservation by the county in accordance with procedures 35 provided for herein. 36 3. "Authorized Purpose" means expenditures authorized herein. 37 4. "Non-profit organization" shall mezn an r~rganization as defined in section 501 of DEC 0 3 2002 P~' 7 the United States Internal Revenue Code, operating in Collier County, which includes 2 among its primary goals the conservation of natural resources and the protection of the 3 environment. 4 5. "Buffer land" shall mean that land which is adjacent to publicly-owned 5 environmental land, or privately held land permanently dedicated to conservation, or that 6 land which is an in-holding within publicly-owned environmental land, and which, if not 7 acquired, wou~d threaten the environmental integrity of the existing resource, or if 8 acquired, would enhance the environmental integrity and connectivity ofthe resource. 9 6. "Environmentally sensitive" land shall mean that land which contains natural 1 ( upland ¢ r wetland communities, native plant communities, rare and endangered flora and 1, fauna, endemic species, endangered species habitat, a diversity of species, significant t 2 water resources, or outstanding aesthetic or other natural features. 13 7. "Management" shall mean the preservation, enhancement, restoration, 14 conservation, monitoring, or maintenance of the natural resource values of 15 environmentally sensitive lands which have been acquired or approved for management 16 under Conservation Collier, including provision of appropriate 17 public access. ~8 8. "Target Protection Areas" shall mean larger areas of environmentally sensitive I9 land within which are located specific sites which generally satisfy the initial screening 20 criteria and meet the goals of Conservation Collier. 21 9. "Natural resource-based recreation" shall mean all forms of uses which are 22 consistent with the goals of this program, and are compatible with the specific parcel. 23 Such uses shall include, but not be limited to, hiking, nature photography, bird-watching, 24 kayaking, canoeing, swimming, hunting and fishing. 25 SECTION 6 - Creation of the Conservation Collier Acquisition Trust Fund. 26 Collier County shall establish the Conservation Collier Acquisition Trust Fund for 27 use in acquiring environmentally sensitive lands in Collier County. This fund shall 28 receive and disburse monies in accordance with the provisions herein. 29 I. The Conservation Collier Acquisition Trust Fund shall receive monies from the 30 following sources: 31 a. All monies accepted by Collier Cou~:y in t': form of federal, State, or 32 other governmental grants, reimbursements, allocations, or ?propriations, foundation or 33 private grants, donations for acquisition of environmentally sensitive lands and payments 34 provided for mitigation activity associated with such acquisition activity. 35 b. Such additional allocations as may be made by the Board of County 36 Commissioners from time to time for the purposes set forth herein. - · 37 c. All interest generated from the sources identified herein except where 38 monies received have been otherwise designated or restricted. AGENDA DEC 0 3 2002 1 d. Supplementation fi.om the Conservation Collier Management Trust Fund, 2 but only with the approval of the Collier County Board of County Commissioners. 3 e. Up to Eighty-five percent (85%) of all ad valorem revenues collected for 4 Conservation Collier. 5 f. · The pmc.eeds of any property acquired with funds from the Conservation 6 Collier Acquiei6on Truer Fund that is leased or sold by the County, said proceeds, as 7 determined by the Board of County Commissioners, to be committed either to the 8 Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management 9 Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in 10 accordance with the goals of this Program. 11 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a 12 separate and segregated trust fund of the County to be used solely for the authorized 13 purposes set f~rth herein. 14 3. Disbursements fi.om the Conservation Collier Acquisition Trust Fund shall be 15 made only for the following authorized purposes: 16 a. Acquisition of properties which have been approved for purchase by 17 resolution of the Board of County Commissioners. 18 b. Costs associated with each acquisition including, but not limited to, 19 appraisals, surveys, title search work, real property taxes, documentary stamps and surtax 20 fees, and other transaction costs. 21 c. Costs of administering Conservation Collier, including any loans from the 22 General Fund for funding start-up costs until such time as the fund is closed. 23 Administration of the program may be conducted by County staff or by contract with a 24 private or not for profit entity subject to meeting all County purchasing procedures. 25 Administrative costs shall be limited to the greatest extent possible. 26 d. To undertake and carry out studies and analyses of county conservation 27 land needs and ways of meeting those needs, limited to no more than $150,000.00 28 e. To acquire and dispose of real and personal property or any interest 29 therein when such acquisition is necessary or appropriate to protect the natural 30 environment, provide public access or public recreational facilities, preserve wildlife 31 habitat areas or Provide access to management of acquired lands; to acquire ~terests in 32 land by means of land exchanges; and to enter into alternatives to the acquis,don of fee 33 interests in land, including, the acquisition of easements, life estates, leases, and 34 leaseback arrangements. 35 f. Acquisitions consistent with Collier County land development regulations 36 and the Growth Management Plan. 37 g. To cooperate with other local, regional, state, or federal public land 38 acquisition programs. In such cases, the County may enter into contractual or other ~ No.AGENOA _(~ ITEM~/~ DEC 0 3 2002 Pg. ~ I agreements to acquire lands jointly or for eventual resale to other public land acquisition 2 programs in Collier County. 3 h. To borrow money through the issuance of bonds for the purposes provided 4 herein, to provide for and secure the payment thereof, and to provide for the rights of the 5 holders thereof. 6 i. To invest any funds held in reserves or sinking funds, or any funds not 7 required for immediate disbursement, in such investments as may be authorized for trust 8 funds under Florida Statutes, Section 215.47 as amended. 9 j. To insure and procure insurance against any loss in connection with any 10 of the trust's operations, including without limitation: 11 a. The repayment of any loans to mortgage lenders or mortgage loans; 12 b~ Any project; 13 c. Any bonds of the County; 14 Insurance may be procured in such amounts and from such insurers, including the Federal 15 Government, as may be deemed necessary or desirable by Collier County. 16 k. To engage the services of private consultants on a contract basis for 17 rendering professional and technical assistance and advice. 18 1. To identify parcels of land that would be appropriate acquisitions. 19 m. To do any and all things necessary or convenient to carry out the purposes 20 of, and exercise the powers given and granted herein to the full extent of the law. 21 SECTION 7 - Creation of the Conservation Collier Management Trust Fund: 22 There is hereby created the Conservation Collier Management Trust Fund 23 (hereinafter referred to as the Conservation Collier Management Trust Fund) for the 24 p. reservation, enhancement, restoration, consetwation and maintenance of environmentally 25 sensitive lands which either have been purchased with monies from the Environmentally 26 Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for 27 management. The Finance Director is hereby authorized to establish the Conservation 28 Collier Management Trust Fund and to receive and disburse monies in accordance with 29 the provisions of this section. 30 1. The Conservation Collier Management Trust Fund shall be maintained in a 31 separate and segregated trust fund of the County to be used solely for the authorized 32 purposes set forth herein. 33 2. The Conservation Collier Management Trust Fund shall receive monies from the 34 following sources: 35 a. Ad-valorem taxes collected for Conservation Collier in an amount not to 36 exceed 15°/,, of the total collected in any one year. 37 b. All monies accepted by Collier County in the form of federal, State, or 38 other governmental grants, allocations, or appropriations, as well as foundation or private DEC 0 3 2002 6 ,,. I grants and donations, for management of lands acquired with the Conservation Collier 2 Acquisition Trust Fund or otherwise approved for management. 3 c. Additional allocations as may be made by the Board of County 4 Commissioners as necessary from time to time for purposes strictly consistent with the 5 goals and purposes of Conservation Collier. 6 d. All interest genera,.~d fro~. the sour,:e~ identified herein, except where 7 monies received have b~en otherwtse designated or restricted. · ' 8 3. Disbursements from Ire Conservation Collier Management Trust Fund shall be 9 made by the County Manager or his or her designee only in accordance for the authorized 10 purposes set forth herein. 11 SECTION 8 - Land Acquisition Advisory Committee: 12 1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby 13 established to assist the Board of County Commissioners in establishing an Active 14 Properties Acquisition L~st with qualified purchase recommendations consistent with the 15 goals of Conservation Collier. 16 2. Appointment and Composition: The Land Acquisition Advisory Committee 17 shall be composed of nine (9) members who are appointed by and will serve at the 18 pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001- 19 55. Membership of the Land Acquisition Advisory Committee shall comprise broad and 20 balanced representation of the interests of Collier County citizens, including: 21 a. Environmemal and conservation interests in Collier County; 22 b. Agricultural and business interests in Collier County; 23 c. Educational interests in Collier County; and 24 d. General civic and citizen interests from throughout the county. 25 26 Individual members of the Land Acquisition Advisory Committee shall have expertise, 27 knowledge or interest in ecology, conservation of natural resources, real estate or land 28 acquisition, land appraisal, land management, eco-tourism or environmental education. A 29 nominee shall submit to the Board written evidence of his or her expertise, knowledge or 30 interest in any of the above. The members of this committee should include 31 representatives from different areas of Collier County. 32 3. Terms of Office: The initial terms of office of the members shall be staggered 33 between the individual interests, for balance purposes, and be set as follows: 34 a. Three (3) members shall serve three (3) years. 35 b. Three (3) members shall serve Two (2) years. 36 c. Three (3) members shall serve One (1) year. DEC 0 3 2002 7 1 Thereafter, all appointments shall be for a term of three (3) years. The process for 2 appointments and terms of office shall be governed by Collier County Ordinance 2001- 3 55. 4 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the 5 membership of the Committee shall elect a chairperson and vice chairperson from among 6 the members. Officers' terms shall be for a period of one (1) year, with eligibility for 7 reelection. 8 The presence of five (5) or more members shall constitute a quorum of the 9 Committee necessary to take action and transact business. The Committee shall, by I0 majority vote of the entire membership, adopt rules of procedure for the transaction of 11 business. The Land Acquisition Advisory Committee shall comply with the applicable 12 requirements of the Florida Sunshine Law, and shall keep a written record of meetings, 13 resolutions, findings and determinations in accordance with Chapter 112, Florida 14 Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be 15 submitted to the Board of Co-nty Commissioners. 16 5. Attendance and Vacancies: Committee member attendance requirements, 17 including failure to attend'meetings and member removal from office are governed by 18 Collier County Ordinance No. 2001-55, as amended. 19 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The 20 Land Acquisition Advisory Committee shall have the following duties and 21 responsibilities: 22 a. The Land Acquisition Advisory Committee's primary responsibility is to 23 recommend to the Board of County Commissioners an Active Properties Acquisition 24 List with qualified purchase recommendations consistent with the goals of Conservation 25 Collier and pursuant to the policies outlined 26 herein below. 27 b. The Land Acquisition Advisory Committee may, from time to time, 28 recommend to the Board of County Commissioners proposed expenditures from the 29 Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, 30 and programs; and other such matters as may be necessary to fulfill the purposes of 31 Conservation Collier. However, the goals and primary criteria of Conservation Collier 32 may not be modified except by countywide referendum vote. 33 c. The Land Acquisition Advisory Committee shall have no power or 34 authority to commit Collier County to any policies, to incur any financial obligations or 35 to create any liability on the part of the County. The actions and recommendations of the 36 Land Acquisition Advisory Committee are advisory only and shall not be binding upon 37 the County unless approved or adopted by the Board of County Commissioners. AGE A DEC 0 3 2002 I d. At such time as there are insufficient uncommitted funds in the 2 Conservation Collier Acquisition Trust Fund to conclude another acquisition and all 3 acquisition projects have been closed, the Land Acquisition Advisory Committee shall 4 report to the County Commission that its business is concluded. Ali remaining 5 Conservation Collier Acquisition Trust Fund monies shall then be transferred to the' 6 Conservation Collier Management Trust Funt2 7 '7. Review of the Land Acqmsit~on Advisory Committee: I'ne Land Acquisition 8 Advisory Committee shall be reviewed by the Board of County Commissioners every 9 four years in accordance with the provisions of Section Nine of Collier County Ordinance 10 No. 2001-55, as amended. 11 SECTION 9 - Property Eligible for Acquisition and Management: 12 I. Properties eligible to be considered for acquisition and management under 13 Conservation Collier shall be only environmentally sensitive lands available from willing 14 participants. 15 2. Acquisition of property shall not be constrained based on the immediate 16 availability of management money. 17 3. Any environmentally sensitive land not on the acquisition list which is offered for 18 conveyance or donation to Collier County and is proposed for management by 19 Conservation Collier shall be evaluated as provided for herein below and may only be 20 accepted and approved for management by the Board of County Commissioners. 2l SECTION 10 - Criteria for Evaluating Lands for Acquisition and Management: 22 1. The evaluation of each acquisition proposal shall be based on satisfying at least 23 two of the initial screening criteria below. Qualified sites shall then be further prioritized 24 by secondary evaluative criteria listed below under Section 2. The initial screening 25 criteria are: 26 a. Land with the most rare, unique and endangered habitats found in Collier 27 County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal 28 strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, 29 other native habitats. 30 b. Lands offering the best human social values, including equitable 31 geographic distribution, appropriate access for natural resource-based recreation, and 32 enhancement of the aesthetic setting of Collier County. 33 ¢. Land which protects the most water resource values, including 34 aquifer recharge, water quality, wetland dependant species habitat, and flood control. 35 d. Land containing the most biological value, including biodivemity, listed 36 species habitat, connectivity, restoration potential, and ecological quality. 37 e. Land which enhances and/or protects the envir, nmemal value ofcur:ent 38 conservation lands through function as a buffer, ecological lin2~, or ~.abitat co:iddor. AGENDA ITE. M DEC 0 3 2002 9 1 f. Any qualified land which meets at least two of the above criteria, and has 2 matching funds available and/or which Conservation Collier funds availability would 3 leverage a significantly higher funding rank in another acquisition program. Without 4 such funding circumstances, Conservation Collier funds shall not be available for projects 5 within the jurisdiction of another agency's acquisition boundaries. 6 2. Those proposed acquisition proposals which are initially qualified under the 7 screening criteria shall be evaluated and ranked by the staffand Land Acquisition 8 Advisory Committee using Secondary Ranking Criteria based on site visit information 9 which confirms or refutes the initial screening criteria evaluation, and based on 10 comparative size (to prefer larger of similar parcels), vulnerability to destruction (to 11 prefer most threatened of qualified parcels), overall resource ecological quality (to prefer 12 highest quality of similar parcels) and the estimated feasibility and costs of management 13 (to prefer most manageable parcels). 14 3. The Board of County Commissioners hereby shall approve and make a part hereof 15 the attached initial list of Target Protection Areas within which are located specific sites 16 which generally satisfy the initial screening criteria and meet the goals of Conservation 17 Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific 18 proposals will be evaluated and ranked by staff and the Land Acquisition Advisory 19 Committee for a recommendation of approval to the Board of County Commissioners. 20 In accordance with the goals, policies and procedures of Ordinance 2002-__, 21 Conservation Collier Implementation Ordinance, the following list is the first Target 22 Protection Areas adopted for consideration by the Land Acquisition Advisory 23 Committee, County Staff and the Board of County Commissioners. 24 1. All designated Urban lands on the Future Land Use Map of the Collier County 25 Growth Management Plan with predominantly native vegetative cover. 26 2. All Collier County Natural Resource Protection Areas and Sending Lands, as 27 shown on the Future Land Use Map of the Collier County Growth 28 Management Plan. 29 3. All undeveloped lands with predominately native vegetative cover in the 30 Northern Golden Gate Estates, as shown on the Future Land Use Map of the 31 Collier County Growth Management Plan. 32 4. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land 33 Use Map of the Collier County Growth Management Plan. 34 4. The County Manager shall prepare and periodically update for presentation to the 35 Board of County Commissioners, a Conservation Collier Program Manual, developed by 36 staff and the Land Acquisition Advisory Committee, which, upon approval by the Board - . 37 of County Commissioners, shall be used as a guide for implementing the provisions of 38 this ordinance, and shall also include the initial and secondary criteria listed herein above AGENDA ITE. M f) DEC 0 3 2002 1 for evaluating Conservation Collier Acquisition Proposals. Commencement of the 2 acquisition and management program shall be immediate upon approval by the Board of 3 County Commissioners, passage of the referendum and appointment of the Land ,~ Acquisition Advisory Committee, even if the manual has not been completed. 5 SECTION l 1 - Acquisition List: 6 The overall Conservation Collier Acquisition Li I shal; onsist of,w,,o specific 7 lists: the Target Protection Areas List and the Active Acquisition List. The Land 8 Acquisition Advisory Committee and Board of County Commissioners shall approve 9 both in accordance with the procedures set forth below: 10 1. The Target Protection Areas List shall consist of lands representing the hig, 'st 11 natural resource values (such as Natural Resource Protection Areas), but generally hot 12 specific parcels, and is initially approved by the Board of County Commissioners and 13 updated periodically by the Board of County Commissioners and Land Acquisition i 4 Advisory Committee. It is established and updated in accordance with Conservation 15 Collier goals, procedures and criteria. 16 2. The Active Acquisition List shall consist of criteria-qualified sites which have 17 been selected from Target Protection Areas, as well as qualified acquisition proposals 1 $ submitted to the Land Acquisition Advisory Committee by the public, all of whiclt have 19 received positive responses from property owners. The Active Acquisition List shall be 20 updated periodically according to Conservation Collier procedures and criteria. Site 21 acquisition proposals that receive the highest evaluations pursuant to the Conservation 22 Collier criteria and for which acquisition is feasible will be placed on this list, pending 23 approval by the Land Acquisition Advisory Committee and Board of County 24 Commissioners. 25 3. Once approved by the Board of County Commissioners, the County shall actively 26 pursue acquisition of projects on the Active Acquisition List. All sites shall be pursued 27 on a voluntary "willing participant" basis only, without the use of the County's eminent 28 domain powers. 29 4. Projects will only be removed from the Active Acquisition List by successful 30 purchase of the site, approval of the next succeeding list, withdrawal of positive interest 31 by the property owner, or by resolution of the Board of County Commissioners. Projects 32 removed may still be considered at a later time. 33 SECTION 12 - Nomination of acquisition proposals and candidate sites: 34 1. Specific site consideration will be given to all individual properties which lie 35 within the Target Protection Areas List and which have generated r, positive interest 36 response to a letter of acquisition inquiry sent by the County or county designated 37 c,~ntact. DEC 0 3 2002 " I 2. Public and landowner applications nominating properties for acquisition may be 2 submitted at any time, during or after the first annual public solicitation meeting 3 (described below), by any person or organization, including Collier County, regional, 4 State or Federal agencies. 5 3. All nominations shall be made by filing an application with the County Manager 6 or his designee, which will then be forwarded to designated staff and the Land 7 Acquisition Advisory Committee for review. 8 4. There will be an annual public meeting for the purpose of updating the Board of 9 County Commissioners and the public and for soliciting proposals and applications. The 10 first such meeting will take place at the end of the first yea of implementation of 11 Conservation Cpllier. 12 5. If the applicant has an ownership interest in any real property covered by an 13 application for proposed acquisition, such interest shall be disclosed in the same manner 14 as required of zoning applicants, as required by the Collier County Land Development 15 Code. This shall not apply to governmental applicants. 16 6. If the applicant does not have an ownership interest in the real property covered 17 by an application or if the applicant is a governmental agency, the name and address of I8 the owner as listed in the Property Appraiser's records sha'l be provided with the 19 application. 20 SECTION 13 - Procedure for selection of acquisition proposals for placement on 21 the Active Acquisition List and Subsequent Purchase Procedures: 22 1. Upon approval of the referendum and subsequently with each update of the Target 23 Protection Areas list, county staff will send letters of inquiry to all property owners 24 within these Target Protection Areas. Positive responses will be forwarded to designated 25 staff for preliminary review, using the initial screening criteria. 26 2. After the first annual public solicitation of nominations, landowner and publicly 27 nominated projects will be forwarded first to county staff for the mailing of inquiry 28 letters. Designated staff using the initial screening criteria will review all positive 29 responses. 30 3. Nominated properties that do not fulfill the purposes of Conservation Collier or 31 do not satisfy the initial criteria will be reported to the Land Acquisition Advisory 32 Committee and shall not be evaluated further unless at least five [5] members of the Land 33 Acquisition Advisory Committee vote for a complete evaluation. 34 4. Proposals which satisfy the initial screening are forwarded to the Land 35 Acquisition Advisory Committee and staff for secondary criteria review and ranking. 36 Staff shall send along with each proposal: boundary and location maps for each site, 37 descriptions of the biological and hydrological characteristics, including initial criteria 38 satisfied, a summary of its potential for appropriate use, development potential of the site AGENDA ITEM/') DEC 0 3 2002 ~2 Pg. /~ I and adjacent land, an assessment of the management needs and costs, the assessed value, 2 and any potentially available matching funds. This acquisition proposal information shall 3 be the Initial Criteria Screening Report. 4 5. Upon completion of the Initial Criteria Screening Report, the Land Acquisition 5 Advisory Committee shall hold a public hearing to consider the recommendations 6 regarding each site, the applicants' and/or landowners' comments, and c6mments i~om 7 the public. A courtesy notice shall be provided to the owners of properties which are the 8 subject of the hearing, although failure to notify said owners shall not invalidate these 9 proceedings. The Land Acquisition Advisory Committee shall evaluate all qualified 10 proposals using the secondary ranking criteria, t ~ Initial Cr teria Screening Report, and 11 public comments, then propose top-ranked proposals for the Active Acquisition List at 12 this hearing. Subsequent meetings may be called to complete this task. 13 6. County staff shall coordinate initial site visits with Land Acquisition Advisory 14 Cc;mmittee and interested landowners of top-ranked proposals that are proposed for the 15 Active Acquisition List. Staff shall write Site Visit Reports regarding all initial site 16 visits. 17 7. Upon completion of the staWs initial site visit reports, the Land Acquisition 18 Advisory Committee shall convene a public ~earing to recommend additions to, and 19 approve the Active Acquisition List for submittal to the Board of County Commissioners. 20 Coordination will be made with any potential matching funds entities, as necessary. 21 8. The Board of County Commissioners, in a public meeting, shall vote on whether 22 to approve all or part of the proposed Active Acquisition List and any additions that may 23 be added to it. Additions may be added but any additional properties must be subjected 24 to the entire evaluation process. After approval of the list, the Board of County 25 Commissioners will direct staff to prepare a Project Design Report for each project, 26 including appraisals, title research, history and purpose of project, and program 27 qualifications. 28 9. Upon completion of the Project Design Reports, the Land Acquisition Advisory 29 Committee shall hold a second public meeting to decide, by majority vote, which projects 30 are recommended to proceed to negotiations. ti 10. The Board of County Commissioners after approval of the Active Acquisition 32 List and the Land Acquisition Committee's recommendations for negotiations, will 33 instruct County staffto negotiate for purchase for each listed project, with optional use of 34 a third party non-profit organization negotiator, as authorized by the Board of County ~ ~ Concrnissioners. 36 11. Upon successful completion of negotiations, County staffwill present to the Land 3. Acq 4sition .Advisory Committee the proposed contract terms for the committee's review 3~; and ,'ecommcndations. County staff will forward the recommendations of the Land DEC 0 3 2002 I Acquisition Advisory Committee to the Board of County Commissioners for contracts 2 recommended for approval and for contracts that should not proceed as negotiated. 3 12. The Board of County Commissioners shall approve the contract terms for each 4 proposed project and shall authorize any and ali purchases. 5 SECTION 14 - Management plans and use of environmentally sensitive lands: 6 1. No later than Sixty [60] days from the date of acquisition, an interim management 7 plan for any property acquired shall be submitted by County staff to the Land Acquisition 8 Advisory Committee for approval. Upon approval, the plan shall be submitted to the 9 Board of County Commissioners for final approval and shall be implemented by the 10 County Manager pursuant to ti ' Board's direction. Any such interim management plan(s) I 1 shall not be implemented for Lore tkan two (2) years aRer acquisition of the property, 12 prior to the expiration of two [2] years, either a new management plan shall be 13 implemented or, by affirmative action of the Board, the interim plan shall continue. 14 2. A final management plan, with required review and updating every ten years, 15 shall be prepared, with review and input of the Land Acquisition Advisory Committee, 16 for each property acquired by Conservation Collier which shall: 17 (a) Identify such management activities as are necessary to preserve, enhance, 18 restore, conserve, raaintain, or monitor the resource, as appropriate; and 19 (b) Identify such uses as are consistent with the preservation, enhancement, 20 restoration, conservation, and maintenance of the resource; and 21 (c) Estimate the annual costs of managing the project. 22 3. Annually, the ten-year management plans prepared during the preceding year 23 shall be submitted to the Board of County Commissioners for its approval. Each ten-year 24 management plan shall be updated at least every five (5) years from the last date of Board 25 approval, and may be amended as often as required. Management plan updates and 26 amendments shall be reviewed by the Land Acquisition Advisory Committee for their 27 input and recommendations and then submitted to the Board of County Commissioners 28 for approval. 29 4. All management plans shall be consistent with the purposes set forth herein. All 30 properties acquired or managed through Conservation Collier shall be managed in 31 accordance with the ap' :oved management plan for that property. 32 5. No use, infrast:ucture, or improvement shall be permitted on any property 33 acquired or managed under Conservation Collier that is inconsistent with the purposes of 34 the program or that is not provided by an approved management plan for the property. 35 6. The County will seek cooperative management arrangements with other agencies 36 and entities, in keeping with the approved management plans and goals of Conservation 37 Collier. DEC 0 3 2002 14 P'._ /~17 1 7. Purchasing land using Conservation Collier program funds permanently 2 extinguishes all development fights except those strictly compatible with the purposes 3 and goals of Conservation Collier. 4 8. Public access is an important element of management and this Program. 5 Examples of permitted uses, subject to compatibility with specific parcels, include: 6 hiking, naturo, photography, birdwatching, kayaking, canoeing, swimming, huntin~ and ' fid,~ng. The I.:og:am wi~l also make the acquired sites available, ,.,,!t~ minimal risk '? the , , 8 environmental integrity of the s~te, to educate Collier Count3e's school-age impulation and 9 the general public about the uniqueness and importance of Collier County's subtropical 10 ecosystems ant ~atura! communities. 11 SECTION 15 Responsibilities of the County Manaller: 12 The County Manager shall facilitate such activities, designate such staff, and 13 assign such responsibilities as are necessary to fulfill the purposes of this chapter. The 14 manager shall, at a minimum, do he following: 15 I. Designate staffto evaluate acquisition proposals in accordance with the approved 16 criteria and prepare and implement project management plans. 17 2. Make recommendations to the Land Acquisition Advisory Committee on 1 $ acquisition proposals. 19 3. Designate a negotiation resource committee to develop negotiation strategies for 20 approved acquisition projects, to monitor negotiations, and to assist in coordinating all 21 activities relating to negotiations, purchase agreements and closings, as needed. The 22 Negotiation Resource Committee shall include at least one (1) representative from the 23 Real Property Department, the Environraental Services Department, the Department of 24 Facilities Management, the Parks and Recreation Department, and The County Attorney. 25 SECTION 16 - Sunset of the Conser~'ation Collier Ad Valorem Tax: 26 1. The Conservation Collier special tax revenue will sunset after 10 (ten) years, 27 unless reauthorized through similar voter referendum approval. 28 2. The Management Trust Fund continues in perpetuity, as long as Conservation 29 Collier lands remain in county hands. 30 SECTION 17 - Inclusion in the Code of Laws and Ordinances: 31 The provisions of fils Oldinanf shall become and be made a part of the Code of 32 Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be 33 renurnbered or re-lettered to accomplish such, and the word "ordinance" may be changed 34 to "section,' "article,' or any other appropriate word. 35 S.~ECTION ig - ColJflict and Severability: 36 In the event this Ordinance conflicts with any other Ordinance of Collier County 37 or c ~her app:~cable low, the more restrictive shall apply. If any phrase or portion of the 38 Or~'.'nanc¢ is held iw'alid or unconstitutional by any court of competent jurisdiction, such DEC 0 3 2002 1 portion shall be deemed a separate, distinct and independent provision and such holding 2 shall not affect the validity of the remaining portion. 3 SECTION 19 - Effective Date: 4 This Ordinance shall take effect only upon the passage of the November 5, 2002 5 referendum levying up to 0.25 mills of ad valorem taxes for a period often (10) years to 6 fund the acquisition of environmentally sensitive lands and its being filed with the 7 Florida Department of State. 8 9 PASSED AND DULY ADOPTED by the Board of County Commissioners of 10 Collier County, Florida this ~ day of ,2002. 11 12 13 Attest: BOARD OF COUNTY COMMISSIONERS 14 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 15 16 17 By: By: 18 Deputy Clerk JAMES N. COLETTA, Chairman 19 20 21 22 Approved as to Form and Legal Sufficiency: 23 25 J~a~que~ne Hubbard Robinson 26 A'~istant County Attorney DEC 0 3 2G. 2 The HOnorable November 17, 2002 , Fred Coyle ,. . Board of Collier'County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Please Note: Although it is my privilege to serve as the Mayor of the City of Naples, my comments are my own. Dear Fred, The Conservation Collier proposal is a noble and worthwhile effort. It is obviously the result of fireless dedication, hard work and hours of attention to detail on the part of many, many people and may well represent the last, best opportunity for Collier County to purchase env/ronmenmlly sensitive land. I supported the proposal and I voted for it, however I attended your meeting to bring two issues regarding the Conservation Collier 2002 draft ordinance to your attention. Issue # 1) Under the draft ordinance, lands proposed for acquisition h~rithin another agency's jurisdiction" require matching funds to be eligible for consideration. Since "agency" is not defined, I must assume the term includes all government agencies - even municipalities. City of Naples taxpayers contribute about 20% of Collier County's ad valorem taxes, Our citizens could find themselves paying 20% of your share as well as 100% of our share - or as much ar~ 70° ~ - for properties located within our city limits. I respectfully request the Board of Collier County Commissioners consider adding a definition to the draft ordinance for 'agencf' that excludes municipal/ties from the requirement for matching funds. )'ssu,; #2) Under the draft ordinance, lands submitted for purcha.~e wit. b. ins mun cip~ty's boundaries would be purchased by, and 'titled to, Collier County. There is a reference to the possibility of "joint acquisition" [in Section 6 Paragraph 3(g) 'Creation of the Conservation Collier Trust Fund"), and a reference to 'joint management" (in Section 14 Paragraph 6 "Management Plans and use of environmentally sensitive lands"), but these references are neither clear nor specific. I respectfully request the Board of Collier County Commissioners consider whether or not the provisions in the draft ordinance adequately address the acquisition and management of property located within municipal boundaries. Thank you most sincerely for your time and attention. Very truly yours, Bonnie R. MacKenzie Copy to: Honorable Members of the Collier County Board of Commissioners County Manager Jim Mudd County Attorney David Weigle City Manager Kevin R~mbosk Ellin Goetz, Conservation Collier 2002 Ellie Krier, Conservation Collier 2002 DEC - 3 2002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SECOND AMENDMENT TO THE INTERLOCAL GOVERNMENT AGREEMENT WITH THE CITY OF NAPLES FOR THE DEVELOPMENT OF THE HAMILTON HARBOR MARINA PROJECT. OBJECTIVES: To have the Board of County Commissioners approve a second amendment to an Inteflocal Government Agreement (IGA) between the City of Naples and Collier County having the effect of granting to the City of Naples jurisdiction to review and approve a land use development order for the Hamilton Harbor marina project, including that portion of the project lying within the County. The project site consists of approximately 175.44 acres of land of which 154.42 acres lie within the City of Naples and 21.02 acres lie within Collier County. BACKGROUND: On April 13, 1999 the County and the City of Naples (the City) entered into an IGA for the coordinated planning and review of the Hamilton Harbor marina project (the Project). On June 2, 1999, the City adopted development approvals for the Project, which approvals were consistent with the IGA. On June 22, 1999, the County and the City executed an amendment to the IGA, which clarified certain paragraphs of the IGA. On September 28, 1999, pursuant to the IGA, as amended, the County adopted Ordinance No. 99-68, which rezoned that portion of the development site lying within the County to "Planned Unit Development" consistent with the City's development parameters for the Project. On April 5, 2000, the City repealed their development approvals, which resulted in litigation between the City and the developers/owners. On October 11, 2002, the City and the developers/owners reached a Conditional Settlement Agreement whereby the City would agree to review applications for approval of a sm~.ller marina project. The Conditional Settlement Agreement requires an amendment to the IGA to assure consistency between the IGA and the allowed development parameters set forth in the Conditional Settlement Agreement. The purpose of this second amendment to the IGA is to change the development parameters to reduce the intensities of the Project and the impacts on the environment. CONSIDERATIONS: The original project consisted of 124.29 acres of which only 21.02 acres were located within the jurisdiction of the County. In order to coordinate i ~terlocal planning, insure consistent development standards, and promote 9ove'nm¢ ~t efficiency, the County approved the original IGA providing for the review and approval of the Project to be conducted by the City of Naples. Building and development permits for vertical/structure construction for the Project were to be "subject to processing, review and approval by the local government within whose jurisdiction the property is located on which such building or development permit is requested." The Conditional Settlement Agreement provides for a smaller marina project and revised development parameters representing a reduction in intensity and environmental impacts as compared to the original project. The revised development i~ra~NDAITEM DEC 0 3 2002 / 1. An increase in the acreage of the Project site to 175.44 acres. Only 21.02 acres of the Project site are located within the jurisdiction of the County, 2. A reduction in the number of dry boat slips on the County parcel from 450 to 325, 3. A reduction in maximum building height of the dry storage facility on the County parcel from approximately 50 to 42 feet, 4. A reduction in mangrove impacts from approximately 2.5 acres to less that 1 acre on the County parcel, 5. The addition of a provision for a small, 3000 square foot, educational facility, 6. A provision for transportation impact fees to be paid directly to the County since the roadways serving the Project are County roadways, 7. The provision for a uniform set of development standards, both horizontal and vertical, for the entire project, the development standards being those of the City of Naples, 8. The City of Naples will have sole jurisdiction to process the development applications for the entire Hamilton Harbor marina project and issue any building permits, both horizontal and vertical, for construction including that portion of the Project lying within the County. FISCAL IMPACT: This IGA proposes that only transportation impact fees be paid to Collier County. Similar County projects would also be assessed impact fees for EMS, fire, and jail services. GROWTH MANAGEMENT IMPACT: Inasmuch as the original CDC PUD for that portion of the Hamilton Harbor project in unincorporated Collier County was approved for marina, open space, and residential uses; and, the Hamilton Harbor PUD, as approved in 1999 under the present GMP, was deemed to result in the same or less intensity of use as the original CDC PUD; and, the use intensity as specified in the October 11, 2002, Conditional Settlement Agreement is less than that allowed by the presently existing Hamilton Harbor PUD; it is staff's opinion that the proposed second amendment to the Hamilton Harbor IGA may be found consistent with the GMP. RECOMMENDATION: That the Board of County Commissioners approve the second amendment to the lnterlocal Government Agreement between the City of Naples and Collier County authorizing the City of Naples to review and approve development applications for the entire Hamilton Harbor marina project and issue permits for construction including that portion of the Project lying within the County. PRE DATE: //'"'/'3~"'- ~ ~> MARGAR ET/~/~U ERSTLE, A'rC'P PLANNING SERVICES DIRECTOR ~..-~ / JOSEPH K. SCHMITT, ADMINISTRATOR Ar_,E-~,~, iTEM ,'3 ;OMMUNITY DEV. AND ENVIRONMENTAL SERVICES Ne._ ; _~'""(-.~' DEC 0.3 2002 SECOND AMENDMENT TO INTERLOCAL GOVERNMENT AGREEMENT This Agreement, is made and entered into this __ day of ., 2002, by and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State of Florida ("County"), pursuant to the authority set forth in Sections 125.01,163.01,163.3171(I), 163.3171(3) and 166.021, Florida Statutes (2002'. for the purpose of amending that certain Interlocal Government Agreement entered into by the City and County on April 13, 1999, and recorded in the Public Records of Collier County at Official Record 2582, Page 2615 ("the Interlocal Government Agreement"). Recitals: A. On June 2, 1999, pursuant to the Interlocal Government Agreement, the City adopted Resolution 99-8540, Ordinance 99-8544 and Ordinance 99-8545, consisting of a small scale comprehensive plan amendment for a portion of the property, a rezoning (to "planned development") and DSEI approval for the entire Hamilton Harbor marina project, the legal description of which is attached hereto and incorporated by reference herein as Exhibit 1 ("the Subject Property"). B. On June 22, 1999, the City and County amended Paragraphs 5 and 6 of the Interlocal Government Agreement, by formal written agreement recorded in the Public i~ecords of Collier County at Official Record 2582, Page 2624 ("the First Amendment"). C. On September 28, 1999, pursuant to the existing Interlocal Government Agreement, as amended, the County adopted Ordinance No. 99-68, which rezoned that portion of the Subject Property lying,within the County (approximately 21+ acres) to "planned unit DEC 0 3 2002 development" in accordance with the City's PD Zoning Ordinance No. 99-8545. Through Ordinance No. 99-68, the County also adopted and ratified the City's PD Zoning Ordinance No. 99-8545 as the land use, development and other standards applicable to that portion of the Subject Property lying within the County. D. On April 5, 2000, the City repealed the appro~,als listed in Paragraph A above. E. As a result of the City's repeal of the approvals, the owners/developers of the Subject Property initiated litigation with the City. F. On October 11, 2002, in an effort to resolve the litigation, the City and the owners/developers of the Subject Property entered intb a Conditional Settlement Agreement, whereby the City agreed to reviexv dex:elopment applications for a revised Hamilton Harbor marina project, consistent ~vith certain "Revised Project Parameters." The Conditional Settlement Agreement requires submission to the City of certain development petitions, including a Development of Significant Environmental Impact ("DSEI"), a General Development Site Plan ("GDSP'), a Conditional Use application, and a rezoning application (collectively, "the Revised Project Approvals"). A copy of the Conditional Settlement Agreement is attached hereto as Exhibit 2. G. Paragraph 5 of the Conditional Settlement Agreement requires an amendment to the Interlocal Government Agreement, as amended, so as to all°w for the Revised Project Approvals as set forth in the Conditional Settlement Agreement. By execution of this Second Amendment to Interlocal Government Agreement, the City and County intend to satisfy Paragraph 5 of the Conditional Settlement Agreement. H. Approximately 154 acres or' the Hamilton Harbor project lie within the City and approximately 21 acres lie within the Cour, ty. 'lhe City and CoUnty recognize that thj,~a3 '~,.,g~,..N~/9 I . DEC 0 3 2002 of the land comprising the Hamilton Harbor marina project, including the water access and shoreline, and most of the resources that may be impacted by the Hamilton Harbor marina project lie within the City. I. The City and County agree that in order to assure an orderly process, ensure consistent development standards and promote governmental efficiency, the development approval procedures for the entire Hamilton Harbor marina project, including that portion lying within the County, will be conducted by the City. J. The City and County agree that, in an effort to coordinate the planning and review of the Hamilton Harbor project, a single set of substantive standards and building parameters should apply to the entire Hamilton Harbor marina project. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of the Hamilton Harbor marina project, the City and County hereby agree as follows: 1. The foregoing Recitals are adopted and incorporated by reference as if set forth fully here. 2. The County has reviewed the Conditional Settlement Agreement, together xvith the Revised Project Parameters and contemplated Revised Project Approvals set forth therein, and agrees that the City shall have sole jurisdiction to process the development applications for the entire Hamilton Harbor marina project, including that portion of the project lying within the County. 3. The County agrees that the Revised Project Parameters and the City's land development regulations shall apply to the entire Hamilton Harbor marina project, including that portion of the project lying within the County. 0 3 2002 4. The City agrees that the Revised Project Approvals, if approved, for the entire Hamilton Harbor marina project shall not exceed the uses, heights, intensities, densities and approximate locations of facilities as set forth in Exhibit 3, attached hereto. 5. Upon the City's adoption of the Revised Project Approvals, if approved, the County shall ratify same and rezone that portion of the'Subject Property lying within the County to "Planned Unit Development" in accordance with the Revised Project Approvals. The legal description of the portion of the Subject Property lying ~vithin the County is attached hereto as Exhibit 4. 6. After adoption and ratification of the Revised Project Approvals by the City and County, respectively, building and site development permits for infrastructure and vertical construction for the entire Hamilton Harbor marina prvject shall be subject to processing, review and approval by the City in accordance xvith its land development regulations. 7. Upon issuance by the City of any building permit for construction occurring within the County, payment of all applicable transportation impact fees shall be made to the County, in accordance xvith the County's Consolidated Impact Fee Ordinance. 8. The City shall have sole jurisdiction to process any proposed amendments to the Revised Project Approvals, whether or not those amendments affect or change the development occurring on property within the County. In the event such proposed amendments exceed the Revised Project Parameters or those standards set forth in attached Exhibit 3, the County shall have authority to review and approve any proposed amendments to development orders applicable to that portion of the Subject Property locate-I within the County. 9. This Second Ar:~endment to the Int~rloc~t Government Agreement shall have the effect of abrogating and replacing the original Interlocal Government Agreement, as me~ed. DEC 0 3 2002 10. This Second Amendment to Interlocal Government Agreement shall be effective for a period of twenty (20) years from the day and year first above written, and shall automatically renew for four (4) additional twenty (20) year time periods unless the City or the County gives at least sixty (60) days prior written notice to the other, prior to an automatic renewal date, that this Agreement shall not be automatically renewed and shall expire. ATTEST: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By:. DWIGHT BROCK, Clerk JAMES N. COLETTA, Chairman Ap~oved as to form and legal sufficiency: ~q.',._DAVID C. WEIGEL, County Attomey ATTEST: CITY OF NAPLES, FLORIDA By: TARA A. NORMAN, City Clerk BONNIE R. MacKENZIE, Mayor Approved as to form and legal sufficiency: ROBERT D. PRITT, City Attorney DEC 0 3 2002 EXHIBIT 1 Legal Description All that par~ of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section. 22; thence along the east line of said Section 27, South 00'23'12" 'West 2328.64 feet; thence leaving said section line South 89'32'18" West 1290.14 feet; thence North 00'27'34" West 331.71 feet; thence northeasterly 846.91 feet along the arc ora tangential circular curve concave to the southeast having a radius of 800.00 feet through a central angle ¢ '60'39'19" md being subtended by a chord which bear~ North 29'52'06" East 807.91 feet to a point of reverse cur ,ture; thence northerly 101 !.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77'10'46" and being subtended by a chord which bears North 21'36'21" East 936.52 feet; thence North 16'59'02" West 450.59 feet; thence North 50'00'29" East 226.72 feet thence northeasterly 113.41 feet along the arc ora tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43'19'08" and being subtended by a chord which bears North 28'26'43" East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc ora tangential circular curve concave to the west having a radius of 480.00 fe~t through a central angle of 38'18'13" and being subtended by a chord which bears North 12'21'57" West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the arc ora tangential circular curve concave to the east having a radius of 100.00 feet through a central angle of 62'50'20" and being subtended by a chord which bears North 00'05'54" West 104.26 feet to a point of reverse curvature; thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54'30'00' and being subtended by a chord which bears North 04'04'16" East 164.83 feet; thence North 23'10'44" West 123.01 feet; thence northwesterly and easterly 197.05 feet along the arc ora tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 112'54'00" and being subtended by a chord which bears North 33'16q6" East 166.68 feet; thence North 89'43'16" East 110.00 feet; thence easterly and northwesterly 213.10 feet along the are of a tangential circular curve concave to the northwest having a radius of 100.00 feet through a central angle of 122'06'00" and being subtended by a chord which bears North 28'40'16" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the are ora tangential circular curve concave to the east having a radius of 50.00 feet through a central angle of 90' 10'20" and being subtended by a chord which bears North 12'42'26' East 70.82 feet; thence North 57'47'36" East 67.46 fe~; th ace northerly and northwesterly 194.01 feet along the are ora tangential circular curve concave to the west having a rt ius of 75.00 feet through a central angle of 148'12'45" and being subtended by a chord which bears North 16'18'46' West 144.27 feet; thence South 89'34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the arc of a tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90'00'00" and being subtended by a chord which bears South 44'34'51" West 141.42 feet; thence South 00'25'09" East 169.99 feet; thence southwesterly 62.98 feet along the arc of a tangential circalar curve concave to the northwest having a radius of $0.00 feet through a central angle of 72'10'28" ~'ind bein:~ subten ted by a .',hord vhich b ars Sou~h 35'40 ~n" woo, no ,w~ ?e-.t; ~C, Et~5/,~. DEC 0 3 2002 P~. ~ _ thence South 71'45'19" West 116.04 feet; thence southwesterly and southerly 248.54 feet along the arc of a tangential circular curve concave to the southeast having a radius of 150.00 feet through a central angle of 94'56'03" and being subtended by a chord which bears South 24'!7'18" West 221.07 feet; thence South 23'10'44" East 123.01 feet; thence southerly and southwesterly 101.05 feet along the arc ora tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115'47'4 I" and being subtended by a chord which bears South 34'43'14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the arc of a tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66'41'32# and being subtended by a chord which bears North 54'02'10" West 241.87 feet; thence North 20'41'24" West 195.01 feet; thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of 63'54'40" and being subtended by a chord which bears North 11'15'56" East 296.39 feet to a point ofreverse curvature; thence northeasterly, ,orthe.-ly ard northwesterly 516.02 feet along the arc of a tangential circular curve concave to the west having a radius Jf300. :30 feet through a central angle of 98'33'08" and being subtended by a chord which bears North 06'03'18' West 454.72 feet; thence North 55'19'52" West 528.65 feet; thence North 02'23'16H East 275.02 feet; thence northeasterly 77.62 feet along the are ora tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 88'57'04" and being subtended by a chord which bears North 46'51'48" East 70.06 feet to a point of reverse curvature; thence northeasterly 731.46 feet along the arc ora tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34'55'29" and being subtended by a chord which bears North 73'52'36" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 134.88 feet along the arc ora tangential circular curve concave to the west having a radius of 50.00 feet through a central angle of 154'33'46" and being subtended by a chord which bears North 20'52'02" West 97.55 feet to a point of reverse curvature; thence westerly and northeasterly 71.31 feet along the arc of a tangential circular curve concave to the northeast having a radius of 35.00 feet through a central angle of 116'44'18" and being subtended by a chord which bears North 39'46'46" West 59.60 feet; thence North 18'35'23" East 68.45 feet; thence North 13'49'59" East 340.07 feet; thence North 07'00'50" East 161.59 feet; thence North 82'59' 10" West 35.00 feet; thence North 07'00'50" East 14.74 feet; thence North 89' 18'51" East 527.45 feet; thence South 00' 13'12" East 335.51 feet; thence North 89'24'52" East 1333.23 feet; thence North 00'32'30" West 30.00 feet; thence North 89'24'52" East 50.00 feet; thence South 00'32'30" East 537.45 feet; thence south 89'29'24" West 916.48 feet; thence South 00'06'04" East 453.00 feet; thence south 89'2.e .~4" West 470.01 feet; thence South 00'0 '04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 124.33 acres more or less. Ali that part of Section 27, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the Northeast comer of said Section 27; thence along the east line of said Section 27 South 00'23'12~ West 2690.18 feet to the Point of Beginning ~fthe i~lk-~D~ i'n:~l t3 ! DEC 0 3 2002 Pg. q herein described; thence continue along said Section line South 00'23'14" West 2689.01 feet to the South line of said Section 27 thence along said South line South 89'31'09' West 758.84 feet; thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, O.R. Book 1143, pages 1303-i 304, Collier County, Florida in the following four described courses; 1) Northerly 956.29 feet along the arc ora tangential circular curve concave to the east having a radius of 4446.88 feet through a central angle of 12'19'17" and being subtended by a chord which bears North 00'07'24" East 954.45 feet; 2) North 06'17'02" East 770.62 feet; 3) Northerly and Northwesterly 656.57 feet along the arc ora tangential circular curve concave to the Southwest having radius of 517. 14 feet through a central angle of 72'44'36" and being subtended by a chord which bears North 30'05' 16' West 613.35 feet to a point of reverse curvature; 4) NorthWesterly and Northerly 549.88 feet along the arc of a iangdntial circular curve concave to the Northeast having'a radius of 477.36 feet through a central angle of 66'00'00"and being subtended by a chord which beam North 33'27'33' West 519.98 feet to the South line of Government Lot I thence along the South line of said Government Lot I and leaving said Bulkhead line North 89'32'16" East 1284.80 feet to I ~' PoirLt of Beginning of the parcel herein described. Su~ ~ect to easements, reservations, rights-of-way and restrictions of record. Containing 51.11 acres more or less. Bearings are based on the east line of said Section 27 being South 00'23'13 West (per State Plane Coordinate System, Florida East Zone, NAD 83 Adjustment). Total Parcel Contains 175.44 Acres more or less. DEC 0 3 2002 EXHIBIT 2 CONDITIONAL SETTLEM'ENT AGREEMENT THIS CONDITIONAL SETTLEMEI~ AGREEMENT ("Settlement Agreement") is made and entered by and between Collier Enterprise.q, Ltd., Collier Development Corporation, Hamilton Harbor, Inc., their successors and/or assigns (collectively "Hamilton Harbor"), e/o Collier Enterprises, 3003 Tamiami Trail North, Naples, Florida 34103, and the City of Naples ("City"), a political subdivision oft. he State of Florida, 735 Eighth Street South, Naples, Florida 34102. WlTEREAS, this Settlement Agreement addresses that certain real property on the east side of Naples Bay mediately south and east of Bayview Park located in Collier County and the City of Naples, which is more' particularly described in the attached Exkibit "A" ("Subject Property"). : WliEREAS, in 1999, the City CoUncil approved 'Resolution 99-8540, Ordinance 99- 8544 and Ordirmace 99-8545, consisting of a small scale Comprehensive Plan Amendment, a rezoning and DSEI approval for a mariaa known as the Hamilton Harbor Project, all of which were challenged by third parti~. WI:i~REAS, on April 5, 2000, the City repealed the previously listed appmval~ for the Hamilton Harbor Project. WlTI*.~, Hamilton Harbor filed aait against the City, styled Collier Enterprise~, Ztd., et al. v. 27te City of graples, Collier County Circuit Court Cas~ No. 00-1562423., claiming damages in the amount of $25,000,000 ("Circuit Court Ca~e"). WITEREAS, Hamilton Harbor also filed with the City a claim pursuant AGENOA ITr*~ Harris, Jr., Private Property Rights Protection Act, which is ripe for filing but has ~ ~t at ~[tfs-time-. DEC 0 3 2002 .=. // been filed in Circuit Court, claiming damages in the amount of $19,192,000 to the Subject Property (the "Harris Act Claim"). WHEREAS, the part/es acknowledge that the issues m'~sed by the Il,mis Ac, Claim and the Circuit Court Case may be open to question and interpretation, and that the outcome of the claim and litigation is uncertain. WHEREAS, the parties have engaged in settlement negotiations which have resulted in this Settlement Agreement, which has been considered by the City Council at a duly noticed public hearing. ~VIIEREAS, the Settlement Agreement resolves all existing and potential claims between the parties relating to the Harris Act Claim and the Circuit Court Case as set foFtla herein. NOW, THEREFORE, in consideration of the mutual agreements and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to settle this dispute, the Harris Act Claim and the Circuit Court Case, as follows: I. Recitals Incorporated. The above recitals are tree and correct and are incorporated herein. 2. Settlement of Contested Disputm. This Settlement Agreement is being entered into in order to settle contested disputes. No party admits any liability. 3877n_{- ~mvo2 2 D[C 0 3 2002 3. Revised Proiect Parameters. The revised Hamilton Harbor Marina project, if approved in accordance with the required public hearings pursuant to this Settlement Agreement, shall have the following project parametersX: a. ' The marina basin, channel and related facilities shall be dredged and constructed primarily on impacted uplands, and generally in accordance' with the attached Exhibit "B", and shall comply with the recommendations of Samuel C. Snedaker, Ph.D., as set forth in his report of June 7, 2002, or with such other enhancements as may be agreed upon by Hamilton Harbor and the City's Natural Resources Director. Wetland impacts shall occur in areas having the least environmental value. These recommendations or other enhancements shall 'be an element of any Conditional Use approval. b. The portion of the Subject Property in the City upon which the marina basin, channel and related facilities will be constructed shall be located entirely within the area shown as Transitional Conservation on the attached Exhibit "C" in accordance with the boundary line determined by the City's biologists. x This Settlement Agreement does not grant any approvals and does not obligate the to grant any approvals. 18T'/$:t_1- lO/Ol/O1 3 DEC 0 3 2002 c. The maximum number of wet slips shall be 40 and the maximum number of dry slips shall be 325. Hamilton Harbor agrees that no additional dry slips or other storage facilities or structures shall be constructed or used in connection with ~ m,xina io be located on the Subject Property, including the lands to the east known as the Collier Development Corporation ("CDC") DRI. This provision shall be an element of any Conditional Use approval and shall be enforceable by the' City in the event any violation shall occur. d. Hamilton Harbor agrees and covenants that land in the northwest portion of the Subject Property shall be used for construction of a public commercial loading dock and fueling facility as shown on the attached Exhibit "B". A legal description and survey of this land is attached as Exhibit "D". Hamilton Harbor shall construct, at its expense, said commercial loading dock and fueling facility as part of the Hamilton Harbor marina project. Hamilton Harbor further agrees that the City's vessels and/or vehicles (and- those of any contractors retained by the City for a City project) shall have access to and the use of the commercial loading dock without charge and that private users of the facilities shall be charged a commercially reasonable fee. Should Hamilton Harbor fail to construct said public commemial loading dock and fueling facility or, at any time, discontinue such uses or access as described herein, for a period of more than 60 consecutive days, the City shall have the following rights: (i) the City shall first provide written notice that it deems that Hamilton Harbor is not in compliance with the te~ms and pm'~isions hereo and ~--~ .DEC 0 3 2C02 the deficiencies, and allow a 30 day time period within which Hamilton Harbor shall cure such deficiencies. If Hamilton Harbor fails to correct such deficiencies within the prescribed time period, the City shall have the fight to make written demand for conveyance of title to such property and all improvements owned by Hamilton Harbor located thereon, along with a payment of Ten ($10) Dollars (''Purchase Option"); whereupon, Hamilton Harbor, shall convey good and marketable title, fi'ee and clear of all liens and mortgages, to such property to the City by special warranty deed and bill of sale; and (ii) the rights of the City under this subparagraph shall be a covenant and servitude running with the land and shall be binding upon and inure to the benefit of Hamilton Harbor and the City. Further, a memorandum of this Settlement Agreement evidencing the terms and conditions of this subparagraph shall be executed and acknowledged by Hamilton Harbor and shall be recorded in the Public Records of Collier County, Florida pursuant to Paragraph 12 of this Settlement Agreement; provided that the rights of the City under the Purchase Option shall terminate nig. ety (90) years from the eve of the date and year of thl, Settlement Agreement. e. The dry storage facility to be constructed on lands located in Collier County shall have a maximum height of forty-two feet to the top of the roof line,'as measured in accordance with the City Code, and shall be designed and landscaped to m'~imi~e the visual impact of the facility, particularly to the North, ,,d DEC 0 3 2002 may consist of one or two buildings. The design approval and landscaping standards shall be as specified in any General Development Site Plan and any Conditional Use approvals. f. H~axxilton Harbor shall make available one dedicated wet 'slip and related ~ccess'" privileges free of charge for a City patrol or safety vessel. g. That portion of the Subject Property situated in the City, outside of tl'; dev-.loped areas, including approximately one and one-half miles of shoreline and approximately 108 acres (the "Conservation Lands"), shall have a permanent conservation easement placed upon them in favor of the City and/or any other designee of the City, and shall be conveyed by Hamilton Harbor or its successors and/or assigns in fee simple and with good and marketable rifle, free and clear of all liens and mortgages, to the City for Ten ($10) Dollars for the City's conservation land program. The City shall prepare a sketch and legal description and obtain a boundary survey of the Conservation Lands, at Hamilton Harbor's expense. The fight of the City to acquire fee simple title to such portion of the Subject Property shall terminate ninety (90) years from the eve of the date and ' ' year of this Settlement Agreement. Further, a memorandum of this Settlement Agreement evidencing the terms and conditions of this subparagraph shall be executed and acknowledged by Hamilton Harbor and shall be recorded in the Public Records of Collier County, Florida purmant to Paragraph 12 of th. is Settlement Agreement. Hamilton Harbor shall retain the ability to make. such 38'/7S3__1 -- 10/01/02 6 I DEC 0 3 2002 //o_ - lands available to third parties for educational or scientific purposes, subject to prior written approval of the Ci~ Manager. h. Any restaurant that may be constructed shall be limited to 150 seats. i. Hamilton Harbor shall remove all exotics from the specific areas as identified in the Hamilton Harbor vegetation and wetland quality bas-, map prepared by Kevin L. Erwin and as depicted on Exhibit "E", and, upon the written request of the City's Natural Resources Director, shall remove other identified exotics on the property conveyed to the Land Trust. Exotics shall include, but not be limited to, Brazilian Pepper, Australian Pine, and Melaleuca. 4. Subject to Approval. This Settlement Agreement is subject to the approval of the City Council. If the Settlement Agreement is conditionally approved, then the City will follow its development review procedures, including all necessary public heafi_ngs, as part of the proposed settlement, for consideration of the revised Hamilton Harbor Project, in accordance with the parameters as set forth above, which will require a Development of Si~tmificant Environmental Impact ("DSEI") which designates a trans!tional conservation district, a General Development Site Plan ("GDSP"), a Conditional Use, and rezoning the transitional conservation district to Planned Development (PD) for a marina (collectively 'Revised Project Approvals"), including public heatings before the Planning Advisory Board and final consideration by the City'Council, as required. This Settlement Agreement shall become final only if all of the Revised Project Approvals are approved by the City Council. The date of the last of the Revised Project Approvals shall be the effective date of this Settlement Agreement. If these approvals are not obtained, it shall be as if this Settlement Agreement never existed. Ac, tmon, I - ~o. / 3rm~_~ - ~uo2 7 DEC O 3 2002 5. _lnterlocal Government A.m'eement. The City shall consider an amendment to the Interlocal Government Agreement with Collier County dated April 13, 1999, ~o as the same will be consistent with this Settlement Agreement, to authorize the Revised Project Approvals as contemplated by this Settlement Agreement. The approval of such amendment to the InterlocaI Agreement by both Collier County and the City is a condition of this Settlement Agreement. If the Interlocal .Government Agreement is not amended, it sl all be as if this Settlement Agreement never existed. 6. Additional Manatee Protection. The Florida Legislature recently enacted SB 1906, which provides, among, other things, for local governments to adopt marina siting and manatee protection measures as part of its Comprehensive: Plan. The City has certain provisions on this subject in its Code of Ordinances, specifically Sections 114-134. To comply with the new leg/slation and provide additional protection for the manatee, the City will consider amendments to its Comprehensive Plan, in accordance with the provisions of SB 1906, concurrently with its consideration of this Settlement Agreement and applications for the Revised Project Approvals. If approved, the Revised Project Approvals shall be final upon City Council approval as set forth above; however, such Revised Project Approvals shall not become effective and no construction can commence until the City adopts these Comprehensive Plan Amendments. If the Comprehensive Plan Amendments are not adopted, it shall be as if this Settlement Agreement never existed. 7. Development Approva!.q, If approved by the City Council, the Revised Project Approvals will constitute an integral part of this Settlement Agreement. It is the intent of the parties that this Settlemem Ag:cement. include the foregoing approvals, if obtained. ---~A~o--"--,, DEC 0 3 2002 8. Joint Filing of Action. Within 10 days of the effective date of this Settlement Agreement, the parties shall jointly file an action in the Circuit Court in and for Collier County, Florida, for approval of the Settlement Agreement by the Court to ensure that the relief granted protects the public interest and is the appropriate relief to be granted in this case, in accordance with Florida Statutes, Section 70.001(4)(d)2. 9. Permit Compliance. Prior to construction, Hamilton Harbor will also acquire all necessary permits required by the Department of Environmental Protection and United States Army Corps of Engineers and any other governmental entity exercising any regulatory jurisdiction, including any permits relating to stormwater management or discharge. The City will support applications by Hamilton Harbor for any necessary permits for the development from governmental entities other than the City, so long as they are in accordance with this Settlement Agreement. 10. Resolution of Litigation. The Circuit Court Case and the Harris Act Claim shall be abated while these matters are considered by the City. If the Settlement Agreement, the Revised Project Approvals, and the Comprehensive Plan Amendments set forth in paragraphs 4, 5 and 6 above are approved by the City, at such time as they become final, unchallengeable and unappealable, the parties shall enter into mutual releases of all clalm-q relating to the Subject Property and arising out of the Circuit Court Case and the Harris Act Claim, which Lq the subject of this Settlement Agreement, the Circuit Court Case shall be dismissed with prejudice, and the Harris Act Claim will be withdrawn with prejudice, pwvided always, that the respective fights and obligations of the parties under this Settlement Agreement shall sunrive. In addition, at that time Hamilton Harbor will advise the City in writing that any claim of a vested r ,Jar ~~..~ - DEC O 3 2002 L '"-/¢ - other prior approvals relating to Hamilton Harbor are withdrawn in order that all other pending circuit court cases, administrative proceedings and appeals shall be rendered moot. The Circuit Court shall retain iur/sa!ction to enforce th/s Settlement Agreement until such t/me as all approvals have become final and all documents necessary to fully effectuate the terms and conditions of this Settlement Agreement have been executed and tendered by ~e parties. 11. .Defense of Third Party Challenge. If the Settlement Agreement, the Revised Project Approvals, and the Comprehensive Plan Amendments set forth in paragraphs 4, 5 and 6 above are approved by the City, and if there is any legal challenge by a third party to these matters, the parties shall have a mutual obligation to defend them through trial, and any appeals. The obligation to defend these matters shall include a requirement that each party provide and pay for an attorney (the parties may agree, but have no obligation to agree, to joint representation) to represent the party in the litigation and actively participate in the litigation. Should either the Settlement Agreement, the Revised Project Approvals, or the Comprehensive Plan Amendments set forth in paragraphs 4, 5 and 6 above not be upheld, the parties return to the status quo. 12. .Binding on Successors and Assi..ma.% Duration and Memorandum of Settlemeni A e~. This Settlement Agreement and all terms hereof shall be binding on all successors a. d assigns of the parties, including all related entities and individuals, shall be construed as covenants and servitudes nmning with the land, and shall be binding upon and inure to the benefit of Hamilton Harbor and the City. This Settlement Agreement is assignable by Hamilton' Harbor. The covenants, terms, and ~rovisions nontained in this Settlement Agreement, shall ,. continue in full force and effect against the Subject Property and the owner(s)~.~-'~-I DEC 0 3 2002 September 30, 2032, and shall, as then in force, be continued automatically, and without further notice, from such date for periods of ten (10) years each, without limitation, unless at least six (6) months prior to September 30, 2032, or at least six (6) months prior to the expiration of any successive ten-year period, a termination of this Settlement Agreement, shall have been recorded in the Public Records of Collier County, Florida. Any termination of this Settlement Agreement to be effective must be executed and acknowledged by the City. Further, in the event Hamilton Harbor conveys, assigns or otherwise transfers its right, title and/or interest in any portion of or all of the Subject Property to any party or parties other than the City, Hamilton Harbor shall directly impose the covenants, servitudes, terms and/or provisions contained in this Settlement Agreement to such party under its deed(s) or other such instrument(s) of transfer of any such right, title or interest, and such instruments(s) shall also 'provide that all subsequent deeds or instruments of transfer involving the Subject Property shall directly re-impose the covenants, servitudes, terms and/or provisions contained in this Settlement Agreement (in the event the Settlement Agreement, at the time of any such transfer, has not been properly terminated by the City). Finally, this Settlement 'Agreement shall not be recorded. However, the City shall have an absolute right to record a memorandum of this Settlement Agreement in the Public Records of Collier County, Florida, and Hamilton Harbor agrees to execute such memorandum upon request by the City. 13. Attorneys' Fees. Each party shall bear its respective costs and attorneys' fees relating to the Circuit Court Case and the Harris Act Claim. In the event of any dispute or litigation arising out of the enforcement of this Settlement Agreement, the prevailing party shall - gEE 0 3 200 be entitled to court costs and attorneys' fees (whether incurred out of court, in the trial court, on aPt ~;al, o: in bankruptcy or administrative proc :~edings) 14. ~. The parties acknowledge that this Settlement Agreement constitutes the full agreement or understanding between the part/es. Each party acknowledges that nb other party, or agent or attorney of any other party, or any person, firm, corporation or any other entity, has made any prom/se, representation, or warranty whatsoever, express, implied, or statutory, not contained herein, concern/rig the subject matter hereof, to induce the execution of this Settlement Agreement. The part/es agree that the waiver of any breach of this Settlement Agreement by any party shall not be a waiver of any other subsequent or pr/or breach. 15. ~. The headings of the paragraphs of this Settlement Agreement are inserted only for the purpose of convenience of reference, and the part/es recognize and agree that these headings may not adequately or accurately describe the contents of the paragraphs which they head. Such headings shall not be deemed to govern, 1/m/t, modify, or in any manner affect the scope, meaning, or intent of the prov/sions of this Settlement Agreement, or any part or portion thereof; nor shall they otherwise be given any legal effect. 16. ~Venue and Jur/sdict/oL~. All parties agree to be subject to the personal jurisdiction of the courts of the State of Florida with regard to the subject matter of this Settlement Agreement. Venue of any proCeeding in connection with this Settlement Agreement shall be in Collier County, Flor/da. i7. C-_onstmction of Agreemen_t, The part/es acknowl~ge ttm, this is a negotiated agreement and that, in no event, shall any of the terms or provisions hereof; or any of the term~ contained within the attachments hereto, be construed against either party on the basis that such party or counsel for such party drained this Settlement Agreement or the attachments hereto. 18. Modification of Settlement Agreement. This Settlement Agreement may not be modified except as may be set forth in writing, executed by all of the parties. 19. Governing Law. This Settlement Agreement shall be enforced and construed according to the laws of the State of Florida. 20. Benefit of Counsel. The parties acknowledge and agree that: (i) each party has had the benefit of the advice of separate counsel; (ii) each party has participated fully in the negotiation and preparation hereof; and (iii) each party has carefully reviewed this Settlement Agreement and is entering into this Settlement Agreement freely, without duress and for valuable consideration. Accordingly, this Settlement Agreement shall not be more strictly construed against any of the parties. 21. Execution of Documents.. The parties shall execute and tender all documents reasonably necessary or customarily required to fully effectuate the terms and conditions of this Settlement Agreenaent- 22. Time of Performance. The parties agree t° perform their respective obligations herein within a reasonable _time. 23. Remedies. In the event either party defaults on any of its obligations hereunder, the other party may seek any available relief in law and/or equity including, but not limited to, damages, specific performance and/or injunctive relief. a~r/~_!- ~0/01/01 13 DEC 0 3 2002 L DONE AND EXECUTED h~ ihe City ')fNaples, C:ollier County, State of Florida, this il._~~ day of_ 0~y, ,2002. CITY OF NAPLES By: ~_ ~ ~ Tara A. Norman, City CIerk~ HAMXLTON HARBOR, INC., a Florida corporation COLLIER ENTERPRISES, LTD., a Flor/da limited partnership COLLIER DEVELOPMENT CORPORATION', a Florida corporation By:. Its: 10/01/02 - ~4 DEC 0 3 2002 ~imtin~ 3t d~c Souil~st CO~ o~ ~ S~n . d~c North 16'29'02' %V~ 4~ }9 lZ'~t 'J7' %V~ ] 14.9~ f~ m · ~mt o~ c~'~ cu~-3tutc~ o1' IO0.OO ¢~ through 3 ~tc~ ~l~ GCG2e3U~II' :,~d bc~,~ subtu~ b~ 3 cho~ w~clx b~s N~ b~ ~a~ 12'42~G' ~ ?O.S2 f~ ~ ~ Noflh 1~t1'46'w~ 144.27 r~ ~rd wh~ ~ S~th 24't7'1S" w~ ~1.07 f~. OEC 0 ~ EXHIBIT A ~c North OZ~'I~- ~( ~7~.02 F~; tlm~c ~rll~c/k. 77 6Z ~ ~n~ tlc ~n~,c 4,.-~, '4~- ~ ~ ~ r~ ' ZU'~Z'U2- ~t'~ q7 J~ f~ to a pui.( of~ ~atUrc; dsrou~ ~ ~,(~l ~,gic Of 116'4~'I ~- ~d b~ ~bt~ ~'3 I1~ Noah I ~J'2j- ~ (~ ~] I~ ' ' [h~ Nuflh/Je49'J9' ~t ~f107 il~cc NOnlm O~'~Q- ~V~ ~U.OO r~: ~ ~u~ 3~9~4- W~t 470.0 I · m~ Sou(h 0~-04- ~ 2039.~9 .. IZ4.~ ~ ~ ~ ~. "' .Ne~ ~J u~s ~ ~t;. d~ Pmi~m~.s s~l. WilsOnMiiler N~v Di~v~on~ ~n P~ng, ~ ~ EngWen~ TRANS~ONAL CONSER. VATION L~ND, BEING PART OF GOVERNMENT LOT ~1, SECTION 22. TOWNSH~ 50 SOUTH. RANGE 25 F-4~ST. COLLIER COt,~FTY. FLOR_IDA AIL TEAT PART OF GOVEEJ~MENT LOT 3. SECTION 22, TOWNSH~ 50 SOUTH, RANGE 25 EAST, COLUEK COUNTY, BEING MOR~ PARTICUT=MU.Y D~SCP~BED ~ FOLOWS: COMMENCING AT TNE SOUTH EAST CO[UqER OF SAID GOVEEJqIvIENT tOT 3, THENCE ALONG THE EAST UN£ OF S ,4JD SECTIO~ 22. NOR. TH 00'1.1'12' WEST ??.6? FEET TO THE POINT OF BEGINNING OF THE PARCEL. HEREIN DESCREBEI~, 1TB941:~ LE. AV1NG SAID UNE NORTH 21°$~'43' WE~T, A DLSTANCE OF 29.6[ FEET: ~ NORTH $9'06'47' %TEST, A DISTANCE OF 15.6[ t't:= i; THENCE NOR.TH 34°39~.5' W~ST, A DISTANCE OF 1'/.42 FEET; ~ NORTH 79'05"J2' WEST, A DISTANCE OF E2.37 FEET; ~ NORTH [&~$6'4./' WEST, A DISTANCE OF :24.39 FEET; ~, THENCE NORTH [3'36'2[° WEST, A DISTANCE OF 14.[0 FEET; · -' THENCE NORTH $3°$6'00. WEST, A DISTANCE OF 20.09 FEET; ~CE NORTH 34°42'lS".WEST, A DISTANCE OF 12.50 F]~ET; ._ THENCE NOP, TH 0~'14'$9' WEST, A DISTANCE OF 35.04 ~'~: i; · Ti-IE24CE NOR. TH 16'O,1'03" EAST, A DISTANCE OF 43.71 FEET ~ NOR. TH 24°30'10" EAST, A DL~'TANCE OF !?.45 THENCE NORTH 01°19'01 ' %VEST, A DISTANCE OF 34.14 THENCE NOP..TH 40'33`39" 'WEST, A DL%"TANCE OF 23.62 l-cc. n THENCE NOP. TH 41 °55'45 ' WEST, A DISTANCE OF 14.12 FEET THENCE NOE.TH 79°1['5'/- V~-~, A DISTANCE OF 33.?6 FEET ~CE NORTH 76"0!'55' WES'T, A DISTANCE OF 26.?[ FEET ~ SOUTH [7'45'30" WESt. A DISTANCE OF 1[-36 FEET; ~CE SOUTH 14~2['04' WEST, A DISTANCE OF 11.65 FE~'T THENCE SOUTH 05°59'!4- ~, A DtSTANCE OF 13.3[ FEET: · :- THE/~CE SOUTH 49'0~46' WEST, A DISTANCE OF '/.50 FEET TEENCE SOUTH [2°14'! i'. WEX'T, A DISTANCE OF 21.1? FEET THENCE SOUTH 09'16'5[" ~, A DL%'TANCE OF IS.0I FEE'Ti THENCE SoT.r1~ 04'2Y03' WEST, A DISTANCE OF 13.60 FEET: ~ THENCE SOLrTH 44°tC54' WES'T, A DISTANCE OF 13.[[ FEET: THENCE SOUTH 4'/'10'1'/' V/E~-r, A DtSTANCE OF 30.2.2 FEET THENCE SOU'fH 36'20'I[' WEST, A DISTANCE OF 24.?'/FEE'F: ~ SOUT~ 31°$Y54' W~S'f, A Dt.STANCE OF 21.9[ FEET. THENCE SOUT~ ~2'24'59' WEST, A DISTANCE OF $1.4g FEET: ~ SOUTH 4:2."29'39" WEST, A DWf'ANCE OF 19.0[ THENCE SOUT~ ~0'5~'$[' WE.ST, A DL-~, 'ANCE OF 22.71 TH]~ICE SOUTH 63'42'44' WEST, A DISTANCE OF 14.62 FEET~ THENCE SOUTH 40' 13'~ !' WEST, A DISTANCE OF IT.06 FEET; TH]~24CE NORTH [5"33'Z3' WT~T, A DISTANCE OF 26.91 t.F..E ~ ~ SOUT~ '~.'49'2[' Y,'EST, A DL%'TANCE OF 21.5 ! .:.': ~ SOUTH T3° 14'24- WEST, A DLSTANCE OF 2L76 ~ .-: ! ~rHENCE SOUTH ~3'3r12' W~.ST, X DLSTANCE OF 15.0[ FEET THENCE SOUTH (~Z3'27' WEST, A DLSTA]'R:::E OF 11.92 e ~" l: THENCE NORTH .1['2~54' WEST, ,4, DtSTANC~ OF 1~.79 FEET THENCE SOUT~ 12'04'32' WEST, A Df. STANCE OF i I../5 FEET. THENCE SOUTH 29'0~26' WEST', A DLSTANCE OF 19. t$ TTIENC~ SOUTH 76'34'44' WEST', A DISTANCE OF 30.~J e~i TO T~E 1.65 COt4TOUR LINE DATED OCTOBER 1992; TI'ENL"E ALONG SAID LINE NORTH 0~ 10'21' EAST, AD[ST'AZ'iCE OF 4[.99 FEE'T; ~ CX3NTINTHNG AT.ON(] SAID t ,'E NOg. TH 0~'09'34' EAST, A DtST~ OF 120.43 I'~.F_ ~; ~ C~,4&ONO SAID L fE NOP, TH 14°$Z'10' FAST, A DIST/,NC~ OF 2~S.6~ ~ ~ At.(N'IO SAE) ~ NOP, TR 09't4~}?' EAST, A DtSTANCE OF IE2J? F~.~ TO TH~ SOUTH I~TGHT-OF-WAY 1.14E OF DANF'ORD STREET (~' IUGET-OF-WAY}; 'iTi~4CE ALDNG SAID P.J(3F~-OF-WA¥ UNE NORTH 19'19'42' EAST, A DISTA]~:::E OF 133~43 I'HEN~ SOUTH 14'~3'2~ F..A=qT, A D~I'ANC~ OF 23.S1 ~ $OUTR Jl'l~'[l' ~. & DL,~TA.N(~ 0£ ~0.07 FEET; EXHIBIT C lsP#Miller N~W ~s In P~nn~ O~ign ~ &~g~n~ng THE3qCL SOU'['H 56'41'49' EAST, A. DISTA~C~ OF Z7.12 FEET; THENCE SOUTT[ $2"51'03' F-A..TT, A D[.~'E'ANC~ OF 17.64 ~..ET; T~ ~OUTH I~'10'27' E.A,ST, A DISTANCE OF 31.20 FEE'T; 'f]*~NCE NORTH ~'~'$$'2 !" EA.~, A DISTANCE OF 10.06 ~ NORTH 49o23,$1' EA.S'[, A DISTANCE OF 2 !.4 i FEET; TI-fENCE NORTH 44'4703" ~, A DISTANCE OF 23.05 FEET; ~ ]¢OR.TH I 1'1~'!4' ~.A.~'T. A DISTANCE OF !3.'~0 FEET; THEN(~ NORTH 74'29'21' EAST, A DISTANCE OF 3/.g2 FEET; '~ NORTH 42~6"3~- EA..~I', A DISTANCE OF Z9.16 FEET; 'rI'fmqCE NOR. TH 35"41'53' E. AST, A DI:S*TANCE OF 29.41 FEET; TNENCE NORTH 33"! 7'06' EAST, A DISTANCE OF 3~.29 FEET: * TI-fENCE NORTH 40'$3'4.~ EAST', A DI.~'TANCE OF 21.0~ FEET; · :.~ 'THEN(~ NORTH 41"30'3.Y' EAST. A DISTANCE OF 15-23 FEET; TI. fENCE NORTH 11"32'0~t' ~, A DISTANCE OF ISt.02 I:*EET; .. ' ~E NORTH 06'43'$0' EAST, A DtS'TANCE OF 9..2[ ~'t~l TO ~ SOUTIt RIGITT..OF-WAy tINE OF SAR) DA.N'FOED gTREET; OF B~GS ARE BASEZ) ON THE SOUTH LiNE OF DA.N~OP-~ .TI'REET (60' RIGI-IT-OF-W'Ay'). BE~I'G SOUTE{ 19°Z9'42 PARCEL CONTAH',CS 205.229 SQUAE.E FEET Ol~ 4.71 ACR,~=5, ~ORE OR. LF-~S. SUIZJECT TO F--~,-SE,MEZ'TTS, RES~ONS. AND RESERVATIONS OF KEG'OR.ID. ICEGZ.STT. EED ENGDN'EERS ~ LAND SURVEYOKS CER'I"~']CATE OF AUTHORIZATION f/t rt4 3. NOT YAI. ID UNt ~:$_~ EMBO~'ED WITH THE PROFESSIOINIAI.'s SE,M. R,I~. 2C-! 0TJ W.O.. DATE: AUGUST 1,2002 DEC 0 3 2002 EXH:[BTT C / EXHIBIT D EXHIBIT E ,~._~ EXHIBIT 3 DEVELOPMENT CRITERIA AND STANDARDS FOR HAMILTON HARBOR (within Collier County jurisdiction) I. Permitted Principal Users: No building or structure, or part thereof, shall be erected, ~ltered or used, or land or water used, in whole or in part, for other than the following: A. Part of boat basin in conjunction with dry boat storage facility. B. Dry boat storage facility for a maximum of 325 boats, in conjunction with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and display. D. Boat docking facilities. E. Marina related offices. F. Repair and servicing of boats, boating accessories and marine equipment. G. Marina related retail sales. H. Cultural or civic facilities for educational purposes (a maximum of 3,000 square feet). I. Boardwalks and nature trails. II. _permitted Accessory Uses_: Accessory uses and structures which are incidental and ._ customarily associated with the above permitted use as follows: A. ' Incidental loading and unloading of marine supplies. B. Ponds/water management facilities. C. parking lots. D. Landscape buffers. E. Yacht or sailing clubs. F. Signage, including internal directional signage and structures. G. Wastewater pump-out facilities. H. Fuel storage facilities. I. Accessory uses and structures which are incidental to and customarily associated with the permitted uses listed above. m. Minimum Lot Area: 10,000 SF IV. _Maximum Lot Coverage by Building: 50 percent 30 feet from project perimeter boundary, ¥. Minimum Setbacks P~rinciple and Accessory Buildin~'s except for the dry storage facility where the _ setback is 50 feet and the water where the setback is 0 feet. DEC 0 3 2002 VI. Maximum Building Height Dry Storage Facility 42 feet to the peak of the roof measured from the first floor FEM. ~, elevr ~ion. Cultural and Civic Facilities 35 feet to the peak of the roof measured ' from the first floor FEMA elevaSon. VII. Minimum Off-Street Parldng Dry storage facility - 1 space/10 dry slips. Parking spaces noted are minimums and may increase based on marina industry standards. VIII. _Architectural Standards Dry storage facility Due to the placement of the dry boat storage facility, existing mangrove trees and large ficus trees in Bayview Park substantially hide the building from public view. The dry boat storage building facades will be a natural color to further blend in with the surrounding environment. IX. _Fences and Walls Fences and walls are permitted along the north and east property boundaries. Fences may be chain link and must be factory coated black vinyl. Walls must be masonry and painted in a color compatible with the proposed buildings. Fences and walls shall be setback 30 feet from the Bay S~'eet property line, 5 feet from the north-south property line at the west end of Bay Street, and 18 inches along Danford Street. Fences and walls may be constructed to a maximum height of 8 feet measured from existing grade. Plantings along fenced portions of · . the property shall be 75% opaque as - . . measured 3 feet abov~ g, ade. X. Preserve Areas designated "Preserve" shall be protected by Developer granting a conservation easement or dedi same to the City 0fNaples L~t d DF C 3 2002 Conservation Trust Fund or other acceptable conservation oriented entity. Water management will be conducted XI. ~ according to engineering best management practices and the requirements of the South Florida Water Management District. A 40' landscape buffer will be provided XII. _Landscape Buffers along the northern side of entry road, buffering the adjoining residents to the north. An average of 25' buffer area will be provided around the wetlands to the south of the project. Primary access will be from an entry located XIII. Access at a southern extension of Fern Street. DEC {3 3 2002 - EXHIBIT 4 Description of part of Section 23, Township 50 South, Range 25 East, Collier County, Florida. All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00006'04'' West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described courses: 1) North 00o06'04'' West 653.01 feet; 2) North 00° 13'12" West 305.62 feet; thence leaving said section line North 89o24'52'' East 1333.23 feet; thence North 00°32'30" West 30.00 feet; thence North 89°24'52" East 50.00 feet; thence South 00°32'30'' East 537.45 feet; thence South 89029'24'' West 916.48 feet; thence South 00°06'04" East 453.00 feet; thence South 89°29'24" West 470.01 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. Bearings are based on the west line of said Section 23 being North 00°06'04" West. Certificate of authorization #LB-43. BEC 3 2G02 This Agreement, is made and entered into this l..~3ehclay of April ~ 1999, by and between the City of Naples, Florida, a municipal corporation ("City"), and collier County, a political subdivision of the State of Florida ("County"), pursuant to thc aT ~thor/ty set forth j,t Sections 125.01,163.01 and 163.31710), Flori~la Stabs, 1997. A. Collier EnterpriSes, a Florida corporation ("Developer"), proposes to develop "Hamilton Harbor~, a Planned Development ~D) containing both' wet slips and dry storage for boats, landing fac/lity for mar/ne related COnstruction, boat fueling fac/lity' small restaurant, and ancillary facilities, such as marina office and store, 0aerdn~er referred to as the "Project" or "Hamilton Harbor'), which qualifies as a development of regional/mpact ('D1U) pursuant to Sect/on 380.06, Flor/da Statutes. B. Approx/mately 103 acres of the proposed Ham/Iton Harbor are located W/thin the jurisdict/on of the City of Naples and approximately 21 acres are located w/thin the jurisdiction of , Collier County, Florida. : C. The City and the County recogn/zc that the water access and shoreline of the Project and the major/ty of the land comprising ' ' · . th/s Project are within thejur/s~ct/on of the City of Naples, and that most of the resources that may be/mpacted by thc Project are located w/thin the City of Naples. D. The City and County recognize that knplementation of the Master Development Plan for the Project will requ/re the Developer to obt~ from the City and/or County certain governmental approvals of the Project ~.nercinafler "Project Approvals") wh/ch are defined to include the follow/rig: (1) Comprehensive plan amendment in the City. (2) Rezoning to planned Development by the City. (3) planned Unit Development zoning amendment by the County. (199~), ~y bofl~,'0 Dl~I development orders/ssued pursuant to Sect/on 350.00, F/or/da ~mtutes' .he City ~d County. ($) Site development'plan approvals, btfilding perm/ts and other development orders or approvals from the City and County pursuant to the/r respective Land Development Regular/ohs. E. Collier County has reviewed the proposed project, including the land uses, heights, densltie~ and intensifies to be allowed vathin the portion of the Pwject located within Collier County · · and has requested that the City process and adopt PD zoning for the entire project, including.that portion lying within thejurisdicti°n of Collier County. Further, Collier County requests that the City issue a DRI Development Order for the entire 124 acre project, when appropriate. F. The County and the City agree that in order to assure an orderly process, ensure consistent development standards and promote governmental efficiency, the rezoning and DRI review and approval procedures fo~ the entire 124 acre project, including that portion of the project within the jurisdiction of Collier County, should be conducted by one governmental entity, that being the City of Naples. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review, Collier County and the City oflqaples hereby agree as follows: 1. The I)'ecitals m'e ad°pted and inc°rp°rated by reference as ifrepeated verbatim herein' 2. The City of Naples shall process and review the ~,pplicatlon for Development Approval and Planned Development rezoning petition to be filed by the Developer, Collier Enterprises, and the City shall issue the Development Order and Planned Development Zoning Ordinance for the entire Hamilton Harbor project. The legal description fo~ Hamilton Harbor is attached ss Exhibit I and the legal description for that part of Hamilton Harbor solely within the jurisdiction of Collier County is attached as Exhibit 2; both of which are incorporated by reference. The City's Development Order and the PD Zoning Ordinance for the area within Collier County included in the project, shall not exceed the uses, heights, intensities, densities and approximate loCations of facilities as set forth in Exhibit 3, DeveloPment parameters and Master Plan, a copy of which is attached hereto and incorporated by reference. Following the City of Naples' adoption of a PD Zoning Ordinance and DRI Development Order for the projec~ that is consistent with the development standards, conditions and limitations set forth in Exhibit 3, the County shall adopt a PUD'zoning amendment and a DRI Development Order that implement and are consistent with this 'Agreement and the City of Naples PD Zoning Ordinsnce and DevelOpment Order and which assure their applicability to that portion of the project located within the County. Both parties understand and agree that the adoption of zoning and the issuanceof a DRI development orde~ may occur at di~erent times.The Ci~ PD Zoning Ordinallce shall ~cify a single set Of substantive standards ....... 2-t ofthe Project, ind~_,aln~, stmchnds f°r subdivisi°n master plans horizontal and reft/cat aevelopmca ~ . . DEC 0 3 2002 Building and development permits for vertical/structure conduction for the Project shall be subject to processing, review and approval by the. local government within whose jurisdiction the property is located' on which such building or developmcat permit is requested, utilizing the appUeable standards set forth in.the PD Zoning Ordinance. 5. The City °fNaples shall have sulejurisdiction to proc ~ss any]: 'opose I amend~.mnts to the Hflmiiton Harbor PD Zoning Ordiaaflee and DR/Development Order, including changes that constitute substantial deviations ptu~ant to Section 380.0~(19)' Fie:ida Sta~,,~s, %hether o,-not. property within the Counly is affected and such ehange~ shall be effective withiv, the Co,nty, provided that the proposed charges do not exceed the development standards set forth in the attached Exhibit 3. In the event that changes are proposed to the PD Zoning Ordinance or DRI Development Order On land located within Collier County, and the proposed changes exceed the development standards set forth ia ExMbit 3, then the County shall have authority to review and approve proposed amendments to its development order and/or the PUD Zoning ordinance applicable to portions of the project within the County's jurisdiction. 6. This Agreement shall be effective for a period often c .- ::*.~m, (! 0) ye~irs from the day and year ' ' Approved as to form and legal sufficiency: ~'a~e) 'A ? lqOrn~ ~it:y,'Cterk By A~,~ veal as' to form and legal su~ciency: racom ct ty ^ttom 3 0 3 2OO2 p L A NNEi~S.-ENVIR"ON M E N TA k L~O~EER$' SURVEYORS. LANI~S(~APE ~RCH[TECTS, ~oNSTRUCTIO~ ~A~AOERS D~ption of p~ of S~6o~ 22, 23 ~d 27, To~P 50 Sou~ ~ge 25 ~ ~ Co~, (for ~llier Entt~s~) ~1 ~t ~ of S~i~ 2~ 23 ~d 27, To--hip 50 Sou~ ~ 2~ ~ ~llier ~n~, Flo~ ~ing mo~ ~cui~Y d~b~ ~ follo~: ~g ~ ~ ~u~ ~mer of ~d S~on 22; ~m~ ~o~ ~e ~ of~d S~ 27, S~ 00~2~'29~ W~ 2328.66 ~ ~ ~d ~ !~ S~ 89°32'18'' W~ 1288.58 ~; ~ N~ ~7'~ W~ 331.7 [ ~ ~ ~~ 846.91 ~ ~8 ~ ~ ora ~ ~ ~e ~n~ ~ ~ s~ ~v~g. ~us of 8~.~ f~ ~ a ~ ~gle of~9'19~ ~d ~ing su~ No~ 2~52'0fi" ~t 807.91 ~ to a ~int of ~ve~e ~am~:· ~ ~y 1011.26 f~ ~ong ~e ~c ora ~genti~ cimul~ ~ ~nmve to ~e no~t ~g a ~us of 750.73 ~ ~u~ a ~ntml ~gl~ of 77° 10'4~" ~d ~ing sub~d~ by a ~ord W~ No~ 21'36'21' ~ 936.52 ~m~ No~ 16059'02" W~ 450.59 ~m~ N~ 50*00'29" ~t 226.72 ~ cir~l~ cu~e ~n~ve ~ ~e no~w~ ~m~ ~~ 113.41 ~ ~ ~ arc ora ~ti~ ~g a ~ius of I~0.00 f~ ~rou~ a ~n~l ~gle of 43019'0g'' ~d ~ing sub~nd~ by a chord which b~ No~ 28026'43~ ~ 110.73 ~t to a point 0fmmpound curator; ~m~ no~erly 320.89 ~ along fi~ arc ora ~g~ntial circul~ cu~e ~n~vt to ~e ~ ~v~g a radius of 480.00 ff~ ~rough a ~ntml ~gl~ of38~18'13'' ~d berg sub~nd~ by a chord ~ich ~ No~ 12o21'57~ W~ 314.95 f~t to a po~t of ~vers~ ~am~: · ~m~ no~erly 109.67 f~t ~long ~e ~c of a ~gential circular ~e con,ye to of 100.00 feet ~rou~ a ~n~l ~gle of 62°50'20'' ~d berg submnd~ by a chord w~ch b~s No~ 00005'54'' W~ 104.26 f~t to a point of roverse cu~atur~; ~en~ no~rly 171.22 f~ along ~e arc ora ~g~tial ckcular cu~e ~ve to ~e ~ ~v~g a ~us ~ 180.~ ~gh a ~t~ ~glc of 54°30'00'' ~d berg subtend~ by a chord ~ich b~ No~ ~'16" ~ 1~.83 f~t; ,. ~ No~ 23e 10'44y W~st 123.01 ~en~ no~sterly and ~terly 197.05 f~t along the arc ora ~gential circular cu~e ~nmve to sought having a radius of 100.00 ~t throu,gh a ~tral ~gle of 112054 ' chord ~ich b~ No~ 33° 16' 16" ~t 166.68 f~t; ~ No~ 89°43'16" ~t 110.00 f~; · : ' . ~n~ ~rly ~d no~t~rly 213.10 f~t along ~e arc of a ~g~ntial ctr~lar cu~e ~n~v~ to no~ ~ng a radius of 100.00 f~t ~rough a ~tr~ ~gl~ of 122°06,00'' ~d berg sub~nd~ by a ~ord ~ch ~ No~ 28°40'16" ~ 175.01 f~t to a point of reveme ~n~ no~erly ~d no~t~rly 78.