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Agenda 01/28/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 28, 2003 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR.. TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS 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 January 28, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tim Navin, St. Peter the Apostle Catholic Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. January 7, 2003 - Joint BCC/City of Naples Workshop C. January 8, 2003 - BCClLand Development Code Amendments (Ex 3. SERVICE AWARDS A. Twenty-Year Attendees: 1) Gregorio Flores, Utilities Finance 2) Gary Hamm, Road Maintenance B. Twenty-Five Year Attendee: 1) Jodi Walters, Domestic Animal Services PROCLAMATIONS A. Proclamation for Love My Library Month. To be accepted by John Jones, Director of Library and Helen Eckhardt, President of Friends of the Library. B. Proclamation to designate the week of January 26 through February 1 as Catholic Schools Week. To be accepted by students from 4th, 5th and 6th grades, their respective teachers and Rachel Baler, Dean of Studies. o PRESENTATIONS A. Presentation to the Board of County Commissioners for their support of the Healthy Kids Program. Plaque to be presented by Dr. Joan Colfer, Director of Collier County Health Department, and Maryann McCarty, Nursing Program Specialist. B. Presentation to the Transportation Division to award Sponsor of the Year Awards for the Adopt-A-Road Program administered by the Road and Bridge Section of the Transportation Operations Department. C. Presentation to recognize Glenn Price as this year's outstanding Aquatic Plant Manager of the Year, awarded by the Florida Aquatic Plant Management Society. 2 January 28, 2003 PUBLIC PETITIONS A. Public Petition request by Mr. Ken Drum to discuss overall plan for the Santa Barbara Extension. B. Public Petition request by Mr. Jim Kramer to discuss Selective Non- Enforcement of the Collier County Sign Ordinance. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2002-AR-2803, Karen Bishop ol PMS Inc. of Naples, representing Walnut Lakes LLC, requesting an amendment to the Walnut Lakes PUD having the effect of modifying development standards in Table 1 to provide for a revision to yard requirements, specifically to reduce the 10-foot side yard setback for single- family detached dwelling units to 6 feet for one-story homes and 6 feet for two story homes; and to revise the master plan to eliminate the golf course and the site specific nature of a potential assisted living facility, for property located on the North side of US-41 and approximately 2.5 miles East of Collier Boulevard (CR-951) in Section 12, Township 51 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS A. Request Board to set the balloting date for the recommendation of members to the Pelican Bay MSTBU Advisory Committee by record title owners of property within Pelican Bay. B. Appointment of members to the Golden Gate Community Center Advisory Committee. C. Appointment of members to the County Government Productivity Committee. D. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. E. Discussion regarding addition to Goodland Overlay. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT A. Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of a Six Month Progress Report regarding the suspended Ordinance establishing a mandatory non-residential recycling program within the Unincorporated Areas of Collier County. (Jim DeLony, Administrator, Public Utilities) 3 January 28, 2003 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT A. Request for Board approval, in accordance with Collier County Resolution No. 95-632, for outside counsel to represent individual defendants in the Florida Water Services Corporation vs. Collier County, et al, Lawsuit, and for the related purchasing policy waiver due to exigent litigation circumstances. B. Recommendation that the Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) for, among other things, a third year wage adjustment of 2.9% retroactive to November 1, 2001 for all bargaining unit employees and a merit increase of 1.6% retroactive to October 1, 2002 for eligible full time bargaining unit employees. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item continued from the January 14, 2003 BCC Meetin~ Approval of one (1) impact fee refund request totaling $3,327.00 as a rebuild from a house fire. 2) Approval of one impact fee refund request totaling $3,713.82, non- buildable lot. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Nine". 4) Request to approve for recording the final plat of "Forest Park Phase II1", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 5) Request to approve for recording the final plat of "Tuscany Reserve" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance Security. 4 January 28, 2003 6) Request to approve for recording the final plat of "Venezia Grande Estates" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 7) Request to approve for recording the final plat of "Jasmine Lake-A", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance Security. 8) Request to approve for recording the final plat of "Masters Reserve-Phase I1", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Approve Collier County to enter into a three-year agreement with the Collier County Hunger and Homeless Coalition to become the Lead Agency for the Annual HUD Continuum of Care Grant Application. 10) Approve a Resolution supporting proposed legislation for consideration by the 2003 Florida Legislature, to 1) extend the deadline allowing rural enterprise zones to. expand their jurisdictional boundaries, and 2) reduce the required minimum purchase price from $5,000 to $500 for eligibility under the Enterprise Zone Business Equipment Sales Tax Refund Program. 11) Recommendation that the Board of County Commissioners amend the hire date from April 2003 to February 2003 for the two new Planner positions in the Comprehensive Planning Section of Planning Services. 12) A Resolution supporting March Performance as a Qualified Applicant pursuant to ,3288.106, Florida Statutes; and providing an appropriation of $32,000 as local participation in the Qualified Target Industry Tax Refund Program for Fiscal Year(s) 2004 through 2007, and providing for an effective date. TRANSPORTATION SERVICES 1) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 Grant Application and applicable documents. 2) That the Board authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 Grant Application and applicable documents. 3) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for State Block Grant Funds. 4) Recommendation to approve the purchase of one (1) 15 CY Dump Truck, Diesel, in accordance with Bid #03-3457. 5 January 28, 2003 Ce De 5) Recommendation to award Bid #03-3458R-Annual Contract for the purchase of limerock and fill material for the approximate annual amount of $500,000 to five companies. 6) Approve Change order No. 1 for $71,155 for the Construction Engineering and Inspections Services by PBS&J, Inc. for Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Four and Six Lane Improvements, Project No. 60134. 7) Approve a Budget Amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project #69081 in the amount of $94,928. PUBLIC UTILITIES 1) Approve Underground Conduit Installation Agreement with Florida Power and Light Company for the South County Water Reclamation Facility Expansion, Project 73949. 2) Approve a Developer Contribution Agreement with DiVosta and Company, Inc., and IslandWalk Development Company, Inc. in the amount of $36,902 for Wastewater Facilities provided in accordance with the PUD documents for the IslandWalk Development, Project Number 73190. 3) Approval of an Interlocal Agreement with the City of Naples to bill specific Wastewater Accounts. Fiscal Impact is $36,000 per year. 4) Approve a Work Order for a sand search for the re.nourishment of Hideaway Beach, Project 90502, in the amount of $210,448. 5) Approve a Work Order for a Hard-Bottom Investigation as part of County- Wide Sand Search, Project 90527, in the amount of $55,992. 6) Re-appropriate the balance of unspent funds in Fiscal Year 2002 related to North Wellfield Improvements in the amount of $98,200, Project 70075. PUBLIC SERVICES 1) Approve and execute documents necessary for the conveyance to Florida Governmental Utility Authority of Water Utility Facilities located at the Golden Gate Community Center Annex, at a cost not to exceed $95.00. 2) Recommendation that the Board of County Commissioners convey easements to Florida Power and Light Company and Sprint-Florida, Inc., the total cost of which will not exceed $30.00. 3) Approval of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. E. ADMINISTRATIVE SERVICES 6 January 28, 2003 1) Approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute Limited Use Bare License Agreements for the 2003 Calendar Year. 2) Award Bid #03-3449 for preparation and delivery of title commitments and real estate closing services for right-of-way and other land acquisitions. 2) COUNTY MANAGER 1) Approval of Florida Association of Counties (FAC) $7,927 Special Assessment for Lobbying Services related to the Implementation of (Article V/Revision 7) State Court Funding. Adoption of Resolution of the Board of County Commissioners regarding reimbursement of certain costs relating to the Acquisition and Construction of various Transportation related Capital Improvement Projects. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for the Economic Development Council Installation of Officers and Outstanding Volunteer Award Dinner. 2) Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for Lake Trafford's Bright Future Event. !. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS Ko COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 128 in the Lawsuit styled Collier County v. North Naples United Methodist Church, Inc., et al, Case No. 02-1742-CA (Goodlette-Frank Road Project (Pine Ridge to Vanderbilt Beach Road), Project #60134). 2) Approve the Stipulated Final Judgment relative to the Acquisition of a road easement designated as Parcel 128 in the Lawsuit styled Collier County v. Gerald A. McHale, Jr., Successor Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et al, Case No. 00-0487-CA (Pine Ridge Road between CR 31 and Logan Boulevard) (Project No. 60111). 3) Approve three Agreed Orders with Respondent Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida ("SPRINT") with respect to (1) Parcel No. 178B in the Lawsuit styled Collier County v. 7 January 28, 2003 17. Roberto Bollt, et al, Case No. 02-2217-CA; and (2) Parcel No. 182 in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211- CA; and (3) Parcel No. 188 in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (All Three Agreed Orders concern Immokalee Road Project #60018). 4) Recommendation to approve a Budget Amendment in the amount of $35,000 for outside counsel and professional services in support of Resolution 2002-428 expressing concerns regarding the Acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. 5) That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into Interlocal Agreements with Independent Fire Districts for the purpose of implementing the duties and obligations of the various dependent and independent Fire Districts with respect to Fire Plan Review and Fire Code Inspections for new construction, construction projects and existing structures within the various districts. 6) Approve the Stipulated Order of Taking and Final Judgment relative to the Fee Simple Acquisition of Parcel 129 in the Lawsuit styled Collier County v. North Naples Fire Control and Rescue District, et al, Case No. 02-1702- CA (Goodlette-Frank Road Project #60134). 7) Authorize the making of an Offer of Judgment to Respondent Temple Grove Partnership, John A. Pulling, Trustee, A/K/A Temple Citrus Grove, A Partnership, for business damages to Parcel No. 104 in the amount of $3000 in the Lawsuit styled Collier County v. John A. Pulling, Jr., Trustee of a Land Trust dated January 2, 1992, et al, Case No. 02-1908-CA (Livingston Road Project; Pine Ridge Road to Immokalee Road). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. VA-2002-AR-2848, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing M.L.S. of Naples, Inc., requesting a 6.1 foot variance from the required 10 feet to 3.9 feet for an existing sign, and a 2.2 foot variance from the required 5 feet to 2.8 feet for an existing flagpole, for property located at 1455 Pine Ridge Road, located in Section 10, Township 49 South, Range 25 East, Collier County, Florida. 8 January 28, 2003 B. Petition AVPLAT2002-AR3474 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 86, according to the plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida, located in Section 6, Township 50 South, Range 26 East. C. This item has been continued from the January 14, 2003 BCC Meetin_q, Petition AVPLAT2002-AR2704 to disclaim, renounce and vacate the County',~ and the Public's interest in all of the Platted Conservation Easement located on Lot 73, according to the Plat of "Southport on the Bay Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida, and to accept a Relocation Conservation Easement over a portion of said Lot 73, located in Section 6, Township 48 South, Range 25 East. D. Petition AVPLAT2002-AR2593 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 7.5 foot wide utility easement located along the East line of Lot 52, Block 72, according to the Plat of "Naples Park Unit No. 5" as recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East. E. Board to review and approve staff recommendations relative to the attached list of "PUD Sunsetting Projects", which have not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code (LDC), and have not submitted an amendment application pursuant to the Resolutions adopted by the Board of County Commissioners on June 25, 2002. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 9 January 28, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 28, 2003 CONTINUE ITEM 6B to February 11, 2003 BCC meetin.q: Public Petition request by Mr. Jim Kramer to discuss selective non-enforcement of the Collier County Sign Ordinance. (Petitioner request.) CONTINUE ITEM12(A) toFebruary11,2003BCCmeetinq: RequestforBoard approval, in accordance with Collier County Resolution No. 95-632, for outside counsel to represent individual defendants in the Florida Water Services Corporation vs. Collier County, et al, Lawsuit, and for the related purchasing policy waiver due to exigent litigation circumstances. (Staff request.) MOVE ITEM 16(H)1 to 9F: Commissioner Halas's request for approval for payment to attend function(s) service a Valid Public Purpose for the Economic Development Council Installation of Officers and Outstanding Volunteer Award Dinner. (Commissioner Coletta request.) WITHDRAW ITEM 16(H)2: Commissioner Halas's request for Approval for Payment to attend function(s) serving a Valid Public Purpose for Lake Trafford's Bright Future Event. (Commissioner Halas request.) MOVE ITEM 16(K)5 to 12(C): That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into Interlocal Agreements with Independent fire Districts for the purpose of implementing the duties and obligations of the various dependent and independent Fire Districts with respect to Fire Plan Review and Fire Code Inspections for new construction, construction projects and existing structures within the various districts. (Commissioner Henning request.) NOTES: ITEM 12(B) to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Fireflghters, Local 1826, International Association of Firefighters, Inc. (EMS bargaining Unit) for, among other things, a third year wage adjustment of 2.9% retroactive to November 1, 2001 for all bargaining unit employees and a merit increase of 1.6% retroactive to October 1, 2002 for eligible full time bargaining employees. Item 16C4 - For clarification, this project is one element of the engineering and design of Hideaway Beach renourishment project which was approved by the CAC, TDC and BCC for FY 2003. This project was originally approved as part of the FY-02 budget. This sand search shall be used for renourishment purposes of this particular beach or for other beaches in the County if the BCC so designates. The following two items are from the January 14, 2003 BCC A.qenda: ITEM 16(B)1 {from the January 14, 2003 BCC A.qenda) was continued to the January 28, 2003 BCC meetin.q and is further continued indefinitely: Approvo Change Order No. 3 with Bonness, Inc., in the amount of $1,390,146.36 for additional construction services to build a bridge at Lakeland Avenue over the Cocohatchee Canal, Project No. 65041. (Staff request.) ITEM 16(B)12 (from the January 14, 2003 BCC A.qenda) was continued to January 28, 2003 BCC MeetinR and is further continued indefinitely;. Approv~ supplemental agreement No. 1 for $142,337 for the construction enuineering and inspections services by HDR Construction Control Corporation to add inspection services for the construction of the Lakeland Avenue Bridge, Project No. 65041. (Staff request.) PROCLAMATZON WHEREAS, through books, visit the WHEREAS, beginning on ~rtu~clm/, February ! and continuing throughout the month of Februa~, Cellie~ County Public Library will commence a month-long LOVE MY LZBRARY campaign to celebrate the vital ~le of books as ~indo~s to the ~ and daemmys to a bright and exciting future fo~ all ~1 residants; and, 'WHEI~AS, this month-lang c~lebratim reflects the librcu'y's ycm.-mund commilm~ to providing 1~ highes~ lewis of service possible to county residents; and, - WHEREAS, LOVE MY LZBRARY MONTH activities will showcase thc important role books play in our daily lives and the absalute' the world and beyond, and, WHEREAS. the ~[nc,, ~.~ has been and many NOW month of DONE AND BOARD OF COUNTY COLLZER COUNTY, FLORZDA DWZGHT E. BROCK, CLERK Pg.~ NOW pnoc~,~a,~ rzON. ~atholic $~ools th~out the Unit~t Stat~s of am~i=a ~ill Catt~lic educah'an Jn Collier C~unfy now also includes p~st- . secondary studies with tt~ new ~'iml of A~e Maria Uni~arsity; ami, year m~ou~ed thi$ ho~rs and, the hear't of Jn to remember the impact that had/n our area ami encourages you ~ jo/n Jn the weeklontj celebration spans~d by each school. DONE AND ORDERED TI~$ ~Sth t~/ of ~an~aO, ~005. C~.I~E~ COUNTY, D~'~/-rr E. BROCK, ~ERK rom ~eNntN~, AGENp& ~T.E M . JAN 2.8 2003 Pg. J COLLIER COUNTY MANAGER'S OFFICE January 21,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 .~ Mr. Ken Drum .?'. 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 January 28, 2003, regarding the above referenced subject. This item was continued from the December 3, 2002 BCC meeting. Your petition t° 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 Boa,r,~'.~ Chambers on the Third Floor of the W. Harmon Turner Building (Building of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. ' If yqu require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~-~--'~ames V. Mudd County Manager JVM/jb cc: David Weigel, County Attomey Norman Feder, Transportation Services Administrator JAN 2 8 2003 COLLIER COUNTY MANAGER'S OFFICE November 22, 2002 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (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 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 GOODLETTE COLEMAN & , OHNSON, P.A. ATTORNEYS AT LA~W Kevin G. Coleman J. Dudley Goodlerte' Kenneth R. Johnson Richard D. Yovanovich Kenneth B. Cuyler Ha~old I. Webre, III ' 13om'd C~rfified Real Es'.at¢ Arlomey Northern Trust Bank Building 4001 Tamiami Trail North Naples, FI 34103 (941) 435-3535 (941) 435-1218 Facsimile July 13, 2001 Linda. C. Brinkman Scot~ M. Ketchum Eric M. Borg/a Piete~ G. Van Dien Writer's e-mail: kcuvler~,gcilaw.com 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 pdmary, 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 files located within the Collier County Development Services Division public records, as well as the Southwest Florida Regional Planning Council files relating to t. he Lely Development DRI approvals. Our opinion is that the development documents and associated documents do provide that the' Lely develoPer 15roposed 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 nb commitment to construct the six-lane facility upon commencement of the Lely Development, as it was · ~roPosed to be constructed based on phasing of the development. We have found no evidence of any developer comm'.ment 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 insight on the transportation be aware of these potential arguments because they may provide some ............ ~/;"~TT:': ;'-.-?-:""-'"'~':i . considerations. ...~,,: ,.-.:...- 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 w.~y in which the proposed phasing schedule coincides with today's real-world traffic counts. C.,~nversely, 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. ! 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 requi~ed 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 th~ developer) was for the purpose of handling not only internal traffic, but a certain amount of extemal 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 odginal 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 DRI application and approval process by which the state, regional and local staff have the ability to pose additional "sufficiency" questions to the developer to cladfy 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 "intemal" road network, and the proposed lane config;Jrations 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 Atta¢ ~ment 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 staffs question regarding 'what l modifications in the highway network will be necessary as a result of the development.: ! haye~_,q.uoted one paragraph below, but I have attached the entire question and answer as Composite Attachment 2' to this letter...· Lely Resort Task Force c./o Kenneth J. Drum July 13, 2001 Page Three No highway improvements other than the "internal" artedal system mentioned below will be necessary as a result of this development. The developers will construct approximately five (5) miles of artedal 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 o~er 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: 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 dev61oper 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 vadous segments of the internal roadway between 1990 (Phase I) and 2025 (Phase VIII) (see Composite Attachment 3). In conclusion, based on the development 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 part of tl'~e 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~ITIGATE'~Lely Resort~7-13drum mmmm Arterial Collector · · · · · · · : · · · · Local Street 74 A.31.F! Q.3!.F. Based on pro~ected trips as shown in (E) above, what modifications in the highway ne:york (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 for any portion of these improvements? A.31.F. Analysis vas made of travel volumes and operations significantly impacted. In determining what improvements will be required due to the impact of this development,, it vas assumed that all highway network improvements re- quired by non-DRI traffic viii be provided. The follo'.~ing additional improvements viii 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. &l, C.R. 951, Rattlesnake Hammock Road and St. Andrews Blvd. wouId constructed when needed. In order to maintain adequate capactiy over time and provide optimum safety, entrances to the site viii be constructed with 24 ft. approaches (i.e. with left turn lanes) as a minimum. The developer viii pay for signalization at the project'~ 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 facili-ties, wi-Il be built p.'imarily to serve the land uses within the development, they viii indeed become a part o[ the County's arterial system. By providing commercial and recreational land uses within the site, trip lengths in the immediate area vii1 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 .'~veloper's expense. L Any complete and objective eval,~ation of the trans- portation impact of the Lely Resort development must in-. clude the evaluation of posit:ye as veil as negative impacts. Obviously, more money will he required to pro- 31 -37 / ¢ vide and maintain an adequate transportation set,vice, in this part of the Naples urban area than if this site should he 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 hOC 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 co the residential areas which will utilize them. Almost 65I of the 62,921 total external trips generate'd 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 Countiy 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 continue to pay into the several transportation-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. ZOO2- 31-38 Rattlesnake Hammock Road 400 000 LELY ESTATES Figure 31-20 INTERNAL TRAFFIC Year 10 (1995) End of Ph:~ce II 6800 83001 2300 4000 10o 31-30 1000 4800 8000 1200 $100 8400 1800 0oo 1700 800 800 Biff, Ounlo~ · Aeeoclitee. Rattlesnake laOO 600 ~ eooo 8OO 600 Ha~,,,ock Road 3600'~ 4600--% 7000 140~ 10.700 2O 6300 8400 4000 200 oooo LELY ESTATES Figure 31-21 INTERNAL TRAFFIC Year 15 (2000) End of Phase III 7600 6200 31-31 3400 1600 700 ! I* I Birr. DunloJ) · AiiooJetio, inc. Rattlesnake Hammock Road J ~o0o 200 1400 200  'eO0 O0 SO0 ~00 ~00 I0,~00 COO 1~,'lO0 7800 8300 7300 LELY ESTATES Figure 31-22 INTERNAL TRAFFIC Year 20 (2005) End of Phase IV I ~,400 BOO0 elOO SBOO 3300 1000 -N Burr. Dunlop & &uloolitol. Mo. Rattlesnake Hammock Road :0o 1100 1100 coo 10,100 13.700 14,000 ,100 LELY ESTATES Figure 31-23 INTERNAL TRAFFIC .Year 25 (2010) End of Phase V 2800 11o400 7800 5700 BOO 2500 Be00 3000 1100 Birr. Ounlop · Ailoci&t®l~ Inc. 31-33 Rattlesnake Hammock Road 8400 11,800 --"1 1,100 1400 ~eO0 BgO0 1400 eoo 2800 ~00 14,100 12.100 14,000 17,900 2400 leoE LELY ESTATES Figure 31-24 INTERNAL TRAFFIC Year 30 (2015) End of PhaBe VI 17,000 400 BSO0 msoo 400 0800 I Rattlesnake Hammock Road ---------- 18,200 1100 22.200 400 '~00 2200 'x 10,000 2200 1100 2100 800 2800 14,300 18.8oo 28,000 2~,000 28,300 19,600 18.700 ~400 T700 LELY' ESTATES Figure 31-25 INTERNAL TRAFFIC Year 35 (2020) End of Phase VII 27.400 12,500 27,600 20,000 6600 23,600 1300 Omrr. Oul~iOl) · Ailo¢litel. inc. Rattlesnake Hammock Road S;oo .12,400 11,200 12.200 20OO 2800 2800 ~oo 800 18,200 2800, 20,600 31,400 32°?00 10,e00 3000-'~ 17,200 8100 LELY ESTATES Figure 31-26 INTERNAL TRAFFIC Year 40 (2025) End of Phase VIII 2000 ~2 14,100 23,600 ~6,000 14.100 14,100 ~400 Birr. DunioO · Aliool&te8, LELY - A RESORT COMMUNITY STAFF ASSESSMENT REPORT March, 1985 TABLE OF CONTENTS INTRODUCTION LOCATION MAPS ' 3 APPLICANT INFORMATION AND DEVELOPMENT SUMMARY .......... REGIONAL RECOMMENDATIONS ............................... 8 APPENDICES: STAFF REPORTS AND SUPPORT DATA ............ 19 I. REGIONAL ISSUES ............................ I-1 II. A. DRAINAGE/WATER OUALITY ................. I-1 B, ENERGY ................................. I-6 C, HURRICANE EVACUATION ................... 1-12 D. TRANSPORTATION ......................... 1-14 E. VEGETATION AND WILDLIFE ................ 1-28 .F. WETLANDS ............................... 1-31 III. DRAFT A. EDUCATION .............................. II-1 B. FIRE PROTECTION ........................ 11-3 C. FISCAL .............................. .... 11-4 D. HEALTH.CARE ............................ II-§ E. HISTORICAL AND ARCHAEOLOGICAL SITES .... II-6 F. HOUSING ............. ~ .................. II-7 G. POLICE ...................... II-10 H. RECREATION AND OPEN SPACE .............. II-11 I. WASTEWATER MANAGEMENT .................. 11-12 J. WATER SUPPLY ........................... 11-12 DEVELOPMENT ORDER .................... III-1 IV. REPORT OF THE FLORIDA GAME AND FRESH WATER FISH COMMISSION ........................... IV-1 REPORT OF THE SOUTH FLORIDA ~ATER MANAGE- MENT DI~.TRICT ............................. V-1 iii INTRODUCTION The "Lely-A Resort Community" Development of Regio~n~t I~pact 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 '~0' 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 hcheduled 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, Florida Statutes ) for all DRIs. The impact assessment for the "Lely-A Resort Community" DRI has f ~u prepared by the Southwest Florida Regional Planning Council ~s required by Chapter 380, ~lori~ 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 element~ ~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 Feviewed by the Department of Transportation. The ADA 'was also reviewed by the State Bureau of Land and Water Management and the Florida ~ame and Fresh Water Fish Commission. 'The Council staff's assessment is sptit into regional and local issues. The regional issue'~ 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 ac[ions to be incorporated into a Development Order, should the local government decide to approve the project. 'For some issues, the analyses (included in Appendix II) indicate that no significant impact will occur. As a result, no reference is mad ~o 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 recolmendations are not intended to foreclose.or abridge ~he legal responsibility of local government to act pursuant to applicable local laws and ordinances. · !Copies of any "Development Order" (an order granting, denying, or ~gr~nt£ng with conditions an Application for Developmen~ Approval) ,issued with regard to the proposed development should be transmitted .to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs. II SARASOTA CHARLOTTE L - ' MNC Ct~orlotle .I GLADES .. /1 HENDRY ii ~Pinl R;d~e RILl - CR 896 856 Rodio Rd. Davis Blvd. SR 84 CR951 SR .