~9 f~t along ~ arc ora ~g~nti~ ci~ular ~g a ~ius of 50.00 f~t ~rou~ a ~t~ ~gl~ of 90° 10'20" ~d ~g subtend~ by a chord w~ch b~ No~ 12~42'26'' ~ 70.82 ~ ~ N~ 5~47'36' ~ 67.46 ~ · to ~on~ no~ly ~d ~rly 194.01 f~ ~g ~ am of a ~g~ntial csrcul~ m~e ~n~ve ~t ha~g a m~u's of 75.00 f~t ~ou~ a ~ ~gle of 148°1~'45~ ~d ~g subt~d~ by a chord ~ch ~ No~ 16el8'46' W~ i~.2~ ~; ~ S~ 89~34'51" W~ 30.~ ~i; ' ~ ~y ~d s~dy 157.08 ~ ~ong ~ arc ofa.~genti~ Circul~ cu~ ~ ~g a ~ of 100.00 f~ ~ou~ a ~ ~gle of 90~00'~ ~d ~g sub~d~ by a ~ ~ ~ ~ 44a34'51 ~ W~ 141.42 ~ ,, __ e~.,~ n0~'~' ~ 1~9.99 ~ · , m~ o~.~ - - ...... '- -rc ora ~ti~ ci~iar ~ ~rly 62.9~ ~ a%~ u,~, = ~ing sub~d~ by a ~o~ ~ich a ~us of 50.00 ~ &~ a ~ntml ~gle of 72~10'28" ~d ~u& 35~40'0~" Wm 58.90 ~; ~ ~ 71~4~' 19" W~t ! 16.~ ~; ~ ~~y ~d ~u&edy 248,54 f~ ~°ng ~e arc ora ~ ~ng a ~ius of 150.00 f~ ~u~ a ~n~ ~gle of 94 ~o~ ~ ~ Sou~ 24~17'18" W~ 221.07 ~; ~ Sou& 23'i0'~" ~ 123.01 f~; M,LL , P .K, ,.c. DEC 0 3 2002 · · l~ 941.649-4040 P,c ~1~3-5716 3~ ~1~ ~ ~lte Z~. ~, ~ ~105~507 ~ ~l~~ · -qUI~.VE't'('~RS, L^NDSCAPE /t, RCHiTECTS, CONSTRUCTION ~I%~ANAGERS thence s~edy ~d sou~c~y 101 .OS ~ ~ong ~ ~c ora ~g~ circul~ cu~ ~ve ~t ~ng a radius of50.O0 f~ ~mugh a ~ ~1~ of 115~47'41 ~ ~nd ~ing ~ubt~d~ by a ~o~ ~ b~s Sou~ 34°43 '14" W~t 84.7j f~ ~o a poi~,, o~m~ ~und ~ No~ 54~02'10- W~ 241.87 ~; ' ms rubtcnd~ ~y a ~or~ ~ich ~ No~ 20~41'24- Wmt 195.0l f~t; - ~ o~280~ ~ ~ a ~ ~gle of 63~54'40- - No~ 11'!5'5~ ~9 . ad ~mg sub~d~ by a ~o~ ~ no~erly, ~ ~ no~l ...... ' . y v i b.o2 ~ ~ong ~e a~ ora ~ ~6~ c' m~ No~ ~'19'52- W~ 528.65 ~ ............ ~ . ' ~ no~h~erly 77.62 ~t along ~ ora mg~tial circul~ cu~e ~n~ve to ~e sou~ ha~ng a ~us of S0.00 f~t ~rough a ~tml ~gle of 88°57'~,, ~d ~ing'subt~d~ by a chord ~ch b~ No~ 46°SI '48" ~ 70.06 f~t to a ~int ~veme ~; ~ no~rly 731.46 f~t ~o~ ~e ~c ora ~g~6~ ci~ cu~e ~n~ve to ~e no~ ha~g a ~us of 1200.~ f~t throu~ a ~tml ~gle of34055'29- ~d ~ing Subtend~ by a chord ~ich b~ No~ 73052'36" ~t 720.19 f~ to a ~int of reveae cu~; · en~ no~terly, noaherly ~d no~terly 134.88 f~t along ~e arc ora ~gential circular cu~e ~n~ve ~ ~e ~ ha~ng a ~ius of S0.00 f~t ~rou~ a ~n~l ~gle of 154°33'46,, ~d being subt~d~ by a ~ord which b~ No~ 20052'02" W~ 97.55 ~t to a pO~t of~ve~e cu~a~re; C ~ w~erly ~d no~ly 71.31 ~ ~ong ~e arc Ora ~gentlal circular cu~e ~n~ve to no~t ~ng a ~ius of 35.00 f~ ~rough a ~ntml ~gle of 116044' 18" ~d being subtend~ by a cho~ ~ ~ No~ 39046'46" W~ 59.60 f~t; ~ No~ 18035'23" ~ 68.45 f~ · en~ No~ 13°49'59. ~ 340.07 ~ ~ No~ 07°00'50- ~ 161.59 f~; · en~ No~ 82e59'10" W~t 35.00 f~t; · en~ No~ 07000'50" ~t 14.74 f~t; · ~ No~ 89o18,51'' ~ 527.45 ~; ~ Sou~ 00o13'12-~ 335.51 f~t; · ~ No~ 89024,52" ~ 1333.23 · en~ No~ ~°32'30- W~t 30.00 ~t; · en~ No~ .89024'52" ~t 50.00 f~t; ~ Sou~ 00032'30'' ~t 537.45 f~t; · en~ sou~ 89029'24" We~ 916.48 ~ ~ ~ 00e~'04" ~ 453.00 ~t; ~ mu~ 89~9'24~ W~ 470.01 ~ · en~ Sou~ 00006,04'' ~t 2039.29 t~ ~ ~e Point of Begi~ing 0t~e parcel herein d~cdb~; Subj~ to ~ ~d r~tdctiom of m~rd. ~n~ 124.29 acr~ mo~ or I~s. ~fi~te otau~odmtion #LB~3. ~ON, ~LE~ BARTON a PEE~ ~C. ~1H. M~II,'P.S.M. ~650 D~e " Re~ 4D-94 Not ~id a~ emboss~ ~& ~ Pmf~sio~'s WI~ON, MILLER, BARTON & PEE~, INC. ~ pg. p L A i~,l¥,f~~ON S U LTANTS, ENOINE£RS, SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS Description of pm of Section ~3, Townskip 50 South, R~nge 25 East, Collier County, Florida All that pail of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particol~rly described as follows: Co~nencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00°06'04;' West 2039.29 feet to the Point of Beginning of the parcel herein desto'bed; thence'continue along said section line in the following two descn'bed courses'. 1) North 00006'04" West 653.01 feet; 2) North 00°13'12" West 305.62 feet; thence leaving said section line North 89024,52" East 1333.23 fe~t; thence North 00032'30'' West 30.00 feet; thenC~ N0r~h 89024'52" East 50.00 feet; thence South 00°32'30" East 537.'45 feet; thence South 89029,24'' West 91'6.48 feet; then6e South 00006'04" East 453.00 fe~t; thence South 89029'24'' West 470.01 feet to the Point of Beginning of the pardi herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. - - Bearings are based on the west line of said Section 23 being North 00°06'04'' West. Certificate of authorization #LB-43. oc WILSON, lvilLLER, BARTON & PEEK, INC. ~.. Kegistered Engineers and Land Surveyors ' ' C~ · ~V[ighael H. Maxwell, P.S.M. #4650 Ref. 4D-99 Not valid unless embossed with the Professional's seal. "1 w,L.o , B^RTo. t.o. DEC 0 3 2001 3200 Bailey Laz~, Suite 2.00, NnpIed, Ftottda 34105-8507 ' Ph 941~49-4040 Fx 941~43-$716 w& ~ w~v. wlbanndlle~com &u~w.o~n E. mall: na~de~ttgx~nll~ ..~.~ :- Nh,as F,,~ M~n : 5=rn~z B,~lL, m~ P~ , ~.xUn~rr3 DEVELOPMENT CRITERIA AND STANDARDS FOR I~dVH~TON HARBOR (withlz~ Coll{er County jurisdiction) I. P~enrfitted'Prlneipal Uses: No building or structure, or part thereof, shall be erected, altered or used, or land or wate~used, in whole or in part, for other than the following: A. Part of boat basin in conjunction with dry boat storage facility. B. Dry boat storage facility for a maximum of 450 boats, in conjunction with the marina facility on adjoining land within the City of Naples. C. Marine equipment and boat sales and d/splay, r~ D. Boat docking faeilit/e~' E. Marina related offices. ,. F. Repa/r and servicing of boats, boating accessories and marine equipment. O. Marina related retail sales. II. Permitted Accessor~ Us~,;: Accessory uses and structures which are incidental and customarily associated w~th the above permitted use as follows: A. ' B. Incidentzd loading and unloading of marine supplies. Ponds/water management faeilit/es. C. Parking lots. D. Landscape buffers. E. yacht or sailing clubs.. F. $ignzge, including internal directional Signage. O. Sewage p .ump-out facilities. H. Fuel storage facilities. I. Accessory uses ami siruetu~ which arc incidental to and customarily asso~,qated with -the {,em,/~ uses listed above. · ~ ~ 10,000 SF re. tv~axi~um Lot ~'er~e ~v~on~o~ so Pem.~t' v. ~'incipIe a~eI Accessor~ ~ 50 feet from projec~ perimeter boundary, as : depicted Extu'b/t C Oeneral Site Ph~ except VI. ~ for water where the setback is 0 fi~ _ DEC 0 3 2002 ~ · Ih~ storage facility ' 48 feet from 8'~lqGVD to the eaves ofth¢ VII. ~ Dry storage facility - 1 space/10 dry Slips. Off..qtr~t ParldnR Parking spaces noted are minimums and may increase based on marina industry standards. c VHI. ~chitectural Standard~_ Due to the placement of the dry boat storage Dry storage facility facility, existing mangrove trees and large fieus trees in Bayview Park substantially hide the buildiug fxom public view. The dry boat storage build~ng facades will be a natural ° ° ding ' color to fufdaer bldfid in with the surroun environment, r.~ Areas designated WC (Wetland Conservation IX. ~7~retlands/COnservati°n- shall be Protected by Developer granting a conservation easement or dedi¢~6ng the same to the City of Naples Land Conservation Trust Fund or other acceptable conservation oriented entity. Water management will be conducted X. ~ aeco~ng to eal~a~ best management praetice~ md the requirement-~ of the South Florida Wate~ Management District A 40' lmadseape buffer vail be provided along XI I~ the nortliem ~ide of entxy rOach buffering the adjoining residents to the none Aa average of 25' buffet ~eea ~ be Provided around the x~.-tlands to the south of the project- XIII ~ at a ~outhem extension of Fem Street ' DEC 0 3 20 2 AMENDM_ENT INTERLOCAL GOVE~Ri~NrMENT AGREEMENT 1. r.... Lt This Agreement, is made an:l entered into this~l~day o~i~__' 1999, by and between the 'i Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State ("County"), pursuant to the authority set forth in Sections 125.01, 163.01 and 163.3171 (3), Florida Statutes, for the purposes ofamendip, g Para£raph n mbe.-s 5 ant: 6 oft~at cer:.fin Ir~terlocal Government Agreemen: en into by the City and County on April 21, 1999. RECITALS: A. On June 2, 1999, pursuant to the existing Interlocal Government Agreement between the City the County concerning the Hamilton Harbor project; the City approved a comprehensive plan amendment planned development rezoning for the Hamilton Harbor project, the legal description of which is attached he: and incorporated by reference herein as Exhibit 1. B. At said June 2, 1999, City approval hearing, questions arose concerning the interpretation Paragraph 5 and the effective period set forth in Paragraph 6 of the Interlocal Government Agreement. C. The City and the County desire to amend said Paragraphs 5 and 6 to resolve the questions con said paragraphs. NOW, THEREFORE, in consideration of the pubIic benefits to be reaIized from the coordinated planr~ and review of the Hamilton Harbor projeet, Collier County and the City of Naples hereby agree to amend Paragrap 5 and 6 of the afore referenced Interlocal Government Agreement to read as follows: 5. The City of Naples shall have sole jurisdiction to process any proposed amendments to the Hamiltc Harbor PD Zoning Ordinance and DRI Development Order, including changes that constitute ~ubstantial devia ~or~ pursuant to Section 380.06(19), Florida Statutes, whether or not property within the County is affected and sucl changes shal/be eff'ective within the County, provided that the proposed changes do not exceed the developmen standards set forth in the attached Exhibit 3.' In the event that Changes are approved by the City t° the pD Zonin~ Ordinance or DRI Development Order on land located within Collier County, and the proposed changes exceed the 'development standards set forth in Exhibit 3, then~ the County shall also have authority re~w ~d ACk. IDA ITEM DEC 0 3 2002 proposed amendments to its development order and/or the PUD Zoning Ordinance applicable to portions of the -- oject within the County's jurisdiction. 6. This Agreement shall be effective for a period of twenty (20) years from the day and year first above written, and shall automatically renew for four (4) additional twenty (20) year time periods unless the City or the County give at least sixty (60) days prior written notice to the other, prior to an automatic renewal date, that this Agreement shall not be automatically renewed and shall expire. BOA3~D OF COIdMISSlO ,I?EKS ·-..-~b:x~a as to fo.rm and legal sufficiency: ~-., ~p['~;C. ~lvT~EIGEL, County Attorne) By.;~ O~, ~ r Approved as ~o form and legal suffici6ncy: F:~u.~.~LAIqA\W~$\C£ HAMILTON HARBORh~v[EIqDED INTERLOCAL OOVT AGRM~.w~ DEC 0 3 2002 PL^NN£R,,4, I-NVIRONMENTAL (~ONSULT^NT5, ENOINEERS, SUR"E'oRS' LA~"~C'~PE ~RCHITECTS, ~ONSTRUcTioN ~NAO,Rt 2 C Description ofpa~ of Sections 22, 23 ~d 27, To~s~ip 50 Sou~, ~nge 25 ~ Collier ~un~, Florida . (for Co]Her AH t ~{ pan ofSect~o's 22, 23 ~nd 27, Vo~sh~p ~0 South, ~nge 25 ~t, Collier Coun~, ~ ', ' Bering at ~e ~ou~ ~mer of said S~don 22; · enc~. along ~e ~ l~e of~d Section 27, Sou~ 00~25,2~,, Were 232g.66 · en~ ]~ng ~[d ~don IMe Sou~ gg:32'Ig' W~ 12gg.~g f~t; · en~ no~h~terly g~6.~] f~t along ~e arc ofa ~genfial circular cu~e ~n~ve to ~e sou~ having a ~d[us ors00.00 f~t ~hrough a ~ntm] ~gle of60o3p,19,, ~d being subtend~ by a chord w~ch b~rs No~h 2~52'06'' ~t ~07.91 f~t to a point ofreveme cu~re; · · en~ no~erly ]0] 1.26 f~t along the arc ora t~gentbl c~u[ar c~e ~n~ve ~d~us of7~0.73 f~t ~ugh a to ~e no,west ~Mng a No~ 21~36'21,, ~t 936.~2 f~?tm] ~gle o~77~10,46,, ~d bebg subtend~ by a chord which b~rs ~ No~ ~0~00'29,, ~ 226.72 feet; ~ no~ster]y ] 13.41 f~t along ~e arc ora ~ngenda[ circular cu~e ~n~ve to ~e no~hwe~t having a ~ius of 1~0.00 f~t through a ~ntml ~gle of43~lg,0g,, ~d being subtend~ by a chord which b~m Nomh 2g~2~'43'' ~ 110.73 f~t to a point of~mpound cu~ature; ~ence no~her]y 320.g9 f~t along the arc ora ~gentia] circular cu~e ~n~ve to ~e west having a radius oleg0.00 f~t ~rough a ~ntra[ angle of3g~lg'13,, and being subtend~ by a chord which b~rs No~ 12°21 '57" West 314.P~ f~t to a point of revere cu~re; ~ence no~her]y 109.67 feet a]ong the arc ora ~genda[ circular cu~e ~n~ve to ~e ~ haMng a md~us of 100.00 f~t ~rough a central angl~ of62oJ0,20,, ~d bebg subtended by a chord which bors 00°0~'~4'' West 104.26 f~t to a point of reverse cu~ature; · ence no~h~ler]y 171.22 feet along the arc of a ~gential circular cu~e ~n~ve to the west having a radius of 1 g0.00 f~t through a central angle of ~4~30'00,, and berg subtend~ by a chord which b~rs No~ 04~04'16,,~ 164.~3 feet; · ence Nomh 23~10'44,, West 123.01 f~t; lhen~ no~h~er]y and ~ter[v 197.05 feet along [he arc ora ~gentia] circular cu~e concave to ~e sought having a radius of 10~.00 f~t through a central ~gle of ] 12~54'00" and being subtended by a chord wMch b~m Nomh ~3~16' [6" ~s~ 166.6g f~t: · ence No~ gpo43'16,, E~t ] 10.00 f~t~ · ence ~terly ~d no~westerly 2 [3.10 f~t abng the arc ora ~gentbl circular cu~e ~n~ve to no~st h~ng a ~[us of 100.00 f~t ~roogh a cent~l ~gle of 122°06'00'' ~d being subtend~ by a chord which b~m Nomh 2g~40'l ~., ~t 17~.01 f~t to a point of ~veme cu~ture; · ence no~er]y ~d nomh~terly 7g.69 f~t a[ong ~e arc ora ~genda[ c[rcu]ar cu~ ~n~ve to haMng a radius of~0.00 feet ~ro~gh a ~ntml ~ le of ~0~10'20,, ~d being subtend~ by a chord which b~m No~ 12~42'26,, ~ 70.82 f~t; g ~ no~er[y ~d nomh~ster]y [94.01 f~t along ~e arc ora ~genfia] circular cu~e ~n~ve to ~ ~Mng a mdbs ofT~.00 f~t ~rou~ a ~nt~ ~gle of 14g~12'45,, ~d being subt~d~ by a chord · en~ ~er]y ~d ~u~ter]y 157.0g f~t Mong ~e ~ ofa ~genda[ circular cu~e ~n~ve to ~e ~ou~ haMng a radius of 100.00 f~t ~u~ a ~t~ ~gle of 90~00'00,, ~d being subtend~ by a ~ soundly ~2.9g f~ a]ong ~e a~ ofa ~g~Hal cir~lar ~e ~n~ve ~o ~e no~ ~ng a ~h~ orS0 m0 f~t ~,~fh ~ ~ntml ~ng[e of72o10,2g,, ~d being subtemd~ by p cho~ ~;ch South 35~40'0S,' W~{ 58.90 ~ ~ou~rly ~d s~er]y 24g.~4 f~t along ~e arc ora ~g~a] ci~u]ar co~e ~n~ve lo ~e s~ ~Mng a md]us of I~0.00 f~ ~ugh a ~ntm] ~gle of94~6'03,, ~d ~lng sub~d~ by a ~ord ~ ~m Sou~ 24. 17' ] g" W~ 22 ] .07 · en~ Sou~ 23~10'44,. ~ 123.01 ~ILSON, MILLEK, ~ARTON ~ PEEK, INC. ~i.A~i~EItS, ~NVii~Oiq~ENTALCONsULTANTS, ~NOINEER$, 1 2 ~ SUi~vEYOItS, ~.'~NI~(L~I~ ~CI~tT~CTS, CoNSTKUCTION ~en~ sou~erly ~d sou~sterly 101.05 f~t along ~ arc of · ~g~ntial cir~lar cu~ ~n~ve to no~hw~st having a radius of 50.00 f~t though a ~ntml ~1~ of 11 ~°4T'~ [" ~ b~ing subtended by a o , 4~ W~ 84.T ~ f~t to a po~t of ~mpoun~ ~o~ ~ich ~ South 34 43 I .... ~r~ nfa ~en~al circular cu~c ~n~vc to ~c no~t ~n~ no~~erly 2~6.0~ f~t a~on~ m~ ....... b~ing subt~nd~ by a chord which ~ng a ~dius of 220.00 f~t ~rough a ~nt~l ~glm of 66°41 '32" ~d b~ No~ ~4°02' 10" West ~41 .ST 20o41,24,,W~t 195.01 f~:t; . . con~to~e~ga ~cn~ No~ , ~, ~ ~ ~t lon~ ~c arc of a ~gcntml c~rcul~ cu~ ~cn~ no~tcnY ~ ~.~ .... a ~ and bc;ng subtcnd~ by a ~ord which b~rs ~ius of 2g0.00 f~l ~rough a con,mi anglo of63~54'40'' No~ 11° 15'56' ~ 296.39 f~ ~ a point of ~vcmc cu~; ih~ no~Ecrly' no~hcrly ~d no~stcfly 516.02 f~ along ~ arc of a ~gcnfial circular cu~c ~n~vc w ~c west having a ~dius of 300.00 f~t ~rough a ~n~ml ~glc of 9g°33'0g'' ~d being sublcnd~ by a chord which b~ No~ 06°03' [g'' West 454.72 ~cn~ Noah 55~19'52'' Wc~ 52g.65 ~ No~ 02°23' 16" ~t 275.02 f~l; O]en~ no~tcrly 77.62 fc~t along ~c arc of a ~genfial circular cu~ ~n~vc lo ~c sou~ ha~ng radius of 50.00 f~t through a ~nt~l ~glc of gg°57'04" ~d being subtcndM by a chord which b~s No~ 46~5 l'4g" ~t 70.06 f~t ~o a po~n~ of ~vc~c culture; , a ~n cntial circular cu~c ~n~vc to ~ no~ Mving a ~en~ no~a~terly 731.46 f~t along ~e ar? o~,,,~i,,o,, ~d bei,g subt~nfl~ by a chord which md~ of 1200.00 f~t through a ~tm~ ~g~e ot~ ~ -~ No~h 73~52'36'' ~t 720.19 f~ to a point of re, me eu~re~ . ~en~ no~terly, no~herly and no~awesterly 134.~g f~t along the arc of a ~genfial c~rcular cu~e con~ to ~e west having a mdk~s of 50.00 f~t ~rough a ~ntml ~gle of ! 54°33'46" and being subtenfl~ by a chord which b~rs No~ 20~52'02'' West 9~.55 feet to a point of reverse cu~a~re; ~en~ ~erly ~fl no~h~terly 71.31 feet along ~e arc of a ~genfial ekcular cu~e ~n~ve to ~e no~t having a radius of 35.00 feet through a central angle of 116°44' 1~" ~d being ~ubtend~ by a chord which b~rs No~h 39~46'46'' West 59.60 f~t~ flaen~ North 18°35'23'' ~ 6~.45 feet~ ~en~ No~ 13°49'59" ~t 340.07 ~en~No~ 07*00'50" ~t 161.59 feet~ ~ No~ 82*59' 10" W~t 35.00 f~t~ ~en~ North 07~00'50' ~t 14.74 f~t~ ~en~ No~h ~9~ Ig'51" ~ 527.45 feet~ ~en~ Sou~ 00013' 12" ~st 335.51 ~en~No~ ~9 24 52 ~t 1333.23 feet~ ~en~ No~h 00~32'30'' West 30.00 f~t; ~en~ No~ B9°24~52'' ~t 50.00 feet~ ~en~ South 00*32'30" ~ 53~.45 feet: ~en~ zou~ ~9'29'24" West 9 t6.48 feet~ ~en~ Sou~ 00*06'04" ~t 453.00 f~t; ~ ,~ oo~9'24~ W~t 470.01 f~t; ~ Sou~ 00~06'04'' ~ 2039.29 f~t ~ the Point of Beg~ng of ~e par~l he~n fl~efib~; Subj~ to ~em~ ~d ~fiefions of r~o~. ~n~g 124.29 aer~ mom or ~s. B~gs a~ b~ oa ~e Ceg~ of automation gLB~3. ~ON, ~LLE~ BAKTON & PEE~ ~C. ~f. 4D-94 · Not ~id units ~boss~ wi~ ~ Prof:sio~l's s~l. DEC 0 ~ILSO~, MILLER, BA~TO~ & pEEK,-I~c. ~ 941~9~ Fx 94~ ORDIN,~C,E NO. ~. 68 II 0.,..~ .,~ ~CO~~ ~A OF COLLAR CO~, ~O~A BY ~~G CLA~I~C,~TiON OF THE H~ B~C~B~D ~ CO~-N-~ ~ O~ N~uo . ' v~~ CONs~G O~ 21~ A~; ~ BY PRO~G ~ ~~ DA~ ~~. on Nov~ 10. 1986. ~ ~ of ~ ~~ of ~a Bay p~; ~ ~AS. a ~on of ~e Sabal Bay p~ ~ ~ P~ ~ ~ d~ei~ ~ ~at stooge f~iI~ to be ~o~ ~ ~e H~lton H~r PI~ D~eiopm~t; ~d ~~' ~Pm~tely 103 ~ of ~ p~ ~l~n ~r pmj~ ~ ~ ~e~cfion of~l~ ~. Flofi~ ~d ~t~ ~ ~ ~t~ ~v~t A~t ~ ~ ~ of N~I~ ~ it ~ ~ H~r · · . · , Sg~WION TflRl~g: E~t~-t,u*tVg This Ordinance sh~ll become effective upon filin~ with thc D~artment or' State. PASSED AND DULY ADOPTED by thc Board of County Commissioners of' Colticr ~ Count, Florida, this l;l:~:m, day of ~,.v~,.~ t~99. BOARD OF COUNTY COMMISSIONERS ...... ;'.'.'-~ '."i ....... · COLLIER COUNTY, FLORIDA ..-' ~,.'. :.:.'~u'ss~ -.: .s.~, ..'D:~"-.,~ \ ' .--" .'L:' .: ! ,;~'!! :,'~-,k; =' ~.~,~.~,. ~.~. BY: , \y?;;:..~...,.gff~.~- ~ ~'~ Al~rov~l a~ to From and Leg. I A~istam Comaty Attomcy O:~us~XBETSY~WI~,HAMILTON HARBOR~PUD AE2X)NE OiI. DINANCE.wpd T~is ordinGnce flied with the .... ~.~.t~. day of ~ ockr~owledgeme,~.t of ~t fili~ r~ved this ~ ~Y By x~-~~ AGENO~)-- I No._ /,~- DEC 0 3 2002 .. ,5'/ o~,,L my: ~vvA; 239 597 1060j Nov-14-02 16:28j Page 5 A(~ENDA ITeM 7-A MEMORANDUM TO: " COLLIER COUNTY PLANNING COMIv~SSION FROM: COMA~JI~rlTY DE~LOPt~ & E~O~~ SERVIC~ DATE: ~CFI 18, 1999 ~: P~TION NO: PE~ON FOR ~PROV~ OF CI~ OF N~LES ~ COLLAR CO~ A~O~G ~ CI~ OF N~L~ TO ~PRO~ T~ USE OF CERT~ L~S L~G CO~R CO~ FOR A ~A ~ ~T~D USES. O%~NE RJAGENT: _ Agent: George L. Vaznadoc Young, vanAssend=rp & Varnadoe, P.A. 801 Laurel O~k Drive, Suite 300 Nap]es, Florida 34108 Owner: Collier £ntcrpr/$e$ Jeff Birr, President, Real Estat, Division 3003 Tamitmi '1'~il North Naples, Florida 34103 REOUF,~TED ACTION, This petit/on is intended to autbor/ze the City of N~ples to review smd ~q~pro, .... ;- , ....... for a DEC 0 3 2002 2~9 597 1060; Nov-~4-u~ e~t ~Y: Y~NA; i 1999 oF ~ bu/ 1060j Nov-14-02 16:28; Page 7~ T'n~ sub. i=ct Ja~d ~n ~: Cotu~ty is i~art ofn lazgcr pm..,'cel (i.e. 103 =,crcs) l)~bag in the City °f Naplcs with 6'onta=Re o~ wtte~ of the Gulf o£ Mexico. Tl'ds land is to be developed ~s a lVEarina facilJtl, con:plet~ with -~ and. -=by bc~ bc"~J~jng and stor~e facilities, maxime repair ~nct .~1~, rcltaucam and automobile p~:ing spaces with provisions for trailer storage dining personaJ bo-ting ur, age. -l=h~ land in t.h.e Ccunty ir the principal location of automobile pm,icing and ~ stor'ase bo~dng facJlJdes. The subject property is part of an existLng approved DR] a~d PLr~ Developmen~ Ch'~er know~ ~ Collier DRi/$aba! Bay. The Snbal ]3a¥ 13evelopment Order w~ll subsequently be a~nended to account lror the changes herein proposed. Ex~sttng: Thc propert~ is u.qdeveJoped and zoned PLrD. S~o~dJng: No~- To ~c no~ li~ Bay S~cct ~d msJd~tiai dcvclopm~t. ~e ]~d is zon~ To ~e ~t ~c l~d is ~developed ~d ~ned PL~ (S~g Bay). Sou~- To ~e ~u~ ~e l~d is ~devclop~ ~d P~ (Sab~ West- To thc wes~ the l~d is ~dcvclo~ ~d ~s lo~t~ in ~e CiW of Naples ~d con~t~ thc Ci~ ~on of ~e S~ Bay P~ but w~ch w~ ncv~ o~ci~]y ~p~v~. 3eat By: YVVA; rises of land rcsuRing from approval of this [ntergovcrnrncntal agreement then acid action will bc consistent with the I:I.~ to the Girl3a. Staff review advises that other applic~le elc~nenu of the G)viP will be consistent with those clements, particularly in light of the fact the impacts from the entire Sabot Bay approval are vested by virtue of its DRI status, n~,vcrtheless, this determination will be more formally revic,a,ed with a subsequem aPPlic~ri°n to amend the Sabot Bay PUD ~ OR.I. This application has a nohow scope in thal what is herein requested is approval of an interlocal govemmen! agreement by and between the City of Naples and Collier County which authoriz~ the City of Naples w lake jurisdiction of the approval process lend~g to adoption of a plan of developmenl for 21 acr~ of land lying i~ Collie County. Tllis ai-raagern6'at is not tmusual alld Lq fact in a sirmlar c.~e involvi~ thc Grey Oaks PUD, Collier County assumed the approval role in de~ing with over 600 acres of land lying in the City of Naples. - The action to delegate approval authority to the City of ,xl~ics in order io achieve a unified pla~ of development without regard to political boundaries, nevertheless, subsu-'quently will still re. quire amcr~ch'ncnt to the Ssbsl Bay/Collier DR1 development order~ through the normal procedure provided for lhat process. Our function here is to ack~owleclge that certain land uses tl~t are now going to fall within thc purview of the City of Naples for dcvelopmcn! approval are nonetheless consistent -,~th thc requirements of Collier CountY relative to uses of the land and development standards to be used in rcg'~lating that devtiopment, Thc development st~te~' for Hamilton Harbor as this clevclopment relates to land in Collier CounW is as follows: I. p._~!~,itted prineiwsl Ltse~ No boildin$ or stmr.,tu~, or part thereof, shall be e~ct~L altered or us~i, or latut or Waler usecL m whole or m part, for other t~ the following: A. Ps~ of boat basis ia conjmv~ion with dry boat storatze facility. Dry boal stor.~ f~ility for a maximum of 450 ~ ~ts, in conjunctio~ with the nm'ina C. Msr~e ~lUiPn~t ~d ~x~ sm~s ~ msp~ y. 1 hPR 999 DEC {3 3 2002 ...... ~' '~ 239 597 1060j Nov-14-02 16:29j Page 9 --. ii. Penqjrted Acce~orv Use~: Acc~sory uses a.qd structures which are incidental and cu :toma~ily a~'.;~ciate, d with the above permitted a~c a.s fc, llows: A.~ Inciden~ai loading arid unloa~g of marine supplie~. B. Ponds/water management f.~:ifities. C. Parking lot~. D. Landscape buffets. E, Yacht or sail.inS clubs. F. Signnge.. including i~terrm] directional s'Jgnage. G. Sew~$e ~mp-e~t facilities. H. Fuel storage facilities. I. Accesmty ut, e~ and ~ucmre~ which are incidental to and customarily a.~oci~ed with the per, tied u~es listed above. l'~. MinjrrlLlm Lot Ar~: 10,000 SF - IX". Maximum .Lot covera~,t By Eluiidimz3- 50 percent V. ~Minim um Setback.~ - 50 feet from project perim~t~ boundm3,' ~s '~ Principle and Acce~so ~ry B_ui!din~; depicted Ex. bJbit C General Site Plaza, except For water where thc setback is 0 feet. vi. ~azmm Buil_din_e Hei ~eht; Dry storage facility 48 feet from 8' NGVD to the eaves of the Building. VII. Minimum Off-Str~ Parkin ~,: - ~ v. orag¢ racili~- ~ qr~.e. Zl 0 dr~ slip~. Pm'king spar. es noted axe minimums and may Increase based o~, marJ ,a mdu~'y ~andm-ds. 2:39 597 1060; ~uv-,--~ Water tua~m~t will be conduct~ X. ~_~ter M=naFernentz accordm$ to cngmcca'mg best manag~mcm pr~tices and thc reqliiIzanents of thc South Florkis Water M~rmg~nem Distri~l. A 40' landscape buffer will b~ pro,.Gdod along ~. L~d~a~ buffs: ~e no~ ~de of ~ m~ buff~ ~e ~jo~g ~d~ to ~c n~. ~ av~c of 25' buff~ ~ will be p~ ~ ~c - wetl~ to ~c sou~.of ~c ~)~t. primary acee.ss will b¢ from an entry located XII. ~ at a southern ~,xtcnsion of F~n Street. Il should be noted that the usc of the land is not signi.ficantly diflrer~nt than that which wn$ proposeA in the Collier DRI/Sabal Bay Plan in that thc land was cxtcndcd by that p[~ to bc used l~gcly a~ a wet slip manna which would havc bemi cr~text by altcrirlg (i.e. excavating) {he land to form a ' and excavation activity, the land will bc used J ----.-- ~, r. In lieu of the wet slips, . _., .... ~;.~ m ' · facility (i.e- 36 wet for dry storage of bo~ts tn corUtmcu°n ¥'"~ "~' ' thc same and include prOvisions for slips). Accessory and supporting uses r~rr~ila ¢s$~tially rcstaura.~ts, marine rcp~r~ and sales and attendant r~qulr~ pali~$ facilities. Therefore, it is the opinion of staff thsl the development swato[y is sLmil~r although l~s intensive than that a~¥ approv~ ~ this se. zl~'io, ~~hOri~4n$ tho City to $4~Pr~ve ~.b¢ development stmtcffY dc$~ib~ ~bove will not si~nificazalY cb~ge thc ~Y ~e 10.nd is slrc~¥ aiaprov~l for 239 597 1060; Nov-14-02 16:29; Page I~ CURR~NT PLANNING MANAGER DATE P~EVIEWED BY: R~OB~tT J' ~~ ~CP ~- / ~ PL~N~G SER~CE$ DEP~T~ DIe.oR D~TE ~. ~_ ~-~ COM~U~ DEV, ~D E~RO~~ SVCS. Pe~tlon N~er S~af~Re~ for lh~ Ap~I 1, 1999 CCPC m~tmg. 'OLLIER CO~ PLUG CO~ISSION: MICHAEL .l. BRTJET, CHAIR2MAJW C~TY OF N.~.PL~,.,~ INTER AGI~.~ME~,T ST,~I~F II,~ORT/mzI DEC 0 3 2002 9 ..... ,.. .~. ~ / // =!. EXECUTIVE SUMMARY. AN ORDINANCE CREATING THE ARNOLD/MERCANTILE AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED 1 MIL OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ~: To enact an ordinance creating the Arnold/Mercantile Avenue Municipal Service Taxing and Benefit Unit (MSTBU). CONSIDERATIONS.: On June 26, 2001, the Board approved a public petition, Item 6(C), presented by Mr. Mike Davis requesting the creation of a special taxing district for roadway improvements for Arnold and Mercantile Avenues. The Board's direction to staff was to temporarily fill potholes and prepare an ordinance regarding creation of a special taxing district. Based on information received from the Property Appraisers office, the taxable value within the proposed maintenance district is $50,896,456. One mil of tax value will generate $51,000. Attached for Board review and approval is an ordinance for the purpose of improving Arnold Avenue and Mercantile Avenue to current standards so that these roads may be accepted for County maintenance. The roadway improvements include fight-of-way acquisition, roadway base and paving, and drainage improvements. FISCAL IMPACT: There is no fiscal impact associated with this item. Upon formation of the MSTBU, staff will prepare an operating budget and submit for Board review and approval for the FY04 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board, who has determined it apPropriate to create a Roadway Paving End Drainage Improvement MSTBU for the Arnold Avenue and Mercantile Avenue area, review the attached Ordinance as outlined above and approve enactment7 creatiyf the Arnold/Mercantile Avenue MSTBU. F_xlwar~Tl./~nt, PE,~ -rCl~r~s'p~,ation Operations Director , Petition(s) ' - mk/110502/F_3 Amold/M,~c, antil~ MS~BU.doc l~ g,__~____---- ORDINANCE NO. 2002- -- AN ORDINANCE CREATING THE , ARNOLD/MERCANTILE AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED 1 MIL OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE: PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROgql)lNG FOR AN EFFECTIVE DATE. WHEREAS, Mercantile Avenue and Arnold Avenue are roadways within the unincorporated area of Collier Count)" and WHEREAS, property owners within the proposed taxing district have requested the creation of a Municipal Service Benefit Unit to pay for the improvement and repair of Arnold Avenue and Mercantile Avenue: and WHEREAS, the Board of County Commissioners has determined that the best method for funding the improvement and repair of Arnold Avenue and Mercantile Avenue is by the creation of the Arnold/Mercantile Avenue Municipal Service Taxing and Benefit Unit. THE BOARD OF COUNTY NOW, THEREFORE, BE IT ORDAINED BY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of la~. SECTION TWO: CREATION OF THE ML,~IClPAL SERVICE TAXING UNIT. There is hereby created and established the Arnold/Mercantile Avenue Municipal Service Taxing Unit, hereinafter referred to as "MSTBW'. The boundaries of the MSTBU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTBU is created for the purpose of: (1) acquisition of road right of way (2) providing maintenance and repair of the public roadways including, but not limited to, pavement, drainage and utility facilities within the MSTBU; and (3) maintenance and repair of other public areas within the MSTBU. The governing body of the MSTBU shall be the Board of County Commissioners of Collier County, Florida. Page I of 3 SECTION F.OUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE For the purpose of implementing this Ordinance, the Board of Count), Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTBU for the next fiscal year, which shall be from October I to and including September 30 following ,'the "Budget"). The estimate shall describe the purpose for which the moneys are required and !he amount necessary to be raised by taxation within the MSTBU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of Count), Commissioners shall fly, and cause to be levied on all properties within the MSTBU, subject to taxation or assessment a millage and/or assessment sufficient to meet the requirements of the Budget, provided, however, the millage rate shall not exceed I mil per year. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. Taxes and assessments herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general Count3, taxes. In addition, assessments shall be imposed and collected following the procedures set forth in Collier County Ordinance No. 98-45, as it may' be amended, or its successor ordinance, or as provided by law. SECTION SIX: DUTIES OF THE COL,TNTY MANAGER OR HIS DESIGNEE. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTBU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget. C. To provide periodic written repons to the Board of County Commissioners of the activities of the MSTBU and its finances in accordance with established guidelines of the Board of Count3, Commissioners. SECTION SEVEN: CONFLICT ANti) SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and ["-;& ~, ' Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 2 of 3 SECTION NINE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED ANT) DULY ADOPTED by the Board of County Commissioners of Co~lier __, 2002. County, Florida this _____.---- day of _ BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk JAM~ES N. COLETTA, Chairman Approved as to form and legal sufficiency: ~ Heidi F. Ashton Assistant County Attorney h HFAXOtd\Arnold-MercanlilcA ~ ¢'M STU ' I Page 3 of 3 EXECUTIVE SUMMARY AN ORDINANCE CREATING THE SOUTH 8TM STREET/DOAK AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance creating the South 8~ StreeffDoak Avenue Municipal Service Taxing and Benefit Unit (MSTBU). CONSIDERATIONS: On October 22, 2002, the Board approved Agenda Item 16(B)(3) directing staff to establish an MSTBU for the purpose of improving South 8th Street and Doak Avenue to current standards so that these roads may be accepted for County maintenance. The roadway improvements include right-of-way acquisition, roadway base and paving, and drainage improvements. The Board also directed staff to work with the Immokalee Area Civic Association and the residents of the Doak Avenue Extension area, which adjoins the Doak Avenue area, to ascertain if there is still a desire to have that roadway paved as well. Staff has followed through with this directive, and has included the Doak Avenue Extension area within the boundaries of the MSTBU. Based on information received from the Property Appraisers office, the taxable value within the combined locations of South 8th Street and Doak Avenue is $343,917. A tax of 0.5 mils will generate $172.00. Staff will be working with area residents to develop additional funding sources. FISCAL IMPACT: There is no fiscal impact associated with this item. Upon formation of the MSTBU, staff will prepare an operating budget and submit for Board review and approval for the FY04 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board, who has determined it appropriate to create a Roadway Paving and Drainage Improvement MSTBU for the South 8th Street/Doak Avenue area, review the attached Ordinance as outlined above and approve enactment for creation of the Little League Road/Trafford Farm Road MSTBU. PREPARED BY: Ma..rqa~t.a 9~ng, se. nior,,~I/~m_.il~'trative Assistant DATE: 11/5102__ REVIEWED BY: o a ions Norma~E. Feder, AICP, Transportation ~ervices Admimstrato / Attachment: Ordinance [ AG~-!'JE'.,.\ Location Map/ N O. ~:> ~'_~ Petition(s) DEC - 3 ORDINANCE NO. 2002-_ Ai~l ORDINANCE CREATING THE SOUTH 8TM STREET/DOAK AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A pURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, South 8th Street and Doak Avenue are private roadways within the unincorporated area of Collier County; and WHEREAS, property owners within the proposed taxing district have requested the creation of a Municipal Service Taxing and Benefit Unit to pay for paving and drainage improvements to South Eighth Street; and WHERAS, County staff recommends an evaluation of whether paving and drainage improvements are also needed for Doak Avenue Extension; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the acquisition of right of way, and paving and drainage improvements to South 8th Street and Doak Avenue Extension is by the creation of the South 8th Street/Doak Avenue Municipal Service Taxing and Benefit Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable pro,Asions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the South 8t~ Street/Doak Avenue Municipal Service Taxing and Benefit Unit, hereinafter referred to as "MSTBU". The boundaries of the MSTBU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTBU is created for the purpose of: (1) acquisition of road right of way for public use; (2) providing maintenance and repair of the public roadways including, but not limited to, pavement, Page 1 of 3 drainage and utility facilities within the MSTBU; and (3) maintenance and repair of other public areas within the MSTBU. The governing body of the MSTBU shall be the Board of County Commissioners of Co. llier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE. ~"¢~,' thr~ puv.,ose of implc~aenting this Ordinance, the Board of County Commissioners sh.d] anhually, at fi~.e time required by general budgetary law, make an itemized estimate of the amount money required to carry ou! the business of the MSTBU for the next fiscal year, which shall be from October I to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation and/or special assessment within the MSTBU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTBU, subject to taxation or assessment a millage and/or assessment sufficient to meet the requirements of the Budget, provided, however, the rate shall not exceed .5 mils per year. SECTION FIVE: TAX ASSESSMENT AND COLLECTION. Taxes and assessments herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. In addition, assessments shall be imposed and collected following the procedures set forth in CoiNer County Ordinance No. 98-45, as it may be amended, or its successor ordinance, or as provided by law. SECTION SIX: DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTBU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTBU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN: CO.NFL!Cn, AND SEVEILaBILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, thc more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall bc deemed a separate, /:',C-£F~DA ,TEN~-, distinct and independent provision and such holding shall not affect the validity of the remaining I'40. o portion. DEC - 3 200 Page 2 of 3 pg._ SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances o{ 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 NINE: EFFECTIVE DA~E. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ _ day of ., 2002. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk JAMES N. COLETrA, Chairman Approved as to form and legal sufficiency: Heidi I:. Ashton Assistant County Attorney h:HFAXOrd~ou~.h 8~-D°ak Avenue MSTBU-AIt. AGEiqD,~ '~T No. DEC - 3 2002 Page 3 of 3 TO THE BOAP, D OF COUNTY COMM/SSIONERS OF COLLIER COUNTY, FLOP/DA: The. .~. d. er?i~n~.l~etiti.oner$~ereby request the Board n£ C. mm~y Commissioners ,o est~lxsi~ the L .~ 0 Ct K_ /-.~v P_J/I it.e-. _ l{oad Pa~ing A~essmmt Di~'~ct. it~ understood that tl~ purpose of this district is to corstruct and mak, udn a r;~ad bidlt to County sUmdards. These improvem~ts shall be paid ibr by special assessment and coUectioa by billing arid lien in sufficieat amount to meet the cost of'said impmvem-.nts. Th~ cost o£the p~vin8 proj~'t is our rsapomihility as i~ne.,fili~ pr~t,7, owners. Basc, d s it Is. estl ~ge ~mProvements to upon such factors as road l~ngth a.ad ~;~~;l't;u~veanu~,~$~e~°'Od00 d'pendint~ · that the Transportation Services Division will prepare a more accurate estimate before the Board of Co~.,,~t~ Commissioners tske.~ s.n¥ ¢orrnsI action. A.~cr invcsi~zion by the Transportation Se, trices Divi~iuzi and ~ia adYenised riodce, a _- public hearing shall be held to determine if'the proposed assessment district shall be create, ach at~'te, d property ovmer sI~I be notified of'tho public hearing by U.S. Mail. N~ A.DDI~ESS TAX FOLIO DATE NLrMBER e_.-fi " I Pg'- PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereb~ request the Board of County Commissioners to establish the_ ~'t'# ,.5'{', ,_~ot~.{-~ Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road ~ovement costs it is estimated that paving and drainage improvements to ^ ~-. ?-~_..~c~,,,+~ may be between $25,000 and $$250,000 depending upon suc~ factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER 7'15-<9 2002 MAPLE DRIVE nj fiTH EXECUTIVE SUMMARy AN ORDINANCE CREATING THE LITTLE LEAGUE ROAD/TRAFFORD FARM ROAD MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .5 MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To enact an ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit (MgI'BLD. CONSIDERATIONS: On October 22, 2002, the Board approved Agenda Item 16(B)(4) directing staff to establish an MSTBU for the purpose of improving Little League Road and Trafford Farm Road to current standards so that these roads may be accepted for County maintenance. The roadway improvements include right-of-way acquisition, roadway base and paving, and drainage improvements. The Board also directed staff to work with the Immokalee Area Civic Association and the residents of the Christian Terrace area, which adjoins the Little League Road/Trafford Farm Road area, to ascertain if there is still a desire to have those roadways paved as well. Staff has followed through with this directive, and has included the Christian Terrace area within the boundaries of the MSTBU. Based on information received from the Property Appraisers office, the taxable value of the combined Trafford Farm and Christian Terrace neighborhoods is $3,490,297. A tax of 0.5 mils will generate $1750. FISCAL IMPACT: There is no fiscal impact associated with this item. Upon formation of the MSTBU, staff will prepare an operating budget and submit for Board review and approval for the FY04 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board, who has determined it appropriate to create a Roadway Paving and Drainage Improvement MSTBU for the Little League Roacl/Trafford Farm Road area, review the attached Ordinance as outlined above and approve enactment for creation of the Little League Road/Trafford Farm Road MSTBU. /~__ : DATE: 1115102 Edw t ~t, PE/i.Tr..~/Yd/~ O~erations Direct°r Norman E/?eder, AICP, Transportation Services Administrator / Attachment: Ordinance / Location Map ! Petition(s) mk/110~02/F~ Liltle I~ag~e Rd MSTBU.do¢ A~ENDA iTj~ DEC - 3 2002 'ORDINANCE NO. 2002- AN ORDINANCE CREATING THE LITTLE LEAGUE ROAD/TRAFFORD FARM ROAD MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING THE AUTHORITY; PROVIDING A PURPOSE AND FOR THE CREATION; PROVIDING GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION NOT TO EXCEED .$ MILS OF AD VALOREM TAXES PER YEAR AND ASSESSMENT RATE; PROVIDING FOR THE COLLECTION OF TAXES AND ASSESSMENTS; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Little League Road and Trafford Farm Road are private roadways within the unincorporated area of Collier County; and WHEREAS, property owners within the proposed taxing district have requested the creation of a Municipal Service Taxing and Benefit Unit to pay for the paving and drainage improvements to Little League Road and Trafford Farm Road; and WHEREAS, County staff recommends an evaluation of whether paving and drainage improvements are needed in the Christian Terrance Area which includes Mall Road, Myers Road, Christian Terrace, Christian Terrace West and Christian Terrace Extension (collectively the "Christian Terrace Area"); and WHEREAS, the Board of County Commissioners has determined that the best method for funding the acquisition of right-of-way, and the paving and drainage improvements is by the creation of the Little League }',oad/Trafford Farm Road Municipal Service Taxing and Benefit Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other a plicable provisions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Little League RoadfI'rafford Farm Road Municipal Service Taxing and Benefit Unit, hereinafter referred to as "MSTBU". The boundaries of the MSTBU are as described on the attached Exhibit "A" that is incorporated herein by reference. _ ..... .... ! DEC - 3 2002 Page 1 of 3 SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTBU is created for the purpose of: (1) acquisition of road right-of-way for public use; (2) providing maintenance and repair of the public roadways including, but not limited to, pavement, drainage and utility facilities within the MSTBU; and (3) maintenance and repair of other public areas ~thin the MSTBU. The governing body of the MSTBU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE. For the purpose of implementing this Ordinance, the Board of County Cornmissioncrs shall annually, at the time required by general budgetary law, make an itemized estimate of'he amount of money required to carry out the business of the MSTBU for the next fiscal year, which shall be from October 1 to and including September 30 following (the "Budget"). The estimate shall describe the purpose for which the moneys are required and thc amount necessa~ to be raised by taxation and/or special assessment within the MSTBU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTBU, subject to taxation or assessment a millage an&'or assessment sufficient to meet the requirements of the Budget, provided, however, the millage rate shall not exceed .5 mils per year. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. 'Faxes and assessments herein provided for shall be asses,~ed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. In addition, assessments shall be imposed and collected following the procedures set forth in Collier County Ordinance No. 98-45, as it may be amended, or its successor ordinance, or as provided by law. SECTION SIX: DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTBU in accordance with established policies of the Board of County Commissioners anti guid~ nes adopted by the Committee. B. To prepare the annual budget. C. To provide periodic written ~eports to thc 13o~:d of Ccu::ty Cc:_~niss'~eners of the activities of the MSTBU and its finances in accordance with established guidelines of the Board of County Commission'ers. SECTION SEVEN: CONFLICT AND SEVERABILITY. ~"(o.__._~_.__~___ In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable ~-- ,- ,~ law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, [~g--- '~ Page 2 of 3 distinct and i~depend~nt provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: EFFECTIYE DATE. This Ordinance shall be effective upon filing wi'th the Flor/da Department of State. 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 OF COLLIER COUNTY, FLOR[DA JAMES N. COLETrA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:HFA~O~Ik Little I.~ague-Lake Traffotd Road -Alternative MSTBU --- DEC 3 2002. Page 3 of 3 PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersig0ed getitior~ers hereby re_quest the Board of County Commissioners to establish the ~._~ '.~ ~(~_ ~_ _~ (Net IA (-' ~ th'[. Road Paving Assessment District. It is understood that the pu,,pose, ~fthis ~istrict is to ,:onsm ct anO maintain a road built to County standards. These improvements .ihall be pait~ for b3, special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based L [qa,d ir~provemenbqa,st.s it is estimated that pavine and drainage improvements to '~'~0_.~ ~0._~ ~___~. may be between'S25,000 and $$250,000 depending upon shch fact6r~ as road length and drainage requirements. We understaud that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER ~,- _ ~, .~* .... ' LOoL PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request,the Board of County Commissioners to establish the '--I"'E~.00~.."',.~ ¢--~ct~ .~. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on.~road improvement costs it is estimated that paving and drainage improvements to ~ 7'O~4L~r~-'L ~"a,.crex ~,,,:,~. may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER 13 /~.~/~/~ ~ ~/0"~~,~ F~,,~~0~77/7~ 19 ~0 22 rqo. 23 25 ~._ PETITION TO THE ~OARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the ]..-i~.,q'~ec' I_z[.~ 9__., Road Paving Assessment District. It is understood that the purpose afthis district is tc construct and maintain a road built to County standards, These :mpro',,'::mer:~s shall be pa~ t for [ y special assessment and collection by billing and l~en in s'~fficient am~)unt to meet the cost of said improvements. The cost of the paving prQect is our responsibility az benefiting property owners. Based on ro, ad improvement costs it is estimated that paving and drainage improvements to ~-~ ~ o~,~2~'xer ~,~. may be lzetween $25,000 and $$250,000 de endin . _..~ - . __ . . - P g upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. After investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE 7 8 9 10 11 12 13 14 15 16 17 18 19 -- 20 21 22 23 t,~o. 24 PETITION TO THE ~0ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigneq[ petitioners hereby request the Board of County Commissioners to establish the '~/'~['O_13 Lo.._ ~.e.. Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road improvement costs it is estimated that paving and drainage improvements to V~ i--o_~D [ ,xt~ may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. At~er investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. NAME ADDRESS TAX FOLIO DATE NUMBER 6 ~ 7 8 9 10 11 12 13 14 16 17 18 19 20 21 ,- 22 23 25 PETITION TO :I2-tE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners hereby request the Board of County Commissioners to establish the L~,~ r,-~ec [.-h, Road Paving Assessment District. It is understood 'hat th~. purt. ose of..his dL rict is, to construct and maintain a road bu&:to County standard~. Thesa imr. rovemtnts shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on~.oad improvement co~s it is estimated that paving and drainage improvements to ~b ~.,r~-,~c' L_~. may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. A.tier investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. I TAX FOLIO DATE NAME ADDRESS NUMBER 3 ..-I ,_,~, P,..~.,v,., ,~.-t_-'z-, 'd? .'r'G., ,. C,,=,~,~.,- &,, ,,..z '2PV/.~%t';o£'bb'l "-'7 7 '/ - , v - , , _ 8 9 10 11 12 13 14 15 16 17 19 20 21 22 ~ : ?~ ,~.'A ii'Er'df 23 24 Pg._. q PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The undersigned petitioners her,eb.y_jequest the Board of County Commissioners to establish the- ~()-~.'i~ ;~QICL} ~ f- Road Paving Assessment District. It is understood that the purpose of this district is to construct and maintain a road built to County standards. These improvements shall be paid for by special assessment and collection by billing and lien in sufficient amount to meet the cost of said improvements. The cost of the paving project is our responsibility as benefiting property owners. Based on road improvement ~r,~sts~i is estimated that paving and drainage improvements to --~~ ( OJ~~-,- · ~ may be between $25,000 and $$250,000 depending upon such factors as road length and drainage requirements. We understand that the Transportation Services Division will prepare a more accurate estimate before the Board of County Commissioners takes any formal action. Alter investigation by the Transportation Services Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.S. Mail. ~ NAME ADDRESS TAX FOLIO DATE NUMBER 6 7 8 9 10 11 12 13 .. 14 15 16 17 18 19 20 23 24 25 NAME ADDRESS TAX FOLIO DATE NUMBER i-- :z/ / / ~:~. :~ ~, ' -:'~,~oso~ " /. '-' ~ .. ,', ~,.~ I~0o00 _ D E C -- 3 2.002 Pc-_M U~E LEAGUE ROAD/ ! iTRAFFORD FARMS ROAD AREA CHRISTIAN TERRACEI = It I.~--~ : ~._._ ~ L -" ..... ; UTTLE LEAOUE ROAD No, EXECUTIVE SUMMARY PUDZ-2002-AR-2200, RICHARD D. YOVANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN AND JOHNSON, P.A., REPRESENTING FIRST BAPTIST CHURCH OF NAPLES, INC., REQUESTING A REZONE FROM "C-I" TO "PUD" PLANNED UNIT DEVELOPMENT KNO'vVN AS MISSION SQUARE PUD LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD BETWEEN GOODLETTE-FRANK ROAD (CR-851) AND JAEGER ROAD FOR PROPERTY LOCATED AT 1595 PINE RIDGE ROAD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.5± ACRES. OBJECTIVE: To have the Board of County Commissioners approve a rezoning request that is consistent with the Collier County Growth Management Plan and Land Development Code. CONSIDERATIONS: The petitioner wishes to rezone 10.5 acres of land, currently occupied by a church, from "C-1i' (Commercial Professional and General Office District) to "PUD" (Mission Square Planned Umt Development). The petitioner proposes a PUD, which would permit a maximum of 140,000 square feet of retail, restaurant, medical and professional office uses, which are generally compatible with the C-1 through C-3 zoning districts (certain uses, considered incompatible, are prohibited). The parcel is not within an Activity Center, however the petitioner wishes to utilize the Office and In- fill Commercial Subdistrict provisions to rezone the parcel. The proposed PUD is currently developed with a church building and accessory buildings formerly utilized by the First Baptist Church of Naples. A private road, which provides access to Pine P~idge Middle School from Pine Ridge Road, bisects the property. The subject parcel is consistent with the Future Land Use Element of the Growth Management Plan. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects DEC 0 3 2002 impact fees prior to the issuance of building permits to help offset the impacts of each new ...... development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: $578 $ 578 · Libraries Impact Fee: $180.52 $ 181 · Fire Impact Fee: $0.30 per square foot under roof $ 42,000 · Road Impact Fee: $7,528.00 per 1,000 square feet $1,053,920 · Correctional Facility: $1.3260 per square foot $ 185,640 · EMS Impact Fee: $299.00per 1,000 square feet $ 41,860 The estimated total amount of impact fees for the proposed rezone is $1,324,179. It should be noted that because impact fees vary by 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 are 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 when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad 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 ~rrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: 'Ire subje ~. property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, within the Urban - Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." For a complete analysis of the OIC criteria, refer to the attached CCPC Staff Report. 2002 Based upon that analysis, staff concludes the proposed commercial retail and office uses for the subject property are consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues, since the property was previously developed. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the site was previously developed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 7, 2002. County staff and the petitioner testified. After a discussion that centered around the project's impact on the Level Of Service of this segment of Pine Ridge Road, the petitioner requested a continuance until the meeting of November 21, 2002. The petitioner requested the continuance to consider the available options, including a possible phasing of the project. The CCPC, by a vote of 5 to 0, continued petition PUD- 2001-AR-798 to the meeting of November 21, 2002, after the deadline for preparation of this Executive Summary; therefore, the CCPC recommendation will be presented verbally to the BCC. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed PUD qualifies under the Office and Infill Commercial Subdistrict criteria, is consistent with the Growth Management Plan and is compatible with surrounding land uses. Therefore, Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2002-AR-2200 to the Board of County Commissioners with a recommendation of approval. DEC 0 3 2002- 3 PREPARED BY: F~P~ISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: DATE ../,SUSAN MURRAY, AICP CURRENT PLANNING MANAGER MARGAR~, [ WUERSTLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: ,//JOSEPH K. SC'HM~TDXTE" COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PUD-2002-AR-2200 DEC 0 3 2002 4 Pg. /,~ AGENDA ITEM 8-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 15, 2002 RE: PETITION: PUDZ-2002-AR-2200 MISSION SQUARE PUD OWNER/AGENT: Agents: Anita Jenkins, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Richard Yovanovich, Esq. Goodlette, Coleman and Johnson, PA 4001 9th Street North Naples, FL 34102 Owner: First Baptist Church of Naples, Inc. 3000 Orange Blossom Drive Naples, FL 34109 Purchaser: JED of Southwest Florida 9130 Corsea Del Fontana Way Naples, FL 34109 REQUESTED ACTION: The petitioner wishes to rezone 10.5 acres of land, currently occupied by a church, from "C-I" (Commercial Professional and General Office District) to "PUD" (Mission Square Planned Unit Development). GEOGRAPHIC LOCATION: The property is located on the north side of Pine Ridge Road between Goodlette v:,-..t. R nacl arid Airport-Pulling Road. ~ DEC 0 3 2002 PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a PUD, which would permit a maximum of 140,000 square feet of retail, restaurant, medical and professional office uses, which are generally compatible with the C-1 through C-3 zoning districts (certain uses, considered incompatible, are prohibited). The parcel is not within an Activity Center, however the petitioner wishes to utilize the Office and In- fill Commercial Subdistrict provisions to rezone the parcel. The proposed PUD is currently developed with a church building and accessory buildings fon'nerly utilized by the First Baptist Church of Naples. A private road, which provides access to Pine Ridge Middle School from Pine Ridge Road, bisects the property. The proposed PUD deviates from the requirements in the LDC (setbacks are reduced to 5 feet - permitted by an Administrative Variance in the LDC; inclusion of architectural features; specification of a sign for Pine Ridge Middle School). Section 2.5.5.2.5.6 of the LDC permits PUDs to deviate from the LDC requirements if comprehensive sign standards are contained in the PUD document. SURROUNDING LAND USE AND ZONING: Subject Parcel: The parcel is developed as a church and accessory buildings; zoned C-1 & C-1 with a wellfield protection overlay Surrounding: North: Pine Ridge Middle School; zoned A and 24-Hour Club; zoned C-1 East: Self-storage facility; zoned PUD (Jaeger PUD) South: Pine Ridge Road ROW, across which ar,~ single-family homes; zoned PUD (Moorings Park Estates PUD) West: MLS of Naples building; zoned C-1 and 24-Hour Club; zoned C-1 2 DE[: 0 3 2002 Pg. ~ , I II I GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, within the Urban - Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial development on small parcels within the Urban - Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, ma3' not be compatible or appropriate." Criteria for this Subdistrict, followed by staff comments, include: a. The site must abut an arterial or collector road [the subject portion of Pine Ridge Road is a "Minor Arterial"]; b. Commercial use is limited to 12 acres, any excess acreage "is limited to an environmental conservation easement or open space" [the PUD Master Plan depic'. 7.25 acres slated for development with the remainder (3.21 acres) designated "Detention Area and Open Space Buffers"]; c. The site must abut commercial zoning on one or both sides [the abutting land to the west is also zoned C-l,' and thc PUD to thc cast is approved for commercial and light industrial uses]. d. The depth of the site cannot exceed depth of abutting commercial parcel(s) [the sites to the east and west of the subject property are both deeper than the subject site]. e. The proposed "project uses are limited to office or low intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) abov~ ~ the t~roi~t AG~A 3 DEC 0 3 200; uses may include those of the hi~hes't interiSity abutting commercial zoning district" [The subject site abuts commercial uses on both sides. f. The subject parcel was created prior to Oct. 28, 1997 [this parcel existed as of that date] g. The project will be served by central water and sewer [the applicant is requesting County sewer and water]. h. The project will be compatible with existing land uses and permitted future land uses on surrounding properties" (also required by Policy 5.4) [Current Planning staff believes that the proposed uses are compatible]. i. "For those sites that have existing commercial zoning abutting one side, commercial zoning used pursuant to this subsection shall only be applied one time to serve as a transitional use and will not be permitted to expand." [Commercial zoning exists on both sides]. j. A maximum of 250 acres may be rezoned utilizing this Subdistrict [+ 86 acres have used this provision to date and + 5 acres are pending, exclusive of the subject site] The Transportation Element (Policy 9.3) encourages project interconnections. The subject property is currently interconnected with the Middle School and an adjacent private club. There are no proposed interconnects to the east or west. 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, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The subject parcel is consistent with the Future Land Use Element of the Growth Management Plan. The PUD document attached to this Staff Report has been revised to include conditions as approved by County staff. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental h'npact Statement was not required. An ElS was not required because the site was previously developed. DEC 0 3 2002_ PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed PUD qualifies under the Office and Infill Commercial Subdistrict criteria, is consis:ent with the Growth Management Plan and is compatible with surrounding land uses. Ther,:fore, Planrdng Services staff recommends that the Collier County . Planning Commission forward Petition RZ-2002-AR-2200 to the Board of County Commissioners with a recormnendation of approval. PREPARED BY: D'~CHL, AIC~ " /c.:~)o FRE DATE PRINCIPAL PLANNER REVIEWED BY: /'-;, /,'""/~],' ....... /. ,.,::, ::, * .~'; - O'Z. SUS~'N MURRAY, AICP/: DATE j~RENT PLANNING MANAGER IqAt~GA~ET WbEi~STLE, AICP DATE PLANNI~NG SERVICES DIRECTOR APPROVED BY: /JOSEPH K. SC"MITT / D~ ( ~MM~Y DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADM~IST~TOR ~etition ~-2002-AR-2200 COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNAT.!y~, CHAIRMAN g/cu rrent/reisch [/rezones/Mission Square,/staffreport/RZ-2002-A R-2200 I s } DEC032002 pg. lO REZONE FINDINGS PETITION PUDZ-2002-AR-2200 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The petition is consistent with the Collier County Growth Management Plan, specifically with the Office and Infill Commercial Subdistrict. 2. The existing land use pattern; Pro: The parcel is within a subdistrict, which permits commercial uses. Con: An adjacent land use is agricultural. Summary Findines: The proposed land use is compatible with the adjacent existing land uses, including the existing agricultural use, which is used as a middle school. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The petition is consistent with the Collier County Growth Management Plan, specifically with the Office and Infill Commercial Subdistrict. Con: Evaluation not applicable. Summary Findings: The proposed amendment is related to adjacent districts and will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn. Con: Evaluation not applicable. DEC 0 3 2002 Summary Findings: The current district boundaries are logically drawn, since they are consistent with the Future Land Use Element. 5. Whether ct,~anged' or changing conditions make the passage of the 0ropc~ed amendment necessary. Pro: The property owner believes that the property may best be utilized as a mix of office and commercial uses, as allowed by the Growth Management Plan. Con: Evaluation not applicable. Summarx Findings: Pine Ridge Road has changed in character over the last 20 years. It has changed from a two-lane road with a railroad crossing on the north side of town, to one of the major east-west corridors. The petitioner's request reflects this change. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The PUD is surrounded by non-residential uses on the north, east and west. The single-family neighborhood to the south is separated by Pine Ridge Road, a 6-lane arterial road. Con: The PLrD is adjacent to an agricultural parcel. Summary Findings: The proposed shopping center will be adjacent to an agricultural parcel, however, that parcel is being utilized as a middle school. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, e" otherwise affect public safeW. Pro: The parcel is currently zoned C-1 and could currently redevelop as offices. The proposed PUD was reviewed by Transportation Services regarding increased traffic resulting from the rezone. Con: Offices and retail uses will generate additional traffic during the work week, compared to the current church use. Summary Findinl~s: The T'/'ansp~rtation Services Division has reviewed th~ PUD and has found that it meets current regulations. DEC 0 3 2002 2 n. 12. 8. Whether the proposed change will create a drainage problem; Pro: The project will be required to conform with the South Florida Water Management District regulations. Drainage problems will not be created when construction is done in accordance with these regulations. Con:, Evaluation not applicable. Summary Findings: The project will be required to conform with the South Florida Water Management District regulations. Drainage problems will not be created when construction is done in accordance with these regulations. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro'. The proposed commercial use will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards of the zoning district in which it is located. Therefore, the availability of light and air to the neighbors will not be affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro..'. The subject parcel is currently zoned commercial, so the proposed rezone will not significantly affect the area. Con: Evaluation not applicable. Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. Summary Findines: Development of adjacent properties in accordance with existing regulations will not be affected. DEC 0 3 2002 3 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. 'Summary Findings: The proposed rezone is in compliance with'~he G,owtt Management Plan. Therefore, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summar3' Findings: The property still could be used as a church, or redeveloped as offices, as permitted under its current zoning. However, the petitioner wishes to have an option to use the property for offices and retail uses. 14. V~hether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findines: Staff's analysis indicates that the rezone is consistent with the Growth Management Plan, as amended; and serves the needs of the neighborhood and the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicabD. Summar3' Findines: There are many similar parcels in the County. The petitioner wishes to utilize the option to construct commercial uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. DEC 0 3 2002 Pro/Con: Evaluation not applicable. Summar,f Findings: The subject property is developed as a church. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: The rezoning of this property is intended to result in the creation of a shopping center. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. DEC 0 3 2002 Florida Department of State, Division of Corporations Florida Non Profit FIRST BAPTIST CHURCH OF NAPLES, INC. PRINCIPAL ADDRESS 300 ORANGE BLOSSOM DR NAPLES FL 34109-2127 Changed 02/14/2002 MAILING ADDRESS 300 ORANGE BLOSSOM DR NAPLES FL 34109-2127 Changed 02/14/2002 Document Number FEI Number Date Filed 703144 590799902 11/13/1961 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT 03/22/1996 NONE Registered Agent Name & Address SMITH, L. 1. 5170 10TH AVENUE S. W. NAPLES FL 33999 Name Changed: 03/12/1990 Address Changed: 03/12/1990 Officer/Director Detail = Name & Address [ Title SHELFORD, JOHN 8203 LOWBANK DR TD NAPLES FL 34109 . .~r~ ~ MOORE, GEORGE 6914 WELLINGTON DR DVP NAPLES FL 34109 DEC O 3 2002 .../cordet.exe?a 1 =DETFIL&n 1 =703144&n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=&r~=& 10/15/2002 Page 2 of 2 Division of Corporations SttAVE, TIMOTIIY 2995 41ST ST SW. SD NAPLES FL 34116 .lACK, WATSON 6017 PINE RIDGE RD #282 L._ NAPLES FL 34119-3956 Annual Reports View Events No Name History Information Document Images Listed below are the images available for this filing. ,_02/14/2002 -- ANN REP~IFORM BUS_REP 04/03/2001 -- ANN REP/UNIFORM BUSREP 03/14/2000 -- ANN REP/UNIFORM BUS ~LEP 03/10/1999 -- ANNUAL REPORT 03/27/1998 -- ANN~._AL REPORT 05/08/!997 -- ANNUAL REPORT 04/12/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT DEC 0 3 2002 .../cordet.exe?al=DETFIL&nl--703144&n2=NAMFW'D&n3=0000&n4=N&rl=&r2=&r3=&l 0/15/2002 Division of Corporations Page 1 of 2 Florida Dcpartment o[' State, Division of' Corporations Pubt/c Florida Profit JED OF SOUTHWEST FLORIDA, INC. PRINCIPAL ADDRESS 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 Changed 03/26/2002 MAILING ADDRESS 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 Changed 03/26/2002 Document Number FEI Number Date Filed P98000070792 593529746 08/13/1998 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address D'JAMOOS, JOSEPH E 9130 COl*SEA DEL FONTANA WAY NAPLES FL 34109 Name Changed: 01 / 12/2000 Address Changed: 03/26f2002 Officer/Director Detail DEC 0 3 "" ~' .../cordet.exe?a 1 =DETFIL&n 1 =P98000070792&n2=NAMFwD&n3 =0000&n4=N&r I =&r2= 10/15/2002 Page 2 of 2 Division of Corporations Previous Filing 1 Retum to List ~ Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. 08/1/3 1998 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT i~ ~: ~oratiO] DEC 0 3 2002 .../cordet.exe?al =DETFIL&nl=P98000070792&n2=NAMFWD&n3=0000&n4=N&rl =&r2 10/15/2002 PUDZ-2002-AR-2200 PROJECT//2001110053 DATE: 3/11/02 FRED REISCHL APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) First Baptist Church of Naples, Inc. Applicant's Mailing Address 3000 Orange Blossom Drive City Naples State FL Zip 34109 Applicant's Telephone # 597-6057 Fax # 597-1678 Name of Agent Rich Yovanovich, Esq Firm Goodlette. Coleman and Johnson Agent's Mailing Address 4001 9th St N City N_aples State FL Zip 34102 Agent's Telephone # 435-3535 Fax# 435-1218 COLLIER COUNTY COMMUNIT~ DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 DEC 0 3 2002 Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address and Office Percentage of Stock -- Jack Watson. President N/A Robert Moon, Vice President N/A Timothy Shave, Secretary N/A If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest DEC 0 3 2002 ..i. If the property is in the nalne of a GENEF:.AL c~r LIM!TED .°ARTNERSHIP, list · the name of the general and/or limited partr, ers.. Name and Address Per:entage of Ov'nership _ :. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: August 29, 2001 Name and Address Percentage of Ownership J.E.D of Southwest Florida Joseph E. D'Jamoos. President 100% If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired ~] leased [--] Term of lease __.yrs./mos. If Petitioner has option to buy, indicate date of option: and date' option terminates: , or anticipated closing date [ EC 0 3 200,. h. Should an5' changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le aidescri tion of the ro er coveredb t~_~lication: (If space is 7~nadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 10 Township: 49 S Range: 25 E Lot: Block: Subdivision: _ ._ ._~. Plat Book: Page #: ~ Property I.D.#: Metes & Bounds Description: Please refer to the Mission Sq_u_are PUD document for detailed le_g~l. _ 4. Size of property': .. ft. x . ft. = Total Sq. Ft. ~Acres + 10.5 5. Address/general location of subject property: 1595 Pine Rid_g~_ Road 6. Adjacent zoning and land use: Zoning Land Use N A Pine Ridge Middle School S Moorings Park PUD_ Residential E Jaeger PUD Industrial W C- 1 NABOR office DEC 0 3 2002 Pg. ~.~ Does the owner of the subject property ov~.n property contiguous tq the subject property? If so. give complete legal .:lescn-)tion ,f er,tire ccntiguc ~s p~'.)pens,. (If space is inadequate, attach on separate page). .Section: Townsl~ip: Range: Lot: Block: Subdivision: Plat Book: Page #: ~ Property I.D.#: *ietes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the C-1 zoning district(s) to the PUD zoning district(s). Present use of the property: church and school Proposed use (or range of uses)of the property: mixed use -office. retail, residential 8. £valuation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Comr~ission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. DEC 0 3 2007 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subiect propert)':. To your knowledge, has a public I~earing been held on this property within the last year'? If so, what was the nature of that hearing? no DEC 0 3 2002 STATEMENT OF UTILFI'Y PROVIS; ON~c: FOR '.~TAN,gARff REZONE REQUEST 1. Name of Applicant: 2. Mailing Address: City State Zip 3. Address of Subject Property (if available): 4. Legal Description: Section: _ Township: Range: Lot: Block: Subdivision: Plat Book: Page #: __ Property I.D.#: Metes & Bounds Description: 5. Type of sewage disposal to be provided (check applicable system): a. County Utility System [] b. City Utility System [--] c. Franchised Utility System [] Provide Name d. Package Treatment Plant [--1 (GPD capacity) e. Septic System 6. Type of water service to be provided: a. County Utility System b. City Utility System [--] · c. Franchised Utility ~ystem Provide Name d. Private System (Well) [--] 7. Total population to be served: 75 persons, 140,000 SF commercial AO~IDA 8. Peak and Average Daily Demands: A. Water - Peak 365.760 GPD Average Daily 90,510 GPI -- B. Sewer - Peak 302,400 GPD Average Daily 74,800 GPI DEE 9. Il' proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: February' to June 2003 10. Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding die method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Not applicable. The applicant will utilize Collier CounO' Utilities for sewage disposal. 11. Collier County Utility Dedication Statement: If the project is loca*ed within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution :md sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the Countv Utilities I~ivision prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving tk e water and sewer systems. Per the language of the PUD Amendment and the Collier County Land Developme~,t Code. the utility infrastructure that is required by Collier County Utility Ordinance to be dedicated to Collier County will be dedicated at the time of site certification. 12. S?atement ~f availability capacity from other providers: Unless waived or otherwise p~-.:: vided fo at the pre-application meeting, if the project is to receive sewer or potable water scr,.'ices from any provider other than the County, a statement from that provider indicating ti:hr there is adequate capacity to serve the project shall be provided. .\;~ ~q~plicable. The Applicant will receive utility service from Collier County for both t' "." ~i~t~' water and sanitary sewer. AC~NOA DEC 0 3 2002- PL D REZO iE A -'PLiCA'IION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of Not Requirements Copies Required Required 1. Completed Application 15 x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 x Partners if a Corporation 3. Completed Owner/Agent Affidavit. Notarized 1 x 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans 15 x 6. Environmental Impact Statement (EIS) 4 x 7. Aerial Photograph (with habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attachments and sketches) 9. Traffic Impact Statement (TIS) 4 x 10. Historical & Archaeological Survey or 4 x Waiver Application 11. Copies of State and/or Federal Permits 4 x 12. Architectural Rendering of Proposed Structure(s) 4 x 13. Application Fee, Check shall be made payable to -- x Collier County Board of Commissioners 14. Other Requirements - As thc authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. [ understand that failure to include all necessary submittal information may result in the delay of processing this petition. "' , ,p'licat/t te ~./ ~ ~ DEC 0 3 2002 P~. ~ AFFIDAVIT .j,,~v_~,. . ~,~, ~ ~___,~ r.~_ ;o the owner or the-rover~ described herein and which is irst ~aplist qnurcn ol~vap~e*, ~nc,. ,o ~ r r -~ . . ., . the subject matter of the proposed hearing; that ali the a~wers to the questions tn tins application, including the disclosure of interest information, all s~tches, data, and other supple~nentary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belie~ 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 Coun~ printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required i~ormation has been submitted. . As proper~ owner, I further authorize Rich Yovanovich, Esq. and Anita Jenkins, ACIP to act of Pr e Typed or ~/in{ed Name of Owner ~ G Vwh° perso, V to - ~ / ~ as identification. Coun~ of Collier (Signature) (Print, of NotaT~ DEC 0 3 2002 ORDINANCE NO. 02- AN ,ORDINANCE Al~ TENDING ORI~INANCt~ NUN, 3ER ~cI-102 THE COLLIER COUN~ LAND DE 7ELOPMENT O )DE ~'HICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE brNINCORPORATED AREA OF COLLItiR COUNTY, FLORIDA BU AMENqDING THE ¢'FFICL~J ZONING ATLAS MAP NUMBERED 9510S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ' C-I TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MISSION SQUARE PUD LOCATED AT 1595 PINE RIDGE ROAD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.5+ ACRES; AND BY PROVIDING AN EFFECTWE DATE. WHEKEAS, Rich Yovanovich, of Goodlette, Coleman and Johnson, representing First Baptist Church of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 49 South, Range 25 East, Collier County, Florida, is changed from C-1 and PUD to "PUD" Planned Unit Development in accordance with the Mission Square PUD Document, attached hereto as Exhibit "A" and incorporated by reterence herein. The Official Zoning Atlas Map numbered 9510S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing xvith the Department of State. PASSED AND DULY ADOPTED by the Board of Count>' Commissioners of Collier County, Florida, this __ day of ,2002. DFC 0 3 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 r~'~/Ma~jorie M. Student Assistant County Attorney PUDZ-2002-AR-2200/FR/sp AGENDA ~T~_M~ DEC 0 3 2002 · MISSION SQUARE A PLANNED UNIT DEVELOPMENT PREPARED FOR First Baptist Church of Naples, Inc. 3000 Orange Blossom Drive Naples, FL OCTOBER 2002 DEC O3 2002 03.5304)01-001- P~KJO- 2~218 Exhibit "A" MISSION SQUARE A PLANNED UNIT DEVELOPMENT 10___ Acres Located in Section 10 Township 49 South, Range 25 East Collier County, Florida PREPARED FOR: First Baptist Church of Naples, Inc. PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 DATE FILED: 2/25/02 DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER DEC 0 3 2002 10,'31NQQ2* 103257 Ve~ 04~- A,JeW~ p~o~,~_,~ TABLE OF CONTENTS ., PAGE STATEMENT OF COMPLIANCE/\ND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description of the Project and Proposed Land Uses 2.3 Compliance with County Ordinances 2.4 Land Uses 2.5 Water Management Siting, Excavation and Setback Requirements 2.6 Fill Storage 2.7 Use of Rights-of-Way 2.8 Sales Office and Construction Office 2.9 Preliminary Subdivision Plat and Phasing 2.10 Open Space 2.11 Surface Water Management 2.12 Environmental 2.13 Utilities 2.14 Transportation 2.15 Common Area Maintenance 2.16 Design Guidelines and Standards 2.17 Landscaping, Berms, Fences and Walls 2.18 Signage 2.29 General Permitted Uses SECTION Ill MIXED USE DEVELOPMENT 3-1 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Structures 3.4 Development Standards EXHIBIT a MISSION SQUARE PUD MASTER PLAN (VVMB&P File No. D-03530-04) STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the First Baptist Church of Naples, inc., and its successors and assigns, hereinafter referred to as the Developer, to create a P~anned Unit Development (PUD) on 10.5d: acres of land located in Section 10, Township 49 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mission Square. The development of this site will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified in the FLUE of the Growth Management Plan and on the Future Land Use Map. 2. The subject property meets the Office and In-fill Commercial Subdistrict cdtefia as identified in the FLUE of the Growth Management Plan, and therefore may be redeveloped with commercial and office uses. 3. Mission Square is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 4. Site and building improvements will be in compliance with applicable land development regulations unless and to the extent amended herein. 5. The development of Mission Square will result in a well-designed commercial project, through coordinated and regulated signage, building design, vehicular, bicycle, and pedestrian access and landscaping, and will further the intent of Policies 3.1 .E and F of the FLUE. 6. The development of Mission Square will be designed in a manner consistent with Objective 7, Policies 7.1, 7.2, 7.3 and 7.5, which address access management, on-site traffic, bicycle and pedestrian circulation. 7. The development of Mission Square will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 H and L of the Future Land Use Element. 8. Mission Square will be developed consistent with the Collier County Access Management Plan, as required in Section 2.6.38 of the Collier County Land Development Code. 9. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. iii DEC 0 3 2002 SHORT TITLE h'his ordinai~ce shall bt, known and cited as the "MISSION SQUARE PLANNED UNIT ,~ )EVELOPM'~NT O'~DIN,~ ,NCE. AGENDA ITEM DEC 0 3 2002 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Mission Square, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All the following described land situated, lying and being in Section 10, Township 49 South, Range 25 East Commencing at the southeast corner of said Section 10: thence westedy along the southerly boundary line of said Section 10, 1000 feet to a point; thence northerly and parallel with the easterly boundary line of said Section 10, 50 feet to a point on the northerly boundary line of S.R. 31 and the point of beginning: thence continuing in the same direction 800 feet to a point: Thence easterly and parallel with the southerly boundary line of said Section 10,445 feet to a point: thence southerly and parallel with the easterly boundary line of said Section 10, 800 feet to a point of the northerly boundary line of S.T. 31; thence westerly along the northerly boundary line of S.R. 31 a distance of 445 feet to the point of beginning. Subject to easements restriction and reservation of record, containing 8.17 acres more or less. And, all the following described land situated, lying and being in Section 10, Township 49 South, Range 25 East: Commencing at the Southeast corner of said Section 10; thence westerly along the southerly boundary line of said Section 10, 1100 feet to a point; thence northerly and parallel with the easterly boundary line of said Section 10, 50 feet to a point on the northerly boundary line of S.R. 31 and the point of beginning; thence continuing in the same direction 500 feet to a point; thence westerly and parallel with the southerly boundary line of said Section 10, 200 feet to a point; thence southerly and parallel with the easterly boundary line of said Section 10, 500 feet to a point on the northerly line of S.R. 31; thence easterly along the northerly boundary line of S.R.31,200 feet to the point of beginning. Subject to that certain utility easement dated 2/26/73, recorded in official record book 520, page 821, public records of Collier County, Florida, containing 2.29 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by the First Baptist Church of Naples, Inc., or its assigns, whose address is 3000 Orange Blossom Drive, Naples, FL 34109. DEC 0 3 2002 0C~3530-001.001 - I~ 2~218 1-2 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 10, Township 49 South, Range 25 East, and is generally bordered on the west by the Naples Area Bcard of Realtors, to the south by Pine Ridge Road, to the east by the Jaeger PUD, and to the north by the Pine Ridge Middle School. B. The zoning classification of the subject property at the time of PUD application is C- 1. C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the subject property is located within Zones "AE-11" of the FEMA flood insurance rate map. D. The site is currently developed with church and private school uses. DEC 0 3 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Mission Square PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF MISSION SQUARE AND PROPOSED LAND USES A. Mission Square is a 10.5+ acre mixed use retail commercial and office development, which will consist of general and specialty retail shops, restaurants, business, medical and professional offices. B. The PUD Master Plan is illustrated graphically on Exhibit A (WMB&P, Inc. File No. se Summary indicating approximate land use acreages is D-03530-04). A Lan_d. U ......... ,~ ,-,,,, 'nuration of individual tracts shall be shown on the plan. lr~e location, 5~, ,=uu ~.,~,,fly determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDC). C. Mission Square shall contain a maximum of 140,000 square feet of gross leasable area for retail commercial and office uses. D. The signalized access road may be shared with Pine Ridge Middle School per the terms of an agreement with the School Board. The road shall be considered an internal road or drive and not as a property line for purposes of setbacks and buffering. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mission Square shall be in accordance with the contents of this PUD Ordinance, and to the extent they are consistent with this PUD Ordinance and applicable sections of the LDC and Growth Management Plan which are in effect at the time of issuance of any development order to which such regulations relate. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on Mission Square PUD Master Plan are part of the regulations that govern the manner in which ti' ~ ~an~l~,~ DEC 0 3 21)02 10/31/2002-103257 YeI1~ 04!- AJeftkins ~,~ 0~3(~001.00,- PPUO- 2~215 2-2 developed. 'El The owner of record shall submit to the County an annual PUD monitoring report in · accordance with LDC Section 2.7.3.6. 2.4 LAND USES A. The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County development approval. 2.$ WATER MANAGEMENT SITING, EXCAVATION AND SETBACK REQUIREMENTS A. As depicted on the PUD Master Plan dry detention areas have been preliminarily sited, with the ultimate location and configuration to be determined dudng the site development review stages of project development. B. Fill material from lakes and wet and dry detention areas may be utilized within the project site; however, if necessary, excess fill material may be transported off-site. The volume of material to be removed Shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. C. Lake or wet or dry detention area banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vegetation and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4. of the LDC. D. Final lake and wet or dry detention area siting determinations shall be in accordance with South Florida Water Management Distdct criteda and the LDC. 1. Setbacks: Lake excavation shall be located so that the control elevation sh ii adhere to the following minimum setback requirements, unless but,,:heading is provided, per LDC standards: a) Lakes and stormwater management features may be lOcated adjacent to internal roads. b) Dry detention areas shall be set back ~'. min~um o~ fifteen feet (15')from external property boundaries. DEC 0 3 2-3 A. Fill storage is generally permitted as a principal use throughout Mission Square during development phases of Mission Square. The following standards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4:1. 3. Soil erosion control shall be provided in accordance with LDC, Division 3.7. 2.7 USE OF RIGHTS-OF-WAY Landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features may be placed within any public or private rights-of-way adjacent to or within the Mission Square PUD, if the applicable agency's permits and approvals are acquired. 2.8 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leasing and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Mission Square PUD. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. Rule 10D-6 and may use potable water or irrigation wells, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. 2,9 PRELIMINARY SUBDIVISION PLAT AND PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project ma~ be ,ccomplished in phases to correspond with the planned development of the property. Platting or subdivision of building tracts for separate ownership for a building within typically connected buildings shall not require setbacks and other requirements from the building to a property line. 2.10 OPEN SPACE The PUD will comply with Section 2.6.32. of the LDC relating to open space. AGe. IDA I'rF.M~ 2.11 SURFACE WATER MANAGEMENT No. ¢~ (~ DEC 0 3 2002 035343-~)1 -~01- ~ 2~218 2-4 'A. A South Florida Water Mar~age,'nent E:istrk:t (SFWMD) Environmental Resource Permit will be required and obtained. B. The surface water management system will be designed and permitted in accordance with requirements of the SFWMD and the County's Wellfield Protection regulations. Pursuant to SF~,MvlD, Volume IV, Basis of Review 5.2.2.(e), unlined wet detention areas will be placed no closer than 300 feet from the City of Naples water supply wells. C. Mission Square will discharge to Pine Ridge Road drainage system. The developer shall coordinate the design of the project's outfall connection to the County's drainage system, at the time of construction permitting, with the County Public Works and Engineering Department. 2.12 ENVIRONMENTAL A. An Environmental Impact Statement waiver was requested and approved by the Collier County Planning Services Department, pursuant to Section 3.8.9. of the Land Development Code. B. Land uses shall meet all federal, state, regional and local rules for operation and location within the regulated distances of potable water wellfields. C. An exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. 2.13 UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.14 TRANSPORTATION A. Arterial level street lighting shall be provided by the developer at Project entrances to be utilized by that phase of development, prior to issuance of the first certificate of occupar,cy fo, that p.ha3e.. A~A ITEM DEC 0 3 2002 2-5 2.15 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, will be provided by the developer or property owner's association established by the developer. 2.16 DESIGN GUIDELINES AND STANDARDS A. The Mission Square PUD is planned as a neighborhood-oriented retail commercial and office project. All development will meet and enhance the LDC, Division 2.8, Architectural and Site Design Standards and Guidelines. B. The Mission Square PUD will feature an integrated and compatible architectural building style or theme. Massing of building facades will be reduced by transitioning building heights, widths and colors, and adding architectural building details. Building architectural styles shall be compatible and complementary throughout the project and shall feature unifying and complementary elements such as roof treatments, signage, landscaping and building materials and building colors. C. The Mission Square PUD will be a fully integrated planned site, where attention to the overall site design is achieved by providing well-designed and integrated signage, landscaping, and lighting throughout the site. 1. Common Areas a) Internal roadways will provide efficient vehicular circulation and will be designed with streetscapes that create pedestrian-friendly environments. b) Architectural features, such as gazebos, trellises, fountains and public art shall be permitted throughout the site. 2.17 LANDSCAPING, BERMS, FENCES AND WALLS Landscaping, berms, fences and walls are permitted as a principal use throughout Mission Square PUD. Required buffer treatments shall terminate at entrances to accommodate entrance treatments. The following standards shall apply: A. Landscape buffers contiguous to public right-of-ways: Pine Ridge Road: 1. Minimum width of 15', measured from the property line ..... ~.i~~ w.,...-- DEC 0 3 2002 ~'~,.oo,. ~ ~2,, p~, ~_..~_~_~ 2-6 numb3r of '.eqL,'red treas s?~all be calculated at 1 tree per 25 linear feet. Plantings sl:~all ~:ot be requi~ed to be planted on 25-foot centers in a linear manner, but may be clustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features ~n order to create greater visual interest. ' 2. The height of required trees within the buffers shall be 12 feet on average. Canopy trees shall have a 6 foot canopy spread at the time of planting. 3. Hedges, where required by the LDC shall be installed in accordance with LDC, Division 2.4, Landscaping and Buffering. B. Landscape buffers contiguous to the Pine Ridge Middle School, immediately north of Mission Square, shall be installed at the time of site development plan approval, and will have the following supplementary landscaping requirements: 1. Canopy trees will be planted at an initial height of 12 feet on average, with a 6-foot spread. 2. The buffer shall have a minimum average width of 10 feet, measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. C. Landscape buffers contiguous to the eastern and western boundary shall be at a minimum a Type "A" buffer The existing hedge shall be retained, or if damaged during construction, replanted. D. Berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Rip-Rap berms 2:1 E. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Mission Square PUD boundary following site development plan approval. F. Sidewalks, signage, water management systems,-drainage structures, project archite~ural features, walls, fences and utilities shall be permitted within landscape buffers per minimum code. G. Landscape berms located within the Mission Square PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that bhey encroach into the right-of-way when approved by the applicable owner or agency. AO~'~IDA ITEM ~ DEC 0 3 2002 .,. 2-7 H. Perimeter landscape berms greater than two feet in height may be constructed such that the toe of slope is located at the property or right-of-way line. 2.18 SIGNAGE A. General 1. All ground mounted project and freestanding use signs shall be of consistent architectural style and shall feature like building materials and sign structures. Sign structures will be uniform in size, color and building material. Pole signs shall be prohibited. 2. Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Mission Square. All sign regulation, pursuant to LDC, Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this PUD, in which case the PUD Document shall govern. a) Signs and decorative landscaped entrance features within a public right-of-way shall require a right-of-way permit subject to the review and approval of the County and FDOT where applicable. b) A minimum setback of 5 feet from property line shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. c) All project sign structures may include architectural features. B. Project Directory Signs 1. One project directory sign, with a maximum of 100 square feet of sign copy per side and a maximum sign height of 15 feet, shall be permitted per entrance. The directory sign may be permitted within the medians of project entry ddves. 2. A 10-foot setback shall be required, and no sign shall be so located s.) as to create vehicular line of site obstructions. C. Monument Signs 1. Each use located on parcels adjacent to Pine Ridge Road having frontage of 150 feet or more shall be permitted one monument sign. Maximum permissible sign copy shall be 60 square feet per side. 2. For public road frontage, the maximum height of the sign coi ,~ ~h~l~ ~ ~ 2-8 'feet ab.~ve the Iowiest centerline grade of the nearest public or private 'right-or-.way o~ easement. Architectural details of the sign structure may project 'above the 8-foot height; however, no part of the sign or sign structure shall exceed 10 feet in height above the lowest centerline grade of the nearest public or private right-of-way or easement. 3. Each use located on parcels adjacent to Pine Ridge Middle School Road having frontage of 150 feet or more shall be permitted one monument sign. Maximum permissible sign copy shall be 60 square feet per side The maximum height of the sign copy shall be 6 feet above the lowest centerline grade of the nearest private right-of-way or easement. Architectural details of the sign structure may project above the 6-foot height; however, no part of the sign or sign structure shall exceed 8 feet in height above the lowest centerline grade of the nearest public or private right-of-way or easement. D. School Signs One directional/identification sign for the Pine Ridge Middle School shall be permitted at the Pine Ridge Road project entrance. Directional/ identification signage shall be ground-mounted and may not exceed 50 square feet in area, nor exceed a height of 8 feet above the lowest centerline grade of the nearest public or private right-of-way or easement. The sign can be located independently of the project directory sign within the central median of the entrance road or on one side of the entrance road. 2.19 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Mission Square PUD. General permitted uses are those uses, which generally serve the Developer and tenants of the Project and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lake e,3d wet or dry detention featu, res, including architectural features or structural bank tmatmer~ts. 4. Architectural features and elements including walls, fences, arbors, gazebos and the like. 5. Temporary construction, sales, and administrative offices for ? developer P~. ~ 2-9 and developer's authorized contractors and consultants, including necessary access ways, parking areas, utilities and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 7. Kiosk vendors, not directly visible from Pine Ridge Road. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. DEC 0 3 2002 o353a-o01-o0~. PPUO- 2~2~a 3-1 SECTION III MIXED USE DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Mission Square PUD designated "MU" Mixed Use on the Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as "MU" Mixed Use on the PUD Master Plan are intended to provide a maximum of 140,000 square feet for retail commercial and office uses. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. All permitted and conditional uses in the C-1, C-2, and C-3 Zoning Districts of the Collier County Land Development Code, in effect at the time of building permit application, except those uses identified as prohibited in Section 3.3.C below. 2. Self-storage (Group 4225). Outside storage is prohibited. 3. Real Estate (Group 6512) 4. Miscellaneous Personal Services, Not Elsewhere Classified, (Group 7299) except escort service; massage padors; steam baths; tattoo padors; Turkish baths. 5. Public or pdvate parks and playgrounds B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 'Outdoor dining' shai, be permitted as an accessory use to an eefing establishment when parking is provided per LDC Division 2.3. DEC 0 3 200;, 3-2 C. Prohibited Uses and Structures 1. Any use that would be subject to regulation under Ordinance No. 91-83 and any amendment or successor ordinances thereto regulating sexually oriented businesses. 2. 4493 - Marinas 3. 5311 - Department Stores 4. 5941 Sporting Goods Stores and Cycle, only: ammunitions; firearms; hunters' equipment. 5. 5999 Miscellaneous Retail Stores, Not Elsewhere Classified, only fireworks. 6. 7361 - Employment Agencies, only labor contractors 7. 7363 - Help Supply Services, only: Labor pools; Manpower pools 8. 7389 - Business Services, Not Elsewhere Classified, only: automobile recovery services; automobile repossession service; bondspersons; gas systems, contract conversion from manufactured to natura~ gas; metal slitting and shearing on a contract or fee basis; repossession service; solvent recovery service on a contract or fee basis. 9. 7922 - Theatrical Producers, only burlesque companies 10. 7993 - Coin-Operated Amusement Devices, only: Gambling Establishments primarily operating coin-operated machines; Gambling machines, coin- operated; Slot machines. 11. 7999 - Amusement and Recreation Services, Not Elsewhere Classified, only: aerial tramways, amusement or scenic; amusement concessions; amusement rides; animal shows in circuses, fairs and carnivals; bath houses, independently operated; betting information services; billiard parlors; bingo padors; bookies; bookmakers, race; card rooms; carnival operation; circus companies; fireworks display service; fortune tellers; gambling establishments not primarily operating coin-operated machine.s; gambling machines, except coin-operated; game padors, except co~n operated; go-cart raceway operation; go-cart rentals; motorcycle rental; off- track betting; pack trains for amusement; pool padors; shooting galleries; shooting ranges; skeet shooting facilities; trapshooting facilities. 12. Homeless shelter, as defined by the LDC. !~,~ ITEM~ 13. Soup kitchens, as defined by the LDC. DEC 0 3 2002 L 103257 ~ 04!- ~Jen~in~ ~353~001-0~- PPUO- 2~21 14. 80~53 - Psychiatric Hospitals. 15. 8069 - Specialty Hospitals, Except Psychiatric, only: alcoholism rehabilitation hospitals; drug addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism; tuberculosis and other respiratory'illness hospitals. 16. 8322 - Individual and Family Social Services, only: alcoholism counseling, nonresidential; crisis centers; cdsis intervention centers; hotlines; offender rehabilitation agencies; offender self-help agencies; outreach programs; parole offices; probation offices; public welfare centers; referral services for personal and social problems; refugee services; self-help organizations for alcoholic and gamblers; settlement houses. 