~4 0 I 2 (MILES) SWFRPC, 85- RNC LELY RESORT DRI ! APPLICANT INFORMATION AND DEVELOPMENT SUMMARY ~RR~cant Information Project Name: ApPlicaut: Dat~ on Which DRI/ADA was received: · D~te on which DRI/ADA was found sufficient: Lely-A Resort Community Richard L. Klaas 5101 Tamiami Trail, East, #202 Naples, FL 33962 May 24, 1984 December 30, 1984 Date on which local public hearing notice was received: County DRI hearing date: February 11, 1985 April 16, 1985 Type of Development: Residential/Commercial Location of Development: DRI Threshold: Development Summary: Collier County Residential - 1,000 units Co~mercial - 400,000 sq.ft. 40 acres 2500 parking spaces Residential - total units gross density total population 10,000 3.8 units/acre 24,000 approx. Commercial - total square feet total employment Resort Center - · Total acres: .Estimated average potable water demand:* 1.08 million sq.ft. 3,59O 315,000 sq.ft./350 rooms 2,892.5 acres 2. 149 MGD Estimated average nonpotable water demand:* 4. 158 M/iD Estimated average daily sewage generation:~ Major Roads Impacted: Project Construction Period: * At buildout of project 5 2. 149 MGD ~ US 41, SR 951, CR 951, CR 864 40 years I /~,~ ' APPLICANT INFORMATION AND DEVELOPMENT SUMMARY ~!cant Information Project Name: Apvlicant: Date. on w*hich DRI/ADA was received: Lely-A Resort Community Richard L. Klaas 5101 Tamiami Trail, East, #202 Naples, FL 33962 Kay 24, 1984 Ddte on which DRI/ADA was found sufficient: December 30, 1984 Date on which local public hearing notice was received: County DRI hearing date: February 11, 1985 April 16, 1985 Type of Development: Residential/Commercial Location of Development: DRI Threshold: Development Summary: Collier County 'Residential - 1,000 units Co~mercial - 400,000 sq.ft. 40 acres 2500 parking spaces Residential - total units gross density total population 10,000 3.8 units/acre 24,000 approx. Commercial - total square feet total employment Resort Center - T~tal agres: Estimated average potable water demand:* 1.08 million sq.ft. 3,590 315,000 sq.ft./350 rooms 2,892.5 acres 2.149 MGD Estimated average nonpotable water demand:* 4. 158 Estimated average daily sewage generation:* 2.149 NGD Major Roads Impacted: Project Construction Period: * At buildout of project 5 [IS 41, SR 951, CR 951, CR 864 40 years ~~.~~~_~ LELY RESORT COMMUNITY LAND USE ·SUMMARY ~ ~ UNITS SYH.__.._BOL DESCRIPTION COMMERCIAL sq. APPROXIMATE ACREAGE C-2 C-3 GC EC CC RC CO PR L PA Residential 10,000 Commercial/CommunitY - Commercial/Professional - Commercial/Neighborhood - Golf Course - 3 @ 18 holes - Edison College-2500 students - Cultural Center-1850 seating - Resort Center-350 rooms - Conservat ion/Ope~-Space - Cypress Preserve Lake Park Major Collector Minor Collector .Local Road .TOTAL DEVELOPMENT NOTE *l: 380,000 280,000 420,000 1_, 328 38 '30 46 470 ' 50 50 50 192 170 310'1 12 66 50 3O 10,000 1,080,000 ' 2,892.+ o 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. 6 LELY RESORT COMMUNITY LAND USE ·SUMMARY S y4%B OL DESCRIPTION COMMERCIAL APPROXIMATE UNITS SQ. FT. ACREAGE' C-2 C-3 GC EC CC RC CO PR L PA Residential 10,000 Commercial/CommunitY - Commercial/Professional - Commercial/Neighborhood - Golf Course - 3 @ 18 holes - Edison Colle§e-2500 students - Cultural .Center-1850 seating - Resort Center-350 rooms - Conservation/Ope~ Space - Cypress Preserve - Lake - Park - Major Collector - Minor Collector - Local Road - TOTAL DEVELOPMENT 380,000 280,000 420,000 10,000 ~ 1,080,000 1,328 38. 3O 46 470 5O 5O 5O 192 170 12 66 50 3O 2,892.+ NOTE *[: 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. 6 - R (:()mmun i i y A I{(::~or I (; () I11 Iii I.l ri ly ! I i I i ! 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: DRAINAGE/WATER QUALITY (Refer to Appendix I, Section A) A conceptual Surface Water Management Plan has been proposed that indicates that stormwater runoff from the project will be managed by a typical lake/swale detention system which incorporates a series of water quality "best management practices." Although the concepts proposed are sound~ the long-term implementation of the concepts was not demonstrated through the informatio~ provided. Therefore, more detailed information will need to be provided through the development review process to assure that the concepts are adhered to and that additional adverse regional impact will not occur. Further information is necessary in order to provide a full analysis of impacts. Any DRI Development following provisions: RECOMMENDATIONS Order issued by Collier County shall contain the a.. The drainage system for the "Lely" project shall implement the design standards and water quality "best management practices" outlined in the Application for Development Approy'al, response to Question 22, Drainage. b. ~ ?n on-going maintenance and monitoring program that regularly inspects, maintains and samples the stormwater drainage system shall be implemented by the applicanti or his successors, through project lifetime. c. The Development Order shall provide that prior to project construction, the' developer will provide the information specified within the · South Florida Water Management Dis'trict Impact Assessment report to the SFWMD, SWFRPC and Collier Count' for reiew and that a Conceptual Surface Water Managem%nt per~ri'~ shall be obtained from the SFWMD. Collier County's review shall be conducted according to the provisions of Chapter 380.~6(17), Florida Statutes . II i i I o ENERGY (Refer to Appendix I, Section B) · The proposed project would be an all electric-development Md- 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. RECO~ENDATIONS - Any. DRI Development Order issued by Collier County shall contain the · provision that the energy conservation features outlined in the Application for D~velopment 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. ~ ' Any 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 DRI Development following requirements: Order issued by Collier County shall contain the applicant's commitments tO provide shelter space at.pace development buildout, consistent with the standards (as minimums) on page 8 .of the ADA, First Sufficiency a. The with its contained 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 County's natural disaster plan, the role of the Lely Community, and the feasibility of 'residents remaining at home for certain storm conditions. TRANSPORTATION (Refer to Appendix I, Section D) Traffic generated by. the Lely Resort DRI, when combined.~Qith other growth in the area, will necessitate substantial roadway improvements, if level of service #C" conditions are to be maintained. Due to conflicts between the ADA and the MPOCs forecasts, the project's transportation study requires periodic re-examination, with the first re-examination ~eing a condition prior to the initiation of Phase III. RECOMMENDATIONS Based on the needs outlined in this document, any DRI Development Or~er 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 d~partment 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 r6ad segment exceeding capacity. Should more than two additional lanes be required to maintain.LoS "C" on a road segment during pro~ect buildout, the applicant shall participate iD 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 FDOTI, the applicant shall become obligated to pay a proportionate share'of the cost of signalization, turn lanes, and other improvemen~-~h 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 outlined above, but shall receive credit for any previous 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 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 th~ Collier County Engineering Pepartment, 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 ~n 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 MPO, 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 roadway improvements. The report shall 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. 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. Impac~ Fee___~s.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, this fee or assessment may be substituted. Payments already made by the applicant for these improvements may be credited toward the overall fee. be 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, Collfer · County is requested to solicit Council review of the alternatives prior to the Development Order being adopted. VEGETATION AND WILDLIFE (Refer to Appendix I, Section E) Several Rare, Endangered, Threatened and Special Concern wildii~e 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 C~llier County shall contain tP~ provision that the applicant shall implement detailed site inspectic 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 environmenta1 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 ~f Environmental Regulation, SFWMD, SWFRPC, and Collier County 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 areas will be destroyed, based on the above survey and application of the proposed wetland resource management guidelines° 3) Historic water levels to be maintained within wetland and review guide. ~reserves to serve as a design More ' 4w)il' maintain historic water (Placement and design of the adjustable structures, equalizer detailed information on how the water management system levels within each wetland preserve. I I I swales and culverts.) b. collier county's review shall be conducted according ~o the provisions of Chapter 380.06(17), Florida Statutes · 7. OTHER CONSIDERATIONS 'son Community college. The ADA el site plan includes a provision for a 5~-acre community The L y_ be donated to Ed1. roximately 25~0 · oicates u~a .. _ F.A.~. , ~'~' ~ - ationa~ 2n . . .-~:~ter 27F-2, -7 ........ =t-secondary educ stuaents- ~'~ ..... ~ies t~a~ of Regional Impac~ sp=~ 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 Regional Impact. · RECOMMENDATIONS Any DRI Development order-issued 'by C0~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 ~lan approval. ,8. GENERAL CONSIDERATIONS In . the ADA for the NLely" DRI, numergus commitments were made by th4 applicant to mitigate project impacts. Many but not all of these commitments were listed in this staff assessment- RECOMMENDATION~ Any DRI Development ~'Order issued by collier county shall contain the provisions that: a. All commitments and impact'mitigating actions pro¥ided by the applicant within the Application for Development Approval {and supplementary documentS) that are not in conflict with specific conditions for project approval outlined ~bove are.officially adopted as conditions for approval- .... ~hall submit an annual report on the Florida Regional agencies as required in Chapter · Development of Regional Impact to Collier county, t~e S~ut~west ~ Planning Council and all affected permit 380.06 (16), Florida Statutes · F: b.C U M i'v DATiO N S SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS I'T IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO THE FOL- LOWING CONDITIONS: 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. FIRE PROTECTION (Refer to Appendix II, Section B) The proposed development lies within the service area of the East Naples Fire Control District. station range from 4-5 minutes minutes to the south entrance. Department Chief, states that additional 2-man engine company. Response times from the closest to the north entrance to 5-7 Jim Billman, East Naples Fire Lely sill create the need for an 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 ~f fire protection created b~ the proposed development. Such an equitable share might be the donation of the fire fighting equipment for the 2-man engine company that will be necessitated by Lely's construction. . . 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 ~nnRr~nt that most future emolovees of the development, and indeed, most Collier County resident families, could not '~ffo~rd to purchase a home in the development as it is currently planned, unless they possess substantial assets i~ addition to wage income. RECOMMENDATIONS Any DRI Development Order issued by Collier County should ~ontain. a prdvision that the developer include an appropriate number of dwelling uni. ts affordable by median income County residents as well . as prospective employees of the proposed office and commercial establishments. TRANSPORTSTION (Refer to APpendix I, Section Traffic generated by the Lely Resort DRI, when combined wi'th 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. RSCOMMS D O S Any DRI Development Order issued by Collier County should contain th, 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: CR 864 from the Lely north arterial entrance west to County Barn Road. ~ CR 864 from County Barn Road to US 41 (2) 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 DRI 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 ave'rage costs for the same type of improvement. Payment of the applicant's proportionate share should be due upon com~enCemen of construction of the roadway improvement. At ~he 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 I I I I I i i. i i i '"C" on a road segment during project buildout, the applicant 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. Oatlined 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 8ngineering Department. To this end, the applicant should submit an annual monitoring report to the Collier County Rngineering Department, the Collier County/Naples MPO, FDOT, 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, FDOT, 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. ', ~~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 arid 4.158 MG~ of nonpotable water. .Any DRI Development Order issued by Collier County should contain the following provisions: a. The applicant shall obtain a Water Use Permit for groundwater. withdrawals from the South ~lorida ~ater 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, ~!~ ) c. The applicant shall consider water-conserving features in zoning, and native and/or low water use plants and turf. TRANSPORTATION The Lely Resort DRI is located on' 2892.5 acres bounded on two sides 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 Naples Manor developments. SR 951 extends from US 41 at the border of the Lely development south to Marco Island. a. Applicant Estimate - ' ' The DRI traffic was projected using trip generation rates from the Institute' of Transportation Engineers (ITE), ~Ei~ g~D~E~i~D~ Third Edition, 1982. These rates were then applied to generalized land use categories which were phased to occur in 5-year Periods over the forty year buildout of the development. The applicant estimated thai' the project would generate a total of 94,159 average daily vehicle trips at completion in 2025. Commercial, recreational, and employment facilities within the project would retain 31,238 daily external trips.