17. 8361 - Residential Care 18. 8399 - Social Services, Not Elsewhere Classified, only Social service information exchanges: e.g., alcoholism, drug addiction. 19. 9211 - Courts. 20. 9222 - Legal Counsel and Prosecution, only: public defenders' offices; public prosecutors' offices; U.S. attorneys' offices. 21. 9223 - Correctional Institutions. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 square feet B. Minimum Lot Width: 100 feet C. Minimum Yard Requirements: 1. Principal Permitted Uses a) Pine Ridge Road: Twenty-five feet (25') from edge of pavement. b) Minimum Building Setback from North, West and East Perimeter Project Boundary of the PUD: half the building height with a , minimum of f'~een feet (15'). c) Distance between structures: DEC 0 3 2002 0553~001-001- PPUO- 26218 · one story - one story: Fifteen feet (15') · two story - two story: Twenty-five feet (25') · three story - three story: Thirty-five feet ($5') · one story - two story: Twenty feet (20') · one story - three story: Twenty-five feet (25') · two story - three story: Thirty feet (30') d) Water management structures: Zero feet (0') to fiprap at top of bank, 2. Accessory Structure Setbacks: a) Perimeter (1) Roofed parking facilities- Twenty feet (20') b) Side Yard: (1) Common Architectural Features- Zero feet (0') (2) Roofed parking facilities- Ten feet (10') c) Lake Bank: (1) Common Architectural Features-Zero feet (0') (2) Seating areas- Zero feet (0') D. Maximum Height: 1. Buildings: Three-stories, with a maximum of fifty feet (50'). DEC 0 3 2002 03530-001-001 - PPUD- 26218 PINt" RIDGE MIDDLE SCHOOL ;,J.A.B,C..R. P.U.D. J m ~1~_ o: . P.U.D. MASER PLAN ~ ~ P~PA~ ~: ~T ~ ~ ~ EXECUTIVE SUMMARY PRESENTATION OF AQUIFER PERFORMANCE TEST REPORT REGARDING THE CITY OF NAPLES EAST GOLDEN GATE WELL FIELD. ~ To present the results of an Aquifer Performance Test performed on the City of Naples East Golden Gate Well Field to address impacts to surrounding water sources. CONSIDERATIONS..'. As the result of concerns expressed by surrounding residents regarding the City of Naples East Golden Gate Well Field, the City of Naples hired Hartman & Associates from Orlando to perform an Aquifer Performance Test to determine if the well field was causing any adverse impacts to surrounding water sources. The study has been completed and is hereby presented for your consideration. FISCAL IMPACT: There is no fiscal impact related to this presentation. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this presentation. RECOMMENDATION: That the Board of County Commissioners consider the results of the Aquifer Performance Test Report on the City of Naples East Golden Gate Well Field and provide direction as to further action if necessary. PREPARED BY: ~'~/~~-"~ DATE: /[. ~.0 . O ~. Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: 7 DATE: Roy B./Anderson, P.E., Director PublidUtilities Engineering Department APPROVED BY: ~~' G-~ ~/C'E~/~ DATE: james W. DeLony, P~E., A~Chinistrator .....~6'blic Utilities Division t/ AC~ I~ A IT£~ n0. /0 v~ DEC 0 3 2002 .a. ...... EXECUTIVE SUMMARY RECOMMENDATION OF FINAL CANDIDATE SELECTIONS FOR THE POSITION OF CHIEF HEARING EXAMINER BY THE HEARING EXAMINER ADVISORY COMMITTEE OBJECTIVE: A recommendation of final candidates for the position of chief hearing examiner by the hearing examiner Advisory Committee is being proposed. The Advisory Committee seeks to apprise the Board of County Commissioners that it has selected three (3) candidates to be considered for the position of Chief Hearing Examiner as described in Resolution No. 2002-144. Additionally, the Advisory Committee is recommending that the Advisory Committee be dissolved effective upon the Board's acceptance of the proposed recommendation. BACKGROUND:. On October 24, 2000 the concept of the Hearing Examiner program for quasi-judicial Land Use Hearings was first introduced to the Board of County Commissioners during its scheduled meeting under the County Manager's Report. The objective of the discussion was to consider the pros and cons of implementing a hearing examiner program within Collier County. The Hearing Examiner process would provide greater opportunities for the Board and various advisory committees, particularly the Collier County Planning Commission (CCPC) and the Environmental Advisory Council (EAC), to devote more time to policy matters as they relate to growth management, land use, development standards and environmental protection measures. Staff identified an initial operating costs of approximately $212,000 and a one-time start up cost of approximately $42,000 for rent and the necessary office equipment for the program. Staff recommended and by unanimous vote the Board directed staff to: Draft the necessary amendments to the Collier County Special Act and to coordinate with Collier County Legislative Delegation to initiate legislative action to amend that Act as necessary to provide for implementation of the hearing examiner process. Prepare an ordinance creating the Collier County Hearing Examiner Program, to be timed as necessary with the amendments to the Special Act, the Collier County Growth Management Plan and Land Development Code. Include within the enabling hearing examiner ordinance, a prohibition on ex-parte communication for quasi-judicial hearing matters with the hearing examiner. Include within the enabling hearing examiner ordinance, a prohibition on ex-parte communication for quasi-judicial hearing matters with the Board. Establish the Board of Zoning Appeals as the final approval authority for all rezoning request (including PUD rezones) and all conditional uses, with an initial recommendation being prepared by the hearing examiner. Establish the Hearing Examiner as the final authority on all other less broad-reaching quasi- judicial land use petitions, such as variances, with appeals from those decisions going directly to the circuit court, or BZA. - 3 2002 Review and revise the roles of the EAC and CCPC, specifically expanding their respective roles to proactively review and advise the BCC on legislative and policy matters related to natural resource protection policies and growth management goals, policies, and objectives, and land development regulations. Target the implementation of the Hearing Examiner Program for June 2001. At the May 30, 2001 Spring Cycle 2001 Land Development Code Hearings, the Collier County Planning Commission approved by unanimous vote the recommendation to amend the Land Development Code thereby adopting the concept of the Hearing Examiner (HEX) with one stipulation, that in variance petitions or other petitions where the HEX makes the final decision, the Board of County Commissioners may chose to "take jurisdiction" of a case in an appeal and review the Hearing Examiner's decision rather than sending the case to Circuit Court. On June 26, 2001 during the Spring Cycle 2001 Land Development Code (LDC) adoption hearing the Board of County Commissioners (Board or BCC) as recommended by the Collier County Planning Commission approved Ordnance No. 01-34 to adopt the position of the Hearing Examiner (HEX) and to amend the portions of the LDC establishing the position of the Hearing Examiner and codifying the provisions of the LDC empowering the Hearing Examiner to rule on Land-use issues such as variances and formulate recommendations to the Board of County Commissioners on conditional use applications. In addition, the ordinance re-assigned existing responsibilities and duties of the Collier County Planning Commission, the Environmental Advisory Council, the Board of Zoning Appeals and the Board of County Commissioners and established duties for the Hearing Examiner and the Board of County Commissioners. As an adjunct to that amendment the Board further supported that decision by funding a full- time position for the Hearing Examiner during its meeting of November 13, 2001. Two options were presented to the Board. Option one was to contract for the services using a private sector land-use attorney who would work on a part-time basis. The second option was to hire a full time Hearing Examiner employed as a County employee. In a vote of 4/0 the Board of County Commissioners approved the concept of creating the position of the Hearing Examiner. It was deemed to be in the Community's benefit to establish a full-time hearing examiner who would be able to better understand the County's regulations and assist the community as the program grows. The accompanying Executive Summary to the agenda item pointed out that the Hearing Examiner's duties as outlined in the LDC will primarily include holding hearings on, and making final decisions for, variances and specified administrative review matters, and holding hearings and making recommendations on conditional uses. The Board indicated that prior to adding zoning cases (PUD's etc.) to the Examiner's authority for review, it wanted to familiarize the community with the new s;,stem and wanted the opportunity to have a comprehensive review of zoning-based issues in the Land Development Code. As indicated at the BCC's June 26, 2001 LDC Hearing, the Hearing Examiner would report directly to the Board under a contract approved by the Board. At the January 22, 2002 Board of County Commissioners' Meeting, the Board approved in a 5/0 vote Resolution No. 2002-51 establishing the Hearing Examiner Advisory Committee to assist with the hiring of the Hearing Examiner for Collier County. The Hearing Examiner position was identified to be a full time position whose duties will include final review of variances and recommendations on conditional uses. The principle purpos~&~e Hea¥ing DEl.: - 3 2002 .............. . LL -L ..... Examiner Advisory Committee was to assist the Board and the County Manager in determining an appropriate candidate for the position. The committee was empowered to establish candidate review criteria, interview qualified applicants, rank the recommended candidates, and present a list of ranked candidates to the County Commission for final appointment. The membership of the Committee is comprised of the following: One member' of the Collier County Planning Commission One member of the Development Services Advisory Committee One member of the Environmental Advisory Committee One staff member appointed by the County Manager Three "At Large" members with one member having personnel recruiting experiences. At the conclusion of this agenda item, the Board again confirmed that the Hearing Examiner's duties as outlined in the approved, but not yet effective LDC provisions, would include final review of variances and recommendations on conditional uses. The then Assistant County Manager, Jim Mudd, was appointed by the County Manager as the staff member responsible for initiating the selection process and finalizing the advertising for the position. It was anticipated at the time that the hiring process would take approximately six months. Lastly, on June 17, 2002, during the LDC Workshop with the Board of County Commissioners, the Board discussed the "Role of the Hearing Examiner." Staff again reviewed the purpose and intent of the Hearing Examiner and reaffirmed that the HEX would .... initially make the final decision with respect to the variance process, most of the lesser land use petitions, and several administrative matters. In matters involving conditional uses, the hearing examiner's role would be one of a recommending body in lieu of the Planning Commission, with the BCC having the final decision. CONSIDERATIONS: The HEX Advisory Committee made the determination of the top candidates based upon the following selection criteria: Part I Application and Resume (54 Candidates applied): A. Experience and Position Requirements. B. Leadership & Managerial Ability. Candidates were ranked by the Advisory Committee Members and the field of candidates was narrowed to 14. Part II Written Exercise. Candidates were required to submit a Recommended Order to determine ability to present written legal Findings of Fact. Field of candidates was narrowed to 6. DI'-L; - 3 2002 Part III - Panel Interviews. Six candidates were interviewed by the panel members and ranked accordingly upon their answers. Field of candidates was narrowed to the three remaining below. The intent of the ,~,dvisory Committee is to provide the Board three (3) candidates from which to make the most appropriate selection. The names of the Candidates are listed in priority order determined by the HEX Advisory Board during their selection process. Albert J. Slap Susan R. Rubright Daniel P. Fernandez FISCAL IMPACT: The salary provided for this position will be negotiated. However, the annual budgeted amount for the FY03 cost of this appointed department and area will be $160,000, inclusive of residuals; which is located in Fund No. 113, Cost Center 138400 FYO3. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: The Advisory Committee recommends the Board of County Commissioners approve the outcome of their HEX Advisory Board and have the Chairman of the Board of County Commissioners start contract negotiation with the help of the County Attorney with the .~umber one candidate, Albert J. Slap. If the parties are unable to successfully negotiate a contract, the Committee recommends that the Chairman commence negotiations with the remaining candidates, in ranked order, until a contract is successfully negotiated. The final agreement shall be presented to the Board of County Commissioners for formal ratification. SUBMITTED BY: Jenny L. Morris, Human Resources Generalist Administrative Services Division James V. Mudd County Manager 2002 Rp~ O! O~ ll:30a Sue Filson RESOLUT/ON NO. 2002-144 A RESOLUT/ON APPO[NTTNG MEMBERS TO THE HF.-~.R/NG EXAMINING ADVISORY COM~4ZTTEE WHEREAS, on 3anuary 22, 2g02, ~e Board of County Commissioners adopted Resolution No. 2002-51 establishing the Hearing Examiner Advisory Committee; and WHEREAS,'ResoIution No. 2002-51 provides that the membership this Committee shall cornprise of one member of the Planning Commission; one member of the Development Services Advisory Committee; one member of the Env&onment31 Advisory Commili'ee; orle staff member appointed by the County Manager, and ~ree "At Large" members ~ oI~ member ha~ing personnel recruiUng experience. NOW, THEREFORE, BE 1T ~LVED BY THE BOARD OF COUNTY COMMTF-.$]ONER5 OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Hearing Examine~' Advisory Committee: MEMBER C,~A~RY David K. ]ohnso~ . At Large Nancy Anne Payton · At Large Kathleen Curatolo ' At Large, with recruiting experience Hno~/m. Adelstein - Planning Commission Nominee R. Bruce Anderson - Development Services Advisory Committee Nominee MichaeJ G. Cee · Environmental Advisory Committee ]ames V. klucld County Manager Nominee The terms of office of said members shall expire on the date that the Committee forwards its final report with recommendaUons to the Board of County Commissioners. This Resolution adopted after mo'don, second and majority vote. DATED: March 12, 2002 ATTEST::--;,- BOARD OF COUNTY COMMLSSIONERS DWIGHT E; BRDO(, Clerk COLIJE~ COUNTY, FLORIDA .* ..~ · ~t,%~. .,. .. ,-"..~;~--....%¢.,,,~ . '~"~ ~.C~ . Db.L; - 3 2002 Sec. 5.3.7. Staff. The cc~'~.mur2t7 ~cvclcpmcnt planning services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. ' No meeting of the board of zoning appeals shall be called to order, nor may any business be . tr.ansacted by the board of zoning appeals without a quorum consisting of at least three members '-: of the board of zoning appeals being present. Ail actions shall require a simple majority of the members of the board of zoning appeals then present and ' voting · :.'?2ok rc..q',~re four affirma'2;'e ye, res. Sec. 5.3.10. Operating procedures. 5.3.10.1. The board of zoning appeals may, from time to time, adopt and amend bylaws and roles of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.3.10.2. All meetings and hearings of the board of ,~j ....... zoning appeals shall be open to the public. -: 5.3.10.3. Public heatings shall be set for a time certain. i' DMSION 5.5. HEARING EXAMINER Sec. 5.5.1. Office established. Pursuant to the powers set forth in section 5.1.1.3., the office of hearine examiner is hereby established. The hearing examiner shall have the powers and authority set forth in this division. Sec. 5.5.2. Appointment; qualifications. The board of county commissioners shall appoint the hearing examiner, and may, as necessary, appoint any deputy hearing examiners or hearing examiners pro tempore. Such hearin~ examiners shall hold their positions at the pleasure of the board of county commissioners. Appointment to, removal from, and qualifications for, such offices shall be accordine to an administrative code specifically coverin~ this subiect matter. Sec. 5.5.3. Funding. The board of county commissioners shall establish the office of the hearing examiner and a_p_propriz ~'ly budget such office annually. Sec. 5.5.4 Conduct of meetingsl reports and records. 5.5.4.1. Rules of procedure. The board of county commissioners shall adopt rules for transaction of hearing examiner business and the hearing examiner shall conduct all required heatings or meetings pursuant to the provisions of applicable regulations and administrative codes of the board of county commissioners. 5.5.4.2. Meetings. Me,tings for the purpose of h'olding public lac..a, rings shall be scheduled, .noticed, and conducted pursuant to any applicable administrative codes and the provisions contained in thi~ Code. 5.5.4.3. Participation before hearing examiner. At a public hearing before the hearing examiner, ali persons will be heard as participants. However, the hearitlg L r_U - 3 2002 Words ;m:"k '~-c. ugk are deleted, words underlined ere added. examiner has the fight to refuse to hear testimony which is irrelevant, repetitive, defamatory, or spurious, and to establish reasonable time limits on testimony. ".. ~ 5.5.4.4. Reports of decisions. After a public hearing is held, the hearing examiner shall make a written report of his decision in accordance with the rules and procedures set forth in this Code and .any applicable administrative code, and provide a copy of the repo. rt of decision to all parties of record, including participants, appropriate county staff, includine the county attorr~y and the county manager, and the Board of County Commissioners. 5~5.4.5. Records. .(.l.) The he.aring examiner shall provide for a court reporter at all proceedings. At a minimum, a summary of testimonies shall be provided in the report of decision itself or as a separate document in addition thereto. Complete transcripts of the entire record shall be provided only at an appellant's request, and the appellant shall bear the costs thereof. The hearing examiner shall keep indexed records of all meetings, agendas, findings, determinations, and relmrts of decision. Such records shall be public records. 5.5.4.6. Attendance at hearings. The hearing examiner may request staff members with personal knowledl~e of relevant facts to attend hearings and produce relevant documents, and shall advise the county manager of any failure to comply with his requests. Sec. 5.5.5. Functions and authority. 5.5.5.1. Action on administrative matters: 5.5.5.1.1. Administrative recommendations, hearing examiner decisions. After staff review ;~nd written reconunendation on an administrative application directed by a specific provision of this Code to be decided by the hearing examiner, a written final decision will be rendered by the hearing examiner within thirty (30) days of · such meeting. In reaching his or her decision, the hearing examiner must consider: z 1. the criteria fo? the type of application being requested, in particular, those factors set forth in the reconunendation of staff; 2. testimony from the applicant; and 3. testimony from any members of the public. - 5.5.5.1.2. Administrative appeals, hearing examiner decisions. After staff or the planning · services director's review and determination on those administrative alpplications which do not otherwise require a public hearing, but by specific provision of this Cod,: may' :oceed directly to the hearing examiner for review on appeal, will result in fi. '1 decision by the hearing examiner within thirty_ (30) days. 5.5.5.1.3. Judicial review. Judicial review of final decisions of the hearing examiner with . respect to administrative matters are to the cimuit court in accord.race with sec. 5.5.6. 5 5.5.2. Variances. 5.5.5.2.1. Function. The heating examiner will hear and decide all requests for variances 'from the terms of the regulations or restrictions of the zoning code and such other : codes.or ordinances as may be assigned to him by the Board of County : Commissioners, except that no use variance may be heard or considered. - ' . 5.5.5.2.2. Considerations. In reaching hi.s or her decision, the heating .exa.~er must consider: :.-" .-. ';.. Words :m::k :.~.:;F,~ ~'e deleted, words underlined ar, ,,dried. [. Z - 3 2002 a. the criteria for the type of variance ,being requested, in particular those set forth in section 2.7.5, b_. Staff recommendations; Testimony from the applicant; and d_. Testimony fi.om the public. 5.5.5.2.3. Findings Before granting any variance, the hearing examiner must make a finding with respect to each of the criteria set forth in sec. 2.7.5.6. 5.5.5.2.4. Authority. a_. The hearing examiner has the authority to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code as specifically set forth in sec. 2.7.5.1.1.; provided, however, that no use. variance as defined in this code, or any variance from definitions or procedures set forth in this Code, may be granted. In reachine his decision, the hearing examiner has the authority to attach conditions and requirements necessaw for the protection of the health safety, comfort, convenience and welfare of the general public. The. conditions or requirements must be reasonably related to the variance requested and conform to the requirements of sec. 2.7.5.7. Variances may be reviewed by themselves or as part of a conditional use petition. All decisions of the hear/rig examiner concerning variances filed as part of a conditional use petition must be in the form of a written recommendation to the board of county commissioners and follow the procedures for such petitions set forth in 5.5.5.3. and 5.5.5.4. below, as applicable. 5.5.5.2.5. Judicial review. Judicial review of final decisions of the hearina examiner with respect to variances are to the ¢ircuit court in accordance with sec. 5.5.6· 5.5.5.3. Conditional Uses. 5.5.5.3.1. Function. The hearing examiner will hear and make written recommendations to the board of county commissioners on all applications for conditional uses which may be permissible by the district use regulations set forth in division 2.2., subject to the exemption set forth jn sec. 2.7.4.9. 5.5.5.3.2. Considerations. In reaching his recommendation, the hearing examiner must consider the factors and criter4a set forth in sec. 2.7.4.4., as well as the following. whenever applicable: a~ the relevant matters set forth in an applicant's written petition; b.._: the testimony of any applicant or agent~ c~ the recommendation of staff; and d~ t.h.e testimony of the public. 5.5.5.3.3. Findings Before making: any recommendation for a conditional use, the hearing examiner must make the findings required by sec. 2.7.4.4. · ' Words :',.-ac~ ~.:c,u;.~ arc deleted, words underlined arc added. ~ 5.5.5.3.4. Authority. P_etifions for conditional use~ filed aS part of a rezoning will be reviewed and considered as part of such rezoning petition accordin~ to , rocedures set forth in this Co4~: 5.5.5.3.5. Review. Review of the hearing examiner's recommendations with respect t. 9. -- -- _~onditional uses will be as set forth in sec. 2.7.4.8. 5.5.5.4. Authority of hearing examiner decisions-recommendations-- The hearina examiner serves in an advisory capacity to the board o..f county commissioners with respect to those matters set forth in subsectio~nn 5.5.5.3. of this section, and in such capacity, may not make final determinations with regard to these matters_. b. The hearing, examiner may not recommend the approval of a conditional -- ~se and the board of county commissioners ma,/not approve a conditional. use, other than the request advertised or published pursuant to this C_ode.~ _unless the conditional use proposed by the hearing exarmner is more restrictive and the uses being approved are less intense and otherwis~ p_~rmitted within the corresponding land use classification as set fo_~th in_ ~,th management ~lan. In reachino_his or her decisions, the hearing examiner has the authority t~ recomm~ropriate and reasonably related conditions an.d_ re_e_e_quirem~ents to be attached to any request for a conditional use o~rr vafiance~as maw be applicable. 5.5.5.5. Decisir>ns. At!decisions of the hearing examiner concerning conditional use matters w~ll be in the form of a written recommendation to the board of co~n. ty commissioners. Decisions will be delivered or mailed by the he in examiner ~ parties qf record includ~n artm~ ants each md~¥~dual count comm~ss~one t_he county attorney, and the county manager, on the date it is rondo_ _ red or on th_e next regular workin~ day thereafter. Except as pro¥ided for in section 5.1.2., onlx.' a_a participant or his repr~sentatiYe will be afforded the right to address the board q.f countx__ ,~ commissioners at any subsequent hearin~ considering such recommegdation~ 5.5.5 6.._ No,lc_ e ~f intent to deny based on insu~cient information.: 5.5.5.6.1. If hte hearin~ exanfiner intends to deny or ~ecommend denial of an application - -- _described in this section based on ~__~.~pplicant's failure to provide informatip__an de.~.~q_V_~e in scope and detail to address particular issues, he or she may, in hi$ discretion send a notice f intent to deny based on insufficient information to .all particivants in lieu of..._a denial or a recommendation to deny the application. The no__.._tice must state ~es on which additional information is necessary and mus~tt dire____ct the anvlicant to indicate within ten woLkln_g days whether he or she intends. to vrovide {i~e information and th.~_date upon' 9ich the information will be~ ~.~vided(not to exceed 30 workir~g davs~. ~ ~ocs not re~pond affirmatively within ten working days of the dace of the notice the hearin exanuner must re are and su mit a recommendation ~ denqn' the a:- lication to the board of county co_..._mmissione~.and all participants. ~oes ms--ond affirmatively the hearin cxamincr must send a copy of the response to all participants of record on--tho oticeofancw earin ate atwhich 'mc the new cvidence will be ~ '- . cons_idcred. 5.5.5.6.3. ~he n w evide~ e -rovi_ded in accordance with - this section to the zonin staff who will review it and re are a su lementar staff report addressing only those issues to which the new evidence is relevant. , BEC - 3 2002 " ":' Words r,w.;ck '~:;:gh are deleted, words ~ are added. 5 5 5.6.4. The hearing following the receipt of the new evidence will be limited to those issues to which the new evidence is relevant. 5.5.5.6.5. No applicant will be enti',led to more than one notice of intent to deny based on insufficient information. Sec. 5.5.6. Final decision; iudicial review. 5.5.6.1. Unless otherwise specified, the decision of the hearing examiner will be final only on administrative matters or variances which are not part of a rezoning or other development approval request which requires final decision by the board of county commissioners. Judicial review of a final decision of the hearing examiner concerning such administrative matters or variances will be in circuit court. Jurisdiction for review of any final decision of the hearing examiner lies exclusively in circuit court. This review may only be obtained through filing a petition for writ of certiorari in accordance with code of laws section 250-60 and pursuant to the Florida Rules of Appellate Procedure. Any such petition must be filed within 30 calendar days after the decision has been rendered. 5.5.6.2. For the purposes of this section, a decision is "rendered" as of the date when it is reduced to writing, si~ned and dated by the hearing examiner. Decisions will be delivered or mailed by the heating examiner on the date it is rendered or on the next reimlar working day thereafter. 5.5.6.3. The person makin~ application to the hearing examiner for any final decision that is entitled to iudicial review, is a necessary and indispensable party to any action seeking ~udJcial review. 5.5.6.4. This section is not intended to preclude actions pursuant to F.S. §70.51 or §163.3215. Sec. 5.5.7, Unauthorized communications ~'ith hearing examiner. 5.5.7.1. _Definitions. The following words, terms and phrases, when used in this section, will have the meanines ascribed to them in this section, except where the context clearly indicates a different meaning: Application and appeal mean any matter lying within the jurisdiction of the hearing examiner and any avplication for rezoning which will be or is scheduled to be heard by the Board of County Commissioners. Hearing examiner means the county hearing examiner or any member of his or her staff, including hearing examiners pro tempore. Unauthorized communication means any direct or indirect communication in an), -form, whether written, verbal or graphic, with the hearing exami?er, or the heanng examiner s staff, by any person outside of a publi z heari g and not on the record, concerning substantive issues in any proposed or pendir, matter relatina to variances, conditional uses, or any other matter assigned by statute, ordinance, or adminisu'ative code to the hearing examiner for discussion or recommendation, except as may otherwise be permitted in the county administrative code. · .5.5 .'7.2. U~nauthoriged communications prohibited: ~5.5.?.2.1. No person shall knowingly have, or a_n,mpt to initiate, an unauthorized communication with a hearine examiner, including members of the hearing · examiner's staff, concerning substantive issues relating to a pending or proposed. variance or zoning application. 5.5.7.2.2, No member of the board of county commissioners shall knowingly have or attempt to initiate an unauthorized corqrlaunication with a hearin~ examiner DEE - 3 2002 Words am~qt-thim~gh are dch:~d, words 9j~derlin~d an: added. concerning any sub~stanfive issue relating to an application which will be or is c~rrentl¥ before a hearing examiner for consideration.. 5.5.7.2.3. ~xaminers nor any member of their staff shall knowin~ or attemvt to initiate unauthorized communication with th board of county co---mmis~ioners concerning substantive issues in an an¢lication which will be or i__is ~ending for the hearing examiner' s consideration. H~wever, the hearin~ examiners ma commumcate with the board of count comrmssloners concermg~ procedural matters and the administration of their office= The hearin examiners shall scm ulousl avmd ~m ro er ~nfluences m th_eft 5:~.?.2.4. deliberations. They shall not initiate or consider an unauthorized comm~____umcati0n concerning a pendinl~ application. 5.5.7.2.5 _In reaching a decision, a hearini[ examiner may obtain the written advice of a disintere ted ex err other than another count hearin examiner or em lo ee of the count exce t a member of the heann examiner s staf concernm _a. matt~ off law, p!a_nning, or zoning applicable to a proceeding before him. A heanng examiner must ire notice of his or her intention to solicit such advice to all in__terested participants who appeared at the public hearing personally, by a~nt through counsel, or have filed documents or statements in the public record under consideration in the pending matter. Once such advice hash__ eon received~ th_xe b--~aring examiner will then forward copies of the wi inen advice received as~aa _result of his request to each participant; and afford all interested particigants reasonable opportu~ty to respond to and rebut the advice on the record prior t____~o _rendering his decision__~_. The opportunity to respond may include a noticed public hearin~ m-anted acthe hearing examiner's sole discretion when a written request for same has been filed with a participant's response demons, trat___ing how_ a participant may be preiudiced or irreparably harmed if such hearing is_ no___! .afforded: If an unauthorized communication is knowin 1 made or attem ted to be made to 5.5.'7.2.6. a h___earing examiner or a member of the hearing examiner's staff, such communication shall be ublicl¥ disclosed, placed in the public record, and. re_e_ported by filing a citizen's complaint with the citizen's complaint division of th_xe · : count'/sheriffs department or by filing a complaint directly with the state - ' e forms to be made available by the hearin~ examiner'~ office. att__ornev soffic on ....... I_f, in th~n, the attempted or completed unauthorized c~ommunication ha__~s ~ hearing examiner's ability to decide a case based obiectivelv and_ e_xclusivelv on the record of public proceedings, the hearing examiner shal~l immediately recuse himself and abstain from participatina i~eration o~f ~he pending matter. Failure to disclose the receipt of_~ unauthorize.d_ · ~ommunication is a violation of this section and shall subiect the hearin~ - examiner or his or her staff to the enalt~es described ~n th~s sectmn _5.5 77.2.7.. n unau horized communicauon received b a member of the heann e ' er' taffco ce in ndin mattera d riortot ehearin on.such matter shall be co led or transcribed if necessar and entered into the _rocor.cl. [ the endin roceedin s. Co les of an u authorized corem nication shall e furnished to all interested arties of record, establishin rules of rocedure for the hearin exarmner's offic the he n exarmner and board of county commissioners shall set fihn deadhnes nor to each hearm after which nothe ~hose preserlted al; the bearing, will be included in ._ p,.g_blic record for consideration by the hearin~ examine-r. Any materials receive4 after this date will be returned. All items submitted f inclu ion in the ublic record within th ado ted 'meframes taus be forwarded to the hearin · examiner's office. Items t 'ncluded in the ublic record or resented at the h~earin~ wilt riot be considered by the hearin~ ea iner or the board of cunt - 3 2002 5.5.7.2.8. Nothing set forth in this section shall prohibit the discussion of any pending or proposed cases or appeals by and between hearing examiners or between a heating examiner and any employee of the office of the hearing examiner. 5.5.7.3. Penalties. Any person who knowingly makes or attempts to initiate an unauthorized communication to or with a heating examiner or a member of the hearing examiner's staff, or any hearing examiner or his or her staff who fails to publicly disclose and report an unauthorized communication or an attempt t9 initiate an unauthorized communication, shall be subject to any, or all, of the following penalties: .5.5.7.3.1. Criminal penalties. Such person shall be subject to punishment as provided in section 1.9.6 5.5.7.3.2. Civil penalties. Such person shall be subject tq: a_. Revocation, suspension, or amendment of any permit, variance, or conditional use, granted as a result of the hearing examiner action wkich is the subiect of the unauthorized communication. Any other relief available at law or equity, 5.5 7.3.3: Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions of this section, DIVISION 5.13. ENVIRONWIENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers and duties. 5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authority from the board of county commissioners, hereinafter referred to as the hoard, and pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or al! natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. 5.13.2.2. The EAC will function to: (1) Advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resourccs. (4) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected development orders, including but not limited to rezones, developments of regional impact, provisional uses, subdivision master plans and planned unit development amendments that are directed to thc EAC by ¢o'-'-nt3 .... ~v ~rA provision~ of this Code. [ O ............ ~ deleted, words ~ are added. ~ ~ Words st: ...... ~,.. a~e CHIEF HEARING EXAMINER BOARD OF COLLIER COUNTY COMMISSIONERS Collier County Board of Commissioners is seeldng a Chief Hearing Examiner for the purpose of providing for the administration of Zoning/Land Use and Code Enforcement. Duties and Responsibilities The Chief Hearing Examiner shall consult, as necessary, with the Board and shall represent and act for the Hearing Examiner Department in connection with any County activities and functions. Research legal issues pertaining to code enforcement violations; make rulings; issue findings of fact; and conditions/actions necessary to correct code violations. Impose fines and liens, and consider requests for mitigation. Research all legal, zoning, and planning related issues pertaining to hearings, and prepare a cohesive, legally sustainable discussion complete with recommendation to the Board, or a final decision, recommended conditions, and findings of facts and conclusions of law. Conduct zoning/land use and code enforcement hearings in an orderly fashion; take testimony and evidence from all interested parties; rule on points of order and admission of testimony and/or evidence. Requirements and Qualifications The Chief Hearing Examiner shall exhibit demonstrated ability in the areas of local land use law and zoning, comprehensive planning, code enforcement, judicial and administrative procedures, and knowledge of the rules of evidence. The Chief Hearing Examiner shall be licensed to practice law in either a state or a branch of the federal court system and shall hold a verifiable law degree fi-om an A.B.A. accredited law school. Because of the judicial nature of the position, the Chief Hearing Examiner shall report directly to the Board and shall not be subject to the administration or supervision of the County Manager. Salary and Benefits: This position will be offered a full benefits package available though Collier County Board of Commissioners. Salary will be negotiable and commensurate with education and experience. Only applicants who meet the above-referenced requirements will be considered for the position. Applications may be submitted to Collier County Employee Services Center, 3301 E. Tamiami Trail, Naples, Florida 34112 or an on-line 'application may be completed at www.iobs~,colliergov.net. Collier County Board of Commissioners EOEJDFWP/MFDV L~.--C - 3 2002 Untitled Page 1 of 2 .lob Information from jobs.colliergov.net FULL-TIME EMPLOYEE BENEFIT SUMMARY Title: CHIEF HEARING EXAMINER, JobNumber: 21725 Closing Date: Until Filled Anticipated Hire Date: 08/17/02 Type: Regular, Full-Time Department: Hearing Examiners Office Salary: Negotiable Location: N. Horseshoe Dr. Function: Collier County Board of Commissioners is seeking a Chief Hearing Examiner for the purpose of providing for the administration of zoning and land use. The successful candidate for this position shall be responsible for: Consultation with the Board of County Commissioners and act for the Hearing Examiner Department in connection with any County activities and functions; Research legal issues pertaining to zoning and land use; make rulings; issue findings of facts; and conditions necessary as a result; Research all legal, zoning, and planning related issues pertaining to hearings, and prepare a cohesive, legally sustainable discussion and written product complete with recommendation to the Board, or a final decision. Conduct zoning and land use hearings in an orderly fashion; take testimony and evidence from all interested parties; rule on points of order and admission of testimony and/or evidence. Requirements: Exhibit demonstrated ability in the areas of local land use law and zoning, comprehensive planning, code enforcement, environmental law, judicial and administrative procedures, trial law and knowledge of the rules of evidence Be licensed to practice law in either a state or a branch of the federal court system and shall hold a verifiable law degree from an A.B.A. accredited law school. Current licensure to practice law in the State of Florida preferred or licensure must be obtained within I year from date of employment. Due to the judicial nature of the position, the Chief Hearing Examiner shall report directly to the Board of County Commissioners. Salary and Benefits: This position will be offered a full benefits package available though Collier County Board of County Commissioners. Salary will be negotiable and commensurate with education and experience. Only applicants who meet the above-referenced requirements will be considered for the position. Applications with statement of salary history should be submitted to Collier County Employee Services Center, 3301 E. Tamiami Trail, Naples, Florida 34112 or an on-line application may be completed at www.jobs@colliergov, net. EOE/DFVVP/H FD/V Interested? Fill out an Online Application or EMAIL your resume or job background to jobs@colliergov.net or FAX it to: (941) 774-8455 or POST OFFICE HAIL it to: the Collier County Human Resources Department, Administration Building, 3301 Tamiami Trail East Naples, Florida 34112 For prompt attention make sure to put the job title and job number in your response! Back - 3 2002 http://iobs.colliergov.neffjobdetail .cfm?jobnumber=-21725 6/13/2002 November 12, 2002 Hearing Examiner Meeting - Interviews of Candidates Me(-:ting held in County Manager's Conference Room 8:00 a.m. Present: Jim Mudd , David Johnson Bruce Anderson Lindy Adelstein Nancy Payton Mickey Coe Kathy Curatolo Also Present: David Weigel, County Attorney Jenny Morris, Human Resources Eric Staats, Naples Daily News Interview Schedule: David Schmidt 8:15 a.m. Albert Slap 9:30 a.m. Susan Rubright 10:45 a.m. Glenn Wichinsky 1:00 p.m. Daniel Fernandez 2:15 p.m. Raymond Blacklidge 3:30 p.m. Interviews of the Hearing Examiner Candidates took place in the front conference room of the County Manager's Office on November 12, 2002. At the conclusion of the interviews, the Committee ranked each of the candidates according to the answers submitted during the interview process. Kathy Curatolo was not present at the time the answers were reviewed. Upon completion of a prior commitment, Kathy returned to the Hearing Examiner Committee and reviewed the candidates. The Hearing Examiner Committee selected the final candidates to be presented to the Board of County Commissioners for their final selection: Albert Slap Susan Rubright Daniel Fernandez Jenny Morris, of Human Resources, will prepare the Executive Summary for the Board's approval at the December 3, 2002 Board of County Commissioner Meeting, attaching the top three candidates credentials, at which time the Board will make their selection and discuss the Hearing Examiner's position and contract. Jenny will also provide letters of non-selection to David Schmidt, Glenn Wichinsky and Raymond Blacklidge. Attachments: 1. Interview Questions 2. Hearing Examiner Candidate Ranking Sheet w/six candidates 1 ~ {~ 3. Hearing Examiner Candidate Ranking Sheet w/three finalists - 3 2002 Chief Hearing Examiner Part A - Selection Criteria Interview Questions Candidate: 1. Why are you interested in this position? How does your experience and education qualify you for this position? 2. What is your biggest strength and weakness? 3. Could you give a brief description of ethics, what it means to you, and examples of bad ethics that you have experienced in your career? Chief Hearing Examiner Part A - Selection Criteria Interview Questions Page 2 4. What is the biggest mistake that you've made in your legal career? What did you learn from this mistake? 5. Give me an example of your ability to work under pressure and deal with deadlines in the legal environment. 6. Have you published any articles on. land use, environmental law and/or environmental issues? If so, where, when and what topics? Chief Hearing Examiner Part A - Selection Criteria Interview Questions Page 3 7. What is the type of clients you have represented and in what type of cases? 8. What is your management style? What is your leadership style? 9. Describe one of the most controversial issues you had to personally deal with and how you handled it. Were the results what you anticipated? fla. Application And I Or Resume · L'.-j - 3 2002 ALBERT J. SLAP, ESQ. KEY POINTS · Current employment -- private law practice and Adjunct Professor of Environmental Law at University of Cincinnati College of Law. · Licensed to practice law in 3 States -- Ohio, Pennsylvania and New Jersey (active licenses in all 3 states). Admitted to Ohio Bar in 2002. · 28 Years of legal experience -- environmental and land-use issues. · Balanced Viewpoint - Have represented Developers, Municipalities, Environmental Groups and Industry,. Will approach all cases fairly, ob.~ectively and courteously. · Direct Experience in County Government- Worked 4 years as Deputy City Solicitor for Environmental Affairs for City of Philadelph/a. Reported to City Solicitor and City Manager. · Bring Needed Expertise to County Government - Concentration in Clean Water laws involving sewage pollution, wet weather issues, storm water, sewer overflows, infiltration/inflow, wetlands, etc. Possible consultative role, if needed. · Familiar with Business and Technology Issues - 5-years as Vice President and General Counsel of software development firm (Small Business Enterprise). Company sold environmental software to Du Pont, Dow, Rohm and Haas, Bristol Myers and others Fortune 500 companies. · Established Concern for Environmental Values - 8-years Board of D' rectors The Nature Conservancy, Pennsylvania Chapter; Advisory Bo ard Phila elphia Zoo; Board Member Ohio River Corridor Initiative; Board Member Children's Environmental Health Center, Cincinnati. · Family Values - married 30-years to Gail B. Slap, M.D., Director of Adolescent Medicine, Children's Hospital Medical Center, Cincinnati, Ohio. Three children ages 20, 16, and 8. Vice President, Glendale Elementary School PTA. · Outdoor Enthusiast - A~,id tennis player (USTA and Inter-Club, rated 4.0), sea kayaker, hiker. Page 1 of 5 GiarimoustasElise From: santos_g Sent: Saturday, June 15, 2002 2:26 PM To: jobs Subject: Application Submission Received API/LICATION FOR EMPLOYMENT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DATE OF APPLICATION' Saturday, June I5, 2002 NAME OF APPLICANT: Albert Joseph Slap SSAN: - - ADDRESS: CITY/STATE/ZIP: Glendale, OH 45246 E-HAIL ADDRESS' ____,. _ . PHONE NUMBERS: DAY: EVENING: ~_ A PAGER: ~ POSSESSES,4 VALID DRIVERS LICENSE? Yes ISSUED BY [S-FA TE): Oil ELIGIBLE TO WORK IN THE UNZTED Z-fA TES? Yes LEARNED OF POSITION BY: OTHER SOURCE: Internet CONVIC-FIONS/CITA TIONS? 2FO WORKPLACE VIOLENCE7 /'FO DISCIPLINARY ACTIONS? /'Fo WORKED FOR BCC PRIOR? NO --~ FAMILY/HOUSEHOLD MEMBER WORK FOR BCC? NO 0) ACCEPT SHIFT WORK? NO ,-~ REQ POS DATE (~~LE NUMBER CODE SENT VETERAN <l Chief Hearing ~ Examiner 21725 SERVICES ENTERED INTO VISTA: DATE: BY: ~. 6/17/2002 Page 2 of 5 EDUCATION HIGHEST GRADE COMPLETED: Ist Grade IF DID NOT GRADUATE FROM HIGH SCHOOL, PASSED GED? NO LEVEL ]ISCHOOL LOCATION IIMAJOR I DEGREE HIGH The Haverford Haverford, PA SCHOOL School COLLEGE PennsglvaniaUniversittj of Philadelphia, PA[IjEnglish BA ViIlanova Law GRADUATE School Villanova, PA VOCATIONAL[ Settlement Philadelphia Court OTHER Master of Common Pleas MILITARY SERVICE SERVED IN U.S. ARMED SERVICES? NO PREVIOUSLY EMPLOYED THROUGH VETERANS PREFERENCE? NO IF NO, DO YOU WISH TO CLAIM VETERANS PERFERENCE AT THIS TIME? NO If you are claiming veteran's preference, you must provide a copy of your form DD214 to the Human Resources Department and have this application certified. SKILLS AND OTHER qUALIFICATIONS !TYPING SPEED: 1.~o WPM [SHORTHAND SPEED: COMPUTER: SOFTWARE: Windows DICTAPHONE/TRANSCRIBER: MICROFILM/MICROFICH 2000 TWO WAY RADIO: }IPHONES: ilDEVVEY DECmAL;, / 6/17/2002 ~ ~ Page 3 of 5 IIi OTHER: - DRAGLINE' l GRADER: TRACTOR/MOWER: iFRONT END LOADER: I BACK HOE: ItDOZER: USH IIT CK HOE: JIU'nL C RT: l,ow o¥ OTHER: SCHOLARSHIPS: Member of the Bar of the Supreme Courts of Ohio, Penns!lluania, and New Jersey; Adjunct Professor of Law, Uniuersity of Cincinnati College of Law; Member Cincinnati Bar Associaffon; Instructor, Qualification Course for Certified Hazardous Materials Managers; Settlement Master's Certificate; LANGUAGE SKILLS - PRESENT AND PRIOR EMPLOYMENT CURRENT: NAME AND ADDRESS OF COMPANY: Law Office of Albert J. Slap TELEPH O N E: EMPL 0 YED FROM/TO: March~2 ool-6/2oo2 JOB 7TFLE: - 57-ARTING SALARE' $o.oo ENDING SAL4RY: $o.oo WORK DES£RIPTIOfl: Environmental and land-use litigation and regulatory counsel. NAME OF SUPER VISOR: REASON FOR LEA VING: Relocate to Naples, FL PREVIOUS: NAME AND ADDRESS OF COMPANY; qeoSphere Systems, Inc. TELEPHONE: 215-794-o7o6 EMPLOYED FROM/TO: I/~995--3/£oo~ JOB 7Tt'LE: VP and Counsel STARTING SALARY; $75,000.00 ENDING SA/ARE' $z2o, ooo.oo WORK DESCRIPTION: I was Vice President and General Counsel for a start-up enuironmental software deueIopment compan!l. I was part of the senior ~-- management team and also handled legal matters, including merDers and acquisitions and intellectual property. I needed to keep current with EPA/OSHA regulations as they pertained to crisis management at large chemical facilities.1 DEC - 3 2002 6/17/2002 Page 4 of 5 NAME OF SUPER VISOR: Daniel Hillman REASON FOR LEA VING: Company went out of business PREVIOUS: NAME AND ADDRESS OF COMPANY: Fox, RothSchild, O'Brien and FrankeI TELEPHONE: EMPLOYED FROM/TO: 1/I993--I2/1994 .lOB TITLE: Parmer STARTING SALARY: $~75, ooo.oo ENDING SALARY: $~75, ooo.oo WORK DESCRIPTION: Environmental litigation and regulatory matters. NAME OF SUPER VISOR: Louis Fryrnan, Esq. REASON FOR LEA VING: Fee dispute. PREVIOUS: NAME AND ADDRESS OF COMPANY: Mesirov, Jaffe Cramer and Jamieson (No longer in business) TELEPHONE: EMPL 0 YED FRoM/TO: o~/~ 989--~2/1993 JOB TITLE: Partner STARTING SALARY: $~5o, ooo.oo ENDING SALARY: $175, ooo.oo WORK DESCRIPTION: Environmental litigation and regulatory matters. NAME OF SUPER VISOR: Paul daffe, Esq. REASON FOR £EA VING: HA VE YOU BEEN DISCHARGED OR FORCED TO RESIGN FOR MISCONDUCT OR UNSA TISFACTOR Y PERFORMANCE? NO DO YOU AGREE THAT THE REASON GIVEN FOR YOUR TERMINATION WAS VALID? NO MA Y WE CONTACT YOUR PRESENT EMPLOYER IF YOU ARE UNDER SERIOUS CONSIDERATION? Yes DO YOU WISH TO BE CONTACTED BEFOREHAND? NO PERSONAL REFERENCES (Excluding former Employers and Relatives> N^ E OCCUPA' ONII ^DO,ESS lr>^'m,E PHONE - 6/17/2002 Page 5 of 5 Line Homes, Inc. IHarrisburg, PA 17111 -- Howard Brownstein, 1822 Montgomery Ave, JD, MBA [Narberth, PA I 9o72 Joseph Goldblum, Pres. Jenkintown Plaza, G-2 Equities, Jenkintown, PA ~ 9o46 ADDITIONAl. INFORMATION I have extensive experience as a practicing environmental and land-use lawyer. I currently practice before the courts of the United States, and the states of Pennsylvania, Ohio and New Jerse!]. I would be an excellent candidate for Chief Hearing Examiner. From ~98o-84, I was the Deputy City Solicitor for the &'ty and County of Philadelphia. I reported to the City Solicitor and to the City Manager. So, I am fully familiar with what is involved in consultation with the Board of County Commissioners. In addition to familiarity with the substantive aspects of zoning, land-use and environmental law, I deal with evidentiary issues on a regular basis in my work. I am an Adjunct Professor of Law at the University of Cincinnati College of Law and a Certified Settlement Master. Working for real- estate developers, I have a keen awareness of the what their probIems are. As a former Board Member of the Nature Conservancy, I am also familiar with the environmental issues that impact development. I have a calm and reasoned demeanor and am respec!ful of all persons, even in the highly-charged atmosphere of litigation. 6/1 '7/2002 Page 1 of 1 GiarimoustasElise From: Albert Slap [albertslap@slaplaw.com] Sent: Saturday, June 15, 2002 1:38 PM To: jobs Subject: Position 21725 To Whom it May Concern: I am interested in the position that you have advertised for a Chief Hearing Examiner for Zoning and Land Use. I am an experienced environmental and land-use lawyer. I am currently in private practice in Cincinnati, OH. I am interested in relocating to Naples with my family. My background and resume are available on my website at www. slaplaw.com. Also on that site, you will find some client references, including one from one of my real-estate developer clients from Pennsylvania. I am very familiar with zoning and land-use law as well as environmental law and civil litigation. I recently obtained an attorney license in Ohio, so I do not believe that it would be a problem for me to receive my Florida license. I would find this judicial position very satisfying. I am very interested in dispute resolution and have a Settlement Masters' Certificate from the Pennsylvania Court of Common Pleas. Thank you for considering me for this position. Very truly yours, Albert J. Slap, Esq. Glendale, OH 45246 Member OH, PA and NJ Bars Confidentiality Notice This e-mail message is intended by the Law Office of Albert J. Slap for use only by the individual or entity to which it i.', addressed. This message may contain information that is privileged or confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to receive and deliver it to the named addressee). If you have received this transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply e-mail or by calling Thank you. -.. 6/17/2002 Page 1 of 2 GiarimoustasElise From: Albert Slap [albertslap@slaplaw.com] Sent: Tuesday, June 25, 2002 5:42 PM Subject: Jenny Morris/Chief Hearing Examiner 21725 To.' Jenny Morris/Collier County Dear Jenny; 1 enjoyed speaking with you on the phone, today. I have attached to this e-mail an updated resume. Given your description of the position of Chief Hearing Examiner, I believe that my strengths are well-matched with the current needs of the County Commissioners. I worked in City/County government for four years as the Deputy City Solicitor for Environmental Affairs for the City of Philadelphia. This was a crucial time, environmentally for the City. A major upgrade was taking place at the City's three sewage treatment plants and, a new sludge recycling center was being built. Trash incinerators were being shut down and new landfill contracts needed to be negotiated. A criminal conspiracy at the Streets Dept. and midnight dumpers led to creation of a major Superfund site on City property. I spearheaded the very first Section 107 Superfund cost recovery action ever brought in the Country - City of Philadelphia v. Stepan Chemical. We collected over $8 million from generators of the hazardous wastes before I left City government. My experiences working for and with Department heads, the City Manager, the Mayor and members of City Council were formative. I gained valuable lessons in operating within a large organization, which also happened to be "politically charged" from time-to-time, especially on environmental issues. My private law practice was concentrated in environmental litigation (including zoning and land use) and regulatory advice (wetlands were certainly a major issue). I handled numerous cases in which I obtained million $ plus settlements and several million $ plus jury verdicts. So, I am familiar with litigation and the Rules of Civil Procedure and the Rules of Evidence. In 1995, I decided to change directions for a while and became VP and General Counsel for an environmental software development company. During my time at the software company, I had significant management and legal responsibilities. My legal work and CLE focused on contracts, intellectual property, and corporate crisis management issues. Unfortunately, the software .company was venture-backed and did not survive the "tech- wreck" intact. I left that company in 2001 to return to private environmental law practice and to teach part-time at the law school level. My family and I are exploring the relocation options in the Naples area. I am an avid tennis player and water sports enthusiast (water skiing, kayaking), so Naples looks like a particularly good fit. I was a Board Member of the Nature Conservancy (Pennsylvania Chapter) for many years and, as you might well imagine, I am excited about the oossit 'lity of living in the beautiful, natural surroundings of Florida's west coast. I am looking forward to hearing from the County regarding a personal interview. Sincerely, Albert J. Slap, Esq. Glendale, OH 45246 Member OH, PA and NJ Bars Confidentiality Notice This e~mail message is intended by the Law Office of Albert J. Slap for use only by the individual or entity to which it is addressed. This message may contain information that is privileged or confidential. It is not intended for 6/26/2002 Page 2 of 2 transmission to, or receipt by, anyone other than the named addressee (or a person authorized to receive and deliver it to the named addressee). If you have received this transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply e-mail or by calling - ' · Thank you. 6/26/2002 45246 ' Albert J. Slap, Esq. Objective To obtain a senior management or legal position with a growing company or government agency, which will enable me to use my strong legal and management skills and commitment to quality to improve overall efficiency and to achieve the employer's goals and objectives. Experience 2001-Present Private Law Practice Cincinnati, OH Law Office of Albert J, Slap · Adjunct Professor of Law, University of Cincinnati College of Law · Concentration in environmental, regulatory and land-use · Member OH, PA and NJ Bars · Consulting in corporate crisis management 1995-2001 VP and General Counsel Doylestown, PA GeoSphere Systems, Inc, · Developed decision-support software for crisis management in the chemical industry and government (PlantSafeTM, TranSafeTM, Process SageTM) · Responsible for all contracts, software licensing, intellectual property, insurance issues · Part of senior management team - raised over $10 million in venture capital · Selected, negotiated and acquired engineering consulting firm with $3 million in annual revenues. 1993-1995 Law Partner Philadelphia, PA Fox, Rothschild, O'Brien and Frankel · Led Envirc mental Law Division · Trial attomt, y - obtained several $ million plus jury verdicts · Authored two book chapters and articles on environmental law issues 1990-1993 Law Partner Philadelphia, PA Mesirov, Jaffe, Cramer and Jamieson · Led Environmental Law Division · Regularly taught ALI-ABA courses on environmental topics · Handled complex real-estate transactions involving contaminated properties ("Brownfields") Education 1971-1974 Villanova Univ. School of Law Villanova, PA · Juds Doctor · Chairman, Moot Court Board 1967-1971 Un/versity of Pennsylvania Philadelphia, PA · B.A. English Professional Memberships · Admitted to the following: · Supreme Court of the United States- 1980 · Supreme Court of Ohio- 2002 · Supreme Court of New Jersey- 1985 · Supreme Court of Pennsylvania- 1974 Cincinnati Bar Association Mr. Slap is AV-rated by Martindale-Hubbell and is listed in the 1999 Bar Register of Preeminent Lawyers. In 1993, the First Judicial District of Pennsylvania awarded Mr. Slap a Settlement Master's Certificate. Further From 1980-1984, Slap served as Deputy City Solicitor for Environmental Background Affairs for the City of Philadelphia. Advised Managing Director on water pollution, solid waste, air pollution, and environmental health issues. Brought first Superfund private cost recovery action in United States, City of Phila. v. Stepan Chemical. Slap is currently an Adjunct Professor of Law at the University of Cincinnati College of Law, where he teaches "Advanced Problems in Environmental Law." Slap regularly lectures throughout the United States and abroad on a variety of environmental topics including: environmental litigation, hazardous waste, emergency response and crisis management. In addition to numerous journal and magazine articles, Mr. Slap has authored two book chapters, "Citizen Sui'; in Pennsylvania" (Pennsylvania Environmental L~w and Pr ctice, Pennsylvania Bar Institute, 1999 Supp.) and "The Legal Aspects of Indoor Air and health" (Hanley and Belfus, 1995). "Pennsylvania Environmental Law and Practice" won the Association for Continuing Legal Education's Best of 1999 Award for Outstanding Achievement in Publications. Hobbies/Interests: USTA and Inter-Club Tennis (4.0); downhill skiing; hiking, ka?aking Page 1 of 5 From: GiarimoustasElise ~ I Sent: Monday, June 17, 2002 11:48 To: Morris Jenny Subject: ALBERT SLAP - 217.25 .... Odginal Message--- From: santos__q Sent: Saturday, June 15, 2002 2:26 PM To: jobs Subject: Application Submission Received APPLICATION FOR EMPLOYM]gNT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DATE OF APPLICATION: Saturda!l, June 15, 2002 NAME OF APPLICANT: Albert Joseph Slap SSAN' - - ADDRESS: CITY/STATE~ZIP: Glendale, OH 45246 E-MAIL ADDRESS: ~ - PHONE NUMBERS: DAY: .... EVENING: PAGER: - POSSESSES A VALID DRIVERS LICENSE? Yes ISSUED BY (STATE): OH ELIGIBLE TO WORK IN THE UNITED S-FA TES? Yes LEARNED OF POSITION BY: OTHER SOURCE: Internet CONVICTIONS/CITATIONS? NO WORKPLACE VIOLENCE? NO DISCIPLINARY ACTIONS? No WORKED FOR BCC PRIOR? NO FAMILY/HOUSEHOLD MEMBER WORK FOR BCC? NO ACCEPT SHIFT WORK?. NO 6/9.119.1109. Page 2 of 5 ENTERED INTO VISTA: DATE: BY: EDUCA'i'ZON HIGHEST GRADE COMPLETED: ~st Grade IF DID NOT GRADUATE FROM HIGH SCHOOL, PASSED GED? NO Ilsc,ooc Ilboc o IIm o HIGH The Haverford Haverford, PA SCHOOL School COLLEGE University of Philadelphia, PA English BA Pennsylvania Villanova Law , Villanova, PA JD GRADUATE School VOCATIONAL] Settlement Philadelphia Court OTHER Master of Common Pleas NII LI'TAR¥ SERVICE SERVED IN U.S. ARMED SERVICES? NO PREVIOUSLY EMPLOYED THROUGH VETERANS PREFERENCE? NO IF NO, DO YOU WISH TO CLAIM VETERANS PERFERENCE AT THIS TIME? NO If you are claiming veteran's preference, you must proviclu a copy of your form DD2:t4 to the Human Resources Department and have this application certified. SK~LLS AND OTHER QUALIFICATIONS U:..- '.-, 2002 TYPING SPEED: 1lo T4~M I[SHORTHAND SPEED: Page 3 of 5 COMPUTER: 2000 I'WO WAY RADIO: II~"o~s: iIDEWE¥ DECIMAL: OTHER: ' DRAGLINE: ~GRADER: IITRACTOR/MOWER: FRONT END LOADER: IJBACK HOE: IIDOZER: BUSH HOG: IITRACK HOE: IIUTILITY CART: ROLLER: II~OWBOY TRAILER: JJHYOROSCOPIC: OTHER: SCHOLARSHIPS: Member of the Bar of the Supreme Courts of Ohio, Pennsylvania, and New Jersey; Adjunct Professor of Law, University of Cincinnati College of Law; Member CincinnaH Bar Association; Instructor, Qualification Course for Certified Hazardous Materials Managers; Settlement Master's Certificate; - LANGUAGE SKILLS NONE PRESENT AND PRIOR EMPLOYMENT CURRENT: NAME AND ADDRESS OF COMPANY: Law Office of Albert J. Slap TELEPHONE: EMPLOYED FROM/q'O: March/2ooI--6/2oo2 JOB T]TLE: ffl'~A'R7:ING SALARY: $o.oo ENDING SALARY: $o.oo WORK DESCRIPTION: Environmental and land-use litigation and r,;gulatr counsel. NAME OF SUPER VISOR: REASON FOR LEA vING: Relocate to Naples, FL PREVIOUS: NAME AND ADDRESS OF COMPANY: L'E C- GeoSphere Systems, Inc. TELEPHONE: 2.z5-794-o7o6 EMPLOYED FROM/TO: .z/z995--3/2ooz JOB 77Tl~: VI> and Counsel 5-FARTING SALARY: $75, ooo. o0 ENDING ~q4LARE' $1~o, ooo.oo Page 4 of 5 WORK DESCRIPTION: I was Vice President and General Counsel for a start-up environmental software development company. I was part of the senior management team and also handled legal matters, including mergers and acquisitions and intellectual propertg. I needed to keep current with EPA/OSHA regulations as they pertained to crisis management at large chemical facilities. NAME O? SUPERVISOR: Daniel Hillman REASON FOR lEA VING: Company went out of business PREVIOUS: NAME AND ADDRESS OF COMPANK' Fox, Rothschild, O'Brien and Frankel TELEPHONE: EMPLOYED FROM/TO: ~/~993--~£/~ 994 .lOB TITLE: Partner STARTING SALARY: $~75, ooo.oo ENDING SALARY' $~ 75, ooo.oo WORK DESCRIPTION: Environmental litigation and regulatory matters. NAME OF SUPERVISOR: Louis Frgman, Esq. REASON FOR LEA VING: Fee dispute. PREVIOUS: NAME AND ADDRESS OF COMPANY: Mesirov, Jaffe Cramer and Jamieson (No longer in business) TELEPHONE: EMPLOYED FROM/FO: o~/~ 989--~2/~ 993 .lOB TITLE: Partner STARTING SALARY: $~5o, ooo.oo ENDING SALARY: $~ 75,ooo.oo WORK DESCRIPTION: Environmental litigation and regulatory matters. NAME OF SUPERVISOR: Paul Jaffe, Esq. REASON FOR LEA VING: HA VE YOU BEEN DISCHARGED OR FORCED TO RESIGN FOR MISCONDUCT OR UNSA TISFACTOR Y PERFORMANCE? NO DO YOU AGREE THAT THE REASON GIVEN FOR' YOUR TERMINATION WAS VALID? NO MA Y WE CONTACT YOUR PRESENT EMPLOYER IF YOU ARE UNDER SERIOUS CONSIDERATION? Yes DO YOU WISH TO BE CONTACTED BEFOREHAND? Page 5 'of 5 PERSONAL REFERENCES (Excluding form/Employer~ and Relab'ves> ~ohn Schilling, ~, Fine 78oo Der~ S~eet, Line Homes, Inc. · Ha~burg, PA ~ ~- ~ · Howard Brow~tein, 822 Montgome~ Ave, ~ JD, MBA Narberth, PA ~ 9o7~ Joseph ~ldblum, Pres. Jen~ntown Plea, G-2 Equities Jenkintown, PA 19o46 ADOlTIONAL INFORt~IA TION I have extensive experience as a practicing environmental and land-use lawyer. I currently practice before the courts of the United States, and the states of Pennsylvania, Ohio and New Jersey. I would be an excellent candidate for Chief Hearing Examiner. From 198o-84, I was the Deputy City Solicitor for the City and County of Philadelphia. I reported to the City Solicitor and to the City Manager. So, I am fully familiar with what is involved in consultation with the Board of County Commissioners. In addition to familiarity with the substantive aspects of zoning, land-use and environmental law, I deal with evidentiary issues on a regular basis in my work. I am an Adjunct Professor of Law at the University of Cincinnati College of Law and a Certified Settlement Master. Working for real- estate developers, I have a keen awareness of the what their problems are. As a former Board Member of the Nature Conservancy, I am also familiar with the environmental issues that impact development. I have a calm and reasoned demeanor and am respectful of all persons, even in the highly-charged atmosphere of litigation. OZC- '. 2(]02 Application And ! Or Resume S::IOt::INOS:::II:I NV NFI SUSAN R. RI_YBI GI-IT Augus~ 13, 2002 Attention: Je~y Mo~s, ~ Dep~ment l 3301 Tamia~ Trail ~st t Naples, ~ 34112 RE: Collier Coun~ Hearing ~aminer Position De~ Ms. Mo~s: Please accept ~s letter and enclosed resume in suppoff of my application for the position of Colder County He~g Ex,net that was adve~ised ~ August 1, 2002 edition of The Florida Bar News. I am a ~o~da ~d New Jersey licensed attorney, with much of my seventeen (17) ye~ c~eer p~vate practice devoted to land use ~d zon~g law. I have also worked as a land use pla~er advanced pla~ng de~ee. My experience ~d ~owledge, and my managehal ~d communication s~ls, ~e easily ~sferable to ~e Cowry He~g Exa~ner position. The issues, proble~ ~d concerns of ~e public entities I represent ~e reversal ~d ~clude zoning ~d plamg, cons~ction and en~omentM matters. I rout~ely se~e as ~biter of these issues ~d provide legal op~ons to gove~ng bodies, plagning ~d zon~g bo~ds and cons~ction and zo~g officials. I have presided over quasi-judicial proceed~gs ~volving zoning board decisions. Moreover, I possess the excegent orga~zational, decision-~g and problem solving shes · at ~e requked in order to accomplish the work at h~d, develop ~d implement policy, s~ateg~e ~d render legal advice. Effective and essential management, co~unication and inte~e~onal s~Hs enable me to work productively with governing body members, ad~is~afion, staff and the public, ~d to foster success~l relations~ps. I have an eno~ous capacity for worL ~d am always ready to do whatever it takes, for however long it takes, to achieve the desked result ~d to accomp~sh the goal. ~ my p~vate practice, I stuffs ~e accountable to ~e mpayer. I deliver top quality legal se~ices ~ a cost4ffecfive, ex~ditious ~d efficient ~er. I would bring ~s res~4riented approach to Collier County. It has been my deske for some time to rel~ate to Sou~ ~ofida. My husb~d's f~ly hves Fo~ ~uderd~e ~ea ~d I m a frequent visitor. The H~g Examiner position would be a chMleng~g next step ~ a c~r ~at has ~en devoted to the practice of l~d use ~d zoffing ~d government law. I would ~e ~e oppomiW to discms my qua~fications, expe~ence ~d id~ ~ more det~. Please contact me at ( (home) or (cell) to ~ge for ~ ~te~ew. I appreciate yo~ ~e ~d consideration. Ve~ ~y yo~s, Sus~ R. Rubhght SUSAN R. RUBRIGHT EXPERIENCE MUNICIPAL/GOVERNMENT LAW: Represent public entities in general municipal, land use and real estate matters. Negotiate labor contracts for police and public employees. Advise regarding municipal financial operations, including development of budgets and capital improvement spending plans. Research and provide advice on current municipal concerns, including affordable housing. Represent state social service borrower relating to the issuance of tax-exempt bonds and the loaning of proceeds to not-for-profit social service providers. Routinely serve as outside counsel to coordinate litigation and real estate matters and to develop strategies. Rigorously apply legal principles in analyzing complex municipal issues and problems. Develop, draft and execute creative legal solutions, including the development of model bid documents, contracts, leases, development easements and developers agreements, thereby streamlining procedures and promoting efficiency. LITIGATION: Conduct and manage all phases of pretrial, trial and appellate practice on diverse and complex municipal matters. Bring condemnation actions in connection with development and infrastructure projects. Develop litigation strategies and negotiate settlements in coordination with in-house counsel. Authored legal brief on novel statutory conflict issue on which highest state court granted certification on an interlocutory appeal. Wrote and argued winning cases before appellate and trial courts on varied municipal, tax, labor and land use issues. Represented major insurance carriers in complex civil litigation, primarily in the area of environmental coverage. REAL ESTATE: Facilitate development projects with municipal officials, developers and lenders to promote urban revitalization. Advise on municipal real estate transactions including negotiating commercial, residential and open space contracts. Conduct required due diligence and title reviews. Coordinate funding with private lenders and governmental funding sources. Negotiated and coordinated the first simultaneous closing in the state that utilized state, county and municipal funding programs to purchase development rights on preserved property. LAND USE: Represent municipal planning and zoning boards, and private applicants before such boards. Coordinate and render advice to planning board officials and staff on zoning, land use, environmental, planning and regulatory issues. Analyzed land use regulations for major metropolitan city for compliance with legal requirements, and drafted amendments to such regulations. Prepared model telecommunications ordinance used by numerous municipalities in the state. Have working knowledge of environmental laws relating to preservation and land development. Lecture regularly to elected officials on land use, zoning and environmental issues in class entitled "Powers and Duties of a Municipal Governing Body'. SUSAN R. RUBRIGHT Page 2 - LEGAL EMPLOYMENT Eric M. Bemstein & Associates, L.L.C., Warren, New Jersey, Senior Associate (1/2000- present) (Firm created by attorneys from Mauro, Savo firm listed below) Mauro, Savo, Camerino & Grant, P.A., Somerville, New Jersey, Senior Associate (1998-1999) Law Offices of Alan B. Zublatt, Monmouth Junction, New Jersey, Senior Associate (1997-1998) Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, New Jersey, Senior Associate (1991-1997) Brian D. Burns, Florham Park, New Jersey, Associate (1989-1991) Hannoch Weisman, Roseland, New Jersey, Associate (1987-1989) Francis & Berry, Morristown, New Jersey, Junior Associate (1985-1987) (Medical malpractice and insurance defense litigation) OTHER PROFESSIONAL EXPERIENCE Somerset County Planning Board, Somerville, New Jersey, Planner (1978-1982) EBUCATION J.D. (cum laude), Seton Hall University School of Law, Newark, New Jersey (1985) Associate Editor, Seton Hall Legislative Journal Master of City & Regional Planning, Rutgers University, New Brunswick (1984) B.S., Environmental Science, University of New Hampshire, Durham, New Hampshire (1978) COMMUI~ fY ACTIVITIES '1. ustee, Cedars at Basking Ridge Condominium Association (1993-1996) Member, Borough of Peapack & Gladstone Environmental Commission (1978-1982) BAR ADMISSIONS Florida Supreme Court (1995) New Jersey Supreme Court (1985) United States District Court for the District of New Jersey (1985) References Available Upon Request Page 1 of 5 MorrisJenny From: bryan_l Sent: Wednesday, November 06, 2002 9:36 AM To: Morris Jenny Subject: SUSAN RUBRIGHT - 21725 ..... Original Message- .... From: santos_g Sent: Tuesday, November 05, 2002 12:34 PM To: jobs Subject: Application Submission Received APPLICATION FOR EMPLOYMENT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DATE OF APPLICATION: Tuesday, November 05, 2002 NAME OF APPLICANT: Susan R. Rubright SSAN' - ADDRESS: CITY/STATE/ZIF;: t _ ' .... E-MAIL ADDRESS: PHONE NUMBERS: [',AY: -- EVENING: ~ PAGER: ~ ~ POSSESSES A VALID DRIVERS LICENSE? Yes ISSUED BY (ETA TE): NJ ELIGIBLE TO WORK IN THE UNITED ETA TES? Yes LEARNED OF POSY770N BY: PROFESSIONAL JOURNAL: Yes CONVICTIONS/CiTA TIONS? Yes CIRCUM57-ANCES: Speedin9 ffckets- one in 197os; one in ~ 992. WORKPLACE VIOLE, 'CE.'? NO DISCIPLINARY ACTIONS? No. WORKED FOR BCC PRIOR? NO FAMILY/HOUSEHOLD MEMBER WORK FOR BCC? NO ACCEPT SHIFT WORK? NO REQ POS DATE TITLE NUMBER CODE SENT VETERAN I..,.,. ~. · i SERVICES 111612002 Page 2 of 5 l[ ume. r ~earmg _ IIExaminer ENTERED INTO VISTA: DATE: BY: EDUCATLON HIGHEST GRADE COMPLETED: ist Grade IF DID NOT GRADUATE FROM HIGH SCHOOL, PASSED GED? NO LEVEL II$cHOOL IILOCATION IIMAJOR DEGREE HIGH Bernards Bernardsuille, SCHOOL High School NJ o79e4 Envir. Univ. of New Durham, NH BS COLLEGE Hampshire Sci. New Brunswick, Urban MCRP GRADUATE Rutgers Univ. NJ Planning VOCATIONALI Seton Hall Newark, NJ JD OTHER Law School degree MILITARY SERVICE SERVED IN U.S. ARMED SERVICES? NO PREVIOUSLY EMPLOYED THROUGH VETERANS PREFERENCE? NO IF NO, DO YOU WISH TO CLAIM VETERANS PERFERENCE AT THIS TIME? NO If you are claiming veteran's preference, you must provide a copy of your form DD214 to the Human Resources Department and have this application certified. SKILLS AND OTHER QUALIFICATIONS I'(~) 1~ tITYPlN(; qPFFD: IIc, HnI~THANn C, PFFD: I W '-~ 11/612002 Page 3 of 5 COMPUTER: TWO WAY DZO: II'HomEs: D CZ A,: OTHER: IIG DE ,: IIT ORmOWER: FRONT END LOADER: II~*c~"o~: IIDOZ~: BUSH HOG: II~cK .0[: I~~ ~RT: ROLLER: I~LOWBOY T~ILER: J HYDROSCOPIC: OTHER: SCHOLARSHIPS' LANGUAGE SKILLS Spanish READ: SLIGHT WRITE: SLIGHT SPEAK: SLIGHT PRESENT AND PRIOR EMPLOYMENT CURRENT: NAME AND ADDRESS OF COMPANY: Eric M. Bernstein &Assoc. 2 North Rd. PO Box 4922 Warren, NJ 07059 TELEPHONE: 732-805-3360 EMPLOYED FROM/TO: 0]/2o00-- JOB 77TLE: Senior Associate STARTING EAL4RK' $ZlO, OOO.OO ENDING SALARY: $z35, ooo.oo WORK DEECRIPTION: Represent p ublic el ffties, pIanning boards. Real Estate. See resume for more details. NAME OF EL/PER VIEOR: Eric Berns tein REASON FOR LEA PING: Cuurent position. Seeking to attain a positon in Florida suitable to my skill level and interests. PREVIOUS: NAME AND ADDRESS OF COMPANY: Mauro, Savo, Camerino & Grant 77North Bridge St. Someruille, NJ 08876 , TELEPHONE: 9o8-526-o7o7 EMPLOYED FROM/TO: o8/]998--~2/z999 - J~,~ ;' JOB TITLE; Senior Associate STARTING SALARY.' $85,000.o0 ENDING 11/6/2002 Page 4 of 5 SALARY: $93,500.00 WORK DESCRIPTION: Prepresenedt public entities, planning boards, developers. Commercial litigation. Real Estate. See resume for more details. NAME OF SUPER VISOR: William Savo REASON FOR LEA VING: Started current firm with other attorneys from this firm. PREVIOUS: NAME AND ADDRESS OF COMPANY: Law Office of Alan Zublatt Monmouth Junction, NJ TELEPHONE: 6o9-951-o6oo EMPL O Y£D FROM/TO: o7/1997--o7/1998 .JOB 77TLE: Senior Associate STARTING SALARY: $75, ooo.oo ENDING SALARY: $80, ooo. OD WORK DESCRIPTION: Represented deuelopers. Real estate, construction and commercial lititgation. NAME OF SUPER VISOR.' Alan Zublatt REASON FOR LEA VING: Differing attitudes toward work and client responsibilites. PREVIOUS: NAME AND ADDRESS OF COMPANY: Purcell, Ries, Shannon, Mulcahy & O'Neill Pluckemin Way Bedminster, NJ 07921 TELEPHONE: 9o8-658-38oo EMPLOYED FROM/TO: o8/1991--o7/~997 JOB 777-LE; Senior Associate STARTING SALARY: $62,000.00 ENDING SALARY: $93, ooo.oo WORK DESCRIPTION: Environmental insurance defense, insurance defense, commercial lititgation, represent developers, real estate. Left this positon to do more extensive real estate and land use work. (This would not fit in the "reason for leaving" space on the form). NAME OF SUPERVISOR: Michael O'Neill REASON FOR LEA VING: HA VE YOU BEEN DISCHARGED OR FORCED TO RESIGN FOR MISCONDUCT OR UNSA TISFACTOR Y PERFORMANCE? NO DO YOU AGREE THAT THE REgSON GIVEN FOR YOUR TERMINATION WAS VALID? NO . MA Y WE CONTACT YOUR PRESENT EMPLOYER IF E~Z - 3 ~'-'~ YOU ARE UNDER SERIOUS CONSIDERATION? NO ti ~ 11/6/2002 Page 5 of 5 DO YOU WISH TO BE CONTACTED BEFOREHAND? Yes PERSONAL REFERENCES (Excluding former Employers and Relatives> l Che~I Oberdorf/ 3o GalIomae, Lamber Wes~el& NJ 07090 Mark Ringel/ 1243 Crab~ee Ct., Compliance Officer Basking Ridge, NJ _ _ . 07920 [Gus Larson / Mormge ~96 Lake Roa& Far Banker Hills, N3 o793~ ' ADDITIONAL INFORMATION Please see Resume for other positions, including my postion as Somerset Coun~ Planner for four (4) years 0978-z982) while I attended graduate school to obtain a masters degree in planning. I attended law school from ~982-~985. I clerked for a Iaw firm part-time while in law school. Mg college, graduate school, law school and professional work history all show a consist interest in planning, the environment, real estate and government. My resume also lists my other legaI postions that I did not have room to add to the application form as follows: Brian Burns, Esq., Hanover Rd., FIorham Park, NJ. Associate. July ~ 989-August ~ 99~ Represented developers and planning boards, conducted real estate transactions and performed commercial litigation. Starting salarg- $55, ooo. Ending- $6o, ooo. Left this positon due to a down turn in the real estate market and resulting negative impact on our developer clients. Hannoch Weisman, Roseland, NJ. Junior Associate. July z 987-Julg ~ 989. Land use, real estate and commercial litigation. Starting salary - $43,ooo. E' :ding- $53, ooo. Left in order to do "hands on" development application work.. :rancis and Berry, Morristown, NJ o7960. Junior Associate. September ~ 985-July ~ 987. Insurance and medical maIprpactice defense litigation. Real estate and commercial litigation. Starting salarg-$23, ooo. Ending- $31,ooo. Left this position to do land use work and for better opportunities, including higher salary. 1 1 I~qD(In9 Application And I Or Resume I..:~C - :~ 20,92 Daniel P. Fernandez Attorney At Law RESEARCH AND PUBLICATIONS Open Space Ordinance for Collier County, Florida (background research and drafting 1975) Legal Aspects of Urban Storm Water Management and Related Pollution Abatement Problems, published in Proceedings, Urban Storm Water Management Seminars, U. S. Environmental Protection Agency WPD 03-76-04 (assisted with research and writing) (January, 1976) The Proposed Florida Fresh Water Boundary determination Act of 1976," accompanied by the proposed Act - I-~ 3202, assisted in preparation Report to the Florida Department of Natural Resources and the Florida Legislature (1976) A Review of the Canal Authority of The State of Florida Prepared Pursuant to the Sundown Act, Florida Senate Committee on Natural Resources and Conservation (January, 1981) CO-AUTHORED Merging Two Systems: NPDES and Tennessee Water Quality Control, a Report to the Division of Water Quality Control, Department of Public Health, State of Tennessee (1977) Development of County and Local Ordinances to Protect the Public Interest in Florida's Coastal Beaches, Florida Sea Grant Technical Paper, Grant No. 04-6-158-44055 (July, 1977) Public Beach Access: A Guaranteed Place to Spread Your Towel, 29 University of Florida Law Review 853 (Fall 1977) Legal Alternatives For Effective Management of Stormwater Runoff And Related Pollution Problems, Eastern Water Law Center, Final Report to the Southwest Florida Regional Planmng Council (1979) Protecting Coastal Waters: Model Ordinances For Runoff Control and Sewerage Disposal, Eastern Water Law Cehter, University of Florida, College of Law (June, 1979) Florida's State-owned Lands -A Management Study, Florida Senate Natural Resources and Conservation Committee, (December, 1979) DEC, - 3 2092 Arbitration Award for Proposed Tampa Bay Reeional Reservoir, Environmental Protection Commission of Hillsborough County, et al., v. Tampa Bay Water (May 15, 2001) COURSES AND PRESENTATIONS Wetlands and Water Law Conference For Engineers, Surveyors, and Attorneys, sponsored by the Environmental Law Section of the Flor/da Bar, Orlando, Florida (1977) Guest Lecturer, Environmental Law Class, University of Florida, College of Law, (Spring 1977) Faculty Member, Land Planning and Regulation of Development, American Law Institute and American Bar Association Course, New York (May 1978) Current Environmental Legal Issues Seminar, sponsored by the Florida Bar (1978) Private Property Rights Seminar, sponsored by the Atlantic Legal Foundation, West Palm Beach Florida (April 1979) Administrative Law Course, Department Of Public Administration, Florida State University (1980) Intervention Strategies For Dealing With Aggressive Individuals, Course No. EEX 6615, with Dr. Clint Van Nagel, University of North Florida (1980-1984) Public Interest Representation: Environmental and Land Use Issues, workshop sponsored by the Florida Bar, Environmental and Land Use Law Section, Gainesville, Florida (March, 1983) Guest Lecturer, Environmental Law Class, Stetson College of Law (1992) Appeared as expert witness with regard to water law, water boundaries, and environmental regulatory jurisdictions in Lyons v. Silver, Case No. 98-8801, 13th Judicial Circuit, Hillsborough County (2001) 2 Page 1 of 6 bryan_l From: santos_g Sent: Wednesday, November 06, 2002 2:59 PM To: jobs Subject: Application Submission Received APPLICATION FOR EMPLOYMENT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DATE OF APPLICATION: Wednesday, November 06, 2002 NAME OF APPLICANT: Daniel P. Fernandez SSAN: - - ADDRESS: CITY/STATE/ZIP' ' E-MAIL ADDRESS' __ PHONE NUMBERS: DAY: _. EVENING: PAGER: POSSESSES A VALID DRIVERS LICENSE? Yes ISSUED BY (STATE): Florida ELIGIBLE TO WORK IN THE UNITED STATES? Yes LEARNED OF POSITION BY: PROFESSIONAL JOURNAL: Yes CONVICTIONS/CITA TiONS? Yes CIRCUMSTANCES: Traj~e citation. WORKPLACE VIOLENCE? NO DISCIPLINARY ACTIONS? None. WORKED FOR BCC PRIOR? NO FAMILY/HOUSEHOLD MEMBER WORK FOR BCC? NO ACCEPT SHIFT WORK? NO 'I t I'LE REQ POS DATE NUMBER CODE SENT. VETERAN Chief Hearing SERVICES Examiner ENTERED INTO VISTA: DATE: BY: ,--~ -; 20U~ 11/6/2002 Page 2 of 6 EDUCA'I~ON HIGHEST GRADE COMPLETED: Graduate 3rd Year ~ ~ ~o-r ~r,u^-r~ ~o~ .~ sc.oo,, ~,~s~ ~? ~o 'L~V~L Ilsc. ooL Iluo~o~ IIm~o~ IlDEG~EE Tampa ~I~H Catholic Tampa~ Flo~da SCHOOL High School ]FIoHda State 'Tallahassee, Philosophy B~. COLLEGE Universi~ Florida Universi~ of Gafnesville, Lam J.D. G~DUATE Florida Florida VO~ONALI OTHER I ~ILIT~RY SERVICE SERVED IN U.S. ARMED SERVICES? NO PREVIOUSLY EMPLOYED THROUGH VETERANS PREFERENCE? NO IF NO, DO YOU WISH TO CLAIM VETERANS PERFERENCE AT THIS TIME? NO If you are claiming veteran's preference, you must provide a copy of your form DD214 to the Human Resources Department and have this application certified. SKILLS AND OTHER QUALIFICATIONS TYPING SPEED: IISHORTHAND SPEED' COMPUTER: SOFTWARE: IIDICTAPHONE/TRANSCRIBER: IIMICROFILM/MICR°FICHE: TWO WAY PHONES: DEVVEY DECIMAL: RADIO: = 11/6/2002 Page 3 of 6 OTHER: FRONT END BACK HOE: DOZER: LOADER: Ilcoweo IIHvD OSCO ZC: OTHER: SCHOLARSHIPS: ¢ The Florida Bar 0976) C Eleventh Ch'rcuit Court of Appeals 0981) t7 Hillsborough Coun~ Bar Association C Member, Florida Bar Sections on Environmental and Land Use Law, Administrative Law, and Government Law C Former faculty member American Law Institute, American Bar Association and the Florida Bar CLE courses LANGUAGE SKILLS Spanish READ: FAIR WRITE: FAIR SPEAK: GOOD PRESENT AND PRIOR EMPLOY~IENT CURRENT: NAME AND ADDRESS OF COMPANY: Daniel P. Fernandez Attorneg at Law I ._ - .... - TELI~PHONE: ( ....... EMPLOYED FROM/FO: o4/199o--I~/£oo2 JOB TITLE'Attorney STARTING $,4LARY: $o.oo ENDING S,4LARY: $o.oo WORK DESCRIPTION: Law practice focused primarily on environmental, land use, governmental and administrative law, represented both public arid private sector clients with permitting and enforcement cases as well as administrative and civil litigation. N,4ME OF SUPER VISOR: none REASON FOR LEA VING: Currently in this law practice. PREVIOUS: N,4ME AND ADDRESS OF COMPANY: 10 ~) Salem, Saxon &Nielsen, PA. Suite 3200, Bank of America Plaza ~o~ East Kenned~l Boulevard P.O. Box 3399 Tampa, Florida 336o~ TELEPHONE: (8~3) 224-9ooo EMPLOYED FROM/TO: ~ o/~ 989--o4/~ 990 .lOB 777-LE.'Attorney ..CT,4RTING S~4L4RY: $o. oo ENDING S,4L4RY: $o.oo 11/6/2002 Page 4 of 6 WORK DESCRIPTION: Law practice focused primarily on environmental, land - use, governmental and administrative law, representing both public and private sector clients with permitting and enforcement cases as well as administrative arid civil litigation. NAME OF SUPER VISOR: Richard Salem REAffON FOR LEA VING: To establish my own law firm. PREVIOUS: NAME AND ADDRESS OF COMPANY: Southwest Florida Water Management District (SWFWMD) £379 Broad Street BrooksviIle, FL 346o4-6899 TELEPHONE: (35£) 796-72Iz EMPLOYED FROM/TO: o7/~985--~o/~989 JOB 77TZE: General Counsel STARTING SALARY: $o.oo ENDING SALARY: $o.oo WORK DESCRIPTION: Served as Chief Legal Counsel to this regional water regulatory agency with jurisdiction over ~6 Florida Counties. Worked closely with Governing Board, Executive Director and senior management to develop and implement water resource policy. Responsibilities included rule development, administrative and judicial litigation and appeals, negotiation of consent orders, legislative lobbying, and generally advising the Governing Board and staff. NAME OF SUPER VISOR: REASON FOR LEA VING: To ente~' private practice of law. PREVIOUS: NAME AND ADDRESS OF COMPANY: Law Offices of Daniel P. Fernandez 208 S. Monroe St. Tallahassee, Florida 323o2 TELEPHONE: EMPLOYED FROM/TO: o6/.z 98.z--o7/~ 985 JOB TITLE:Attorney STARTING SALARY: $o.oo ENDING SALARY: $o.oo WORK )ESCRIPTION: Law practice focused primarily on environmental, land USe, g6 ~ernmentaI and administrative law. Reason for leaving: To accept offer as General Counsel at SWFWMD. NAME OF SUPER VISOR: none REASON FOR LEA VING: HA VE YOU BEEN DISCHARGED OR FORCED TO RESIGN FOR MISCONDUCT OR UNSA TISFACTOR Y PERFORMANCE? NO cZ~ ~ 11/6/2002 Page 5 of 6 DO YOU AGREE THAT THE REASON GIVEN FOR YOUR TERMINATION WAS VALID? NO MA Y WE CONTACT YOUR PRESENT EMPL O YER IF YOU ARE UNDER SERIOUS CONSIDERATION? Yes DO YOU WISH TO BE CONTACTED BEFOREHAND? NO PERSONAL REFERENCES (Excluding former Employers and Relatives> NAME AND OCCUPATION II ADDRESS IIDAYTJME PHONE Mr. Don Corm, General 2535 Landmark Drive, Counsel, Tampa Bay Suite £1~ Clearwater, (7£7) 796-a355 Water Florida 33761 Mr. Fred McCormack, Landers & Parsons 3~o West College Attorney Assistant City Avenue P.O. Box ~7~ (85o) 68~-o3I~ Attorney (Counsel for City of St. Petersburg) Tallahassee, Florida 3~3o~ Tampa Sports ~ DBITION] Mr. Henry Saavedra, Authority 42o~ N. (813) 350-6516 INFORMA Executive Director Dale Mabry Highway Tampa, FL 33607 Additional prior employment includes: Staff Director and General Counsel, Florida Senate Natural Resources and Conservation Committee. Assistant General Counsel, Florida Department of Environmental Regulation. Director, Eastern Water Law Center, funded by the U.S. Department of the Interior and Sea Grant. RESEARCHAND PUBLICATIONS Open Space Ordinance for Collier County, Florida (background research and draftingi 975) LegalAspects of Urban Storm Water Manaye~ ,,nt and Related Polluffon Abatement Problems, published in Proceedings, Urban Storm Water Management Seminars, U. S. Environmental Protection Agency WPD 03-76-04 (assisted with research and writing) (January, ~ 976) The Proposed Florida Fresh Water Boundary determination Act of i 976,~, accompanied by the proposed Act.- HB 3202, assisted in preparation Report to the Florida Department of Natural Resources and the Florida Legislature (~976) A Review of the Canal Authority of The State of Florida Prepared Pursuant to the Sundown Act, Florida Senate Committee on Natural Resources and Consebvation (January, ~98~) CO-AUTHORED Merging Two Systems: NPDES and Tennessee Water Quality Control, a Report to the Division of Water Quality Control, Department of Public Health, State of Tennessee (~977) Development of County and Local Ordinances to Protect the ( Public Interest in Florida []s Coastal Beaches, Florida Sea Grant Technical ~z~ - 11/6/2002 Page 6 of 6 -- Paper, Grant No. o4-6-]58-44o55 (July, ] 977) Public Beach Access: A Guaranteed Place to Spread Your Towel, 29 University of Florida Law Review 853 (Fail ]977) Legal AIternaffves For' .~ffective Management of Stormwater Runoff And Related Pollution Problems, Eastern Water Law Center, Final Report to the Southwest Florida Regional Planning Council 0 979) Protecting Coastal Waters: Model Ordinances For Runoff ControI and Sewerage Disposal, Eastern Water Law Center, University of Florida, College of Law (June, ] 979) Florida[Ds State-owned Lands... A Management Study, Florida Senate Natural Resources and Conservation Committee, (December, ]979) Arbitration Award for Proposed Tampa Bay Regional Reservoir, Environmental Protection Commission of Hillsborough County, et al., v. Tampa Bay Water (May ]5, 2oo]) COURSES AND PRESENTATIONS Wetlands and Water Law Conference For Engineers, Surveyors, and Attorneys, sponsored by the Environmental Law Section of the Florida Bar, Orlando, Florida 0977) Guest Lecturer, Environmental Law Class, University of Florida, College of Law, (Spring ]977) Faculty Member, Land Planning and Regulation of Development, American Law Institute and American Bar Association Course, New York (May ]978) Current Environmental Legal Issues Seminar, sponsored by the Florida Bar 0978) Private Property Rights Seminar, sponsored by the Atlantic Legal Foundation, West Palm Beach Florida (April ] 979) Administrative Law Course, - Department Of Public Administration, Florida State University (] 980) Intervention Strategies For Dealing With Aggressive Individuals, Course No. EEX 66]5, with Dr. CIint Van Nagel, University of North Florida 0 98o-] 984) Public Interest Representation: Environmental and Land Use Issues, workshop sponsored by the Florida Bar, Environmental and Land Use Law Section, GainesviIIe, Florida (March, ] 983) Guest Lecturer, Environmental Law Class, Stetson College of Law 0992) Appeared as expert witness with regard to water law, water boundaries, and environmental regulatory jurisdictions in Lyons v. Silver, Case No. 98-88o], ]3th Judicial Circuit, Hillsborough County (2oo]) EXECUTIVE SUMMARY FOR THE COLLIER CDUNTY BOARD OF COUNTY COMMISSIONERS TO CLARIFY THEIR INTENT RELATED TO CHANGE ORDER SEVEN OF THE CONTRACT BETWEEN THE BOARD AND PROJECT INTEGRATION FOR THE FIVE MILLION GALLON PER DAY EXPANSION AT THE NORTH REGIONAL WATER RECLAMATION FACILITY OBJECTIVE: For the Collier County Board of County Commissioners to clarify their intent related to Change Order Seven of the contract between the Board and Project Integration for the five million gallon per day expansion at the North Regional Water Reclamation Facility. CONSIDERATIONS: On August 3, 1999 the Board of County Commissioners entered into a construction agreement for the expansion of the North Regional Water Reclamation Facility with Project Integration, Inc. The agreement was for an amount of $18,350,000. In emergency session on March 30, 2001 the Board approved Change Order Seven for an amount not to exceed $580,000. Although it appears that the change order was related to overtime, the specifics of what was to be paid are confusing and the Clerk needs more information as to what was authorized to be paid. FISCAL IMPACT: Unknown at this time, however Change Order Seven was authorized for an amount not to exceed $580,000. GROWTH MANAGEMENT IMPACT: Not known at this time. RECOMMENDATION: That the Board of County Commissioners clarify their intentions related to Change Order Seven of the contract with Project Integration, Inc. for the North Regional Facility. Ja~aes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Approved By: · ~L,z_. ~, ?'),,b- c,~ Date: Dwig .,~_ .'Brock Clerit~6f the Circuit Court AGENDA ii-EML_~. No. /,.g I ' DEC - 3 7.002 Pg. I EXECUTIVE SUMMARY UPDATE TO THE BOARD OF COUNTY COMMISSIONERS ON THE CAPACITY ISSUES WITH THE NORTH COUNTY WATER RECLAMATION FACILITY · OBJECTIVE: That the Board of County Commissioner, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, hear a report on the activities taken bv the Wastewater Department to alleviate spills of wastewater for the short term and long term. CONSIDERATION: In late January 2001, the North County Water Reclamation Facility (NCWRF) was experiencing hydraulic problems due to high excessive flows. At the same time plant staff noticed a 30% increase in organic loading to the facility. These (2) two factors combined caused a serious biological upset. During February the flows continued to increase as well as the organic loading. From February 14t~, through March 5th, 2001 the treatment plant experienced washout of solids from the plants clarifiers during the peak morning hours. Peak flows were above the plant design. The plant experienced several spills near the plant clarifiers and effluent filters. Standard Operating Procedures were used for containment and clean-up of the spills. The NCWRF is now in compliance with reclaimed water discharge permits. We have not experienced an5' wastewater spills since March 3, 2001. Action that staff proposes to Florida Department of Envirotunental Protection (FDEP) to make sure we are in compliance next peak season is as follows: · Off load peak flows to the South County Water Reclamation Facility (SCWRF) using the City' of Naples Collection System. · Off load peak flows to the SCWRF with a temporary inter-connect between the North and South County Plants. Construct a Flow Equalization Tank at the NCWRF. · Install telemetry in the NCWRF collection area to maximize storage in the :~ i.:2r.l©A ~TEM.h system. · Add additional Aeration Capacity to the NCWRF. · Improve Plant Operating Procedures and Process Control. , · Increase Chemical Feed capabilities. :, -(;.. ! Action that staff proposes to FDEP to alleviate this problem on a long term basis are: · Expedite the 5 MGD (Million Gallons per Day) Expansion construction project. · Increase SOWRF Capacity to 16 MGD by 2003. · Construct an inter-connect between the NCWRF and the SCWRF bv 2004. · Construct an additional 10 MGD capacity at the NCWRF bF' 2005. FISCAL IMPACT: The Wastewater Master Plan will be updated this Fiscal Year to determine Fiscal Impact on this plan. GROWTH MANAGEMENT IMPACT: The Sanitary Sewer elelnent of the Growth Management Plan will need to be reviewed and modified to be consistent with the revised Wastewater Master Plan. RECOMMENDATION: The Staff recommends that the Board of County Cmmnissioners consider the discussion of this report and recommended improvements. The Staff will bring back to the Board of County Commissioners at later date additional information on the NCWRF. SUBMITTED BY:._ .tL.g--~t Ct"2&'w"'/x'4'~T-' Date: ~ · ~ "" ~oseph B. Cheatham. Wastewater Director ~ I. ~: ..~.'._.- .~. .. REVIEWED BY: ~_~-..,.~.~,~;.?'. 5~,~,'~~"Date: .... James Mudd, P.E., Public Utilities Administrator ~;O. DEC - 3 2O02 _ Item #8C2 UPDATE TO THE BOARD OF COUNTY COMMISSIONERS ON THE CAPACITY ISSUES WITH THE NORTH COUNTY WATER RECLAMATION FACILITY- RESOLUTION 2001-96 REGARDING INTERLOCAL AGREEMENT - ADOPTED; HOLD HARMLESS - ADDDh%Ii-.n, ~l-~hAJq:l::MT hDI~I::D WlTIJhlIT DI"ILIAI TV ADDDh%I"'I'~ But anyhow, we're going to the item where Mr. Mudd will give us the report on the north sewer water treatment plant. Thank you. Mr. Mudd? MR. MUDD: For the record, I'm Jim Mudd, public utilities administrator. I'm going to give you an update on the north county sewer service and what's happened in the past; where we are right now as far as short-term planning, long-term actions, long-range plan; then finally talk about what we found out yesterday with our meeting with the Florida Department of Environmental Protection about a proposed consent order. There will be three things that we will ask for the board's approval for motions today. One is the interlocal agreement, one is a hold harmless agreement with a World Tennis Group so we can put the connection with the City of Naples over their bridge or on the side of their bridge, temporarily, for a year, and the last one is to get the board's approval for the chair to sign the consent order when we get it from the Florida Department of Environmental Protection. First of all, let's talk about spills. We had leaky aerator shaft seals, spilled about 50 gallons a day for several weeks. It was contained on-site. The way we remedied that is we basically took the liquid level down into the tanks so that it would stop leaking, and we're going to do some maintenance items as soon as we get over peak flows to make sure that doesn't happen in the future. We had solids washed out, filters backed up and spilled onto the ground, contained on-site on 14 February, 15 February, and 3 March, and the quantities that happened on those days are off to the right of those days on your slide. Overflows. We're unable to produce effluent meeting -- reclaimed water standards. Our turbidity was too high for morea,s. ITEM ~,~. ~.