(1) (33.2~) trips with 62,921 (66.8~) Projections of future total traffic volumes On existing and' proposed highways in the area were based on an analysis of available data, including traffic volume records of the Florida DOT for the area over the past six years and the 1980 Traffic and revenue Study for iR 951. Background volumes on SE 951 were projected at an annual rate of 3.5~ and other traffic in the impact area was projected at an average annual rate of 3.0~.(2) 'DRI traffic was assigned to the highway network in the primary impact area with CR 951 receiving the greatest loading of 15,400 DRI trips at buildout, on the segment at the northeast border of the project. CR 864 was projectedLto receive 9,600 trips'on the segment just east of Santa Barbara Boulevard, and US 41 would receive 8900 trips on the segment just east of the junction with the proposed Lely north/south arterial. The existing traffic conditions and the applicant's projections of total traffic in 1995 and 2025, as well as 2025 internal traffic are shown in Maps D-i, D-2, D-3, and D-4. In determining what improvements will be required ~ue tO the impact of this development, the applicant assumed that all highway network improvemen'ts required by non-DRI t~affic will be provided by some agency. Except for intersection improvements at the project's entrances and the project's "internal" arterial system, no highway improvements would be nedessary as a result of this development. According to the applicant, road improvements ..;+hl. ~h~ development will obviate the need for improvements to t4~P D-]- LELY ESTATES Figure 3 1-1 EXISTING TRAFFIC CONDITIONS Volume Relationships · 000 - ADT · CR ; (87N-238) - Polk br. · d~Rllonal 74~T 11 '- 11 - BDA oo~t .09 -- ~ ~ 16.6eo 21 -.2/ - Bo'A oe~t (8.E-O2W) 4/ - F~",i8a Gob C ;ate = .'t6,091 21 · . ~415 41 ~ o ' .0O (07N=S38) [ '~ 32,178 31 .... Rood ~ )1 · .oo ~ 856 % I(:0"-418) 62314' " 6804 11 .  ~ D~Is Blvd. _ 4008 41 NAPLES SR 84 /sos 11 ~ 24,821 41 4666 ~1 ~114 81 ~ -" -.OO .10 1~67 11 20,383 41 21,040 41 CR 4000 31 0OOl 31 · .00 14.400 31 .08 (48E-S4W) 12,544 41 7680 31 12.113 al .o8 11,166 41 H~> D-2 LELY ESTATES Figure 31-12 PROJECTED DRI & TOTAL Year 10 (1995) End o! Phase Ii TRAFFIC 4 :~8,i00 (~00) ,40.000 (: 4:1,2oo (400) ~,3,7oo ? EO0 pkwy. $oo (Too) soo ¢1oo) 1goo (soo) { 1 ( ~ oo) (ZOO) &SO0 (&oo) TO0 000) (OOO) ORI AD7' .000 'TOMB ADT JO0 (400) T200 84 0300 (200) 44.600 4S.100 (1100) (800) Figure 31-18 PROJECTED DRI *& TOTAL Year 40 (2025) End of Phase VIII TRAFFIC (ooo) DIll A0T 000 Tobst ADT (400) IAPLES (2200) 46.J00 (28OO) S ~.$00 (7600) 140700 886 (1800) 17.60 48,200 10o 0o) 82.d00 (SOO) 856 1~,100 (200) 16.100 (1eoo) 8' JO0 12.S00 (IO00), ¢0oo) 8000 4J, Q0) (20oo) (s'SO0) 18,00o C12o800) SR 84 (1700) 6800 110000 (180400) 20.1OO (70QO) / · _ NAZ~ D-4 Rattlesnake Hammock Road .... "=a--aK e Hammock F ' / -- ~200 ,, 11 12,200 200 2800 LELY ESTATES' Figure 31-26 INTERNAL TRAFFIC Year 40 (2025) End of Phase VIII 16,200 2800 800 Sooo 14.100 31.800 20,800 .11,400 --32,600 14,100 14,100 2400 10,000 1]',200 8800~ BO00 / 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_ 2and 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. It'must be clearly stated, however, that this summary represents only 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 commerc£al land use categories indicated in the ADA will allow a · 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, and 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 Transp°rtation 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. Traffic - determine total average weekday trip ends and agrees with the use of 90% occupancy for single-family residential and 80% occupancy for multi-family residential uses. After applying these rates to all proposed land uses in each phase and subtracting those trip productions that will be satisfied by on-site trip attractions, the staff arrived at a total trip generation for all phases of 121,035. While the staff generally agreed with the applicant's allocation of generated trips by purpose, it disagreed with the applicant's internal/external split, feeling that the applicant significantly underestimated the number of trips that would be satisfied off site. Based on the number and location commercial, recreational, and employment opportunities proposei within Lely resort DRI, a total of 14,591 average daily tripf would be internal at project completion. 'External tripl calculated by the staff were greater than the applicant indicate~ on ADA page 31-17 by a factor of 1.69. Non-DRI Traffic - Rather than using projections of future land uses and populatio since NATS zonal data was not available at the time, th applicant used growth rates of 3 to 3.5 per year based on recen FDOT traffic counts in the area to project traffic volumes. After applying these rates to'existing traffic counts in the are to project total future traffic, the applicant subtracted tb projected DRI volumes from this total to derive projecte background traffic. The staff disagrees with this methodolog and believes the DRI traffic should be considered iD to projected existing volumes, particularly ina rather isolate tract such as this. . When the Naples Area Transportation Study projected corrid~ traffic volumes for 1995 are compared with projections made ! the applicant for the same road link, there are significal differences as shown in Table D-1. While NATS figures represe: future demand which could be satisfied on more than one roadwa' comparison of NATS 1995 Corridor Volumes with Map 0-3 from t ADA, indicates that for certain road links, NATS 1995 volumes a greater than those projected by the applicant for 2025, a fu thirty years later! Directional Splits and Road Capacity - The staff agreed with the applicant's assignment of DRI' traff to the highway network, use of UTPS roadway capacities, peak he ratio, and directional split on links in the impact area. Anticipated traffic conditions on regional and local.Poadways the end of Phase II (1995) are presented in Table D-2. Only segments receiving 5% or more of their projected average traffic from the Lely Resort DR! are included. BRI trdffic total projected ADT by road segment are also illustrated on ~ D-5. Total traffic corridor projections ~re taken from Techni' Memo #3 of the Naples Area Transportation Study. ADA/DRI con were adjusted to reflect higher staff trip generation. oo OlD elF" oo ,-I,-4 r-I ,-4 000 000 000 ~,1 u'~ ~0 00000 0 0 0 O0 0 00000 0 0 0 O0 0 000 000 00000 0 0 0 O0 00000 0 0 0 O0 00000 0 0 0 O0 ~ 010 O0 o o 0 0o I 0 o o o o o 2 Remedial Action a. Applicant Estimate - The applicant makes the 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 par6els, as shown on the plan, connecting to US 41, CE 951, Rattlesnake Rammock Road and St. Andrews Blvd. would be constructed when needed. In order to maintain 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."(6) b. staff Estimate - In examining planned road improvements, the staff is primarily concerned that an improvement will be in place at the time that it is needed. 0nly roads receiving traffic from Lely during the first two phases that were Projected to be in excess of 5% of the road LOS "C" capacity were considered in Table D-2. Letters in the ADA from Collier County and the Florida Department of Transportation indicate that no substantial road improvements are funded in the impact area within the next five years. The staff believes that the proposed internal Lely arterial rqadways will provide relief to uon-DRI roads only if they are designed to lin} directly with arterials off site such as Santa Barbara Boulevarc extended. BY the end of 1995, segmehts will require DRI: Regional Segments - (1) US 41 from HendersOn the following regional and lo~al fDa widening, in part, due to the Lely Resor Creek east of SR 951, to CR 31 (.tirpo~ Road). " (2) SR 951 from US 41 south to Henderson creek' (3) CR 951 from US 41 to SR B4 (Radio Road)- Local Segments - Rammock (1) CR 864 (Rattlesnake north/south arterial to US 41. Road) from the proposed L~ 0 0 0 oC) ~ 0 o oO 1-23 ~ - o o c) o o ~ ~0 , ~nterseCti°ns - A Critical Movement : According to the ADA, below : intersectiOnS likelY' to "C" or .development of lelY- - operating at '.' are currentLY applicant for impacted bY Analysis was conducted by the the be significantly follOwing three the during intersections the peak hour: D Davis Boulevard (SR 84) and Airport Road {SR 31) E US 41 and Airport Road be US 41 and CR 951 interseCti°n's will The other - --s increase' Improvements to e Lely ~[~a equired sn°U[~fecting reg!° necessitated in th . o em~nt r · s o-- 951 .and of lmpr v _ intersect~°n project to CR timing and type ThoSe ' the the county Engineer' connecting include ell those raodways US 41. A~£1icant Commitment the p[v~ fund also 3. _ _ ..... _ ......... signalization at developer the commits to pay for will projeCt developer when warranted' The within The if and road network f arterial entrances the entire five miles o is no and construct approximately (7) There boundaries including the attached maP- facilities as indicated on improvementS' commitment to pay for external roadway ' rs of the Uncommitted costs - --al estimate in 1984 do}la .... ement~ ~abl~ D 3_ ~ orovtU= -" No attempt total costs '~ - of phase required by the end right-Of-WaY costS. cosTS ..... Generali ........... Cost ~ Length in ($1,000) Road segmentS/ Miles Improvements $652.8 ~om HenderSon creek to - SE 951 $8,,832'.0 , (Add two lanes to existing two laneS) 6.4 _ From SR 951 to 5R 31 (Add 2 lanes to existing 4 lane segment) ~.- Pine CR31 39300 ,R 856 5O7 49200 84 676 1183 21900 1859 389OO Redio Rd. Blvd. 676 O0 cRg~ 3380 338 178O0 17800 3O42 :36900 1352 3042 8800 56:5 16000 118:5 -- 16000 I014 90O 2 (MILES) SWFRPC, 8§- RNC LELY RESORT DRI PROJECTED 1995 DRI AND TOTAL TRAFFIC. LEGEND 118:5 DRI TRAFFIC 16000 TOTAL TRAFFIC 1-25 ,-. - MAP D-6 lane ell existing 4 lane segment) 951 us 41 to 84 (Ad~ 2 lanes to existing 2 lane segment) Local. Segments 6.84 $6,566.4 $2,688.0 CR 86~ - 2 8 -2 ~om intersection with ' Lely N/S arterial to US 41 (Add 2 lanes to 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. e Eeferences (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. DEVELOPMENT ORDER ~OR A DEV~_.~pMENT OF REGIONAL IMPACT LET IT KNOWN, THAT, PURSUANT TO SF~TION 380.06, OF THE FLORIDA STATUTES, THE (local governin~ body)_OF (_local ~ove~nt with )uris- diction), HAS HEARD, AT A PUBLIC HEARING CONVENED ON (_~ate of public ~, ~HE APPLICATION. FOR DEVELOPMENT APPROVAL FOR WHICH CONSISTS OF ~ TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE APPLICATION FILED BY (name of applicant(s)_, (owner--) (authorized re resentative), FOR SAID DEVELOPMENT- . WHEREAS, the (local ~overnin~ bodY)- o~ (~local government) has considered the report and reco~aendations of the Southwest Florida Regional planning council, the (local government)staff, the documents and comments upon the Tecord ~ade before the _(local ~overning body)_) of ~(local ~overnment)_, hereby makes the loll°wing Findings of Fact and conclusion of Law-. FINDINGS OF FACET 1. ~ and Le al Descri tion) 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 de.velopment plan applicable to the area. 4. The development (is/is not) consistent with the local l'and 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 ?ro~)ect A DEVELOPMENT OF REGIONAL /MPAC__T (File Number) LET IT KNOWN, THAT~ PURSUANT TO SECTION 380.06, OF THE FLORIDA STATUTES, THE (local ~overnin~ body} OF _(local ~overP__m~nt with juris-. diction), HAS HEARD, AT A PUBLIC HEAR/NG CONVENED ON _(date of publiC_ hearin_~), ~HE APPLICATION FOR DEVELOPMENT APPROVAL FOR WHICH CONSISTS OF (acreage) TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE APPLICATION FILED BY (name of applicant(s~), (owner) (authorized re resentative), FOR SAID DEVELOPMENT- WHEREAS, the (local ~overnin~ body) o~ (local ~overrunent__) has considered the report and recommendations of the SouthweSt Florida Regional Planning council, the (lo~-~1 ~overnment)_ staff, the documents and comments upon the record made before the _{local ~overnin9 of (local ~overnment)_, hereby makes the following Findings of Fact and conclusion of Law: FINDINGS OF FACT 1. ~ and Le al Descri tion) 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- L 3. The development (does/does not) unreasonably interfere with the achievemen= 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. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE ~loca! ~overnin~ body~ 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 (ap~licant~ 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 (loc____,al ~overnment), 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 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 ct~npliance with this Development order. 3. This Development Order shall remain in effect for a period ~f (t of ~ears) from the date of its rendition. In the event tha~ signifioar~ ~hysical development has not commenced within this time period, development approvaI will terminate and this development.order shall no longer be effective. F6r purposes of this requirement, nificant physical development" does not include roads, drainage or 1and'sc&ping but does include construction of buildings or installa%ion 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 III-2 CONCLUSIONS OF LAW NOW, THEREFORE, BE IT REsoLVED BY THE (local ~overnin~ body) OF (local ~overrnuent), in public meeting, duly constituted and assembled (date of public hearinq), that the Development of Regional Impact Application for Development Approval submitted by {applicant'~ na~), is hereby ordered (Approve~/Denied/Approved subject to the following conditions, res=fictions, and lim/tations): (INSERT THE APPROPRIATE CONDITIONS) BE IT FURTHER RESOLVED, by the (local ~overnin~ body} of (local ~overnment), that: 1. All conuuitments 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 Development Order shall r~main in effect for a period the event that. of (! of ~ears) from the date of its rendition. In significant physical development ~as not commenced within this time period, development approva! will terminate and this development.order shall no longer be effective. For-purposes of this requirement, 'sig- nificant physical development' does not include roads, ~rainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. ~, 4. The applicant or their successor(s) in title to ~he Subject property shall Submit a report annually, commencing one year'from the III-2 effective date of this development order, to the (local ~overnin~ 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 380.06(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 ~_he (local governing 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 were 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 (local ~overning body} 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- mitring procedures. DULY PASSED AND ADOPTED THIS DAY OF , .... · (local government) (Notary Public) III-3 effective date of this development order, to the (local ~overnin~ ~d___~, 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 380.06{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 o4 the following is present; a. A sUbstantial deviation from the terms or conditions of this development order, or other changes to the approved develop- m~nt plans which create a reasonable likelihoo~ of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning council; or b. A~ 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~ ~overnin~ body~ 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) ~Notary public) III-3 10/18/02 16:01 FAX 9416436968 COLLIER CO C0]i~'I.