~C - 3 2002 than one day, exceeding available reject water storage capacity. Storage ponds overflowed, releasing partial treated wastewater off-site to the roadside swale, and it basically moves north to a stormwater canal to the north of the site. That happened on February 18th, and that was our biggest spill, at one point' six million gallons, again, on February 27th, the 28th, and March 1, with the quantities that ran over the sides of those ponds. The way the plant works, you go out to the reclaimed ponds that are lined, and then you go to -- then it spills over into the reject ponds. We basically have about a day and a half capacity out in those ponds, the six ponds that we have, and our peaks pushed us out over that. We tried to use everything we could, just couldn't contain all the water. Short-term improvements. The emergency city/county interconnect. You have that interlocal agreement on the dias. I gave it to you this morning. It is one that we were able to work with the city on, where it gives us a 90-day interconnect with a renewal clause on it to -- and that's just a north interconnect to go to their plant. The city was gracious enough to grant us that for 90 days. Hopefully they will let us use that renewal notice for up to a year, and the City Council asked their staff to come back with a longer term agreement and to also look at the possibilities of a north/south, connecting the north and the south end of the city system to the county system to provide a connection via their force mains from our north plant to our south plant. So, in that particular case, they wouldn't be treating our waste. What goes in up north would come out south, and we would pay them a fee for using their force main to let us inter :onnect with our two plants. I need to get a motion from you to sign that interlocal agreement. COMMISSIONER MAC'KIE: So moved. COMMISSIONER HENNING: Second. COMMISSIONER CARTER: Second. CHAIRMAN CARTER: We have a motion by Commissioner Mac'Kie. A pair of seconds, Commissioners Henning and Carter. All in favor signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. COMMISSIONER HENNI;~G: I just want to reco~;nize the appreciation that -~ ha'~e fo~' Co,~m,~ssio~er Carter ;~nd Commissioner i~la :'Ki~ on wor:[in~ with th~ City of Naples to make those happ.en. CHAIRMAN CA~TER~: Tt~ni: thr staf~ for an out.~tanding presentation in front of the' Naples City Council. MR. MUDD: I need another motion at this particular juncture so we can hold the World Tennis Association harmless on the interconnect, and you have that paperwork in front of you. CHAIRMAN CARTER: There's a motion by Commissioner Henning, a second by Commissioner Coletta. All in favor signify by saying aye. Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. MR. MUDD: I talked a little bit about the mutual benefit city/county interconnect with the north and south, and we are working with the city staff to bring that back to the City Council for their consideration for the future. We are also working on an interim north/south interconnect. We're working right now, using our effluent line that we're putting on -- tl',at's basically going on Livingston Road. We're also taking a look at another temporary place so that I can -- there's a concern on IFDEP's part and on our staff's part. When you take the reclaimed interconnect out and use it for sewer, you're not moving reclaimed water back and forth into the irrigation system. It takes time to flush that again. It would really be good if we would have h~d the effluent line separate from the interconnect for sewer. So we're looking for another place that we can do that on a temporary basis to keep them separated to alleviate some of the fears that IFDEP showed ye,=terday at the table. We also are updating our wastewater master manual this summer, and you'll see that in the consent order and the last slide as Mike McNees talks about the consent order. Short-term operations. We need to adjust our plant op~_r, at~i~n..~ We need to equalize the flows using a new aeration basis.~ We~.,~ l'r~,~ ~'-; - 3 200 need to improve our clarifier performance, and we found that we needed to put four times the amount of alum to settle the sludge out this time because of the increased organic loads that we got into the plant. . make sure we have those chemical feed So we are going to . ..___..__ ,k~..~ and we're ready systems on-site ~o that next year zney [= to go, as far as our protocols are concerned. We need to increase our oxygen transfers. We had high · oads BOD levels were down, dissolved oxyg.e.n levels organic I ~ou really want to have that stuff up so ,t keeps the were down. , bugs he~,a_lthy and so they II eat a lot faster. That s basically it. If you give them more oxygen and you feed them more, they can eat more. So we gotta make sure we work the oxygen issue. And the other thing is telemetry. This year we tweaked back Ives. We used Kentucky windage. We used people on our va ............. *~--, ,~ere seeina it, it was okay. We walkie-talkies ma. King.=u;.~ ~,,_~_.~_;-_'_ ~ ,ka~,ou,ve aot an idea ot really need to automa~..e tna.z-~'Y-~-:~'t~~ d~ing, an~i we plan to ere it sits and how tne wno~e ¥ wh .... , .......*k=t we can shave off our peak-hour put that in to ma~= =--= -.,- flow. ' ' tional. We need to revise our standard Sh.o. rt-term Inst_i__tu --~=a *o do better. When we're on the, ooerating procedures. We ,,~.~.-. - _ - --~ ...... --'* =fiord to - _ _ , __.._ k.. ~.t.eirDesz. anuyuu~--,,- .~a.~ evervDoav s got tu u,= -- -.. ' ..... ~ ....'---n ~"=- '- ° - - -- ---- -- =.,e-,t~oav else IS. ou w,,= ' In a5 '.u~,. ,:-, ~,, · ] have one that s not mov g We got to revise how we do reall need it, we got to have it. you Y ........... ~e ordinance to allow the usiness. We got to revise our s=w=, -= b - - --"-- '- -~-' a different rate for excess strength ability to get TO,~ ~u charges. You can't let your 9rease pits overflow and go down the drain. You can't do that kind of business and get away with t an more. i Y , -- --~ ........ - .-,e had our organic load so high. That s part oT zne [=,~=~,, -- . ye ot to enforce our oil and grease limits and Joe Cheatham, We g ..... - - -,-- ,o-ether where we will go he director ot wastewater, put u V,¢.,, - ~ ~.., --a ;n~nect those restaurants, and we will teach, th~_m to u,, -..- .....~ . __. .... ~- ,ke- not their grease trap5 make sure DeTore next =~:,n=~,,, -,, ~ ;~ ...... _, cleaned out, they have a mechanism to get tnaz, ant] understand ._w..hat impact they have on the system. . to modify our north permit to dispose reject ._------ Then we ve got -. .... -, ......,, -nd water through our north water plant ejec;,t~fl w=,,, -.. ~. u Eg 3 yesterday agreed that they would look at that option and that would give us a way to d.;spose of reject water instead of putting them out in ~ur ~ond.~, or he*p us alleviate that s ,~. that overf.'o-v in She tutu~-e, o we don, have Long-term planning. We need to have a biosolids mast We. need to acquire ;', sit~_ fo~ the new reoinn~, ,..~,... er plan. reclamation facilit- i* ,-,-~ ;--,---, -- ~'~ .... ~. ....... - - --= ,,,-==u are goinn to tak ...... -- , = = -vcr urange ~ree ~n zU11~ and ~? we re going to do that~ we have to do it legally. You have to have a legislative chan e out t expand the county's water/sewer district, g here to More treatment capacity. On this slide I basicall Iai ~e~x~p.and_.the north plant's liquid stream earl.." .... ~.Y .. d ou.t to ~u~l. lrle contractor, you'll see in the con~'el~t':r~,~s°~elin~tDl~r bit more stringent on when it needs to be completely wrung o~t as far as the plant is concerned. Worked out all the bugs. We II talk about that a little bit. Expand the south plant to 16 million gallons a da . Th ' additional einht 2003. ~-~ '~--, .... Y at s an = , ~,u znaz s a DUIICI-OUt for them. Expand -- the next expansion for the north plant to 23 and a half ' ' gallons a day. That's another 10 by 2004. mflhon Expand the no~h regional plant to 28. I put 2009 with a question mark. We II see how that master planning works out with the consultant this summer before we agree to that particular case, and then the new third regional facility, again, if we're going to take Orange Tree out in 2011, it needs to be on-line by that time. Long-term capital improvements. We need to get a north regional flow equalization tank on, and the IFDEP was re adamant about that yesterdav on the n~-~ -.--- p try We need to talk about ejec'tion well~s' ~'~n~ln~e in the of the north -lant so ........... vicinity · - , --= u=n ~ez away trom the pond issues we have, a north/south interconm ct permanent along Santa Barb, ara, 2004, and a new sludge stabilization facility. One that doesnt stink, in 2004. We need to think about it because sludge is an issue in our landfill, and we need to think about, how to .dispose of it in the right way and to get people to use ~t. Fertil,ze their fields, lime stabilize. That kind of business. Long-term upgrade. We have got to add telemet out t We got to nuit doin- t~- ~---- ..... ry here. . '~ u ,,= ,~t=nzucKy w,n~age stuff. It will. into trouble, and if you make a mistake, you got a big p get you No. DEC - 3 200~ pg._ and it's ugly. Then we've got to reduce our infiltration in inflow, and we're doing that by lining our old sewer pipes to make sure that you don't get rainwater coming in that doesn't need to come in from the groundwork. · MR. OLLIFF: Mr. Mudd, I need to interpret -- CHAIRMAN CARTER: Kentucky windage? COMMISSIONER MAC'KIE: I'm scared to ask. MR. OLLIFF: Mr. Coletta, why don't you -- COMMISSIONER COLETTA: I'd be more than happy to. It's a term you use when you're shooting over a large area to allow for the wind and the drift of the bullet. Someday I'll take you out and give you a first-hand experience. MR. OLLIFF: So what he's saying is, instead of having an electronic system to be able to tell when we're holding wastewater back in the lines, underground, in order to provide some capacity at the plant -- COMMISSIONER MAC'KIE: Is it sort of poke and guess? MR. OLLIFF: We're using our nose. That's what he's telling you. We're basically manually managing that system, and we do not have a good electronic system to be able to tell us what we're holding back and how far we're holding it back. And so we've been doing it on a manual basis, and that's not a good way to manage it. I'm sorry. Go right ahead. CHAIRMAN CARTER: That's all right. We've got a couple old Kentucky windage folks up here. MR. MUDD: Take a look at this slide. This is the north plant, the long-range plan. You'll see the solid one that kind of jumps up in a step manner. That's basically t~te expansions coming on line. If you take a look at the starred line that's the lowest one, that's basically the average annual daily flow. If you look at the line -- COMMISSIONER MAC'KIE: Who cares. We don't care. You can leave that off. MR. MUDD: That's right. Because that's where says we are doing just fine. The next line is more predictive of peaks, which - is 1.3 times the average annual daily flow. That's the circled area. AGENDA-ITEIV~'~_ No. /.~- 1-~ DEC - 3 ~.00~ Then, when you look at the lines with the diamonds and the plus sign, the diamonds are basically we've taken out the permitted c~-pabli~ity. W/: averag~;d the I~'~st three year~, '98, '99, and 2~)00, u~ on the ~or~t side, a.~d then we said, okay, we'~e going to get 2.1 million gallons permitted per PUD, and what's build-out, is it fiv~ years or is it 10 years? If it's five years, it's the plus sign line, which is the high end. If it's 10 years, it's the diamond-shaped line in that process. Now I will tell you, and Mike McNees brought out a good point with IFDEP yesterday, we might have a skewed number in there because in 1999 the impact fees for roads were increased, and everybody rushed to get their PUD in for permitting, and it was a huge spike. So I might have an outlier in my numbers when I do that average. But what I will tell you is, those high lines are worst case. The worst possible case. I will show you in the next couple of slides as I go out, when you take a look at the south plant, same legend with the lines. You start taking a look at five-year and ten-year. What I would draw your attention to is the line with the round circles on it that is just to the left before you get a plant increase of eight on at the south side. We're rerating our plant right now on the south end to get it from eight to nine, at the peak month go to 10. And that basically takes care of that, and there's a protocol change to the plant. The plant was originally built for 10, but was only permitted for eight. We are going through that rerate right now. That's something we saw early on and had that working already. And Tom Palmer from Hole Montes and Joe Cheatham will be up there with IFDEP talking about that particular issue here before week's end. COMMISSIONER HENNING= Tom Taylor? MR. MUDD: I'm sorry. That's right. Thank you, sir. Long-range plan combined. What happens when you group all the plan for the plants, north and south? And you can kind of see when it's coming on, but when you finally see that last part over there where it basically plateaus out, that's 56 million gallons a day. According to our planning folks, in a study that was done in 1994, that's build-out for Collier County. That build-out d ~te Was ~ No. /_~ DEC - :3 2[ Pg.__ /~ supposed to happen at 2030. So I will tell you my high numbers with the plus and with the diamonds, right there, on that average out having a number that's probably too high because of the '99 peak in permits. I would tell you that it's happening 15 years too early in this slide, as far as build-out is concerned. I think we've got a spiked number, and I'm a little too high. COMMISSIONER MAC'KIE: Now, I don't understand that. I want to get that point. Give me that one again. MR. MUDD: In 1999 -- for instance, in '98 at the north plant, we permitted two million gallons a day, future expansion. In 1999, we permitted 3.2 million gallons. In 2000, we permitted one. I guess what I'm saying, there was a rush to the register in '99 because of the increase in impact fee for the roads. When you take a look at it down in the south side, the south plant, in '98 they had .5 million gallons promised. In '99 it went one. In 2000 it went to .5 again. So I have a bump in the '99 numbers. COMMISSIONER MAC'KIE: So that 3.2 million gallons a day that happened in '99 at the north plant, we think is, at least, partially caused by that rush for permits that resulted from the other decision? MR. MUDD: Yes, ma'am. CHAIRMAN CARTER: If I'm right, we corrected one problem that we caught up in impact fees and we did that and we will review it in a two-year cycle. We'll never get into that position again. That corrected one part of the problem, but when we did that, Mr. Mudd is exactly right, everybody rushed in there to get in under the wire. MR. OLLIFF: The other thing he's telling you in simple terms from a planning perspective, a lot of people probabl:/p~ iled permits trying to beat that impact fee increase. Some ~f which may or may not every actually get to the point where they develop them quickly or that actual lump of permits that's sitting out there's probably going to develop over a longer period of time. So he's sort of reinforcing that number by telling you that based on development growth rates that we've had historically, our long-range planning staff will tell you that line is probab~ too high, it's too fast because their projects tell you it should be~a~,~ No. /.~ DEC - 3 2002 Pg.__// 15-year further line, in terms of the build-out, where we need 56 gallons. So r, herr~'s som,~ skewin~j going on here, but ~ze are t~lling you wa are'showing you real numbers at least. And we're showing you that we are planning based on peaks. And we are showing ycu that w~ ar~ plunning b;~sed on actual connections and r~al live numbers. And hopefully -- I don't know that I've ever seen this kind of information presented to the board where you can actually see where are planned expansions coming on and line and banging that up against what our projected growth rates are so that the board gets a pretty good feel for what it is we're doing for facility planning. COMMISSIONER MAC'KIE: And you know what the bad news is about showing this to us is now we're going to want to see it on water, we're going to want to see it on roads. We're going to want to see it on everything. MR. OLLIFF: Absolutely. COMMISSIONER MAC'KIE: And that's exactly what -- COMMISSIONER COLETTA: I think it's called accountability. COMMISSIONER MAC'KIE: Absolutely, accountability. CHAIRMAN CARTER: We are going to get there because we know what we need to do and, thankfully, we've got staff now that are really laying it on the line to us and that's what we need. Shame on us if we don't follow through. MR. MCNEES: Good afternoon. Mike McNees from the county manager's office. I think we all probably read in the newspaper this morning that the only thing standing between us and a resumption of connections to the north sewer were two items. One of those items was the physical completion of the interconnect with the City of Naples. The second on those items was only a consent order that needs to be signed off on both you and the DEP. And when they say the devil~ and the details, well, here we're going to go into the details of the consent order because it's not as simple as it sounds. And what rd like to do today is walk you through what we believe to be the major components of the consent order as it's going to be given to us by the DEP. Get you to approve and authorize the chairman to execute that consent order w hen ~r-~, No.___/~__ DEC --3 pg._ /,m,, comes through as long as there are no material changes to the things that I've talked to you about today. If we happen to negotiate something that's materially different from what we talk about today, we will have to come back to you. But-it's our intent to get as much approval as we can today so that we can move this process forward as quickly as possible. And I'll explain each of these items to you and what the conditions are as we go. The consent order is a document that is an agreement between the county and the DEP as to certain actions that are going to take place as a result of what they have cited us for which would be violations of their regulations. The first thing that they are asking us to commit to is to the completion and full operation of the north county water reclamation facility expansion by December 1st of 2001. Staff is preliminarily agreed to that date. I will tell you here though that it will require some further commitment by the contractor. If we don't feel like we have that commitment and we can be comfortable with that date, we will be negotiating and coming back to you again. But it is our intention, at this point, to work towards that date and making that happen. The second item is that we will agree for the completion of either a permanent or a temporary interconnect between the north and the south wastewater facilities by December 1st of 2001. We believe we can do that with an effluent interconnect that's being constructed as we speak, and that that one won't be a problem for us. We will just borrow that line until we don't need it anymore. Third item would be the actual completion of the city/county interconnect which we expect will be done in two weeks. You have already approved the interlocal agreement and the mechanical pieces of that are already in place. One of the issues will be that we will need to get from the DEP -- this is not an item of the consent order, but the consent order is contingent upon this. Which is a rerate of the south wastewater plant from eight million to ten million gallons. You will recall that probably seven years ago -- six to seven years ago -- you did some major expenditures at that plant for odor control purposes. To change that treatment process and do to some safety concerns of the neighborhood, we at that ~time~-~;~.~,,~-;~- N0. /~. DEC - 3 2002 p~ / B could have asked for a rerate of that plant based on those changes so that it could legally treat more than it is today. We"re goin~ to go back, and have already preliminary., met -- our en3ineers have had preliminary mee=ings with hEP on ~etting that rerat~, which would give us two million gallons a day in excess ca;acity.. If We'r~ go;rig to interconnect, and we're going to ta~e a million from the north to the south, it's very important to the DEP that they believe that will work. And if they pass this rerate -- COMMISSIONER MAC'KIE: That means we prove to the DEP that the capacity is as great as we believe it is? MR. MCNEES: Yes. COMMISSIONER MAC'KIE: That's what rerate means? MR. MCNEES: Yes. That means it changes the permit, changes that from an eight million gallon permitted capacity to a ten million permitted capacity. We think that that will happen, and our engineers have assured us that from their preliminary meetings, they don't think that's a problem. That's just one of the little contingencies here, one of the details that we have to hammer out within the next two weeks. The other thing we're committing to is the construction of equalization facilities as Jim talked about at the north plant by November 1st, 2002. They want a surge facility there, so that if we have peaks, we can store them and then do that treatment in the off-hours. That's something that staff's willing to commit to. Another thing that's very important that answers the question that I think everybody who's been involved with this issue at every step has asked, which is, once we have solved the immediate problem, how are we going to make sure we don't ever get into this position again? DEP is going to ask us -- going to require us -- and we're going to agree, to submit to them a completely updated wastewater master plan by October 1st of this year. It wil' include all of the information that Jim's just talked to you about a few minutes ago, but in much greater detail and with much greater analysis of the growth issues and the plan expansion needs and definition of those for the future, and that's something we want to do anyway. So it's just as well we give that, and frankly, we want to work j ..... ~-~-~ b ~ IT No., with the DEP and make sure they're agreeing. They're a good critical third party to look at our assumptions and where we're going and make sure they buy into what we're doing. Related to that master plan, they are asking us in the consent order to make formal commitment to the next expansions of the north and south plants, as Jim described just a few minutes ago. The first piece of that would be that we commit to having a permit application to the next t0 million gallon expansion at the north plant in the hands of DEP by January 1st, '02. Following that would be the actual construction of that by '03 and -- actually the construction of the south plant expansion that we talked about by '03. Completion of the next 10 million at the north plant by '04. Those will be formal commitments as part of the consent order. Those are the primarily the major pieces of the consent order. The only thing we still have remaining to talk about are penalties because the penalties will also be part of the consent order, both the penalties for the incidents that have already taken place, and the penalties that would be put into place if we fail to meet the terms of the consent order. With respect to penalties that are assessed based on incidents that have already taken place. The DEP put a number on the table yesterday based on a matrix that they use with the number of incidents, and they have something they call "economic benefit." It's kind of a complicated analysis. We didn't get to see that backup information yesterday. I know their number, though. Their number was $130,000. They give us an option of doing what are called "in-kind services," where if we can spend that money to the benefit of some other issue or, in fact, to the benefit or part of the wastewater system in the county that they agree would be a county benefit, we can spend that money, as opposed to just fine. We can spend that money to benefit Collier County in some way. Now, to do that, you essentially pay 50 percent more. It would be our opinion that that's worthwhile because we get the benefit of it instead of just paying a fine. So, given that their number was $130,000, which we will negotiate with them some, and given the 50 percent more than that recommending an in-kind payment, we would recommend that you give us the authorization -- or the chairman the authorization to sign e~.. ~D~ ITr-.~i No. 12 r~ DEC ~ 3'?00~ p~,._ /s"' ... consent order giving the authorization of fines not to exceed $200,000. COMMISSION2R MAC'KIE: Yes, but that -- can any of this ~:xp;~nsi,~n be. counted t~ward that? * I~:R. ivICNEES:. No, ma'am. It can't benefit just us. coMMISSIONER MAC'KIE: Say that again. It can't benefit just - MR. MCNEES: Just our system. COMMISSIONER MAC'KIE: It has to benefit what? MR. MCNEES: Some of the types of things they're throwing out, there are some package facilities in the county that they're having problems with and they think if we can spend some of our money either to bring those folks on to our system or to make some improvements. There are some areas where there are bad collection systems that we wouldn't typically as the provider pay to repair those systems. They would be the homeowners' responsibility in some lower economic areas. Those would be places we could spend some of this money. Where the residents would benefit, the environment would benefit. And so that's what we have to negotiate with them. They have some ideas, and I'm sure we have some ideas. So, what we're asking for is your approval, not to exceed -- and we're obviously going to negotiate for the lowest penalty we can, but we don't want to have to come back if we don't go any lower. So we think $200,000 will cover it. The other penalty phases are, if we fail to meet the December 1st, 2001 commitment to have the north plant expansion operating or to have the north/south interconnect in place, two things happen. One is $10,000 per day fine the DEP would begin to asses. Two would be the immediate cessation of the issuance of Certificates of Completion until that plant is operational. That means connections to the plant would be halted, at least those that require DEP approval. COMMISSIONER MAC'KIE: Mike, this is the only point -- well, actually there are others, but this one gives me the most heartburn, particularly about whether or not to just sign off, you know, to give the chairman authorization to sign an agreement without a special meeting or something because until we know what the odds are of Item 1, completion by 12/01/01, th~;n goUy,~' DEC ~ 3 2.0 Pg._ /~, $10,000 a day.. ...... :- no ..ermits, and that's a horrible Ri htnowwnatwenav~'= ~ ' ' I'm g e're sa lng, if we agree to th,s, ,f thing, but w..hat w "--~s uou're promising that by Decem. her... you get no perm; , that correctly? MR. M__C_N_E.E_S.~.Y~e,s,~t~,~..' Then somebody has to tel. I u_s, .g~o,t. COMMIS~Iur~=.~___,~....:,~ ,ke contractor to complete ,t by to show US, a conl;[a~ w.~.. ~,. . : And we agree with you on that one, and until we MR. MUDD .... ,. __4 =how us- as we crash this _ c or to come Da;~ ¢.,u =,, , _ . , get the .c..on. tra t..____ ,h,, we can bring this on board, we. r.e thing with ,ncen.~w=.=., - ..... __ -- *~;= ~,.-sent order until going to put anyoooy's signature u,, .,,.o , certain that that can happen.. we re darn -- , · ' his tell the contractor COMMISSIONER MAC KIE. D_o__esn t t , ay to accelerate · that if he can charge us $10,000 - d o right now ....... ~-ow I'm not sure we're in a good . the contract? I.m. ean., _y_uu .~,, , his toda before you've cut negotiating pos,tlon If we sign off on t Y your deal with the co,n_tractor. MR. OLLIFF: That s what Jim was just telling you. We don't intend to execute this consent order until we know what the schedule is -- MISSIONER MAC'KIE: But if we vote today to give Jim COM ..... ._. .... :,~;. ,hese narameters, then your the authority to sign zn~s w,~,,,,, -.. contractor knows what we're willing to pay to get that contract accelerated to 12/1. CHAIRMAN CARTER: Well, I'm not signing anything until I'm sured we can do that, and I want to know -- as rrt~,MISSIONER MAC'KIE: At what c_ost? _ -, _.__ ._ """' - ..... --. ,-,-,, I ~nt to Know what s go:n9 ~u t'HAIRMAN C;AK~.=r(. ~=,,, _- --- . The contractor hai~ ten here. Everybody wants to know. that -'--r clauses in There may De some also -- he's already behind. , _ there that he may be under penalty, I. don t know. But if he doesn't perform, we've got another b,g hammer, I would think. The contract has a clause in there for MR. MUDD: Yes. . · d dama es if he doesnt stay on schedule. liqmdate g , · ' 10 000 a day? COMMISSIONER MAC KIE. Is it__$ ,: ~ -' ~e's MR. MUDD: N.o, it's about $2,500 a c~ay, o.u~ ,, three ~onths behind, so there s some negotiating room w,th him, in or I-e-~-~'o~i.-~.~ No. _J,~__--~ talk this process out. . COMMISSIONER MAC~KIE: I guess my question b. ottom line is, w~en are y(,u guys -- you re goin~ up tomorrow, you re going to try to negotiate this deai with DEP tornorrov~. You know wha if we had a special meetin, on Frid~.. *-- ~---'- .L. _ . ' · e --$ Lv ,,¢==~n ;hiS OUt wh ~re a~l the puzzle pieces fall .-.--~.~ ......... an~. see I'm -- t--.u;-,,~ ur ~-me. tnlng. I m~.an, MR. MCNEES: The main piece of the puzzle is what can we get as an agreement with the contractor. That is the big piece hanging out there, I guess. To be perfectly frank, I'll tell you that our negotiating position can't be much worse. W ' ' · e re ,n this position where we have pressures to ' th,rig done. I don't know that it gives him an more ' get th,s to know that if' ' -- - y reformation · ,t s not done by December ls - be, ,f we a reed ' _ . t, that our f, ne would ..g . to th,s, $10,000 a day. I don't know necessar.y puts us in any weaker position. -- .........hat If we don't think we can get there by December 1st we're going to recommend this thin. be _~i,,n,~,~ , not COMMISSIONER MAC'KIE. -, ~---~,'-=-;-'~'-'- -- . · ,u--ers~an, that ' uesti ' ' - p,ece. M q on ,s, I m trvm- to be t~ .... - ..... - Y -- = ,,= ~,-~rac~or ~or a secon, decide how much I'm -oin- '- -'- ..... and = u ,,~, ~-urge you -- yeah. I can there by 12/01, but it's going to cost o ._ ~ g. et. yo.u know, vou kr, ow -- +~-~ ..... .=__ ~ Y u.$3_0,000 a uay. , .on't ...~._...-___-~ _ -, _ -,,= ~-=~;on nere is at what nrice ~.,,d~ ;un,, and I ~1 rather see that before *-~,,;--'"~=-- s,gn this. That's such a missing piece· L=,,,,,u .,,m, go o;; and CHAIRMAN CARTER: Right now I calculate he's in the hole $225,000. I think that d.o, es give us a bit of a chip to work w,?h. COMMISSIONER MAC KIE: Now, what does tha .- ' - the hole 225," what does that mean? t us,ng MR. MUD.'): Means he's 225 in the hole because he's late already on ! ~s schedule, and he's got about $2,500 a ,day in liquidated d.amages. So my calculation and the chair s calculation ,s .he already owes us about $200,000. I think th ' som~ negotiat,ng that can go on here· ere s COMMISSI.ONER MAC'KIE: Well, that's good. MR. MUDD. You have to give us a chance to get out ther talk to them, and there's some thin-s *~--~','=,,- ....... .e. and Association of General Contr ,,~.==...-..~.=_..--_-.:,..,*_c.a.n u..o trom_the r ' ' - ac .... P=-o~,=ur,ve ;nats ' o gan,zat~on, ~n order to hel . ___ , a nat,onal ..._ ...... p. us and bring some powers to bear. -ney can WOrK the,r membership, and they can work those AGENDA IT~ No. DEC -- associations to help us get some attention as far as that gentleman is concerned. Now, we had a conversation with them this morning. He is coming back, and I've got a call in to their CEO this afternoon. COMMISSIONER MAC'KIE: Then, I guess the only point is, can we sign off on this enough today to give you guys enough discretion, or do we need to talk about it one more time? MR. MCNEES: Tom just had a good suggestion. If it's the $10,O00-a-day penalty, if you think that gives the contractor too much information or gives him too much leverage, you could authorize us to approve the consent order absent that penalty, and if we can't talk the DEP out of assessing that penalty, we have to call a special meeting for Friday, and we'll get you to approve that then. COMMISSIONER MAC'KIE: Maybe that's -- MR. MCNEES: In the meantime, we will have had that opportunity to negotiate with the contractor without the penalty. Now, that doesn't get us all the way down the road because I don't know that DEP is going to be interested in removing that clause. They seemed somewhat adamant about that, but at least it keeps us moving. COMMISSIONER COLETTA: I, for one, feel comfortable with the way we've got the direction going. We've got an emergency situation that requires extraordinary measures, and we have to hold with some sort of schedule, and I have confidence in staff and in Jim to stop short if the reason comes. We can set a certain parameter and not go past it, but let's keep the ball rolling on this. We don't need any more delays because every day we delay on it is one day less before we get it completed. CHAIRMAN CART,.~R: I will also be in Tallahassee tonight and all through tomorrow, and if there's anything I can do while I'm '~here to explain our position to the Secretary or anyone else, I will be available, naturally, to do that. COMMISSIONER FIALA: What an ace in the hole that is. Question, though. With permitting, if we're going to be needing permitting as we go through the steps of this building, and if the permitting is anything like the problems we've had to face, like permitting that flare over at the landfill, and they hold us up even though it's not our fault, what recourse do we have there ? AGEND,~'~¥~-~-'" DEC -- 3 2002 pg._ /"~ MR. MCNEES: The best answer I can give is an example. The permit ;equire~J from the DE? to mal:e the i~terconnection between our system and the city syste~ we already hav~ in hand. That was o. nly approved by City Council last Wednesday. · ~o the DEP ;s committed to working with us to the I;mit of their resources and their legal authority to make this happen. They want to see us succeed. They want us to be able to successfully treat the sewage that's being generated, is the bottom line. And it is in their interest, as well, to help us, and they will work very hard. I'm not concerned that they would hold us up from some permit. In fact, for these specific items, our temporary interconnect and the north/south expansion, the only permission we need from them is to use that effluent line temporarily as an interconnect, and they've already verbally agreed to that. They think that's a good idea. So I don't think permitting will get in the way, in terms of kicking us in to some fine mode. Maybe the thing for us to do would be, if you'll give us this authorization contingent upon our ability to negotiate something solid with the contractor, and if we find by Friday we're unable to do that, or by late Thursday, we can call you into special mee~.ing and take whatever action we have to at that point. What we're trying to do is keep this thing moving as much as possible, so that we can resolve a lot of the uncertainty that's out there in the building community about when it is they're going to be allowed to connect. Our target is to have this resolved in two weeks, and the DEP has agreed that they think that's manageable. We just have to cross off that one box ~bout the contractor, and you have our commitment to do everything we can do. MR. OLLIFF: And just so you know how serious the DEP is about helping us, the DEP district director from Fort Myers offered not only to assist if we need help with the contractor in order to crash that schedule, but also offered help up the line from the DEP organization if that was necessary in order to be able to put some additional leverage to get us there to this 12/01 date. CHAIRMAN CARTER: We have got some big hammers in_t_h_e._. toolbox, ladies and gentlemen, and we will not be reluct ~nt iriE~.~D,'~ No. /$ DEC - Pg. ,,~ using them. MR. MCNEES: There's one more piece of detail, one more item of the consenter, it's fairly minor, but I need to put it on the record. Other violatio,s of the consent order, other than the two December 1st dates, such as if we're a day late turning in the master plan and all the other things that are in the consent order, they're saying fines of $100 a day. That will be a formal part of the consent order so we need to be authorized execution of that. That's the terms, again, we're looking at a target of two weeks to be able to have all the issues resolved and have the DEP sign off and execute the consent order. At which point they're saying they will once again issue Certificates of Completion or give their permission to connect with that wastewater plant. COMMISSIONER HENNING: Talking about the master plan, how long ago was it that we did our master plan for wastewater? MR. MUDD: Wastewater master plan was done in '97. COMMISSIONER HENNING: All right. Now, before we worked out this latest master plan, how did we measure capacity? MR. MUDD: We did that on peak flows but not on service population. And that was the mistake. That was changed some time in that time frame, they did it for water and they did it for sewer, best I could tell, and when we do it this time, we're going to do it on service population. Service population high season. COMMISSIONER HENNING: Okay. Well, you kind of lost me there, I'm not sure -- MR. MUDD: No. What they basical y did is they did, okay, what's the average population serviced over a year in Collier County. So that big spike that you get for three or four months during the high season, tourist season, basically was smoothed out by your lower averages in the summertime when everybody got there. So that's your service population. Your service population wasn't at the high-end and that's what got us in this trouble is the high-end population. COMMISSIONER HENNING: So we were measuring peP_k_~an_d. then we went to average- And who is "they?" You mention No. /~_~_L DEC - 3 2002 pg.__ "they." CHAIRMAN CARTER: Former public works directors. COMM:~SSIONER HE~*JNING: Did we have a consultant on-line a~ that time? MR.'MUDD: Ye.s, we did, it was CDM. COMMISSIONER MAC'KIE: And I've already asked for-- I think I see where you're going. Having been on the board at that time, I've asked Tom to get me the complete transcript of that meeting because I'd like to see exactly what I was told the day that we made that change. COMMISSIONER HENNING: Then I will leave it up to you. COMMISSIONER MAC'KIE: Well, you will be hearing about it. COMMISSIONER COLETTA: If I may add something to this. This is something I've been saying for some time and I don't mean this as a shortcoming for Mr. Mudd. Not at all, I think his departments doing as excellent job. I believe we should have an outside firm that can do an audit on the physical resources we have in this county, and do it once a year. We have an audit done on a continuous basis on the money we spend. Now, I'm sure that we're correct, but we also found out that the landfill was seriously short. We found that we were short on roads. The landfill, I understand now that the problem with the rationale behind the airspace was because they combined Immokalee with the one here in Naples. Combined the two of them together to come up with an answer. Now, that was a fact that just came out recently to me. I don't know if you knew about it before. The problem is that we're not getting continuous answers. Even though right now we might be in the line, we might be in the good. Who's the guarantee that down the road we're going to let back into the same problems that we have today. If we have an outside firm to come in and do an audit, then we can have some predictability to this. How long is the resource going to last. COMMISSIONER MAC'KIE: I like the sound of it and I am willing to consider it. But I just want to point out to as a person who feels sort of hoodwinked by the '96-'97 decision, I got that advice from an outside expert. Today, ! got the truth from county staff. So I am not too-~i~-D~,,, No. / ~ DEC pg. persuaded by the -- now, maybe it's a good insurance policy because now maybe I can go sue those people for giving me bad advice. But absent -- but for the fact that maybe there's somebody to sue, I'm liking what I'm getting from staff better than what I got in '96 from an outside source. COMMISSIONER COLETTA: Oh, and I assure you I do to. CHAIRMAN CARTER: Mr. Olliff, why don't you make a suggestion to us, maybe it isn't today, but there is a question. And I understand both sides and maybe you would like to come back to us with a definitive answer on that. MR. OLLIFF: I think the level of information that the board wants, we're going to start providing on a regular basis as part of your -- what used to be an annual update and inventory report for the board, I think was just a confusing, difficult item to get your arms around. It's our job, I think, to try and turn that into something that's very simple for you to understand. And it's my goal to give you that information in a format that makes you believe you don't need an outside audit. I want you to be able to see these numbers in a simple enough term that you understand them easily and you know we're on top of the capital project planning. And whether it's me sitting in this chair or somebody else in the future, you'll know the kind of information you need to be able to make the decisions you need to make. CHAIRMAN CARTER: And members of the board, to reinforce that, I spoke recently with Mr. Olliff to establish what he's referring to as a briefing book. So you will get briefed through this manual on the key things in front of us, including these, so you will have it on a very -- what I call a "deliverable" on a regular basis so you will know what's going on. And you will have an opportunity to be updated. So that's what To' n's working on. COMMISSIONER MAC'KIE: What I was going to say, I am not willing to walk away from that idea. Not yet. And if Tom can produce what he says, then I'm willing to consider it. But no offense intended to individuals, but we have a big responsibility and the buck stops here. And if you can do what you say, Tom, then that will be one thing. But if it stays confusing and hard to follow and we ca.n't keep our arms around what project -- because I mean we DEC - S 2002 approved this dang expansion three years ago. And meanwhile people are out shopping interest rates. I guess we should have known that. I'm not exactly sure how we should have known it as a board. CHAIRMAN CARTER: Well, I think these are all great suggestions, but please keep.in mind what we have now that we didn't have then is we have a~ excellent pen'ormance measurement system that we hold the county manager accountable for. And we -- that's the biggest tool that ! know to make sure that he delivers on what we ask him to do. And so that helps. And I don't discount any of this because it's all good food for thought and hopefully all of these things -- Commissioner Coletta, the briefing book, the performance measurement system begin to ensure all of us that we are getting what we ask for. MR. MCNEES: Mr. Chairman, if I can tie perhaps your concerns to this specific issue and give you some level of comfort where we are with wastewater, that third party independent expert analysis of what precisely are our plant capacities, what have our flows been, what are the permitted connections and what can we estimate will be connected in the second year, third year, fourth year, fifth year. That is precisely what this master plan update is about. What makes me even more comfortable that it will be accurate is once we have created it and once you've seen it, we're putting it in the hands of the DEP and it will be their job -- and I'm sure it will be their intention to go through that with a fine-tooth comb to make sure that in the real world, and when I say the real world, I'm talking about waste stream into our facilities, we're going to be able to handle whatever comes our way. That is their commitment. So in this particular issue -- COMMISSIONER MAC'KIE: That's right. That's one piece, but what we have learned from th.;s is that we need the same information -- I want that graph that you showed us with the stars and the dots on it. I want that for every infrastructure, and that's what our AUIR ought to look like, frankly, Tom. Not this book we get. MR. MCNEES: The other thing, I don't know if this gives_you any level of comfort or not --I hate to almost say th,s, b~t DEC, ~ 3 ~01 pg._ comes to wastewater, it's just not that dang complicated. - It's nuts and bolts. It's number of flushes per household. It's all mathematical. It's all additions and divisions, and it's just not that complicated. COMMISSIONER MAC'KIE: Well, Mike, where were you in '967 MR. MCNEES: And we did an awfully good job in this county for 15 years of k~eping up. We need to get back to those nuts and bolts systems that we've had in the past. And that's our commitment to you. COMMISSIONER MAC'KIE: You know, I can't help it, but I was the only one sitting up here in '96 or '97. Where was somebody with common sense then? And I will be back after I look at that transcript because I don't understand how -- it is a simple thing. How could we have been so misled. MR. MUDD: The other thing I'd add to the thing is, there's a date on here, the latest date of 2005. We're going to be under this consent order until 2005. That means that they are under the long form for IFDEP until 2005. So I will tell you, they've got our thumbs squarely on our heads to make sure that we do exactly what we signed up for and to make sure it's all there. - And we've dotted every i and crossed every t. CHAIRMAN CARTER: Well, we have public speakers, Mr. Olliff. MR. OLLIFF: We do. You have two public speakers. David Ellis, followed by Kathy Curatolo. MR. ELLIS: Good afternoon, Commissioners. I'll be brief. Just really a couple of things in the last two weeks. I really wanted to come back after our last meeting and first of all, say thank you for the proactive nature in which you've approached this challenge. It's been exciting to see the government come together and work with the private sector to work on this problem. And I know many of you have personally been involved with actual things that have happened. Commissioner Mac'kie, I know you spoke before the city and actually plowed a lot of ground before Commissioner Carter came back last Wednesday and worked with the city. Commissioner Henning, you've been involved with getting the word out and attending a lot of these meetings. And I know you other commissioners have also been raising the bar as far as expectations of what we will be able to achieve in the Ag,~,,,,_ Al, ~,,~_ No. / DEC - 3 2002 pg.__ community. I can't tell you how much, as a representative of the construction and housin9 industry, that we appreciate that. Our work force i~ affectud, the people that own property is affected. Just so many people in 'Jifferent ways have been affected. It s been very helpful. The other ;eason I w~nted to come !oday w. as also to tell you how proud I am of working with your staff in the last few weeks. They've done a lot of very positive things. Mr. Dunnuck, Mr. Cheatham, Mr. Olliff, Mr. McNees, and certainly Mr. Mudd have all been very open, accessible, and professional during this process. And when ! say accessible, that's probably been the key to what's happened in the development industry. I can assure you that my phone has been ringing off the hook. I know yours has. And your staff has been extra deliberate in actually dealing with those questions. You can imagine as that uncertainty has mounted, they have been there. We have had meetings almost on an every other day basis at our office late in the afternoon where someone from the staff has been there even in some cases to come and say, "We don't know, but we will be back in a couple of days to tell you what we know further." It has been very positive for us in that regard. And now as we're working towards the resolution, at least where we know where we're headed, once again that's very helpful. And to update you on that, at 4 o'clock this afternoon, we'll have a meeting at our office and your staff will be there, once again, breaking down what they just told you into layman's terms. And also one of the other things your staff has been doing is actually challenging the industry that I work with in the private sector to join them in these solutions. Which has also, I think, been a very positive thing in giving us an opportunity to work with you, with our expertise, with the people we know, the things we can bring into that process. And once again, I think the private/public partnership side of this has been very, very positive, and again, I will tell you that has been a big help. I will also tell you that we in the private sector realize signing this consent order isn't the end of this. It's actually the beginning. And as we look to the future in resolving thes ~ isSU~'/"~*~ No. DEC - 3 'n_ some of these deadlines tha. t are going to be .and meetl g_ '~--~= e will be working with you to resolve flanging over our ,,=~.-=, w those things, u. We worked know how we can be a resource to yo Let u_s -- ........ --~ -nd a-ain, anything we can do to osel witn you. =--,,,, - . . _ . _ . really cl Y ..... .~:-- ..,-- r-n do as we lOOK at help in that regara, ano any,-,,,u --~_-- . ..... .__,,.. ot into the situation ano ac,u~,::y m and how we g , whole syste . - ....... -~ ..~ ,k~t so we don t working through that, we want to ne ap~,, v. face these challenges in the future. Thank you for your time. CHAIRMAN CARTER: Thank you. · Ceritillo? ' M~ CURATOLO: For the record, Kathy Cura..t.o. lo, A~e~r..,.c,a_n - '"-"'- .... --------= of Florida. Ditto, ditto, o,tto, an- ~p.ec. lay._.. .... ;~ ;* I didn't =ersonally say thank you t.o. the I~ut I WOUlQ ~ I~..,.=; .- r .... ~ ....'t" start. rd of County Commissioners an= commenu ~-,. = Boa We're always the last to know I represent subcontractors. t an thin · It s the way the system works. But in this abou Y g , - ---- ~,n~.;--~and- with staff. particular process, we ye oeen a par,, ..... - ..... , _ harm of information, looking at various solutions, an, even S ' g .... '---- our base what could be done to move recommenamg toward solving this problem. It's been a great experience. We would like to continue · at the table. Thank you very much. sitting ...... ". -'---k"ou very much. Commissioners, I CHAIRMAN (;AKl=r~. ---~,, ~ '- would like to call a question that we approve staff recommendations. COMMISSIONER HENNING: Yes. I think that we. need to move on and approve the recommendations of working with DEP on this consent order. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: Any additional things I need to put in here Mr. Olliff? t _~....,~,~u== ~z~C'KIE: Can that be taken out -- that ~um,~-~,~,,~-'- ;-'.~ .-.--. .... -- -----~ ~ack be in then we'll -- :~-;u,uuu .~.- .... _____ ~.__ · ;_..h,.~,~ th:~t in the motion. CHAIRMAN CARTI~K: Te~. · ,,,~,---~ ;~l'~iude that in the motion COMMISSIONER HENNING: Right. - about taking the $10,000 out. COMMISSIONER FIALA: And I'll include that in. my second. _ .......... :onds~!~/~, CHAIRMAN CARTER: We have a first and a pa,r of se, ~EC - 3 F'g.. 2-7 All in favor signify by saying aye. Opposed by the same sign. (No response.~ CHAIRMAN CARTER: Motion carries 5-0. We've got our marching orders. MR. MCNEES: Just two additional thingS I'd say. On~ i= ,,.~ suggest given, that you've taken that out, you leav'e s~-~l-e'~;r;l~ on your calendar for Friday because I suspect we will be back here with a special meeting. Second thing, there have been a lot of thank you's thrown around, and we beat on the press a lot in this room. I t ' .owe a_vote of thanks to both of the bea· ------- ..... ~hlnk we mews-Press and the Dail,, N ........ .__ ~ - -=vu,?rs Tor the ........ ] =--= WhO nave worked ve har ~ommunlcaze Qail,, ~--~ ...... -. _ . . ry d to ..... $ --,,u ~,vfrtec[ly aRQ clearly so everyone who's InVolveQ in this issue can know what's ha ' The 'ye ppen,ng. Y done a lot to help dispel some of the,-- CHAIRMAN CARTER: They really have. They ye done an excellent job. Just one point of clarification, when we about the taxpayers paying for all of this. talked I think we need to clarify, Mr. Mudd, their user fees that pay for part of any construction or capital improvements on these facilities or maybe some other ad valorem. But I ho e as w differentiate 't' . p e go alon o differences. ' ~ s good for the community to understand tghey u MR. MUDD: The expansion issue is an impact fee issue. And it's strictly an impact fee issue. _ MR..M. CNEES: Ther,e_'s not a dime of ad valorem money in any of this ~liscussion. We r~ talking all user fees and im act CuO=%y~iS~,S..I_O_NER MAC KIE: Penalty monev? P fees. ,-,,-. ,,,~-,~,~'=o: User fees A--., _,, ,,_ -.. · ,~,,u ~,, me ffenalties will, again, go to capital construction. So we think that s a good solutio CH,AIRMAN CARTER: Thank ~,ou for *~-- -' ....... n. sure it s been dulu not,-~ k,. ,,._ '~__,__ '_'"~. c.~.an;~caTlon and I'm u ..... u__ -- ] ._ --- ,-$ L,,~: ~,apleS uailv News and ,k.. ,.,~.o ~,=w r'ress. It VOl~ in.-I,..a.. &.-_. _-__ -- - . '--- ~.,~ think that will help th~ c-o'~i's"s~[ ,n your ,uTure articles, I M ! ~ s. Mac K~e, as v~ce chair, I'm going to hand this to you. I'm on my way to Tallahassee. COMMISSIONER MAC'KIE: Okay· Good luck. CHAIRMAN CARTER: You know how to reach me up there in case there's anything I can do before Friday. AGL ,~,, No. DEC - 3 2002 MR. OLLIFF: Madam Chair, before we leave that item, I can't let that item go without expressing to you just our views on that consent order. It is not something simple that we are getting ready to enter into with this cor~sent order. I mean, this is not just a piece of paper that we sign and it makes this problem go away and everybody's happy at the end. I can't begin to tell you the amount of work that that consent order represents and when we talked in our planning workshop again about that bag of issues that we need to deal with, this is the one on the public utilities side that is not going to get fixed in the next couple of months. This is one that's going to take probably three to four years before we're in a better position on the wastewater side. COMMISSIONER MAC'KIE: I am just go to keep beating that this is only one of several areas where now we know to be worried. We as board members know that we might not be so comfortable as we thought we were on, frankly, we thought we were comfortable anyway, right, guys? DEC - 3 200~ March 30, 2001 TRANSCRIPT OF THE EMERGENCY MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 30, 2001 LET IT Br- RE:NIEMBERED, that t.~e Board of Codnty Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 2:00 p.m. in EMERGENCY SESSION in Building 'F' of the Collier County Government Center, Administration Building, Naples, Florida, with the following members present: CHAIRMAN: James D. Carter, Ph.D. (Via Telephone) Pamela S. Mac'Kie Donna Fiala Tom Henning Jim Coletta ALSO PRESENT: David C. Weigel, County Attorney Mike McNees, Assistant County Administrat.~r James V. Mudd, Public Utilities Administrator No.__~3 _ r' Page I DEC - ,3 ~.O0~ March 30, 2001 MR. WEIGEL: Chairman Carter, this is David Weigel. CHAIRMAN CARTER: Yes. MR. WEIGEL: And for the information of the Board that is present and the public that is either watching or in the audience, this special emergency Board meeting may be conducted by the chairman, Mr. Carter, and -- Dr. Carter, even as he is attending per telephone hookup. Ms. Mac'Kie is not here, the vice chairman. And, Mr. Chairman, if you would like to go forward, you'll have, obviously, the full assistance of Mr. Mudd, Mr. McNees and myself, as well as your colleague Board members, if we go forward with the item. CHAIRMAN CARTER: Well, thank you very much, Mr. Weigel. I believe we need to go forward with the item. If it's appropriate, I would call the meeting to order. I would ask everyone to stand for the pledge of Allegiance to the flag, and then I will turn the meeting over to Mr. McNees and Mr. Mudd. (The Pledge of Allegiance was recited in unison.) MR. McNEES: Thank you, Mr. Chairman. For the record, Mike McNees, assistant county manager. We're here today to further discuss an item that we talked about on your Tuesday agenda regarding appending a consent order with the Florida Department of Environmental Protection regarding some issues with our north wastewater treatment plant expansion. I'll spare you the back detail, since we discussed all of that on Tuesday, and bring you lust up to date that you had approved in concept all of the terms of the consent order with one exception; and that was the fines that the DEP wanted to institute of $10,000 a day i~' w~. could not meet the construction schedule deadline of December the 1st. Mr. Mudd has been working with the contractor to get whatever assurance or accelerations we could get to make us feel good about being able to meet that date. He has a report on that and then we'll walk through, then, what we want you to approve when he's finished giving his report. He may have a couple other new variables to throw in there, but I'll turn the presentation over to Jim Mudd to tell you where we are. CHAIRMAN CARTER: Thank you, Mr. McNees. MR. MUDD: Mr. Chairman, Commissioners, I'm Jim M Page 2 March 30, 2001 public utilities administrator, for the record. Today we'll talk about two subjects; one, the negotiations with project integ;ati~n tl~at i've just gune through the last two day.~' an.J a litde bit i~efore that and then we'll talk a lit~;e bit =~out thc' consent order. . We're ~loi~g to ask tl'.e Boar~ to do three actions, th~*=_e ,.~otes. And when I'm done with the negotiations, we're going to ask if we can have authority through the public utilities engineering director to execute a change order with project integration and then we're going to ask for a budget amendment to transfer money from one fund to another so that we can do that. And then I'll specify the funds. And then the last thing would be to ask the Board to vote again on authorizing the Chairman to sign the consent order. CHAIRMAN CARTER: That's clear to me, Mr. Mudd. And we have to have the change order, the budget transfer and the vote to approve the consent order. MR. MUDD: Okay. The slide on your screens right now talks about the expansion and acceleration and physical impact of the five million gallon expansion that project integration is doing for us. I put at your tables a letter and it's all tentative based on the Commission's approval to lay the process out. The initial proposal came from project integration when I said we needed to speed up the project and they basically said, "Yes, we'll do overtime, but you are going to have an open checkbook. You're just going to write checks for all my overtime." And I took a deep gulp. Then they said, "Guess what? And no guarantees on schedule change. Our completion date stands at 23 November. And, oh, by the way, we want our re*ainage, which is at 9.5 percent of a $19 million contract to go t ~ five percent now, and then we want it to go to two percent at substantial completion once the liquid train comes on board." I didn't like that too much. It's basically, you let the f,)x in the hen house. And I know we've got a problem and an issue, but you've still got to worry about the taxpayers of Collier County and make sure we're good stewards and that we're not being held up. What ! was able to do was talk to them about thirty days of._ overtime. We talked about an eight-hour Saturday event~. And~:::~'. Page 3 DEC., .- .~ March 30, 2001 - when you looked at their -- their costs per manpower for equipment and we went through that whole process, that basically comes out to about $19,000 and change per day. Multiply that by thirty days and you come up with $580,000 for those three days.. I put that on the table. I talked to them about buying back -- out of those thirty days, buying back the seventeen days that they have, to the good, because of site condition change and things like that that has gone on over the last year and a half to bring them back to their November 6 completion date on the liquid train. That went with some silence as far as they were concerned, but I'm trying to get to the point in time -- they were not guaranteeing any schedule, so I'm trying to get some movement there. Then we went over -- last night we went -- they asked us to take a look at retainage. I didn't want to put it on the table. We got back this morning and we talked about partnering and the intent of partnering and what it's all about, and it's not a one-way street where it's all give and no take. And I basically asked the question, "Well, what's the county going to get out of this?" Because it's really bothering me a lot. So I got them to agree to the 580 as a top figure for overtime, it will not be a carte blanche thing where they just get that money. It will be a vouchered system, where they will have to show us the vouchers for the overtime and show us what they are claiming. If they come in before 1 November, the difference between their vouchered amount that they give us and the 580, the difference will be divided in half. Half will go to the contractor as an incentive and the other half wi'i come back to the county. The completion date, I got him to agree to a November 6th or sooner. I put about 4.5 percent of the retainage on the table. We still retain about five percent, which is about a million dollars on a $19 million contract, so we feel we still have enough leverage there to make sure the job gets done, and that we're holding enough dollars there so when we get to the punch list items we get our product at the end. And again, we're trying to make sure November 6, 2001 ~or, ._ . , ,~,.; ~, i~..~, I i ~;~! sooner, so that we can meet the I December time line. If he / ~ _ Page 4 ! DEC -- 3 2602 March 30, 2001 does not meet the November 6 deadline, he still has liquidated damages in the tune of $2,025 a day. CH~.IRMAN CARTER: Questions by members ~.f the B,~ard? COMMISSIONER HENNING: Mr. Chairman. so ~e has ~;qui~i damages of $2,250? MR. MUDD: $2,025. , COMMISSIONER HENNING: $25. So what happens after December 1st-- MR. MUDD: We start paying $10,000 and he pays $2,000. That's why I tried to push this completion as far forward as I could in time. Now, what we will try to do on Monday when we meet with the Florida Department of Environmental Protection is try to soften their language a little bit and say instead of will they give us a $10,000 fine, get them to try to say they may give us a $10,000 fine. That gives us a little latitude in case we have a natural disaster or something. We get a hurricane this summer and we got to work through that process, that those days are there and there could be some leeway as far as they are concerned. We want to talk to them on Monday about a nanofilter package plant that we could bring in a little bit early, where the county could buy it and give us some flex movement between north, south and in the future years out to Orange Tree. And we want to see if that would help us maybe extend that time frame out past I December a little bit, if we could have that installed by I October up at the north plant and give us another 1.25 right on the button. That period of time, if you think about the average permit hookups in a given year, at least over the last three, the north plant they have been about .7 million gallon.~ a day kind of capacity that you hook up to. If we had a ha.f a million gallon capacity extra up there this year, we wouldn't have had the problems with -- with the high organic loads. So I think that would -- that would be just enough to get us by in the north plant, and I think enough insurance for the -- for the Florida Department of Environmental Protection, but I have to run that by them. Joe Cheatham and Carl Boyer. Joe, you know who he is=~Carl Boyer is my interim director of engineering. They went ~p t~=''~-~ ~''~ Page 5 ! E)EC - 3 March 30, 2001 Lehigh Acres yesterday to look at one of those nanofilter plants to see if it would work for us. They came back with some pretty good things to say. And we've been in contact with the vendor to try to figure out what his price is going to be. We got him down from about $5 a gallon to about $3.50 a gallon. If you figure, if we buy it, it's cheaper -- it's cheaper to buy it than it is to lease it. By the time you lease it for two years, you own it. And we're going to need it for that two years. So it comes in at around 4.8 and that's ballpark figures right now. They want to give us some more details on Tuesday. COMMISSIONER HENNING: What's 4.8? MR. MUDD: 4.8 million, sir. CHAIRMAN CARTER: And would that be paid for out of user and-- user fees, Mr. Mudd? MR. MUDD: No. That would come out of impact fees because that would have to deal with the growth and the hookups that would be happening this year, sir. MR. McNEES: Let me clarify, if I may, exactly what we would be asking for from you. You have already approved the major items that the DEP asked to be in the consent order with one exception. So we are asking you to also approve the language that they will fine us $10,000 a day, with the assumption that we will try to negotiate for a may instead of a will and authorization to sign if we can get that. The second thing we're asking you to add to it is to give us the leeway to negotiate over the possible addition to the consent order of this, what is essentially a portable package treatment plan. That if we can get them to agree that that allows us to extend the deadline somewhat if we can put that in place, to give the Chairman the authorization to include that i~ the terms of the consent order if we can negotiate it. We're trying to get as much flexibility here, but also have your authorization to put this thing to bed once the DEP signed off. COMMISSIONER FIALA: I think both of these things are great. Along with that may instead of will, which is a great word to change, I was wondering if there was any .way that we could actually incorporate some kind of provision just in case we were hit with some kind of a natural disaster and that may w, ou!dn'.t hold up enough. Is there a way to incorporate the verb, Jag~i'of'L'/:~ ~._ 1.3 Page 6 OEC - 3 I March 30, 2001 you know, renegotiating in case of a major natural -~ MR. MUDD: Yes, ma'am. COMMISSIONER COLETTA: Wa ~ant to ba c~ref~l we do~'~'t give them exact I.anguage and bind them to the point where this thing keeps Rraggin.o out week after week, ~d '_ye c=t t= the point where we lose the incentive. I got a feeling that we're going to be talking down to about days when we get down to the end part; is that correct, Mr. Mudd? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: A span of maybe just days as far as getting it completed and being on line to avoid the fees from the State if they so choose to put them on us. MR. MUDD: Yes, sir. MR. McNEES: And the one thing I will make clear-- and I think it would be fair for me to represent the DEP's position a little bit because I've had enough conversation with them. They are likely to say that a natural disaster in August that takes us three or four or five days to recover from will not impact wastewater treatment flows in February and March and January. So they may be somewhat sympathetic to this issue of leeway t~ take into account those types of issues; then again, they may not. So we'll do the best we can. COMMISSIONER COLETTA: I would say we leave it up to Mr. Mudd to try to do the very best he could on that because if we keep bringing this back-- COMMISSIONER FIALA: Okay. COMMISSIONER COLETTA: -- we're just going to lose that advantage. I do have a couple questions. This portable unit can be moved again as need be, right? We can use that in another part of the county, so it's going to be something that won't bt. going out of inventory? MR. MUDD: No, sir. What the plan is right now, we have had discussions with the Florida Department of Environmental Protection about the read rate at the south plant -- and right now they're -- we go up on Monday and talk about that in detail. But it is becoming clearer that they are going to'want a demonstration on that plant before they will go that route. Now, that will take several months to do. I think that this -- that this nanofilter plant from Zeon, (phonetic}, when we get it in, we can move it from the north:.. Page 7 DEC March 30, 2001 when the five comes online and you could move it down to the south and hook it in, and you could increase the capacity down there by a million .25. It could be in that -- it could be in that. arrangement until the expansion at the south plant comes online in December of 2003. - ....... :J "" --ou f the thin s I told Mr. Cheatham toaay is,; sa,u, ,- = One o .... .g_~ ..... * *-- -o until June of 2004 to make sure nln w~ wc=aa~ .v = lease that t g, _ ._ -.-_ ~....*k doesn't slip and we've got x ansion QowR in ~-= tv,,.,, . that the e p ,, - - - ~'-~-"-;ve it away in December that capacity online, we just a,un L u, we missed the high season. , . and then , --- :- ~nrl by about that time we re gomg .to then ouvego~L ..... , - - - And _ .. Y_ . ,. ..... T.=.~ and exactly what we want to ~o hay to talK aDOUt urang= ---~ -- . _ · _~.-__...--.:--..~ +k=rg~ is- ~it~that because, again, the contractual s;,pu,.uv,,= -..--- , take it over in 2011. . .......... ,-- we........,==~rt~a;ra COLETTA: I appreciate the ~act. that yo.u ~= ~'~'"'""""'~-"--" T- --'- "-:--~ I want to make sure; thinking ahead, just a coup.e ~m.u=. tand the carrot and the stick on this..That of this u_n_d_e_r_s_., ...... .+;.~-- nne of the incentives is, if you finish,.ear, ly $SUu,uuu ~or ~,v=, .,,..-, - , .... -'---- ~-"~ *he funds at thaz and you don't use all that, we II g,Ve zn=-, ,,..,-- time; is that correct. MR. MUDD: That are left. That's left. MISSIONER COLETTA: In other words, as a further CO.M . - ......~ ~ they exceed the date, then at that. incentive to move ~orw~,u...-__ . ~ ~v f r each additional · 'n time they are paying us $2,025 - --, _o pant, . · - rrect? day and that date is from November, is that co MR. MUDD: November 6th. COMMISSIONER COLETTA: And not the December 1st that has been placed on to us by -- MR. MUDD: That's right. COMMISSIONER COLETTA: So we've got a little leeway there as far as recouping funds from them to help pay for the overage we may run into at the end. MR. MUDD: Yes, sir. COMMISSIONER COLETTA: I wou. ld. say f.or the most part you worked out the very best of all possibilities into this deal. How do you feel, Tom? . COMMISSIONER FIALA. I agree. COMMISSIONER HENNING: I have some mo. re questions. I goln; to spend $4.3, just don't understand this nanofilter. We're _ ,,.s~.:,.,~, million for this nanofilter? ~0. l ~ DEC - 3 2002 Page 8 pg._ ~7 March 30, 2001 MR. MUDD: We're ' - _._ __, ....... talking about It. And if FDEP doesn't -- ' ' -oesn z -- ,T their eyebrows don't raise i~ *~;~ --- .L , If, sense ;IoiltQ down th=,, ~ . . , .. ~,,,= u,,=, ;here s no we are taikin, ~n,t it ~_.~ :..._ ~ . . ~.. ~'; ~--- --meWorK .~_~ .... ,_~ ~--~ -::. --,~, ,. ~ n~S~C; ~y ~rin~ing a Po~able ~"~~ M;un~ In;o ~Olller ~ounty. COMMISSIONER HENNING~ I t~ugi~t w~ h; ~ capacity if we borrow that capacity from the Gity of Naples? MR. MUDD: Yes, sir, but that's a ninety-day agreement. And we have to -- and we have to go back to them and ask them to extend that past the ninety days. There were some -- there were some councilmen and councilwomen that were reluctant to extend it past the ninety days, sir. COMMISSIONER.FiALA: Do we even need it after t~e ninety days, being that we II be out of season and our water - our sewage use is so much less? ~R. MUDD: That's right, ma'am. What we're goin to do ' ~~ ~~o h~ok i~ up. We're going to t~ it. We'r~ ...=~= ~ure IT WORKS. And then we'r= fl~;-- -- --.- that. -- u-.,,u ~u ==~ znem to extend One of the things that the city council asked their staff ~ to c?me back with a longer ran-e a-re=--~-- --~ -~ to do ' ' ~ = ;'"=~;~ ~nQ ;ney were za~K~ng about in a year time frame. And then to also address the no~h/south interconnect using their system as a force main. And those things have to be -- they have to be brought back to the city -- the city council in order for them to vote on those pa~icular items. (Commissioner Mac'kie Enters *k ..... ,- - - - C~,Ul~.~.~ ....... ~..= ~mmlssIon cRambers.) --~....~o,v~cK rlALA: I ~eant t ;= .-.~k -~:-- n~ ~_~ :~ =_~ _ . h,~ ~=~ ~l~, uo we bringing up? - u-.,,u ,u ue -- znaz you were just COMMISSIONER MAC'KIE: I think what she's saying, if I may -- and I apologize, traffic is worse than it should be ~- the reality is, we will have capacity after Easter, but that's not what matters to the DEP, if I understand you. We got to. have redundant, redundant. Even though we really won t need this -- MR. McNEES. The DEP s concern is Janua~, Februa~ and March of 2002. What this additional 1.5 million gallo~s of an essentially potable wastewater plant would give us ~s that back stop safety factor to relieve their concern that if an~hi~gWere .. ', to happen with the construction, whether or not we ca: tre~~~~ Page 9 March 30, 2001 this sewage that's going to come. So it gives us that much more flexibility. - ..... '- --t :ust $4.5 million worth of lost The other thing aoou1: i1:, it s no j expense because that really on a per gallon basis, Joe Cheatham tells me, is just about what you pay for a sewer plant. So it ' s a viable treatment process for us. rem. al.n_.'_..k_a. -'=n would be to use it at the so,u.t.h plant .to help _,.n there, once it's exhausted its u_se.~uln.e, ss oeal Wl1:n pea~= ,v..n , ....... k-- ';--;~k"O at the ~L _,__, ...,;i ,hat cons1:ruc1:lon can ur .,,,,o..-- at the norxn I~,m,- -,,~:' -" _J ......._~ ,~ ,h., other than 'us1: _-..,k ~1,,, ere-s more aovun~u= -- - .... =,,,... ~ ......So.th ..... _..- ' 'mmediate issue at 1:ne north la~,=,,~. . th'Sc~IAIRMAN CARTER: Well, in m_y unde. rstan.d.!n_g_,_M_r_. _M,C~nN~esS~ Iso could be used at Orange ]ree. I see the nu-~ that a ...... '- 'on--ran-e nlan that affords you a lot of ood a[t ota s1:rateg~;, ~ tJ ~. r- g P. ..... ,-- :- -~ expansion of plants, but in an opp Y .............. ..Id be much better off and better emergency SIt:Ual:IOn wt~ wvM prepared to deal with th,e,, iss.ues. OMMISSIONER MAC KIE. Commissioner .Ca. rter, this is _ C - --- .... -,---'Kie. I had, you know -- th~s ,s something..that ~ommlss~on=~ ,,.,.~. ...... . -~-s--.. i= n,,r r] Daration in 1:ne ,.-...~.4 RA:=rrl h;aS talKeQ aDOU; r~=.~-~;, ..... rre- . u,= ,,." -- ..... --. ....... ~-"'~ ;-,~bid- you Know, ----.~nt of a disaster, a nurrlcane or, ~a~,~..~.- , ;_ _ .. ..... ~)Lething awful happening. This would be a reclun~lancy, liable to us that in the event of an emergency that will, ava maybe we should alre.ad?,.have .th._at_w_,e,d_~°~ ot nh~V~i~le rail here. I MR. McNEES: We ,on t wan; ;o 9=~ understand that DEP may say, no, that we are not interested in including this nano filtration plant as a part of this consent order process, in which case we'll proceed with what we have. But we want y.o.u to kno .w. about it so we can have the additional flexibility that will allow us to make that a part of the equation. We can fold that into the agreement. COMMISSIONER HENNING: I just need to understand because that's a big chunk of chang_e/. MR. MUDD: And it doesnt preclude us from selling it either If the Board so after we're done with it for tw.o or three years. chooses, we can put that out in the net.and yo.u can sell that package plant to other communities. Like Lehigh Acres has one, okay, and they are starting to sprout up in several different places in Fl.o. rida. It is a -- It is a way to treat sewage and it works Page 10 March 30, 2001 And oh, by the way, this is a filtration system that pretty much brings the water in, and whe~. it leaves, if could go to your tap. I won'~ do that to you. COMMISSIONER MAC'KIE: Thank $,ou. MR. MUDD: Brtt that's the }(ind of technology that this plant has. CHAIRMAN CARTER: I might say, regardless of whether the DEP wants this or .not, that, Mr. Mudd, you think about incorporating that ,nto our strategic plan and perhaps bring that back to the Board. Even if we don't need to know it now. If there is sentiment on the Board to do that, I would think that that would be ' direction. I' . a pos,tire ~ _ . m not there. I can t see noddina heads nr neaas, r~ut I would be in favor of incorporation into o-~r-I'~'~"'-'~n e plan. g g COMMISSIONER MAC'KIE: I would love to hear if it is a viable alternative. The concern that I have had is, I have heard in the past that in the event of a natural disaster because we have lift stations and they have run off of electricity, that we might not have adequate generators to deal with an emer eric And if that's the . . . . g y problem. _ . _ case and ,f th,s ,s a solut;on that cou ava;la - Id be ble, the.n I would I,ke to hear more about this. procNleR~s.NIUDD. This still needs electricity. There's just about nothing in our business that doesn't need electricity to work the COMMISSIONER MAC'KIE: So we are apparently getting off on a side light and we need to come back to the main track. . But the heads up there from staff is that the Board is wanting to hear something from you. If it's generators, what is it. in the event of an emergency that we need to have that we don t? COMMISSIONER COLETTA: To try to focus on where we're trying to go today, we're not really approving a nano plant for $1.5 million. Maybe we can come back to where we are t in to go. ry g COMMISSIONER MAC'KIE: Good. MR. MUDD: Do I have any more questions on the negotiations and what we went through? Okay. What I need.the Board to do via resolution and vote is to approve and author;ze the public utilities en.gineer director or .myself: whichever you choose, to execute th,s change order w;th proJect integration, Page 11 D E C - p~._ March 30, 2001 contract number of 99-2908. COMMISSIONER HENNING: I would like to hear about the transfers of monies. MR. MUDD: Okay. There is another issue that you have to talk about and it's an approval that a necessary budget amendment to transfer $600,000 from the project 73948, which is the north Collier sewer treatment deep injection well, to the project 73031, which is the north sewer plant five million gallon a day expansion. Source of the funds is impact fees. COMMISSIONER FIALA: But that's the second portion of that, isn't it? COMMISSIONER COLETTA: That's the second. COMMISSIONER FIALA: You just wanted a motion on this, right? COMMISSIONER COLETTA: Right. COMMISSIONER FIALA: And Jim has already motioned? COMMISSIONER COLETTA: I made it. COMMISSIONER FIALA: And I'll second that. MR. McNEES: And I think before you pass that, Mr. Weigel will be much happier if I bullet through the main points of that change order. COMMISSIONER MAC'KIE: I would like to hear the math and maybe you guys -- COMMISSIONER FIALA: No, we weren't in math yet. COMMISSIONER MAC'KIE: I want to hear the math before we pass -- MR. McNEES: You're authorizing an overtime work budget not to exceed $580,000. You're authorizing a change in the substantial completion date to November 6th of 2001. You are t, ading seventeen days that we owe the contractor on some cther contract conditions for the movement up to November 6th of the substantial completion date. You are reducing the retainage that we hold from this contractor from 9.5 to five percent. You're also agreeing that, given however many days prior to November 6th the contractor can finish, whatever unspent overtime there is of that $580,000, the contractor would get fifty percent as an early completion bonus. Those are the terms that we're asking you to approve as the change order to the,contract. COMMISSIONER MAC'KIE: And then if they should fail /~', .... ,~, Page 12 DEC ,--3 March 30, 2001 complete in time, for -- so that the $10,000 a day starts kicking in for us -- MR. MUDD: Liqu;datcd d;ma.qes ,~tart on ? Nover~ber for them at the tune of $2:025. COMMISSIONER MAC'KIE: And ! duess -- MR. MUDD: A'day. COMMISSIONER MAC'KIE: And we're going to, though, be paying $10,000 a day. MR. McNEES: That's not until December 1st. COMMISSIONER MAC'KIE: So just help me think it through. Because this is a contractor that we got behind with already, right? I mean, they are behind, aren't they, on the contract performance today? Do we have confidence that they will be able to meet -- if these financial incentives are such, that they will get it done? MR. MUDD: I think so. They moved up some of their pipe work to get it back online to gather the twenty days that they have on this particular -- that they are behind on this particular part of the project. COMMISSIONER MAC'KIE: What caused that twenty days? What was the cause of that twenty days; do we know? MR. MUDD: All the slack slipped out of their schedule, shortage of manpower. There are sundry reasons -- COMMISSIONER MAC'KIE: And what will keep that from happening again? MR. MUDD: They are going to start working overtime. And so everybody is short. I don't think there is a construction outfit out there that isn't short people right now, especially in this county. COMMISSIONER COLETTA: What you got in here, Para, speaking from the contractor, where he's standing, you. got a carrot an, I a stick. There's every incentive in the world for him to finish ,.arly. And the fact that he's going to be able to pick up the balance of the money that would be left if we're allowing for the overtime. And if he doesn't finish early, then he's going to have to start paying -- before we have to pay our $10,000 a day, he's going to have to start paying $2,025. What is that, about twenty-eight days before we start paying? MR. MUDD: Yes, sir. ~ ..... ?~! COMMISSIONER MAC'KIE: And somebody do the math! on~,:~. Page 13 0~.~ ~ 3 ~ p~.__~ 2- March 30, 2001 that. MR. MUDD: More like twenty-four. COMMISSIONER COLETTA: Twenty-four days. COMMISSIONER MAC'KIE: So we would have -- COMMISSIONER COLETTA: 48,000. COMMISSIONER MAC'KIE: So we could pay five days' worth of his failure out of his penalty money. But in the contract -- and I'm going for this. Don't hear me saying rm not going to go for this. rm going to go for this. I just want to understand every piece of this as much as I can. If in his current contract before the change he had this $2,000 a day penalty, didn't he? MR. MUDD: Yes, ma'am. He also had seventeen days good days as far as the liquid train was concerned. COMMISSIONER MAC'KIE: Tell me what that means. MR. MUDD: Change of condition. COMMISSIONER MAC'KIE: He had seventeen grace days? MR. MUDD: That's right. Because he ran into sites that we didn't have in the contract. He had the conduits -- the electrical conduits were all messed up. They were all filled in. They were crumbled from the last time. He had to go back and rebuild those processes from the original contractor that came in. And as he worked through it, they basically assembled -- they call them good days that you get. And if they are late on their date when they are supposed to, then they hit in with the good days so they can avoid the liquidated damages. COMMISSIONER MAC'KIE: Got you. MR. MUDD: The contract specifies right now, completion of the liquid train 6 November. There is a change order out there that I have not executed that gives them these seventeen days. And I told him in negotiations -- because they didn't want to give my any guarantee ~, even though they are doing overtime. I said, "l~ey, lo tk. rm giving you a lot of stuff. You got to give me something besides nothing and an open checkbook." So I told them, I'm going to buy the seventeen days back and I am not going to execute that change order. Those are my days now and you're back to 6 November." COMMISSIONER MAC'KIE: Okay. Am I the only one being dense here? COMMISSIONER HENNING: No. COMMISSIONER MAC'KIE: Can everybody see itperfe~ctly~.__L Page 14 March 30, 2001 clear as to why they would have this motivation now? It's because the pot of money is so big, the overtime money is so -- such a big pot of muney that th'~t will b~.' their motivation to do whatever it takes to get this job done. MR. MUDD: What I agreed to is not to give them that 580 off the bat. I said, "You have to voucher that back to me. You have to show me the time, when it's done. Who worked the overtime. What they did, that process. The equipment that was used. Materials that were used. And then we'll take that money out of the 580." And once it's vouchered, whatever is left on that difference is that incentive amount. Now, if he comes in on the -- if he comes in on the 5th of November and he's at $577,000, his incentive is going to turn out to be about $1500. COMMISSIONER MAC'KIE: Not much. MR. MUDD: But if he comes in early, okay, and comes in at that 5 November date and he's only spent $250,000 on overtime, then he's going to have a $125,000 incentive for being there at that date. COMMISSIONER MAC'KIE: And there must be -- or is there some sort of a standard, we can expect this project would take blank amount of days or hours, and so we know what percentage of overtime is going to be r,ecessary for them to meet the new deadline? MR. MUDD: Yes, ma'am. COMMISSIONER MAC'KIE: About how much overtime? I mean, they will have to do their regular work plus how many -- MR. MUDD: That's these thirty days that you are looking at, which their overtime -- their time and a half for their crew and their equipment is about $19,000. COMMISSIONER MAC'k IE: So they are getting thirty days worth of straight time paid in overtime in order to do it earlier? MR. McNEES: Thirty Saturdays between now and November 6th. COMMISSIONER MAC'KIE: Okay. All right. That makes sense. And what about the labor shortages that kept them from staying on track to date? Are they -- is CBIA going to provide them some labor if they-- MR. MUDD: CBIA has given them references for pipe fitters and for supervisors because that's really where they are ~h~'~t,~:,i~, ~ i ! !~o. I-~ Page 15 :~ ~_~ -. ~ ~ March 30, 2001 about three people. Part of -- part of their acceleration is to -- and that they put on their CPM is to bring on another crew to do some pipe laying, to bring them back into compliance with their perc. chart. COMMISSIONER MAC'KIE: And I guess the people who are in this business in the county are going to make employees available if there is a labor shortage? Is there some understanding about that or might we run into a labor shortage again that would cause us -- MR. MUDD: Ma'am, when that superintendent on the job walks up to me or walks up to Joe and says he needs something, we'll try to make it available for him. COMMISSIONER HENNING: And I can tell you, I have been trained on a shovel if you need some help. COMMISSIONER MAC'KIE: I hadn't been, but I'm willing to be. MR. McNEES: I'm shovel qualified as well, so who knows who will be out there working. COMMISSIONER MAC'KIE: So if you had to say the percentage of optimism that you have that this deal will make it on November 6, what percentage are you? Don't you love these questions? COMMISSIONER COLETTA: Good question, Para. COMMISSIONER MAC'KIE: That's the kind of question a lawyer gets asked all the time. What are my odds of winning this case? Are they fifty/fifty? Are they eighty/twenty? MR. MUDD: Ma'am, I would say that we've got probably a ninety, ninety-five percent. COMMISSIONER FIALA: Great percentage. Good question. COMMISSIONER MAC'KIE: So can a -- MR. MUDD: The only thing ti,at' ~ going to get in our way on this one is a hurricane, okay, and tllat's what really bothers me. And knock on wood, that's not going to happen. COMMISSIONER MAC'KIE: Knock on wood and knock on your knees to the floor. MR. McNEES: And I think it's important here that we ask the right question. If you ask us, is this standing by itself a fantastic business deal for the sewer system? We're going to go, "No, it probably isn't." If you ask us, "Is this preferable_ to no consent order and the ,~.-,, ..... ~- continued prohibition for additional connections to the nortli r~0_.;~ ~ / Page 16 March 30, 2001 wastewater treatment plant, including construction that's already underway and wa~ting for a CO," we're going to tell you, "Relative to t;~at, .yes, we think it's the right thing to do." CO[~;I~.ISSiONE[~ FIALA: Good I~oint, Mike. coMMISSIONER MAC'KIE: And for me to make that -- I'm ninety-nine percent st~re I ~m _coin~l to agree with you on that. What I would like to know is, what is the total financial cost of this mess, including -- is it 580 plus 200? MR. MUDD: Are you talking -- MR. McNEES: Top side. MR. MUDD: Are you talking about this particular project integration or the whole issue that we've been going through right now? COMMISSIONER MAC'KIE: I guess what I'm talking about -- MR. McNEES: Top side, yes. COMMISSIONER MAC'KIE: -- what does it cost us to get out of the no wet permits? Not what's the solution -- not what's the solution to our whole problem, but what's the cost of getting us out of this stop work order from the DEP? MR. McNEES: $580,000. COMMISSIONER MAC'KIE: Plus 200 for penalties? We're paying those no matter what? MR. McNEES: We're paying that no matter what. Whether you get out of it or don't get out of it, we're paying that. COMMISSIONER MAC'KIE: So it's cost us 200. Do we know yet what we're going to spend that on, the projects -- MR. MUDD: Well, we've got some projects. The one that we would really like to do is, there is a project down in Port-au-Prince, their sewer system. COMMISSIONER FIALA: Yes. MR. MUDD: The Florida Department of I; nvironmental Protection was pretty adamant about us taking that into our sewer system. We took it in and it has been -- COMMISSIONER MAC'KIE: A disaster. MR. MUDD: -- nothing but problems. And we really need to do some work down there to get it back up to standard. And it's sitting in a pretty -- and it's sitting in a pretty environmentally sensitive area and we don't want to have sewer leaks going out into the bay and that kind of thing. And I think we can convince the Florida Department of Environmental Protection to let Page 17 : March 30, 2001 those dollars to fix that system. : So that $200,000 you are looking at as a cost is MR. McN. EES ____,--ma collection system probably in that .. would get you a area that we all know has.been a problem for twenty years. COMMISSIONER FIALA. Whoever thought of that, as a costing (_~icl being an advantage. -'-~OMM~SSIONER MAC'KIE: That should have been done an rY~V_;AYiRMAN CARTER: Commissi.°.ner. s.' .m. ay_l_r_aids~.h~udd' v . ei el and also to Mr. McNees a- quest,on to Mr. W g ~ ._ L_ -, course what we want to do that to get where we ,n_ee.a To u=, ~- and need to do, there s s,gnificant economic impact to this community if we can't accomplish that and spend these dollars to be there. . ...... · *~= larner -- and I don't know how to naer it some u. -,,~ I would wo ..... ~ =nrt nf; rcharge can be added fit-- work a formul.a t.hat =u,,,~. ~-. ~,-_-..-~Unow ~-hev want to get through this cruncll-aown, penoa..LUn-s? An~' everybody wants to . t the wet connectt . - there. They wan __ -.-_....~, eln us in cost sharing w,th · me wa ~,== ~,. h win. But ,s there so Y t? , okin down the gun barrel a . this $5S0,000 w_e re. !.o.,,, _g~.=== that. Sir, we're go,rig to come. MR. MUDD: Day,a, ~ ,, =---~.~.._ __ im-act fee adjustment and . 'me this summer w~n an to ou somet~ .... .~--~ ;-~-~, fees that we've had thaY~ will get -- that Will get a~ ;nu== ,,,,~-- to use to work t~h_is_pr~o=c, es~s~.__b-.~u very much. If the Board CHAIRMAN CAi~.I*-~..; .nm'?_?_',' ...o~;d be very interested in agrees, I think that woulCl De one, -- purs-u-i-n-g.'-.~=,,~,ER HENNING: Yes, I think we ne_ed.to take a (;;umra,o=,~,,- .... ~:..-, ;, ~- - eaular basis, whether look at the impact tee an- a,ju=- ,- --.. - r = it's sewer, water or road,s, or whatever. MMISSIONER MAC KIE: Are we saying tltat ou impact fees CO -.----~;~? I thought the deal was-- . . might go up as a r.e,.sm~ u. ~,,;o MR. MUDD: Ma am, I can t address that until I get someooay to take a look at. the entire process. MR. McNEES. I can tell you absolutely, no, we are not saying · act fees might go up because.of th.is. the~I~MiSSiONER MAC'KIE: I can't ~magme that that would happen. MR. Mc.NEES: No. They may go up. The? may not go up. That is an ~ndependent issue as to this particular acute sit Page 18 March 30, 2001 COMMISSIONER MAC'KIE: Okay. And the other ue we get 3sked is -- ow tko* "-- ----.-. ..... q stion th;., _ . ...... ~ ..--- · ,,, u=~r,n~ asKeo anyway is this 5P0 wn,cn =s all ~mpact fees. is anu o* ,k~, ....... ' _ , the 200,000 is money that .----:---'--~"' ';'~'-"-eY" oKa.y, we know , ~,= ,vuu,a not otherwise be spending. In the 580, h.~w ~uch of that is money that we would not otherwise be spend,ng; all of it? Because we would be able to wait and let this contract, you know, complete its normal life. But that 580 is all coming out of impact fee money, so it's not rate payor related. MR. MUDD: That's right. COMMISSIONER MAC'KIE: So it's purely im act fee appropriate because we'r-- *~,~:-- -~- - P s, which is MR. WEIGEL: Right. ~ --,,,,-~ anouz growth here. COMMISSIONER MAC'KIE: We're talking about rowt - problems. So I just wanted to ~- .......... g h related there's no rate increase or ~.,.~:_~_ur_e_zna! t. lte_re wasn't any-- ""~'"'-9 connected to this. Okay. COMMISSIONER HENNING: I think Commissioner Col made a motion, etta I'm not sure if we have any public speakers. MR. McNEES: You have two. Dave Brooks. MR. WEIGEL: He may waive. MR. McNEES: And David Ellis, I think, only wanted to speak if it looked like we were g.o,.ing a different direction. COMMISSIONER MAC KIE: I had a question for David just on that issue of having labor available. I just wanted to he say that CBIA is committ--a ,.. k--..:--_ ._. . ar you u= =..,~. ----.. --- -~, ,,.=v,.9 ,aDor available. ...... ~L,O. ~.U~, as well as the ASGF, the subcontractors have met with your county and we've offered some resource ideas to the contractor. Of course, because -. we don't control .the contractor, but yet I will tell you that we have enough !nterested parties -- and believe you me, we have those 'nterested parties -- that, if it comes to that, we will do everything possible to make sure that that's there. COMMISSIONER HENNING: And you know-- COMMISSI~)NER FiALA: So the contractor can never claim, _he's not -- he can't keep u with the schedule because he can t · P f, nd labor because you will have it, right?. And Jim's got that as a weapon to use. MR. ELLIS: Yes, we've discussed that at some length in some meetings. And again, our hope is that with the incentives .. and again, I'll compliment you on the way you've structured this.~ ..... Page 19 : March 30, 2001 tor every reason to move ahead with it . 'yen that contrac -- . , You ve gl . _.L,_ __4 -,et at the same time you ve . · 'OUSl as pOS$lD~= as expedltl Y ........... ,..A ~.;a r. missioner Coletta, ana created an incentive like you v= =--,--~ ..om " _ ....... ...,~,,=r, COLETTA: A carrot and a stick. . .. · ELLIS: Yes~ carrot and a stick is a nlce..w, ay of s.aylng ix. MR ......... -'--- · -e-resent at least will be satisfied InK tile TOIKS tnis~; - And I th . . ._L _, ---..-turin- that contract. And I that you've ;lone a nice jo_D o, =~,''.~.~,~h~',, eroates that kind of think they would_agre.e th.at tha. x...P,_--_-_~:--t~-v-~ur ouestion, incentive for that contracxor. Commissioner Mac'Kie. , _ MISSIONER MAC'KIE: You re there? ..- ,.. ~OR.MELLIS: Yes, we are there· And I promise you, we a,,n z - · ,t alwa s used to drive by that plant and wonder what was i dldn Y -- - · ~-:--~ b-' slow now and we keep a close going on over there. ~ u,,-~ eye.on, i_t:_:_ ~ are not _cloing to--like we said la. st Tu,e,,s..da..y, ~-no--a?u-'-'~'-~,' t-o walk o~t of this room today ancl s. ay,_ w_e.~__ ~Vh?s~?snsOo~lvU~l'.'''u This is_a C. hlallreo~eseth..aotu~ve~r~v~lllbge°lt~gerte° ~l~ng until this is resolved. Ancl p as best we can. . ISSIONER MAC'KIE: Appreciate hearing that. COMM . . , - ' wer our MR. McNEES: Commlss,oner Mac K,e, I II ans Y _ · - . think Mr. Mudd would probably agree. ~ince question this way .1. .... . -.---~,~ ~-I~ one thing I've heard ' issue came to tne ToreTrong; u~=,~; ~ ~,,. ;. ..... th,s ..... ~ "--t would be promises ~o help it we more of than aavIce anu need help. And we've been paying attention. COMMISSIONER MAC'KIE: Okay. And I guess -- I hate to keep thinking of questions. But Mr. Weigel, do we have the right under e contract if the contractor f.a. ils to perform that we. can th . . · ---~ , --~an if he should default, failure to substitute ourselves. , ,,,; , perform, can we finish the job? MR. WEIGEL: Well, this is a standard form contract which provides for-- it has -- it'.,s, bonded and .s,.o-- COMMISSIONER M,AC KIE: But that s so slow. That s very slow. And we have the ability to MR. WEIGEL: ...... :----- without cause or terminate - sus ena, to xerman-~= . unilaterally -..P - -.-_-- ,,-;-..= +itnu-h. don"t automatically allow ' All OT tno=~t: u,,,,.~-~ .... ;, · ..... with cause. _ .-- :- ~.~. kv;v~flinfl in someone e;se '~' '""="'= '--.. - -----, --~ -~-*ractual oDerauofl xo oo. ~ ,/,~....~1 ~-' manpower aflQ IOglSxlCa~ Page 20 March 30, 2001 There are those called fail safe or protective elements in thi contract, as we have in ,,a. II major capital improvement co COMMI$SI(~NER MAC KIE: Would tha' :--' '- - ?tracts. · . . L jus~ De Too - co~sld,.r t,4kir:g to this contractor about? mu,.h t~) MR. MUDD: T~his is not a bad contract. ·You have to understand, th~ ~ ,s not a bad contract. COMMISSIONER MAC'KIE: Okay. MR. MUDD: .And we're not trying to whip him to do his job. We are asking him to speed it up. COMMISSI.ONER MAC'KIE: Okay. MR. MUDD. And we have been asking him to speed it up. The way we changed his perk chart around to move the sludge drawing facility to the back end to get that out of the w keep the liquid train on bo ,~ wm, ....... ._ _ _ ay, to ar_...~,~ ~rasnea his CPM s ' taken the slack out of it for ' _ . __ . , oweve willing to do that. h,m. We ve helped h~m and he's been MR..McNEES: What he's saying is, please doesn't make us change horses. We're ready to roll. · COMMISSIONER MAC'KIE: Commissioner Carter, would you hke me to call the questions since I can see the fa here? ces down CHAIRMAN CARTER: Well, you can see everyone there. I would say call the questlon. COMMISSIONER MAC KIE: I know Commissioner Coletta made a motion. There was a second to it, Commissioner ' Is th.ere, further discussion on the motion~ ~-~ ,~;~ :- ,--.F.~ala. reso,ut,on that Mr. Mudd outlined. · ---..- -.,,= ,= ~or ;ne MR. MUDD: That's right. So that the public utilities .engineering director can execute the change order with project 'ntegration under Contract 99-2908. COMMISSIONER MAC'KIE: All in favor of that motion please say aye. Opposed? (No response.) COMMISSI.ONER MAC'KIE: That passes unanimously. MR. MUDD. The second motion that I need is to approve the necessary budget amendment to transferS600,000 from the project 73948, which is the north sewer deep injection well, to this project, which is 73031, the north sewer five millior gallon a day expansion. Source of the funds is impact fees. ~'~:.i~',/.,~ N0. ~ ~ ~1 Page 21 DEC - ~ ~002 Pg._, ~'o March 30, 2001 COMMISSIONER MAC'KIE: Is there a motion? COMMISSIONER HENNING: I'll make that motion. COMMISSIONER MAC'KIE: Is there a second? CHAIRMAN CARTER: I'll second. COMMISSIONER FIALA: Second. COMMISSIONER MAC'KIE: Thank you. Is there discussion on that motion? If not, all in favor please say aye. Opposed? COMMISSIONER MAC'KIE: That passes unanimously. MR. MUDD: Before you you see the Florida Department of Environmental Protection consent order and we hit the major points. We will meet them on Monday to talk to them about the south plant extension for the -- excuse me -- for the re-rate of the south plant. We will talk to them about softening their language on the penalties of 10K per day from a will to maybe a may or to a limit of 10K. So that if we do get ourselves in some kind .of a natural disaster or whatever, that they would at least be amenable to consider that process in those days. We will also talk to them about a package plant to see if we can get any leverage with that. Maybe we could get a thirty day push back off of the five million gallon a day plant to push that penalty issue off. We're going to try all of those different things with them to see if we can go anywhere with it. And if they are not willing to go with it, then we'll take that piece off the table. But there -- and you've seen these items before, as far as the consent order is concerned. And the only piece was the penalties that the Commission said, "We don't want to put that on the table yet because we don't want the negotiations with project integration to be held hostage on a 10K per day basis." And I think we were pretty successful to keep that out of there. But at this particular form we are going to need to go back to FDEP. We've asked them -- I've talked to Director Cantrell (phonetic). The other night we had a water symposium here with NBC 2 News. And he was one of the panelists and I talked to him at great length about that. And they aren't very receptive of coming off that penalty. COMMISSIONER MAC'KIE: But, you know, if they could at least give themselves the flexibility to not charge us the Sen~.