~ITY DE¥ 4001 COLLIER COUNTY PLANNING SERVICF DEPARTM _ _Nrr Date: October 18, 2002 Tlm~ Fax N.,,~_~r:. TT! *-910 To: Jim Mudd, County Manager Section: ¢o.rrent P]ann~§ Telephone ~1~3-2~0 T~ ~s ~du&g C~er S~t: ~ ~~o~ Re: ~ly R~t In response to you~ request for information on the Cultural Center and any required 6- lane improvements, I am sending you n copy o/the Land Use Table and the Transportation Cammi~ts. The PI~ indimtes that the Caltunl Cat~ is approved for 1850 seats on approximately 50 acres. Them is no specific time requirem~t for this f~'l~/to be built that l can F:mcl at this time. In addition, the Transportation Comm/hments do no~ indicate any requirement tv 6 lane any County Road. I will check with the Transpor~fion staff to see if they have any additional information. Please note that the Development Order document was ' checkL~ ollt. Ordze I track down flint file, I will check to see if the DO requires any &lane improvement. If you have any questions, please do not hesitate to mk. 110/18/02 16:01 FAX. 9416436968 COLLIER CO COWh~UNITY DEV ~002 LELY ltESORT COll~U~ql:'l'f LA~D USE SYMBOL DESCRIPTION . C-1 Commerc~al/CommunizY COMMERCLAL AFFROXI~ATE UNITS $ . PT- ACRE.AGE C-2 C-3 ¢C EC RC CO L 10,1~0 NOTE _ 1,3/,8 380,000 Commerclal/Ptoees·i°nat - 160,000 Commerc ~al/,'lc [ ghbo rho°d - 280 ,COO GoL[ Course- 3~ 18 holes - Ed[son Co[le~e-2500 students - / Cultural Centec-lS~O sea~[n~ -~ / ' ..... 350 rooms 315,000 ~gesort ~encet Cons erva: ton/Open Space CypreSs Preserve Lake ?ark and Elemen=ary School Major Collector Minor Collector Local 16 3O 5O 5O " 192 310*! '2 5O 3O TOTAL DEVELOPMENT 10,150 L,135,000 2,892.~ Approximately 236 acres of lake ate sho~n on :he ?ias~e Plan. The addicional 7~ acres of Lake will be included ~ 2-7 10/18!02 16:01 FAX 9416436965 COLLIER CO COiI~IJNI~ DE¥ 8.01 PffRPO$£ SECTION VI~ 'CC' CULTURAL CENTE~ The pucpowe oE chis Section is co sec [orth the .rmsulacions for the areas designated on Exhibit *H' Hascer Land l~se P~an, as ~CC~. 8.02 PEHMXTTED USES AND STRUCTUKE$: No build£n$ or scruccu£e or part chereoff, shall be erec£ed, mitered or used, or Lend or racer used, in ~hole or ia parc A) Permitted Principal Uses aud Scruccures A11 uses normally associated =ith a =ulcurai center including buc no£ limited co: 1) Performing ArC~ Cen~er, Theater, Audicor£um, Amph£- theetre~ Arc Galleries, Huseums, Lib£at~, Educat~on&i [aci~i~es, other uses o[ s£m£1er nature. 2) ~aCer ~aaasemenc facilities and essential services. B) Per mitt, ed Accessor7 Us~ and SCruc£ures: l) Accessory uses cusComar£ly associated princ£pa~ uses perm£tted £n chis disco[c:, 2) CareCekerrs cesidence. .03 ~) Of~Lces, ~i[= shops, resCaurincs. DEVELOPHENT STANDARDS I) ltlnimum S£~e Area: As approved under Section ?.0~ Yard Requirements: 50' ~om at! 'CC' :c~cC bound&ri~s [or prtnclpa[ mCruCCur~m. 20' [rom lake hanks &) Heximum heL~hc: I00~ · 10/18/02 15:0! FA][ 9416436968 COLLIER CO COiI~NITY ~ UU~ 5) l~inimuu Floor Area o~ pclncipal SCruc£ures: Otis rhousaad (1000) squar~ [ae[ per buLl,[nS ou 6) Distance beCvea~ princ~pa~ structures: I/2 the sum ot Cbc building heights oc 30' , ~h ~chevef 7) H~u~uum standards loc s~ns, park~nE~ l~hc'ing, and lands cap ~uK shaLL be ~n conEotuauce ~iCh ip~l[cab[e Collier County regular goes in efEec: at ~he :'~me permits are soushC. 8) L~8hting fac~LLc[es shaLL be arranged [n ~a manner vhich v[l~ protect toadvays and ·ne[ghboc[ng properties ~rom d~r~cc g~are or ocher ~r~oC tO ~raCC[ona~zac[on, a si~e p~au, ~or ~e crate shall be approved [~ ~ccor~a~ce rich Section 2.iA. 8-2 10/18/02 16:01 ~68 C0 COMMUNZTY DE,V tgi00§ TRANSPORTATION I) pro-raga or ga[~ share contribution Co the coo£s si im~rovln$ local ~ransporcation facilities, when such Resort Community's proportionate impact on such [acilicies, as parc o~ an area w~de ~unding program. includiugs but usc limiced co, impact fees, spec[mi ~axing dis£riccs, etc. Any donations, ded[cag£ous, or ocher re- quired contributions made b~ the pro~eet sponsors go the Councy'a Tr&usporcaC[ou ~ac[[£C[es shall be credited covards future proportional share assessments levied aKa[nsC the project, except for righ£-o{-~ay dedications listed under 8) below. 2) 3) Provision si a b[cycIe/pedes~r£an sys£em conuec~£ng al~ land ~ses, ~o be placed also8 all major and m~n0c collectors ~ichin the pro~ecc. This s~sCem is co ~e consistent with Collier Count? requriemencs. Unless four [an~ng has been comple£ed or is above [~ be.gin, ~e developer sha~ prov~&e separate I~[C and ri~h~ ~urn ~ane$ at all accesses alon~ ~a~leenake ~a~ock Road and Isles of Capri Road. The developer shal~ provide a ~a[r share contribution coward ~he capital cos~ of Cra££~c signals aC accesses CO Rattlesnake Haumock Road, Isles o~ Capr~ Road and Tam~am~ T~a~! when deemed' varrsnced by the County Engineer. The signals shall be owned, opera,ed and mainKa~ned by Collier County. 5) The developer shaI~ bea~ the fut[ ecsc :[ ell traffic signals which may become needed aC =he intersections w~£hin ~he project. 6) The developer sha~[ provide or ceLmburse the County for s£dewa~k/b~kepachs along all per~me£er roads co be phase~ Co correspond ~£~h =he development phases and £u~ure ro.~d wideuing pla~s, unless such ~mprovemen=s are /ucorporaced [oCS design pleas mad/or eIherna~[ve ~undlng meChods are available, Such as road impact lees. 7) The developer shall provide arterial level surest tLghc[n§ Chase unica vii1 be assumed by the CounCy at such c[me a's scree~ t[gh~LnE s~scsme are established etonK ~he -sade t~-3 FAI 941~436965 COLLIER CO 10/18/02 16 8) The developer shall ded£caCe 17.5 ~eet of eddic ~oua ]. righ~-o~-vay along t~,e south side o~ Rattlesnake H~ock ~oad and 2~ [~ec o~ additional ~ighC-o~-vay alon~ the Vest Th~n shall be done a~ the convenience o~ the developer or ~ben requested by cbc KounCy, ~hicbever occers [[rsr. 9) The County Trauspor£ation Department and the developer shall reach agreemen£ regarding alignments and' £nCerseccion configura£~ous ac the Kine sE re-examinaCioQ. pracCicee and transportation plann£ng principles end the Long-rinse planning needs off the County. Decailed rater uauagemenc construction plans shall be sub- m£Cced got approval co the County E~g£neer~q DaparCmen£' ' prior =o commeucemen~ of construction. Surface Weber HenageuenC ~ecm£cs sha~l be ~bta£ned frou the South Florida ~ace= ~anagement D[s~r£c~ pr~o~ ~o the commencemen~ of development. The vace~ manageme~ [or ~he Le~F Resort Commu~ shall [mp~emen£ water qua~L~y *'best management practices" ~o the extant possible. The [ollov~ug types a~ development will provide on-slOe racer management systems go cega£u the volu~e produced by ei£her the girsc inch of ruuof~ or the 3-year~ l-hour sgorm event, whichever is Steerer: cesideQ~ial uses except ~ypes 1, ~, a~d 3 (See Table IVA),C-1, C-l, and C-3 development parcels, EC, CC, aC, and PS development parcels. ~) ~aCer Nauagemenc Advisory Board ~eCer Nanegeueu~ adv£sory Board got review ou a phase bas~s as o~ttined in Khe DRX. Bo cons£ruct~on shall be tss~ed unless a~d until approval of proposed cons~r~¢~ion in accordance viCh c'he submitted plans is ~ran~ed by che LIHAB. COLLIER COUNTY MANAGER'S OFFICE January 21,2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 ~ Mr. Jim Kramer -~ 992 Plymouth Rock Ddve · Naples, FL 34110 · Re: Public Petition Request to Discuss Selective Non-enforcement of the Collier County Sign Ordinance Dear Mr. Kramer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 28, 2003, 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 concem 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 conta~ this office. Sincerely, -":'~James V. Mudd County Manager JVM/]b cc: David Weigel, County A.ttomey Joe Schmitt, CD&ES Administrator JAN 2 8 2003 'Jan l~ 03 lO:4Ba RemankRJa~ROL 941643?6?9 p.1 "Do not...regard the critics as questionable patriots. What were Washington and Jefferson and Adams but profound critics of the colonial status quo?" - Adlai Stevenson 6. PUBLIC PETITION Jammry 28,200~ Selective non-enforcement of Collier County ordinances. Respectfully, Jim Kmmer 180 Cape Sable Dr Naples FL 34104 239.450.2771 remarKRJ~aol.com Page 1 of 1 ochs_l From: ochs_l Sent: Tuesday, January 21, 2003 11:36 AM To: 'RemarkRJ~aol.com' ~c: mudd..j; bodinejudi; brock_m; walsh_b Subject: RE: Public Petition Request - Jim Kramer Th~nk you for the reply. Based on your response, you will be scheduled for heating under Public Petitions to diSCuss.selective non-enforcement of the Collier County Sign Ordinance on January 28, 2003. I will fa_x you the standard confirmation letter later today. -----O~inal Nessage--- From: RemarkRJL/~aol.com [mailt~:RemarkR.]@aol.com] Sent: Wednesday, .lanuary 1S, 2003 6:22 PH To: ~liergov.net Subject: Re: Public Petition Request - .lim Kramer I understand the pressure you must be under to disqualify me from presenting these public petitions by the new chairman. He signaled his intent last year when he told me to "PAY THE BILL, AND MOVE ON." That was in reference to Ordinance 99-38. Yesterday, Jim Mudd referred to selective non-enforcement of the sign ordinance for those businesses with neon. While there is no county ordinance governing the "sunshine law", you probably know that I have filed a complaint with the State's Attomey over your letter to me dated 16 October 2002. Selective enforcement is also the subject of that dispute. Similarly, I have yet to receive the second refund check for my overpayment of fees for video of the BCC meetings. Selective enforcement?. You tell me. Tell the chairman that there is about 25 meetings left during his reign. He probably already knows that I moved into his district on 3 January. As Adlai Stevenson said, "Do not...regard the. critics as questionable patriots. What were Washington and Jefferson and Adams but profound critics of the colonial status quo?' cc: Naples Daily News, WINK-TV, News-Press, Danny Schryver, Investigator Schott , JAN 2 8 2003 1/21/2003 Page 1 of 1 -- ochs_l From: RernarkRJ~aol.com Sent: Wednesday, January 15, 2003 6:22 PM To: LeoOchs~icolliergov. net Subject: Re: Public Petition Request - Jim Kramer I understand the pressure you must be under to disqualify me from presenting these public petitions by the new · chairman. He signaled his intent last year when he told me to "PAY THE BILL, AND MOVE ON." That was in re~Sa~:e to Ordinance 99-38. YeSterday, Jim Mudd referred to selective non-enforcement of the sign ordinance for those businesses with neort: While there is no county ordinance governing the "sunshine law", you probably know that I have filed a complaint with the State's ^ttomey over your letter to me dated 16 October 2002. Selective enforcement is also the subject of that dispute. Similarly, I have yet to receive the second refund check for my overpayment of fees for video of the BCC meetings. Selective enforcement? You tell me. Tell the chairman that there is about 25 meetings left dunng his reign. He probably already knows that I moved into his district on 3 January. As Adlai Stevenson said, "Do not...regard the critics as questionable patriots. What were Washington and Jefferson and Adams but profound cdfics of the colonial status quo?' cc: Naples Daily News, WINK-TV, News-Press, Danny Schryver, Investigator Schott 1/15/2003 ochs I FFom: Sent: To: Cc: Subject: ochs I Wednesday, January 15, 2003 4:41 PM 'remarKRJ@aol.com' mudd_j; weigel_d; bodinejudi Public Petition Request C:.-.-.-.-.-.-.-.-.~ Afternoon Mr. Kramer. OurOffice is in receipt of your public petition request for the January 28, 2003 BCC meeting, submitted by facsimile today. 'Before this item, 'Selective non-enforcement of Collier County ordinances", can be scheduled under the public hearing section of the.agenda, I will need mom details about the specific ~s you are requesting the Board to cons*~ler with respect to'enforcement of County ordinances. If additional details are not received, this item will not be plac~J under public pe~dons. However, you would certainly be free to appear under the Public Comment on General Topics section of the meeting'agenda. I look forward to hearing from you soon. RespecUully, Leo Oehs, Jr. Deputy County Manager Collier County Government (239) 774-8383 JAN 2 8 21103 EXECUTIVE SUMMARY PUDA-2002-AR-2803, KAREN BISHOP OF PMS INC., OF NAPLES, REPRESENTING WALNUT LAKES LLC, REQUESTING AN AMENDMENT TO THE WALNUT LAKES PUD HAVING THE EFFECT OF MODIFYING DEVELOPMENT STANDARDS IN TABLE 1 TO I~ROVIDE FOR A REVISION TO YARD REQUIREMENTS, SPECIFICALLY TO REDUCE THE' 10-FT. SIDE YARD SETBACK FOR SINGLE-FAMILY DETACHED DWELLING UNITS TO 6 FEET FOR ONE-STORY HOMES AND 6 FEET FOR TWO STORY HOMES; AND TO REVISE THE MASTER PLAN TO ELIMINATE THE GOLF COURSE AND THE SITE SPECIFIC NATURE OF A POTENTIAL ASSISTED LIVING FACILITY, FOR PROPERTY LOCATED ON THE NORTH SIDE OF US-41 AND APPROXIMATELY 2.5 MILES EAST OF C(~LLiER BOUL:"VA,~D (CR-951) IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners approve a rezone from PUD to PUD for the purposes of amending the Walnut Lakes PUD (Ordinance Number 01-70). CONSIDERATIONS: The currently approved 204-acre Walnut Lakes PUD was originally rezoned to PUD on November 27, 2001 and allows a mix of single family and multifamily dwelling unit types. This PUD currently permits 612 residential dwelling units at a density of 3 units per acre. The petitioner is now requesting an amendment to Table I, Development Standards, to provide for a revision to yard requirements, specifically to reduce the 10-foot side yard setback for single- family detached dwelling units to 6 feet for one-story homes and 6 feet for two story homes, and to revise the Master Plan to eliminate the golf course and the site specific nature of a potential assisted living facility. FISCAL IMPACT: Since this petition is initiated as an amendment to the development standards provided in ordinance. Number 01-70, it will not change the previously determined fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact.(~n County public facilities. The County collects impact fees pdor to the issuance of building permits to help offset the impact of each new der :lopment 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. JAN 2 8 2003 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban Mixed - Use District, Urban Residential Sub- district) on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban Mixed - Use District permits a vadety of residential unit types at a .base density of 4 dwelling units per acre, subject to the Density Rating System. This designation also permits recreation and open space uses and community facilities uses, .~including assisted living facilities, at a density consistent with the Land Development Code (LD.C). Since the subject site is located within a Traffic Congestion Area, as depicted on th~ Future Lan§ Use Map and described in the FLUE, a reduction of one dwelling unit per acre from the base density of 4 units per acre is required and the site is also not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 units per acre. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. ENVIRONMENTAL ISSUES: Since this PUD amendment only changes the development standards and eliminates the golf course, it is not impacting the approved preserve areas as shown on the Master Plan. The petitioner is not required to submit an updated Environmental Impact Statement (ELS). As a result, the Environmental Review staff has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The original PUD petition was reviewed and heard by the Environmental Advisory Council (EAC) on August 7, 2001. The E^C recommended approval of the project by a 6 to 1 vote subject to staff's stipulation that the petitioner obtain all the required permits from the South Florida Water Management District and the Florida Department of Transportation prior, t° Site Development Plan approval. PLANNING COMMISSION RECOMMENDATION: The Planning Commission heard the petition on January 2, 2003 and unanimously rebommended approval by a vote of 7 to 0. There were no public speakers present for this Petition. 'PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDA-02-AR-2803 as otherwise described by the amending Ordinance and PUD Document included in the Executive Summary. 2 . ~ ~-~A~/~CH N ~1 D~ PRINCIPLE PLANNER REVIEWED BY: /SUSAN MURRAY, AICP - -~/ PLANNING MANAGER DATE APPROVED BY: ~~PH K. SCHMITT DATE ?MMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR PUDA-2002-AR-2803 3 ~A JAN 2 8 2003 AGENDA ITEM $-D TO: ~.. '. 'FROM/ DATE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES NOVEMBER 27, 2002 PETITION NO: PUDA-02-AR-2803, WALNUT LAKES PUD AGENT/APPLICANT: Agent: Karen Bishop Owner: PMS,/nc. of Naples 2335 Tamiami Trail N., Sutie 408 Naples, Florida 34103 Walnut Lakes LLC Saundry Associates,/nc., Manager 8610 Pebblebrooke Drive Naples, Florida 34119 GEOGRAPHIC LOCATION: The subject PUD is located on the north side of US-41, approximately 2.5 miles east of Collier Boulevard (CR-951) in Section 12, Township 51 South, Range 26 East. (See Attachments "A" & "C") REQUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purposes of amending the Walnut Lakes PUD (Ordinance Number 01-70). PUR?.OSE/DESCRIPTION OF PROJECT: The petitioner's proposed revisions change the development standards Table 1, modifying · yard and height requirements. Additionally, the Master Plan and text has been revised to eliminate the site-specific nature of a potential Assisted Living Facility and delete the go' t' course use. (See Attachment "D"). Attachment "DI' is the previously approved Master Plan (Ordinance Number 01-70). The proposed 204-acre-Planned Unit Development (PUD) is a mixed-use community that provides for the development of a total of 612 units of single family, multi-family and recreational amenities with lakes, open space, and preserve areas. SURROUNDING LAND USE AND ZONING: (See Attachments "B1 & B2") Existing Conditions: The subject site is currently vacant and is zoned PUD. Surrounding- North: East: South: West: Naples Reserve Golf Club zoned "PUD" allowing 550 units at a density of 1.5 units per acre. Land zoned "A" Agricultural, and the existing West Wind Mobile Home Park zoned "MH" Mobile Home. Tamiami Trail, Paradise Point R.V. Resort zoned Imperial Wilderness R.V. Resort zoned "TTRVC" An 80-foot road right-of-way and vacant land Agricultural. zoned "A" GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE) and Density: The subject property is designated Urban Mixed - Use District, Urban Residential Sub-district) on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, the Urban Mixed- Use District permits a variety of residential unit types at a base density of 4 dwelling units per acre, subject to the Density Rating System. This designation also permits recreation and open space uses and community facilities uses, including assisted living facilities, at a density consistent with the Land Development Code (LDC). Since the subject site is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, a reduction of one dwelling unit per acre from the base density of 4 units per acre is required and the site is also not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 du/acre -1 du/acre 3 du/acre Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed residential project at build-out in 2009 will generate approximately 5,674 weekday lrips and 540 trips during the PM Peak Hour. Based on staff's analysis of the TIS, the project trips exceed the significance test on US-41 at the project build-out but will not lower the level of service below the road's adopted level of service standard. As a resu]I_~ ~a~u~artm~ath'a' · . is consistent with Policy 5.1 and 5.2 of the Transportation Element. In..a~_~~~_~ petition US41 is currently a 2-lane arterial road with a current traffic count of 10,789 JAN 2 8 2003 objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminaling in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used' as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. ~ Each of the potential impacts or considerations identified during the staff review are · 7' listed under each of the criterion noted and are categorized as either pro or con, whichever · .th~ case may be, in the opinion of staff. The revie~v of each of the criterion is followed by · a summary conclusion culmination in a determination of compliance, non-compliance, or · compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should' establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future lanit use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. This criterion was reviewed in the rezone petition and approved November 27, 2001 with the original ordinance 01-07. Other evaluation, considerations should include an assessment of adequacy of transportation infrastructure, other infi'astmcture, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board of County Commissioners has reviewed similar rezone requests. Notwithstanding the above staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses: A discussion of this relationship refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for single and multi-family residential purposes, and in fact the subject property is near existing residential lands to the south and east. The PUD Master Plan illustrates a development permitting a mix of single and multi-family dwelling units. In addition, the proposed project density of 3 units per acre is consistent with the Density Rating System and is compatible with the future development plans for the area. Therefore, the subject residential project and its density are consistent with the Relationship to Existing Land Uses: The surrounding land uses of the adjacent properties are as follows: To the north is the Naples Reserve Golf Club that permits a golf course and 550 dwelling units at a density of 1.5 units per acre. To the east is an existing mobile home subdivision while the Imperial Wilderness R.V. Resort is sc US-41. To the west is undeveloped land zoned Rural Agricultural. Based 4 Sm o~r,~a~A ~ JAN 2 8 2lX)3 intensity and densities of the surrounding developments, staff is of the opinion that the... subject PUD is compatible with the surrounding developments. With respect to the matter of compatibility, this is an evaluation whose primary focus is the similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent 'land uses, the location of future dwelling units are to be designed with a common , architectural theme and with a maximum height of 35-feet. Since the properties to the east are developed with a 35-foot limitation, this petition is consistent with the adjacent development. The Assisted Living Facilities (ALF) shall front on the E. Tamiami Trail and shall not exceed a Floor Area Ratio (FAR) factor of 0.45 as provided for in Section · 2~.6.26.2A of the Collier County Land Development Code. The petitioner has not shown -the location of the ALF site on the Master Plan. Therefore, staff is recommending that the ALF be subject to the following: 1. The ALF parcel shall be no less than 2-acres in area. 2. Have a minimum frontage along U.S. 41 of 150-feet. 3. Provide a minimum separation of ALF buildings and structures of no less than 50-feet to adjoining lot lines. The amended PUD document also requires a rear yard setback of 20 feet for single-family detached dwellings and 10 feet for zero lot line units. Additionally, the amended PUD document requires a side yard setback of 6 feet for single-family detached dwellings and zero to a minimum of six feet for single-family zero lot line dwellings. This is similar to other zero lot line developments that have been approved in Collier County. Utility Infrastructure - The site is accessible to a public sanitary sewer and potable water supply within the fight-of-way of US41and shall be conveyed to Collier County pursuant to County Ordinance No. 97-17. This amendment will not change or adversely impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners (BCC) a recommendation of approval of Petition PUDA-2002-AR-2803 subject to staff'stipulations that are contained in the attached Ordinance and that the ALF be. subject to the following: 1. The ALF parcel shall be no less than 2-acres in area. 2. The ALF shall have a minimum frontage along U.S. 41 of 150-feet. 3. The petitioner shall provide for a minimum separation of ALF buildings and structures of no less than 50-feet from'adj oining lot lines. PRINCIPA~IrLANNER REVIEWED BY: ~~PL~G~AGER DATE DATE DATE APPROVED BY: J~ & ENVIRONMENTAL S~/VICES ADMINISTRATOR Collier County Planning Commission: DAT]~ KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the January 2, 2003 Collier County Planning Commission Meefin~ Tentatively scheduled for the Januazy 28, 2003 Board of County Co~i~ioners Meeting, Attachments: A- Location/Site Map, BI & B2 - Reduced Copies Zonin~ Map, C - Aerial Photo, D - Master Plan, DI - Old bias~ Plan WalnutI~c~AR2803DAS 1 ! 2702 6 JAN 2 8 2003 V' V ' !1'' ii'" " .-.., , . .tl t. . ;,. i,I I ~31-LLO ........ ONINOZ :NOI~3~I .LSVq Subject Property Walnut Lakes Aerial with Boundary ~o~ ~o ,.~ Aerial Photo Date: Jan. 2000 Kenneth P. Saun~y. Jr. T~u~tee 8610 pebbllblook D~= Naples. Floddl 34119 Van~sse D~ylor ATTACHMENT "C" ,] .?. [ ~ ~ ~ ~!' ~/~ · ~i JAN 2 8 2bu~ ILl REZONE FINDINGS PETITION PUDA-02-AR-2803 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: t. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elemen_ts of the Growth Management Plan (GMP). Development Orders deemed consistent with all applicable elements of · the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. The proposed "PUD" Zoning District is in compliance with the FLUE of the GMP by meeting the Density Rating System as noted in the Staff Report. 2. The existing land use pattern; There do exist residential uses to the south and east of the subject site. (See staff Report) The adjacent residential zoned properties to the southeast and east are part of an existing mobile home and I ~'RVC subdivision. A portion of the subject site was previously farmed for a number of years. The site also contains some wetland areas, however, the site is part of the Deltona Settlement Agreement in which mitigation was approved. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed rezone is adjacent to the approved residential properties, to the east. The amendment to the PUD will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. 5. Whether changed or changing conditions make the proposed amendment necessary. JAN 2 ~ 2003 The subject petition is an amendment initiated by the applicant to Ordinance 01-70 that deals with modifications to the-development standards Table 1, as well as the Master Plan which has been revised to eliminate the site-specific nature of a potential Assisted Living Facility and delete the illustration of a golf course. 6. Whe.t.h. er th.e proposed change will adversely influence living conditions in the neighborhood. The currently approved development standards (i.e. setbacks and landscaping) will go a long way towards offsetting any potential adverse influences by the PUD on the residential areas to the east and south. The rs-adoption of the PUD will not adversely influence living conditions in the neighborhood because the development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential arsa. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed Incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent. In addition, this project when developed will not excessively increase traffic congestion. In the final analysis all rezone actions ars subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem. The Land Development Code specifically addresses prerequisite development standards that ars designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. However, as urban intensification in the absence of commensurate improvement to inter-county draina :je appurtenances may increase the risk of flooding in areas when the drainage ouffall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental a condition of approval. This project was reviewed for drainage 2 JAN 2 8 2003 relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and cimulation of air does not adversely affect adjacent areas. lO.Whether the proposed change will adversely affect property values' in the adjacent area: Typically urban intensification increases the value of contiguous underutilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values, property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. · Whether the proposed change will be a deterrent to th.e improvement or development of adjacent property in accordance with existing regulations: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a , deterrence to improvement of adjacent property. 12.Whether the pr.oposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed amendment to the Walnut Lakes PUD is located within the Urban Mixed Use District. Urban Residential Sub-district on the FLUE of the GMP. The PUD also complies with the other elements of the Growth Management Plan. These elements are public policy statements supporting zoning actions when they are consistent with said plans. In t of this fact the proposed re-adoption does not constitute a grar]['~~ ligh ' - ........ '-"- the FLUE is further determined Io b~~'l~ special privilege. L;onsts[ency w~t, __~. · public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed change to the PUD zoning district provides development standards that comply with the GMP and is in scale with the residential properties in the area. IS.Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. The extent of site alteration will be determined as a function of obtaining a Site Development Plan approved to execute the PUD's development strategy. 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. 'A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP.., The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels f 4 JAN 2 8 2003 service determined that required infrastructure meets with GMP established relationships. 5 FINDINGS FOR PUD PETITION PUDA-02-AR-2803 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development pattems produces economics of scale relative to public utilities and facilities, which are currently available in this area. Development of land that has legal access and is adjacent to. existing residential uses is particularly suitable for a residential development. Existing neighboring residents often perceive new development as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and will be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operati~ln and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. JAN 2 8 2003 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The proposed amendments have been found to be consistent with the Growth Management plan (see Staff report). 4. The internal and external comp.atibility of proposed uses, which conditions may include restrict,ohs on location of improvements,- restrictions on design, and buffering and screening requirements. The subject 204-acre PUD has been approved with development standards that are consistent with the Land Development Code. In. addition, landscaping has been provided to buffer the adjacent residential tracts. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed PUD amendment will not adversely impact the timing or' sequence of development that is currently allowed under the existing PUD zoning. Furthermore, the adopted concurrency requirements ensure th'at further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 2 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that. such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This cdteda essentially requires and evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. 3 JAN 2 8 2003' PETITION NAME: RE-SUBMITTAL PUDA-2002-AR-2803 PROJECT #19991}022 DATE: 10/8/02 RAY BELLOWS DATE: APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT CObl~IUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES _ . Name of Applicant (s) WALNUT LAKES LLC, SAUNDRY ASSOCIATES, hNC. AS MANAGER_ Applicant's Mailing Ad&ess 8610 PEBBLEBROOKE DRIVE City __NAPLES State FL Applicant's Telephone Number:Res: Is the applicant the owner of the subject property? [] Yes Zip 34119 Bus.:_(941) 3540618 [] No [] (a) [] Co) [] (c) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a pubLic corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited parmership or other business entity, so indicate and name principals below. [] (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if a~y. [] (e) If applicant ifa lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. [] (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and ad&ess below. WALNUT LAIRS LLC, SAUNDRY ASSOCIATF-,S, !NC. AS MANAGER 8610 PEBBLEBROOKE DRIVE, NAPLES, FL 34119 (If space is inadequate, attach on sep~arate page.) 2. Name of Agent~KAREN BISHOP Firm PMS-INC. OF NAPLES Agents Mailing Address City NAPLES Telephone Number: BUS.: 435-9080 2335 NORTH TAMIAMI TRAIL, SUITE 408 PUD ORDINANCE NAME AND NUMBER: WALNUT LAKES, 2001-7'0 "' · DETAILED LEGAL DESCRIFIION 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. Ifproperty is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). ~" THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF Q~IONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 12 TOWNSHIP SIS RANGE 26E~ Address or location of subject propertymlS063 to 18071 East Tamiami Trail North side of East Tamlami Trsil approximately 2.5 miles east of Collier Boulevard opposite Creative Drive and Imperial Wilderness ILV. Subdivision 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (Ii'space is inadequate, attach on separate page). N/A 7. TYPE OF AMENDMENT: [] A. PUD Document Language Amendment [] B. PUD Mas.ter Plan Amendment [] C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: [] Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME~ __WALNUT LAKES PUD PETITION #:__PUD-2001AR986 DATE: 11-27-01 10. HAS AHY PORTION OF THE PUD BEEN [] SOLD and/or [] DEVELOPED? NO ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? [] Yes [] No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). 4359082 pHS,INCl" NAPLES B4/89/2802 B3: 3i I~OTARY pUBLIC pUD/DO AppUcadon 3/2002 · APR-15-2002 lION 01:45 PIt G~LICK STETLER PEEPLE$ Barden F, quides Kenneth P. Saundry, Jr. Raymond O. Antos, Trustee ~ames A. O'Conilor, Trustee Karen Rosborough Dcbbie parkhurst lohn Patkhurst BeckT Mardni Peter Saundry Dean Rochelcau Total # of Voting 285 0 o 0 o 0 0 o 1 I' 570 !. FRX N0, 9415978984 # of Non-voting Percentage Llni= late~ 90 37.50 90 37.50 6O 6.00 30 3.00 3O 3.00 3o 3.00 30 3.00 3O 3.00 3O 3.00 10 1.00 430 100% O2 ! i: i JAN 2 8 2003 President Vice president Secretary Treasurer \~Tapnt01~NapDocs\Clients\Walnut Lak~, (v~ion.4).DOC FhX HO. 9415976984 Exhibit "C" i a Florida qorporauon None lqoae ! lqo~e LLC OO~Oklncorporation O01\Operating J P. 03 Agree ,ment Pleasu complcto the follosing ~ submit to tlJe Address~ Section for Review. Not all it~ w~[I fix~!v to evn'v Droiect. Rems in bold tyne ate ~e~u~Fe~. 4. Location map, show~ exact location ofproject/s~e in re]fttion to nesrest public road ri~,ht-ot'-way $. ~opy ofsurv~, tTs'EEDED ONLY FOR UNPLATTED 7. Proposed Street names (~a.i~licabl~) 8. ~itc Dcvelopr~nt Plan Numb= (POE EXISTINO PROJECTS/SITES ONLY) SDP - 9. Petition T]q2;-- (Complete a separatc Adgrc~n~ ~ ~ each Petition Type) 10. SDP (Site Development Pla~) SDPA (SDP Ame~xtm~tQ SDPI (SDP lnsubstnntlsI Cha~e) F'] sip (site Impmvemem Plan) E] S~A (SmAmendmenO [-] ~. ($u~¢t Name (asn~e) VcSet~on/~:o. tto Cv'e~..Removal l*ermic0 Land Use Petition (V~nal U.se, - ~k)at Dock Ext., Re2ene~.) ~,~eq=~ PPL ('Plans & Plat PSi' (t~limin~ ~ ~ ~e ~~t) ZO~ .l~:P. · 0~eavatt~Pmntt) ~ (Vet,. Removal & Site Fill Permit) [~ O'.her - Describe: Project or developmen~ nsmes proposed for~ or air.dy appe~rin~ in, e.~rtdominium documents, (if' tppliceble; fndicue whether'pro, seal or mds'ttn8) · II. Plea~ Chcck Ozie~Checklist ts to ~ F~ Back ' . A~ing 13. Si~ on Che~%t d~ not use o Ly ~s N~b= ~ Ad~s N~b~ ~ Detailed Descri tion of Pro osed Chan es and Reason for Chan e Revisions to Text: Table of Development Standards: 1. Reduction in side yard requirement for single family detached from 10 feet to 6 2. feet. Reason: This standard is typical of most PUD'S. The client feels it is essential to maintaining the current authorized density as opposed to increasing lot size to - address marketing indicators for larger homes. 3. Revision to multiple family and ALF side yard standard to reflect same standard as that in the LDC. Reason: The additional language adds a dimension of greater restriction in that it assures that a minimum side yard of 15 feet will be retained. Whereas it is conceivable that one-half the building height could result is a side yard less than 15 feet. 4. Revision to rear yard for principal and accessory structures for ALF and multi- family. Reason: Unduly restrictive vis-a- vis LDC requirement, therefore affects our ability to maximize use of property while still employing standards that LDC advises is acceptable. 5. Revision to maximum building height for ALF and Multi-family. Reason: To acknowledge ability to do three story buildings which is achievable under current regulation but which regulation affects our marketing indicators that call for 9 and 10 foot story heights. The current regulation of 35 feet is unduly restrictive, considering that in most PUD's for multi-family housing. 6. Revision to distance between buildings: , Reason: This change makes the regulations consistent with that which would arise from the application of side yard regulations. 7. Revised footnote No. 2 to provide for measuring the vertical distance of structures to account for the differences in fiat ceilings and cathedral ceilings. Reason: To account for a market condition which encourages greater ceiling heights and cathedral type ceilings. 8. Revise footnote No. 3 to account for set back for parking structures located in front of multi-family structures. Reason: Lack of a provision regulating set back for parking structures in conjunction with multiple-family structures. i. JAN 2&T- RE.SUBMITTAL - ~ PUDA-2002 -AI~8_0_~]~. ~] PROJECT #199~ DATE: 10/8102 RAY BELLOWS Map Revision: The conceptual master plan is revised to remove the current specific location for an ALF should one be constructed to a location anywhere along the U.S. 41 E. E. Tamiami Trail'. This change remains consistent with the reason why the current regulation is illustrated which was simply to require the ALF if constructed to be readily accessible from U.S.41 E. The map is further amended to remove the golf course as a permitted use in the Co ~mrnon Open Areas Plan, Section IV. Because of this change, all areas shown as R/G on the · master plan are now shown R/C reflecting Residential/Common Open Space. To allay any eoneem that the sixty (60) percent open space requirement will not be met a footnote has been added to the text at section 2.3 to ensure that on or before construction of 300 dwelling units the developer will provide the County with factual material showing the manner by which the sixty (60) percent open space requirement is achieved. WALNUT LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MAS~F.R PLAN GOVERNING THE WALNUT LAKES PUD A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Walnut Lakes LLC., Saundry Associates Inc. as Manager 8610 Pebblebrook Drive Naples, Florida 34119 PREPARED BY: Karen K. Bishop PMS, Inc. of Naples 2335 N. Tamiami Trail Suite 408 Naples, Fl 34103 REVISED BY COLLIER COUNTY ON OCTOBER 3, 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL · 'EXttmlT A" - I - TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ? sECTION H PROJECT DEVELOPMENT SECTION HI RES~~ AREA PLAN SECTION IV COMMON AREA SECTION V PRESERVE AREAS SECTION VI DEVELOPMENT COMMITMENTS Page 3 Page 4 Page 5 Page 7 - Page 4011 Page. 15 Page 17 Page 18 -2- JAN 2.8 I.I~T OF EXH1B~ AND TABLES EXI~IT A: PUD MASTER PLAN -3- JAN 2 8 2003 STATEMENT OF COMPLIANCE AND SHORT ,TITLE The Walnut Lakes Planned Unit Development (PUD) consists of +/- 204 acres of land located immediately North of U.S. 41, approximately 3 miles East of Collier Boulevard (C.R. 951) in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier ~County as set forth in the County's Growth Management Plan. This compliance includes: '1. The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use-District · as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of , the Furore Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. The Urban Residential District allows for a base residential density of 4 units per gross acre less 1 unit per acre because the property is located in the Traffic Congestion Area. This results in a maximum density of three (3) dwelling units per acre. The Project development allows a maximum of 612 dwelling units on the gross project area of 204 acres, which results in a project density of 3 units per acre. The projected density is in compliance with the Density Rating System of the Future of the Land Use Element of the Growth Management Plan. The Project meets the intent of the Urban Residential Sub-district of the FLUE in that all the proposed uses and development standards are in compliance with guidelines as set forth in the Future Land Use Element. 8. All final local development orders for this Project ave subject to the Collier County Adequat6 Public Facilities Ordinance. -4- JAH2 8 2003 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION .PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the Pt!roject name of the Walnut Lakes PUD. LEGAL DESCRIIrlION The subject property being +/- 204 acres, is described as: O.R. 1203 PG. 1699 THAT PORTION OF THE WEST ONE-HALF OF S~ON 12, TOWNSHIP 51 SOLrrH, RANGE 26 EAST, LOCATED NORTH OF US HIGHWAY 41 (TAMIAMI TRAIL), AND THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. TOGETHER WITH ALL OF THE UNITS CREATED BY THE DECLARATION OF CONDOMI~UM OF NAPLES ISLE, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 596, PAGES 254 THROUGH 315, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE EAST V2 OF THE WEST ~6 OF THE NW ~A OF THE NE % OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, EXCEPTING THRE NORTH 30 FEET THEREOF, WHICH IS RESERVED FOR ROAD PURPOSES, IN COLLIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: Kenneth P. Saundry, Jr., Trustee 8610 Pebblebrooke Drive Naples, FL 34119 The applicant is: Kenneth P. Saundry, Jr., Trustee 8610 Pebblebrooke Drive Naples, FL 34 119 -5- JAN 2 8 1.4 GENERAL DESCRIPTION OF PROJECT AREA The t~roject site includes portions of Sex:tionsl2, Township 51 South, Range 26 East. Generally, the Project is located immediately adjacent to and North of U.S. 41, approximately 3 miles East of Collier Boulevard (C.R. 951). The zoning classification of the subject property prior to the date of this approved PUD document was $ A.--:~.a ..... .~ r,~2 pUD. Planned Unit Development. PHYSICAL DESCRIPTION The project site will consist of a residential subdivision, assisted living facility and, service uses, a ~!::.z ~e!e ge!f ccu.~.e, maintenance facility and clubhouse. The proposed site utilizes a wet detention lake system for water quality and quantity storage. The control elevation is proposed as 4.0 feet NGVD. The Project is in the Henderson Creek Basin, therefore, the control structure will be designed to limit the project discharge to. 0.15 cfs per acre per Collier County Ordinance 90-10 requirements. The project is within FEMA Zone AE with a base flood elevation of 7.0. 