____/~_ Page 22 ~F_C pg._~'-/ March 30, 2001 grand a day if there were, God forbid, a natural disaster, that would be a Iogica! place for them to go. MR. M~JDD: Yes, ma'a~n. C(~MIV;.ISSIONER MAC'KIE: That could still be t~.tally in their discretiOn if they. wanted to. CI~AII~%IAN CARTER: I think that's why Mr. Mudd is trying to get the word changed to may versus will so that we do have some flexibility there, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Yes, may in their discretion, if that's the best we can get. So do you need a motion from us on the consent order terms? MR. MUDD: We're basically saying, these are the consent order terms that they have laid out. And as far as -- as far as I and Mr. McNees are concerned, these are the worst possible things that could happen to us. This is the upper limit. We would like to have the ability to have the chairman be able to sign that consent order when we get it in to -- over the county line, so that we don't have to waste any time or wait two weeks before the Board meets in order to get that done. COMMISSIONER MAC'KIE: And you'll report back to us at the next Board meeting if we were able to get anything a little bit more, a little bit better? MR. MUDD: Yes, ma'am. MR. McNEES: The only other wrinkle we need to fill in there is for you to authorize, if we get the consent order into final form before the Chairman comes back into town -- which I understand is going to be April the 8th, that if we can get it authorized prior to that, that you authorize the vice chairman to execute it. COMMISSIONER MAC'KIE: So would someone be willing to make a motion to that effect? CHAIRMAN CARTER: I will make that motion, Commissioner Mac'Kie, and authorize you to sign in my absence if it is necessary to do prior to my return to Naples. COMMISSIONER MAC'KIE: Gosh, we hope it is, don't we? Is there a second? COMMISSIONER FIALA: Second. COMMISSIONER MAC'KIE: Second by Commissioner Fiala. Is there any further discussion on the consent form motion? ....... ~i~.?, i* ~'~ If not, all in favor please say aye. ~:o. /$ Page 23 05C - ~ ~0~ p~._ ~' .~___ March 30, 2001 Opposed? (No response.} COMMISSIONER MAC'KIE: That passes unanimously. Are you done with us, Mr. Mudd? MR. MUDD: Yes, ma'am. I am done. Thank you very much. COMMISSIONER MAC'KIE: Thank you very much for continued outstanding work. COMMISSIONER FIALA: Great negotiations with that contract. COMMISSIONER COLETTA: Thank you. CHAIRMAN CARTER: I would also like to say to the Commissioners, in visiting with Dudley Goodlette in Tallahassee, I thanked him again for all his support and efforts in working through this with us at the state level. I believe we have done everything so that it is possible for us to be where we are this afternoon. So he is there, again, saying to us that if at any point in time he can be of assistance in any and all of these matters, he is there to do so. COMMISSIONER MAC'KIE: All right. COMMISSIONER FIALA: Thank you for being up there and representing us, Commissioner Carter. CHAIRMAN CARTER: Well, it was an experience. And I will ~ave a lot of things to share with the Commission when I return. And also the next two days in April that we spend there, the latter part of April, that we'll be having conversations with staff and the Board on how we can be more effective. COMMISSIONER MAC'KIE: Excellent. Is there anything further to come before this Board? CHAIRMAN CARTER: One other thing I would like to raise, Commissioner Mac'Kie. I have received an enormous amount of E-mails from Vanderbilt Beach Group, the beach association. And I have developed some response with Mr. Weigel and community development. And any of you who would like to see any of that feel free. I am continuing to work with those on the opportunities that -- whatever opportunities that we have prior to the Land Development Code presentations in June. They are most upset because we didn't listen to everyone on Tuesday. And I've tried to explain that the feeling in the Board was that -- I believe I read that correctly -- that legal counsel speaking for them gave us an opportunity to clearly under~t~d-.~:.~,,~ Page 24 March 30, 2001 their concerns. Arid while we empathize totally with thr. ir p ~sit~on and wished that ~ve coulg do it differently, we have to stay within the Land Development Cod. es as it is law and try to work out things to the b~.st, f our abilities through the legislative side.. COMMISSIONER MAC'KIE: Okay. I know they will appreciate that. And I appreciate the research because I could use some help responding to all those E-mails myself. CHAIRMAN CARTER: Okay. Well, there's some information there that you all may want to look at it. It's an FYI. COMMISSIONER MAC'KIE: Appreciate that. Anything else? COMMISSIONER HENNING: I just have one thing. COMMISSIONER MAC'KIE: Yes, sir. COMMISSIONER HENNING: Commissioner Carter, we all know that you're up in Tallahassee working for us here in Collier County and I hope that you find some time for family while you're -- in your absence. CHAIRMAN CARTER: Well, I'm planning to do that. And thank you, Commissioner Henning. I am going to be in Atlanta for a couple days helping my youngest son celebrate his 30th birthda~ COMMISSIONER FIALA: Oh my goodness. CHAIRMAN CARTER: You know, that seems pretty young to all of us. But I will tell you, he is saying, "Gee, am I getting old, Dad?" And I said, "No. You've got a long way to go." COMMISSIONER MAC'KIE: A mere babe. Thank you, everybody. CHAIRMAN CARTER: Thank you all. I think it was a great afternoon. And again, my appreciation to Mr. Mudd and Mr. McNees. We have got a wonderful group of people working for us a,d the 'e is not anything that we can't get done. COMMISSIONER MAC'KIE: All right. We'll stand adjourned. Thank you. There being no further business for the good of the County, the meeting was adjourned at 2:55 p.m. DEC --3 Page 25 March 30, 2001 BOARD OF COUNTY COMMISSIONERS JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected · TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE BY: ELIZABETH M. BROOKS, RPR DEC --3 2C~82 Page 26 p,~._ O's" _ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "COLLIER'S RESERVE" OBJECTIVE: To grant final acceptance of the infrastructure improvements 5ssociated with that subdivision known as "Collier's Reserve" CONSIDERATIONS: 1. On December 8, 1993, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Collier's Reserve" 2. The roadway and drainage improvements will be maintained by the projecS'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 MANAGEMENT IMPACT: None DEC 0 3 2002 Executive Summary Collme s Reserve Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Collier's Reserve" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: D~te' John R. Houtdsworth, Engineer Engineering Review REVIEWED BY: " .'~z'~, / · "~" '~f D~% e ~ Thomas E. Nuck, P.E. Engineering Review Director / County Engineer APPROVED BY: r~munitv Dev. and Environmental Svcs. DEC 0 3 2002 pg. Z 1 RESOLUTION NO. 02- 2 $ 4 RESOLUTION TO AUTHORIZE FINAL $ ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, AND WATER AND SEWER 7 IMPROVEMENTS IN COLLIER'S RESERVE, ~ KELEA~.E OF THE MAINq _:NANCE SECUR/TY, 9 AND ACCEPT THF MAINTENANCE 10 RESPONSIBII,ITY FOR THE ROADWAY, ~ 1 DRAINAGE,. AND WATER AND SEWER ~2 IMPROVEMENTS THAT ARE NOT REQUIRED TO '~3 BE MAINTAINED BY 2HE HOMEOWNERS ~ 4 ASSOCIATION. 15 ~6 ~7 '18 WHEREAS, the Board of County Commissioners of Collier County, Florida, on ~9 December 8, 1992 approved the plat of Collier's Reserve for recording; and 20 2'1 WHEREAS, the Developer has constructed and maintained the roadway, 22 drainage, and water and sewer improvements in accordance with the approved plans and 23 specifications and as required by the Land Development Code (Collier County Ordinance 24 No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier 25 County Ordinance No. 97-17); and 27 WHEREAS, the Developer is requesting final acceptance of the roadway, 28 drainage, and water and sewer improvements and re]ease of his maintenance security; and 29 30 ~?I-IEREAS, the Compliance Services Section of the Development Services 3'1 Department has inspected the roadway, drainage, and water and sewer improvements, and 32 is recommending acceptance of said facilities. 33 34 NO~r, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby 36 granted for those roadway, drainage, and water and sexver improvements in Collier's 37 Resem, e, and authorize the Clerk to release the maintenance security. 38 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 40 future maintenance and other attendant costs for roadway, drainage, and water and sewer 4~ improvements that are not required to be maintained by the Collier's Reserve 42 Homeowners Association. 43 44 This Resolution adopted after motion, second and majority vote favoring same. 45 46 47 4~ DATE: BOARD OF COUNTY COMMISSIONERS 4~ ATTEST: COLLIER COUNTY, FLORIDA 50 DWIGHT E. BROCK, CLERK 52 B,': 53 JAMES N. COLETTA, CHAIRMAN 55 58 Approved as to form and legal $~ S3,Lfficienc~: ,~O_WrI~ 60 Pa'i'ri~k G. White DEC 0 6'1 Assistant Collier County Attorney EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CASTLEWOOD AT IMPERIAL" , AND APPROVA~ OF THE STANDARD FORM CONSTRUCTION AlqD MAINTENANCE AGREEMENT AND A~PROVAL OF THE AMOUNT OF. THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Castlewood at Imperial", a subdivision of lands located in Section 14 Township 48 South, Range 25 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 "Castlewood at Imperial". 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 "Castlewood at Imperial" be approved for recording. FISCAL IMPACT: The project cost is $379,875.81 (estimated} to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $220,252.00 b) Drainage, Paving, Grading' - $159,623.81 The Security amount, equal to 110% of the project cost, is $417,863.39 Executive Summary Castlewood at Imperial 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: $7,760.58 Fees are based on a construction estimate of $379,875.81 and were paid in February, 2002. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac)- $ 610.00 b Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $110!.26 Drainage, Paving, Grading (.42% const, est.)- $ 670.42 c Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3303.80 Drainage, Paving, Grading (1.3% const, est.) - $2075.10 GROWTH MA/~AGEMENT 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 STAi~F RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Castlewood at Imperial" for recording with the following stipulations: 1. Approve the amount of $417,863.39 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. DEC 0 3 2OO2 pg. 2 Executive Summary Castl~wood at Imperial P'age 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required imprbvements 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 Date Engineering Review REVIEWED BY: Thomas E. Ku ' . . Da,_e Engineering Review Director, County Engineer APPROVED BY: J} ~'~~t or ?~ ~- Josephh/~. Schmi{~,' Adminis4rat D~te-~ Commh~i~v Development & Environmental Services DEC O 3 2002 EXECUTIVE SUrReY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT EIGHTEEN" OBJECTIVE: TO grant final acceptance of the infrastructure improvements associated with that subdivision known as .."Pelican Marsh Unit Eighteen" CONSIDERATIONS: 1. On April 19, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eighteen" 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 MANAGEMENT IMPACT: None DEC O 3 2002 Executive Summary Pelican Marsh Unit Eighteen Page 2 .... RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Eighteen" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~hn R. Houldsworth, Engineer Date Engineering Review /II/LI Thomas El Kuck, P.E. D~te' Engineering Review Director / County Engineer APPROVED BY: jo~~K.~~~ni s t r at or D//'a t~e~'/~a- unity Dev. and Environmental Svcs. DEC 0 3 '2002 1 RESOLUTION NO. 02- 2 3 4 RESOLUTION TO AUTHORIZE FINAL 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, AND WATER AND SEWER 7 IMPROVEM_ENTS IN PELICAN MARSH UNIT 6 EITHTEEN, RELEASE OF THE MAINTENANCE 9 SECURITY, AND ACCEPT THE MAINTENANCE 10 RESPONSIBILITY FOR THE ROADWAY, 11 DRAINAGE, AND WATER AND SEWER 12 IMPROVEMENTS THAT ARE NOT REQUIRED TO 1 $ BE MAINTAINED BY THE COMMUNITY la DEVELOPMENT DISTRICT. 18 WHEREAS, the Board of County Commissioners of Collier County, Florida, on 19 July 28, 2998 approved the plat of Pelican Marsh Unit Eighteen for recording; and 20 21 WHEREAS, the Developer has constructed and maintained the roadway, 22 drainage, and water and sewer improvements in accordance with the approved plans and 23 specifications and as required by the Land Development Code (Collier County Ordinance 24 No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier 25 County Ordinance No. 97-17); and 26 27 WHEREAS, the Developer is requesting final acceptance of the roadway, 28 drainage, and water and sewer improvements and release of his maintenance security; and 29 30 WHEREAS, the Compliance Services Section of the Development Services 31 Department has inspected the roadway, drainage and water and sewer improvements, and 32 is recommending acceptance of said facilities. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby 36 granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh 37 Unit Eighteen, and authorize the Clerk to release the maintenance security. 38 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 40 future maintenance and other attendant costs for roadway, drainage, and water and sewer 41 improvements that are not required to be maintained by the Pelican Marsh Community 42 Development District. 43 44 This Resolution adopted after motion, second and majority vote favoring same. 45 46 47 48 DATE: BOARD OF COUNTY COMMISSIONERS 49 ATTEST: COLLIER COUNTY, FLORIDA 50 DWIGHT E. BROCK, CLERK 52 By: 53 JAMES N. COLETTA, CHAIRMAN $6 Approved as to form and legal 57 ~u~,iency: 5859 ~'~ ~)?I'^\/: 60 13~'ttqck G. White DEC032002 61 Assistant Collier County Attomey FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR THE PINNACLE @ THE STRAND 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 The Pinncale @ The Strand, 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 16, 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 a Standby Letter of Credit, in the amount of $18,668.00, 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 October 31, 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. DEC 0 3 2002 Pl. I Executive Summary The Pinncale @ The Strand Page Two GROWTH M~NA~EMENT 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 The Pinnacle @ The Strand,'and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Eat~n, Engineering Technician Date Engineering Services REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director APPROVED BY: Jose ". Schmit-~, A~dminis~rat°r Date IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SM413&27C I FTER OF CREDIT AMOUNT I ISSUE DATE I EXPIRY DATE I I 07/31/00 I 07/31/01 I I USD18,6~.O0 " BENEFICIARY' APPLICANT~ THE BOARD OF COUNTY COMMISSIONERS pAR~ER-STRAND IV, INC. COLLIER COUNTY, FLORIDA ~00 ~LADIOLUS DR, STE 250 COLLIER COUNTY COURTHOUSE COMPLEX FT MYERS FL 33~08 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 3311~ ~ENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE A~RE~ATE AMOUNT OF USD 18,6&~.00 WHICH IS AVAILABLE BY pAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWINQ DOCUMENTS~ A STATEMENT PURPORTEDLY SI~NED ~Y AN AUTHORIZED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS STATIN~ THAT' "PARKER-STRAND IV~ INC. HAS FAILED TO CONSTRUCT AND/OR'MAINTAIN THE WATER AND SEWER IMPROVEMENTS AS SHOWN ON THE PLANS FOR THE PINNACLE PROJECT, OR A FINAL INPSECTION SATISFACTORY TO COLLIER COUNTY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. ~7-17~ AS AMENDED, HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY~ AND SA_I~ISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND F 'ALLY ACCEPTED BY THE ~ENEFICIARY." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED ~,UTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT FOR ONE YEAR FROM THE PRESENT DR ANY FUTURE EXPIRY DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE, WE NOTIFY YOU IN WRITIN~ AT THE ABOVE ADDRESS VIA OVERNIGHT COURIER THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD(S). iTHIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. THIS UNDERTAKINO SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, iAMPLIFIED OR INCORPORATED BY REFERENCE TO ANY DOCUMENT OR CONTRACT REFERRED iTC HEREIN. WE H£REBY AOREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF pRESENTED TOGETHER !WITH DOCUMENT(S) AS SPECIFIED ABOVE AND THE ORIGINAL OF THIS CREDIT, AT OUR iOFFICE LOCATED AT 873~ RESEARCH DRIVE, CHARLOTTE, NC ~8~6~, ATTN: STANDBY iLETTER'OF CREDIT DEPARTMENT ON OR BEFORE THE ABOVE STATED EXPIRY DATE. :DRAFT(S-)- DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR CREDIT NUMBER. iEXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, ESTABLISHED BY .THE INTERNATIONAL CHAMBER OF COMMERCE, AS IN EFFECT ON THE DATE ~¢ T~t~A~n~ .. OF THIS CREDIT. DEC O 3 2002 ~UT~ORIZED SIGNATURE FIRST UNION NATIONAL BAN~ ..... ~ .......... EXECUTIVE S~UMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "COACHMEN GLEN" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Coachmen Glen" CONSIDERATIONS: 1. On September 18, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Coachmen Glen". 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 City of Naples. 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 County Transportation Division through their operations and maintenance budget. Water and sewer improvements will be maintained by the City of Naples. GROWTH MANAGEMENT IMPACT: None AOF_NDA ITEM ~._ DEE; O 3 2002 Pg. J Executive Summary Coachmen Glen P~ge 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Coachmen Glen" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~ohn R. Houldsworth, Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. ~at~ Engineering Review Director / County Engineer APPROVED BY: ~:,'~ eph K. S~hm~tt, Ad~iinis~ra~or Da~te/ P~ity Dev. and Environmental Svcs. DEC 0 ~ 2002 £ ~ . RESOLUTION NO. 02- 2 3 4 RESOLUTION TO AUTHORIZE FINAL 5 ACCEPTANCE OF THOSE ROADWAY, 6 DRAINAGE, AND WATER AND SEWER ? IMPROVEMENTS IN COACHMAN GLEN, 6 RELEASE OF THE MAINTENANCE SECURITY, @ AND ACCEPT THE MAINTENANCE 10 RESPONSIBILITY FOR THE ROADWAY, 11 DRAINAGE, AND WATER AND SEWER 12 IMPROVEMENTS THAT ARE NOT REQUTRED TO 13 BE MAINTAINED BY THE HOMEOWNERS · 14 ASSOCIATION. a7 ~8 WHEREAS, the Board of County Commissioners of Collier County, Florida, on 19 October 10, 2000 approved the plat of Coachman Glen for recording; and 20 21 WHEREAS, the Developer has constructed and maintained the roadway, 22 drainage, and water and sewer improvements in accordance with the approved plans and 23 specifications and as required by the Land Development Code (Collier County Ordinance 24 No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier 25 County Ordinance No. 97-17); and 27 WHEREAS, the Developer is requesting final acceptance of the roadway, 28 drainage, and water and sewer improvements and release of his maintenance security; and 29 30 WHEREAS, the Compliance Services Section of the Development Services 3t Department has inspected the roadway, drainage, and water and sewer improvements, and 32 is recommending acceptance of said facilities. :34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby 36 granted for those roadway, drainage, and water and sewer improvements in Coachman 37 Glen, and authorize the Clerk to release the maintenance security. 38 39 BE IT FURTHER RESOLVED AND ORDERED that the County accept the 40 future maintenance and other attendant costs for roadway, drainage, and water and sewer al improvements that are not required to be maintained by the Coachman Glen Homeowners 42 Association. 43 44 This Resolution adopted after motion, second and majority vote favoring same. 45 46 47 a8 DATE: BOARD OF COLrNTY COMMISSIONERS 49 ATTEST: COLLIER COUNTY, FLORDA 50 DWIGHT E. BROCK, CLERK 52 By:. 53 JAMES N. COLETTA, CHAIRMAN $5 $t~ Approved as to form and legal 59 60 Patrick G. White 0~ Assistant Collier County Attomey DEC O 3 2002 EXECUTIVE SUMM~RY FINA~ ACCEPTANCE OF ~TER UTILITY FACILITIES FOR BERMUDA BAY AT BAY FOREST 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 Bermuda Bay at Bay Forest, 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 June 1,1999, 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 Maintenance Bond, in the amount of $6,932.00, 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 October 28, 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. DEC 0 3 2002 Executive Summary Bermuda Bay at Bay Forest Page Two GROWTH MANAGEMENT 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 Bermuda Bay at Bay Forest, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Sherry Ea{o , Engineering Technician Date Engineering Review Services REVIEWED BY: / Thomas E. Kuck, P.E. ~t~ Engineering Review Services Manager APPROVED BY: j rator C?~UNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES attachments DEC 0 3 2002 P~.__ ( The Ohio Casualty Insurance Company 13~ Noflh Third ~.tr~lt. Hamlll~"~. Ohln 4~ KNOW ALL MEN BY THESE PRESENTS, as Principal, and THE OHIO ~SUAL~ INSURANCE COMPAN% e co~om~ion o~a~iz~ un~ the la~ of the State of Ohio, with principal o~c~ at Hamit[~, ~io, ~ Sure~, am held and fi~ly ~nd unto Co]lie~ Count~, F]o~tda (heruinafter called the Obligec), in the penal sum o[_S_[x Thousand Nine Hundred Th[.r'ty T~vo and 05/100 l:hs ........................................ CS 63932.,05 1 Dollars, for the payment of' which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, succes- sors and nssisn$, jointly and severally, firmly by these presents. DATED this 7th . day of , APr i ! 1999 WHEREAS, thesaid Principalhas.inSta[]ed sanitary sewer and potable water lines fnr Bemuda Bay ~ Bay Forrest subdivision, as required by Florida Statutes and Collier Coun[¥ 0rdtnance 97-17. and, WHEREAS, th, work ~f~~~t has now been compleled and accepted by ~id Oblisee; /.~A~O sai~cipal sh~ll, for a p~ri~ o~ NO~ THEREFORE, THE CONDITION OF THIS OBL N IS SUCH, ~at if I (on~) .. ~a,s tram and after the , day o~ ri~l or ~rkm~ship which m~ ~ di~c~ered within th~ p~ti~ ~fo~id, th~ ~is ~lig~tion s~ll ~ r~in in full ~or~ i~d vi,u~ I~ ltw, PROVIDEr HOWEVER, that in the event of any ck~fauit on the part of ~eid Principal, written statement of the particular facts showin$ such default and the date th~eof shall be delivered to the Sureb/by resistered mail. al, its Home Offic~ in the City of Hamillon, Ohio, promptly arid in any event within ten (10) days after the Oblig~ or his representative shall learn of' such default; and that no claim, suit. or action by reason of any default of the Principal shall be brought hereunder after the explration of thirty days from the end of the maintenance period as herein scl forth. THI~t~)H~)~CASUALTY~S~ANCE OMF~NY 5-$77 (11/~'J?l .. ....... .................................................. ....... ........... EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF ,,CAMDEN COVE" OBJECTIVE: To approve for recording the final plat of Camden Cove, a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Camden Cove". 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 "Camden Cove" be approved for recording. FISCAL IMPACT: The Cour.ty 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 ~R%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 0 Executive Summary camden Cove Page 2 HISTORICAL / A/~CHEOLOGICAL ISSUES: There are no historical or archeological issues F2%C RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Camden Cove" with the following stipulations: 1. Authorize the recording of the Final Plat of "Camden Cove." PREPARED BY: John R. Houidsworth, Engineer Date Engineering Review REVIEWED BY: ,-, I R' Thomas E. Kuck, P.E. D~te Engineering Review Director / County Engineer APPROVED BY: Joseph,. SchmiEt,'Administrat ~ate Co~/~ Dev. and Environmental Svcs. A~A I~ DEC 0 3 2002 I ::::::::::::::::::::::::::::::::::::::: Sheet 1 of 2 AVESMT2002-AR2766 EXECUTIVE SUMMARY PETITION AVESMT2002-AR2766 TO VACATE, RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate, renounce and disclaim any rights acquired by the County in the above-described instruments purporting to convey public road right of ways, drainage easements and utility easements. CONSIDERATIONS: Petition AVESMT2002-AR2766 has been received by the Engineering Services Department from Lane Wood, Esq., of Quarles & Brady, LLP, as agent for the petitioner, Meridian Land Co., requesting the vacation of various road right of ways, drainage easements and utility easements as referred to in the documents recorded in the Official Records of Collier County, Florida, as follows: Official Official Official Official Records Page Records Page Records Page Records Page 191 185 382 827 390 108 232 111 ~_..~ 337 576 383 486 392 378 232 113 340 242 388 447 390 111 2118 2199 343 563 388 193 392 370 1103 1749 350 356 392 386 390 104 1146 494 382 592 389 698 398 626 237 944 382 595 389 702 405 624 237 942 382 733 392 382 405 627 These road right of ways, drainage easements and utility easements are generally described in the documents as "... for road fight of way and drainage easement" and "a utility easement over, across, through a d under those lands .... "The Petitioner has not found evidence to show that Collier 12 ,unty has formally accepted these road right of ways, drainage easements and utility easements. Neither roads, drainage nor utilities have been constructed within these right of ways. The Petitioner is developing this acreage under the Madeira P.U.D. Letters of no objection have been received from the following Collier County Departments: Transportation, Public Utilities, Engineering Services, Stormwater Management, Sheriff and North Naples Fire Control. Letters of no objection were also received from Florida Power and Light, Sprint and Comcast. This Executive Summary was approved by Greg Garcia in Transportation on November 1 , and by Jacquelyn Johnson in Public Utilities on October 23, 2002. Zoning is P.U.D DEC 0 3 2002 Sheet 2 of 2 AVESMT2002-AR2766 FISCAL IMPACT: Engineering 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: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2002-AR2766 to vacate the County's interest in the above-described road right of ways, drainage easements and utility easements; 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: lT~',e-.,~-_ ~=-'t~ DATE: tl-/~-o~ Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director APPROVED BY~,ph K. Sch~itt: Adminis{rator DATE: /'~//F~/o 2~ ~/6mmunity Development & Environmental Services N~,C~A ~ DEC 0 3 2002 1 RESOLUTION NO. 2002- 3 4 RESOLUTION FOR PETITION AVESMT2002-AR2766 TO VACATE, 5 RENOUNCE AND DISCLAIM EASEMENTS RECORDED IN SEPARATE 6 INSTRUMENTS IN THE PUBLIC RECORDS OF COLLIER COUNTY, 7 FLORIDA. LOCATED IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 8 EAST, COLLIER COUNTY, FLORIDA. 9 10 WHEREAS, pursuant to Sections 125.01(0, Florida Statutes, Lane Wood, Esq., of 11 Quarles & Brady, LLP, as agent for the petitioner, Meridian Land Co., does hereby request the 12 Board of County Commissioners to vacate, renounce and disclaim those alleged easements for 13 Public Road Right of Ways, Drainage Easements and Utility Easements set forth below over and 14 across portions of Section 24, Township 48 South, Range 25 East, Collier County; and 15 WHEREAS, the alleged easements for Public Road Right Of Ways, Drainage Easements 16 and Utility Easements appear in Deeds recorded in the Public Records of Collier County, Florida 17 at the following listed citations: 18 19 Official Official Official Official Records Page Records Page Records Page Records Page .... 191 185 382 827 390 108 232 111 337 576 383 486 392 378 232 113 340 242 388 447 390 111 2118 2199 343 563 388 193 392 370 1103 1749 350 356 392 386 390 104 1146 494 382 592 389 698 398 626 237 944 382 595 389 702 405 624 237 942 382 733 392 382 405 627 2O 21 22 ;and 23 WHEREAS, the granting of Petitioner's request will not adversely ~ feet the ownership 24 or right of convenient access of other property owners; and 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests, 27 if any, over and across the alleged Public Road Right Of Ways, Drainage Easements and Utility 28 Easements more particularly described in the above listed Deeds incorporated as if set forth A ~r.i~A ITEMr-~ ~ 29 herein, are hereby vacated, extinguished, renounced and disclaimed. N~. !(0.i~ ~ DEC 0 3 2002 Pi. 30 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record 31 a certified copy of this Resolution in the Official Records of Collier County, Florida. 32 This Resolution is adopted this day of ,2002, 33 after motion, second and majority vote favoring same. 34 35 36 37 38 39 DATED: 40 ATTEST: BOARD OF COUNTY COMMISSIONERS 41 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 42 43 44 BY: 45 Deputy Clerk James N. Coletta, Chairman 46 47 48 49 50 51 52 53 Approved as to form and legal 54 ,~ufficiency: 57 58 Patrick G. White, Esq. 59 Assistant County Attorney DEC 0 3 2002 Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS ,c.~,,~,- , Petition #: Date Received: ~.~,, .~ .r~:'~ {/(--,. ' ...... ~ Petitioner (Owner): Meridian Land Co., an Illinois Corporation Address: 10001 Tamiami Trail N. Telephone: (941) 593-3102 City/State: Naples, Florida Zip Code: 34108 Agent: Leo J. Salvatori, Esq./Quarles & Brady, LLP Address: 4501 Tamiami Trail N., Suite 300 Telephone: (941) 262-5959 City/State: Naples, Florida Zip Code: 34103 Location of Subject Property: West side of Livingston Road (CR 880), approximately % miles north of Immokalee Road (CR 846). Location: Section 13 & 24 Township 48S Range 25E Official Record Book 237 Page (s) 942, 944 Current Zoning: PUD Does this affect density? No Legal Description: See Exhibit "A" attached hereto Reason for Request: See Exhibit "B" attached hereto for reason for request and statement explaining the general public benefit received from the proposed vacation. I hereby authorize Agent above to represent me for this petition: IXIYes [] No (Corporate Seal) Meridian Land Co., an Illinois corporation /.4' /_ S i g n ht/u r't~o f-~titio n e r Date Clay O. Winfield Vice-President Print Name (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate }2nstrume t" 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 DEC 0 3 2002 P~. STATEMENT OF CORPORATE OFFICERS AND SHAREHOLDERS I hereby certify the following to be a tree and complete statement of the officers and shareholders of Meridian Land Co., an Illinios corporation qualified to do business in the state of Florida: NAME POSITION Timothy Kaiser Shareholder, Director, President and Treasurer Clay O. Winfield Shareholder, Director, Vice-President and Secretary SIGNATURE: (Corporate Seal) Meridian Land Co., an Illinois corporation By: Cr'I/~ ~. '~nf-~ld, as Vice-President DEC 0 3 2002 QBNAP'~353594.1 Pg' ~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt fTrans Number Date Post Date Payment Slip Nbr 341732 6/27/2002 8:34:00 AM 6/27/2002 AR 2766 Appl Name: QUARLES & BRADY, LLP Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: LEO J. SALVATORI, ESQ. 4501 TAMIAMI TRAIL N. #300 NAPLES FL 34103 Proj Name: MADIERA Type: TAZ: Subdiv Nbr: 100 Project Nbr: 19990010 Payor: QUARLES & BRADY Fee Information fFee I GL Account Amount Waived 12TRvcCOde DescriptionREVACCT/VAC EASEMENT-ROW 110116361032910000000 , $1000.00, Total l $1o0o.0oj Payments Code Account/Check Number I Amount Payment CHECK 23321 / $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000.00 I Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G DEC 0 3 2002 Collier County Board of County Commissioners Printed:6/27~2002 8:34:27 AM CD-Plus for Windows 95/NT EXHIBIT "A-I" LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER A PARCEL OF LAND LOCATED IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING; 'ITIENCE CONTINUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W ! 050.28'TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST ~A OF THE SOUTHEAST ¼ OF SECTION 13, N00°05'58"W 1344.31', TO THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ~A OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST 'A OF THE SOUTHEAST ¼ OF SECTION 13; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF TI-IE SOUTHEAST % OF SECTION 13, S00009'32"E 1345.82', TO THE NORTH LINE OF SECTION 24; ~CE ALONG THE NORTH LINE OF SECTION 24, S88°43'17W 662.04', TO THE EAST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTHEAST ¼ OF THE NOR~ST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, S00°l I'01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ~A OF SECTION 24, S88°45' 1 I"W 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH ~A OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N00°10'55"W 331.32', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°39'45"W 365.20', TO THE WEST LINE OF THE NORTHEAST ~A OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTH3N'EST ¼ OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, S00°II'10"E 1630.19', TO A POINT ON THE WEST LINE OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, 25.00' NORTH OF THE SOUTH LINE OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE LEAVING SAID WEST LINE N88°52'46"E 411.84'; THENCE N01°08'40"W 165.07'; THENCE N88°52'46"E 252.98', TO A POINT ON THE EAST LINE OF THE NORTH ½ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH ~ OF THE NORTH'¥EST !/; OF THE SOUTI.rEAST !/~ OF THE NORTHV, rEST¼ OF S.ECTION 24; S00°16'49"E ! 89.95' TO THE SOUTH LINE OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N88°55'04"E 662.3 I' TO THE EAST LINE OF THE NORTH ½ OF THE NORTHEAST 'A OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE.OF THE NORTH ~A OF THE NORTHEAST ¼ OF THE SOUTHEAST ~A OF THE NORTHWEST ¼ OF SECTION 24, N00°17'12"W 332.15', TO THE SOUTH LINE OF THE SOUTHEAST ~A OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 'A OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH ½ OF TI-IE SOUTHEAST '/- NORTHEAST ¼ OF THE NORTHWEST 'A OF SECTION 24; THENCE ALONG THE WE', .t L~A-IT~ THE SOUTH ~ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NORTH'~ ~ES'Ig~ OF SECTION 24, N00°II'01"W 331.48', TO THE NORTH LINE OF THE SOUTH OF THE DEC 0 3 2002 Page I of 2 QBNAPL353551.1 SOUTHEAST ¼ OF THE NORTHEAST i/~ OF THE NORTHWEST ~ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH ~ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF THE NOKTHWEST ¼ OF SECTION 24, N88°45'59"E 662.05', TO THE EAST LINE OF THE SOUTH ~ OF THE SOUTHEAST ¼ OF THE NORTHEAST IA OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHEAST i/~ OF THE NORTHWEST ¼ OF SECTION 24, S00°I I'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST 1/~ OF THE NORTHEAST l/~ OF SECTION 24~ THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH ½ OF THE SOUTHWEST ~A OF THE NOR.~ST ~ OF THE NORTHEAST ¼ OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SO--ST ~/~ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ~ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ~ OF THE NORTHWEST ¼ OF THE NORTHEAST IA OF SECTION 24, N00°I0'0T'W 167.07', TO THE NORTH LINE OF THE SOUTHWEST 1/~ OF THE SOUTHEAST I/~ OF THE NORTHWEST ~ OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ~/~ OF SECTION 24, NS$°54'I2"E 331.17', TO THE EAST LINE OF THE SOUTHWEST i/~ OF THE SOUTHEAST I/~ OF THE NORTHWEST IA OF THE NORTHEAST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ~/~ OF SECTION 24, S00o07'36"E 331.88', TO THE SOUTH LINE OF THE NOR~ST i/~ OF THE NORTHEAST 1/~ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NOR.~ST ~/~ OF THE NORTHEAST ¼ OF SECTION 24, AND THE SOUTH LINE OF THE NORTHEAST i/~ OF THE NORTHEAST ¼ OF SECTION 24, N88°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLOP.IDA POWER & LIGHT EASEMENT, RECOR.DED IN O.~ BOOK 460, PAGE 728; THENCE ALONG THE EAST LINE OF A 125' WIDE FLOR.IDA POWER & LIGHT EASEMENT, RECOR.DED IN O.R. BOOK 460, PAGE ?28, N00°0?'04"W 1330.87', TO THE POINT OF BEGINNING. LESS AND EXCEPT PARCEL "A" MOR.E PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER. COUNTY, FLORIDA, THENCE S00°I I'08"E 331.84 FEET, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SECTION 24, TO THE NORTH LINE OF THE NOR.TH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24; THENCE S$8°44'43"W 373.91 FEET, ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TO THE POINT OF BEGINNING; THENCE SI 1°44'43"E 153.25 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE; THENCE 90.49 FEET ALONG SAID NON-TANGENT CURVE, CONCAVE TO THE NOR.TH, WITH A RADIUS OF 270.00 FEET, AND BEING SUBTENDED BY A CHOKD WHICH BEARS S80°12'54"W 90.07 FEET, TO A POINT OF TANGENCY; THENCE S89°48'59"W 60.94 FEET; THENCE N00°I I'01"W 165.16 FEET; THENCE N89°48'59"E 119.03 FEET; THENCE S11°44'43"E 18.72' TO THE POINT OF BEGINNING. SUBJECT TO A 20 FOOT WIDE LAKE MAINTENANCE EASEMENT ALONG THE SOUTHERLY BOUNDARY LINE. THIS PARCEL CONTAINS 0.50 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECOKD. AC.~.hlDA ITF..~ C OVERALL PARCEL CONTAINS I49.56 ACRES MOKE OR LESS. ~ ! ~.. ~ SUBJECT TO EASEMENTS, RESTPUCTIONS, AND RESER.VAT ONS OF RECOP D DEC D 3 200k p~g¢ 2 of 2 pg. [0 REASON FOR PROPOSED VACATION AND STATEMENT EXPLAINING THE GENERAL PUBLIC BENEFIT TO BE DERIVED THEREFROM Reason for Request: The approved planned unit development project known as Madeira PUD (Collier County Ordinance No. 2000-80) is located on the west side of Livingston Road (County Road 880), approximately ~ miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. Madeira PUD consists of approximately 150 acres of land consolidated from the purchase of approximately 30 different un-platted parcels of land from more than 20 different owners. In the past, certain predecessors in the chain of title to Madeira PUD made fragmented attempts to provide for infrastructure and easements serving the area, but to little or no avail. Despite the recording of various (and sometimes dubious) instruments referencing dedications, rights of way and drainage and utility easements, little or no progress has been made in that regard other than the construction of two private driveways serving properties which are now either (1) wholly owned by the Petitioner and located within the boundaries of Madeira PUT) or (2) owned by a private party, but held subject to a recorded easement exchange agreement between the Petitioner and the private party owner whereby the private party owner has released all rights in and to existing dedications, easements and rights of way benefiting the owner or the owner's land, in exchange for replacements of the same platted in connection with the development of Madeira PUD. Copies of the recorded easement exchange agreements between the Petitioner, Meridian Land Co., and these private party owners, Mrs. Annette C. Winn and John and Karen Dwyer, respectively, are enclosed for reference and attached as Exhibits "C" (Winn) and "D" (Dwyer) hereto. The Petitioner is therefore requesting that all heretofore existing rights of way, easements and dedications within Madeira PUD be vacated to the extent the same potentially conflict with the roads, utilities and drainage plans approved or planned for Madeira PUD. Statement Explaining General Public Benefits: The two principle benefits to be realized by the general public as a result of the proposed vacation are (1) increased tax revenues and (2) greater consistency in development. Collier County wlii enjoy increas d tax revenues both from vacated areas going back onto the Collier County tax rolls, and frt 'n appreciation in the assessed value of properties developed in accordance with the approved master plan for Madeira PUD. This will also lead to greater consistency in development in that old rights of way, easements and dedications which might otherwise conflict with the approved PUD master plan will now be eliminated and replaced with a uniform set of rights of way, easements and dedications as described on the plat of Madeira PUD. It is also consistent with the agreement reached between the Petitioner and the South Florida Water Management District ("SFWMD") during the permitting process to restrict impediments to the natural flow-ways running through Madeira PUD. Existing ri,~ bt.q-of-way if' . developed, could therefore conflict with SFWMD permitting requ}rements. Thus, n requested vacation is necessary for proper development of Madeira PUD as ap: Collier County Board of County Commissioners and SFWMD. ................... DEC 0 3 20112 QBNAP~353602.3 Writers Dke~ Dial: ~923 ~rl~.~m WHteKs ~mct F~: 2~949 E-Mall: ~quaHes,~ September 24, 2002 VIA FACSIMILE TO 213-5815 & US MNL Mr. Grego~ Garcia Collier Coun~ TmnspoAation Department. 3301 Tamiami Trail East Naples, FL ~102 RE: Petition to Vacate Possible Rights.f-Way, Easements & Dedications Dear Mr. Garcia: Our fi~ represents Meridian Land Co. ('Meridian"). owner of the lands sub~t to Collier Couniy Planned Unit Development Ordinan=e No. 2000~0. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is lo.ted on the west side of Livingston Road (Coun~ Road 880). approximately % miles no~h of Immokalee Road (County Road 846), in Se~ions 13 and 24 of Township 48 Sou~. Range Z5 East in Collier County. A legal description and a general vicini~ sketch of the project were previously fo~arded for your reference. By way of background, Madeira PUD consists of almost 150 acres of land, but was assembled from · e purchase of approximately 30 different parcels of un-platted land from more than 20 different owners. Prior to approval of Collier Coun~ Ordinance No. 2000~0, Madeira PUD lands were zoned primarily for RSF- 3 and Agricultural purposes. This divemi~ in prior ownership and zoning appears to have spawned fractured affempts over the years to provide for infrastructure and easements in ~e area, as evidenced by certain recorded inst~ments and related references, but ~e vast majori~ of those inst~men~ and referenc~ are ineffect~e on ~eir face. NeveAheless, to alleviate the concern that an old easement, Hght-of-way or dedication might exist which could potentially inteEere with development of Madeira PUD as approved by Collier County, our client has asked us to as[,ist in the preparation and subml~al of appropriate vacation petitions to crear any questionable matters of record. Your consent and approval is necessa~ to do this and, ~us, our client has agreed (and does hereby covenant to you) to record a suitable plat in confo~i~ wi~ the Collier County Land Development Code to supply appropriate replacement easements, rights-of-~y and dedications ~r use by all public se~ice and util~y providem in lieu of arising [hat might be wiped out during ~e vacation process. Therefore, if ~e same is acceptable ~o ~u, please sign this leffer In the space provided below and fax your reply to us immediately at 43~949. ~ course, please do not hesitate to contact us by telephone at 4~- ~923 if you should have any questions or ~mm=n~ or n=~ fu~er assistance. We thank you ~n advance for you~ prompt consideration and attention to t~is ia~er. RespecEully, QUARLES & BRADY LLP C. Lane Wood By: DEC 0 3 2002 SEP 11 2002 11:37 FR QUARLES BRADY LLP 941 454 4939 TO 92132916 P. O4/D4 C. Lane Wood eO " Jr}ti 21 ?14 12:1 3 ~ ~1.262.5959 ~, I~ (~ Wr~er'e Direct Dial: 239~3~923 F~ ~l.4.~A~ ~i~dM~ Writer's Direct Fax: 239~949 E-M~h cw2~quarles.com June 21, 2002 VIA COURIER DELIVERY Roy Anderson, Director Public Utilities Division 330~ E. Tamiami Tr., Bldg. H Naples, FL 34112 RE: Pe~on ~o Vacate Possible Rights-of-Way, ~sements & Dedications Dear Mr. Anderson: Our firm represents Meridian Land Co. ('Meridian"), owner of the lands subjec~ to Collier County Planned Uni~ Development Ordinance No. 2000-80. Said lands =re commonly referred to as ~Madeira PUD' and are scheduled for developmen~ es a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (Counw Road 880), approximately % miles no~h of lmmokaZee Road {CounW Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains e legal description and general viciniW skezch of the projec~ for your convenience. By way of background, Madeira PUD consists of almost 150 acres of land, bu~ wes assembled from ~he purchase of approximately 30 diffe~en~ parcels of un-pla~ed land from more ~han 20 different owners. Prior ~o approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears have spawned fractured a~emp~s over ~he years ~o provide for infrastructure and easements in ~he area. as evidenced by certain recorded instruments and relazed references, bu~ the vast majoriW of ~hose instruments and references are ineffective on ~heir face. Neve.Aheless, ~o alleviate ~he concern tha~ an old easemenL righzmf-wey or dedication mighz exis~ which coutd potentially inzeHere wi~h development of Madeira PUD as approved by Collier County, our clien~ has asked us ~o ~ssist in the preparation and submittal of appropriate vacation petitions ~o clear any questionable ma~ers of record. Your consent and approvM is necessary ~o do ~his and, ~hus, our client has agreed (and does hereby covenan~ To you) to record a suitable plat in conformiW with the Collier Counw Land Development Code to supply appropriate replacemen~ easements, rights-of-way and dedications for use by all public service and utility providers in ~ieu of anything that might be wiped ou~ durin~ the vaca[ion process. Therefore, if the same is acceptable ~o you, please sir ~ duplicate oriqlnals of this le~er (in ~he space provided below and again on the addidongl enclo= ,d copy). We are enclosing for your convenience a prepaid return envelope for use in returning bod~ signed copies, but would ask in addition that you fax your reply to us a~ 43~949 before mailing so we will no~ con~ac~ you with unnecessary reminders. Of course, please do not hesitate to contacz us by telephone at 434-4923 if you should have any questions or commen~s or need fu~her assistance. We thank you in advance for your prompt consideration and attention ~o this matter. Respectfully, OUARLES & BRADY LLP ~. k~ne Wood I have no objection to the proposed vacation as set fa~h herein above. DEC 0 3 ~ LL? Suite 300 Phoenix and Tucson, Arizona Naples, Florida 34103-3060 Naples and Boca Raton, Florida C. Lane Wood Tel 941.262.5959 Chicago, Illinois (Quarles &Bra~yLLC) Writer's Direct Dial: 239-434-4923 Fax 941.434.4999 Milwaukee awdMadison, Wisconsin Writer's Direct Fax: 239-434-4949 www. qttarles.com E-Mail: cw2@quarles.com June 4, 2002 VIA COURIER DELIVERY John R. Houldsworth, Sr. Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition to Vacate Possible Rights-of-Way, Easements & Dedications Dear Mr. Houldsworth: Our firm represents Meridian Land Co. ("Meridian"), owner of the lands subject to Collier County Planned Unit Development Ordinance No. 2000-80. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (County Road 880), approximately % miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains a legal description and general vicinity sketch of the project for your convenience. By way of background, Madeira PUD consists of almost 150 acres of land, but was assembled from the purchase of approximately 30 different parcels of un-platted land from more than 20 different owners. Prior to approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears to have spawned fractured attempts over the years to provide for infrastructure and easements in the area, as evidenced by certain recorded instruments and related references, but the vast majority of those instruments and references are ineffective on their face. Nevertheless, to alleviate the concern that an old easement, right-of-way or dedication might exist which could potentially interfere with development of Madeira PUD as approved by Collier County, our client has asked us to assist in the preparation and submittal of appropriate vacation petitions to clear any questionable matters of record. Your consent and approval is necessary to do this and, thus, our client has agreed (and does hereby covenant to you) to record a suitable plat in conformity with the Collier County Land Development Code to supply appropriate replacement easements, rights-of-way and dedications for use by all public service and utility providers in lieu of anvthing that might be wiped out during the vacation process. Therefore, if the same is acceptable to you, please sign dupli~ ~te originals of this letter (in the space provided below and again on the additional enclosed cop. ~. We are enclosing for your convenience a prepaid return envelope for use in returning both signed copies, but would ask in addition that you fax your reply to us at 434-4949 before mailing so we will not contact you with unnecessary reminders. Of course, please do not hesitate to contact us by telephone at 434-4923 if yoJ should have any questions or comments or need further assistance. We thank you in advance for your prompt consideration and attention to this matter. Respectfully, QUARLES & BRADY LLP , "" A~A ITEJ~ ~'-C. Lane ~'0od DEC 0 3 2002 I have no objection to the proposed vacation as set forth herein above. P~. COLLIER COUNTY GOVERNMENT ELT_ORMWATER MANAGEMENT DEPAR.TMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) 732-2501 FAX: (941) 659-5790 J'une 26, 2002 Mr. C. Lane Wood Quarles & Brady LLP 4501 Tamiami Trail North Naples, Florida, 34103 Subject: Villages of Madeira Vacation of Existing Easements Letter of No-Objection Dear Mr. Wood: The Collier County Stormwater Management Department has reviewed the information provided to vacate a series of fights of way, drainage easements, access and utility easements, on a property known as Madeira PUD. The existing easements are not being utilized by this Section, therefore, the Stormwater Management Section has no-objection to the vacation of these easements. If you have any questions regarding this matter, do not hesitate to contact me. .llrlTC. Adarme$ Minor, P.E. Engineer, Senior JCAM/jcam / CC:RobenC. Wilcy, P.E., P.rincipal Project Manager, Stormwater Management Section [ DEC 0 3 2002 Reading File F:\ Easement Vacation\ Vfllage~ of Ma&ira ~ PS. l0 SEP 11 2002 11:57 FR QURRLES BRADY LLP 941 434 4959 TO ~~Ori[[ '~ SHERIFF DON HUNTER,, ,'CO~'UER, , COUNTY, , 3301 Tamlami Trail East, $1dg- J, Naples, FL 34112 (941) 77~-~34. www,colliersherllf, org July l0,2002 Mr. C. Lane Wood Quarles 8; Brady LLP Suite :300 4501 Tamiami Trail North Naples, Florida 34103-3060 RE: Petition to Vacate Possible Rights-of-Way, Easements & Dedications, on lands commonly referred to as the "Madeira PUD" Dear Mr. Wood: Staff~ r~view~d your request for a letter of"No Objection" for the Madeira PUD. The vacations are as described in your letter of June 4, 2002. We understand that the fight-of-ways are old, ..... conflicting, and in some cases ineffective on their face due to the number of different parcels combined in the Madeira PUD. The Sheriffs Ofl~.e reviews these requests to detenuine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:gy:dv A~A ~ --' DEC 0:3 2002 "The duty of the Collier County Shedff's Office i$ to preserve nu protect the lives, property and constitutional guarantees of all ~erson$." ~ LL? Suite 300 Phoenix and Tucson, Arizona Naples, Hodda 34103-3060 Naples and Boca Raton, Florida Tel 941.262.5959 Chicago, II~ino~ (Quarles & C. Lane Wood Fax 941.434.4999 Milwaukee and Madison, Wisco: Writer's Direct Dial: 239-434-4923 Writer's Direct Fax: 239-434-4949 ww~:quarles.com E-Maih cw2@quarles.com June 4, 2002 VIA COURIER DELIVERY Carl Reynolds, Fire Marshall North Naples Fire Control District 1885 Veterans Park Drive Naples, FL 34110 RE: Petition to Vacate Possible Rights-of-Way, Easements & Dedications Dear ~.!r. Reynolds: Our firm represents Meridian Land Co. ("Meridian"), owner of the lands subject to Collier County Planned Unit Development Ordinance No. 2000-80. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (County Road 880), approximately 3/, miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains a legal description and general vicinity sketch of the project for your convenience. By way of background, Madeira PUD consists of almost 150 acres of land, but was assembled from the purchase of approximately 30 different parcels of un-platted land from more than 20 different owners. Prior to approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears to have spawned fractured attempts over the years to provide for infrastructure and easements in the area as evidenced by certain recorded instruments and related references, but the vast majority of those instruments and references are ineffective on their face. Nevertheless, to alleviate the concern that an old easement, right-of-way or dedication might exist which could potentially interfere with development of Madeira PUD as approved by Collier County, our client has asked us to assist in the preparation and submittal of appropriate vacation petitions to clear any questionable matters of record. Your consent and approval is necessary to do this and, thus, our client has agreed (and does hereby covenant to you) to record a suitable plat in conformity with the Collier County Land Development Code to supply appropriate replacement easements, rights-of-way and dedications for use by all public service and utility pre,,iders i~ !ieu ~f .~nythino that might be wi~ed out during the vacation process. Therefore, if the same is acceptable to you, please sign duplicate originals of this letter (in the space provided below and again on the additional enclosed copy). We are enclosing for your convenience a prepaid return envelope for use in returning both signed copies, but would ask in addition that you fax your reply to us at 434-4949 before mailing so we will not contact you with unnecessary reminders. Of course, please do not hesitate to contact us by telephone at 434-4923 if you should have any questions or comments or need further assistance. We thank you in advance for your prompt consideration and attention to this matter. i AGENDA ITEk~ Respectfully, ~- No. J//gA QUARLES & BRADY LLP [.: C. Lane Wood P,. 18 I have no objection to the proposed vacation as set forth herein above. - By: ":~Z..t~: ' . ,'- ~/,~ '-; Print Name/Title:/-~:]¢ . '*/.. ~ //'¥ ~ ',~.,. 06/12/02 11:41 F.~_X [~001 ~ LLP Suite 300 Phoenix anat lb, cson, Arizo~a Naples, Honda 34tO3-3060 Naples and Boca Raton, Florida Tel 941.262.5959 Chicago, lllinoi~ (Quarle~ & Brady LLC) C. Lane Wood Fax 941.434.4999 Milwaukee a~tdMadison, W't~o~t~'n Writer's Direct Dial: 239-434-4923 x&q~v, quarles, c~m Writer°s Direct Fax: 239-434-4949 E-Maih cw2~q~Jarles.corn June 4, 2002 VIA COURIER DELIVERY J. W. White, Construction Services Florida Power and Light Company 4105 1 5t~ Avenue SW Naples, FL 34116 RE: Petition to Vacate Possible Rights-of-Way, Easements & Dedications Dear Mr. White: Our firm represents Meridian Land Co. ("Meridian"), owner of the lands subject to Collier County Planned Unit Development Ordinance No. 2000-80. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (County Road $80), approximately ¥~ miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains a legal description and general vicinity sketch of the project for vour convenience. By way of backgrounct, Madeira PUD consists of almost 1 50 acres of land, but was assembled from the purchase of approximately 30 different parcels of un-platted land from more than 2.0 different owners. Prior to approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears to have spawned fractured attempts over the years to provide for infrastructure and easements in the area, as evidenced by certain recorded ins[ruments and related references, but the vast majority of those instruments and references are ineffective on their face. Nevertheless, to alleviate the concern that an old easement, r~ght-of-way or dedication might exist which could potentially interfere with development of Madeira PUD as approved by Collier County, our client has asked us to assist in the preparation and submittal of appropriate vacation petitions to clear any questionable matters of record. Your consent and approval is necessary to do this and, thus, our client has agreed (and does hereby covenant to you) to record a suitable plat in conformity with the Collier County Land Development Code to supply appropriate replacement easements, rights-of-way and dedications for use by all public service and utility provioers in lieu of anything that might be wiped out durin§ the vacation process. Therefore, if the same is acceptable to you, please sign duplicate originals of this letter (in the space provided below and again on the additional enclosed copy). We are enclosing for your convenience a prepaid return envelope for use in returning both signed copies, but would ask in addition that you fax your reply to us at 434-4949 before mailing so we will not contact you with unnecessary reminders. Of course, please do not hesitate to contact us by telephone at 434-4923 if you should have any questions or comments or need further assistance. We thank you in advance for your prompt consideration and attention to this matter. Respectfully, AGENOA QUARLES & BRADY LLP N~~ C. Lane Wood I have no objection to the propnsed vacation as set forth herein above. P~. By:~~~ Print Nam e/Tit la: J ~'/~E~I/~ ~UN 12 20~2 12:42 P~GE.01 ~ LLP Suite 300 Phoadx and Tucson, Arizona Naples, Hodda 34103-3060 Naples and Boca Raton, Florid~ C. Lane Wood Tel 941.262.5959 Chicago, IEinois (Quarles & Braay LL Writer's Direct Dial: 239-434-4923 Fax 941.434.4999 Milwaukee and Madt~on, Wisconsin Writer's Direct Fax: 239-434-4949 ~v. quartes.corn E-Maih cw2@quarles.com June 4, 2002 VIA COURIER DELIVERY Jake Swaninger, E & C Manager Sprint United Telephone -- Florida 3940 Propspect Ave., Unit 101 Naples, FL 34104 RE: Petition to Vacate Possible Rights-of-Way. Easements & Dedications Dear Mr. Swaninger: Our firm represents Meridian Land Co. ("Meridian"), owner of the lands subject to Collier County Planned Unit Development Ordinance No. 2000-80. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (County Road 880), approximately % miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains a legal description and general vicinity sketch of the project for your convenience. By way of background, Madeira PUD consists of almost 150 acres of land, but was assembled from the purchase of approximately 30 different parcels of un-platted land from more than 20 different owners. Prior to approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears to have spawned fractured attempts over the years to provide for infrastructure and easements in the area, as evidenced by certain recorded instruments and related references, but the vast majority of those instruments and references are ineffective on their face. Nevertheless, to alleviate the concern that an old easement, right-of-way or dedication might exist which could potentially interfere with development of Madeira PUD as approved by Collier County, our client has asked us to assist in the preparation and submittal of appropriate vacation petitions to clear any questionable matters of record. Your consent and approval is necessary to do this and, thus, our client has agreed (and does hereby covenant to you) to record a suitable plat in conformity with the Collier County Land Development Code to supply appropriate replacement easements, rights-of-way and dedications for use by all public service and utility providers in lieu of anything that might he wiped OtJt during the vacation process. Therefore, if the same is acceptable to you, please sign duplicate originals of this letter (in the space provided below and again on the additional enclosed copy). We are enclosing for your convenience a prepaid return envelope for use in returning both signed copies, but would ask in addition that you fax your reply to us at 434-4949 before mailing so we will not contact you with unnecessary reminders. Of course, please do not hesitate to contact us by telephone at 434-4923 if you should have any questions or comments or need further assistance. We thank you in advance for your prompt consideration and attention to this matter. Respectfully, AGEi'~A QUARLES & BRADY LLP N~ ./~OA ~'~ /2 " .... DEC O 3 2002 I C. Lane Wood I have no objection to the proposed vacation as set forth herein above. By: ,¢~~--~/'~¢~ Print Name/Title: ~ ~ LLP Suite ~00 P~z~ an~ T~, A~zo~ N~pl~, Rod~ ~410~-~ Napes ~ ~ Raton, Hori~ Tel 941.262.5959 Chi~, l~i~ (~r~s & Br~' ~C) C. Lane Wood F= ~1.4~.4~ Milwau~ a~M~on, W~comin Writer's Direct Dial: 239-434-4923 ~.qu~l~.com Writer's Direct Fax: 239-434-4949 E-Maih cw2~quarles.com June 4, 2002 VIA COURIER DELIVERY Scott Miller, Drafting & Engineering Comcast 26880 Old U.S. 41 Road Bonita Springs, FL 341 35 RE: Petition to Vacate Possible Rights-of-Way, Easements & Dedications Dear Mr. Miller: Our firm represents Meridian Land Co. ("Meridian"), owner of the lands subject to Collier County Planned Unit Development Ordinance No. 2000-80. Said lands are commonly referred to as "Madeira PUD" and are scheduled for development as a subdivision of residential single family homes. Madeira PUD is located on the west side of Livingston Road (County Road 880), approximately % miles north of Immokalee Road (County Road 846), in Sections 13 and 24 of Township 48 South, Range 25 East in Collier County. The attached Exhibit A contains a legal description and general vicinity sketch of the project for your convenience. By way of background, Madeira PUD consists of almost 150 acres of land, but was assembled from the purchase of approximately 30 different parcels of un-platted land from more than 20 different owners. Prior to approval of Collier County Ordinance No. 2000-80, Madeira PUD lands were zoned primarily for RSF-3 and Agricultural purposes. This diversity in prior ownership and zoning appears to have spawned fractured attempts over the years to provide for infrastructure and easements in the area, as evidenced by ce~ain recorded instruments and related references, but the vast majority of those instruments and references are ineffective on their face. Nevertheless, to alleviate the concern that an old easement, right-of-way or dedication might exist which could potentially interfere with development of Madeira PUD as approved by Collier County, our client has asked us to assist in the preparation and submittal of appropriate vacation petitions to clear any questionable matters of record. Your consent and approval is necessary to do this and, thus, our client has agreed (and does hereby covenant to you) to record a suitable plat in conformity with the Collier County Land Development Code to supply appropriate replacement easements, rights-of-way and dedications for use by all public service and utility oroviders in lieu of anything that might be wi~ed out durin~ the vacation process. Therefore, if the same is acceptable to you, please sign duplicate originals of ~his letter (in the space provided below and again on the additional enclosed copy). We are enclosing for your convenience a prepaid return envelope for use in returning both signed copies, but would ask in addition that you fax your reply to us at 434-4949 before mailing so we will not contact you with unnecessary reminders. Of course, please do not hesitate to contact us by telephone at 434-4923 if you should have any questions or comments or need further assistance. We thank you in advance for your prompt consideration and attention to this matter. Respectfully, ~h DEC 0 3 C. Lane Wood I have no objection to the proposed vacation as set forth herein above. · WJ r .~ - New Directions in Planning, Design & Enginee~ng MADEIRA PUD - TABLE OF RIGHTS OF XVAY, EASEsIENTs AND DEDICATIONS TO BE VACATED - .-. SECTION 24, TO%VNSHIP 48 SOUTH,' RANGE 25 EAST COLLIER COUNTY, FLORIDA REF. O . R. LEGAL DESCRIPTION- NATURE OF NO . BK/PG INTEREST See DE = Drainage sketch Easement UP. = Utility Easement DID = Dedication ROW = Right of 1 191/185 E 30' of N ~ of S ~ of NW W of NE M of NW ~ ROW 2 337/576 W 30' of N ~ of NW ~ of SE ~ of NW ~ DE & ROW Corrected at 340/242 N 30' of N ~ of NW ~ of SE ~ of NW ~ ,, E 30' of N ~ of NW ~ of SE ~ of NW ~ " W 30' of N ~ of NE M of NE M of SE M of NW M " N 30' of N 3 340/242 W 30' of N ~ of NW M of SE M of NW M DE & ROW N 30' of N ~ of NW M of SE ~ of NW ~ ,, E 30' of N ~ of kSq M of SE M of NW M " W 30' of N ~ of NE M of SE M of NW M " N 30' of N 4 343/563 S 30' of S ~ of SW M of NW M of NE M DE & ROW E 30' of S ~ of SW M of NW M of NE M . 5 350/356 W 30' of SE M of NE M of NE ~ DE & ROW W 30' of S ~ of NE ~ of NE ~ of NE ~ ,, 6 382/592 S 30' of S ~ of SW ~ of NE ~ of NW M DE & ROW E 30' of S ~ of SW M of NE M of NW ~ ' ., 7 382/595 W 30' of S ~ of NE ~ of NE ~ of NW M DE & ROW 8 382/733 W 30' of N ~ of SE ~ of NE M of NW ~ DE & ROW 9 382/827 E 30' of N ~ of SW ~ of NE ~ of NW M DE & ROW 10 383/486 E 30' of S ~ of SW ~ of NE ~ of NE ~ ROW S 30' of S ~ of SW 11 388/447 W 30' of N ~ of NE M of NW ~ of NE M DE 12 388/193 E 30' of S ~ of NW M of NW M of NE M ' DE & ROW Rerecorded at 392/386 13 392/386 E 30' of S 14 389/698 E 30' of N ~ of NW M of NW M of NE Z ~~'~ DEC 0 3 2002 Naples Fort Myers Sarasota Bradenton Tampa Tallahassee WWW. wilsonmlller, com WilsdnMiller New Directions In Planning, Design & Engineering 15 389/702 E 30' of N ~ of SW ~ of NW ~ of NE ~ DE & ROW Rerecorded at 392/382 16 392~382 E 30' of N ~ of SW ~ of NW ~ of NE ~ DE & ROW 17 390/108 W 30' of N ~ of SE ~ of NW ~ of NE ~ ROW Rerecorded S 30' of N ~{ of SE ~' of NW ~ 'o'f NE ~ -. ROW at 392/378 18 392/378 W 30' of N ~ of SE ~ of NW ~ of NE ~ ROW S 30' of N ~ of SE ~ of NW ~ of NE ~ ROW 19 390/111 W 30' of S ~ of S ~{ of NW ~ of NE ~ of NW ~ ROW Rerecorded at 392/370 20 392/370 W 30' of S ~ of S ~{ of NW ~ of NE ~ of NW ~ ROW 21 390/104 W 30' of Tract 113 and E 30' of Tracts 110, ROW 111 & 112, said Tracts 110 - 113 being otherwise described as N ~ of SW ~ of NE ~ of NE ~ and NW ~ of NE ~ of NE ~ and N ~ of NE ~ of NE ~ of NE ~ 22 398/626 S 30' of E ~{ of S ~ of SE ~ of NW ~ of NE ~ DE W 30' of E ~{ of S ~ of SE ~ of NW ~ of NE ~ ROW 23 405/624 W 30' of S ~ of S ~ of NE ~ of NW ~ of NE ~ DE & ROW 24 405/627 W 30' of N ~{ of S ~ of NE ~ of NW ~ of NE ~ DE & ROW 25 232/111 Unspecified 30' of S ~ of N ~ of NW ~ of NE ROW ~of NW M 26 232/113 Unspecified 30' of N ~ of N ~ of NW ~ of NE ROW ~of NW~ 27 2118/2199 W 30' of N ~ of S ~ of NE ~ of NE ~ of NW ~ IrE W 30' of S ~{ of S ~ of NE ~ of NE ~ of NW ~ E 30' of N ~{ of SW ~ of NE ~ of NW ~ E 30' of S ~{ of SW ~ of NE ~ of NW ~ W 30' of N ~ of SE ~ of NE ~ of NW ~ W 30' of S ~{ of SE ~ of NE ~ of NW ~ E 30' of N ~ of NW ~ of SE ~ of NW ~ W 30' of N ~ of NE M of SE ~ of NW ~ 28 1103/1749 W 30' of N ~ of SE ~ of NW ~ of NE ~ ROW 29 1146/494 30' on each side of the W line of E ~{ of W ~ ROW of NE M lying N of Plat of Willoughby Acres (PB 8,PG 24) 30 237/944 All of Section 24. DED I 237/942 All of Section 24 n~ 31 Jotffn P//Maloney P.S.M. ) DEC 0 3 2002 Map Output Page 1 of 1 CCPA GIS - HTML Ma '. t'&a, DISON ;, DI A Al' ' DEC 0 3 2r P~. ~ http://gis.collierappraiser.corn/servlet/com.esri.esrimap.Esrimap?Se... 10/15/2002 EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3389, SANDRA RAMOS, PROGRAM LEADER II, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUSESTING A PERMIT TO CONDUCT THE ANNUAL "CHRISTMAS AROUND THE WORLD" CARNIVAL ON DECEMBER 13, 2002, ON COUNTY OWNED PROPERTY AT THE IMMOKALEE SPORTS COMPLEX LOCATED AT 505 ESCAMBIA STREET, IMMOKALEE, FLORIDA. OBJECTIVE: Sandra Ramos, Program Leader II, Collier County Parks and Recreation Department, is requesting that the Board of County Commissioners approve a permit to conduct the annual "Christmas Around the World" on December 13, 2002, on County owned property located at the Immokalee Sports Complex at 505 Escambia Street, Immokalee. The applicant is requesting waivers of the Surety Bond, Occupational License and Carmval Fee. CONSIDERATIONS: Sandra Ramos, Program Leader II, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their annual "Christmas Around the World" carnival. She has presented evidence that ali the criteria have been met for the issuance of this permit, other than the waiver of the Surety Bond. Staff does not take issue with the request for waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the event. FISCAL IMPACT: The applicant is requesting a waiver of the $275.00 permit application fee. This waiver has been granted in past years. It is Board policy that requests for waiver of such fees are granted only by the Board. GROWTH MANAGEMENT IMPACT.: There is no Grow~t~ Management Impact. RECOMMENDATION.: That the Board of County Commissioners approve the permit to conduct the annual "Christmas Around the World" carnival and waive the carnival fee, occupational license and surety bond. PREPARED BY //- -0 Z__ /SUSAN MURRAY, AICP -/ CURRENT pLANNING MANAGER REVIEV~rED BY: ...~IARGARJgT WUERSTLE, AICP DATE PLANNING SERVICES DIRECTOR MUNITY DEV. AND ENVIRONMENTAL SVCS. Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Sandra Ramos, Program I_~ader Il, Colli~ County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival and WHEREAS, Sandra Ramo~, Program Leader E, Colli~ County Parks and Recreation Department, has presented to the Board sufficient ~videnee that all crit~ia for the issuance ota l~nnit to conduct a carnival as set for,.h in Chapter I 0, Article II, Amusements and Ent~'tainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Sandra Ramos, Program L~ader II, Collier County Parks and Recreation Deparanent, has requested waivers of the Carnival Fee, Occupational License and Surety Bond. NOW, TH]~REFORE, THIS PERMn' IS HEREBY GRANTED TO Sandra Ramus, P~gram Leader IL Collier County Parks and Recreation Department, to conduct a carnival on December 13, 2002, m accordance with the terms and conditions set forth in the petitioner's apphCauon and all rulated documents, auached hereto and incorporated herein for the following described prx)peny: (See attached Exhibit "A") The request for waivers of the Carnival Fee, Occupational License and Surety Bond are hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Ma~jo/]c M. Studefit Assistant County Ailomcy AGENDA ITEM _ DEC 0 3 2002 02 O~: m~l~ .operty nformation Report ~1002' - Property in£ormat£on Report pARENT pARCEL p~~$T~ET LO~TION ~LIO NBR ,00063857680102 0000000000000000 ~38~~~: i~O~EE - SECT ST~P ~K BL~ L~ ~IT ~GE ~P ~ 2 29 46 33 520300 24 21E3 ~ ACSC HDR REF F~G ;SE COD~ ~S CODE MILL ~% 0 5 13 · 67 83 XT~ ~L ~ ~ORT LEG~ 10 ~~T S~D BLK 24 COM ~ ~R BLK 24,N 762.44FT ~ E /W CR TO ~ ON ~Y R/W OF ~ES ST, CO~ ~G E R/W N pR~ OUS ~ OLLI~R c~Y ~ER ~DRESS 301 T~I~I T~ E 'APLES, FL99COX 341123969 '~L LEG~ DESCRI~ION [~~ S~D BLK 24 C~ ~ :NR BLK 24,N 76~.44FT ~ E (/W CR ~ PT ON ELY R/W OF ~L~ES ST, CO~ ~G E R/W N 4 434.28FT TO POB ~-.xhibi~ "a " DEC 0 3 2002 p~. prin~ed on 10/18/02 ~2:37:16=~ page collier county CD-plus for Windows 95/98/NT ~doress Information Report :DPR10'0! - Address information Report ADDR N~R STATUS. ~ XC~rVE JUSE N'BR PREFI: STREET TYPE SUFFIX UNIT PRIMARY OWNER INFORMATION PRE'v'~OUS (Tw't~E R NAME C--~ r ER C~%n~' SUBDIVISION LI~i 1305 "- New ~rke= ~o~ T~Z~S T~ E LI~ 24 2 S~ LEG~ LINE~ LINE4 CITY N-X~EES STATE ZIP FL---~0X 3--~123969 SLUC DESCRIPTION 8--~"'"-- p--~7-SCHOOLS, BOARD OF ED ZONING ~ SINGLE FAMILY. DUPLEX & MULTIFAMILY: TAZ FLOOD MAP FLOOD ZONE FLOOD ELEV. CENSUS TRACT CENSUS BLOCK 24~ 0150 D ACtA ITEM DEC 0 3 2002 Prin~ed ~: 10/18/02 12:~:~ iollier CounTy page ~ of ~ :D-Plus for windows 95/98/~ "' COLLIER COUNTY GOVERNMENT DEPARTMENT OF PUBLIC SERVICES COLLIER COUNTY PARKS AND I~CREATION PARKS AND RlgCREATION DEPARTMENT ADMINISTItATION EAST 310 ALACHUA STREET IMMOKALEE, FLORIDA 34142 (941) 657-5126 (941) 657-1447 FAX (941) 657-5125 November 8, 2002 Cecilia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Cecilia: The Collier County Parks and Recreation Department is requesting a carnival permit for the 9th Annual Christmas Around the World. Ttxe event will be held December 13, 2002 from 6:00 p.m. - 11:00 p.m. at the Ir~mokalee Sports Complex, 505 Escambia Street, Immokalee, FL 34142. The department is requesting to waive the carnival permit fee ($250.00), surety bond ($2,500.00) and occupational license. Thank you, Sandra I~mos, Program Leader II Collier County Parks & Recreation ADD~SSING CHEC~IST PI¢~ complete thC following ~ submit to the Addr~ss~g Section for ~view. Not all items will aD~ty t0 9ve~ pro~ct. Items in bold ~De ~ r~qu~ 1. ~gal description of subject prop~ or prope~i~s (copy of lengthy d~cription may be attache~ 2. Folio ~roperq' ID) number(s) of above (attach to, or ~sociate with, legal d~c~ption if more than one) 3. Street address or addre~ (as applicable, ~already 4. Location map, showing exact location ofproj~site ~ relation to newest public road fi~t-of-way (attach) 5. Copy of s~ey ~EDED O~Y FO~ ~LA~ED PROPERT~S) 6. Propos~ proj~t n~e (if applicable) 7. PrOposed Swget n~s (~appli~ble) 8. Site D=velopment PI~ Number ~OR E~ST~G pRO~S/SITES O~Y) SDP - - 9. perish ~P~ - (~mplete a s~ate Addressing Chee~ist for ~ach P~fifion T~e) ~ SDP (Site ~velopment PI~) ~ PPL ~l~s & Plat Renew) ~ SDPA (SDP ~~ent) ~ PSP ~relimin~ Sub,vision Plat) ~ SDPI (SDP Insubst~fial Ch~ge) ~ FP ~inal Plat) ~ S~ (Site Improvem~t Pi~) ~ LLA ~ot Line Adjustment) ~ S~A (SIP ~n~ent) ~ BL ~l~fingP~it) ~ S~ (Str~¢t N~e C~ge) ~ ROW ~ght-of-Way Pe~it) ~ V~gemtio~xofic ~g. R~moval Pe~) ~ E~ ~xcavation Pe~t) ~ L~d Use p~fitioa ~ee, Con~tional Use, ~ ~ ~¢g. Remov~ & S~te Fill P¢~t) Boat Dock Ext., K~one, P~ ~zon~, etc.) 10. Proj~t or development n~ proposed for, or ~ready appearing in, condomi~ documents (if appficable; indicat~ wh~ther proposed or existing) _ b~ I ~ 11. Please Cheek One: ~ ~klist is to be F~d Back ~ pa~onally Pick~ Up 12. Applicant Name 0~xx:~ P ~*~ &~ec~o-~ ~ Phone ~3~-,q~ I 13. Si~am~ on Ad~sing Ch~e~ist does not constitute Proj~t ~or S~¢t N~e app~val ~d is subject tc ~ revie~v by ~ Ad~Mg S~tiom ~OR STAFg' USE O~Y Add~ Addr~ N~b~r Dat~ Addr~s N~b~r Approved K~ed 3-21~1 DEC 0 3 2002 CARNIVAL OPERATION PETITION pETITIONER'S N~-~ ~ET~O~'S ~D~S: F pETITIO~R"S E-~ ~D~SS:_ LEG.~ DESC~ION OF S~~ pROPERS:_ ~X~c~ GE~ LOCATION (FOR ~NATION, S~ 3.e.4)_ _ 3.e,7)~ 3.a.~ ~ 3.~1)_ - 3.b.~ 3.e3)~ 3.c.~ Commen~:~ DATE REVIEWED by Board of County Commissioners:_ Approved: [~] Disapproved: [~] Conditions of Approval:_ AGENDA fi'EM DEC 0 3 200" [J~ BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Pemon in charge of booth: '~_,~e~-\~ 'Wec_~c,~- , Types of food or beverage to be served: Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food.preparation: _. C~.o~ee~,~ 4-,-~'~\e~ How will food be transported to event location? Method of keeping food hot' and/or cold at event site: Method of cooking food at the location: Food must be protected from dust, Insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: ,C~I-~- c,~n"f=.,'n e~ Adequate facilities and supplies shall be provided for e,-npioyee handwaahing. How will you provide this? AGENDA ITEM DEC 0 3 2002 Mo 12 04:S4p CCPRD o Failure to comply with applicable food se~/ice requirements in accordance with Chapter 64E-11, Florida Administrative Code, may result in enforcement aCtion. Do you understand this completely? Yes v/'. No I certify that to the best of my knowledge and belief ali of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Signature of applicant ; AGENDA ITEM DEC 0 3 2002 P~. q ~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event t";'~ 'o. Address of event . c~ . . ~2~ Date(s) of event ~-/~-~/~'- _ Hours of operation Sponsor of event ' Person in charge of food service ~ Phone (._q~ ~'~ Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male ( ~ ) Female ( :~ ) Femate ( Permanent: Male ( [ ) ~-, '~ , , Method of toilet waste disposal: ' '*' Desc49be method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: _~ Describe facilities and ~iethod of handwashing: Describe facilities and method of utensil washing, rinsing and sanitizing: Source of potable water:. ~ DEC 0 3 2002 As the sponsor of this event you are responsible to notify all food veddom of the temporary food service requirements. Failure to comp' f may subject the booths to be closed for public health reason. Do you understand this completely?. Yes \/ No I certify that to the best of my knowledge and belief all of the statements contained heroin and On any attachments are true, correct, complete, and made in good faith. I undemtand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume respons~ility for this event and certEy that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. ~i~inature of sponsor's g AGEI~A ITEM ' DEC 0 3 2002 DEC 0 3 2002 -roperxy inTorma~lu~ r~pu~ & CDPR1002 - Property Information Report FOLIO/~BR PARENT PARCEL PHYSICAL STREET LOCATION 0000063857680102 0000000000000000 508 9TH ST N, IMMOKALEE BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 24 2 29 46 33 520300 24 21E3 USE CODE CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 83 0 5 13.67 SHORT LEGAL XTRA LGL CNT NEWMARKET SUBD BLK 24 COM SW 10 CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N OWNER NAME PREVIOUS OWNER COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FL99COX 341123969 FULL LEGAL DESCRIPTION NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N W 434.28FT TO POB AGEJ'qOA ITEM~ DEC 0 3 2002 p~. I.~ Collier County Printed on 11/22/02 8:47:50~ CD-Plus for Windows 95/98/NT Page 1 of ~ "~ 02 0,4.: ~l~p CCPRD doress Information Report .~DPR1Q01 -'Address information Report ~DDR NBR STATUS 343545 ACTIVE HOUSE NBR PREF!~ STREET TYPE SUFFIX UNIT 505 -- ESCAMBIA ST ~ ,PRIMARY OWNER INFORMATION pREVIOUS OWNER N~ME COLLIER CNTY SUBDIVISION LINE1 1305 - New Market 3301 TAMIAMI TEL E BLOCK L,,OT LINE2 24 2 LINE3 SUB LEGAL LZNE~_ CITY NAPLES STATE ZIP ~"gc0x 34f123969 SLUC DESCRIPTION 83 ' PUB/SCHOOLS. BOARD OF ED FLUE Z0N I NG RMF-6 SINGLE FAMILY. DUPLEX & MULTIFAMILY: PUD TAZ FLOOD MAP FLOOD ZONE FLOOD ELEV. CENSUS TRACT CENSUS BLOCK 24---'~ 0150 D DEC )0~ 2002 Printed On: 10~ LS/~. 12:37:13PM :ollier County Page ~ of ~. :D-Plus for Windows 95/98/NT OEC 0 3 2002 Field 3 Helicopter Landing Santa Field 2 Carnival Carnival' Carnival Carnival Carnival Carnival Game Ride Ride Ride Ride Ride Ride Booth 1 Game' w - Food =., Food ~,_~ Booth 2 ----J ~' d '- ;'~ --now s.ow s.._o? . Sle .- Game' ~ I,,i. Mo°u~tain 1 Mounain 2 .~un~mn ~ ' Iountain Booth 4 / Stage Tent Stage . ~ 20' x 30' 25' x 25' Ice Skating Rink 35' x 56' F~eid I Slide ~.. ~p Santa's Tent ~ ¢ 20'x40' T"n'z°'"'~DEC 03 2002 B,unce Person in charge of carnival operations for SARASOTA AMUSEMENTS LESTER COLEGROVE 5131 WAUCHULA ROAD MYAKKA, FLORIDA 34251 AGEIT4DA ITEM DEC 0 3 200" · ~2-2{~2 l:3f, PM FRDM 9~165757~ 3301 Tamiami Trail East · Building "J' ' Naples, FL 34112 Telephone (AC 941) 774-4434 November 12, 2002 Ms. Sandra Ramos Immokalee Community Park 321 1~. I= Slreet Immokalee, FI. 34142 This letter is to conf~m that I lmve had the oppommity to review the proposed plan for thc upcoming Christmas Around the World event on Docembe~ 13~, 2002. In reviewing the plea% I amicipate no mnjor law enforcement Froblcms- I am providing c-xu~ patrols to assist w~th tralnllc and the flow of pani¢il~mts, Ii'my problems should arise, I will resolve them sa thst time. If any additiorml information i~ needed, please advise. Sincerely, Collier County SheritTs Otlir.~ immokalee Substmion Command~ DEC 0 3 2002 EXECUTIVE SUMMARY PETITION CARNY-2002-AR-3342, PEG RUBY, SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUSESTING A PERMIT TO CONDUCT THE ANNUAL "SNOWFEST" CARNIVAL ON DECEMBER 7, 2002, ON COUNTY OWNED PROPERTY AT THE GOLDEN GATE COMMUNITY PARK LOCATED AT 3300 SANTA BARBARA BOULEVARD. OBJECTIVE: Peg Ruby, Special Events Coordinator, is requesting that the Board of County Commissioners approve a permit to conduct the annual "Snowfest" on December 7, 2002, on County owned property located at the Golden Gate Community Park at 3300 Santa Barbara Boulevard. The applicant is requesting waivers of the Surety Bond, Occupational License and Carnival Fee. CONSIDERATIONS: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their annual "Snowfest" carnival. She has presented evidence that all the criteria have been met for the issuance of this permit, other than the waiver of the Surety Bond. Staff does not take issue with the request for waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the event. FISCAL IMPACT: The applicant is requesting a waiver of the $275.00 permit application fee. This waiver has been granted in past years. It is Board policy that requests for waiver of such fees are granted only by the Board. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual "Snowfest' carnival and waive the carnival fee, occupational license and surety bond. PRePAReD BY USAN MURRAY, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: //- 02_ PLANNING SERVICES DIRECTOR APPROVED BY: / AGENDA ITE.~ DEC 0 3 2002 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Deparment, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has requested waivers of the carnival fee, occupational license, and surety bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, to conduct a carnival on December 7, 2002, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, at~ached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the carnival fee, occupational license and surety bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this __ day of 2002. A'I"rEST: BOAA~D OF CC INTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA: JAMES N. COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: ' Ma~jor~ M. Student Assistant County Attorney ~E~. 0 3 2002 COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES 3300 SANTA BARBARA BOULEVARD PARKS AND RECREATION DEPARTMENT NAPLES, FL 34116 (941) 353-0404 -. FAX: (941) 353-1002 Website: colliergov, net November 6, 2002 Susan Murray, Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 34103 Dear Susan: The Collier County Parks and Recreation Department is applying for a carnival permit and would like to request waivers for be occupational license, surety bond and carnival fee. Snowfest will be held at the Golden Gate Community Park, 3300 Santa Barbara Boulevard, Naples, FL on Saturday, December 7, 2002 from 10:00 am - 5:00 pm. If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, Peg R%, SP~~Events Coordinator Collier County Parks and Recreation DEC 0 3 2002 OR e, OflR P ~GE )- '"~ ~eace ~o.~, 4,, rust- ~10.~7 ft~t_}~._.,.e .f the percal herein theace-~e~e ~l' tilt, lOlt.O~ ~e~ ..., ,, the ' ~mlCl SoI~ ~.'~: u~: .f t ~Q.O foot msb- ...... Il.lo-of*ill ~.'~ tlt~ IIIht'°~?'~ ~lnbl -- ~iI ~1 ~ll~. ~l~I" '---- · .~et~l ,-~ter Co,It7, Flor ---,-*to,I ef record, ~=1111111!-~' VILSO_, .... , iud Lind {.. -~.~ ~'.~,- ~..- . ... '-""- .~;Z: "."' · ' "" "~' ' e~ ~I~' e~~-- " · : ~-- · ... . t ~~ ., L~'~'?~ ~.~..-:--~~~ p A £ c££ /~11 that.part of section 3:3, To~nshtp 4g SourlY, Range East, Cold,er County, and being more particularly described as follows; cDmmenctn9 ~t the north west corner of Section 33, 49 South, Range 26 East, Co11~e~ County, Florida; thence along the north line of above section, Horth 87'~53'-26' East, 1XO.O7 feet to the east rSght-of-waY of S~nta Barbara 6oulevard; thence ~on9 the east r~ght-of-.~I of said $anla Boulevard, 5ouCh 0'-00'-59' East, 560,7~ feet [o ~n ~ng~a po~nt In said right-of-waY; thence continuing a~on9 s~id ~tgh&-of-.a~ South. OI East, ~38.30 feet to the south ~ine of the kccess thence along the south ~ine of the Access Road Horth 89'-sa"-Sl" East, 6~.9.75 feet to the POIHT OF B[GIHNIHG of the Parcel herein describeds thence continuing along ~he south llne of the Access ' goad Horth 89'-58'-51" East, 841.~O feet; . ~ thence southwesterly 93.86 feet atong the arc circular curve concave to the ,south haven9 a radius of 1302.33 fee~ ap~ being subtended by ~ chord .h~ch bears south 69 -~2 -4B Nest 93.49. feet; _ thence ~ester]y 684.76 feet ~lon9, t~e arc of :- circular curve concave:to the north'havtng a radius of 852.91 feet and beln9 subtended.by a chord ~htch bears south 89'-58'-55' ~est, 66~'.S2 feet; . thence northwesterly 93.8~ ~eet along' the afc ctrcula~ curve concave to the south' havtng of. 1302.~3 feet and being subtended' by a chord whtch bears north 69'-O4'-S8' ~est, 93.84'feet to the point of beginning; being a part of Section ~2, Township ~9 South, Range , ~. East, Co]lief County, Florida. '' subject to easement and restrictions 'of'r~cord containing 1.27 acres of land more or less. EXHIBIT A ""~ -: .... ........ ' .......... ~ ..... [}EC 0 3 2002 · All that p=rt of Sectton 33~ Township 49 South. R~nge East, £011ter County,. Florida and belng more particularlx described as follows; Commencing at the north west co'mar 'of Sectton 33, Township 4g South, Range 26 East, Co111er County., 'FlortOa; thence along the north 11ne of above section , .North 87'.-S3'-g6" East, 1~0.07 feet to the east rlgl~t-of-way ot Santa Barbara Boulevard; thence along the east right-of-way of said.Santa Barbara Boulevard, South O'-O0'-Sg" East, S60.73 feet to an a~gle point tn satd rSght-ofoway; thence continuing along said right-of-way South 0~'-~3'-03' East, ~38.30 feet to the south line of the Access Road; thence along the south line of the Access Road North 8g'-$8'-5~' East, 198.53 feet to the POltiT OF BEG~HHING of the parcel hereln described; thence continuing along the south l~ne of the Access 'Road. tlorth 89'-58'-55' East, 421.22 feet; 'thence Southeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of ,:....~.02.33 feet and being subtended by ~. chord whtch "~g&"ars South 69'-04'-58" East, 93.84 eet; ,76 feet the .arc of a 'thence easterly 684 along circular curve concave to the north having a radius of 852.g~ feet and being subtendecl by a 'chord ~h~ch bears Florth 8g'-$8'-55" East.. 666.52 feet, thence northeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of ~302.33 feet and being subtended by a chord which bears ttorth 6g'-02'-48' East, 93.84 feet to a point on the South line of .the Access Road; , thence along the south llne ot' the Access Road )lor th 89'-58'-55"'~'ast, 42i:22 feet; thence south~ester]'x 494.69 feet along the arc of a circular curve con~ave to the south havlngs a radius . of [232.33 feet and being subtended by a chord which bears South 78'-28'-S5'_We?t .491.37._feet; . _ thence westerly 740.96.feet a~ong the ~rc. o~ a · ctrcular curve.concave to :he north, havlng a radiUS of 922.gl feet and betng subtended by a chord'which ~.,.--- South 89'o56'-55~ West, 721.22 fee~; . ~.~"': .... ,--~- Ao4.69 feet along the arc or. a .. Thence asa ,,~..~, -',- - ar curve concave to the south, having a radiUS ct_r.cu_l._ 33 feet and betng subtended by a chord of begtnnt'n9; betng a part of'Section 33, Township 49 South, Range 26 st Collier County, Flortda · Ea.., ...... ..~,t~ and restrictions .of record sub,let.. , e,-~ ..... nf land more or tess. containing :.DJ o,.,,.- - DEC 0 3 2002 · . q SNOWIeSt[ 2002 /~ ~~'~ BaVarian, Do~ombor ~, 2002 "~'~' ~ ~-~0:00 a.m. - 5:00 p.m. 8anna Barbara ~alovav~. ~oo 8ha~Ios ~H ~vanspo~ ~oa to an~ ~om ~ho even r O 342 ,,SNOWFEST" · CARNY-02-AR-3 CARNIVAL OPERATION PETITION so. PET~IO~R'S ~~ ~D~SS: ~ S~~PROP~:' ~ : ' [ ..... ~~' ' ~~ ~G: ~A~ OF PE~O~: TI~ FOLLOWENG [NFORMATION IS I~CLUDED IN Ti:tiS PETrrtON. (FOR EX~ATION, SEE NEXT.PAGE.) 3.a.. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3.d. Comments: SiGNATUR~~~ pE~~~O DATE REVIEWED by Board of County Commissioners: Approved: ['-] Disapproved: D Conditions of Approval: SIGNATURE OF COUlh'TY ADMINISTRATOR AGENDA LTEM DEC 0 3 2002 P~. _ ~ NOU-07-2002 14:44 ~L ~l'-+~ ~ .... ST P~Tcrsburg I=L 3374.3 co~Y Ae~ Am.~c=~ in~.~a~cc Co ~ · B Sar~ Amus~m~t Ent,. tnt. 5131 Wauchu~ Road ~"~ ~e~ R~pmcal Exc~e Myakka C~ FL 34251 c D P0~ tN~NCE U~ ~W ~VE B~ ~ TO ~E ~SU~D NAMED ~OVE FOR THE POLICY ~15 IS TO C~ ~ ~E H E~ ~M OR ~ND~ION OF ~ ~H~ OR OTH~ oo~ME~ ~H ~ TO WHtCH TE~S. ~nl~. NO~~n~G ANY R~-~ · C~;~ MAY BE ~ OR MAY ~A~, THE ~U~N~ ~0~ GY ~HE POMCI~ D~CRIBED HE~IN · $U~E~ TO ~ ~; ~y ~U~D ~ P~tD ~- ~ uA~ G 18206122 ? ~1 IG2 7101/03 c~~ ~ o~ A~mgat. is per ~ ~u~o~o~ ~ H0693~24 7101~2 7101/03 ~o~n~ uM~ ~ ~Y ~0 ~ODILY , uANL~ LTE wo. Ktm ~s~ ~ WCP1032~g~ 8/15~2 811 S~3 ~ ~OOO~oo AOD~IO~L tNSU~: ~iM Gf ~un~ ~m~n~ DATES: DECEM~ 7, 2002, TO DECEM~ 18, 2002 Cotlier Coun~ Parks & Rec 3301 Temiami Troll Eas~ Naples, ~ 34112 .. [i~3J.V. JI~J. BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS ! I ,:.e,..o. ,. c,-,.,,,, o,,:,oo,.,: (J 'e to be Florida Administrative Code, Chapter 64E-11 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food.preparation: Cl~ ~' c.~ (~ '"'~ ~ How will food be transported to exen_t location? Method of, keeping food hot an~or cold at eveAt site; .. Method of cooking fo(xl Food must be protected from dust, Insects, files, coughs, sneezes. How will you prov~_%~is.p..rotect!on?_ [:~lscrtbp .type. of.~tructum: Adequate facilities and suppli~e~, shall_ be Provide for e;nployee handwa~hing. How will you provide this? ~-~/~J~0 IICI ~-,44 I~f~- . Failure to comply with applicable food service requirements in accordance with Chapter 64E-11, Florida Administrative Code, m/.~esult in enforcement action. Do you understand this completely? Yes . No I certify that to the best of my knowledge and belief all of the-~'tatements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agmc to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. Signature (~/applicant -(~ 200" oo ~ NOTIFICATION FORM FOR TEMPORARY EVENTS Name of event ~ ---'-'T'T. )~ j_~ J~)r~ ._~°urs of,operation Sponsor of event __ Pemon in charge of food service Number of food and beverage booths Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male (---%/') Female (..'¥) Method of toilet waste disposal: ~__..~~--~~- ~ Desca'be method of liqu~ Des_cribe . ntainers and methR(J oJ solid .waste_ ,, dispgsal (garb_ague)_: ~L Number of solid waste disposal containers provided: ,~ Describe faci, Jil~_ ~, ~n~l-method of utensil i rinsing and sanitizing: Source of potable water. As the sponsor of this event you are responsible to notify all food vendors of the temporal7 food service requirements. Failure to comp' t may subject the booths to be closed for public health reason. Do you understand this completely?. Yes t'/// No i certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 64E-11. s:on/o~s Date: Signaturls~ agent DEC 0 3 2002 Collier County Sheriff's Office _ 3301 Tamiami Trail East, Bldg. J Naples, FL 34112 Phone (941) 793-9221 Fax (941) 793-9168 Fax To: Peg Ruby Fax: (239) 353-1002 Phone: (239) 353-0404 From: Lt. Karen Strickland Date: August 26, 2002 Re: Law Enfrorcement Special Detail Agreement Agreement Number of pages including coversheet: 4 Per Lt. Scott Stamets advised per Sheriff Hunter the Snowfest for 2002 must be covered by contract services. Please complete the last page .of the contract and fax it back to the number listed above. Unless there are any corrections the last page is the only page you need to fax back. In checking with our Finance Division, records indicate an outstanding balance of $813.60. This outstanding balance must be paid in full before services can be proVided. AGE--NOA ~TEM DEC 0 3 COLLIER COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT THIS AGREEMENT, entered into this 26 day of August, 2002, by and between the Collier County Sheriffs Office, DON HUNTER, SHERIFF of Collier County, Naples, Florida, hereinafter referred to as "CCSO" and Collier County Parks and Recreation Dept.. hereinafter referred to as "CONlq~CTOR", both of whom shall be tefra'ed to as the "PARTIES". WITNESSETH: ~[EREAS, the CONTRACTOR desires to obtain special Law Enforcement Services at: Golden Crate Community Park 3300 Santa Barbara Blvd. - Snow Fest for the purpose of T-raffic Control and Crowd Control in Collier County, Florida: WIt]gREAS, the CCSO has agreed to render to the CONTRACTOR professional law enforcement service, and the CONTRACTOR is desirous of contracting for such services upon the terms and conditions hereinafter set forth. WHEREAS, the CONTRACTOR is desirous of providing Law Enforcement services through a conU'actual relationship with the CCSO. WltEREAS, the Sheriff hereby agrees to provide such security and law enforcement as provided herein. NOW, TItEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of which are hereby acknowledged, lt is hereby agreed as follows: 1. For the purpose above, the Sheriff shall provide to the Contractor 8 Certified Deputies at the place captioned above, between the hours of 10:00 a.m: and 5:00 p.m. on Sa_mrda¥, December 7, 2002. 2. Such law enforcement Deputies shall perform normal law enforcement duties to provide for the health and security of persons in the immediate area of the above-captioned event or location(s). 3. At ali times pertinent to this contract, he law enforcement Deputies shall be assigned by and remain under the c ntrol of the Office of the Sheriff of Collier County, Don Hunter, Sheriff. Ownership and maintenance of equipment used in Special Derails are the responsibility of the ColLier County Sheriff's Office. Equipment assigned to a Deputy for use in the regular performance of duties shall be used during this Special Detail. All equipment remains the responsibility of the assigned Deputy and the ownership remains with the Collier County Sheriff's Office. DEC 0 3. 2 4. The contractor shall pay as indicated under "Financial Arrangements to thc Office of the Sheriff of Collier Coun~j thc actual cost to the CCSO of the Deputy's time and one-half hourly rate (overfi'_me), two (2) hour minimum, including all applicable CCSO expenses such as FICA and worker's compensation coverage commensurate with the current pay plan schedule. The minknum total, based on now available information is $21.90, subject to final accounting. The estimate maximum total, based on now available information, is $30.60j subject to final accounting. The balance remaining, if any, shall be invoiced to the Contractor upon a final time and mileage accounting being completed by the Sheriff' S Office and shall be paid by the Contractor within five (5) days of receipt of the invoice. FINANCIAL ARRANGEMENTS: [] Full Payment in Advance [-] 50% Deposit Required [~] No Deposit Required/Total Due Upon billing 5. The Contractor hereby agrees to indemnify the Sheriff against any and all claims against the Sheriff or the Off'me of the Sheriff of Collier County arising out of the use of the certified law enforcement deputies from whatever source or cause, excepting only the negligence of the Sheriff or his Deputies. 6. The parties agree that the services provided for herein are not a guarantee of the health and safety of the patrons attending the above-captioned event, but is the provision of regular law enforcement services commonly supplied by the Office of the Sheriff to the citizens of Collier County according to policies established by the Sheriff. 7. The Part/es agree that in the event of an off-site e~r :rgency requiring the services elsewhere of the law enforcement Deputie, provided herein, that the Sheriff may be required to remove the DepUties to meet any such emergency, without penalty, and such removal shall not be deemed a breach of this Agreemen~ 8. Law enforcement Deputies provided according to the terms hereof shall be paid according to the regular payroll procedures of the Office of the Sheriff, and no funds shall be transferred from the Contractor to ~av law DEC 0 ~ ~00~ enforcement Deputy, but such funds shall be paid directly to the Office of the Sheriff of Collier County. IN WITNESS WHEREOF, the PARTIES hereto execute this instrument on their behalf, at.the dates set forth below: COLLIER .cOUNTY SHERIFF'S OFFICE DON HUNTER, Sheriff of Collier County Date Approved as to form and legal sufficiency subject to execution by the PARTIES: CONTRACTOR: Collier County Parks and Recreation Det~t. BY: Date Signed Name Typed Name 3300 Santa Barbara Blvd., Naples, FL 34116 -Street Address City/State/Zip Code 239-353-0404 ~Area Code) Telephone Number 239-353-1002 (Area Code) FAX Number (Area Code) Cellular Phone Number AGENOA I~1 DEC 0 3 200 ' Snowfest 2002 · Saturday, December 7, 2002 lO:OO am - 5:00 pm Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34~6 Medium Large Sr.mll PHe Pile Pile (Mnint.) (Mnlnt.) (lvlaint.) Sled Mountain (Aquatics) 2OO2 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO PURCHASE AN ADDITIONAL VEHICLE FOR THE APPROVED EXPANDED EVENING SUPERVISOR POSITION AND FOR THE PURCHASE OF ADDITIONAL WORKSTATIONS FOR THE APPROVED EXPANDED INVESTIGATOR/SUPERVISOR AND CUSTOMER SERVICE POSITIONS OBJECTIVE: To obtain Board approval of a budget amendment to purchase additional workstations for the recently approved evening shift and to purchase one additional vehicle. CONSIDERATIONS: As part of the budget process, the Code Department requested 8 investigators, 1 supervisor and 1 customer service personnel for the establishment of an evening shift. Additionally the Department requested an environmental specialist, training coordinator and 2 other personnel for the Department for a total of 14 expanded positions. However, during the budget heatings the Board of County Commissioners voted to fund only half of the expanded budget request. Although 1 vehicle was requested in the original proposal, it was for the environmental specialist position and was inadvertently excluded from the request for the evening supervisor position. Consequently was the supervisor's position was retained in the expanded budget, the vehicle was excluded. We are at this time requesting the funds to purchase the vehicle for the supervisor recently hired. Because the number of investigators requested for that shift was cut in half, it will be essential that the supervisor be out in the field to help cover the area for potential violations. Originally it was contemplated that the evening investigative staff would share workstations with the daytime investigators. Now that they have been hired we find that it will be difficult to make this work. There is an overlap in the work schedule where the station resources (phones, computers, etc.) are not available and are essential for the daily workload. Additionally, there is not adequate file storage available to house the case paperwork for each shift under current conditions. 'We propose to convert a conference room into the needed work area for the newly hired investigator. Quotes have been obtainer and the work to construct the workstations can commence in January 2003. FISCAL IMPACT: The fiscal impact of this request is $37,400. Twenty percent of this amount ($7,480) will be funded from the building permit fee supported Community Development Fund (113) and the $29,920 balance is available from the Unincorporated Area General Fund (111) reserves. GROWTH MANAGEMENT IMPACT: This request will have no impact on the Growth Management Plan. AGENDA ITEM No. 16A DEC. 03, 2002 PG. 1_ RECOMMENDATION: Approve the attached Budget Amendment for additional funding to provide for the needed workstations and vehicle. Janet Powers, Operations Manager Code Enforcement Department Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: /~K~~chmit~t~DATE: z/~-"g'(~. /Jc/seph . ' , ~ommunity Development & Environmental Services Division AGENDA ITEM No. 16A \\ DEC. 03, 2002 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT AN ACCESS EASEMENT IN FAVOR OF COLLIER COUNTY AND SFWMD-BCB FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TH STREET SW. (PROJECT NO. 60012) FISCAL IMPACT: $20,100.00. ~: Approve an Easement Agreement and accept an access easement from Randy S. Cook and Kimberly S. Cook, thereby providing a necessary easement for access to and maintenance of, the Golden Gate Canal at the southwestern quadrant of the bridge constructed at 13th Street SW. CONSIDERATION: On June 12, 2001, the Board approved the Professional Design-Build §ervices Agreement with Kelly Brothers Inc. and American Consulting Engineers, PLC, for the construction of a bridge over the Golden Gate Main Canal at 13th Street SW in Golden Gate Estates. South Florida Water Management District--Big Cypress Basin (SFWMD-BCB) originally placed permit conditions within the Right of Way Occupancy Permit to clear and grade a maintenance path along the top of the bank and select clearing along both the north and south side slopes of the Golden Gate Main Canal between 1 lth Street SW and 15th Street SW. As a result of concern expressed by property owners and after a meeting held with SFWMD-BCB, the permit will be modified to provide direct access to all four quadrants at the bridge site on 13th Street SW in order to clear debris that may collect at the bridge from time to time. Direct access to the bridge will require the acquisition of access easements from the owners of the properties located at the four comers of the bridge, with SFWMD-BCB named as a party to the access easement. Acceptance of said access easement will provide the County and SFWMD-BCB with one of the necessary easements required for maintaining the Golden Gate Canal at the bridge site on 13th Street SW. Approval of the Easement Agreement, attached as Exhibit 1, will provide the Board's authorization to staff to close on the purchase of said easement, owned by Randy S. Cook and Kimberly S. Cook and located at the southwest quadrant of the bridge constructed over the Golden Gate Canal at 13th Street SW. Staff has negotiated a settlement with Mr. and Mrs. Cook in the amount of $20,000.00 to compensate them for the acces~ easement, damages resulting to the Owner's remaining lands, landscaping improvemeats, cons, uction of a new driveway and for all other damages and expenses in connection with the conveyance of said easement including attorney fees. In negotiating the settlement with Mr. and Mrs. Cook, staff determined the need for additional landscaping at the estimated cost of $7,115.00. Additionally, construction of the bridge also required relocating Mr. and Mrs. Cook's driveway at a cost of $9,110.00. FISCAL IMPACT: $20,100.00, which includes $100.00 for estimated closing costs. Funds for this access easement and associated closing costs will come from the Transportation S~ m, ortocl C,~ T~,, ~' AGENDA ITEM Fund. Source of funds are Gas Taxes. No.._LLgL%~I DEC 0 3 2002 GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement Agreement and authorize its chairman to execute same on behalf of the Board; and 2. Accept the easement conveyed thereby; and in the Public Records of Collier County, 3.Authorize Staff to record a~t~nent documentation Florida. ~.,~/~ SUBMITTED BY: ~*,,/'~~~~ / DATE: /('"'/5 -CZ ~TreVin ~4e~¢ks, Right-SlgNa~ Manager ansportation Engineering and Construction Management (/..~t/~. DATE: Ewing "Sk~p~ McMichael, Project Manager Transpo~ation Engineering and Construction Management REVIEWED BY: _ >~ ~:~~-,-- DATE: ~ (-l~- Dale Bathon, P.E., Principal Project Manager Transpo~ation Engineering and Construction Management Gregg Strakaluse, Director TranspoAation Engineering and Construction Management APPROVED Transp~¢on Se~ices Division DATE: //~ Norman~eder, AICP, Admi, istrator DEC 0 3 2002 PROJECT: 13th Street Bridge, 60012 FOLIO: Portion of'4584532000'/ EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this __ day of 2002, by and between RANDY S. COOK AND KIMBERLY S. COOK husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 907 13th Street SW, Naples, Florida 34117, and COLLIER COUNTY, a political subdivision of the State of Flor/da its successors and assigns (hereinafter refen'ed to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a l:erpetual, non-exclusive easement for access and maintenance of the Golden Gate Canal ¢,x.cr_ under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Ea~ment"), ~ hich is attached hereto and made a part of this Agreement; and WHEREAS, O'aner desires to convey the Easement to Purchaser and to the South Florida Water Management District-Big Cypress Basin (SFW.MD-BCB), as joint Easement holders, for the stated pm-poses, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to mmpensate Owner for conveyance of the Easement; NOW THEREFORE, in considerat:cn of these premises, the sum of Ten and No/100 Dollars ($10.00), and other good and valuab e :onsideration, the receipt and sufficiency of which is hereby mutually acknox~ ledged, it is agreed bv and between the parties as follows: 1. Owner shall convey the Easement to Pur.-haser for the sum of $20.000.00, payable by County Warrant {said transaction hereinafter referred to as the 'Closing"). Said payment shall be full compensation for the Easement con~e.~ed, including all landscaping, trees, shrubs, improvements, drivex~a.~, and fixtures located thereon, and for an3, damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes, and said payment includes full payment of the cost of building a ne~ circular drivewa3 at $9,110.00 and landscaping at $7,115.00. 2. Owner agrees that this Easement res{neB building, planting, or erecting structures within the easement area. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbenng the Easement, the execution of such instruments which will remove, release or subordinate such encLmbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such 'nstruments, properly executed, to Purchaser on or beSore the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within s.xty (60) days from the date of execution of this Agreement by the Pm'chaser; provided, I'owever, that Purchaser shall have the unilateral right to extend the term of this Agreement pend:ng receipt of such instruments, properly executed, AG, ENI~A I~'EM No. \~ DEC 0 3 2002 which either remove or release any at.d all such liens, encumbrances or qualifications affecting Purcfiaser's enjoyment of the ?ropeny. At Closing, Purchaser shall deliver the Count.,' Warrant to O~'ner and Owner sh',fll :telivcr the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by Ire Board of County Commissioners of Collier County,, Florida. 6. Owner represents that the property underb':ng the Easement. and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laas; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement excepi al specifically disclosed to the Purchaser; that the O~'ner has no knowledge of any spill cr environmental law violation on the property contiguous to or in the vicinity of the E~_sement to be sold to the Purchaser, that the Owner has not received notice and otherwise h.as no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underb4ng 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. 7. Or, net shall indemnify, defend, save and h~Id 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 paralegat and attorney fees and expenses v, hether in court, out of court, ir, bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by c~ asserted against the Purchaser by reason or arising out of the breach of O~ net's representa_ien under Section 6. This provision shall survive Closing and is not deemed satisfied by cmlxe.,,ance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All od'.er costs associated with this transaction including but not limited to transfer, documemar:' and intangible taxes, and recording costs for an~ curative instruments shall be borne ant_ I:ai~- b.', O'.~.ner. Owner shall be responsible for paying any costs and/or fees associated xx ith secunng and recording a Subordination, Consent & Joinder of Easement of the mortgagers) recorded against the property underlying the Easement from the mortgagee(s). The c~l of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and pro',isions hereof shall be effective as of the date this Agreement is executed by both parties 3_qd shall inure to the benefit of and be binding upon the parties hereto and their respective heir~, executors, personal representatives, successors, successor trustees, and/or assignees, w hone ,'er the context so requires or admits. 10. Conveyance of the Easement b3 Owner ~ zontmgent upon no other provisions, conditions, or premises other than those so stated abo~: and the written Agreement, including all exhibits attached hereto, shall constitute the enti:e Agreement and understanding of the parties, and there are no other prior or contempo-aneous written or oral agreements, undertakings, promises, xx arranties, or covenants not cc.ntained herein. 1 I. If the Ox~ ncr holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any fom~ 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 t.qe Easement held in such capacity is conveyed tt Purchaser, its successors and assigns, ill 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.) 12. This A~eement is governed and cons:rued in accordance with the laws of the State of Florida. DEC 0 3 200. IN WITNnESS WHEREOF, the parties hereto have executed this Agreement on this da5' of 2002. Date Easement acquisition approved b5 BCC: AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk JAMES N. COLETTA, Chairman AS TO OWNER: ~AN~ys¢OOK :,:5 Wimess (Simmture (Pnnt or Type) Witness (Signature) · / Name: C~ (Print or Type) / [~I!~;IgI~P(LY ~ 7~2 00~K Witness (.Signatu[: ~ Name: '",':'~ ~ (Print or Type) ~qtness (Signature) Name: ( (Prim or T~e) Approved ~ to fo~ and leg~ sufficiency: ~E~len T. Qhadwell Assistant County Attorney DEC 0 3 2002 Pg. __~ ,,,o ~Z ~ Z mzO ~ z 0 ~ ~o ~ ~ < o ~ ~ A~NDA ITEM ~ ~ o DEC 0 3 2002 Pg. EXECUTIVE SUMMARY BOARD APPROVAL TO TERMINATE A LEASE AGREEMENT WITH VOLUSlA COUNTY FOR THE USE OF TWO TROLLEY/BUSES. OBJECTIVE: Approval to terminate a lease agreement with Volusia County for the use of two trolley/buses. CONSIDERATION: On May 14, 2002, the Board granted approval to enter into a Lease Agreement with Volusia County for the use of two trolley/buses. On July 30, 2002, the Board approved the lease agreement and authorized the Chairman to enter into the agreement. Upon receiving the trolleys, staff was informed that the trolleys had mechanical problems that would need to be repaired before the vehicles would be allowed to be put in service. Arrangements were made to have Volusia County coordinate the repairs. Due to the extensive time it is taking to get the vehicles repaired, staff is recommending that the lease be terminated. FISCAL IMPACT: The fiscal impact for a one-year lease would have been in the amount of $19,000.00 ($500.00 per month X 12 months X 2 buses + $3,500.00 X 2 buses = $19,000.00). These funds were available in Transit Enhancement Fund No. 313. If the lease agreement is terminated, there will not be a fiscal impact. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATIONS: Authorization for the Chairman to terminate the lease agreement with Volusia County for the use of two trolley/buses. Prepared by: .. , Date: 10/20/02 Ji~vl'~rown, Public ~!ransport~tion Planner Reviewed by'"~,-~,~",~'~'~~~ Date: 10/20/02 · I:~b-ert Herrington, MP(~anager - Approved by: ,~~,'~- '~~ Date: 10/20/02 Norma/eder, Transportation Services Administrator _ DEC O 3 2002 Pg. \ EXECUTIVE SUMMARY,,. APPROVE SUPPLEMENTAL AGREEMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION SOUTHERN, IN THE AMOUNT OF $99,715, FOR THE DESIGN OF COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD, PROJECT NO. 6O1O1 ~ To gain Board approval of the negotiated Supplemental Agreement No. 6 to the Professional Services Agreement with URS Corporation Southern, for the design of County Barn Road, Four-Laning and Associated Improvements, Project No. 60101. CONSIDERATIONS:. On November 17, 1992, the Board approved the Professional Services Agreement with URS Corporation Southern, for the design of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road, a distance of approximately two miles. The design included a four lane divided road section, drainage improvements and environmental services. On Jul)' 20, 1993, the Board approved Supplemental Agreement No. 1 to adjust the Consultant's contract time. On June 7, 1994, the Board .... approved Supplemental Agreement No. 2 to add water management improvements. On November 7, 1995, the Board approved Supplemental Agreement No. 3 for drainage modifications. On November 5, 1996, the Board approved Supplemental Agreement No. 4 for utility relocation design. On May 22, 2001, Supplemental Agreement No. 5 was issued to review and update the design plans and to prepare a current engineer's cost estimate. Approval of Supplemental Agreement No. 6 will authorize the Consultant to proceed with updating the roadway design to current standards; to verify right-of-way requirements; to provide a current cost estimate; to incorporate the results of the Lely Drainage Basin Study into the drainage design; to provide a Noise Impact Study; and will adjust the Consultant's fee schedule to current County fees for Professional Engineering Services. A copy of the negotiated scope of services and fees are attached. The Consulta.it's fee proposal was reduced by 10.93% through negotiation. The completion date for the work has been set for March 31, 2003. This will enable the County to proceed with the preparation of the necessary permit applications and to prepare the contract bid package, as well as identifying all additional right-of-way required to complete the project. This project is scheduled to start construction in early 2004. The recommended contract change has been prepared and reviewed in accordance with the County's purchasing policy and contract administration procedures. modification check list form has been completed and is enclosed with this agel d~.~.E DEC 0 3 2002 FISCAL IMPACT: Funds in the amount of $99,715 are budgeted in the Road Impact (V Fee District 4 Fund (336). Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element, CIE No. 33, is consistent with the 2025 Collier County Financially Feasible Plan. RECOMMENDATION: That the Board of County Commissioners approve Supplemental Agreement No. 6 with URS Corporation Southern, in the amount of $99,715, and that the Chairman be authorized to sign Supplemental Agreement No. 6 as provided herein. SUBMITTED BY: G,~c,,_ Date: Allen R. Ruth, P.E., Senior Project Manager Transportation Engineering & Construction Management Department REVIEWED BY: ~ ...'~.,o- . ,.c,.._ Date: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering & Construction Management Department REV~WED BY: h~~/~ Date: Gregg R. Strakaluse, P.E., Director / " Transpo~ation Engineering & Construction Management Department .~~Q (~,~/ Date: REV~WED BY: Stephen. Ca~ell, Purchasing / General Services D~rector Nom~ E. Fed~r, XICP, Trap ' ' ' A A ITE~ DEC 0 3 2002 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: County Barn Road PROJECT #: 60101 BID/RFP #: 91-1688 MODIFICATION #: S.A. No. 6 CONTRACT AMOUNT: ORIGINAL $ 346,080.40 CURRENT $ 716,186.84_ CURRENT COMPLETION DATE(S): ORIGINAL: January 17, 1994 CURRENT: March 31, 2003 SUMMARY OF PROPOSED CHANGE(S): Update roadway desi.qn to current ... standards; verify riqht-of-way requirements; provide a current cost estimate; modify drainaqe desi.qn to include the results of the Lely Draina.qe Basin Study; provide a Nois~ Impact Study; and update the Consultant's fee schedule to current County fees for Professional Enq neerin.q Services. JUSTIFICATION FOR CHANGE(S): To enable the County to proceed with the necessary permit applications and to prepare the contract bid packaqe. This proiect is scheduled to start construction in early 2004. PARTIES CONTACTED REGARDING THE CHANGE: Immediate supervisor; Consultant; Purchasin.q and Contracts A.qent; Purchasinq Director; County Attorney's Office; Department Director; and Transportation Administrator. IMPLEMENTATION STEPS (Check each before proceeding with change) ~ Proposed change is consistent with the scope of the existing agreement ~ Change is being implemented in a manner consistent with the existing agreement X~ The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPRCVE: ~ ~ ¢'~" Date: /'/-/oc' ~ Allen R. Ruth, P.E., Senior Project Manager COMMENTS: A G,'",'~,.~,~ ITEM DEC C., 3 2002 COUNTY BAILN ROAD (DAVIS BOULEVARD TO RATTLESNAKE ItAMMOCK ROAI)) SUPPLEMENTAL AGREEMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT THIS Supplemental Agreement No. 6 to the Professional Services Agreement, Contract 91-1688, dated November 17, 1992 (hereinafter referred to as the "Agreement") is made and entered into this day of , 2002, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY" or "OWNER"), and URS Corporation Southern, a corporation duly authorized to conduct business in the State of Florida, whose business address is 7650 West Courtney Campbell Causeway, Tampa, Florida 33607 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid Professional Services Agreement for the provision of professional services for the Design, Surveying and Environmental Services for the Four- Laning and Associated Improvements to County Barn Road (Davis Boulevard to Rattlesnake Hammock Road), Project No. 60101 (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree that additional design services consisting of updating the design of the roadway to include plan and specification revision to current standards; verification of right-of- way requirements; provision of a current Engineer's Cost Estimate; drainage modifications to include incorporating the results of the Lely Drainage Basin Study; provision of a Noise Impact Study; and updating the Consultant's fee schedule to current County fees for Professional Engineering Services; being contemplated under said AGREEMENT are necessary; and, WHEREAS, CONSULTANT represents that he has the expertise and the type of professional setMces that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: ARTICLE ONE 1.I CONSULTANT shall provide to OWNER professional Design, Surveying and Environmental Services in all phases of the project to which this supplemental agreement applies. 1.2 CONSULTANT shall provide professional sen, ices in addition to those outlined in said AGREEMENT as noted in Attachment A, Scope of Services, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as pcescribed in Attachment B, Cost Estimate, as attached hereto, and made a part hereof. 2.2 AGREEMENT amount through Supplement No. 5 .................... $ 616,471.84 This Supplemental Agreement No. 6 ...................................... $ 09,715.00 Revised AGREEMENT total amount .................................... $ 716,186.84 AGENDa, ITEM) No._~ -,,,+. DEC 0 3 2Io r Page I of 2 .L~ Pg. ARTICLE THREE 3.1 The schedule for said PROJECT will be revised to establish tile completion date for the work under ~ Supplemental Agreement No. 6 as March 31,2003. ARTICLE FOUR 4.1 The AGREEMENT, as modified, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement to the Professional Services Agreement for the Design, Surveying and Environmental Services for County Barn Road tile day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. By: By: Approved as to fom~ and legal sufficiency: t~~t~~ URS Corporation Southern Witness / By: ~~~ --,, ~wc.~ ,-,.-~/7~ ~ ~' -,,.._./,_ ~~ '~ Ja~hid Raoofi, P~., ViSe President Witness AG D ITB DEC 0 3 2002 Page 2 of 2 Exhibit "A" SCOPE OF SERVICES Supplemental Agreement Number 6 Collier County Project Nos. 60101/60102 County Barn Road From Rattlesnake Hammock road to Davis Boulevard Incorporate Additional Storm Sewer Requirements based on the February 22, 2002 Meeting with the Depar~nent The Collier County Department of Transportation Engineering and Conslruction Management (Department) has retained the Consultant, URS Corporation (Consultant), to prepare plans for the widening of County Barn Road. The Collier County Stormwater Department has been developing conceptual drainage improvements for the Lely Basin which affect the County Barn Road drainage system and which require the revision of the County Barn Road plans. The Consultant shall revise the County Barn Road plans as follows: i. Change triple 36" RCP culverts ~.o single barrel 36" RCP culverts at the following locations: A. Station 110+62 RT B. Station 107+80 RT C. Station 97+60 RT II. Change double 36" RCP culvert to single barrel 36" RCP culvcrt at Station 91+50 RT. EI. The Department has requested that a weir be added near Station 78+25 LT to maintain existing seasonal high groundwater in response to Water Management District concerns. The Consultant shall modify the inlet of a 8' x 4' box culvert located near Station 78+25 by adding and incorporating into the wingwalls of the culvert, a 20-foot long weir with a top elevation of 8.0' and a 3' x 3' manually operated sluice gate located at the middle of the box culvert opening. A walkway is to be provided to access the sluice gate operating mechanism. The Department prefers that the sluice gate be manufactured by Waterman, Golden Harvest, or Rodney Hunt. IV. The proposed weir near Station 78+25 will create a canal hazard, as def'med in Florida Department of Transportation (FDOT) Plans Preparation Manual Section 4.2.1 "... a ditch parallel to the road for a minimum distance of 1000 feet with a seasonal water depth in excess of 3 feet for extended periods of time (24 hours or mSre)". FDOT criteria requires a minimum clear zone of 40 feet in this situation or the placement of guardrail. The Consultant shall revise the bottom elevation of the right ditch from Station 77+28 to Station 111+00 from elevation 5.0 to elevation 6.0 to eliminate the canal hazard. V. The proposed weir near Station 78+25 RT will establish a seasonal high water less than the minimum base clearance criteria of one foot below the bottom of base of the adjacent roadway. The Consultant shall incorporate an underdrain system along the right edge of pavement between Station 73+60 to 117+00 to protect the roadway base from saturation. The underdrain system will tie into the stormdrain system which outfalls to the left side ditch at a lowe ' eaaeonal high, water. AG F__~D,~TE Ivl_, DEC 0 3 2002 \k:Int04~jh\Collier County~xhibit. doc Page 1 of 2 1 ~9- VI. Based on information derived from a field review conducted on February 21, 2002, the Consultant shall make the following revisions to the plans: A. Add inlet and piping near Station 86+80RT to pick up the discharge from an 18-inch pipe from an offsite pond. B. Add inlet and piping near Station 27+00RT to pick up changed drainage north of new · . driveway constructed near Station 26+00RT. VII. The Consultant shall revise the plan and profile sheets for the projects by incorporating digitally rectified aerial photographs recently obtained by the Department. VIII. The Consultant shall update the Engineer's Cost Estimate to reflect plan and design revisions and to reflect current year unit costs. IX. The Consultant shall develop new stormwater modeling for the west or left ditch along County Barn Road by using the SWMM model hydrograph for the 25 year, 72-hour storm event at the mode at the northwest comer of County Barn Road and Rattlesnake Road. X. The Consultant shall coordinate the development of the County Barn Road Environmental Resource Permit (ERP) with the'Lely Basin ERP being developed by the Department. (This item as Directed by the Department) XI. The Consultant shall coordinate other elements of the stormwater system design for County Barn Road with the conceptual design particulars being developed by the Department for Lely Basin. (This item as Directed by the Department) XII. Development in the area of County Barn Road ma3' result in increased drainage flows to County B~'n Road; thc Consultant shall reflect these i,c~ca~, flows i~i thc storm~,atc~ syat~.., d~ai~, Fo, County Barn Road. XIII. The stormwater swale along the north side of Davis Boulevard discharges through a 15-inch pipe underneath Davis Boulevard to the west ditch along County Barn Road. It is proposed to relocate the west ditch. The 15-inch pipe should be extended or lengthened to discharge into the relocated ditch. XIW. Revision to stormwater design to provide required treatment volume (1.875" dry retention for added impervious area), to provide stormwater control details and to relocate structures to meet current FDOT guidelines for maximum pipe lengths. DEC 0 3 2002 \~c I nlO4\jh\Collier County'~..xhibit.doe Page 2 of 2 P ATTACHi~]~NT A EXHIBIT "B" SCOPE OF SERVICES Supplemental Agreement Number 6 Collier County Project Nos. 60101/60102 County Barn Road from Rattlesnake Hammock Road to Davis Boulevard Perform Noise Impact Analysis based on a Request by the Department 1.0 PURPOSE URS Corporation Southern (the Consultant) is to perform the noise impact analysis and noise barrier evaluation for County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. This analysis shall be performed following the Florida Department of Transportation (FDOT) guidelines described in Part 2, Chapter 17, of the Project Development & Environment (PD&E) Manual. The Federal Highway Administration Traffic Noise Model (TNM) (TN~WI-Version 1.0b) will be used. The analyses will be performed for one existing condition and two future-year conditions (e.g. with and without the planned improvements). 2.0 PROVISIONS FOR WORK All work provided herein shall be performed in accordance with the terms set forth in the Original A~eement and with any reasonable modification as directed by the Collier County Transportation Engineering and Construction Management Department ("the Department") during the term of the Change Order covering this work. 3.0 SERVICES TO BE PROVIDED BY THE CONSULTANT 3.1 The Consultant shall provide professional services to analyze traffic noise impacts along County Barn Road within the project limits as stated above and according to the FDOT guidelines as described in the PD&E Manual. The analysis will be performed for one existing condition and two future-year conditions. 1) Validate the model according to the referenced guidelines. This will include one field trip to the project site. 2) Perform the computer modeling for the existing, no-build, and future build conditions. 3.2 Perform the barrier analysis at locations indicated as a result of the computer modeling deszribed in 3.1 to determine the reasonableness and feasibility of noise barriers. 3.3 Summarize the results of the analysis in a Noise Impact Analysis Report/Memo, which will describe the methodology, data sources and assumptions used. The results will be summarized in tables. The appendix will contain supporting materials developed in support of the analysis. Up to five copies of both the Draft and Final reports will be p[a.~e,4 , _ / AG E;N D.,,~ 4.0 SERVICES NOT TO BE PROVIDED BY THE CONSULTANT { DEC032002 4.1 This scope does not include the design of noise barriers or updating of plans to ~nc]ude noise ATTACHMENT A 5.0 COORDINATION REQUIREMENTS 5.1 Coordination Requirements 1. The Consultant shall attend up to two meetings as deemed necessary by the Department. 6.0 ITEMS TO BE PROVIDED BY THE DEPARTMENT The Depariment will provide those services and mater/als as set forth below: 6.1 The traffic data for the noise analysis will be prepared by the Department in the proper format and furnished to the Consultant. AG D ITEM BEC 0 3 2002 pg (~ ATTACHMENT B AGENDA ITEM DEC 0 3 2002 ATTACEMENT B 'r' 0 0 Od '~ ..... ' -- ~ -- ~ ~ ~ ~ - -- · ~,~ ~ ~ ~ ~ = ~ - ~ ,~ .~ ~ ~ ~ o ~ ~ AGENDA ITEM · ~ m i 'i ~ No.__ o~ ~= . ~& ~ ~ ~ ~ o ~ ~~o ~ ~ DEC032002 o ~~ ATTACHi~ENT B Collier County Fee Schedule "Fi×sd Term Professional Engineering Servicss" Professional Credentials Principal F.E. $150.00/hr Senior Engineer/Project Manager P.E. $100.00/hr Engineer il P.E. S90.00/hr Engineer I E.l.T Designer Planner $70.00/hr Senior Planner A.I.C.P.. or P.E. $85.00/hr Senior Technician $55.00/hr Technician S45.00/hr Senior Inspector $70.00/hr Inspector S55.00/hr Administrative Assistant, Secretary $45.00/hr Clerical, other support $35.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professi¢ nal, support and other services shall be mutually negotiated by the County and firm on a projec; by project basis as needed. AGi~ND~, ITEM DEC 0 3 2002 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER PARK OF COMMERCE OWNERS' ASSOCIATION, INC. (COPC) FOR THE PURPOSE OF CONSTRUCTING TWO CONNECTING ROADS BETWEEN SOUTH HORSESHOE DRIVE AND ENTERPRISE AVENUE EXTENSION (TRANSFER STATION ROAD) AT NO COST TO COLLIER COUNTY. OBJECTIVE: To present an Agreement to the Board for consideration and approval of an Agreement wherein Collier County will construct improvements to Enterprise Avenue Extension (Transfer Station Road) and COPC will construct two connector roads at the Developer's cost (Attachment No. 1). CONSIDERATIONS: Staff has been working with the developer of the remainder of the Collier Park of Commerce, Lund Enterprises, for over a year to secure an Agreement wherein the improvements to Enterprise Avenue Extension (Transfer Station Road) will serve a wider use by virtue of two connector roads running north and south from South Horseshoe Drive to Enterprise Avenue Extension. As a result of the recent Livingston Road improvements, it became apparent to staff that an improved grid network would better serve the area comprised of the Collier Park of Commerce and the Naples/Collier County Production Parks, located on the west and east sides of Airport Road respectively. Toward that end, staff determined that a traffic signal at the Airport Road/Enterprise Avenue/Transfer Station Road intersection will assist in smoothing traffic flow along Airport Road and facilitate traffic flow into and out of the adjacent industrial areas. This signal, coupled with the recent median modifications along Airport Road will function even more efficiently if the Collier Park of Commerce can be connected to Enterprise Avenue Extension (Transfer Station Road). Lund Enterprises, through the COPC, has agreed to construct the connector roads as part of their ongoing improvement program for the Collier Park of Commerce. To maximize the efficiency of the project and to minimize expenses for both parties, staff is requesting that an agreement between COPC and Collier County be executed. This agreemen' (Attachment No. 2) contains the following major items: · The County will manage the project, including the bidding and construction phase services. · COPC will pay for all improvements to the two connector roads. · COPC will provide drainage easements to Collier County for the drainage outfall for Enterprise Avenue Extension. ~twOAGENI;)A ITEM · COPC will provide easements in favor of Collier County for tl~ No. -~ [¢1~ ~ _ connector roads. -- DEC 0 3 2{302 FISCAL IMPACT: There is no fiscal impact as a result of approving the proposed Agreement. COPC will pay for the entire cost of the connector road improvements, including drainage and roadway improvements. GROWTH MANAGEMENT IMPACT: There is no growth management impact as a result of this Agreement. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the Agreement on behalf of the Board and that staff be directed to provide whatever documentation and further~action is necess, ary to carry out the intent of the Board's direction.~_//5/~ X-;'/ ///a~' //t~ SUBMITTED BY: kO~ te: ! Edward J. Kan~sportation Operations Director - ' Of'c"--~-; . / ?" .3~-~ ,.g~,, -,4, ~-~ Date' REVIEWED BY: ,>,:__~ ), . ,.,., . - · .CPM, General Services Director tev ;lame"; APPROVED BY: .,~ . Date: /,/.,_~ No'Tab E. Feder, AICP, Transportation Administrator Attachments: No. 1 - Lodation Sketch No. 2 - Proposed Agreement AGENDa, ITE~ DEC 0 3 2002 N LONGBOAT DR ARNOLD AVE I CLIPPER WAY . I MERCANTILE AVE I OUTRIGGER LN PROGRESS AVE N. HORSESHOE DR / DOMESTIC AVE %.. S. HORSESHOE DR ENTERPRISE AVE ENTERPRISE AVENUE EXTENSION PROPOSED SIGNAL (TRANSFER STATION ROAD) EXCHANGE AVE ~ PROSPECT AVE Al RP OR T / ~-,,~ ~ I ~ EXIST. SIGNAL O, RADIO ROAD LEGENG: ,"9 EXIST. SIGNAL ~ PROPOSED SIGNAL ~c,~,~,o. / LOCATION SKETCH DEC 03 200?. ~,GE / OF I ~ L Pg. AGREEMENT THIS Agreement is made and entered into this __ day of ,2002, by and among CPOC Realty LLC, a Delaware limited liability company, and CPOC Development Company LLC, a Delaware limited liability company £/k/a Lund/CPOC Development Company LLC, a Delaware limited liability company hereinafter singularly and collectively referred to as "DEVELOPER", Collier Park o£ Commerce Owners' Association, Inc., a Florida not-for-profit corporation, hereinafter re£erred to as "ASSOCIATION", and the Board of County Commissioners of Collier County, Florida, a political subdivision of the State o£ Florida, hereinafter referred to as "COUNTY". DEVELOPER is used as singular or plural as Ibc context requires. WITNESSETII: WHEREAS. the County, the City of Naples and the Collier County Airport Authority desire to expand Transfer Station Road aka Enterprise Avenue Extension to a two-lane roadway; and WHEREAS, CPOC Realty LkC, the developer of lhe East Naples Industrial Park, also known as lhe Collier Counly Park of Commerce, desires to construct two (2) roadway connections from South Horseshoe Drive to tile expanded Enterprise Avenue Extension; and WHEREAS, the COUNTY has agreed to construct tim connector roadways as part of the County's reconstruction of Enterprise Avenue Extension provided DEVELOPER pays the actual cost lo construct the connector roadways; and WHEREAS, the COUNTY desires to acquire road right of way easements for two (2) roadway connections from DEVELOPER; and WHEREAS, DEVELOPER and ASSOCIATION have agreed that Enterprise Avenue Extension may drain inlo the ASSOCIATION'S stonnwater system. NOW, THEREFORE, in consideration of lhe above premises and other good and valuable consideration, Ibe receipt anti sufficiency of which is hereby acknowledged, and timber consideration of thc mulual covenants contained herein, iL is agreed by the parties as follows: 1. The CO~TY shall perfom~, provide and othenvise undertake the desi~, pe~itting, construction and contract administration for the construction of Ente~rise Avenue Extension and two (2) roadway connections from South Horseshoe Drive to the expanded Ente~rise Avenue Extension. The conslruclion of thc connector roadways sbatl be pursuant to the COUNTY'S plans and specifications dated 7/3 l/OI prepared by Johnson Engineering, which may be revised as appropriate by the COUNTY or its contractor; provided, however, that no changes shall be made lo lhe plans and specifications relating to lhe connector roadways 8escfibed herein xvithout DEVELOPER's consent, which consent shall not be unreasonably withheld. The desi~ plans prepared and provided by the CO~TY are deemed to inclu& construction drawings, pe~its, specifications and all olber contract documents for the construction of the connector roads along Ente~fise Avenue Extension. 2. Wilhin thirty (30) days ofthe execution of this A~eement, DEVELOPER a~ees lo convey road right-of-way, lrainage, ulility and maintenance easements as described on the attached Exhibit "A" to the COUNTY free and clear of all liens and encumbrances. DEVELOPER a~ees to provide COUNTY wJlb an opinion of title sinmltaneously with its delive~ of the conveyance instrument. The conveyance instrument shall specify that DEVELOPER is responsible for mainlenance of these collector roadways and Collier County shall have no maintenance responsibility of the connector roadways. DEVELOPER may convey easement interests to other entities over the area described in Exhibit "A" after the easement to the COUNTY has been recorded in the public records of Collier County and accepted by Collier County. AG~A 3. DEVELOPER shall pay to thc COUNTY, pursuant lo lbe temps of hisNO' for thc construction administralic of Agreement, tb~ aci,,l c6~:; ~:;:::~ea '-y,he COVNTY and DEC0 3 2002 the two (2) 4onnector road~vays along Ente~rise Avenue Extension excluding costs of /ATrACHMEN NO' - /PAGE / OF ~ I pg. engineering, permitting, inspections or CACO/CIE. DEVELOPER and ASSOCIATION shall not be responsible for the cost of the traffic signal to be installed at the intersection of Airport Road and Enterprise Avenue Extension. 4. DEVELOPER shall be entitled to a single driveway connection to be located midway between the two proposed connector roadways on Enterprise Avenue Extension which shall be permitted through the site development plan process, provided the COUNTY has jurisdiction over Enterprise Avenue Extension, and provided such connection complies with the County's Access Management Plan, County ordinances and the County's Land Development Code. 5. COUNTY agrees that median openings shall be constructed at the location of the connector roads if Enterprise Avenue Extension is four-laned in the future, provided, however, the COUNTY reserves the right Io close the median openings after initial construction based on documented safety and/or capacity issues. In the event the median opening is closed in the future, the connector road constructed pursuant to this Agreement shall continue to have access to Enterprise Avenue Extension unless the connector road is vacated pursuant to Sections 336.09 and 336.10, F.S. 6. The parties agree that Enterprise Avenue Extension may drain ~nto the Collier County Park of Commerce water management system in perpeluity and file COUNTY shall not be responsible for maintenance of the water management system. 7. COUNTY and DEVELOPER shall each be responsible for tile negligent acts, events, or omissions of action of its officers, employees, or agents, and their successors and assigns, restllting in any contaminalion or pollntion entering tile stom'~water management system, to the extent provided by law. Nothing herein shall be constrtied to waive any rights, in law or equity, that the COUNTY or DEVELOPER has or may have against third parties for the acts of such third parties resulting in contamination or pollution of the properties of the COUNTY or DEVELOPER or tile stormwater management system. 8. In the event the COUNTY permanenlly closes the intersection of South Horseshoe Drive and Airport Road, the COUNTY shall provide DEVELOPER notice in writing 60 days before the date of the intersection closure. 9. In the event Enterprise Avenue Extension is expanded to four lanes, the COUNTY shall pay for the cost of any sto[mwater connections to tile existing drainage ditch or any closed-pipe system. 10. The property owners within the Collier Park of Commerce have no responsibility to share in the costs of lighting, irrigation or landscaping of the improvements to Enterprise Avenue Extension unless a municipal service taxing district and/or benefit district or other funding source is created. I1. COUNTY agrees to insert a clause in the bidding specifications for Enterprise Avenue Extension and the two connector roads that the connector roads will be bid as an alternate bid above the base bid for Enterprise Avenue Extension and the bid price for like items in the base bid and alternate bid shall be the same. 12. COUNTY and DEVELOPER shall maintain insurance in the minimum amounts and types as required by Florida law. COUNTY and DEVELOPER agree that ~ither party may be self-insured on the condition that all self-insurance must comply wilh all State laws ~nd regulations and must meet with the approval of the other parties of this Agreement. 13. The Collier County Transportation Services Division, either directly with the DEVELOPER, or through duly authorized representatives assigned to the project, shall act as the COUNTY'S contract authority under this Agreement. As the COUNTY'S designee under this Agreement, the Collier County Transportation Services Division shall also have the authority, wilb the prior written approval of the DEVELOPER, to extend the scope of work in the project uP t° a value n°t t° exceed 15% °f the COUNTY'S actual c°ntract bid price f°r c°nstructing t ": OA~'~ ~ project Ihus increasing the amot,nt of design, pemlitting, constrtlction and/or contr: :t A M administration services beyond that originally contemplated herein. COUNTY will endeavor :o N commence with and complete constrtiction of the project in accordance with the contract tit ~e I established by the Board of Countv Commissioners pursuant to County Bid No. DEC 0 3 200? I ATTACHMENT NO. 3, Pg. PAGE 'z, OF tq Work for the project shall meet the specified standards of the State of Florida, Department of Transportation and the County Transportation Services Division. 14. COUNTY shall provide DEVELOPER with a statement outlining tile anticipated construction costs of the project (ACP) wilhin ninety (90) calendar days after execution of this Agreement. The ACP shall summarize ire estimated lump sum and/or unit prices for required xvork and construction materials multiplied by the COUNTY'S estimated quantities of said work and materials. The ACP represents the COUNTY'S best projection of the probable costs of constructing the project based on the COUNTY'S design of the project. 15. ASSOCIATION shall pay to the COUNTY a sum equal to the ACP within fourteen (14) calendar da~ after the receipt of the ACP, but not before ASSOCIATION has had the opportunity to review the costs of construction ofsaid connector roads. 16. COUNTY shall provide DEVELOPER upon completion of the project by the COUNTY with a statement showing the actual construction costs of the project hereinafter referred to as Actual Construction Costs Statement (ACCS) within thirty (30) calendar days after the construction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER. COUNTY shall reimburse DEVELOPER for the difference in value between the ACP and the ACCS if the fornaer exceeds the latter amount. COUNTY shall pay the additional amount to DEVELOPER within forty-five (45) calendar days after the date on which the constrtlction provided for in this Agreement is completed by the COUNTY and accepted by the DEVELOPER. DEVELOPER stroll reimburse the COUNTY for the difference in value between the ACP and the ACCS if the latter amount exceeds the former amount. DEVELOPER shall pay tile additional amo,nt to lite COUNTY within forly-five (45) calendar days after the date on which tile construction provided in this A~eement is completed by the COUNTY and accepted by tile DEVELOPER. 17. COUNTY acknowledges that the construction of the connector roadways shall result in existing improvements being located less than ten (10) feet from the edge of the proposed easement area described in Exhibit A, although the required side yard set back for said improvements is ten (10) feet. COUNTY timber acknowledges and agrees, however, that pursuant to Section 2.1.13 of the Collier Co,nty Land Development Code, that the construction of said connector roads shall not resuh in said side yards less than ten (10) feet in width being a non-conforming use; and, timber, said side yards shall be deemed to be in compliance with Section 2.1.13 of said Collier County land Development Code, and as s,ch, a conforming use. 18. This Agreement shall be governed by and constrned under the laxvs ofthe State of Florida. In the event any litigalion is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attorney's fees. 19. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be reduced to writing and signed by the parties hereto. 20. Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force and effect from the date first written above and shall terminate upon the completion of the services and responsibilities performed by the COUNTY and DEVELOPER to each other's reasonable satisfaction which shall be evidenced in writing. 21. COUNTY or DEVELOPER may terminate this Agreement with reasonable cause prior to the completion of the project upon thirty (30) days prior written notice to each other as provided in this Agreement. In the event ofsuch termination by either party, the COUNTY shall be entitled to compensation for vah,c of services provided, construction performed and termination costs as actually incurred. 22. This Agreement is not assignable without the consent of the COUNTY and DEVELOPER. JATTACH ENT NO. No. , JPAGE 3 OF DEC O 3 2002. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO THE COUNTY: BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLL1ER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: JAMES N. COLETTA, Chaim~an AS TO THE DEVELOPER: ' D SIGNED, S EAL~F-'LIV ERE IN THE PRESESIC~F:~ CPOC REALTY, LLC, a Delaware limited '~.,~~ liability company ~( ((.~/~". By: TCL Realty, Inc., an Illinois corporation (1) Its managing member Pn~'e'~'Typcd Name ' - N~NOY G. Printed'T)~ed N=me (I CPOC Development Company LLC, a Delaware limited company ~a Lund/CPOC ~' ~ Development Company LLC, a Delaware [ ((i}< - · ?( ~C,"(~'. , lin, ilea liability company Pr/n~¢cd Name By: TCL Really, Inc., an Illinois co~oralion _~ . Ils managing member T)~dd or Prated N~mc gTAgHMENT NO. LT. No._.J,u,'~ - PAGE 4 05 g DEC 0 3 2002 4 Pg. 7 ,,/ ~' (Corporate Seal) I By: COLLIER PARK OF COMMERCE (1) ,~ OV~rNERS' ASS/OC1ATION, 1NC.: Prmled7Iyped Nan',¢ ~. Witge~' Signatu NANCY C. JARVI Approved as to form and legal su~cicncy: Heidi F. Ashlon Assistant County h: I WA~,A gr ecmcn W~C POC RcMlyl QBN^Px372350 3 ATTACHMENT NO. ~- - AGE,,ND,~ ~T,6~ PA~E~ OF ~ .o.~ DEC 0 3 2002 5 Pg._ ~ LOT 2 I I 10.00' I -SO UTH-'~OR5%~i~e~ '-e~ 45.00'--j 172'07'---I UTILI'T~ £ASEblENT J ~ .o LOT 35 ~ O u¢ u) LOT 8 L,J bJ GRAPHIC SC.A].~. 50' o' 25' 50' '~ ~' 0 c5 m 0 ! inch : 50' ft. J 50' DRAINAGE EASEMENT._ OF LOT 8 ~:)o POD,fT 0¥ B~.GINN]JqG ,q I ~0.00' m 172.04' S 89'51'42" W DESCRIPTION: TRANSFER ROAD RANG£ 25 EAST. COLLIER CfX3N~', FI-ORIDA AND BEING MORE PAR~]CUb~RL¥ DESCRIBED AS FOLLOWS: NOTES: CO~ENCZ ^r r~E SOUTHWEST CORNER O¢ [or 8 0¢ '[ASr NAP[ES iNou$~m~. ~Am( REPU~r ;~' ~CCO~mN¢ rO r~E ~[Ar T~EaEO~ ~.) IH[S ES NOI A SURVEY. RECORDED IN PL~T SOOK ~?, PAGES ~ AND S90~ ~E PUBU¢ ~ECO~D$ O~ CO~UER COUN'n', ~.ORIO~ FO~ a PC"~r O~ S£¢~NN~N¢; 2.) Sealings ore based on the West EAST P~L ~ ~O ~ST UNE ~ LOT ~ A ~ST~CE ~ 147.~ 3.) Subject to easments, rese~oti~s and restrictions FE~; ~[N~ RUN ~ 15~5'16' EAST, A DISTAN~ ~ ~18 ~ET; of record. ~CE RUN ~ 00~8'~' ~ PAR~ ~ SAID ~ST UNE ~ LOT B, A ~ST~CE ~ 52.~ ~ TO AN IN~C~ ~ ~E SOU~ UNE OF SAID LOT 8; ~ RUN SOU~ 89~1'42' ~ST ~ONG SKETCH ~g DESCRIP~ON SA~D S~m UN[ Or LOT ~. A D~ANm Or eO. O0 ~ET ZO mE P~NT Or SC~NN~NC. SI~A~D IN LOT 8 NAPLES INDUSTRIAL PARK, REPLAT NO. 1 C~ER C~N~, JOHNSON ENGINE EXHZ3ZT, CURVE DATA: GRAPHIC SCA].~. CURVE DAT~ R = 422.63' R - 15.00' L- 37.24' ~o' ~ 25' 50' L = 6.19' ~ ,~ Ton = 18.63' Tan- 3.14' ~ q~'_~,~,--Delta = 05'02'54' Delta = 23'38'14"~ ~ ~ ~ Chord = S.56~3'16'E. Chord = N.36'I1'39'E. ~e.' 37.23' ( IN FEE? ) 6.14' 1 inch = 50' fL 4.~4~~ ~_r~.~.~ DATA~ 40.0 o -- ~ R = 30.00' ~,~~~ ~ LTan= 26.02' ,., = 15.89' ~,~,. r .~O.j~~ r- Delta = 49'41'29' ' - ~ Chord = S.24'42'26"W. ~x - LOT 29 ~m~ 5 ~ 25.21' ~ ~ LOT 2~ ~ 5", P~ C O.~.B. 990. P.1107 10' ~L EA~ ~ 2~B. P.664 ~ ~ -~ ~ ~ ~ ~N~MER PAD CU"RVE DATA: R = 30.00' L = 8.13' LEGEND: 50' DRAINAGE EASEMENT Ton = 4.09' J Delta = 15'31'33' u.~ ,,mC^T~S UTUTY r~m~'t CURVE DAT~ Chord = S.07'54'05"E O.Ir INDICATES D~AJNA(~ EA~MF~NT R- = 30.~' 8.10' 26.1~ ~ ~ ' mm~s ~o~ ~ a u~ T'm = NO~S: Delte ~ 15~2'02' ~ --~o~ o~ co~~ Chord t) ~s m NOT A SURLY. 8.11' ~S~ ~0~ 2.) ~eorings ere hosed on ~e Eost line of Lot 29 Eos[ Noples Indus~iol Pe~ os being N. 00~8'18' W. 3.) ~b~ct to eo~ents, r~e~tions and res~ictions ~ET~ AND DESCRIP~ON of r~d. 4.) Not ~lid wight She,~ ~; ~ ~neet,. ' SITUATED IN LOT 29 / ATTACHMENT NO. ~ EAST NAPLES INDUSTRIAL PARK ~.~ ~ J P~T B~K 10, PAGES e~y ~ ~ (For t~ m~ ~ ? OF ~ SEC~ON 35, TO, SHIP 49 SOU~ ~A~~T~M~ C~ER COUNt. ~ ;m~O, ir~ ~ - Profe~i~ol Lend no~,d~ ~i,~,. ,o. 5~ J JOHNSON ENGINEE RIN~CI~20P~ Not ~lid wi~out ~e ~i~naturc and ~e ~ig~al raised .. j j~ j~ " ,al of a Fl~ida Uc~sed ~e~ and Mopper. 5-2002 DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 29 OF "EAST NAPLES INDUSTRIAL PARK", AS RECORDED IN PLAT BOOK 10, PAGES 114 AND 115 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND RUN SOUTH 89'51'42" WEST ALONG THE SOUTH LINE OF SAID LOT 29, A DISTANCE OF 33.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'51'42" WEST ALONG SAID SOUTH LINE OF LOT 29, A DISTANCE OF 26.18 FEET TO A POINT ON A CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 15'32'02" AND A CHORD BEARING AND DISTANCE OF NORTH 07'37'43" EAST, 8.11 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 6.13 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 00'08'16' WEST, A DISTANCE OF 316.93 FEET TO A POINT ON A CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 23'38'14' AND A CHORD BEARING AND DISTANCE OF NORTH 36'11'39" EAST, 6.14 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 6.19 FEET TO A POINT ON A CURVE OF THE NORTH LINE OF SAID LOT 29, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 422.63 FEET, A CENTRAL ANGLE OF 05'02'54' AND A CHORD BEARING AND DISTANCE OF- SOUTH 56'23'16' EAST, 37.23 FEET, RESPECTIVELY; THENCE RUN ALONG SAID CURVE OF THE NORTH LINE OF LOT 29, AN ARC DISTANCE OF 37.24 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 49'41'29" AND A CHORD BEARING AND DISTANCE OF SOUTH 24'42'26" WEST, 25.21 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID - CURVE, AN ARC DISTANCE OF 26.02 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 00'08'18" EAST, A DISTANCE OF 280.32 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 15'31'33" AND A CHORD BEARING AND DISTANCE OF SOUTH 07'54'05" EAST, 8.10 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 8.13 FEET TO THE 5AID POINT OF BEGINNING. CONTAINING 7,924.29 SQUARE FEET OR 0.182 ACRES OF LAND, MORE OR LESS. AGENDA ITEM~ - No. I t.~ L~ .. DEC 0 3 2002 NOTE: SKETCH AND DESCRIPTION Not valid ~;tk,~'. --~'~.::; ! _~' ~ ~-h-rt,'l SITUATED IN LOT 29 JATTACHMENT NO._ 2- EAST NAPLES INDUSTRIAL PARK PLAT BOOK 10, PAGES 114-115 JPAGE ~' OF ~ SECTION 35. TOWNSHIP 49 SOUTH. RANOE 25 EAST -- COLL, ER COUNt. n. OR,OA I JOHNSON ENGINEERING, IqC EXECUTIVE SUMMARY EXECUTE A SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY RELATIVE TO TRANSFER ROAD AT NAPLES AIRPORT. OBJECTIVE: To enter into an agreement with Florida Power and Light Company whereby the company subordinates its prior easement rights to Collier County in the case of a conflict between the company's facilities and the County's proposed improvements to Transfer Road. The County agrees to reimburse the company for the relocation of its facilities, should said relocation be required as a result of the extension of Enterprise Avenue west of Airport Road along the existing Transfer Road alignment. CONSIDERATION: The Subordination of Utility Interests document is the standard legal instrument used ~o set forth the rights of both the County and the utility company where conflicts between existing and proposed facilities may exist. FISCAL IMPACT.'.. Expenditures are not expected to exceed $5,000 for FPL facilities relocations. Funds are from gas taxes. Project No. 69110. GROWTH MANAGEMENT: There is no growth management impact from this item. RECOMMENDATION_': That the Board of County Commissioners of Collier County, Florida: 1. Approve the terms of the attached Subordination of Utility Interests Agreement and authorize its chairman to execute same on behalf of the Board; 2. Authorize staff record the instrument in the public records of Collier County, Florida; and 3. Authorize reimbursements to Florida Power and Light Company for the cost of relocating any or all such existing facilities w? must be relocated due to the proposed improvements to Transfer Road/Enterprise Avenu, r ,TE: I1.-I -0 pREPARED ion Manager REVIEWED Ed Transportation Operations 'E~_'~ REVIEWE, :eder, AICP, Transportation Division Adminsitrator No._ I I,f !') ~ _ DEC 0 3 2002 PROJECT NO. Transfer Station Road FOLIO: 20764680005 Florida Power & Light Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this day of ,2002, by and between COLLIER COUNTY, a political subd~ivision ~f the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is cio Dennis P. Coyle, 700 Universe Blvd./P. O. Box 14000, Juno Beach, Florida 33408, hereinafter cat~ed "Utility." WlTNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right-of-way, drainage, sidewalk, utility and maintenance purposes; and WHEREAS, the proposed use of these lands for road right-of-way, drainage, sidewalk, utility and maintenance purposes will require subordination of the interest claimed in such lands by Utitity to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Uti~ity's easement ~ands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and WHEREAS, the County is willing to pay to have the Utility's facilities relocated, ~f necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" A'f-I'ACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigm:, for the purpose of constructing, improving, mainta ning and operating ro."-.d right-of-way, drainage, s'd~waik ~nd utility purposes, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of Date From or Recorded _Encumbrance Recorded Aqainst In Favor Of Book-Paqe Easement 11-7-79 City of Naples Florida Power OR 841, Pg 1059 & Light Company PROVIDED that tt~e following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shali be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: Heidi F, Ashton Assistant County Attorney AG,EN D/C, ITEM No.__~~_ DEC O 3 2002 Pg. v~ Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY, in our presence as witnesses: a Florida corporation Name (Print or Type) ~,¢1 m ~'~ Attest: (Seal) wITNESS (Signature¢ , Secretaw Donna M. Rodcbaugh Nam~ (Print or Type) STATE OF ~..r~ . COUNTY OF ~O?/.,¢~-.~'z-~u~ ,'~.. The foregoin,.g Subordination of Utility Interests was acknowledged before me this /5/¢/~ day of (.,~¢-'~-/_~,x , 2002 by ~~¢a,s . as ~.~~. , of Florida Power & Light Company. a Florida corporation. who is ~rsonally known to me or has produced as identification. (a~x notarial seal) Date My Commission Expires Printed name A(~ ~E.N,~A ITEM DEC 0 3 2002 Pg._ 4 -- ~ ~ ~ .. DEC 8 3 2002 EXHIBIT g EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH NAPLES LAKES DEVELOPMENT FOR ROAD IMPACT CREDITS SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a developer contribution agreement with TBI/ Naples Limited Partnership by Ralph E. Reinert, Vice President of Toll FL GP Corporation, a Florida corporation, for road impact fee credits equal to the appraised value of the land dedication needed for Rattlesnake Hammock Road. CONSIDERATION: TBI/Naples Limited Partnership by Ralph E. Reinert, Vice President of Toll FL GP Corporation, a Florida corporation, has dedicated a Twenty-Five feet [25'] right of way along a portion of Rattlesnake Hammock Road and the Collier County Transportation Division wishes to accept the dedication. The Transportation Division has agreed to recommend the issuance of road impact fee credits equal to the appraised value of the land dedication approved by County staff. TBI/ Naples Limited Partnership by Ralph E. Reinert, Vice President of Toll FL GP Corporation, a Florida corporation, will receive One Hundred Fifty-Three Thousand Dollars [$I 53,000.00] in road impact fee credits. Approval is requested subject to the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied, including removal of any liens and encumbrances against the property. FISCAL IMPACT: The Impact Fee credits will come out of the Road Impact Fee District Two Fund for a right of way dedication by the developer that otherwise would have been expended by the County for its acquisition. GROWTH MANAGEMENT: Growth Management is not affected because no zoning issues or land use issues are involved. RECOMMENDATION: That the Board of County Commissioners approve the developer contribution agreement with conditions. DEC. -. 3 Ztl~Jii' ?g._~}__ .... Prepared by: ~L'~'~ '~.~~ ~c'~{°'~-- Date: itl J(tc~que~iJne Hubbard Robinson, A'~istant County Attorney Reviewe/d'~and Appro~ed~ by: d~ /~.~j CZ..___n Date: Norm~ffFeder, Transportatio Administrator Reviewed and Approve~y: j~~ Date: ?~munit5 Dex elopment Serx ices H/Jackie/Executive Summary/Naples Lakes ~" 0 '-- --/b: .'.~-' ~[ 0 2 ~ STANDARD FORM FOR COLLIER cOUNTY DEVELOPER CONTRIBUTION AGREEMENT No.2002- O kO -'IR- Naples Lakes THIS cONTRIBUTION AGREEMENT is made and entered into this ~ ~" of c,~TO~ _, 2002, by and between TBI/ Naples Limited Partnership. A Florida Limited Partnership duly organized and authorized to conduct business in the State of Florida, hereinafter referred to herein as "Developer," whose address is 3101 Pkilmont Avenue, Huntington, Pennsylvania 19006, by and through ~2-~__~ ~. ~,e~"l-' as tJ'lC~E ~'c~a~'~.,,xr' _ of Toll FL GP Corp., a Florida corporation, as its general partner, who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COIVI2VIISSIO~ OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WH]EREAS, Developer is desirous of entering into a contribution agreement with the County wkich grants a credit for road impact fees, in exchange for land donations, [The "Donated Land"], to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exkibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge the value of the donated land, if any, is based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, a copy of said appraisal being attached hereto as Exkibit "B," and WI[ ,PEAS, the Transportation Admixfistrator will recommend to the Board of County Cm.unissioners that the Proposed Plan for donation as set forth in this Agreement, is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare tiffs Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjtmction with other existin .gea~~ plans, including those from other devel°pers' will n°t adverset k~- ~- ~~ cash flow or liquidity of the County's road impact fee trust account in such a way as to fi'ustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEKEAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, pursuant to the PUD Ordinance: (A) Developer agrees to dedicate, or cause to be dedicated and deeded, to County the road right of way required for that section of the Project within the PUD boundaries. (B) The timing of any land dedication shall be at the request of County, and County shall be responsible for all costs of conveyance. (C) Developer shall be entitled to impact fee credits for any dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). (D) The value of any dedicated property shall be determined pursuant to Subsection 2.7.2.8.1 of the Collier County Land Development Code (the "LDC"). WHEREAS, Developer agrees to deed to County certain land and non- exclusive easements hereinafter referred to as the "Donated Land" for road right-of-way, and Exhibit "C" attached to tlfis Agreement shows the Donated Land. WHEREAS, tlfis Contribution Agreement shall not be construed or characterized as a deve..)pment agreement under the Florida Local Government Development Agreement Act. WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the proposed plan for donation is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to donate as described herein and in Exhibit "C" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction ..... AGENDA ITC-M . No. 2 DEC 0 3 2002 Pg. ~ WHEREAS, Developer acknowledges and agrees that it has full power and authority to execute any and all documentation necessary to convey the land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that this Contribution Agreement shall not be effective unless Developer's legal counsel shall have satisfactorily advised the County Attorney in writing prior to time of recordation of tiffs Contribution Agreement of all matters for which an opinion of counsel is required herein. WHEREAS, in accordance with the stipulations contained in Collier County Ordinance No. 98-14, Developer was required to convey a strip of land at least 25-feet in width for the future four laning of the Rattlesnake Hammock Road. The zoning ordinance further provides that Developer is to be eligible for road impact fee credits, in exchange for the furore right-of-way dedication. WITNE S SETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged mrtongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for this agreement. 1. In exchange for the donation of land identified and contemplated in this Developer Contribution Agreement as set forth in Exhibit "C," Developer shall be entitled to reimbursement or a credit for road impact fees as more particularly described herein. 2. The amount of the road impact fee credits to be granted under this agreement is $153,000.00 for the Land Donation. Attached hereto as Exhibit "D", in recognition of the developer contribution herein is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted pursuant tc this greement. 3. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors of the necessity of complying with any law; ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. 'Tiffs Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws, State or Federal laws enacted after the execution of this Contribution ..--. Agreement Milch are applicable to and preclude the p artie~ '-eo~A E'I,~-- .... [ with the terms of the Contribution Agreement. NO._ ~ ~ ~4 O 3 2002 4. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 5. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 6. The performance and execution of tiffs Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 7. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida with5~ fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 8. Any parry to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 9. The credit for road impact fees identified herein shall mn with the subject Road Impact Construction Lmuds, as described in Exhibit "A" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall oe fi-eely assignable throu~,hout the road impact fee construction lands ~ ~d as set forth in the area described in exlfibit "A". 10. If more than one developer or parcel is to benefit fi-om the impact fee credits under the Agreement, then Exlfibit "A" shall describe each parcel and identify the owner thereof and shall assign and describe the proportion and/or initial dollar amount of the total credit available to each parcel, h~ such circumstance, the credit available to each parcel shall be reduced by the entire amount of the road impact fee ~-tla~,-.----_. _ first building permit issued on each respective parcel and eac su~~ ~'~ 4 OEC 0 3 2002 Pg. ~ building pem~it issued thereon until each respective parcel is completely developed or the respective credit amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or reimbursement under this Agreement, each parcel shall be treated in a manner proportionate to the credit available to it as indicated in Exhibit "A." 1. The impact fee credit available under this Contribution Agreement may be used to evidence payment of road impact fees, provided such use will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the road impact fee area. 12. An annual review and audit of performance under tiffs Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of tl~is Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 13. The duration or availabihty of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of the donation of land, but in no event shall the availability of credits under tlfis Contribution Agreement exceed seven (7) years, exclusive of any moratoria, fi-om the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of tiffs agreement, the date of final completion shall be the date of acceptance by the County. 14. Developer certifies, by virtue of entering into tlfis agreement, that all donations are consistent with the Collier County Comprehensive Plan. 15. The performance and execution of this Contributi n Agreement shall be carried out in conformance with the Kisk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 16. County agrees, by virtue of entering into this agreement, that Developer is the sole owner or has legal control of the Donated Lands. An attorney's opinion of title and a statement of Developer's authority to enter into this agreement are provided by Developer and are attached hereto as Composite Exlfibit "F". AGEND~ITr. a~ NC).._~_I;~___~..X ¢E.5 O 3 2002 5 Pg. ~ 17. Developer shall convey in fee silnple, all donated land free and clear of all liens and encumbrances, by warranty deed, witl'fin thirty (30) days of the execution of tiffs agreement and shall have presented to the Office of the County Attorney, prior to the execution of this agreement, the form and language of the deed, a copy being attached hereto as Exhibit "G". Upon receipt of said warranty deeds, the County shall record same in Public Records of the County and assume the costs associated with the recordation. 18. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 19. Developer has provided an attorney's opinion first, setting forth the authority of the developer to cause the conveyance in fee simple of the entire land donation, and second, identify any lienholders having a lien or encumbrance on the donated land or other contribution, or provide a certificate of no liens. Said opinion is attached hereto as Exhibit "F". 20. Developer has provided, in Exlfibit "F", an attorney's opm/on setting forth the legal authority and present validity of any business entity utilized by the developer in the execution of ti-tis agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity, is in full force and effect. 21. The parties aclmowledge that the donation are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road witlfin the boundaries of a public right of way. 22. This agreement shall be modified or revoked as is necessary to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of the agreement, which are applicable to and preclude the party's compliance with the terms of the contribution agreement 23. Any future reimbursement for excess impact fee credits shall c me from future receipts by the County of road impact fezs. Ho' ,'ever, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years fi.om the completion of the development. 24. The road impact fee credit granted shall only be for donations made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the ~ ,- construction is located. NO..__~C,.~ 25. The impact fee credits provided in this Agreement for Developer' s land dedication shall be a credit only against Road hnpact Fees and that such impact fee credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. 26. The burdens of tiffs Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to tiffs Contribution Agreement. NO. ____~1~ DEC 0 3 7 LIST OF EXHIBiTS ATTACHED TO AGREEMENT Exlfibit "A" - - Legal Description and graphic rendering of the Development Extfibit "B" - - A copy of the written Appraisal[s] of land donation Exhibit "C" - - A legal description and graphic rendering of donated land and/or Contribution of Construction. Exhibit "D" - - Impact Fee Credit Ledger. Exhibit "E" - - A copy of the Pdsk Management Guidelines applicable to tltis Agreement Exlfibit "F" - - An Attorney's Opinion of Title and authority to construct, Identig,/ng any liens and/or encumbrances. Exhibit "G" - - Form of Warrm~ty Deed agreed to by Collier County. t o. DEC 0 3 2002 8 Pg.-.___[~__ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: Attest: BOARD OF COUNTY COMMISIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, By: By: Deputy Clerk JAMES N. COLETTA, Chairman TBUNAPLES LIMITED PARTNERSHIP A FLORIDA LIMITED pARTNERSHIP By: Toll FL GP Corp., a Florida Corporation WITNESSES: As gen,erjal P/a5mer Print Name: "O~/'*7 ,2~ r~ ,d ifC-; STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was aclcnowledged before me tkis/~-~"day of f~2--%--_z/.~_.~. , 2002, by ~-. ~,,,..-e,~/, as /.~c~ ~--x,d~-..-'7- o '7~,.//~ -~F Cc,~.~, ., a Flo ' corporation, on behalf of the corporation. He is [ ><.] personally known to me, or [ ] has produced driver's license no. as identification. Iq"OTARY PUBLIC ..._.~ ,; ..... MY COUMISSION Et: ~" ':~'" ~ruNo~:U~ ]1 Name: (SEAL) [ m~;,~..' (Type or Print) My Commission Expires: ~[~,6P .p~ved as t° f°c~.;ie~I sufficiency: / _.z.-' ja,~e~h~-~ubb ara Robinson AGEND.&iT~-_M ! ,/,-'~ssi~J, ant County Attorney or Co.i )CA DEC 0 3 2002 9 EXECUTIVE suMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH SIERRA MEADOWS DEVELOPMENT FOR ROAD IMPACT CREDITS SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a developer contribution agreement with Alanda, Ltd., a Florida Limited Partnership, Greg W, Eagle, Trustee and Wallace R. Devlin, Sr. for road impact fee credits equal to the appraised value of the land dedication for Rattlesnake Hammock Road. CONSIDERATION: Alanda, Ltd., a Florida Limited Partnership and Wallace R. Devlin, Sr., have dedicated a Twenty-Five Feet [25'] right of way along a portion of Rattlesnake Hammock Road and the Collier County Transportation Division wishes to accept the dedication. The Transportation Division has agreed to recommend the issuance of road impact fee credits equal to the appraised value of the land dedication approved by County staff. Greg W, Eagle, Trustee has relinquished any claim to Road Impact Fee credits. Alanda, Ltd., a Florida Limited Partnership and Wallace R. Devlin, Sr., will receive a total of One Hundred Eighty-Three Thousand, Six Hundred Dollars [$183,600.00] to be allocated between the below mentioned two [2] parcels in road impact fee credits. (a) Commercial Tract (Alanda): $122,758.42 (b) Residential Tract (Devlin): $60,841.58 Approval is requested subject to the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied, including removal of any liens and encumbrances against the property. FISCAL IMPACT: The road impact fee credits will come out of the Road Impact Fee District Four Fund for right of way dedication by the developer that otherwise would have been expended for the acquisition of land needed for Rattlesnake Hammock Road. GROWTH MANAGEMENT: £ 'owth Management is not affected because no zoning issues or land use issues are involved. RECOMMENDATION: That the Board of County Commissioners approve the developer contribution agreement with conditions. DEC: --3 ZOO;' Prepared by: J(~quel~e Hubbard~'R0binson, A~istant County Attorney Review'Od and Approved by: ¢, ,/Q4zrc~j~f'¢-~-7~ ati o n ' Date: ///~/'.--'- No?an Feder, Transpo Administrator / bviewed ~d Appr~ by: ,,,~~ Date: /,/~~ J~ph schn~tt, Administrhtor Community Developme- ' ~ ' nt Se~ices ~,' H/Jackie/Executive Summary/Sierra Meadows DEC: -. 3 200~ 2 STANDARD FORM FOR COLLIER cOUNTY DEVELOPER CONTRIBUTION AGREEMENT No.2002- O ~,\ -TR- Sierra Meadows THIS CONTRIB~ION AGREEMENT is made and entered into this ~ of ,2002, by and between Alanda, Ltd., a Florida Limited Partnership, duly organized and authorized to conduct business in the State of Florida whose address is 12800 University Drive, Suite 240, Ft. Myers, Florida 33907, by and through OJ Buigas, as President of Alanda Corp., a Florida corporation, as its general partner, and Greg W, Eagle, Trustee, whose address is 3818 Del Prado Boulevard, Cape Coral, FL 33904_and Wallace K. Devlin, Sr., whose a'-ddregs is 7518 Albert Tillinghast Drive, Sarasota, Florida 34240, collectively referred to herein as "Owners" or "Developers," who have been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF cOUNTY cOMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "Count)'." RECITALS~: WHEREAS, Developers are desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for land donations, [The "Donated Land"], to the County's transportation network; and WHEREAS, Developers either have legal control over, or are the record title owners of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorpdrated herein b.,' reference, which upon development in the.near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge the value of the donated land, if any, is based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and based upon comparable sales of similar property between unrelated parties in a bargaining transaction, a copy of said appraisal being attached hereto as Exhibit "B," and WHEKEAS, the Transportation Administrt~tor will :commend to the Board of County Commissioners that the Proposed Plan for donation as set forth in this Agreement, is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Conmxissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's tran_sportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent xvith the County's existing comprehensive plan; and WHEREAS, pursuant to the PUD Ordinance: (A) Developers agrees to dedicate, or cause to be dedicated and deeded, to County the road right of xvay required for that section of the Project with/n the PUD boundaries. (B) The land dedications shall be executed the day following the approval of this Agreement by the Collier County Board of County Comnfissioners and delivered to the County, and County shall be responsible for all costs of conveyance. (C) Developer shall be entitled to impact fee credits for any dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). (D) The value of any dedicated property shall be determined pursuant to Subsection 2.7.2.8.1 of the Collier County Land Development Code (the "LDC"). WHEREAS, Developers agrees to deed to County certain land and non- exclusive easements hereinafter referred to as the "Donated Land" for road fight-of-way, and Exhibit "C" attached to this Agreement shows the Donated Land. WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. [~2C 0 3 2002 2 F~.. WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the proposed plan for donation is in conformity with contemplated improvements m~d additions to the County's transportation network and that it will be advantageous to the public for Developers to donate as described herein and in Exhibit "C" which are composed of, among other things, facilities that are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, Developers acknowledges m~d agrees that they have full power and authority to execute any and all documentation necessary to convey the land donation to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and .- _ WHEREAS, Developers agrees and acknowledges that this Contribution Agreement shall not be effective unless Developers' legal counsel shall have satisfactorily advised the County Attorney in writing prior to time of recordation of this Contribution Agreement of all matters for which an opinion of counsel is required herein. WHEREAS, in accordance with the stipulations contained in Collier County' Ordinance No. 99-91, Developer was required to convey a strip of land at least 25-feet in width for the future four laning of the Rattlesnake Hammock Road. The zoning ordinance further provides that Developer is to be eligible for road impact fee credits, in exchange for the future right-of-way dedication. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: All of the above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for this agreement. 1. In exchange for the donation of land identified and contemplated in this Developer Contribution Agreement as set forth in Exhibit "C," Developers shall be entitled to reimbursement or a credit for road impact fees as more particularly descaibed herein. 2. The anaount of the road impact fee credits to be granted under this agreement is $183,600.00 for the Land Donations and shall be allocated between the two (2) parcels, as follows: (a) Commercial Tract (Alanda): $122,758.42 (b) Residential Tract (Devlin): $60,841.58 .... 0 =' 2':,02 Attached hereto as Exhibit "D", in recognition of the developer contribution herein is a copy of the two [2] Impact Fee Ledgers setting forth the amount of Impact Fee Credits granted pursuant to this agreement. 3. The failure of tkis Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developers or their successors of the necessity of complying with any law; ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary t_o. comply with all relevant State or Federal laws, State or Federal laws enacted after the execution of this Contribution Agreement which are applicable tO and preclude the parties compliance with the terms of the Contribution Agreement. 4. Except as otherwise provided herein, tiffs Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 5. The burdens of this Contribution A~eement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 6. The performance and execution of this Contribution Agreement shall be carried out in confom~ance with the Risk Management Guidelines established by the County's Risk Management Department or an environmental assessment as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 7. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 8. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of tlfis Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 9. The credit for road impact fees identified herein shall mn with the subject Road Impact Construction Lands, as described in-Exhibit.2'A';_ and shall be reduced by the entire amount of each road imphct t~ee~du'~ (" ' 4 the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the road impact fee construction lands and as set forth in the area described in exhibit "A". 10. If more than one developer or parcel is to benefit from the impact fee credits under the Agreement, then Exhibit "A" shall describe each parcel and identify the owner thereof and shall assign and describe the proportion and/or ifiitial-dollar amount of the total credit available to each parcel, h~ such circumstance, the credit available to each parcel shall be reduced by the entire mnount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respective parcel is completely developed or the respective credit an~ounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or reimbursement under this A~-eement, each parcel shall be treated in a manner proportionate to _ the credit available to it as indicated in Exhibit "A." 11. The impact fee credit available under tlfis Contribution Agreement may be used to evidence payment of road impact fees, provided such use will not cause an undue or unreasonable burden upon the administrative, accounting or audit resources of the road impact fee area. 12. An armual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contn-ibution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Conunissioners finds, on the baSis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. 13. The duration or availability of credits pursuant to this Contaibution Agreement, shall not be for a period in excess of five (5) years from the date of the donation of land, but in no event shall the availability of credits under tlfis Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Flo[ida. .. For the . purposes of this agreement, the date of final completion shall be the date of acceptance by the County. 14. Developers certify, by virtue of entering into this agreement, that all donations are consistent with the Collier County Comprehensive Plan. 15. The performance and execution of tlfis Contribution Agreement shall be cmried out in conformance with the Risk Management Guidelines established by the Com~ty's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 16. County agrees, by virtue of entering into this agreement, that Developers, are the sole owners or have legal control of the Donated Lands. An attorney's opinion of title and a statement of Owners authority to enter into this agreement are provided by Owners' and are attached hereto as Composite Exhibit "F". 17. Shall convey in fee simple, all donated land free and clear of all liens and encumbrances, by warranty deed, within thirty (30) days of the execution of this agreement and shall have presented to the Office of the County Attorney, prior to the execution of this agreement, the form and language of the deed, a copy being attached hereto as Exhibit "G". Upon receipt of said warranty deeds, the County shall record same in Public Records of the County and assume the costs associated with the recordation. 18. The Transportation Admi~fistra_tor has determined that the proposed road impact fee credit plan is consistent with the public interest. 19. Developers have provided an attorney's opinion first, setting forth the authority of the developer to cause the conveyance in fee simple of the entire land donation, m~d second, identify any lienholders having a lien or encumbrance on the donated Im~d or other contribution, or provide a certificate of no liens. Said opinion is attached hereto as Exhibit "F". 20. Developer has provided, in Exhibit "F", an attorney's opinion setting forth the legal authority and present validity of any business entity utilized by the developer_s in the execution of this agreement, including an affidavit hsting the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 21. The parties acknowledge that the donation are characterized as work done m~d property rights ac/tuired by a highway or road agency for the improvement of a road within the boundaries of a public righto~way.~ 22. This agreement shall be modified or revoked as is necessm3' to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of the agreement, which are applicable to and preclude the party's compliance with the temps of the contribution agreement 23. Any future reimbursement for excess impact fee credits shall come fi.om future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of_ five (5) years fi'om the completion of the development. .. 24. The road impact fee credit granted shall only be for donations made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 25. The impact fee credits provided in this Agreement for Developer's land dedication shall be a credit only against Road hnpact Fees and that such impact fee credits shall not offset, diminish or reduce any other charges, fees or other impact fees for xvhich the Developer, its successors and assig~s are responsible in connection with the development of their lands. 26. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agn'eement shall inure to, all successors in interest to the parties to this Contribution A~m'eement. LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" - - Legal Description and graphic rendering of the Development Exhibit "B" - - A copy of the written Appraisal[s] of land donation Exhibit "C" - - A legal description and graphic rendering of donated land and/or Contribution of X2onstruction. Exhibit "D" - - Composite Exhibit D- Impact Fee Credit Ledgers. 1) Commercial Tract (Alanda) 2) Residential Tract (Devlin) Exhibit "E" - - A copy of the Risk Management Guidelines applicable to this A~eement or Environmental Assessment of the property or portions of all. Exhibit "F" - - An Attorney's Opinion of Title and authority to enter into A~eement, Identifying any liens and/or encumbrances. Exhibit "G" - - Form of Warrant3, Deed a~eed to by Collier Count).,. IN WITNESS WHEREOF, the parties hereto have caused tltis Agreement to be executed by their appropriate officials, as of the date first above written. AS TO cOUNTY: BOARD OF COUNTY COMMISIONERS Attest: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, By: By: JAMES N. COLETTA, Chairman Deputy Clerk FOR ALANDA: WITNESSES: ALANDA, LTD., A FLORIDA LIMITED PARTNERSHIP AAlsanGde~ eCrO ,r~O r i d a Corporation By: OJ Buig~.~~ Print Name:~ e ~ STATE OF FLORIDA cOUNTY OF ~R 1_~_.~. The foregoing instrument was acknowledged, before me this___~day of , 2002, by O~' as President of ~ _, a Florida corp~i~afion, on~behalf of the corporation. He is [ K"] personally known to me, or [ ] has produced driver's license no. as identification. ~OTARY PUBLIC , (SEAL) ~ Name: ~ tC~~ (Type or Print) My Commission E~pir~s: 9 ' \k FOR EAGLE: Greg'~. Eagle, IndiVidually & as Trustee Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrmnent was aclmoxvledged before me this ¢-P/¢ day of (,~(~4'0/..%&/~ , 2002, by~F~O ~. ~O/e, as an ~dividual and Trustee of ., a Florida~o~oratio~, on behalf of the co~oration. He is personally ~own to me, or [ ] has produced driver's license no. as identification. I~dT{ MY COMMISSION, aD 0~3 I~d~] ~PIRES: J~ua~ 13.2~ ' , 4 (T~e or Phnt) My Co~missiD~ Expires: FOR DEVLI2',I: WITNESSES P~t STATE OF FLORIDA country OF ,~ Pr~ Or 3 The foregoing instrument was aclmowled~ed before me ~is/~day of ~'c',~er , 2002, by ~fill~.~eOI,'~, as ~ ~dividual of , a Florida co¢or~ion, on behalf of fl~e co~oration. He is i ~ personally lmown to me, or [ ] has produced driver's license no. as identification. 7 NOT~: P~LIC ' (T~ or My Co~ssion Approved as to form and legal sufficiency: ~,~_-_~St j ai~-ue~ne I~u~obtkrd Robhas °n /~Assistant County Attorney 11 EXECUTIVE SUMMARY APPROVE AN INTERFUND TRANSFER FOR DAVIS BLVD. PHASE II- LANDSCAPE RENOVATION IN THE AMOUNT OF $4,024.50. OBJECTIVE: Request the Board of County Commissioners to approve the transferring of funds from Fund 111 Reserves to Fund l l2(Road and Bridge MSTD). The funds are for a budget amendment for Davis Blvd. Phase II Renovation in the amount of $4,024.50. CONSIDERATION: Contingency was not allocated for Davis Blvd. Phase II - Landscaping Renovations therefore budget amendment and interfund transfer is needed for the change order. ¢LlzlSCAL IMPACT: A budget amendment is needed in the amount of $4,024.50 to process a change order in the amount of $4,024.50, for additional landscaping work added to the Davis Blvd. Phase II Project Fund 112. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approves a budget amendment for an interfund transfer from Fund 111 :und 112 (Road and amount Reser~v~ Bridge MSTD) in the., of $4,024.50. PREPARED BY: _ / ~capeeamel? J. Lulich~,/~ Project Manager J Ed~d/~ t~. Kan :, fransportat~on Operations Director APPROVED BY: /~/~(55)' ~---~'g~ Date: / ¢~. NO i~ ~. Fecl~r, AICP, Transportation Administrator NO. DEC 13 3 2002 CHANGE ORDER CHANGE ORDER NO. 3 CONTRACT NO. 02-3366 TO: Collier County Transportation Operations 2705 Horseshoe Drive South Naples, Florida 34104 DATE: November 8, 2002 PROJECT NAME: Davis Boulevard Phase II-A Landscape Renovation PROJECT NO.: 02-3366 P.O. No. 206546 Under our AGREEMENT dated June 25, 2002. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) Sum of: $ 4,024.50 Original Agreement Amount $ 631,423.35 Sum of Previous Changes $ 56,592.90 This Change Order (Add) $ 4,024.50 Present Agreement Amount $ 692,040.75 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: //~ / ~ ~ ,2002 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS B~/c' , ¢~~. ~ By:~/' ~------------~ '"-~ ~---'~"" ?..z____~"'~'~,,,,- ,,r-Cra_ ~ -- -O~DJ'~IER COUNTY, FLO. R~A,) No.~..~ ~ ITEM DEC 0 3 2002 Pg. _ ~ -- CONTRACT MODICATION CHECKLIST FORM PROJECT NAME: Davis Blvd. Phase II - Landscape Renovations PROJECT #02-3366 P.O. Number 206546 WORK ORDER # CONTRACT # 02-3366 CONTRACT NAME: Davis Blvd. Phase II - Landscape Renovations CONTRACTOR NAME: Hannula Landscaping CONTRACT AMOUNT: ORIGINAL: $631,423.35 CURRENT: $688,016.25 CURRENT COMPLETION DATE (S): 147 days SUMMARY OF PROPOSED CHANGE (S): Additional plant material and soil mix. JUSTIFICATION FOR CHANGE (S): The existing relocated plant material needs to be replaced. There have been several requests from the residents of Whittenberg, Crown Pointe, and adjacent developments to add similar palm trees, which are prevalent on the opposite end of the project. All of the relocated trees were not guaranteed. There were lost due to transplant shock. A number of oaks and small trees were lost or are in decline. The material needs to be replaced and the design needs to be brought up to the original design intent. PARTIES CONTACTED REGARDING THE CHANGE (S):McGee& Associates, landscape architect of record; Val Prince, previous project manager; Barbara LaPierre, Budget analyst; Ed Kant, Director- Transportation Operations. IMPLEMENTATION STEPS: YES - Proposed change is consistent with the existing scope YES - Change is being implemented in a manner consistent with existing ~. jreement YES - The appropriate parties have been consulted regarding the change/ PROJECT MANAGER RECOMMENDATION: . AGENDA ITEM '-" DISAPPROVE: DATE: No.~ DEC 0 3 2002 pg. ~ COMMENTS: DEC 0 3 2002 CHANGE ORDER JUSTIFICATION CHANG'E ORDER NO. 3 CONTRACT NO. 02-3366 TO: Collier County Transportation Operations 2705 Horseshoe Drive South Naples, Florida 34104 DATE: November 81 2002 PROJECT NAME: Davis Boulevard Phase II-A Landscape Renovation PROJECT NO.: 02-3366 P.O. No. 206546 1. Existing relocated plant material needs to be replaced. 2. Several requests from the residents of Crown Pointe and adjacent developments to add palm trees if the budget allows. 3. All of the relocated trees were not guaranteed. There were lost due to transplant shock. A number of oaks and small trees were lost or are in decline. The material needs to be replaced and the design needs to be brought up to the original design intent. Change Order 2 Additional Costs: 6 @ $612.00 $3,672.00 7.5 CY Palm Soil @$47.00/CY $352.50 $4,024.50 NoAG~N?~ ITEM ~ DEC O 3 2002 EXECUTIVE SUMMARY AUTHORIZE CHANGE ORDER NO. 1 TO THE IMMOKALEE ROAD/I-75 INTERCHANGE CONSTRUCTION CONTRACT IN THE AMOUNT OF $426,091.80 WHICH INCLUDES A PORTION OF WORK TO BE PAID FOR BY BRENTWOOD LAND PARTNERS, LLC. (PROJECT NO. 66042A) OBJECTIVE: To receive Board authorization of Change Order No. 1 to the Immokalee Road / 1-75 construction contract in the amount of $426,091.80 which includes Brentwood Land Partners' portion of work previously identified and agreed to under joint Agreement. Specifically this portion of work includes construction improvements to 1-75 on and off ramps. CONSIDERATION: On June 25, 2002, the County and Brentwood Land Partners, LLC. (Developer) entered into an agreement to cooperatively make roadway improvements to the 1-75 interchange at Immokalee Road and at the future Tarpon Bay Boulevard intersection. The total project cost for all improvements is anticipated at $3,500,000. A substantial contribution of funds has been dedicated by the Florida Department of Transportation (FDOT) in the amount of $650,000. Improvements associated with the Tarpon Bay Boulevard intersection and the developer's portion of the interchange amount to approximately $1,400,000. The remaining $1,450,000 is the County share for improvements. On July 26, 2002, the Board of County Commissioners awarded a construction contract to Better Roads, Inc. to complete only a portion of the improvements. Because the Developer had not deposited their portion of funds with the County, the construction contract was only awarded for a portion of the improvements. On the November 19, 2002, the Board of County Commissioners approved a budget amendment to receive the Developer's contribution of funds for this project. Therefore, the County is now ready to recommend that the Board approve this change order. Construction plans for the interchange improvements are in hand and Change Order No. I is being presented to the Board at this time in order to expeditiously complete the interchange improvements. The Developer is continuing to prepare plans associated with road improvements and signalization at the Tarpon Bay Boulevard intersection; therefore a subsequent change order would be presented to the Board of Count3, Commissioners in the near future pending the receipt of the Developer's construction plans. Improvements to the interchange are expected to be completed and open to traffic by February 1, 2003. The remaining improvements are expected to be completed by early summer 2003. The result of these improvements will substantially reduce motorist delays associated with the interchange as well as provide for controlled access to the future Tarpon Bay Boulevard. i~I~SCAL Funds amount of $426,091.80 are available in the Road Impact Fee District 1 IMPACT: the ~n'~.. ~of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. I to the Immokalee Road/l-75 Interchange Project for the construction of the additional wc Transportation Administrator to execute Change Order No. I. No.AGENDA]tJ~_~ IT~I~/ DEC. 0 3 2002 SUBMITTED BY)SinL R. Thorpe, P.E., Principal Project Manager DATE: APPROVED BY: c.//~. -~L~'~ DATE: Gregg R. Strakaluse, Director, T.E. & C.M.D. APPROVED BY: _ ~ c~/~, / Steve Camell, Dh:6ctor ·' Purcha~2~g/General Services N6rman E. Feder, AICP, AdministratOr Transportation DMsion DEC 0 3 2002 Pg. ~ CHANGE ORDER ,,, TO: Better Roads, Inc. FROM: Collier County, P.O. Box 9979 Transportation Engineering & Construction 5590 Shirley Street . Management Department 2675 South Horseshoe Drive, Suite 401 Naples, FL 34101 Naples, Florida 34101 Project Name: immokalee Road / I-?$ Ramp Improvements Agreement Dated: P.O. No.: Date: October 29, 2002 Change Order No.: One (1) Contract No.: 02-3581 _ This change order reflects signalization changes requested by the Collier County Traffic Operations start and to add pay items that were not in the bid. Also included are a Value Engineering Proposal sharing Change Order half of the sa,&ngs with the contractor and the inclusion of a Developer Funded Improvement to Ramp B. Description: Add 14 additional days for delays in Plans and in FDOT Certification of Structures to the first 90 days allotted for 1 through 4 of Ex_hibit 1 Paragraph 2. Items 1 through 4 must be substantially complete Ja~mry 5, 2003. -- $ 2,059,529.27 Ori~iB.~ Agreement Amount .......................... - - .................................. $ 0.00 Sum of previous change orders amount .................................................. S 426,091.80 TnJs Change Order Amount ............................................................... $ 2,485,621.07 Revised Agreement Amount ............................................................... !80 Original ~ *~ ~* '~ calendar days Adjusted number of calendar days due to previous change orders ....................... 0 0 This change order adjusted time is .................................................. Revised Contract Time in c~lendar davx ....... 180 Odgiual Nuticc Lo P~uc~d dale ..................... Septembe,' 23, 2002 Uomplet]on date based on onmnal contract nrnc March z2, zuuu '-' March 22, 2003 Revised Completion date ................................. Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all .the same terms and conditions as contained in our Agreement indicated above, as fulh? as if the same were reoeated in this acceptance. The adjustment, if any. to this A~eement shall constitute a full and final settlement of any and all claims of the Contractor arising out o'fl or related to. the change set forth herein, including claims for impact and delay costs. October 29, 2002 Prepared by: V~, Dan w. Dickey, GEl Project Manager / Johnson Engineering, Inc. Recommended by: m~ Steve Ritter, Project Manager Accepted by: Better Roads, Inc. (Sign and pdnt or type name) Approved by Date Lynn Thorpe PE, Senior Project Manager Approved by: Gregg R. Strakaluse, Director/T.E.C.M O.A?I~D~ ,T~ N Authorized by: pa,, DEC 0 3 2002 Norm Feder, Administratorfrransportation Division Pg. CHANGE ORDER SUMMARY Change Order No. 1 Project: Immokalee Road / 1-75 Ramp Improvements Project No.: 66042 Contract No: 02-3381 Contractor: Better Roads, Inc. Change Order No.: 1 Date: October 29, 2002 Description: This change order Adds Signalization pay items and pay items not in orienal bid. Issue 1: Pay Item additions:(Change Order #1 Item Explanation). i Original New I Quantity I Unit Pricel Adjustment Item Number Description I Quantity QuantityI Adjustment I Unit $ Amount- S 530-1 Sand Cement Rip Rap t 0 ' 12 12 ICY 397.32 4,767.84 663-74-11 Video Detection OpticalCamera I 0 8 8 j EA 7,602.00 60,816.00 659-120 LED Module Yellow Indication I 0 22 22 EA i 163.80 3,603.60 663-99 Install Microwave Detectors (4 EA)II 0 1 1 I LS 1,354.50 1354.50 , ~ Total: $70,541.94 Issue 2: Pay Deductions and Deletions I Original t New Quantity I Unit Price Adjustment Item Number Description Quantity I Quantity Adjustment UnitI $ Amount - $ 660-1-109 ,,,~uctive Loop Detectors 12 i 0 (12) EA I 176.80 (2,121 ~n) 660-2-106 Loop Assemblies Type F 22 I 0 (.22) EAI 653.60 ('14,37( I I T(~tal: Issue 3 Value Engineering Agreements See Attached Letters Original New j Quantity I Unit Price Adjustment Item Number Description , Quantity Quantity i Adjustment ! Unit $ Amount-$ Concrete Barrier Wall (Temp) 102-70-11 fSTD) 9,151 0 (9,151) LF 10.00 (91,510.00) 102-70-21 Concrete Barrier Wall (Temp Std) I ,,., Relocate 5,865 0 (5,865) t LF 4.00 [z3,4ou.00) 102-89-7 Vehicular Impact Attenuator (Temp) 18 0 (18) I EA 1,900.00 (34,200.00) Total: {$149,170.00 Add: I Shared VEl01 Value Engineering Savings 0 1 1 LS 50% $74,585.00 Savings Total Contract adjustment ($74,585.00) for Value . Engineering AGENDA ITEM-, No. \1¢L5 DEC 0 3 2002 Issue 4:Addition of Ramp B to Project based On Johnson Engineering Inc. Design Plans, Developer Funded New Quantity____ Unit Price ~-tem Number Description Quantity_ Adjustment $ ~ - 1 1 LS 95,400.00 ~00 Maintenance of Traffic (Includes 1 1 13,500.00 13,500.0( 04-10-1 Baled Hay or Straw 25 25 9.50 237.50 [04-13-1 Staked Silt Fence (Type fil1 1,000 1,000 L~I 1.25 1,250.0~ C eadng I 0 2 2 AC 4,000.00 8,000.0 110-1-1 and Grubbing Excavation, Regular 0 2,050 2,050 CY 20.00 41,000.0C 120-1 0 5,375 5,375 17.00 91,375.00 Embankment 120-6 0 4,852 4,852 SY / 7.95 38,573.40 160-4 k,vpe B Stabilization 15.700.00 285-704 Optional Base Group 4 (4" ABC) 0 1,570 1,570 ; SY 10.0¢ . ~_85-709 Optional Base Group 9 (6" ABC) 0 3,251 3,251 SY 13.50' 43,888.501 IM,ilingExist. Asph. Pavt.(1 1,2" 0 3,179 3,179 S Y I 2.25! 7,152.7,~! ~27-70-6 ]Av9) 100-1-1 !Bituminous Material (Prime Coat) 0 48.00 48.00 GAL 1 3.30[ 158.40 00-1-3 !Bituminous Material ('Tack Coati 0 485.00 485.00 GAL t 1.40! 679.00 2.50! 8,115.00 t 0 SY 331-1 ]Type S Asphaltic Concrete (1" Thick) 3,246.00 3,246.00 331-2 ',Type S Asphaltic Concrete (2" Thick) 4,821.00 4,821.00 0 8.067.00 8,067.00 2.30 18,554.10i 7-7-3 [Asph. Conc. Friction Course rFC-2) ; 0 3.00 3.00 ~ 1,200.001 Modify E,,ioting ,nlot (,.'IH Top' 0 ]~ ~ , · 425-1-349 w/Grate on Curb Inlet)_ ~ 1 1 4,675.00! Concrete Pipe Culvert (24" RCP, CD) 0 40 40 LF 33.80 1,352.00[ 430-12-329 (Class m) t 973.50 973,50 430-982-229 Mitered End Section (24" RCP, CD) i 0 1 1 EA i ' ,200.0( 0 16.0 16.0 ~ 75'00i, 1 530-3-4 RipRap (Rubble) (Ditch Linin§) I 850.00! - 0 5,000 5,000 0.17 570-2 I~Seed and Mulch I 570-3 IGrass Seed_(?ermanentT e__~ 0 20 20 LB i 5.0~0~ 100. 0 4.0 4.0 0.01i 0.041 ;70-4 Mulch Material 500.00~ 250.001 r 0 0.5 0.5 Fertilizer 570-5 0 ~' 2. 82 50.001 4,100.00 570-9 Water for Grassing .... 570-10 Qu,ek Grow 0 44.0 40.0 0.01 '409'301 0 8,182 8,182 -- Single Column Ground Signs (Less 0 4 4 174.0¢ 696.00 700.40-1' Single Column Ground Signs (12 to 0 2 2 771.00 1 r00.40-2 25 sO 0 3 3 1 700.46>21 :~elocate Existing Sign (Single Post) 0 4 4 2,258.7 9,034.8 700-46>22 Relocate Existing Sign (Single Post) 0 51 51 3.40 173.40 706-3 Retro-Reflective Pavement Marker ' Traffic Stdpe Solid (6") (Painted) 0 10-23-61 White/Black) 0.164 0.164 DEC 0 3 200 2 TrafficStdpeS°lid (6") (Painted) I 0 I 710-24-6'1 (Yellow) 0.146 0.146 NM 370.00 5 Traffic Stdpe Skip (6") (Painted) 0 710-21 ,'VVh/Blkl) 0.381 0.381 GM 265.00 -~ Solid Traffic Stdpe (Painted) (8" 0 710-25-81 White) 321 321 LF 0.1 Solid Traffic Stdpe (Painted) (18" 0 I i 710-25-181 White) 57 57 LF 1.00 Solid Traffic Stripe (Painted) (24" 0 710-25-241 White) 61 81 LF t.25 10' 710-6 Directional Arrows (Painted) 0 28 28 EA 15.00 42( Issue Description Amount 1 Pay Item Additions $70,541.94 2 Pay Item Reductions and Deletions ($16,500.80) 3 Value Engineering Proposal ($74,585.00) 4 Ramp B addition $446,635.66 Total Change Order ¢¢1 $426,091.80 .o^ DEC O 3 2002 3 F'cj. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Rd./i-75 Ramp Improvements PROJECT #: 66042_ BID/RFP #: 02-3381 MODIFICATION #: CONTRACT AMOUNT: ORIGINAL $ 2,059,529.27 CURRENT $2,458,621.07 CURRENT COMPLETION DATE(S): ORIGINAL: March 22nd 2003 CURRENT: March 22nd 2003 SUMMARY OF PROPOSED CHANGE(S): Changes to traffic signalization Items, value engineering proposal from contractor and add North bound Off ramp B that was not in original contract JUSTIFICATION FOR CHANGE(S): Collier County traffic Operations requested signalization changes, Contractor proposed a value engineering cl~ange and Tl~e aclamon et Harnp I~ i.~ being added and paid for by the developer of Tarpon Bay PARTIES CONTACTED REGARDING THE CHANGE: BOB Tipton, Traffic Operations Dept, Lynn Thorpe PE,Senior Project manager TE&CM IMPLEMENTATION STEPS (Check each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: No._ t~.~ 'J ~/ DEC 0 3 2902 pg 7 DISAPPROVE: Date: COMMENTS: 0/30/02 DEC 0 3 2002 EXECUTIVE SUMMARY ACCEPT A RIGHT OF ENTRY, UTILITY EASEMENT, AND ACCESS EASEMENT FROM THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, FOR THE INSTALLATION OF A MONITORING WELL ON THE LELY HIGH SCHOOL PROPERTY, THE COST OF WHICH WILL NOT EXCEED $50.00. OBJECTIVE: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "Board") accept a Right of Entry, Utility Easement, and Access Easement from the District School Board of Collier County, Florida (hereinafter referred to as the "School") for the installation of a monitoring well on Lely High School property. CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP), as a stipulation lo the South County Water Reclamation Facility (SCWRF) operation and expansion permit, requires groundwater monitoring of the Eagle Lakes Reclaimed Water Stoi'age Ponds (Pond). A monitoring well was required north of the Pond, so one was drilled on the northernmost location of the Pond property to satisfy the FDEP requirement without the need of drilling on private property. Following the initial monitoring of this well, the FDEP determined that this well is not far enough away from the Pond and is requiring that a well be drilled further north on School property. In order to comply, a Right of Entry from the School will be required to drill the monitoring well. After installation of the well, the School has agreed to donate permanent easements for utility and access purposes to cover the as-built facility. The Right of Entry has been reviewed and approved by the County Attorney's Office and Public Utilities Engineering Department. FISCAL IMPACT: The cost to record the Utility Easement and Access Easement will not exceed $50.00. Funds are available in the County Sewer Capital Projects Fund (414). GROWTH MANAGEMENT IMPACT: The work will have no impact on growth management. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Right of Entry, the Utility Easement, and the Access Easement once they have been received and approved by the County Attorney's Office and the Public Utilities Engineering Department; and 2. Authorize its Chairman to execute any and all documents related to this project and such other documents for clearing title once the monitoring well has been installed; and DEC 0 3 ~'G. I EXECUTIVE SUMMARY Easement - Lely High School Monitoring Well Page 2 3. Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Courts the easements and any and all necessary documents (once approved by the County Attorney's Office) for clearing title in the Public Records of Collier County, Florida. :d'":<--/ / '/~ .-'L: /_..z~ DATE: PREPARED BY: C~ndy M'. E~b, Sr. Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: - -i?~N~.'l_ %.-~' -~:'~......,_ ,. DATE: Toni A. Mott, Supervisor Property Acquisition & Construction Management Facilities Management Department REVIEWED By: ~1 L~ :, ()_~A[~A/k~ t'hr'° ;&______ __. DATE: Charles E. Carrington, Jr.~ SR/WA, Manager Property Acquisition & Construction Management Facilities Management Department REVIEWED By: ~'~.~ ffg.~..~.; DATE: Skip Camp, CFM, Director Facilities Management Department REVIEWED ~Y: ~ ~y/ ' ' DATE: Roy[B. Anderson, P.E., Director Public Utilities Eng)n~epartment APPROVED BY~ t~ ~ DATE: ato~~;m~s W. ~e~o,y, e.~., Aaginist~ <~lic Utilities Division nO._lO_ (*./ ~ DEC 0 3 ~00~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #03-3434 - "CHEMICALS FOR UTILITIES" IN THE ESTIMATED AMOUNT OF $718,401. OB.,IECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid #03-3434 - "Chemicals for Utilities" to the various vendors listed in Exhibit A in order for the County to continue chemical treatment of water and wastewater. CONSIDERATION: 1. The County's Public Utilities Division operates water and wastewater facilities necessar3' to serve the customers of the County Water/Sewer District. 2. These facilities provide treatment of the County's water and sewage through chemical addition in order to maintain public health and safety, and to comply with Federal and State Regulations. 3. The Public Utilities Division solicits chemical bids annually to provide the necessary chemicals to operate the County's water and wastewater facilities. 4. Bid #03-3434 was posted on October 2, 2002. Forty-seven (47) inquiries were sent to vendors. Eight (8) packages were received. All legal requirements have been met. 5. Shrieve Chemical Company was the low bid on sulfuric acid, but their product does not meet the requirement to comply with the NSF/ANSI Standard 60. Therefore, the bid for sulfuric acid is awarded to Sulfuric Acid Trading Company (SATCO). 6. Staff has reviewed the bids received and recommends the vendors listed in Exhibit A as having submitted the lowest, qualified and responsive bids and provided information on training as specified in the bid documents. GROWTH MANAGEMENT IMPACT: These purchases are necessary in order for the County to operate its treatment facilities and provide water and wastewater service to the County's existing customers, as well as for future growth. FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated amount of $718,401. Funds are budgeted and approved in the Collier County DEC 0 3 2002 ~. t Water/Sewer District North and South Water Treatment Plants, North and South Wastewater Treatment plants, and Pelican Bay Wastewater Treatment plant budgets. The estimated fiscal impact represented in the following recommendation is based on estimated quantities listed in the bid information. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditure limits. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid #03-3434 to the vendors listed on Exhibit A attached. SUBMITTED BY: ,7~~.~rr¢'~,'::~-~ Date: Wdd Br do [a ratory Supem or ~VIE~D BY: Date: Paul Mattausch, Water Dkector ~VIE~D BY:~ ~ Date: ~e Cheath~ Wastewater Dkector ~VIE~D BY: ~~q ~, ~4~ Date: .Steve ~e~ P~has~GS Dkector ~PROVED BY;~C.?Z&b ~ Date: ~J~s DeLons, ~b~c Utffities Ad~strator / 0 3 [ EXHIBIT A CHEMICAL VENDOR UNIT COST PER UNIT FISCAL IMPACT Quicklime Chemical Lime $121.50 Ton $346,275.00 Sulphuric Acid SATCO .3879 Gallon $192,010.50 Anhydrous Brenntag Mid- $75.00 150# Cylinder $375.00 Ammonia South, Inc. Chlorine Allied Universal $309.05 Ton $123,620.00 25% Sodium Allied Universal $.68 Gallon $12,920.00 Hydroxide Carbon Dioxide Astor Chemical $135.00 Ton $43,200.00 TOTAL $718,400.50 NO. AGT~?/ ~ ITEM DEC ''< ,.', - 0 ~ ~ ~''~ co= m c: m c2_ c: > m m C) -~ C. o ~ -r ~ )~ ~ o m X 0 z_ o m o ~ Ill mO - 0 ffi ~ '~ ' Z ID , ~-- --I -I c~ 5' o ~- o o ~ ~ --~ O OO r~) Z Z CO. Z ~ ~ ~ 0 o (.~ Z Z o.~ Z Z ~ ¢n o o ~ r~ o o Z Z Z ~ 7 ~ ~ o Z Z Z Z ~ ¢o. -. ~o ~ · z ~ Z Z Z Z _.~ o DEC 0 3 t0C PG.~ EXECUTIVE SUMMARY APPROVE WORK ORDERS (2) TO DEVELOP A MASTER PLAN TO INVESTIGATE THE GOLDEN GATE CANAL FOR IRRIGATION WATER IN THE AGGREGATE AMOUNT OF $87,300, PROJECT 74021 OBJECTIVE: The overall purpose of this project is to decrease demands on potable water and conserve groundwater resources suitable for public drinking water to the benefit of customers within the Collier County Water-Sewer District by developing a reliable alternative water supply. CONSIDERATION: Development of a plan to tap the Golden Gate Canal as a source of irrigation water for distribution within the County Water-Sewer District is consistent with the Collier County Wastewater Master Plan, County initiatives to conserve potable water resources, regional planning by the South Florida Water Management District (SFWMD), and the COllier County Growth Management Plan. The combined effect of the proposed work orders is to assess the supply and demand for non- potable irrigation water and develop a master plan to implement a non-potable irrigation distribution system by tapping the Golden Gate Canal. One work order will be issued to Camp Dresser & McKee (CDM) in the amount of $25,800 to assess the feasibility of tapping the Golden Gate Canal as a reliable source. A second Work Order will be issued to Hole Montes, Inc., in the amount of $61,500 to assess the potential demand for irrigation water. Hole Montes will also coordinate with CDM in the production of a final report. Recommendations from the plan will be presented to the Board for adoption. Once adopted, the plan will become the basis for site acquisition, design, and permitting. The concept is to make beneficial use of water that is collected by the County's system of drainage canals that is otherwise wasted. The Golden Gate Canal discharges an annual average of 214 million gallons per day (mgd) to the Gordon River. During the wet season (May 15 - October 15), the canal discharges an average of 422 mgd, and during the dry season (October 16 - May 14), the canal discharges an average of 65 mgd (data source: SFWMD 1965 - 2000). As part of the proposed Work Order, CDM will make estimates of permittable canal withdrawal rates for wet season and for dry season. The vision is a series of wells along the Golden Gate Canal stretching from the water control structure at Bear's Paw golf course at the westernmost end, to Collier Boulevard on the easternmost end. A map showing the Golden Gate Canal in the area of a possible irrigation water supply wellfield is shown in Figure 1, attached. Water in the canal could be indirectly captured by a series of shallow wells tapping the surficial water table adjacent to the canal. Surface water in the Golden Gate Canal recharges the surficial water table in this area. A wellfield along Golden Gate Canal would be similar to the County's existing irrigation water supply wellfields. The County currently owns and operates two wellfields as sources for irrigation water. There are seven (7) wells in the "Pelican Bay Wellfield" located on ....... {j,- c; - ~ 2B02 Executive Summary Gold':ri Gate Canal for Irrigation Water Page 2 Livingston Road north of Immokalee Road and five (5) wells in a wellfield on Immokalee Road east of Collier Boulevard. The Golden Gate Canal is centrally-located within the County's Water-Sewer District. The canal presents a readily-available source that is ideally situated to connect to the County's existing Reclaimed Water pipe network for distribution to customers. The proposed master plan will identify the effort needed to convert the County's reclaimed water distribution system to a non-potable irrigation distribution system. Collier County Wastewater Master Plan This Executive Summary is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 11, 2001, agenda item 8(A). Design and construction of the Golden Gate Canal Supplemental Water System in the amount of $4,385,000 is identified in the 2001 Wastewater Master Plan as a recommended capital improvement project. The adopted plan incorporated the findings of the Final Draft Wastewater Resource Planning Report dated September 2001. In preparation for that report, the Board heard an Interim Report of Reclaimed Water Resource Planning Issues and Peak In-igation Demand on September 28, 1999. The Board authorized staff to develop alternative sources of supplemental irrigation water supply to provide a more reliable irrigation service to reclaimed water reuse customers dm'ing dr3' weather. County Initir.tives The single, biggest use of potable water during peak season is irrigation. Irrigation can account for as much as 40 to 60 percent of daily consumption. The County can reduce demand for potable water, by displacing potable water irrigation with non-potable water irrigation. At a special meeting on Saturday, March 30, 2002, the Board of County Commissioners declared a t ,mporary state of emergency and implemented mandatory restrictions on using C ~unty po' hie water for non-essential uses. This action was deemed necessary after mechanical failure of system sub-components resulted in a partial, temporary reduction in the County's ability to produce potable water. On May 14, 2002, agenda item 10(D), the Board heard staff present the cost-benefit of several alternatives to improve the overall reliability of the County water supply and production capabilities. One of the alternatives was to offset peak season demand by switching large-scale users of potable water for irrigation to the County's reclaimed water system using supplemental water from currently available alternative in'igation water supplies. l ' A'~..~,~' IT£~ --..,. ,o. DEC 0 3 2002 Executive Summary Gold'ea Gate Canal for Irrigation Water Page 3 From the demand side, switching large-scale irrigation users of potable water to an alternative supply can reduce peak season demand. This can be accomplished by making reclaimed water available, but the value of this water for irrigation is limited because of the fluctuation in availability with the seasons. By combining reclaimed water with supplemental surface water sources, the availability of irrigation water becomes more reliable, the value of this as an alternative water supply increases, the public will begin to use non-potable water for irrigation, and hence, a greater offset in potable water use. SFWMD Regional Planning The County's proposed plan is consistent with a recent draft report prepared by the South Florida Water Management District (SFWMD) titled, "Regional Imgation Distribution System (RIDS)", and a subsequent Technical Memorandum No. 3 dated October 28, 2002. In the study, SFWMD identified the Golden Gate Canal as a potentially viable source of non- potable water for in-igation purposes. FISCAL IMPACT: This project is funded in Fiscal Year 2003. Funds in the amount of $87,300 are available. Source of funds is Sewer User Fees (414). GROWTH MANAGEMENT IMPACT: This Executive Summary is consistent with objectives of the Sanitary Sewer Sub-element of our Growth Management Plan in that it will .... promote the use of treated wastewater effluent for in'igation purposes. The program is also consistent with objectives of the Conservation and Coastal Management Element of our Growth Management Plan in that it will conserve the County's fresh water resources. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve, and autho~Sze the Utilities Engineering Director to execute, two work orders to develop a master plan for distribution of non-potable inSgation water within the Collier County Water-Sewer Service Area in the aggregate amount of $87,300. Karl V . Boyer, P.E., Utilities Engineering Senior Project Manager APPROVED BY: Roy B. nderson, P.E., Utilities~gineefing Director ? . ~s ~. DeLony, P.E., Public~tilities Administrator DEC Executive Summary Golden Gate Canal for Irrigation Water Page 4 inch equals 3,703 77 feet Figure 1. Golden Gate Canal from Control Structure at Bear's Paw Gold Club to Collier Boulevard (County Road 951) | OEC 0 3 zoot EXECUTIVE SUMMARY AUTHORIZE A BUDGET AMENDMENT RECOGNIZING REVENUE TO FUND THREE (3) ADDITIONAL EMS POSITIONS AS OUTLINED IN THE NAPLES COMMUNITY HOSPITAL TRANSPORTATION SERVICE AGREEMENT. OB,JECTIVE: Provide efficient / reliable healthcare transportation without negatively impacting emergency services. CONSIDERATION: On September 24th, 2002, the Board of County Commissioners approved a Service Agreement between the Naples Community Hospital Healthcare System, Inc. (NCH) and Collier County for professional healthcare transportation of patients between Naples Community and North Collier hospitals. Per the Agreement, NCH Healthcare System, Inc. shall provide the housing and funding for the employment of three (3) additional full-time Paramedic positions, with benefits, for Collier County. This executive summary recognizes the revenues generated from the NCH agreement and allocates funding for the additional three (3) positions into the County budget. -.-- FISCAL IMPACT: The estimated annual cost to provide this service included three (3) additional full-time Paramedic positions with benefits, operations and capital are $199,500. The total costs will be allocated from Fund 490 / Fiscal 2002-2003. These costs will be offset from revenues collected pursuant to the Agreement in the amount of $199,500. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the EMS Growth Management Plan, it is consistent with the goals of the County to streamline the number of routine responses and related transports, therefore allowing dedicated EMS zone units to expedite the procurement of emergency services. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment recognizip; additional revenues in the amount of $199,500, to authorize and allocate funds for thrc, (3) additional EMS positions and 100% of all other associated cost, as outlined in the previously approved NCH Healthcare System Transportation Service Agreement. SUBMITTED BY: 0~ ~/a( ~-<~t_.~ Date: e ff~i~:~Oirec~or ..... APPROVED BY: ~ Date: // _ Dunnuck, Public Services Administrator ° EXECUTIVE SUMMARY AWARD CONTRACT # 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES" TO WILSON MILLER, INC. OBJECTIVE: To receive Board approval for award of a professional services contract to the final firm in 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. Subsequently, contract negotiations were successfully completed by staff for four of the seven firms. An Executive Summary was prepared and referenced the fact that the three remaining contracts would be submitted for approval at a later date pending successful completion of negotiations. Three of the four remaining contracts were approved on September 24, 2002, Agenda item No. 16 (E) 6. The negotiations with the final firm, Wilson Miller, have been successfully completed and the contract has been finalized for signature. FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user Department. GROWTH MANAGEMENT IMPACT: While 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 a professional services agreement to Wilson Miller and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agreement. ~e{'~ey War~, Senior Purch~.sing & '' .C~~.,~ ~C° ract gent, Purchasing Dep ent REVIEWED BY: Ste~,Z_Carn,~,.~ire',.tor~'' '~..'~ ,- f Date: ,,~ Purchasin~rvices Department APPROVED BY: Date: Jo-Anne Varcoe-Lea~cr, ' Administrative Services Division Administrator EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 02-3432 "ON-CALL MECHANICAL CONTRACTOR SERVICES" TO UNITED MECHANICAL INC., B&I CONTRACTORS INC., AND AIR MECHANICAL & SERVICE CORP. FOR MECHANICAL ENGINEERING AND CONTRACTOR SERVICES. ~ To award Bid # 02-3432 (On-Call Mechanical Contractor Services) to United Mechanical Inc., B&I Contractors Inc., and Air Mechanical & Service Corp. for Mechanical Engineering and Contractor Services. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance, repair, and replacement of all County owned air-conditioning equipment which is used throughout the County in various County facilities. The Department out sources major mechanical air-conditioning equipment repairs and plumbing improvements. On October 2, 2002, the Purchasing Department solicited bids to contract for the purchase, repair, maintenance, and installation of mechanical equipment. The selection of vendors was based on a pricing formula, taking into account cost of installation labor hours for specific categories. Those categories included: cost per hour for Foreman, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materials. A total of four (4) bidders responded and three (3) were selected and awarded. By awarding to multiple vendors, the County may use any one of the three vendors that provide the best pricing and response time, improving our level of service to customers. A bid tabulation sheet is attached for review. Staff recomends multiple award to United Mechanical Inc., B&I Mechanical Inc., and Air Mechanical & Services Corp. for mechanical services. FISCAL IMPACT: Mechanical services average $120,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in FY 2002-03 department cost centers. GROWTH MANAGEMENT IMPACT: There is flo impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the award of Bid # 02-3432 On-Call Mechanical Contractor Services to United Mechanical Inc., B&I Mechanical Inc., and Air Mechanical & Services Corp. for annual mechanical services. DEC 0 3 20 Executive Summary ' On-Call Mechanical Service Page 2 of 2 sUBMITTED BY: D~n'iel R Rodrigt~e~,F~'~f"ti"M~I'nager Date: Facilities Managemorf['~Z'-*" ~.~Depart t REVIEWED BY: ~ Skip Camp, CFM, Director Facilities Management Department APPROVED BY: Date: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DEC 03~00~. I EXECUTIVE SUMMARY. APPROVAL TO AWARD BID # 02-3431 "ON-CALL OVERHEAD DOOR AND AUTOMATIC GATE CONTRACTOR FOR ANNUAL SERVICE AND REPAIRS" TO ACTION AUTOMATIC DOOR INC. AND OVERDOORS OF FLORIDA INC. ' OBJECTIVE: To have the Board of County Commissioners approve the award of Bid # 02-3431 to Action Automatic Door Inc. and Overdoors of Florida Inc. for the purchase, repair and annual maintenance of automatic gates and overhead doors. CONSIDERATION: The Department of Facilities Management is responsible for the maintenance, repair, and replacement of all County owned automatic gates and overhead doors. On September 18, 2002, the Purchasing Department solicited bids to contract the repair, maintenance, and installation of automatic gates and overhead door equipment. The selection of vendors was based on a pricing formula, taking into account cost of installation labor hours for specific categories. Those categories included cost per hour for a Service Technician and a Service Apprentice. In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materials. A total of two (2) bidders responded with very close pricing. The selection of two vendors provides redundant service in the event one contractor cannot provide services when required. Staff recomends award to Action Auotmatic Doors Inc. and Overdoors of Florida Inc. A bid tabulation sheet is attached for your review. FISCAL IMPACT: Overhead doors, automatic gate repairs, and maintenance expenses average $50,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in FY 2002-03 department cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the Cc'lier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve Bid # 02-3431 to Action Automatic Door Inc. and Overdoors of Florida In,:. for the purchase, repair and annual maintenance of automatic gates and overhead doors. ° Executive Summary Award Bid # 02-3431 REVIEWED BY: /~~~~'~/~ Date: Facilities Management Department APPROVED BY: ~ Date: t [/t'~/C) ~ Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division ~ g DEC 0 B 2002 .~, EXECUTIVE SUMMARY APPROVE PAYMENT IN THE AMOUNT OF $161,995.00 TO THE CITY OF NAPLES FOR WATER SYSTEM DEVELOPMENT FEES FOR SERVICE AT THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To have the Board approve payment to the City of Naples in the amount of $161,995 for system development fees for the Main Government Complex. CONSIDERATIONS: On October 12, 1999, the Board approved (Agen4d,,a Item 16-D-28!,a plan to increase the water service at the Main Government Complex from a main to an main. The cost of this project was $305,035.00. The City agreed to sub-meter the Chiller Plant and the irrigation system and apply a credit to the total cost as these systems do not impact the sewer system. The City agreed to offer the credit for a period of two years. The balance ($161,995.00) is due now and payable to the City. FISCAL IMPACT: The balance for the upgrade to the potable water service to the Main Government Complex is $161,995.00. Funds are available in Fund 301 Roofing projects (roofing repairs came in under budget). A budget amendment would transfer funds from Roofing projects to General Improvement projects. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approve payment in the amount of $161,995.00 to the City of Naples for increased potable water service to the Main Government Complex and the associated budget amendments. Prepared By' //~~/~/~ ' //'///~ ff//~ ~' · t er/~fY~fDaniel R. Rodrig Date: The Department of Facilities Management Reviewed ~~c Date: By: ?- ~ ' '" tor The Department of Facilities ~Management ~ Date: //~/~°' Approved By: Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division DEC 032 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO REAPPROPRIATE CARRYFORWARD FUNDS IN SEVERAL PROJECTS AND TO REOPEN PURCHASE ORDERS IN FY 03 THAT WERE CLOSED IN ERROR IN FY02 IN THE AMOUNT OF $177,245. OBJECTIVE: To obtain Board of County Commissioners approval of a budget amendment to adjust carryforward in the County-Wide Capital Projects Fund (Fund 301) and to reopen purchase orders that were closed in error at the end of the FY 02. CONSIDERATION: During the budget process late summer, the Budget Department requested that all Capital Project Managers estimate how much budget would be needed in the various capital projects for Purchase Orders and expenditures. The remaining, unspent & unencumbered balance of each capital project was budgeted into FY03. A budget amendment is needed to adjust the following projects and to reduce Carryforward by $93,344 to the audited amount and the balance be placed into Reserves: Geographic Information System (GIS) (50014) Adjust project by ($167,071) Computer System Net~vork Improvement (50015) Adjust project by ( 4,247) Financial Mgt System (SAP) (50017) Adjust project by ( 26,406) New Air Conditioning Units (52162) Adjust project by 130,448 General Building Improvements (52525) Adjust project by 46,797 Renovations & move for the Constitutional Officers (52001) Adjust project by (219,465) Immokalee Jail Renovations (53196) Adjust project by ( 5,573) Voting Machines (50019) Adjust project by ( 3,872) Reserves for Contingencies Increase by 156,045 At the end of each fiscal year, a list of purchase orders that needed to be rolled into the next fiscal year (FY03) was provided to the Purchasing and Finance Departments. Because of the magnitude of the number of purchase orders that roll, occasionally a few purchase orders were closed in error. Below is a list of purchase orders that were marked to roll in FY03, but were closed in error during the roll. New Air Conditioners (52162) United Mechanical Inc. $2,990 PO # 206 20 United Mechanical Inc. 64,560 PO # 20, 783 United Mechanical Inc. 24,800 PO # 206908 Advance Air & Refrigeration 2,380 PO # 206022 Advance Air & Refrigeration 1,020 PO # 204678 Advance Air & Refrigeration 3,794 PO # 203990 Advance Air & Refrigeration 2,145 PO # 206582 Trane 9,400 PO # 204796 Trane 17,220 PO # 206527 Johnson Controls 2,139 PO # 206926 Total $130,448 BEC 0 3 General Building Improvements (52525) Surety Construction Company $8,147 PO # 206870 E. B. Simmons Electrical Inc. 31,800 PO # 206655 E. B. Simmons Electrical Inc. 6,850 PO # 206944 Total $46,797 FISCAL IMPACT: A budget amendment is needed in the County-Wide Capital Project Fund (301) to adjust the FY 03 budgets to reflect the amount of budget still remaining in each of the capital projects noted below, to reduce Carryforward by $93,344 and to increase Reserves by $156,045. Geographic Information System (GIS) (50014) ($167,07 i) Computer System Network Improvement (50015) ( 4,247) Financial Mgt System (SAP) (50017) ( 26,406) New Air Conditioning Units (52162) 130,448 General Building Improvements (52525) 46,797 Renovations & move for the Constitutional Officers (52001) (219,465) Immokalee Jail Renovations (53196) ( 5,573) Voting Machines (50019) ( 3,872) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County' Commissioners approve the necessary budget amendment to adjust various project budgets, reduce Carryforward, increase Reserves and to reopen the above noted Purchase Orders in FY03. P~PA~D BY: ~: ~. ~.'~ /.~-: ~'~' '~' '''?:. :; ,2./;..~.~_ '~ Date: Becky Enckson, Fiscal Technician Dep~nment of Facilities Management ~ack Crognale, erinc~al Project Manager [,i~ Department of Facilities Management Skip~amp, CFM, Direc[o~ Department ~anagement ~V~WED BY: Date: Jo-Anne Varcoe-Leamer, Ad~nistrator Ad~nistrative Services Division DE - 3 2002 EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH EAST NAPLES UNITED METHODIST CHURCH, INC., FOR LAND TO BE USED FOR ADDITIONAL GOVERNMENT COMPLEX PARKING AT AN ANNUAL RENT OF $1,000. OBJECTIVE: Approve a Lease Agreement with East Naples United Methodist Church, Inc., (Landlord) for use of its property as additional Collier County Government Complex parking. CONSIDERATIONS: Additional parking for the Government Complex is needed immediately to accommodate the personal vehicles of contractors involved with the County Jail expansion and long term for the ongoing County Complex building program. The Lease is for 0.57 of an acre ("Demised Premises") located adjacent to the County's north parking lot off Airport Road and west of the Juvenile Detention Center and, once improved, will provide parking for approximately fifty vehicles. The Lease is initially for thin3' years commencing as of November 15, 2002, with the County havine the right to extend for one additional thirty-year period, provided the County is not in default under the terms of the Lease. The County can terminate the Lease at anytime with thirty days written notice. The Landlord has the right to terminate the Lease at anytime after the first ten years of the Lease by providing the County at least 180 days written notice. Rent during the initial and extended periods of the Lease will be $1,000 annually. The Lease also allows the Landlord to use the Demised Premises for church activities during evening and weekend hours and the County to utilize part of Landlord's other parking ("Shared Area") during County business hours and, if needed, on the weekends v¥,ith prior consent of Landlord. The cost to improve the Demised Premises is estimated at $300,000 and will be borne solely by the County. This amount includes, permitting, site preparation, paving, curbing, lighting, landscaping, etc. Three hundred twenty-five thousand dollars was included in Facility Management's FY 02/03 Capital Budget for this p~ rpose. Both parties have coexisted in the past without an agreement and the arrangement has been successful. However, at this time, it is necessary to enter into a Lease in order for the County to invest in the improvements, as well as minimizing unforeseen liability issues for both parties. FISCAL IMPACT: The annual rent of $1,000 shall be paid from General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Mana ;ement Plan. DEC 0 3 2002 P~ .~.~ E~ECUTIVE SUMMARY Lease with East Naples United Methodist Church Page 2 RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute the Lease Agreement with East Naples United Methodist Church, Inc., at a later date pending final review of the Lease by both parties. q iichael H. Dowliag, Property ~anage~ment Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED BY: ~q/[ ~h ! DATE: Charles E. Carrington, Jr., Sll~ A, Manager Property Acquisition & Construction Management Facilities Management Department EVIEWE Y: ATE.' /~J~91~k-Crognal~, ConStruction Manager ,//Property Acquisition & Construction Management ~ Facilities Management Department REVIEWED BY: ~ /i DATE: Facilities Management De~ar(ment APPROVED BY: ~// DATE:[[ Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division EXECUTIVE SUMMARY APPROVAL OF GROUP HEALTH THIRD PARTY ADMINISTRATION FEES FOR CALENDAR YEAR 2003. OBJECTIVE: To provide group health insurance claims adjusting services to the Collier County Group Health Insurance Program. CONSIDERATIONS: The County administers a partially self-funded Group Health Insurance Program for the employees of Collier County. The program requires the use of a Third Party Claims Administrator to adjudicate claims presented to the Plan for payment. Since 2000, the County has used Corporate Benefit Services of America, formerly known as Robey Barber Insurance Services as its claims payor. The services provided by Corporate Benefit Services of America (CBSA) have been satisfactory and it is the recommendation of staff that services be continued. The contract with CBSA requires that they provide a renewal price quotation to the Board for the Board's approval. CBSA has provided the following quotation. Rates are on a per employee per month basis: Service 2002 Cost 2003 Cost Claims Adjudication $8.80 $11.75 COBRA Administration $.60 $.95 Dental Administration $2.00 $1.80 Certification of Coverage $.35 $.35 Total Fee $11.75 $14.85 Estimated Monthly Costs $23,981 $30,308 Annual Setup $6,000 $6,000 Estimated Annual Costs $293,781 $369,706 Willis Corporation, the County's contracted broker, provided additional market rates for this service as provided by other companies and reported that the rate charged is competitive with othm :ompanies. Typical fees for this package of services range from $14.00 per employee to $25 per employee per month. Although the 2003 rates equate to a 22% increase, they only represent approximately 2% of overall program costs and remain competitive. Finally, the decision to change claims administrators has significant logistical and service impacts to employees and providers. Therefore, it is recommended that the Board approve the renewal of the contract with CBSA at the rates provided herein. The effective date of the contract renewal is January 1, 2003. DEC 0 3 2002 FISCAL IMPACT: Estimated annual costs for this program are $369,706 based upon 2,041 employees. Funds are budgeted within the Group Health and Life Fund for this purchase. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the renewal of the contract with CBSA for group health claims administration services at the rates quoted herein. PREPARED BY: Jeff,~7' ~'Pcu, ARM, Director, Risk Management Department Jo-Anne Varcoe-Lcatner, Administrative Services Administrator EXECUTIVE SUMMARY, ACCEPTANCE OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS TO BE USED FOR SHELTER ENHANCEMENT FOR THE VINEYARDS AND LAUREL OAKS ELEMENTARY SCHOOLS AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE REVENUE IN THE AMOUNT OF $48,750. OBJECTIVE: Board of Commissioners approval and acceptance of Agreement #03-SR-77-09-21-01 between the State of Florida, Department of Community Affairs and Collier County for funds for storm shelter enhancement for the Vineyards and Laurel Oaks Elementary Schools. CONSIDERATION: The Department of Community Affairs (DCA) has made funds available to retrofit existing shelters in order to reduce the state-wide shelter deficit. The DCA has awarded Collier County funds in the amount of $48,750 for shelter retrofits at the Vineyards and Laurel Elementary Schools. Funds will be used to install wind barriers for the common roofs over the cafetoriums and Building "2" at each location. In addition, window and door protection will be installed for Building "2" at each school. If the Agreement is approved, the Emergency Management Department will serve as the project manager to insure that all work is completed prior to contract termination. Under the terms of the Agreement, all work must be completed by May 31, 2003. FISCAL IMPACT: Increase of $48,750 to Emergency Management Crant Fund 118, for Hazard Mitigation. A budget amendment is needed to recognize and appropriate revenue. GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal Management Element, requires that the County continue to identify shelter space that complies with the American Red Cross shelter standards. RECOMMENDATION: That the Board of County Commissioners approve the Agreement #03-SR-77-09-21-01 for the installation of hurricar.e shelter mhancements at Vineyards and Laurel Oaks Elementary Schools and approve the Bur. get Amendment recognizing and appropriating $48,750 in the Emergency Management Grant Fund. SI IBMITT BY ~ ~.-.-~ ~ q~'~'~'~ Date' ...... ED : ,__ x,- -" ' -' tor J~es von'Rinteln, Emergency Management Coor&na APPROVED BY~~ Date: _"1 ~h Pineau, Emergency Management Director AGElYD,t~i,TEM , DEC - 3 2002 Contract Number: 03-SR-77-09-21-01-~ CSFA Number: 52.024 STATE-FUNDED SUBGRANT AGREEMENT THIS'AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County Board of County Commissioners (hereinafter referred to as the "Recipient"). THiS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient has been awarded funds for a project(s) which has been evatuated for consistency with criteria established by the Governor and Legislature; and B. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and C. WHEREAS, funds used for emergency sherder or critical facility projects are contingent on certification by the Department that the emergency shelter or critical facility complies with or will comply with, the structural considerations of ARC 4496, Guidelines for Hurricane Evacuation Shelter Selection; and D. WHEREAS, the Department has authority pursuant to the General Appropriations Act, for the State Fiscal Year 2002-2003, Specific Appropriation 1523. to disburse the funds under this Agreement to eligible recipients under the Local Emergency Management Needs; and E. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) _SCOPE OF WORK. The Recipient shall undertake and fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIE_S. AG DA I M Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. , · This Agreement shall begin upon execution by both parties and shall end May 31, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars (5! 5.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPtNG (a) 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 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 or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. - AGENDA~TEk No._//. ~ . I EC - 3 2002 2. Records for the disposition of non-expendable personal property valued at S5.000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing pf title. (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the c~rcumstances but ordinarily shall mean during normal bus,ness hours of 8:00 a.m. to 5:00 p.m., local t~me, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by Department. (d) Any additional terms and conditions pertaining to recordkeeping are set fodh in Attachment G and all terms and conditions pertaimng to property management and procurement under this Agreement are set forth in Attachment H. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The close-out report is due 30 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further 3 ' i~.,~',l DEC - 3 28,32 pg. payments until they are completed or may take such other action as set fodh in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed ,in ,accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Depadment. (f) The Recipient shall provide additional reports and information as identified in Attachment C. (7) MONITORING. The Recipient shall constant!y monitor its pe,dormance under this Agreement to ensure that time schedules are being met. the Budget a"d Scope of Work is being accomplished within specified ~imeperiods, and other performance goals are be,n¢ achieved. Such revJew shall be made for each function or activity set forth in Attachment A to tns Agreement. In addition, the Department will monitor the performance and financial management by t,ne Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTS" 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. In the event that the Department 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 fudher agrees to comply and cooperate w~th any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. AGE I,J.DA I~E' DEC - 3 2002 Pig._ ~ (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Depart,m,ent harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, FI~, Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat, for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts oromiss~ons. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third part~es ~n any matter arising out of any contract. (9) DEFAULT; REt¥1ED1ES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any' of tine following events occur ("Events of Default"), ali obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth here~n, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the r~ght to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilting to meet its obligations thereunder; DEC - 3 2002 Pg. 6 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any repo~s flied or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) ,days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure. exercise any one or more of ~he following remedies, either concurrently or consecutively, an~ the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other reined;es contained herein or otherwise provided at law or ~n equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set for'th in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; OEC - 3 2002 Pg._ ? 5. Exercise any other rights or remedies which may be otherwise available under (c) The Department may terminate this Agreement for cause upon such written notice as is reasona,ble, under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, _Fla. Sta_t., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. _Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the addre ~ set forth below and said notification attached to the original of this Agreement. (b) The Department designates Debbie Boyette, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to her at: AGENDA.LT..EM No. DEC - 3 20 2 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850/413-9972 Fax: 8501488-5777 Emaih debbie.boyelte@dca state.fl.us The PrOject Officer for this Agreement is Dean Griffin. He can be contacted for technical assistance relating to this Agreement at the above address, telephone 8501413-9954, or e-mail dean .griffin@dca.state.fi.us. (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Kenneth Pineau Emergency Management Director Collier County BOCC 3301 Tamiami Trail East, Building F Naples, Florida 34112 Phone: 239/774-8444 Fax: 239/775-5008 Email: kenpineau,.~.collierg ov.n et (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the ~nformation, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of ~ :curacy thereof or any material changes shall, at the option of the Department and with thirty (30) days wr,,ten notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict 8 IAG ~I",J,D A J.T..E M No. /5./" DEC - 3 2002 with any apphcable statute or rule, or is otherwise unenforceable, tiqen such provision shall be deemed and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other prows~on of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and ~ife of th~s Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 USC. Section 12101 ~), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in tetecommunications. (0 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of rea! property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two fcra period ~f 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documen, ts, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. AG E, N~,'F- M 9 DEC - 3 20,32 pg. /0 (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., I,oc,al time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for/he purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., and in the event that the Recipient expends a Iotal 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, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and C"apters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of ?'e Auditor General. EXHIBIT 1 to this Agreemen: ~ndicates SIate financial assistance awarded throu? t~ne Department by this Agreement. In determining the State financial assistance expended in its fiscai year, the Recipient shall consider all sources of State financial assistance, including State funds rece ved from the Department, other state agencies, and other nonstate entities. State financial assistance does inot ~nclu,Je Federal direct or pass-through awards and resources received by a nonstate entity for Federa~ program matching requirements. In connection with the audit requirements addressed in paragraph 12(d) above, the Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This ~ncludes submission of a repoding package as defir~ed by §215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-' rofit organizations), Rules of the Auditor General. If the Recipier~t expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of §21597, .Fla. Stat, 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 §215.97, Fla. Stat, t he cost of the audit DEC - 3 Pg._ // must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recip~ent's resources obtained from other than State entities). (e) Report Submission. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 12 shall be submitted by or on behalf of the Recipient d_irect!A to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Se'-wces 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emercjency Management 2555 Shumard Oak Boulevard Tatlahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building ,1,1,1 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submif, ted Umel~ n accordance with OMB Circular A-'~ 33, Florida Statutes, and Chapters 10.550 (local cjovernmental entities) or '10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packacjes to the Department for audits done in accordance with OMB Circular A-'~33 or Chapters 10.550 (local governmental entities) or '~0.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date BEC - 3 2002 Pg. /4~ that the reporting package was delivered to the Recipient ~n correspondence accompanying the reporbng package. (f) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this dgreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (g) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent ~n accordance with these applicable regulatrons and Agreement provisions within thirty (30) days a~er the Department has notified the Recip~e,nt of such non-compliance. (h) The Recipient shall retain all financial records, supporting documents, statistical recorCs, a,'~d any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (i) The Recipient shall have all audits completed in accordance with § 215.97, _Fla. Stat. by an ~ndependent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, .F. la. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) tf the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (0 the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the 12 AG D - - DEC - 3 2¢J 2 Department and Recipient harmless against all claim~; of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (1 5) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A- Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Reports (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $48,750 subject to the availability of funds, and in accordance with the project(s) identified in the General Appropriations Act, Specific Appropriation 1523. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Stat. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If ar~ advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment F. Attachment F will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. 13 DEC - 3 20 32 (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. ,(17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, and subject to subparagraph (17)(a) above, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initia! agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted ,n detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to,any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act DEC - 3 "INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment prowsions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Depiartment. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Refer to Attachment E for additional terms and provisions relating to lobbying. (19) _COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to t~at pre-existing patent or copyright unless the Agreement provides otherw~se. (b) If any discovery or invention arises or is developed in the course of or as a result o' work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under, this Agreement are hereby transferred by the Recipient to the State of Florida. ].5 I / ~-.,,." · / J DEC-3 2002 (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing i0tellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Para§raph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The RecipieNt e:so certifies that t~e undersigned possesses the authority to le§ally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with a~y Statement of Assurances incorporated as Attachment I. (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fi~ Sta:., the Department shall issue payments to vendors w~thin ,40 days after receipt of an acceptable invoice anc~ receipt, inspection, and acceptance of ~oods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall resuR in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. DEC - 3 2002 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed bx' their undersigned officials as duly authorized. COLLIER COU-NTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Bx': By: W. Craig Fugate, Director Collier County Board of Commissioners Division of Emergency Management Date: Date: SAMAS a52-202510060.52600000-00-03000000 FEID ~59-6000558 .ATTEST: Dwight E. Brock, Clerk (Deputy Clerk) Approved as to Form and Legal Sufficiency ~ Assistant Co~nt~ A 1'7 DEC - 3 Pg. EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMEN ~ CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIS I OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Special Appropriation 1523 Hurricane Loss MitigaI!on CSFA: 52.024 S48,750 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Sectior~s 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes ,4. Chapter 119, Florida Statutes Chapter 60A-1, Florida Administrative Code 6. Chapter 9G, Florida Administrative Code 7. Funding under this Grant are limited to projects for the installation of window and door protection (or other types of minor structural projects) for projects listed in the 2001 Shelter Retrofit Report. 8. Projects may not have received other federal, state or local funding (i.e., HMGP, Special Appropriations, etc.). NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DEC - 3 2002 Attachment A Budget and Scope of Work A. S_cope of Work. The Recipient shall retrofit the following buildings with window/door protection systems on the exteridr v~indows/doors. Funds provided under this Agreement shall be used to purchase and install those systems. Installation shall be completed no later than May 31, 2003. Funds Provided_ School Name/Buildinq Identificatio~- Vineyards Elementary School, Building 2 $24,375.00 Laurel Oaks Elementary School, Building 2 = $24,375.00_ Total $48,750.00 qNEYARDS ELEMENTARY SCHOOL, BUILDING 2 Storm Barriers $17,000.00 -: 1. Material t 5,875.00 2. Installation I 1,500.00 TOTAL VINEYARDS $ ' ' LAUREL OAKS ELEMENTARY SCHOOL, BUILDING 2 I. Storm Barriers i $17,000.00 - 1. Materiat I 5,875.00 2. Installation ~ 3. E.____~n~nd Fees TOTAL LAUREL OAKS I $24,375.00 C. Fun____r ~ Compliance Requirements_ 1. Funding under this Grant is limited to projects for the installation of window and door protection (or other types of minor structural projects) for projects listed in the 2001 Shelter Retrofit Report. 2 If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it shall notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use of the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services that will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. DEC Pg- 1. A Quarterly Report, Attachment C-1, is due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until Submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and Ju~e 30. The Quarterly Repod shall provide the status of documentation requirements in accordance with the Reporting Schedule in Paragraph E. below, as well as a discussion of significant events or milestones, ,.. circumstances affecting completion dates, and any special issues which should be reported on 2. Reimbursement may be requesled on a quarterly basis as needed, and will be based on expenses as repoded and indicated by the submission of the quarterly progress report required by Paragraph 6.(b) and Attachment C-1, and the submission of an approved request for payme,~t (Attachment C-3). Funds are ~o be expended in accordance w/th the Budget and Scope of Work 3. A full accounting for the expenditure of lhe $48,750 will be conlained in the close-out report (Attachment C-2), which is due 30 days after termination of this Agreement or upon completion of the activities contained in this Agreement. 4. On or before 9/30/02, during the 1st Quarter--The Recipient shall provide to the Department a description of shutter/window protection system selected. 5 On or before 9/30102, during the 1st Quarter--The Recipient shall demonstrate that all opening products or protective systems purchased and installed as part, or in who/e, of th~s gra.-i,, g,aze~ have been tested and certified [o meet or exceed ~he minimum performance standards of [he SBCCI Standard SSTD 12, and/or ASTM Standards E 1886 and E 1996. Glazed opening includes, bu[ is not limited to, windows, skylights, and glass block. As an alternative, building opening protective systems and products that have been tested and certified to meet or exceec the minimum performance standards of the most recent editions of/he South Florida Buildinc Code for wind resistance structural loads, windborne debris impact, and cyclical loading Protocols PA 201, PA 202, and PA 203) are acceplable. All glazed opening products and protective systems to be utilized up to and including 30 feet in height above finish grade shall be tested and certified to meet or exceed the large missile impact testing procedures. 6. During each quarter, as appropriate--The Recipient shall provide to the Department copies all pertinent building permits. 7 On or Before 5/31/03, upon completion of project and prior to final disbursement of funds-- The Recipient shall provide to the Department copies of vendor invoices and payments made vendor on retrofits done. 8. On or Before 5/31/03, upon completion of project and prior to final disbursement of funds-- The Recipient shall demonstrate that each of the buildings listed below complies with, or will comply with (after completion of grant activities) the hazard vulnerability guidelines established the American Red Cross' supplemenl Guidelines for Hum'cane Evacuation Shelter Selechbn ('ARC 4496, July 1992) prior to utilization of funds. Failure to supply the above-referenced ARC 4496 documenta on, or disapproval of this documentation by the Department, shall result in denial of f.mding. 9. On or Before 5/31103, upon completion of project and prior to final disbursement of funds-~ The Recipient shall provide to the Department a copy of the Certificate of Occupancy/Completion provided by the local building inspector. 10. On or Before 5/31/03, upon completion of project and prior to final disbursement of funds-- funds--The Recipient shall provide to the Department photos of work performed. 11. On or Before 5/31/03--The Recipient shall provide to the Department the final reimbursement request. 12 On or Before 6/30/03--The Recipient shall provide to Ihe Department the final close-out report. 20 DEC - 3 2002 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. ,Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G, Florida Administrative Code DEC - 3 2002 Attachment C-1 Reports Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Quarterly Progress Report County: Collier Quarter Reporting: First Grantee: Collier County BOCC Second Agreement #: 03-SR-77-09-21-01- Third Date Report Submitted: Fourth Note Quarterly status reporting comments should be thorough and mctude, but not be limited to, a discussion of significant events or m¢testones (both successes and problems), circumstances affect,,ng co~,,pletion dates, and any special issues that should be reported on Date or Quarter Category/Item to be Provided in Which Status Completed I i. Description of shutter/window protection -.~vs"~' selected 2. Docurnentation that window/door protective systems selected and that all glazed products or protective systems purchased and installed as part, or in whole, of this grant have been tested and certified to meet or exceed the minimum performance standards of the SBCCI Standard SSTD 12, and/or ASTM Standa:ds E 1886and E 1996. [A copy of a Notice of Approval/Acceptance (NOA) showing the product has been tested and meets the Dade County requirements, or a letter from a laboratory or structural engineer stating the product has been tested and meets the requirements as listed in this contract's Scope of Work.] 3. Copies of all pertinent building permits 4. Copies of vendor invoices and payments made to vendor on retrofits done. 5. Documentation that each of the buildings listed in the Scope of Work complies with, or will comply with (after completion of grant activities) the hazard vulnerability guidelines established in the American Red Cross' supplement Guidelines for Hurricane Evacuation Shelter Selection (ARC 4496, July 1992). AGEN,BA,t,,T~f,,, - 22 No._ /~ ~' J /~,,I DEC - 3 2802 Date or Quarter Category/Item to be Provided in Which Status Completed 6. Copy of the Certificate of Occupancy/Completion provided by the local building inspector. 7. Photos of work performed. 8. Fm~al close-out report. 9. Final reimbursement request. Provide other documentation below as appropriate to justify request for reimbursement of funds expended during reporting quarter. 10. 11. 12. 13. 14. 15. 23 ~E~' t - 3 20 2 Pg.~ Attachment C-2 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Close-Out Report County: Collier Grantee: Collier County BOCC Agreement #: 03-SR-77-09-21-01- Agreement Amount: $48,750.00 Date Report Submitted: Agreement Period: - 05/31/03 Funds Received Under This Agreement Date Invoice Number Amount Total Agreement Amount $48,750.00 Less Total Funds Received Under This Agreement Balance of Agreement I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement. Signed: Contract Manager or Financial Officer Date: ' Attachment C-3 Invoice Number: - Financial Report/Reimbursement Request Collier County BOCC 03-S R-77-09-21-01 - To: Florida Department of Community Affairs , Division of Emergency Management Date Prepared: From: Work Completed: (paraphrase the information provided on the Quarterly Report) Total Contract Award $,48,750.00 Total Expenditures to Date Amount of this Invoice Amount remaining on Contract Original Signature FEID Number **TO BE COMPLETED BY DEPARTMENT** Date Invoice Received: Date Project Received: Date Project Reviewed: Date Project Approved: Date No. 114 lf~ I DEC -3 ~ 25 pg. ~'~-.~ EXECUTIVE SUMMARY. APPROVE ISLES OF CAPRI FIRE / RESCUE APPLICATION FOR A MATCHING (50~50) GRANT OFFERED BY THE FLORIDA DIVISION OF FORESTRY IN THE AMOUNT OF $2,230 AND APPROVE THE NECESSARY BUDGET AMENDMENTS. ,, ~ To obtain Board of County Commissioner's approval of an application for a Volunteer Fire Assistance Matching (50/50) grant for the purchase of two TFT (Task Force Tips) Propacks and 50 gallons of class A foam, and approval of the necessary budget amendments. CONSIDERATION: Isles of Capri Fire ! Rescue has received this type of grant, from the Division of Forestry, in the past. The grant has been used to purchase equipment to improve firefighter safety and firefighting capabilities. FISCAL IMPACT..'. The total cost of the equipment requested this year is $2,230. As this is a 50/50 matching grant the DMsion of Forestry will pay $1,115 leaving the Isles of Capri Fire ! Rescue department to provide $1,115 from the contingencies line of fund 144 (Isles of Capri Fire / Rescue). Budget amendments will be needed in order to transfer funds to fund 118, Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPA CT: There is no Growth Management impact. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to approve the grant application and approve needed budget amendments. Chief Emilio Rodrigu6z, Isl. Les of Capri Fire / Rescue APPROVEDB~~'~ ~~""- DATE' /9 ,~/~/~'C~t2 I~nneth F. Pineau, Emergency Management Administrator AGF.,I~ D,~TE M-.-~ l Sp DEC - 3 2002 Pg. / vOLU~EER'~ A~IS~CE ~T'~PLIC~TION ~GAL Collier Coun~ ~ard of Coun~ C~mi~ioners C~n~ ~D~55 _ 175 Ca~i Blvd t~les of Capri Fire Depart~n~ 5TA~: FL Z~_ ~113 .... CO~Y. Collier FI~ D~A~T~ :lOCAff~ IN AN IK'~OKF~A'I'~D Z{~'t no D~T~CE OF C~ST M~JAL ~O H~: DEP&RTM~;N~; S Miles NA~E~ FI~ D~eAR'~M~: Mar~ Islm~ Fire De~rtment ~ 15 ~(I t)FiNCID~NTSD'~<TY~R' %~LI~IANt)~IK~ 11 OT]I;~.~ L~AL~RF~EIV~D)'KOM~TA~OA~D~5S ]YPE .... 7~ ............... 350 ~ M~k ~..~ a~5 t_ .~, 1~ Br~h 250 3~ Brush 1250 ' 750 St~c~'~'~l { E~neHurdcane, 1985 .............. 1~ · 10~ -~ ~ru~tural E-One Com~rciat, 1986 i ~ 1115.~ ~.~C~,?~'~ lO ~ 5-gal Pails, Class A Foam ~o.oo {James N. Coletta . I .Form AD- 10.17 a[~mp~ing ~, cc~;I]cat~on; Isles of Capri Fir~Re~ Foreste~ Prick and F~ ~rc~se James N. Coletta Chairman OMB I~F~.~3 ASSU~CE5 - N0 N.CONS~U ~ON PROG~M~ · · , ~lt~ d~.8.- '~ - - ' . .... I~C~le t~ ,L~SE DO NOT RETURN YOUACOMPLETED FOEM ToTHE 0~FICE'OF MANAGEMENT'ANU.~uuo~ ' ;END IT TO'THE ADDRESS PROVIDED:BY .~E SPO~S~ING -~O~: · Cert31n of ~8s~.~en~s ma'y~ not ~ ~ppli~Jc. tm' ~r ~je~ or pro,mm. If ~ ~ qu;~EOr~,' please ~nt~ct A=t ~ 1973..e~[ =tour;deal {2~ U,S.C. ~7~). wb2cl'~ . Tma~ AC[ ~' t972 {P.L ~Z~255). as remanded, n;~ica~ion, rel~ln'g ~ nonSiscri~fion on tho 'b~i~ or drug of Uta United SI01cr, er~. if apP~p~Ic, tl~a S~, Al~holi=m-Pr~nlic~m Tma~m~t and the right to ~x3~n'e all records, l~s. ~. or ol~holi~m; (9).~523 ~d'527' ct 1he ~ubEc t4c~l~ dc4umen~ rolut(~ ~3 th~ ~3 ~nd will e~!~li[h a a~d 290 cc- ac~lc~ socounfirO s~tr,da~ ~ 39eccY di~k~t;, ~). aS ~nded~ [~l~t~ to con~d~nl:oldy o ~l~hal ' . ;md d~u9 eD~s pa~:ent (e~'. (h} Tillo ~t21 u~ir,l iI~eir pos:clo~ ~r ~ ~j~osm that ~UL:BtMe~ .or a~nde~, ml~lirlu lo r~ii~c~lm~a~lch In tho ~alc ,,tu~:e,' nnd. fi) t~ teaUimmont~ [~ ~>. i~83' !,~,d 16Bbrl~l. ~hichprahibi1~di~;cdmlnat~'~'on ~t"ncipa emPl~mvtit ac~wu.s ~=' ' ~ be~13 of ~x,: (C) 9e~;'In 504 Of ~e ~]il~'~hco in ${a,t ~v~Ol ~O~r'nl ~a~ Acl[40 U.&C; ~27Sa ~ 27~'7);' tho ~13nd Act 195~ (lB :U :S.C~ '~1271 et saq.~ [4~ U.S.C, .~276="~d ~6 U~.C. ~7;f),'~. ~':Ccr~t~ct ~po~n~ ~= pate~al .co~;onenb of ~ho 333). rugard!ng I~r ~anda~ ~r ~m~rucli~(~ubagmem=nL~. 13. V~t .~[ theaw~di~-~in.a~=urin0 w~' ~'~ 't~ or the Natio~ .'HI,orE require~cn~, of Section' I02~a) of ~'~e: Flcod D[sasler ~onti~Ou~ and Pmte~ion oF h[Sloric p~wi~), and ~ogram' ;md ~o ~hase tl~od in~Ur~rce ff tho ~:~1 oo~t ~ . human s~in~ed In m~eat~. pm~rib~ ~mu~ tO ~e; .f~bX~: (n) iA~C~ Ot pme~:r, developed un,er-~,~ Ccanl~il Zan~ &~hnC~nent, ~vcn~l .A~ '(42 .U;S;O, ~4~1 ~ =e:L) which u~d~:~ sec~L~ ~7~:c~ of the Clean. Air ~t ~ 1955/as amcnded (42 U.S,C. ~7401 ~:[ seq.); (g) pro c~Jnn o~ 17. V~qll ~;~.~e ~ be ~c~c~J Ihe f~ui~e~ linanciol ~r~ ~:.~rground ~surce~ or.drinking wamr urger ~e Saf~ ~mplia~ audits In ac~an~ DHr[Mng '~VatorA~ of 1974, R~ amended {P L. 9~-523) A~ ~mend~n~ o[ 19g~ and O.M~ Cir:u~r..~o. Enflangemd Spies A~ of I973. as' a,=u:r,de5 {P,L. 93, Organi~fion~;," 205). BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 3, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 2, 2002 through November 8, 2002. 2. Disbursements for November 9, 2002 through November 15, 2002. B. Districts: 1. Tuscany Reserve Community Development District - Minutes of September 12, 2002, Minutes of September 30, 2002. 2. Fiddler's Creek Community Development District - Minutes from August 28, 2002 Meeting, Adopted Budget FY 2003; Schedule of Meetings FY 2002-2003 and Unaudited Financial Statements dated July 31, 2002. 3. Cedar Hammock Community Development District - Minutes of November 5, 2002. 4. Mediterra South Community Development District - Minutes of July 24, 2002, Adopted Budget FY03 and Unaudited Financial Statement 6/30/02.\ 5. C. Minutes: 1. Pelican Bay M.S.T.U. Advisory Committee - Agenda for Oct6ber 2, 2002, October 2, 2002. 2. Golden Gate Area Master Plan Restudy Committee_- Minutes of August 28, 2OO2. 3. Immokalee Local Redevelopment Advisory Board_- Minutes of August 22, 2002 and September 26, 2002. 4. Radio Road Beautification M.S.T.U. Advisory Committee - Agenda for November 19, 2002; Minutes of October 15, 2002. AGENDA ITEM No. IL~' C~) DEC - 3 2002 H:Data/Format Pg._ / 5. Isles of Capri Fire/Rescue Advisory Board Summary - Minutes of October 3, 2002. 6. AGENDA iTEM ,,,,_ No. /,¢..Z" ,'"~,) DEC - 3 ZOO2 H:Data/Format Pg. 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 detem'fination whether the purchase orders opened from Novembei- 9, 2002 through November 22, 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 November 9, 2002 through November 22, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL LIlPACD The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impac~ related to this item. RECOM35ENDATION: That the Board of County Commissioners make a deten'nination of whether the purchases of goods and sen, ices 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. p rep ared B y.~,. ~,~tt~~~ Date: ~ ~,~.-----~ t~/ames L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and ~~/,/~ D~k Johnssen -""" General Accounting Manager - 3 2002 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Community School of Naples, Inc. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance educational facilities for Community School of Naples, Inc. CONSIDERATIONS: The Industrial Development Authority has been requested by Community School of Naples, Inc. ("Community School"), to issue its bonds to finance and re-finance certain educational facilities. These facilities consist of the renovation of existing buildings and construction of new academic facilities, the construction of a new field house and performing arts center, the renovation of some existing high school space for administrative space, the purchase of equipment, the acquisition of adjacent land and the refunding, in whole or in part of the bonds issued by the Authority in 1999 that were used to finance an earlier expansion. The Authority met on November 6, 2002 and considered the proposal. The meeting was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code. No members of the public were present at the meeting to object and no comments were received prior to the meeting. A second advertised public hearing was conducted on November 22 on the refunding of the 1999 bonds and again, no members of the public commented. At the conclusion of the public hearing, the Authority determined to proceed with the bond issue and adopted the attached Resolution to evidence this approval. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the tax-exempt bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, the bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of Community School. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The bonds are not liabilities of the County, and the AGEL~DA I~'EM No. DEC - 3 2002 / County is not liable for payment in any way. On the other hand, the issuance of bonds for educational facilities has a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The Authority has checked with the County's Financial Advisor and has been advised that the bonds will have no adverse impact on the County's bonding capacity. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The resolution expressly states that the school is subject to the LDC, the Growth Management Plan, and any applicable concurrency requirements. RECOMMENDATION: The Board of County Com¢issioners adopt the attached Resolution. Prepae,/~d by: ~ //~~/ _.___~. Donald A. Pickworth, Counsel Collier County Industrial Development Authority Approved by: David C. Weigel, County (.~torney DEC - 3 2002 Pg. RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(t) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part 121 of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, Community School of Naples, Inc., a Florida not for profit corporation, with certain facilities located within the boundaries of Collier County, Florida, (the "Corporation") has requested the Authority to issue its revenue bonds (the "Bonds") for the benefit of the Corporation and to loan all or a portion of the proceeds thereof to the Corporation to, among other things, (i) pay or reimburse the Corporation for the payment of, or to refinance certain prior debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating, rehabilitating and equipping certain educational facilities located in Collier County, Florida (the "Project"), and (ii) pay certain expenses incurred in connection with the issuance of the Bonds, and Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority caused notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on October 21, 2002 and November 7, 2002 in the Naples Daily News, a newspaper of general circulation in the County, and a copy of said notices is attached as Exhibit . (the "Notice"); and Whereas, the Authority held a public hearings on November 6 and November 22, 2002, pursuant to the Notices and adopted a resolution ( the "Resolution") authorizing the issuance of the Bonds, a copy of which is attached as Exhibit B, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the appl 8wal~oT~hbT' i~i~i'''--- issuance and sale of such Bonds as required by Section 147(0 of the Code is in the est ~;erests I(., of.Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance of the Bonds by the Authority for the purposes described in the Notices pursuant to Section 147(0 of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the project and the project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severabilim If any section, paragraph, clause or provision of this Resolution shall be held to be inx;alid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 3rd day of December 2002. [Remainder of this page intentionally left blank, sig-natures on next page] DEC - 3 2002 COLLIER COUNTY, FLORIDA BY ATTEST: ITS BOARD OF COUNTY Dwight E. Brock, Clerk COMMISSIONERS By:. James N. Coletta, Chairman Deputy Clerk [SE~L] Approved as to form and legal sufficiency: David C. Weigel, County Attorney Pa. 5 - i RESOLUTION NO. 2002-03 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITy REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL FACILITIES REVENUE BONDS (COMMUNITY SCHOOL OF NAPLES, INC. PROJECT) SERIES 2002 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING OR REFINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY COMMUNITY SCHOOL OF NAPLES, INC.( THE "CORPORATION',) IN CONNECTION WITH THE ACQUISITION OF CERTAIN EDUCATIONAL FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITy AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Community School of Naples Inc., a Florida not-for-profit corporation (the "Corporation") has applied to the Collier County Industrial Development Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $20,000,000 (the "Series 2002 Bonds") for the principal purpose of financing or refinancing certain costs of acquisition of certain educational facilities (the "Project") to be owned and operated by the Corporation and paying costs associated with the issuance of the Series 2002 Bonds; and WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WItEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and promote the public purposes provided in the Act; and EXHIBIT A TO COUNTY RESOLUTION D[C - 3 2392 Pg..~ WHEREAS, the Corporation has submitted the Preliminary Agreement (the "Preliminary A~eement") relating to the issuance of the Bonds; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Series 2002 Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Series 2002 Bonds and the location and nature of the Project, as more particularly described in Exhibit A attached hereto; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Series 2002 Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by' the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and xvelfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. - SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed' execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attache~ hereto as Exhibit "A", between the Authority and the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of (a) $20,000,000 or (b) the amount determined by the Authority and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $20,000,000 for the principal purpose of financing the costs of the Project as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary, Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions se' forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Series 2002 Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately· ADOPTED this 6th day of November, 2002. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (,SEAL) Secretary NapLes DaiLy News N~ceofMeeflngm~dPubllcHem'lng , ;: .l~o~.ce. Is .hereby .given ~ ..ne ~lller .cou. nly. I,n,. I(ll : re.me A F~e ~ ~Aumor ' ) Affidavit of PubLication .... ~l~,Cona~.~.:o. ~ec~.' ~ ,~ p..ubllc_ h~arr~g ' - ..... 'N~les,' :F or da, '34~04 'for ~e purpose of receiving- publl~ Comme~s and hearln= ~lscus~lo, concern. m~..t~.e pr_apq~..d Issuance of-.~e .A~n.or_~'s .cs~m~ :~.c,mes ~evenue ~onas {commum~ PZCKgORTH, DONALD P A ~c.hogl ~ot ,NaPles, Inc. 'Prolecf),' In ,an ................. use¢.to flnonce me "~:ClUl.~l~o~,-oon51~Jc~on, NAPLES FL 3410~ .eclplppl~g of .cedaln ~du¢.11o~Ol facilities descrlbeo one con~lrucflon of new ocnl~eml¢ 'foclllfles {appro. .xlml~el¥ 36~3 ea. ff.)$ cofiltrucflon ~.of new field nou.~e ~m~rox.. 50~0 ~..ff.); .~_.n,lrucl~n of new peR~rmmg mm.. comer :~.m/]?~o~ 34,~1~ ~. ff.); .re.n. avalon c~ sx~s~ng high' '~:hool building ~or REFERENCE: 010784 ~r~ye .IPo~.e.(approx...3,..~0..1~. ff.)$ equipping of 58~40147 NOTZCE OF #EETZNG AN academic' mclllfles; 9c~$mon o~ OOlaCa~) land (o- [~prox, .14.01~ ocres)~ ~ld land being odorant to State of FLorida mee'xlsilnglchool°nt~en°r~nsl~eofthecomPU" I County of CoLLier ~.Prolec). Location: 'The Communl~ ~chool[ ~mp.us m .Io~ed ~f 13~7~ LIvlng~n Ro~d, NaPles, Before the undersigned authority/ personaLLy P~naa3410~ ' · appeared B. Lamb, ~ho on oath says that she serves ~~~~- ' '"'~'"~ as Assistant Corporate Secretary of the NapLes ~).lpHIql.~Slh~rclfor DaiLy News, a daily ne}tspaper published at NapLes/ - in CoLLier County, FLorida: that the attached The bonds will be o<rvoble ~olely from ~e revenues copy of advertising ~as published tn said derived by the Authortly from o Io~n agreeme~ or newspaper on dates Listed. other financing mzumem~ _l~een the Au~or~ and Commun~ School." Ne,er the bonds nor the Affiant further says that the said NapLes DaiLy Inferesf ~hereon shall be an Indebtedness of, or News is a newspaper published at NapLes, in said pledge of,.the fmxlng power or any c~her revenues CoLLier County, FLorida, and that the said of Collier ~ountv, the State of P~l~a, or gay bollfl- newspaper has heretofore been continuously c~lsubdlvislonor~enc¥~eroo~. . published in said CoLLier County, FLorida, each All I~ere~ted per$ons ore Inv)+ed fo submit wrl))en commen)~ or .m~end the he,ring, .e)fner personally day end has been entered as second cLass me1L or throuoh rnetr repre~enfc~ive, gad .will-be Olven matter at the post office in NapLes/ in said on oppormnl~ )o express 1heir vlew~ concerning the project or )he .flrmn~lng. Anyone des(tin0 Co~Lier County, FLorida, for a period of q year make wrlllen c~mmem~ In advance of next preceding the first publication of the moy send such commenfs to: '+tached copy of advertisement; and affiant . ColllerCouniyIndusfrl~l 'thor says that she has neither paid nor · Develo~menfAuthor~y ~Jmised any person, firm or corporation any c/oEconomlcDevel~omerffcouncll discount, rebate, commission or refund for the 3050 Norrn HorseshaeDrlve,$ulfe 320 purpose of securing this advertisement for . Naples/Florida34304 publiction in the said newspaper. Wrltlen commer~s rarely'ed n ~dvonce Of the he,ring and oral commenfs mode ot tqe heorln; PUBLZSHED ON: 10/21 ore for ihs c~n$1~erollo~ of t~e Au~norlty gad wD nsf bind the Author~. Copies of .the a~pllc~on for financing will be ovall~le for Inspection gad copy: lng on gad ~er Oc~obe~ 2a, 2002 ~ t~e office o~ the A~ffhorlty let forth above. SHOULD ANY PEES(~I~ DECIDE TO ~PEAL ANY DECISION MADE BY THE AUTHORITY WITH RE- SPECT TO ANY MATTER'CONSIDERED AT SUCH AD SPACE: 184.000 INCH HEARING, .SUCH PERSON-WiLL NEED ARECORD FILED ON: 10/21/02 OF THE PROCEEDINGS'AND, POE THAT PUR. POSE, SUCH PERSON-MAY NEED TO ENSURE THAT A VERBATIM RECOI~D :OF THE PROCEED. signature of Affiant TEST MONY AND EVIDENCE .UPON WHICH THE APPEAL IS TO BE BASED, :. . ' 5~ F~cKworfh, General counsel ~ (941)--'~3.1t060 no Persona L ly known by me · _ later than seven (?) days prior fo fne hear ny. This notice 'Is Illven pursuar~ fo Se~ion i~7(f) of lhe Internal Revenue Code, os amended. '.,. ~... ~ It,~y Cornlr~issian 0D05~33¢~ A$t~s~n'l Secretory a~ : '. EXHIBIT A TO AUTHORITY RESOLUTION - 2052 I' NapLes DaiLy News NapLes, FL $4902 Affidavit of PubLication Naples DaiLy News ..... a PlCKUORTH, DONALD 5150 TARIAHI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 58550949 NOTICE OF PUBLlC HEA State of FLorida County of collier Before the undersigned authority, personally appeared B. Lamb, who on oath says t~at she serve as Assistant Corporate Secretary of the Naples ..... · daily newspaper published a{: Naples, Daily Ne?s. a . - · · that the attached in Collier county, FLorida. said copy of advertising was published in newspaper on dates Listed. Affiant furth r says that the said Naples Daily n~ws :per published at NapLes/ in said News is a - P .... ~,- and that the said CoLLier Co.unty! r~,_;~_-./. ~-en continuousLy ln~e newspaper nas ~ere~o~ur~ ~ ~.e · aid Collier count7~ FLortda~ each published ln.s ..... a as second class mail day and has Deer matter at the post of?ice in NspLes., in said or .d.rtisament and affi ant further says that she has neither paid nor to: . .. promised any person, firm or corporation any . {,~.. -. discount/ rebate, commission or refund for the . c/oECOr~ ~c~osvelo~mentc°uncll securing this advertisement for .. ONOrt~eshoe-Drlve,$uliellO purpose of in the said newspaper. 305 ,~Noples, Fmr~Ua34104 pubLiction ved'ln advo~ce 'of t~e ~ot SHC ~g A~ ' ClD~ TO APPEAL ANY~ FILED ON: 11/07/02 ....... sworn to and Subscribed me~i day of Do~_D A. PIC~WORTH, P.A. ATTORNEY AT LAw SUITE 602 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34103 (941) 263-8060 FAX (941) 598-116 November 20, 2002 Via Fax and Hand Delivery David C. Weigel, Esquire I~OIJNW ATTORN~'/~ OFFICE Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 NOV ,oM Re: December 3, 2002 Agenda ?iSIDIlOilll~l!!g13141~16 Dear David: I am enclosing the following documents for inclusion in the December 3, 2002 agenda: 1. Executive Summary relating to approval of Industrial Development Authority Bonds for educational facilities. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of December 3, 2002 approving the Bonds. 3. Exhibits consisting of Affida¢it of Publication for the required TEFRA hearing conducted by the Authority and the Inducement Resolution adopted by the Authority at its meeting on November 6. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, vlease contact me. Very//ly yours, Donald A. Pickworth Enclosures EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY THE COLLECTIVE BARGAINING AGREEMENT INCLUDING THE 2002 REOPENER WITH THE PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 OBJECTIVE: For the Board of County Commissioners to approve and ratify the Collective Bargaining Agreement including the 2002 Reopener with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. CONSIDERATIONS: In October 2001, the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, agreed to the terms of a proposed Collective Bargaining Agreement with the County as negotiated by County staff. A copy of the Collective Bargaining Agreement is attached to this Executive Summary as Exhibit I. Staff inadvertently failed to submit the Collective Bargaining Agreement for final approval by the Board at the time it was negotiated. Nevertheless, the bargaining unit, i.e., the firefighters in the dependent Ochopee Fire Control District, has been operating under the terms of the Collective Bargaining Agreement since October 2001. After it was discovered that the Collective Bargaining Agreement had not been formally submitted to the Board, the Ochopee Firefighters, through the President of Local 3670, reaffirmed the Collective Bargaining Agreement as negotiated in October 2001. In addition, staff and the bargaining unit completed negotiations for the 2002 Reopener, which are also reflected in the attached copy of the Agreement. FISCAL IMPACT: No significant fiscal impact will be experienced by the approval and ratification of the Collective Bargaining Agreement as the Ochopee Firefighters have been following its terms and conditions since October 2001. Further, the Collective Bargaining Agreement essentially follows the County's policies and procedures for non-collective bargaining unit employees including provisions for merit and COLA increases for 2002. One change has been made that will have some minor fiscal impact, however. In section 11.2 of the October 2001 Collective Bargaining Agreement, it now provides that firefighters will not be penalized for vacation days in the calculation of overtime. Funding for this Collective Bargaining Agreement comes ','rom the Ochopee Fire Control District Fund (Fund No. 146). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Approval and ratification of the October 2001 Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, is endorsed by the Ochopee Fire Chief and staff. Accordingly, it is recommended that the Board approve and ratify he Collective Bargaining Agreement negotiated with the Professional Firefighters of the Everglades Intern tional Association of Firefighters, Local 3670, in October 2001 and including the 2002 Reopener and authorize the Chairman to execute the Collective Bargaining Agreement. PREP~.~/,~/~.,. /~' DATE: //// ~/~Z Michael W. Pettit. Assistant County Attorney ~~.~: C~'~ DATE: Paul ~¢/ilson, C~ef70chop~ Fire Control District APPROVEt~B_7.aZ.-,>Y' ' ' --~. ~..~..~ '"-~ DATE: '[/ [" O:,', 2002 Ochs, De y"'Coun y ..... I_ COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 Effective October 1, 2001 TABLE OF CONTENTS ARTICIdE 1: PREAMBLE ............................................................................................................. 4 ARTICLE 2: RECOGNITION ........................................................................................................ 5 ARTICLE 3: MANAGEMENT RIGHTS ...................................................................................... 6 ARTICLE 4: STRIKE PROHIBITION AND WORK REQUIREMENTS .................................... 8 ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS ......................................... 9 ARTICLE 6: DUES DEDUCTION .............................................................................................. 10 ARTICLE 7: UNION ACTIVITY ................................................................................................ 13 ARTICLE 8: UNION BUSINESS ................................................................................................ 14 ARTICI~E 9: BUI~LETIN BOARD SPACE ................................................................................. 15 ARTICLE 10: EMPLOYEE STATUS ......................................................................................... 16 ARTICLE 11: WORK PERIOD AND OVERT~WvEE COMPENSATION .................................... 17 ARTICLE 12: SENIORITY .......................................................................................................... 18 ARTICLE 13: PROMOTIGNS ..................................................................................................... 19 ARTICLE 14: ASSIGNMENT DLT, hNG DISABILITY (Restricted Duty) ................................. 20 ARTICLE 15: DISCI?LINE AND DISCHARGE ........................................................................ 21 ARTICLE 16: GRIEVANCE AND ARBITRATION PROCEDURE ......................................... 23 ARTICLE 17: PERSONN iL REDUCTION ................................................................................ 30 ARTICLE 18: OUTSDE ACTIVITIES ....................................................................................... 31 ARTICLE 19: SICK LEAVE ........................................................................................................ 32 /e'. ~ :2 t ,<..,' ~', _ Pg. 2 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, '- TABLE OF CONTENTS (CONT'D) ARTICLE 20: BEREAVEMENT LEAVE ................................................................................... 37 ARTICI.E 21: JURY DUTY AND COURT APPEARANCES ................................................... 38 ARTICLE 22: MILITARY I~EAVE ............................................................................................. 39 ARTICLE 23: pART-TIME EMPLOYEES ............................................................................... 40 ARTICLE 24: HEALTH BENEFITS ............................. 41 ARTICLE 25: LIFE INSURANCE ............................................................................................... 42 ARTICLE 26: PENSION PLAN ................................................................................................ 43 ARTICLE 27: HEALTH AND SAFETY ........................................................................... 44 ,46 ARTICLE 28: SALARIES ............................................................................................................ ARTICLE 29: BASIC RATE OF PAY ........................................................................................ 48 ARTICLE 30: SHIFT EXCHANGE ............................................................................................. 49 ARTICLE 31: POSTLNG OF SCHEDULES ................................................................................. ART"ICl ~E 32: WORKING OUT OF CLASSIFICATION ........................................................... 52 ARTICLE 33: L~'NIFORMS AND EQUIPMENT ........................................................................53 ARTICLE 34: EDUCATIONAL DIFFERENTIAL ..................................................................... 55 ...56 ARTICLE 35: PARKING .......................................................................................................... ARTIC!~E 36: VACATION LEAVE ............................................................................................ 57 ARTICI,E 37: SAVINGS CLAUSE ............................................................................................ 60 ARTICLE 38: ALCOHOl, AND DRUG TESTING .................................................................... 61 ARTICLE 39 (LAST ARTICLE): DURATION ........................................................................... 63 3 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 1 PREAMBLE Section 1.1 This Agreement is entered into by and between Ochopee Fire Control District, a dependent taxing district, whose governing board is the Board of County Commissioners of Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County") and the Professional Firefighters of the Everglades International Association of Fire Fighters, Local 3670, (hereinafter referred to as the "Union"). It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences which may arise under this Agreement and to establish wages, hours, and other conditions of employment. _.5 4 Professional Firefighters of the Everglades, b~ternational Association of Firefighters, Local 3670, ARTICLE 2 RECOGNITION Section 2.1 The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department as certified by the Public Employees Relations Commission, Certification #1138, OR-96-002. The appropriate bargaining unit is comprised as follows: INCLUDED: All employees of the Ochopee Fire Control District occupying the classifications of firefighter and lieutenant. EXCLUDED: All other employees of the Ochopee Fire Control District. 5 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 Except as otherwise provided in this Agreement, the management of the Ochopee Fire Control District and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to remove the operation or any part thereof to any location; to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to assign or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change County policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this A~eement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the services to be provided by the County; to discipline or discharge employees for just cause; to lay off employees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary for the orderly and efficient operation of the District, shall be vested e×clusively in the County. The Employer's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the Employer from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 Them shall be complete recognition of the fight, responsibilities an prerogative of County management under this Agreement. This Agreement shall be so cm,-;trued that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. D.,-,_. 0 2522 6 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 3.3 If, in the sole discretion of the County Administrator, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County Administrator during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 It is understood by the parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other jobs related to public safety functions not specifically contained in their job description. Section 3.5 Delivery of County services in the most efficient, effective and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the scr¥ices performed meet the above standards. Section 3.6 Those inherent managerial functions, prerogatives and policy-making rights which :he Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance ancL/or arbitration procedure contained herein. Section 3.7 In the spirit of continued harmonious relations between the employees and the Employer, the Employer agrees to provide notice to the Union, in writing, of any change in County pol; ,les or rules of general application prior to implementation, which would affect members m the bargaining unit. The Union will have five (5) calendar days to file any objections to the proposed changes with the Employer, which shall consider said objections before making its final decision. This Article does not remove the right of the Union to request impact bargaining on any management decision that is a mandatory subject of bargaining, as long as the Union's request is in writing. Any such request must be made within five (5) calendar days of n( rice- of such.:.. change to the Union, or, if no notice is given, within five (5) calendar days of wh( n t~d.!Uni°n~ :: should have upon the exercise of due diligence become aware of such change. Professional Firefighters of the Everglades, Internationcff Association of Firefighters, Local 3670, ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any concerted work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union occupies also a position of special trust and responsibility in maintaining and bringing about compliance with this Article 'and the str/ke prohibition of Section 447.505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Section 4.2 Any and all employees who engage in a strike or in any violation of the strike prohibition under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to and including discharge, by the County, and any such action by the County shall not be grievable or arbitrable under the provisions of Article 16 - Grievance and Arbitration Procedure, except to determine if the employee engaged in a violation of this Article. There shall be no lockout by management during the term of this Ageement. EF_ O 2 20-32 8 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 5 NON-DISCRIMINATION AND EMPLOYEE RIGHTS Section 5.1 Neither the County nor the Union shall discriminate against any employee covered by this Agreement because of Union membership or non-membership. Section 5.2 Employee fights as provided by local, state and/or federal law are hereby preserved; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color will be resolved in the appropfiate court or administrative agency and not under Article 16, the Grievance and Arbitration Procedure. 9 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 6 DUES DEDUCTION Section 6.1 The County shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the initial setup cost of dues deduction if the Clerk of the Court charges the County for this service in an amount not to exceed Seventy Five ($75) Dollars. Section 6.2 Payroll deduction shall be accomplished on the second pay period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Section 6.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. Section 6.4 The Union a~ees to indemnify the County, and hold it harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County's compliance or efforts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Dues will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. E? ? 23,22 _Il 10 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 6.6 The County's monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7 The County will not deduct or transmit to the Union at any time any monies representing fines, fees, penalties, or special assessments. Section 6.8 The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. Section 6.9 Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. 11 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 6 -- EXHIBIT 1 12 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 7 UNION ACTIVITY Section 7.1 There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of, or membership in, the Union. Nor shall there be any discrimination, interference, restraint, or coercion by the Union or any Union member against any employee because of that employees refusal to join the Union or participate in Union activity. 13 Professional Firefighters of the Everglades, bzter, zational Association of Firefighters, ~cal 3670, ARTICLE 8 UNION BUSINESS Section 8.1 Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off-duty hours unless this is mutually agreed to be impossible. Section 8.2 Union members shall be allowed to hold meetings at Fire Stations after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Department. Bl£ 0 3 2322 14 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 9 BULLETIN BOARD SPACE Section 9.1 The Union may provide a bulletin board at its expense and the Employer restricts its use to notice of Union meetings/activities and meeting minutes. No political notices shall be displayed. Acopy of all notices to be posted will be provided prior to posting to the Fire Chief. 15 Professional Firefighters of the Everglades, btternational Association of Firefighters, Local 3670, ARTICLE 10 EMPLOYEE STATUS Section 10.1 The employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement and in such other cases as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise, the list will be accepted as correct for all purposes. 16 Professional Firefighters of the Everglades, b~te~7~ational Association of Firefighters, Local 3670, ARTICLE 11 WORK PERIOD AND OVERTIME COMPENSATION Section 11.1 Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. B. Twelve (12) hours on duty followed by twelve (12) hours off duty on a rotating schedule. C. If any other shifts are started other than as set forth above, the County will advise the Union and, upon request, negotiate over the new shifts prior to the implementation. Section 11.2 Overtime will be paid in accordance with the Fair labor Standards Act and annual vacation will be counted as time worked for the purposes of determining whether or not overtime is due. Paid time off of any other leave shall not be counted as time worked. Productive time is provided for annual vacation leave as is standard for all County employees. Section ! 1.3 Nothing in this article shall be interpreted as a guarantee of any number of hours of work per day or per week. Section 11.4 Nothing in this Article or in this Agreement shall be ir :rpreted as prohibiting or in any way restricting non-bargaining unit members from per_"orrr,_ing I. trgalning unit work. Section 11.5 The pay period shall begin at Saturday 0830 hours and end 21 days later at Saturday 0830 hours. Time and one-half the employees' regular straight-time rate will be paid for hours actually worked in excess of one hundred fifty nine (159) during the pay period. i i I[t Professioh, al Firefighters of the Everglades, International ~, ~' ¢,~-~.1 '- i Association of Firefighters, Local 3670, ARTICLE 12 SENIORITY Section 12.1 Seniority is defined as continuous service with the Ochopee Fire Control District and is that time actually spent on active payroll. The seniority date shall be an employee's last date of hire in the Ochopee Fire District. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment date shall be assigned to the seniority list by the lowest four digits of their social security number with the lowest number having greatest seniority. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period the employee will be entered on the seniority list as of the original date of hire. Section 12.2 The first six (6) months of employment with Ochopee Fire Control District shall be considered probation. An employee will be off probation and considered a regular full-time employee upon receipt of a "meets expectation or above" evaluation, which is performed after six (6) months of employment. Probation may be extended in three-month increments to achieve certifications required for employment. During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including anv mutually agreed upon extension, the probationary employee is not entitled to utilize the grievance and arbitration procedure under Article 16 of this contract. Section 12.3 Break in Continuous Employment When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon · hnstatement or re- employment, will be considered a new employee for all purposes under chis c ,ntract. 18 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 13 PROMOTIONS Section 13.1 Promotions are offered in an effort to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result of a competitive process for a vacant position. Department employees who meet the minimum requirements established in the position classification and successfully complete the promotional testing process will be given first consideration in filling the vacancy. Upon promotion to a classification with a higher pay grade, the employee shall receive a 10 percent (10%) pay increase or the base salary of the new position, whichever is greater, unless such increase would exceed the control point of the range for the class. Section 13.2 Any time an employee accepts a promotion to any position within the District, that employee shall be on probation for the first six months in the new position. At any time during the six month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. The demoted employee will be provided a written explanation as to why he or she was demoted. 19 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 14 ASSIGNMENT DURING DISABILITY (Restricted Duty) Section 14.1 Any member of the bargaining unit that is unable to work shall receive compensation consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability and, if so, shall be assigned a duty schedule consistent with the physician order and be compensated as if they worked their regular shift schedule regardless of the actual hours worked as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's normal salary. Compensation and fringe benefits will be paid in accordance with the normal ~oss weekly wage of their regular position. The employer may coordinate such payment of compensation with applicable Workers' Compensation Laws, Federal Laws, Disability Insurance, and other sources which contribute to or govern the payment of compensation. In no case shall such an employee receive compensation, which shall exceed their normal compensation nor shall the employer extend such restricted duty assignment, if provided, beyond the date of maximum medical improvement. Temporarily disabled employees both due to disabilities occurring on or off duty, shall return to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The employer reserves the right to seek an independent medical opinion as it deems necessary, with the cost of such independent medical examination to be borne by the Employer. Nothing in this section shall be construed to prevent or limit the employer in determining the type of tempora~ duty assignment or the number of hours per day or week for such assignment consistent with medical limitations. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment of their employee contribution, if any, under the County's group insurance program. t' '5.. -~--~ .......... 2O Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 15 DISCIPLINE AND DISCHARGE Section 15.1 All matters of discipline involving any employee covered by this Agreement shall be governed by the County's Human Resources Practices and Procedures, County Administrator's Agency (CAA) Instruction 5351--Discipline, as amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure (Article 16) contained in this Agreement. BE?-. O 2: "' TM 2.1 Professional Firefighters o f the Everglades, International Association of Firefighters, Local 3670, ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE Section 16.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition. For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the employer and having such ~m-ievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty-four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within five (5) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of grievances, whether or not the employee desires to be represented by the Union. 22 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 16.4 A. Every reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process his/her grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of.remedy and shall be deemed a waiver by said employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. D. If the subject of any grievance filed under this Article is presented directly to a County Commissioner or the Board of Commissioners for discussion or resolution, it shall be considered a waiver of arbitration rights as prescribed in this Article. However, this shall not be construed to prevent any employee from discussing matters of public concern with appropriate public officials. Section 16.5 All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agrcement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance must be submitted and completecl ~n ~li aS.set forth-' in Exhibit 2 of this Agreement. i 7.;. I~, ItL 23 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 16.6 Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance' to the Fire Chief or designee within seven (7) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision 'and communicate in writing to the grievant within seven (7) calendar days from the date the grievance was presented to him/her. Failure of the Fire Chief or designee to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievant does not settle his/her grievance in Step 1, the grievant, within seven (7) calendar days after the response is received at Step 1 of the Grievance Procedure, may present it to the Emergency Services Administrator, or her/his designee. The Administrator or her/his designee shall investigate the alleged grievance as appropriate and may, within ten (10) calendar days of receipt of the written grievance, conduct an informal hearing or meeting between him/herself, the grievant, and others as necessary. The Administrator or her/his designee shall notify the ag~m-ieved employee in writing of the decision not later than ten (10) calendar days following.the conclusion of the investigation and/or hearing of the grievance in Step 2. Failure of the Administrator to timely respond shall be considered a denial of the ~m-ievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been satisfactorilv resolved within the grievance procedures, the grievant may, within seven (7) calendar days after the response is received at Step 2 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written request will be provided to the Administrator. Section 16.7 Upon receipt of the list, an arbitrator shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. 24 Professional Firefighters of the Everglades, Intemiational Association of Firefighters, ~cal 3670, Section 16.8 The following general rules are applicable to this Article: A. The union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. B. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Administrator. C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. D. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except if he is specifically empowered to do so by both parties. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. F. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Section 16.5. G. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. H. The arbitrator shall deduct any unemployment compensation received by the grievant from back wages in a suspension or discharge case. I. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. No back pay will be awarded for time prior to the date of filing of the grievance. J. r nly grievances based on events or occurrences, which occur after the date of the execution of the Agreement can be processed under this Article. 25 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 16.9 There shall be no appeal from the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 16.10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party requesting and/or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. 26 Professional Firefighters of the Everglades, International Association of Firefighters, ~cal 3670, EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE (Last Name) (First Name) (Middle Name) (Class/Rank) submit the following grievance which took place on (Date/Time of Day) at against (Location) (Name) Article(s) and Section(s) of the Labor Agreement alleged to have been violated Statement of Grievance: Date, Details, and Facts upon which ~m-ievance is based: Remedy or Solution requested: (Signature of Employee) (Date) 27 Professional Firefighters of the Everglades, lnter~,ational Association of Firefighters, Local 3670, Step 1) Discussion of Grievance with Fire Chief: Resolved [--] Unresolved [~] Date: Submitted to Step 2 - Date: Step 2) Discussion of Grievance with Emergency Services Administrator Resolved [--] Unresolved ~1 Date: Submitted to Step 3 - Date: Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service: Date: 28 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 17 PERSONNEL REDUCTION Section 17.1 In the event of a reduction in force, the County will consider a number of relevant factors in determining selections for layoff, with the public interest to be of pr/me importance. Factors to be considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; B. Conduct/disciplinary record for the last 3 years; C. Attendance record for thc last 3 years; and D. Seniority within classification. As between two employees in the bargaining unit, if the County in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 17.2 Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid off in the pr/or 6 months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Emergency Services Administrator. Failure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. £?_ -., , 29 Professional Firefighters of the Everglades, Inten~ational Association of Firefighters, Local 3670, ARTICLE 18 OUTSIDE ACTIVITIES Section 18.1 Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a-professional manner. Section ! 8.2 Employees accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest. In such instances, the employee's primary obligation shall continue to be to the County and he/she shall arrange his/her affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chief. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. . 30 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 19 SICK LEAVE Section 19.1 A. Eligibility All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave 1. Regular employees hired after September 30, 1993 whose normal regular workweek is forty (40) hours shall accrue sick leave at the rate of .0462 hours for each normal scheduled hour of work with accrual not to exceed 3.69 hours per biweekly pay period and a total accrual per year of 96 hours. For persons whose normal workweek is more or less than forty (40) hours, the hourly accrual rate is still .0462. Employees whose normal work hours and schedule are not consecutive five (5), eight (8) hour shifts shall receive time and payment under these practices that are proportionate. 2. Regular employees hired on or prior to September 30, 1993 shall accrue at the rate of .0577 hours for each normal scheduled hour of work with accrual not to exceed 4.62 hours per biweekly pay period and a total accrual per year of 120 hours. For persons whose, normal work weeks is more or less than forty (40) hours, the hourly accrual rate is still .0577. Employees whose normal work hours and schedule are not consecutive five (5), eight (8) hour shifts shall receive time and payment under these practices that are proportionate_. 3. Employees may accrue an unlimited number of sick leave hours throughout their County career. 4. Employees hired from Constitutional Officer agencies without a break in condnuo s service, or a break in service of less than 30 days, may transfer their accumulated sick time. The date of hire with the Constitutional Officer Agency shall determine the accrual rate. 5. Temporary or seasonal employees do not receive sick leave accrual nor d their, temP~>rgry~ ~ employment count toward years of service. ~' '~' _l~a .... ~_c..__~ Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, 6. Sick leave shall.be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours, jury duty and military leave. 7. Leave without pay and overtime hours are excluded from sick leave accrual. C. Use of Sick Leave I. The minimum charge for sick leave shall be in thirty (30) minute units. 2. Sick leave may be granted for the following purposes: a. Personal illness or injury. b. Appointments with medical, dental, or other recognized practitioners for consultation or treatment of the employee. c. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for any one incident. (Note: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) d. Disabilities arising out of pregnancy, childbirth, and recovery there from shall be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. D. Notification and Proof of Illness 1. The employee or his/her representative shall be res'~onsible for notifying the Lieutenant before work or within the first hour of the employee's normal workday on each day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the period of time. 2. The Fire Chief or designee is responsible for determining that sick leav'e is properly authorized and used in accordance with these rules. 3. If more than one scheduled shift is missed, a doctor's -'xcuse may be required. - 4. When an employee has had an illness which requires hospitalization or results in absence from work for more than five (5) consecutive days, the employee shall provide a doctor's certificate stating that the employee may return to work to be eligible for sick leave pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. If the leave is due to an accident that happens at work, the Department Director must notify the Human Resources Department and the Risk Management Department immediately. · . . 3;2 i I~ Ic ~._ Professional Firefighters of the Everglades, International " ~ --.. ~. - ~ .~ Association of Firefighters, Local 3670, 6. An employee is generally required to first use all accrued sick leave; then, if approved by the ...... Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination 1. Employees of record on August 2, 1996 shall have their sick leave balances calculated and valued as of the end of the work day of August 2, 1996. 2. The valuation shall be calculated as follows: Total hours sick leave accrued x % allowed upon separation (see chart below*) = Hours to be paid (subject to 1,040 maximum) Hours to be paid x hourly rate = MAXIMUM SICK I~EAVE PAYMENT 3. A record of this calculation shall be noted in each employee's personnel file and a copy of the record shall be given to each employee. 4. Upon separation in "good standing," each employee's total accrued sick leave will be calculated and valued in the same manner again. The employee shall be paid the lesser of the two values upon separation. 5. No employee hired after August 2, 1994 shall receive payment for accrued sick leave upon separation. *Sick Leave Pay Upon Termination - employees hired prior to August 2, 1996. Years of Service ?ercenta~e Paid at Separation At least 2 years but less than 5 years 20% At least 5 years but less than 10 years 25% At least 10 years but less than 15 years 35% At least 15 years but less than 20 years 40% After 20 years 50% 6. The maximum amount of sick leave hours that may be pai -1 to an e ~ployee at termination is 1,040 hours. 7. Regular full and regular part time employees who are laid off from County service shall [~ave the option of receiving payment for sick leave in accordance with this section at the time of layoff or retaining all sick leave hours for a period of six (6) months. 33 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, 8. In the event an employee is separated because of death, sick leave shall be paid in the final paycheck in the manner calculated above. F. Attendance Incentive Plan 1. The Attendance Incentive Plan is designed to reward regular full and regular part time employees with good attendance records, on an annual basis, be permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. 2. For administrative purposes, the attendance record of each employee is reviewed by the Human Resources Department on an annual basis from January 1 to the end of the last pay period of the calendar year. The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (1) full year of employment on December 31. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, 3. The conversion of sick leave shall be in accordance with the following schedule: Sick Leave Used During Year Incentive None used - Perfect Attendance Convert 3 days sick leave to vacation or Convert 3 days sick leave to one day vacation and two day's pay. 1 day or less used (normal workday) Convert 2 days to vacation. 2 days or less used (normal workday) Convert 1 day to annual vacation. More than 2 days used (normal workday) No hours may be converted. 4. Employees .who do not wish to convert unused sick leave may continue the accrued ours in their sick leave account provided the Human Resources Department is advised of this choice in writing. 5. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. G. Leave Bank 1. An employee having used all his/her sick and vacation leave due to absence resulting from a serious illness, accident, or disability may receive sick and/or vacation donated on a voluntary basis by fellow employees in accordance with the following guidelines. 2. An employee must contribute at least eight (8) hours of accrued sick and/or vacation to participate in the leave bank program. Other eligibility criteria include being a Regular Full- time or Part-time employee who has successfully completed their initial six month probationary period, having a current performance evaluation of meets standards or better, and a satisfactory sick leave record. 3. Every six (6) months, the Human Resources Director will review the leave bank balance and determine if sufficient time is available. If not, a notice will be sent to all employees requiring further donations in order to continue their participation in the program. Normally, the donated time will be in four (4) or eight (8) hour blocks.depending upon the prior utilization of the bank. ' ~ Professional Firefighters of the Everglades, International i ~ - .... ! Association of Firefighters, Local 3670, 4. The Department Director, with the approval of the Division Administrator, may request the establishment of- a leave bank account for an employee. This request must be submitted in writing to the Human Resources Director. The Human Resources Director shall present this request to the Employee Advisory Committee shall review the request in accordance with the eligibility criteria above, and recommend approval or denial. 5. Use of leave bank time shall not exceed three (3) calendar months. Exceptions to the above must be recommended by the Employee Advisory Committee and approved by the County Administrator or his Designee. 6. Leave bank donations are authorized by completing a Leave Bank Form signed and dated by the employee. 7. As long as an employee is in pay status, the County will maintain its contribution to the health insurance program for the employee. 8. Employee donations to the leave bank will not impact their eligibility for the Attendance Incentive Program. ~ ' .. - . ~ Professional Firefighters of the Everglades, International I f Association of Firefighters, Local 3670, i r - ARTICLE 20 BEREAVEMENT LEAVE Section 20.1 A. In the event of a death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a separate leave account and is not charged against any other leave account. Bereavement leave shall not exceed three (3) days. For employees whose work week is over forty (40) hours, bereavement leave may be taken as one (1) 24-hour shift or three (3) eight-hour days depending upon the circumstances. B. For purposes of this policy, family is defined as: husband, wife, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, children, foster children, step-parents, step-children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. C. Additional days, if requested, may be granted to an employee and charged against the employee's accrued vacation leave. Sick leave may not be used for bereavement. D. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship of the family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. Professional Firefighters of the Everglades, b~ternational Association of Firefighters, Loca13670, ARTICLE 21 JURY DUTY AND COURT APPEARANCES Section 21.1 It is the practice of the County to provide paid time off for jury duty and court appearances to facilitate our employee's availability to meet civic responsibilities. A. An employee who is called for jury duty on a regularly scheduled work day shall be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for jury duty shall be returned to the County except for meals, travel, and lodging. B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's personal litigation shall be granted time off with pay, and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintiff, or defendant due to personal litigation or criminal charges shall be required to use vacation for any such absence from work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible for reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and/or appears in court as a result of County business shall be ~anted time off with pay, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. E. Employees required to attend Court on their day off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion of a regularly scheduled work day are required to report to their supervisor and return to work after being excused or released by the Court in order to be eligible for jury duty pay. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for the holiday and not jury duty pay. H. Jury duty shall not be counted as time worked in calculating overtime pay. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 22 MILITARY LEAVE Section 22.1 'A. Reserve and National Guard Training A regular full-time employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation of a copy of official orders, be granted leave with pay to the extent required by state statute. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the Division Administrator. B. Recall to Active Military Duty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty will be ~anted a military leave of absence with pay for the first thirty (30) working days. Beyond this thirty (30) day period, the County will supplement the military, pay in an amount necessary to bring the total salary, inclusive of the base -military pay,.to the level earned at the time the employee was called to active duty, for a period of ninety (90) days. The County will continue to maintain the employee in full benefits status for the time frame specified above. C. Induction or Enlistment into Milita~ Service Any regular full-time employee who enlists or is inducted into the armed services for active duty, shall be ~anted a military leave of absence without pay for the initial period of enlistment. All pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. D. Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 23 PART-TIME EMPLOYEES Section 23.1 The County reserves the right to hire and/or utilize part-time and/or temporary employees, or volunteers to perform bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. The County reserves the right to assign employees within the Emergency Services Department to perform bargaining unit work for the reasons stated above. Section 23.2 Temporary and part-time employees shall serve at the will of the County. Temporary and part-time employees shall not be covered by any Article of the contract unless the Article or Section specifically includes temporary or part-time employees. Professional Firefighters of the Everglades, International Association of Firefighters, Loca13670, ARTICLE 24 HEALTH BENEFITS Section 24.1 Employees shall be eligible to participate in the Collier County Group Benefit Plan subject to the terms and conditions of the Plan as adopted by the Board of Commissioners effective January 1, 1997 and as may be amended by the Board of Commissioners from time to time. Employees shall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of Commissioners for non-union employees. The County a~ees that, if there is any change in any benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. ~ ~ -~ _ ..... ~ Professional Firefighters of the Everglades, International i Association of Firefighters, Local 3670, ARTICLE 25 LIFE INSURANCE Section 25.1 The Employer shall provide group term life insurance protection for each Union member in an amount equal to the annual salary of the Union member. The Employer shall pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage. There will be compliance with Florida Statute relative to death benefits. ~' - - 42 ~ ~ f'-~, Professional Firefighters of the Everglades, bzternational '~ Association of Firefighters, Local 3670, ARTICLE 26 PENSION PLAN Section 26.1 During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 26.2 The County will contribute as required by the provisions of the plan. Section 26.3 The County agrees to continue to provide employees an option to participate in the National Association of Counties (NACO) or the International City and County Management Association (ICMA) Deferred Compensation plans as currently offered. If either of both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. Professional Firefighters of the Everglades, b~ternational Association of Firefighters, Local 3670, ARTICLE 27 HEALTH AND SAFETY Section 27.1 The Employer agrees to provide reasonable standards of safety and health in the Fire Department in order to eliminate as much as possible: accidents, deaths, injuries, and illnesses in the fire service. Health and safety is a joint responsibility, therefore, employees must follow all safety standards. Section 27.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives. The Union representatives shall be selected by the Union. The roles and responsibilities of this committee shall be reviewed and approved by the County's Risk Management Director. The Committee shall not have authority to engage in collective bargaining. Section 27.3 The Employer shall furnish and thereafter maintain at no cost to the employee alt respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such as personal alarm devices, and personal flotation devices, necessary to preserve and protect the safety and health of fire fighters. Section 27.4 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this a~eement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from among federal, state, provincial or voluntary cow~ensu standards. The Employer shall provide all employees with training in the safety and heaith pi }blems of the work environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparatus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for all employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. ~ '.{~ . !44 ~ Professional Firefighters of the Everglades, International ~ Association of Firefighters, Local 3670, Section 27.5 Only personnel who have been trained and certified by the manufacturer or applicable Federal Agency shall be permitted to perform maintenance and/or repairs on self-contained breathing apparatus. Section 27.6 The Employer will provide an Employee Assistance Program consistent with the program provided for all other County Emergency Services Personnel. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 28 SALARIES Section 28.1 The Salary schedule set out below shall for a part of, and be subject to all the provisions of this Agreement. Classification Minimum Hourly Rate Maximum Hourly Rate Fi reft gh ter $9.5338 $16.5490 Fire Lieutenant $12.5718 $20.6459 Section 28.2 Performance based merit pay and COLA will be offered to qualifying members of the bargaining unit consistent with the annual pay for performance program and any COLA as may be established by the County Administrator for all County employees. Section 28.3 Qualifying members of the bargaining unit will be entitled to receive pay plan market adjustments based upon the annual wage and salary market survey conducted b,~ the Human Resources Director and approved for implementation by the County Administrator. Section 28.4 In the event that a notice of reopening is filed under Article 39 (Duration) of the contract for the contract years 2002, 2003, or a new contract upon expiration of this Agreement on September 30, 2004; or for a new contract beginning October 2004 and thereafter there will be no increase or decrease in wages, nor will any merit increases be granted until re-o :ner language or a new contract is agreed upon and ratified by the parties. Section 28.5 After the contract has been ratified by both parties, earned merit and COLA raises will be retroactive to October 1. [ ~ Professional Fir,fighters of the Everglades, International i ~ ....- ..... Association of Firefighters, Local 3670, ADDENDUM TO ARTICLE 28 - SALARIES Firefighter: 9.5338/hr. X 106 hrs. biweekly X 26 pays $26,275.15 14.3007X 6 hrs. biweekly X 26 pays $ 2,230.91 Annual Salary $28,506.06 Contract Schedule: 112 hrs. biweekly = 106 @ straight time, 6@ OT 9.5338/hr. X 106 hrs. biweekly = $1,010.58 $1,010.58 X 26 pays = $26,275.15 14.3007/hr. X 6 hrs. @ overtime rate = $85.80 85.80 X 26 pays = $ 2,230.91 Total Annual Salary $28,506.06 Advantages: increase minimum manning to 3/days 56 more days per year Avg. increasc for current firefighters = $3,300/yr. Professional Firefighters of the Everglades, b~ternational Association of Firefighters, Local 3670, ARTICLE 29 BASIC RATE OF PAY Section 29.1 Basic rate of pay equals annual salary divided by 2912 hours. }Professional Firefighters of the Everglades, International ~._ .. - .... ' Association of Firefighters, Local 3670, ARTICLE 3O SHIFT EXCHANGE Section 30.1 The trading of time between employees will be permitted in accordance with the following provisions: a) Employee's can exchange with each other within their rank and classification and are limited to two shift exchanges within a thirty day period. Shift exchanges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. b) All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at the sole discretion of the-Fire Chief or designee.- c) Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. d) Shift exchange pay backs must be scheduled at the same time as an initial shift exchange or otherwise follow the procedures of this Article. e) No employee may be scheduled to be on duty as a result of a shift exchange for more than forty-eight (48) consecutive hours when assigned to the 24/48 schedule. f) Employees will be responsible for all record keeping of proper exchanges as permitted by the Fair Labor Standards Act. g) Shift exchanges for employees reporting late for work will not be permitted. h) An employee that enters into a shift exchange that causes the employee to leave work early in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. i) Exchange request shall be submitted to the Department five calendar days in advance of the requested initial exchange. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be fully approved and signed by all the following in order, and placed on the roster pr/or to the substitution taking place. Exchange requests shall be submitted on the Department form 5 calendar days in advance of the requested exchange. STEPS FOR SIGNATURES AND APPROVAL: 1. The employee wishing the shift exchange. 2. The employee agreeing to the exchange. 3. The shift supervisor (currently the Lieutenant) for employee initiating shift exchange. 4. The shift supervisor (currently the Lieutenant) for employee agreeing to pay back shift exchange. 5. Last supervisor places shift exchange on roster. Section 30.2 An employee scheduled to work a shift exchange is not eligible for any type of paid leave. Section 30.3 In the event an employee scheduled to work for another does not report, the employee normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will have his/her sick leave charged. Section 30.4 The Employer will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. Employees owed shift exchanges must get exchanges paid back prior to the p, romotion of either employee involved in the shift exchange or forfeit the return exchange. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 31 POSTING OF SCHEDULES Section 31.1 Employees will be scheduled by management on an as-needed basis and will be advised of their schedule via a posted annual schedule and may be subject to change. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 32 WORKING OUT OF CLASSIFICATION Section 32.1 An employee who is requested to perform work in a higher classification within the bargaining unit on a temporary basis of less than thirty consecutive calendar days shall do so with no increase in pay. Should the temporary assignment be expected to exceed thirty consecutive calendar days, the employee shall immediately receive up to 10% above his/her regular rate of pay or the base salary of the acting position for all hours worked in the higher classification. Upon completion of the temporary assignment, the employee's pay will return to the former rate. 52 Professional Firefighters of the Everglades, bzternational Association of Firefighters, Local 3670, ARTICLE 33 UNIFORMS AND EQUIPMENT Section 33.1 The County will furnish all new full-time and part-time employees in job classifications Firefighter and Lieutenants as set forth below: Three (3) Uniform pants Three (3) Uniform Shirts One (1) Badge One (1) Name Tag One (1) Bunker Gear Section 33.2 The employees in the above classifications will be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniform replacements, thc old uniforms and jump suit must be turned in. Section 33.3 Other equipment listed in Section 33.1 shall be replaced on an as-needed basis. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Equipment damaged due to negligence or loss shall be replaced at the employee' s expense. Section 33.4 Employees shall be permitted to purchase, at employee cost, additional uniforms as outlined in this Article of the type and style and from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. ~ I ~ ' P;.rofessional Firefighters of the Everglades, International t [~-'2 - '~ 2~2 i Association of Firefighters, Local 3670, Section 33.5 Employees are required to wear these uniforms and report to work .in a clean and neat appearance. The employee will be required to wear a white crew neck t-shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with a watch that contains a second counter and pens as required for paperwork. In extremely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and sweat shirt tops (dark blue) worn either under their uniform shirt as needed. Employees agree to supply the equipment listed in this Section at their own expense. Section 33.6 No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch and/or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be appropriate to the tasks, which are normal and customary for the employee's duties. The employer shall reimburse the employee for the loss of or damage to such perrmtted jewelry., which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. In no case, however, shall the cost to repair or replace such permitted jewelry exceed $150 for a watch. Section 33.7 Employees will maintain their hair in a clean and groomed condition. Female employees who choose to have long hair shall keep it pulled back so as to prevent it from falling into an employee's face/eyes or touching their collar. Male hair must be cut above shirt collar; sideburns are permitted not to exceed middle of ear length. Employees will be clean shaven on duty. A mustache that does not come between the sealing surface of the face piece and the face is permissible. Section 33.8 When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms will be cleaned and pressed prior to receipt of the final County paycheck. ~ [ _., _ ~ t. - ~ , Professional Firefighters of the Everglades, International ; Association of Firefighters, Local 3670, ARTICLE 34 EDUCATIONAL DIFFERENTIAL Section 34.1 The Employer will satisfy the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. Professional Firefighters of the Everglades, b, temzational Association of Firefighters, Local 3670, ARTICLE 35 PARKING Section 35.1 The Employer will continue the current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property regardless of whether or not an employee is on or off duty. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ARTICLE 36 VACATION LEAVE Section 36.1 Eligibility All regular full-time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the beginning of the pay period for the time taken. Vacation is accrued from the date of hire and is retroactive to the hire date upon successful completion of the probationary period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. Section 36.2 Accrual of Vacation Leave 1. Vacation leave for regular full-time and regular part-time shall be accrued from the date of hire for each normally scheduled hour of work, based upon the following hourly rates: YEARS OF HOURLY BIWEEKLY ANqNUAL NUMBER OF EMPLOYMENT ACCRUAL ACCRUAL AMOUNT DAYS 1s'r - 4'm year .0385 4.312 hours 112 hours 4.67 5th year - end of .0577 6.4624 hours 168 hours 7 the l0th year Beginning of 11th .0769 8.6128 hours 224 hours 9.33 year - end of 20th year Beginning of 21st .0962 10.7744 hours 280 hours 11.67 57 Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Biweekly Annual Hourly accrual .0385 X 112 4.312 hours biweekly x'26 pay periods = 4.312 hours biweekly = 112 hours annually Hourly accrual .0577 x 112 6.4624 hours biweekly x 26 pay periods = 6.4624 hours biweekly = 168 hours annually Hourly accrual .0769 x 112 8.6128 hours biweekly x 26 pay periods = 8.6128 hours biweekly = 224 hours annually Hourly accrual .0962 x 112 10.7744 hours biweekly x 26 pay periods =10.7744 hours biweekly = 280 hours annually 1. For regular part-time employees whose normal workweek is twenty (20) hours' or more, the hourly accrual rate is the same as for 40 hours per week employees. For examPle, a regular, part-time employee who is regularly scheduled to work twenty or more hours per week would earn five (5) days vacation per year the first year of employment. 3. For employees whose normal workweek is over forty (40) hours, the hourly accrual rate is the same as a forty (40) hour employee. Employees whose normal work hours and schedule are not consecutive five (5), eight (8) hour shifts shall receive time and payment under these practices that are proportionate. 4. Vacation shall be accrued on regular hours worked, earned vacation taken, earned sick hours taken, jury duty and military leave. All other leave, whether with or without pay, and the hours worked in excess of the normal work period, whether paid at straight time or overtime, are excluded from hours worked when determining vacation accrual. 5. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may not transfer their accumulated vacation time. However, continuous service with these agencies shall count for vacation accrual rate and Length of Service Award. This provision shall apply only to employee hired after September 30, 1992 by the County Manager's Agency. 6. Temporary or seasonal employees do not receive vacation accrt, I nor does their temporary employment count towards years of service. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 36.3 Maximum Vacation Accrual Hours Vacation may be accrued to a maximum of six weeks 320 hours for 40 hour employees / 480 hours for 56 hour employees. Leave in excess of 320 hours (for 40 hour employees) will be automatically converted to sick leave. Leave in excess of 480 hours (for 56 hour employees) will be automatically converted to sick leave. Vacation may be extended beyond 320/480 hours to 440/616 hours when determined to be in the best interest of the County and with the prior written approval of the County Administrator. Approval to extend beyond the 320/480-hour cap will be granted when: a) The County must have the service of that employee for a period of time that would preclude the use of vacation and cause the employee's accrued leave to exceed 320 hours. b) The employee is in "good standing" and was rated "meets standards" or better on their most recent performance appraisal. c) The employee agrees in writing to take annually at least 80/112 hours of vacation during any year in which the employee's vacation exceeds 320/480 hours. Failure to do so will cause automatic conversion to sick leave. Section 36.4 Use of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With the supervisor's approval, accrued vacation leave, will, if available, be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 36.5 Illness Durin~ Vacation An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the supervisor may require a medical certificate documenting the illness. Section 36.6 Scheduling Use of Vacation Employees shall select vacation dates for annual leave before December 15 for the following calendar year. Vacation leave shall be awarded on a seniority basis. The County reserves the right to refuse the requested dates and to assign vacations based on staffing requirements, anticipated workload, and current status of operations and vacation opportunities for all bargaining unit employees. Any requests after December 15 will be granted on a first request/first granted basis. A more senior employee requesting vacation after December 15, may not bump a less senior employee who has been selected for vacation. 'Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, Section 36.7. Vacation Pay in Advance Vacation leave must be taken in minimums of twelve-hour increments for twenty-four hour shift employees and twelve-hour increments for twelve-hour shift employees. Section 36.8 Vacation Cap Employees may accumulate vacation leave up to 320/480 hours. Each employee should carefully monitor his/her accrued hours and promptly notify the Fire Chief if they begin to approach this limit. Section 36.9 Vacation pay Upon Termination Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall be entitled to be paid for any unused vacation balance earned. i 'It, 60 · Professional Firefighters of the Everglades, b~ternational i. ~ .... - ....... Association of Firefighters, Local 3670, ARTICLE 37 SAVINGS CLAUSE Section 37.1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provision. Section 37.2 Unless directly in conflict with a Section of this Agreement, the County's Human Resources Policies and Procedures, as amended from time to time, shall apply to employees covered by this Agreement. In the event of a direct conflict, this A~eement shall govern. ~' Professional Firefighters of the Everglades, International .... . ...... Association of Firefighters, Local 3670, ARTICLE 38 ALCOHOL AND DRUG TESTING Section 38.1 Both the County and the Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The County and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing program is hereby initiated. Section 38.2 In the event a member of management has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry accepted testing procedures. Section 38..3 In the event an appropriate management official as defined in Section 38.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 38.4 In order to promote safety, health and security concerns, the Fire Chief and/or designee may search lockers, vehicles and other County-owned or supplied area. The Fire Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee owned vehicles, hand bags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. ! ; Professional Firefighters of the Everglades, International ~-' ~ ' Association of Firefighters, Local 3670, Section 38.5 All employees who must use a prescription drug that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform their supervisor of the possible side effects of the drug on performance and expected duration of use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. Section 38.6 The cost of drug and alcohol screening tests required by the County will be paid for by the County. Section 38.7 The County retains the right to discipline up to and including discharge any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the fight of the County to impose discipline, up to and including termination, for violating this Article. Section 38.8 Any employee who is convicted, pleads guilty or no lo contendre (no contest) to any criminal drug statute violation, whether on or off duty, must notify the Director of Human Resources no later than five (5) days after such conviction. Failure to do so will be cause for appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary action, if any, is to be taken. Section 38.9 If the County decides to institute random drug testing in the Distr/ct after the execution of this contract, it will negotiate the impact of this decision with the Union pr/or to implementation. Professional Firefighters of the Everglades, b~ternational Association of Firefighters, Local 3670, ARTICLE 39 (LAST ARTICLE) DURATION Section 39.1 This Agreement will be in full force and effect as of the effective date of ratification of this Agreement by the parties and shall remain in full force and effect until midnight the 30th day of September, 2004. Section 39.2 The parties will reopen the Agreement beginning in July, 2002 and again in July, 2003 for the express purpose of jointly renegotiating wages. Further, each party may also reopen two (2) additional Articles during each of the reopening periods. Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, FOR COLLIER COUNTY: JA1VIES ¥. MUDD /i CO1 .l JER COUNTY I~GER ~J .--~'-'~x ,~ FOR THE UNION: kzz_: ..... ~-- ~.. :z-'?.x'.4.,'.~>, .'"', THOMAS MITCHELL, PRESIDENT Type or Print Name: Type or Pr/~t Name: DATE: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. ....... 65 Collier County Board of County Commissioners and Professional Firefighters of the Everglades, International Association of Firefighters, Local 3670, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK OF COIJ I'E~R COUNTY, FLORIDA BY: Deputy Clerk James N. Coletta, Chairman Approved as to legal form and sufficiency: 66 Professional Firefighters of the Everglades, lnter7~ational Association of Firefighters, Local 3670, IAFF Local 3670 P O. B~x 501 ~-ver.~iades. Florida 34139 Date: 10/30/2002 From: President and Members of Local 3670 Subject: Approval of Annual Bargaining Agreement To: Human Resource Department Local 3670 has met and reviewed all materials in 2002/2003 Bargaining Agreement. It is our privilege to report all negotiations and revisions have been completed in a courteous and professional manner. We are aware of your problems with EMS and hope all future meeting and bargaining can be completed as this years negotiations have. The names and signatures below represent our agreement with changes that have updated 40 hr vs. 56 employees and the new salaries that are going to be implemented. 1. Caleb Morris ~ 2. Robert R. Mayberry 3. Jerry Hooks 4. Robert D.Mayberry 5. Josh Grimm 6. Danny Morris 7. Robert Campbell 8. Thomas Mitchell Please call me at 695-2437 if any additional information is needed. We are looking forward to working with your department an assure you every effort will be made to settle our diff~es informality and respecting the need,; of the Ochopee Fire Control District. Sincerely Union President Thomas Mitchell i -- t EXECUTIVE SUMMARY VA-2002-AR-2617 MARIO VALLE, OF CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., REPRESENTING LLOYD E. WYNN, REQUESTING AFTER-THE-FACT VARIANCES IN THE ESTATES (E) ZONING DISTRICT FROM THE REQUIRED: 1) 30- FOOT SIDE YARD SETBACK (LDC SECTION 2.2.3.4.3.1.), TO ALLOW A 14.4 FEET SIDE YARD SETBACK (A VARIANCE OF 15.6 FEET); AND 2) 75-FOOT FRONT YARD SETBACK (LDC SECTION 2.2.3.4.3.2.), TO ALLOW A 70.1 FOOT FRONT YARD SETBACK (A VARIANCE OF 4.9 FEET), FOR PROPERTY LOCATED AT 2231 14Tu AVENUE NE, FURTHER DESCRIBED AS GOLDEN GATE ESTATES UNIT 16, TRACT 99, LOT E-150, AS RECORDED IN PLAT BOOK 7, PAGES 3-4, COLLIER COUNTY RECORDS, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 27 EAST. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The petitioner is requesting two after-the-fact variances. The first variance is from the required 30- foot side setback (west boundary), to allow a 14.4-foot side setback, and the second variance from the 75-foot front yard setback to allow a 70.1-foot front yard setback, for a single-family home. The subject property is a conforming lot, 150 feet wide; however, the east 75 feet of the lot is occupied by a drainage easement. The applicant states that he mistakenly believed the lot to be legally non-conforming, because only half the lot was available for development. He therefore, applied the side setback for a legal non-conforming lot of 10 percent of the lot width, which, in this case, is 15 feet. This particular lot is long and narrow, and if it were non-conforming, the reduced setback would grant the relief that is sought. In this case, a drainage easement occupies the eastern 75 feet of the subject property. Because the structure cannot be built in the easement, the buildable area of the site is redueed t a 75-foot lot width. If the 30-foot wide side setback requirement along the west side is met, the p. titioner's buildable area is restricted. In this instance, there is a land-related hardship to justify the side setback variance request. The front setback reduction is being sought because the concrete slab for the single-faznily home was poured in the wrong location. The slab was poured 70.8 feet from the lot frontage instead of the required 75.0 feet. The petitioner has explained the discrepancy as a "transposition error with the number "8." The plot plan showed the slab was to be located 78.0 feet from the lot frontage, but was erroneous poured at 70.8 feet. AGENDA ITEM [~ DEC 0 3 2002 Petition VA-2002-AR-26171 Lloyd E. Wynn; Executive Summary Page 1 of 4 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,.' There are no 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. 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: This petition was heard at the November 7, 2002 CCPC meeting. Mr. Strain motioned to forward petition VA-2002-AR-2617 with a recommendation of APPROVAL WITH CONDITIONS; Mr. Adelstein seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that the existing easement presents a land-related hardship upon the petitioner. This hardship is not the result of actions of the petitioner, and approval of the variance to provide relief from the hardship will be in harmony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. No letters either in support of or oppc ~ition to this petition have been received. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommended that the CCP(; forward Petition VA-2002-AR-2431 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the AGENOA ITEM resolution): ~ 1~ ~'.-~ DEE; 0 3 2002 Petition VA-2002-AR-26171 Lloyd E. Wynn; Executive Summary Page 2 of 4 .... 1. The variance granted is limited to the after-the-fact side and front yard encroachments for the house, located at 2231 14th Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. DEC 0 3 2002 I~g... ~ Petition VA-2002-AR-26'171 Lloyd E. Wynn: Exocutive Summary Pa[lo 3 of 4 PREPARED BY: SELEM, AICP DATE PRINCIPAL PLANNER REVIEWED BY: SUSAN MURRAY, AICP DATE CURRENT PLANNING MANAGER ~" MARGAi~ IF WUERSTLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: JOSEPH K. SCHMITT DA'TE cVMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Executive summary/VA-2001-AR-2617 DEC 0 3 2002 Petition VA-2002-AR-26171 Lloyd E. Wynn; Executive Summary Page 4 of 4 Pg. ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: October 24, 2002 SUBJECT: PETITION VA-2002-AR-2617 AGENT/APPLICANT: APPLICANT: Lloyd E. Wyrm 5966 Cope Lane Naples, FL 34112 AGENT: Marlo Valle, Vice-President Creative Homes of SW FL, Inc. 12355 Collier Blvd., Suite F Naples, FL 34116 REQUESTED ACTION: The petitioner is requesting two after-the-fact variances. The first variance is from the requffed 30-foot side setback (west boundary), to allow a 14.4-foot side setback, and the second variance from the 75-foot front yard setback to allow a 70.1-foot front yard setback, for an existing single family home. GEOGRAPHIC LOCATION: The subject property is located at 2231 14th Avenue NE, further described as Golden Gate Estates, Unit 16, Tract 99, Lot E-150, as recorded in Plat Book 7, Pages 3-4, of the public records of Collier County, Florida in Section 36, Township 48 South, Range 27 East. PURPOSE/DESCRIPTION OF REQUEST: ~c, oo~ ~r.~ The LDC addresses minimum yard requirements within the Estates zoning listrt~-~ Section 2.2.3.4.3., stating: DEC [~ 3 ZOO2 Pelitiort VA.2002..AR-2617 CCPC Date: Hovember 7. 2002 Page 1 o~ 6 ~ 1. Front yard. 75 feet, except in the case of conforming comer lots, in which case only one full depth setback shall be required, along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. The subject property is a conforming lot, 150 feet wide; however, the east 75 feet of the lot is occupied by a drainage easement. The applicant states that he mistakenly believed the lot to be legally non-conforming, because only half the lot was available for development. He therefore, applied the side setback for a legal non-conforming lot of 10 percent of the lot width, which, in this case, is 15 feet. This particular lot is quite long and narrow, and if it were non-conforming, the reduced setback would grant the relief that is sought. In this case, a drainage easement occupies the eastern 75 feet of the subject property. Because the structure cannot be built in the easement, the buildable area of the site is reduced to a 75-foot lot width. If the 30-foot wide side setback requirement along the west side is met, the petitioner's buildable area is restricted. In this instance, there truly is a land-related hardship to justify the side setback variance request. The front setback reduction is being sought because the concrete slab for the single-family home was poured in the wrong location. The slab was poured 70.8 feet from the lot frontage instead of , ' ' with the required 75.0 feet. The petitioner has explained the discrepancy as a transposition error the number "8." The plot plan showed the slab was to be located 78.0 feet from the lot frontage but was erroneous poured at 70.8 feet. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. The Golden Gate Area Master Plan and the Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance for a single-'Pam/ty home, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the Furore Land Use Map. Staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variaac~ ~equest is not specifically addressed. LAND USE AND ZONING {See Attachment B)i.' Subject: single family residential structure, zoned Estates Surrounding: North - vacant tract, zoned Estates East - drainage canal, zoned Estates South - vacant tract, zoned Estates West - single family residential structure, zoned Estates DEC 0 3 20U2 ~ VA.2002-AR-2617 CCPC Date: November 7, 2002 Pa~ 2 ot[ 6 " ' Yes. The slab for the home was placed in the wrong place due to a transposition error in ---. the setback requirement. As previously stated, the plot plan showed the slab was to be located 78.0 feet from the lot frontage, but was erroneous poured at 70.8 feet (note the transposition in the number "8"). c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance is not approved, the applicant would be forced to remove a portion of the existing house, which does not appear to be an economically feasible alternative, and would therefore, "create practical difficulties for the applicant." d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is believed to be the minimum variance to allow the existing structure to remain. 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, no similar variances have been granted in this neighborhood. £ 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? Yes. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. g. 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 75-foot wide drainage easement creates a physically induced condition wh;ch mitigates the requested reduction of the side yard requirement. h. 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. m co The Environmental Advisory Council does not normally hear variance petitions. DEC O 3 211112 ~ VA.2002-AR*-2617 OCPC I:~t,: Nov~n~r 7. 20o2 page ¢o[ 6 Pg. 5 - PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are special conditions and circumstances that warrant approval of this variance. Staff offers that approval is the appropriate action, if the conditions recommended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2431 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): 1. The variance granted is limited to the alter-the-fact side and front yard encroachments for the existing house, located at 2231 14th Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. The first condition identifies the site plan to pictorially clarify the limits of the variance approval. The second condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. As of the date this staff report was prepared (October 24, 2002) no letters, either in support of, or in opposition to, this petition have been received. DEC 0 3 Pe~onVA-2002-AR-2617 CCPCDate: NovemberT, 2002 Page5 of 6 pREPARED BY: ~kV bI~SEI~EM, AICP DATE pR~C~AL PLA~ER ~E~D BY: yId- ~-oo~- DATE CURRENT PLANNING MANAGER APPROVED BY: ~6SEPH K. SdHMITT, ADMINIS'fRATOR ( /OMMUNiTY DEVELOPMENT & ENVmONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the November 7, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the December 3, 2002 Board of County Commissioners Meeting AGF..NOA fr-r_k~ DEC 0 3 2002 P~it~ VA.~2-AR-2~17 CC;PC Date: ~ 7, 2002 P~ 6 of 6 Pg._ ~ ~ VARIANCE PETITION (VARIANCE FROM SETBA~ (S) REQUIRED FOP. A PARTICULAR ZONING DISTRICT) VA-2002-AR-2617 Petition No. Date Petition Received: PROJECT #2002040030 DATE: 5/31/02 KAY DESELEM Commission District: Plannm' Assigned: ABOVE TO BE COM~LETF_~D BY STAFF GENERAL INFORMATION: Petitioner's Name: Lloyd E. Wynn Petitioner's Address: 5966 Cope Lane Naples, FL 3411 ~ Telephone: .... Agent's Name: Mari° Valle, Vice-President~ Creative Homes of SW FL, I Agent'sAddress: 1~5~ collier Blvd. Suite F Nap~es~ FL 34116 Telephone: (239)455-7754 DEC 0 3 ~002 AppUc~tion for Variance Petition - ~ Page 1 of 8 ~ COLLIER COUNTY COM]~JI~ITY DEVELOPMENT PLANNING · SERVICES/CURRENT PLANNING · 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 " PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address 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 ofCivicAssociafion: Goldan Gate Estates Area Civic Association c/o Karen Acquaro 455-8318 Mailing Address 441 24th Ave. NE City Naples State FL Zip 34120 PROPERTY DESCRIPTION: Legal D~s~ipfion of Subject Property: Subdivision: Golden Gate Est. Unit 16 Lot(s)E150 Block(s)Track 99 S~Ydon a6 Twp. · a~ Pum~e 27 Property I/). # 37397200007 Metes&BoundsD~cription: East 150ft. of Track 99 of Uni[ Golden Gate Estates. DEC Application for Variance Petition - 8/98 Pm 2 Ofpg..,8 Address of Subject Property: 2231 14th Ave. NE Naples, FL 34120 (If different from Petitioner's addrcgs) Current Zoning and Land use of Subject Parcel: Sing1. Family Residenc~ Adjacent Zoning & Land Use: ZONING LAND USE N SFR Sinole Family Residence S SFR Sinqle Family Residence W SFR Single Family Residence ~ SFR Single Family Resi~n¢~ Minimum Yard Requirements for Subject Property: Front: 75 Comer Lot: Yes F-'] No O Side: aa Waterfront Lot: Yes [~] No [--] Rea~. 7 5 -' DEC 0 3 2002 Application for variance Petition - 8/98 Page 3 of 8 Please no~e that staff'and thc Collier County p!s-,~ing Commission shall be guided in their recorrrmendation to thc · -,Board of zoning AppeaLs, and that the Board of zoning appeals shall bc guided in its determi-stion to approve or · deny a variance petition by thc below listed criteria (I-8). (Please address this criteria using additional pages if necessary.) 1. Arc therc speci~ conditions and circ~rr~stances cxisting which arc peculiar to thc location, size and characteristics of thc land, slrUcture, or building involved. Please see attached narrative. 2. Are there special conditions and cir~mstances which do not result from the action of thc applicant such as pre-ex/sting conditions r~htivc to the property which i~ the subject of the variance reclue.st Pl~_ase see attached narrative. 3. Will a literal interpretation of the provisions of this zoning code work ,,,~-ecessary and undue hardship on the applicant or creatc practical di/~culties on the applicant. Please see attached narrative, 4. Will the variance, if granied, be the minimum variance that will make poss~le the reasonable use of the land, buildin~ or structure and which promote standards of hcalth, safety or welfare. please See attached narrative. 0 3 2O02 Application for Variance Petition - 8/98 Page 5 ' 5. W/Il grant/ag thc variance requested confer on thc petitioner any spec/al privilege that/s denied by · ,, these zoning regulations to other bads, buildings, or structures in the same zoning cl~ct. Please see attached narrative. 6. Will granting the variance be in harmony w/th the intent and purpose of this zoning c. ode, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Please see attached narrative. 7. Are there natural cond/tions or physically induced conditions that ameliorate the goals and objectives of the regular/on such as natural preserves, lakes, golf course, etc. Please see attache5 narrative, 8. Will grantinl the varian~ be c. oas/s, nt with the growth management plan. Please see attached narrativ~, DEC 0 3 Appl/caflon for Variance Petition - 8/98 l~ge 6 ol VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o r COPIES REQUIRED Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 ensured in feet) ~ 5. Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures Oabeled as 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. Pre-Application fee, Applicaton fee and Data Ct '- fee, checks shah be made payable to Collier County Board of Commissioners 8. Other Requirements - ~- As the authorized asent/applicant for this petition, I rtte~t that ali of the information indicated on this checkli~ is included in tl~ subm/tial pack?ge. I unckrstaud tha~ ~ailure to/nclud¢ all nece~_~e-sxy submit~l/nformafion may z~..~t/n the d~hy of Frocess/n8 of th/s petition. Application for V .re'lance Petition - 8/98 · We are requesting a variance of 4 feet 2 inches for thc front setback and a variance of 15 feet for the western side - boundary, as deemed by county raft. We feel it should be 15 feet based on the definitions listed below. Vi/hen we analyzed the lot that was selected for Mr. Lloyd Wynn we believed the lot to be a non-conformlm, lot due to the fact that half of thc lot contained the caha! easement. We submitted the permit with the west side setb~ being 15 feet (bemuse we believe the lot to be non-conforming) and the front setback to 125 feet. On the plot plan that was submitted to the county we placed the language fi'om the land development code that st~ the description for a non-conforrnin~ lot. 2.2.3.4.3 lVfinimlllll yal'd reqllirelIleats. 2. Side yard. 30 feet, expect for legal nonconforming lots of record, which am Non-conforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, fl~t ex__~2ed_ a maxim,,m ~ of 30 feet. We believe that the lot width is inadequate because of the definition of lot width in the Land Dev~lopment Code Width ora lot shall be considered to be the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as a straight lines between the foremost points of the side lot lines in front (where they intersect the meet line) and the rearmost points of the side lot lines in the rear, provided however, that the width between the side lines at their foremost points in the front .~hall not be less than 80 perceni of the required lot wictth,' except in the case of lots on the turning circle of a cul-de-sac when the 80 percent requirement .shall not apply. The minimum lot width of a cul-de-sac .~hall be figured by drawing a straight line at the chcml, then drawing a straight line parallel to it at the required setback line for that particular zoning district. That new establi.qhed line .qhall meet the minimum lot width of that district. Since the east side lot line of our lot is over water, the foremost point of where the east side of the lot intersects the street is 75 feet. Therefore, we believe the lot width should be calculated at 75 feet and not 150 feet. After going on site and beginning the excavation process, we saw tha~ the lot was completely covered in the rock spoil from the origillal excavation of{he c~nal bank: Al this point we decided to ti,se It closer seibac, k alld use 78 Wheal we received the survey, we found out that the slab had been poured at 70.8 feet, llot 78 ft. It was at thi.q time th~ it was pointed out to us that the lot was not a non-conforming lot aha that is why we are hem today. As the l~rllng homebuilder for the entry-l~el buyer in Collier Coumy, we build homes that am economically seasifi~, yet aesthetically pleasing. The home the cnstom_~' contracted us to build is 50 ft wide :,nd therffore w~ are ............. 5 feet short ofbeing able.to meet-the 30-foot-side setback. One ameliorating factor is that half of the lot is set aside for the aanal easement We am requesting a variance from the 30-foot side setback requirement for a 150-11 wide lot to the use of a non-conforming lot side setback of 10% of the lot width 'ecause of the above noted definitions as well as the resUictive nature of having half of the lot as a calm easeme ~. ALso, the nature of ~ ~h.qt side setback would not be out of character with the other lots in the Golden Cate Estates. As you are fully aware, there are re,ny 75-tt wide lots in the Golden Gate Estates and those side setbacks are 7.5 feet. Ctnrenfly, there is only one exis~g neighbor whose bouse'is located on a 180-foot wide lot gna whose home appears to be over 40 feet away from the adjolnin.,~ ~ line. We feel that the approval of thi.~ zonin_,~ reqll~St will llOt be injlll'iolls to the neighlx~ood, or otherwise detrimental to the public We feel that due to the location of the lot, at the end of the street with no other possible homes adjoining the lot it would not be out of character with the other lots in the Golden Gate Estates. We can understand and appreciate your concerns regarding the front setback,. ~, w~ are seeking ~ 4 mjority of rock spoils fi'om the ori~nal excavation of the c~na! when the Golden Gate ~ was co~ figured and 1.La out. Also, the septic and well in adctitiou to the slab are alrendy thex~,. DEC 0 '~ literal interpretation of the provisions of this zoning code would create an undue harrl.~hip to the landowner bemuse the lot would be more restrictive than even a 75-foot wide loL As you may be aware, there are rn~ny 75 feet wide lots in the Golden Gate F, states. The ar~a to build a home is 60 feet of usable space, and ff the literal interpretation of the zoning code would be ns~d in this case, there would oRly be 45 feet. That 15-foot difference places a limitation on what type of home can be,built on this lot, and we believe the provision was never intended to be that re,~trictJve. All th~ we are ~sicing for is to be able to place a SO-foot wide home on a 150-foot wide lot. Also, this is a home for a gentleman who is at the end of his career and needs a reasonably priced home which there are very few homebuilders constructing homes in this price range. To unreasonably apply this st~nd~rd to this lot would elimim~ other poss~"uiliQes. By approving this variance there would not be any special privileges being conferred upon the owner because all we ar~ asking for is to allow what is already common ~nd cu~msry for the area, and would be in complete harmony We feel that the physical characteristics of the lot, the fact th~ h~ff of the lot is in the c~rm! easement, and the fact the lot is mostly comprised of rock spoil f~om when the c~r~! bank was dug up, m-e the most ameliorating factors that recluire ns to seek thi~ variance. We feel the gra~in~ of this variance is consistent with the growth m~n~ement plan because of the factors outlined above. Granting the variance will be consistent with the growth rr~gement plan because we are not reque~n~ a variance that is out of character with many other lots in the Golden ~ate Estales. DEC 0 3 2002 CREAT]:VE HO/~E$ OF 5W FLOP.]:DA 12355 COLLIER BLDV. SUITE F, NAPLES, FL. 34116 ' .- (941) 455-7754 FAX (941) 455-7515 I .... , sob NO.: 1179 c~rr: WYNN I~ ~E~SS: 2231 14th AVE. NE. ~q~/: NAPLES COUNTY: COLLTER I " ST~P NUMBLY: 32397200007 [ \ I TANK 5~: gO0 6AL. II I ~HT HAND '/' VA-2002-AR-2617 · ~ PROJECT #2002040030 · DATE: 5/31/02 .... ' ~ KAY DESELEM LAND USE PRE-APPLICATION MEETING NOTES Date:_/~[//[O~- Time: II ~ ..~.Firm:_O._l)L?'ax'T~ '~~-~ Project Name: VAI2.t~,/,JC--~' ~ ~.,~--~1 lq~tj~ ~J~c_. N~---- Project Addr/LocafionL Applicant:_ 1~~'t''° ~/~' ~ Tel 4 ~-----~-J-/~ Fax vt"_ Zoning:_ - Staff Attendees: ~L~.~. ~ IS dj'' Meeting Notes ~ [ I~~ ......... ............. ~ ~ ~ ~ovO. DEC 0 3 2002 Agent/Owner Signature Date: PRE-APPLICATION MEETING SIGN IN SHEET Project Nme Date o[Mee~ Name Dlvision/DePt Regarding Phone Number · ' ADDRE~$IN(Y CHECKLIST _ -- Please complete the following ~d submit to the Addressing Section for Keview. Not all items will app? to old type are re4uirexl-;. . ~ property or properties (copy of lengthy description may be attached) 1. Legal description of subject 0~,~v [ ~C- ~, ~O ----- (s) of above (attach to, or associate with, legal description if more'than one) _ ~ location ofprojectJsit¢ in relaUo to nearest public road right-of-way (attach) ,~. Location map, ~- 5. Copy of survey (NEEDED ONLY FOR UNPLAITED PROPERTIES) 6. Proposed project name (if applicable) ------ ~ (ifat~pl ) 7. P~oposed Street nameS icable ',- ------- 8. ~ite Developrnent~lan Number (FOR EXIST _I~.G PRoJECTS/SITES ONLY) s?P _ plete' a s p te ^ad, easing Chec ai each PeUUo, Type) 9. t, etition s~'p - '-~ SDP (Site Development Plan) [~] PPL (Plans & Plat Review) SDPA (SDP Amendment) [~3 PSP (Preliminary Subdivision Plat) [~31:p O:inal prat) SDPI (SDP Insubstantial Change) LLA CLot Line Adjustment) S~ (Site Improvem~t Plan) [~3 BL (Blasting permit) i Land Use petition ~ Condi6onal Use, VRSFP (Veg. Removal & Site Fill Permit) S~A (SIP Axnendment) [~3 ROW (Kight-of-WaY permit) SNP- (Street Name Change) ~ EXP (Excavation Permit) YegetatiorffExotic (Veg. Removal permits) .... Boat Dock Ext., Rezone, PUD rezone, etc.) ____.______.__ [~] Other- DeScribe: .------~'-.. documemts (if 10. Project or development names propos~ for, or already appearing m, condominium applicable; indicate .wheth~ proposed or existing) 'FOR. ' Address Nurnb~r ~.-- Address Number _ -- Approved by ~ Date Address Number_ - DEE 0 3 2002 RESOLUTION NO. 02- __ RELATING TO PETITION NUMBER VA-2002-AR- 2617, 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 confcn'ed on all counties in Florida the power to establish, coordinale and enforce zoning and such business regulations as are necessary for the protection of the public; and VFHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) wh/ch 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 an after-the-fact variance from the required: 1) 30-foot side yard setback (LDC Section 2.213.4.3.2.), to allow a 14.4 foot side yard setback (a variance of 15.6 feet); and 2) 75-foot front yard setback (LDC Section 2.2.3.4.3.1.), to allow a 70.1 foot front yard setback (a variance of 4.9 feet), for property located at 2231 14* Avenue NE, as shown on the attached plot plan, Exhibit "A", 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-2617 filed by Creative Homes of S.W. Florida, representing Lloyd Wynn, with respect to the property hereinafter described as: Golden C. mte Estates Unit 16, Tract 99, Lot E-150, as recorded in Pla~ Book 7, pages 3-4, Collier County records, in Section 36, Township 48 sou~ ~27 ~ be and the same berry is approved for a 15.6-feet variance from the required side yard setback of 30 feet w 14.4 feet and a 4.9 foot variance fiom the r~quir~d front yard setb*~ of 75 foot to allow a 70.1 foot setback as shown on the attached plot plan, Exhibit "A', in the AGF,24OA ITEM,." 'E" Zoning District wherein said property is located, subject to the following conditions: ~ I r~] ~ i. ,. iance is Umi to the side --d DEC 0 3 20n encroachments for tbe existing house, located at 2231 14a Avenu~ Il.E., as depicted and more particularly described in the applicant's site plan stamped "Received May ] 1, 2002." This site plan is included as Exhibit A; and Pg.. ~' 2. In the case of the destr~tion of the encroaching ~ for any reason, to an ext~t equal to or greater than 50 pcwent of the actual replacement cost of the , structure a~ the time of its destruction, any recomtmction ~ conform to the ' pwvision~ of thc Land Development Code in effect at the time of reconsm~on. BE IT RESOLVED that this Resolution relating to Petition Number VA-2002=AR- 261'1 be recorded in the minutes of this Board. This Rcsolution adopted aflcr motion, second and majority vote. Done this day of ,2002. ATrF. ST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA JAMES N. COLETTA, ~ Approved ~s to Form and Legal SuflSciency: Psmck G.~Wbite Assistant County Attorney VA.2002-AR-,~ 17 -Attachment: Exhibit A, Plot Plan, stamped Received May 31, 2002 DEC 0 3 2002 CREA'FZVE HOMES OF 5W FLORZDA 12355 COLLIER BLDV. SUITE F, NAPLES, FL. 34116 " .. (941) 455-7754 FAX (941) 455-7515 ,TOB NO.: 1179 Ct.ZENT: WYNN CI'~: NAI~.L=$ ¢O~N'rY: S~P NUMBS: 3239720~07 AREA ~ NOR~ J TANK 5~: HERON (3 BDR.) I RIGHT HAND ~ARAGE ~° I DEC 0 3 2002 CONDITIONS LLOYD WYNN Petition # VA-2002-AR-26! 7 The foregoing variance petition approval is subject to the following conditions: 1. The variance granted is limited to the after-the-fact side and front yard encroachments for the house, located at 2231 14th Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Revised: 10/24/02 VA-2002-AR-26~.7 Exhibit B AOENDA ITEM DEC 0 3 2002 G:\Current\Deselem\Vafiances\Valle. Marlo for Wynn-VA-2002-AR-2617~Conditions.doc p~..,~,~_~--3.,,_,,~ EXECUTIVE SUMMARY VA-2002-AR-2431 TINA LEVAN REQUESTING A 6.5 FOOT VARIANCE FOR A POOL SCREEN ENCLOSURE IN THE RSF-1 ZONING DISTRICT, FROM THE 30-FOOT SIDE YARD SETBACK REQUIREMENT, TO ALLOW A 23.5 FOOT SETBACK, PURSUANT TO LAND DEVELOPMENT CODE SECTIONS 2.2.4.4.4 AND 2.6.2.1.4. ON PROPERTY LOCATED AT 250 CARICA ROAD FURTHER DESCRIBED AS LOT 4, BLOCK 7, UNIT 2, PINE RIDGE 2~D EXTENSION. PLAT BOOK 10, PAGE 86 AS RECORDED IN COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The petitioner is requesting a variance from the required 30-foot side setback (west boundary), to allow a 23.5-foot setback to allow construction of a screen enclosure around an existing pool for property located at 250 Carica Road. The amount of variance requested therefore is 6.5 feet. The pool and spa were constructed at the required 30-foot setback, however the petitioner does not have enough space to construct an enclosure and remain within the setback boundary. The variance is being sought to address safety concerns, according to the petitioner's narrative statement ("Nature of Petition"). The petitioner states that she wants to have a deck around the pool to allow people, especially children, to safely circumnavigate the pool and spa, and allow an additional exit from either the pool or spa should someone fall into the pool or spa. The pool was built based upon the information provided by the county on the permit application that a 20-foot side setback was required, instead of a 30-foot side setback. The pool permit was revoked because there was no protection provided around the pool. The building code allows "protection" in the form of a fence however; the petitioner wants to provide protection in the form of an enclosure rather than a fence. The petitioner stated at the CCPC hearing that she has concerns about mosquito-borne diseases such as West Nile virus and will not allow the pool to be used in the evenings. A screen enclosure would allow her family to use the pool in the evenings because it will provide protection from mosquitoes. A screen enclosure permit was issued but later cancelled when the setback encroachment was discovered. Now it is virtually impossible to "move" the pool so the screen enclosure can be erected in compliance with the required setback. FISCAL IMPACT: ~,~DA Approval of this petition will have no fiscal impact on Collier County. DE[; 0 3 2002 Petition VA-2002-AR-2431 LEVAN; Executive Summary Page I of 4 Pg. I -- ..... GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no 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. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The LAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION {CCPC) RECOMMENDATION: This petition was heard at the November 7, 2002 CCPC meeting. Ms. Young motioned to forward petition VA-2002-AR-2431 with a recommendation of APPROVAL WITH CONDITIONS; Mr. Abernathy ....... seconded the motion. The MOTION PASSED unanimously. PLANNING SERVICES STAFF RECOMMENDATION: Staff has determined that there are special circumstances in this case. The pool and spa were built in compliance with the permit issued for them. That permit noted that the side setback was 20 feet rather than the required 30 feet. The pool and spa were placed 30 feet from the side lot line. The petitioner thought she had 10 feet in which to place a deck and screen enclosure and still comply with the setback requirements. If this variance is not approved, the applicant would be forced to either use a fence to meet the protection standards for the pool, rather than the enclosure that is desired, or "move" the pool. Moving the pool does not appear to be a feasible alternative. No letters either in support or opposition to this petition have been received. The petitioner testified at the CCPC hearing that she has discussed the proposed enclosure and this variance petition with her neighbors and no one objects to either. Planning Services staff considered the general guidelines for variance requests, and found that there were special conditions or circumstances that could "create practical difficulties for the applicant," thus warranting approval of this variance petition. Because approval of the variance will not compromise or act to the detriment of the General Purpose of the LDC (Sec' ;"" DEC 0 3 2002 Petition VA-2002-AR-2431 LEVAN; Executive Summary Page 2 of 4 .... Services staff recommended that the CCPC forward Petition VA-2002-AR-2431 to the BZA with a recommendation of approval with following conditions. 1. The variance granted is limited to the side yard encroachment for the proposed screen enclosure along the western property boundary as depicted and more particularly described in the applicant's site plan dated January 15, 2002, and stamped "Received April 30, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. DEC {3 3 2002 Petition VA-2002-AR-2431 LEVAN; Executive Summary Page 3 of 4 .~ PREPARED BY: SELEM, AICP DATE PRINCIPAL PLANNER REVIEWED BY: > cUSAN MURRAY, AICP ~ DATE URRENT PLANNING MANAGER I~IARG ,A~T WUERStLE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: JOSE~PH K. SCHMITT D~TE cO,MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Ex¢cutiw m~ary/VA-2001-AR-2431 DEC 0 3 2002 Petition VA-2002-AR-2431 LEVAN; Executive Summary Page 4 of 4 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: October 24, 2002 SUBJECT: PETITION VA-2002oAR-2431 AGENT/APPLICANT: APPLICANT: Tina Levan 250 Carica Road Naples, FL 34108 REQUESTED ACTION: The petitioner is requesting a variance from the required 30-foot side setback (west boundary), to allow a 23.5-foot setback to allow construction of a screen enclosure around an existing pool for property located at 250 Carica Road. The amount of variance requested therefore is 6.5 feet. The LDC establishes the setback requirements for the pool screen enclosure in LDC §2.6.2.1., Location of accessory buildings and structures. This section of the code requires accessory structures to maintain the same side setback as the principal structure, in this case, 30 feet. GEOGRAI~HIC LC ~ATION: The subject property is located at 250 Carica Road, further described as Lot 4, Block 7, Pine Ridge 2nd Extension as recorded in Plat Book 10, Pages 86, of the public records of Collier County, Florida in Section 34, Township 48 South, Range 25 East. PURPOSE/DESCRIPTION OF REQUEST: The pool and spa were constructed at the required 30-foot setback, however the petitioner does not have enough space to place a deck around the pool and construct an enclosure. TI~ ~ vari~;t~o^ II'D~ is being sought to address safety concerns, according to the petitioner's narrative stat~~ ("Nature of Petition"). The petitioner states that she wants to have a deck around ~e pool to Petition VA-2002-AR-2431 CCPC Date: November 7, 2002 Pagel6 DEC O 3 2002 allow her family to safely circumnavigate the pool and spa, and allow a safe exist from either the pool or spa should someone fall into the pool accidentally. The pool and enclosure were - designed based upon the erroneous assumption that a 20-foot wide side setback was required. The pool was constructed prior to the setback error discovery. The pool permit was revoked because there was no protection provided around the pool. The building code allows "protection" in the form of a fence however, the petitioner wants to provide protection in the form of an enclosure rather than a fence. A screen enclosure permit was issued but later cancelled when the setback encroachment was discovered. Now it is virtually impossible to "move" the pool so the screen enclosure can be erected in compliance with the required setback. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located in the Urban Residential Land Use Designation on the County's 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. As previously noted, the subject petition seeks a variance £or an accessory structure on 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. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. LAND USE AND ZONING (See Attachment B): Subject: single family residential structure, zoned RSF-1 Surrounding: North - Carica Road, then single family residential structure, zoned RSF-1 East - drainage canal, then Goodle~e Frank Road, then Pelican Marsh, zoned PUD South - canal, then single-family residential structure, zoned RSF-1 West - single family residential structure, zoned RSF-1 DEC 0 3 2002 Petition VA-2002-AR-2431 CCPC Date: November 7, 2002 Page 2 of 6 Pg. ~r~ HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within'an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. 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: a. 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 swimming pool has already been constructed; moving the swimming pool to allow a screen enclosure to comply with setback regulations would be difficult. b. 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 permit for the pool indicates that the setback requirement is 20 feet not 30 feet. The petitioner's contractor relied upon that erroneous information provided by the county about the required setbacks, and constructed the pool based upon that information. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create pta, :leal difficulties for the applicant? Yes. If this variance is not approved, the applicant would be forced to either put in a fence to meet the protection standards for the pool, rather than the enclosure that is desired, or "move" the pool. Moving the pool does not appear to be a feasible alternative. It seems that either scenario would "create practical difficulties for the applicant," thus warranting approval of this variance petition. d. 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? - AOENDA ITEM~ Petition VA-2002-^R-2431 COPe Date: Novomtmr ?, 2002 Page 3 of 6 DEC 0 3 2002 Yes. The variance proposed is believed to be the minimum variance to allow reasonable access around the pool and construct a pool enclosure. 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, no similar variances have been granted in this neighborhood. 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? Yes. As proposed for approval the variance would allow the applicant to construct a screen enclosure, an appurtenance enjoyed by many neighbors. It appears that approval of this variance, as conditioned, would have a negligible effect upon the neighborhood and would not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. 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 the variance request, and has determined that there are special conditions and circumstances that warrant approval r [' this variance. Staff offers that approval is the appropriate action, if the conditions recc 'unended by staff are incorporated into the approval. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2431 to the BZA with a recommendation of APPROVAL WITH CONDITIONS. Staff is recommending approval of the variance with the following conditions (Exhibit B to the resolution): 1. The variance granted is limited to the side yard encroachment for the pre ,,,~o~ enclosure along the western property boundary as depicted and more particuh fly d~~~ PetitionVA-2002-AR-2431 CCPCDate: Novernber 7. 2002 Page¢ of , DEE 0 3 2002 in the applicant's site plan dated January 15, 2002, and stamped "Received April 30, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. The first condition identifies the site plan to pictorially clarify the limits of the variance approval. The next condition reiterates and embellishes upon LDC Section 2.7.5.7. regarding destruction and replacement of the structure. This condition recognizes the unique situation for the variance but requires any replacement or reconstruction of the home to be done in compliance with the regulations. As of the date this staff report was prepared (October 24, 2002) no letters, either in support of, or in opposition to, this petition have been received. AGENOA ITEM DEC 0 3 i' Petition VA-2002-AR-2431 CCPC Date: November 7, 2002 Page 5 o~= 6 10 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: ../~~~~~ Y, AICP / DATE /O-ca CURRENT PLANNIN0 MANAOER APPROVED BY: STRATOR DATE k/. Collier C~ Plannin~om~ssion: KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the November 7, 2002 Collier County Planning Commission Meeting Tentatively scheduled for the December 3, 2002 Board of County Commissioners Meeting AGENOA ITEM/9_ DEC 0 3 2002 YA-2002..AR-2431 Pelilion VA-2002-AR-2431 Project # 2002030006 Date: 4/30/02 Kay Deselem VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICUL3~ ZONING DISTRICT) Petition No. Date Petition Received: \ Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Telephone: o~ - ~_/t9 --2~ (/~4 Agent's Name: /4h// }- Agent's Address: / Telephone: · AGENDA ITEM~,~ DEC 0 3 200,. COLLIER cOUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address 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 PROPERTY DESCRIPTION: Legal Description of SubjeeLProperty: Sub~'vision:./~/~~- ..... ~It'~,,-~ ~/._, Unit' 07. Lot (s) q Block (s) V .Section__~__Twp. ~ Range~ Property I.D. $$ O~)6'r~_ Metes & Bounds Description: /~///4 AGENDA n 2002 ,~.~.n,.,,~,,. r,-- v'm-~ce Peri,o- - 8/~8 ~e ~ ~f 8 Pg... ~'::~) .. (If di/Tcrcn! from Petitioner's address) Current Zoning and Land use of Subject Parceh Adjacent Zoning & Land Use: "Minimum Yard Requirements for Subject Property: Side: ~)' ,,, Waterfront Lot: y~ [--[ No ~ DEC O 3 '2ITL Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount 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 poss~le); why encroachment is necessary; how existing encroachment came to be; etc. Please note that staff and the Collier County P]~..ing Commission shall be guided in their recommendation to the Board of zoning Appeais, and that the Board of zoninE appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0-8). (Please address ~ criteriausinE additional pages necessary.) I. Are there special conditions and circumstances existing which are peculiar ~o the location, size and characteristics of the land, slructure, or building involved. 2. Are there special conditions and cirm~mstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is thc subject of thc variance request. ! (J - Will a literal interpretation of the provisions of this zoning code work ~rmecessary and undue hardship on the applicant or create practical difficulties on thc applicant. ' / 0 ./ 4. Will the variance, if granted, be ~c ml. lmum variance that will w,,i~ posm'ble the reasonable use of DEL; $. Will granting the variance requested confer on the petitioner any spec/al privilege that is denied by ~- thc. sc zoning regulations to other lands, buildings, or structures in thc same zoning district. 6. W/il grant/nE the variance be/n harmony with the intent and purpose of th~ zoning code, and not be injur~ous to thc neighborhood, or otherwise detrimental to the public weffare. 7. Are there natural condition~ or physically induced conditions that meliorate the goals and objectives of thc regulation such a.s natural preserves, lakes, goff course, etc. S. Will gr~ti~ m~ var~ ~'with the srowth _ ~/~ '-~" ' r ~ /~ - . F App~c~fion for V~n~ Petition - ~8 P~e 6 ~f 8 Pg' VARIANCE PETITION. APPLICATION SUBMITTAL CHECKLIST THIS coMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or COPIES REQUIRED Application 15 2. Comple'~-----" ted Owner/Agent Affidavit, Notarized 1 ~lication notes/minutes 15 4. SurV-'----'~ey of property, showing the'encroachment (measured in f~t) 15 ~'~epicting the following: a) All property boundaries & dimensions b) Ail existing and proposed structuies (labeled as c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks ' .. . major streets in area for 1 6. LocaUon map depicting reference . -7. Pre. Application fee, Applicaton fee and Data C fee, checks shall be made payable to Collier County Board of Commissioners . 8.~equirements - As the authorized agent/applicant for ~hi~ petition, I amst that all of the information indicated on th/s checklist is includ~ all necessary submittal information may included J~ ~ submi~al package. I tmd~s .i~nd ~ ....r~s,dt in~e d~ay ofproc~-'~ of ~is p~i~ion/ DEC 0 3 Application for Variance Petition - 8/98 ~r,.~'~~/ z pt~_- ~j..~~ ) being first duly sworn, depose and say that wefI ~a'~/~re ~h'e'"owners of t~ prope~ d~c~bed herein and which ~ the ~bj~ matt~ of the proposed hea~ng; that 'aH the a~s to the qu~ao~ in th~ appli~on, incl~ing the ' d~closure of inter~t info~a~'on, aH s~tch~, data, and other suppI~enta~ ma~er a~ach~ to and made a pa~ of th~ application, are hon~t and t~e to the b~t of o~ ~owl~ge a~ belief. ~I und~stand that the info~aaon requited on th~ appH~tion m~t be complete a~ ac~rate and that the content of th~ fo~, whether computer generat~ or C~n~ p~nt~ shah not be altered. Public hea~ngs will not be adve~ un~'l th~ applicaaon ~ deem~ complete, and aH required info~ation h~ been submitS. ~ prope~ owner W~nh~ autho~e ~~ to act ~ our/my repr~enta~ve in any ma~ers regarding th~ Pea~on. ~i~a~re of Prop~ ~er Si~ature of Prope~ ~ The foregoing instrum, ent was acknowledged ,efore me this t~°o~ ~ 0 day of ~I~t'6'/ i~gO_.~ by"~ /,~_t/O.~ wh, is pers__onally kno'-'-'~ t'~ me or tu~ produced · _ ...... as id~~nn'fication. '- tf~ ....~*-~-~ ' State of Florida ~ignature of Notary Public - State of County of Collier Fl°~ol'~ L. 5 ~o~qoAffl~n "' -(Print, 2~pe, or Stamp Comm Name of Notary Public) DEC 0 3 2002 P~, , VARIANCE PETITION PRE-APPLICATION MEETING NOTES a c cI iS Date:~ll~lOZ Time: ~0 ~ Plauner: Project Name: '-~"! ~ L~ v~ ~OO~ ~~U~ ~ Project A~dr~oca~on] ~ ~ ~c ~ ~ Applicant Name: ~ Phone: ~-~C-~ Firm: Type ofP~fion: ~t~~ Current ~n~g: ~~-- O~er Name:_ ~~ O~er Addr~s: Phone: Meeting A.end~: SUBMITTAL REQUIREMENTS: ,~ 15 copies of completed Application ~ Addressing Checklist signed by Addressing Dept 12~ Pre-application meeting notes ~ · 15 copies of Conceptual Site Plan 24' X 36' plus (one 8 % X 11 copy) "'- ~ Completed Owner/Agent Affidavits, Notarized ~ 2 copies of Deed ~' 2 copies of List identifying Owner & all parties of corporation l~ Location map )~ 5 copies of Aerial Photograph (taken within the previous 12 months) DEC 0 3 2002 1 Pg [] K/,~ 4 copies of EI~..~EIS waiver [] ~JA- 4 copies of TIS [] N,~ 4 copies of Utility Provisions Statement with sketches ~. [] ,~J4~4 Historical Survey or waiver request [] ~,v/~ Public Participation Meeting affidavit, notes ~1~ Pre-application Fee $300.00 (to be credited toward application fee below) r-I Fees: $1000.00 Application Fee 25.00 Data Conversion OTHER REQUIREMENTS: NOTES: Agent/Owner Signature Date: AGENDA, DEC 0 3 2002 VARIANCE PETITION PRE-APPLICATION MEETING NOTES a Date:__~l~{0z Time: [0 ~ Planner: ~IXY Project Name: '-'~l~,J~- [ ~V~ ~00~ Project Addr~ocafion: ~ ~ ~c ~ ~ Applicant Name: ~ ~ Phone: ~q ~-~-~ Firm: Type of Petition: ~~ ~ ~ ~ Current ~ning: Owner Name:~~ Owner Addr~s: Phone: Meeting A~end~: SUBMITTAL REQUIREMENTS: 15 copies of completed Application Addressing Checklist signed by Addressing Dept Pre-application meeting notes 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 copy) Completed Owner/Agent Affidavits, Notarized ~ 2 copies of Deed ~' 2 copies of List identifying Owner & all parties of corporation N~. J ~' Location map , ~ 5 copies of Aedal Photograph (taken within the previous 12 months) DEC 0 3 1 [] AJ,~. 4 copies of El~--IS waiver [] MA- 4 copies of TI' [] ~/,al 4 copies of Utility Provisions Statement with sketches []/v~l Historical Survey or waiver request '~! Public Participation Meeting affidavit, notes Pre-application Fee $300.00 (to be credited toward application fee below) 1'3 Fees: $1000.00 Application Fee 25.00 Data Conversion OTHER REQUIREMENTS: [] Agent/Owner Signature Date: iDEC032002 SURVEY SKETCH OF BOUNDARY SURVEY ..: STREET ADDRESS, 250 CARICA ROAD .... , ~'.. NAPLES, FLORIDA. . S. 89°28'30'~/. 175.00' (P) 6 S.89'34'38'~. 175.43' (H) ~~~ / ~ ~s I ~3.~ -- l~.O / / I 4fX DEC 0 3 2002 Page Intentionally Left Blank Please complete th · Legal description s?jec operty or properues (c.o,~v of lengthy des~rtptzon may be atta he umber(s) of above (attach to, or associate wi'~l, legal description if more than one)_ ~ ~¢<.t.n~'~plicable, if already '~sign~cl) ._..__ owiag exact location of project/ 4. (NEEDF-~D ONLY FOR uNPLATTED PROPERTIES) 5. Copy of survey 6. Proposed project name (if applicable) '7. p~eS (if applicable) ------ $. ~?lan Number (FO-~ EXI~'--I~qG PROJECTS/SITES ONLY) SDP ..._---- ' ~ ¢ a separate Addressing Checklist for each petition Type) 9. petitio~ Type - (Complet [~ PPL (Plans & Plat Review) [~ SDP (Site Development Plan) ~ PSP (Preliminary Subdivision Plat) SD?A (SDP Amendment) FP (Final ?lat) [] SD?I (SDP Insubstantial Change) ~ ~ (Lot Line Adjustmemt) ~SIP (Site improv~xn~at Plan) BL (Blasting p~n-mit) SIPA (SIP Amendment) ~ ROW (R~ght.of-Way?ea'mit) ,.,~, tStrect Name Change) EX? CExcavation p~-mit) ~. Land U~¢ petition (Variance, Conditional Use, ~ VI~FP (Vcg. Rexaoval & Site Fill permit) Boat Dock Ext., Rezone, PUD r~zone, etc.) [~] Other - Describe: .--------- appeatfiag ia, condominium docum~nt~ (if 10. proj~-t or development names proposed for, or atready applicable; indicate whether proposed or existing) ~ USE oNLY _ Primary Number ~ ^GErt:)^ ~TEM .. Address Number .3.3.- ^ddrc N m b _ -- DEC 0 3 2002 P~. RESOLUTION NO. 02- RELATING TO PETITION NUMBER VA-2002-AR- 2431 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WH~EREAS, 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 WI-tEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (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 constituted and lawfully assembled 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 6.5-foot variance from the required 30-foot side yard setback as set forth in LDC Section 2.24.4.4 and 2.6.2.1.4. to allow a 23.5-foot setback for a screen enclosure, as shown on the attached plot plan, Exhibit "A", in a ""RSF-I" Zoning District for the property hereina/~er described, and has found as a matler of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 27.5 of the Zoning Regulations of said Land Development Code for the unincorporated are~ 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-2431 filed by Tina L. Levan, with respect to the property hereinafter described as: Lot 4, Pine Ridge 2nd Extension, Block 7, as Recorded in Plat Book 10, Page 86, in the Official Record Books of Collier County, Florida be and the same hereby is approved for a 6.5-foot variance from the required 30-foot side yard setback to 23.5 feet as shown on the attached plot plan, Exhibit "A', of the Zoning District wherein said proper~y is located, subject to the following conditions: BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002-AR-2431 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. ~ I ~] ~- ''~ DEC 0 3 Done this day of ,2002. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: JAMES N COLETTA, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A--Survey Sketch, dated January 15, 2002, and stamped Received April 30, 2002 Exhibit B, Conditions VA-2002-AR-2431/'KDtlo DEC 0 3 2002 ,,, ' SKETCH OF BOUNDARY SURVEY · ~". ' STI~"~T ~DR£$5, · ~50 cARICA ROAD · ~'.: NAPLES. £LORI~ ,/- --', :4: '! ~: / -[ _~ 176.: LEGAL DESCRIPTIO~I ~ L-gr 4, ~LDCK 7, pIAI~ RSZ]G~ CE~ ~ : ' ~D ~0~ : (~ Pi~ning Se~i~ ~y ~AT ~ ~Y WAS M~ ~ CORP r.L.A. SUR~YS · COHDITIOHS TINA LEVAN Petition # VA.2002-AR-243 ! The foregoing variance petition approval is subject to the following conditions: 1. The variance granted is limited to the side yard encroachment for the proposed screen enclosure along the western property boundary as depicted and more particularly described in the applicant's site plan dated January 15, 2002, and stamped "Received April 30, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Revised: 10/23/02 VA-2002-AR-2431 Exhibit B DEC 0 3 2002 O:~Curre~DeselemWarianoes~evan, T3na-VA-2002-AR-2431\Condlti°ns'd°c pg._~ I .... ,