1.6 1.7 PROJECT DESCRIPTION The Walnut Lakes PUD is a mixed use community that provides for the development of single family, multi-family and recreational amenities, inc!u~:.ng but net l:.rr-.l:l:e~ :c, agc, lf ~ Assisted living facilities and associated service space may also be allowed for development. SHORT TITLE This Ordinance shall be known and cited as the "Walnut Lakes Planned Unit Development Ordinance." -6- JAN 2 8 2003 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL A. Regulations for the development of the Walnut Lakes PUD shall be in accordance with the contents of this document, Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Walnut Lakes PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate 'Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRItrFION OF PRO,]ECT PLAN AND PROPOSF. D LAND USES A. The Project Mast ~r Plan, including layout of streets and various land uses for the project, is illustrated graphically by Exhibit "A,' PUD Master Development Plan. -7- 2 s TRACT (S) Residential TYPE OF DEVELOPMENT (RC) Residential '_'.~ o_,__ ,-, ..... ~ Common Open Space Plan* ACREAGE ~ 128ac 2.4 P Preservation / Open Space I Buffering and ± 63 ac Lakes Roads Rights-of-way ± 44. 13._.~ TOTAL ± 204 ac * Pursuant to Section 2.6.32.2 in residential developments at least sixty (607 percent of the ~oss area shall be devoted to o_m~n space as defined by this Code. The amount of o_ven space not included in any development tract is equal to 31%. The balance of 29% of. the open space requirement shall be met from each residential development as they are platted and or illustrated on approved site development pllms. The owner entity Shall monitor this residual open space requirement and shall submit documentation attesting to same prior to issuance of the first 300 dwelling units, and for each increment of 100 dwelling units thereafter. The current planning manager shall have the discretion to determine that each increment of 100 dwelling units has added an equivalent amount of open space so that a disproportionate share of the open space requirement does not fall on the remaining development tracts. The entire 60% or 122.4 acres of open space shall be accounted for and approved by the current planning manager prior to issuance of permits for the first 500 dwelling units. Any change in the amount of open space resulting from the final design of lakes, preserve tracts and other common open space tracts shall be accounted for in any consideration of the total open space requirement of 122.4 acres. Bo Areas illustrated as lakes by o..~n Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. The Master Development Plan (Exhibit "A") ~ conceptually illustrates proposed land uses_. C-~m~a-~s~, Minor modification to all '.rz.z::., lakes or other interior boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown i~ o..~n Exhibit "A," such easements, as necessary (u*'lity, F:'ivate., ~.". FuS!ic) shall be established within or along the various tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 612 residential dwelling units shall be constructed in the total project area. This includes all single family or multi-family units, each to be considered a single dwelling unit. JAN 2 8 2003 -8- 2.5 of residential uses converted to an ALF use, 3 residential dwelling units shall be subtracted from the maximum of 612. The gross project area is +/- 204 acres. The gross project density, therefore, will be 3 units per acre._ fc.- ec~:::.:'ale::.: '~ .... ": .....:'~ RE1.ATEI~ PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in' compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division in effect prior to the issuance of a building permit or other development order. D. The deveiopme~ developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall he required to submit and receive approval of a preliminary subdivision plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing pe,r~etual maintenance of common facilities. MODEl. HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted conjunction with the promotion of the development subject to the following: Bo One "wet" and four "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted lots. The project owner must apply for temporary use permits for all models. The models permitted as "dry" models must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not beloccupied unt~ad~ a permanent certificate of occupancy is issued. / ~' JAN 2 2003 I~.~:~ 2.8 The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fwe protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accomxxlates the runoff from the model home, parking areas, access road/driveway and Other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. D. All other regulations pertaining to model homes shall be consistent with applicable gsections of the Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. - 10- 3.1 3.3 SECTION m RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as (RC) Residential Tracts. MAXIMUM DWELLING UNITS The maximum number of residential units allowed within thc PUD shall be 612. This includes 8s_ingle F_family and Mmulti-F_family .units. An A,3s_ sisted /=,living F_facility (ALF) may be developed in lieu of residential dwellings. For every acre of residential' uses converted to an ALF use, 3 residential dwelling units shall be subtracted from the maximum of 612 dwelling units. USES PERMrVFED 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. Principal Uses: Residential single family detached dwelling units. The clustering or grouping of housing structure types identified in Section 3.3 of this Document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table 1 of this Document. Multiple family housing, including two-_family structures. Assisted living facilities (ALF) attached to a central facility or ddtached with on-site care. The ALl: uses ~ u-:.--, -- ~- .... - ~ -~ -,~-:----' '~- :.Lz ?.s-:-z:zr P'.--~ shall front on the F-~t. Tamiami Trail and shall not exceed a P_floor &area t~,-atio (FAR) of 0.45. Accessory Uses: o Customary accessory uses and structures, including private garages. tM~-k,~-eCo~n recreational amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts, boardwalks, and similar passive and active recreation.al facilities. ~Cr.J~A {]~__ Models and/or a sales center. -11- JAN 2 8 2003 3.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. B. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: 1. If the parcel is served directly by and is immediately adjacent,to a public right- of- way, the setback will be measured from the right-of-way line. 2. If the parcel is served by a non-platted, private drive, the setback will be measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, then the setback is measured from the road easement or property line, whichever is more restrictive. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. JAN 2 8 2003 Single Single Single Family Multi-Family Family Attached and ALF Dwellings Family Zero Lot Duplex Townhouse Detached Line . C~(egory I 2 3 4 5 6 Minimum Lot 6,000 SF 5,000 SF 3,500 SF *4 3,000 SF *4 2~,~.'2~'~ £? 20,000 SF Area 2 - Acres i~linlmum Lot 45 50 35 30 ~.~. 150-foot N/A Width *5 U.S. 41 Front Yard 2s *3 25.3 25 *3 25 *3 20 25 *~ Front Yard for Side Entry 10 10 10 10 N/A .1~ 10 C~rnge ~ ~ o u Side Yard ~ 6_ 0 or 6 *6 0 ~.= .".5.0 or 6 0 or .5 BH bu_~t 0.5 BH not less not ie~s than 6 ~0 feet than 15 Rear Yard 20 10 20 20 Principal 50 feet BH not less than 20 ~ ~u 4-5=BH not less Rear Yard ~--" Accessory 10 5 10 10 50 feet than 10 Maximum 35 35 35 35 45 not to ~'7 50 not to exceed 3 exceed 3 Building habitable habitable stories Height *2 stories Di~__nnce .$ ~H 1/2 .~ ~H V2 SBH Between 12 12 0 or 12 1/2 SBH bu__~t SBH not not less than 15 not less than less than 15 Principal Structures 12 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 400 SF 750 SF Min. (S.~.) Setback from 25' Preserve,. 25' 25'. 25.__~' 25_Z' 25' -',Ar~s- Structure Setback from Preserve Areas- 10._A' ~0_Z' 10._~' ~0_~' 10_Z' 10__Z' Struciur~s BH: Building Height SBH: ( Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining set back requirements. All distances are in feet unless otherwise noted. -13- JAN 2 8 2003 L Front yards shall be measured as follows: A. If parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way B. Iftbe parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if nor curbed). *;~!.- Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the upper most floor structure or mid- point of the ceiling gradient on a cathedral ceiling. Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to ten (10) feet for the garage and fifteen feet (15) for the remaining structures. Parking structures located in front of multi-family structures may be located within ten feet (10) of the access drive or street. *43_- Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot of 7,000 square feet: and 3,000 square feet lot area allocation per dwelling unit for single family attached and townhouse dwelling units a::.~ 2,~cY29., t .......... : ..... :. t A:__,_ ~ , *64_- Minimum lot width may be reduced by 2~,~v fgr :'.:: g: -~: '.='.: to 20 feet as measured along the chord of a ¢ul-Oe-sac lot and eighty oercent of required frontage at required building setback line provided minimum lot area requirement is still maintained. *65. Zero feet (0') or a minimum es~fin~ six feet (66_') _on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have #t~ twelve foot (4012') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite t~ ;welve foot (4012') yard is provided. - 14- JAN 2 8 2003 4.1 4.2 SECTION IV COMMON AREA PLAN PURPOSE The purpose of this Section is to set forth the development plans and development standards for areas that are created for the enjoymem of the community. These areas can exist within RC ~a~md-RGrdesignated areas on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these tracts will be to provide - aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use aream. All natural trees and other vegetation as practicable shall be protected and preserved. USES PERMI~I'ED No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses: 1. Lakes Open spaces / preserve areas / buffers Pedestrian and bicycle paths or boardwalks constmcted for purposes of access to or passage through the common areas and preserves. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the Project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Clubhouse with meeting rooms, restaurant, card rooms, health and fitness facilities, golf accommodations and general-purpose areas for residents of the Pwject. Gc!f Cc. ur:e, -~nc!ud'~ng --~: ........ "~:':':~ Bo Accessory uses: 1. Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. - 15- JAN 2 8 2003 4.3 DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosures, for structures, location of access streets and parking areas and location and treatment of buffer areas. Bo Co Buildings shall be set back a minimum of fifty feet from any abutting single- family lot line or multifamily development tract abutting any existing external residential district. A landscaped and maintained buffer shall be provided. Maximum Height: Any Structure: 35 feet Minimum OffStreetParking: As required by Division 2.3 of the Land Development Code in effect at the time of building permits application: - 16- 5.1 PURPOSE SECTION V PRESERVE AREAS Preserve Area (P) - The purpose is to preserve viable, naturally functioning habitat and to promote or improve areas through the planting of native vegetation per the Collier County Land Development Code. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in. whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open spaces / nature preserves Boardwalks subject to appropriate approvals by permitting agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. - 17- SECTION VI 6.1 6.2 6.3 6.4 DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth specific development commitments for the development of the Project. GENERAL Ali facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes and regulations applicable to the PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In ~'~:': ............ ' ........ to PUD MASTER PLAN Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot and land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. SCHEDULE OF DEVELOPMENT ! MONITORING REPORT & SUNSET PROVISION The project is proposed to start construction of infrastructure in 2002. Model homes construction will commence in 2002/2003 with build-out estimated at seven years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. JAN 2 8 2003 -18- ~g._$-11'8 .. 6.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS Street fight-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 14 feet for one-way traffic and 20 feet for two-way traffic. Minimum distance for fight-of-way from lakes (Section 3.5.7.1.1 of the LDC): Internal roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. C 6.6 TRANSPORTATION Co .A All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance o£ the first permanent Certificate of Occupancy, External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to thc development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the fin: of Occupancy. - 19- JAN 2 8 2003 I~..~ ,, D Eo Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. All median openings and driveway locations must be in accordance with the Land Development Code and Access Management Policy, as amended. Median access and control will remain under the County's F G H J authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Transportation Staff to have an adverse affect relevant to operational circulation, safety conditions, roadway capacity problems or concerns. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of a future median opening be the basis for any future cause of action for damages against the county by the Developer, its successor in title, or assigns. Interconnection(s) may be required by Collier County Transportation Staff, as a condition of site development plan approval. The Developer shall be responsible for the cost of a traffic signal system at any development entrance(s); if a traffic signal system is ever determined as warranted and approved by the County. If warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursements(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Bicycle and pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. When ingress and egress improvements are determined necessary, right- of-way and compensating right-of-way will be provided for and in conjunction with said improvements. - 20 - JAN 2 8 2003 Ko L All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All internal access ways, drive isles, roadways, not located within County right-of-way will be privately maintained by an entity created by the Developer, its successor or assigns. 6.7 WATER MANAGEMENT A In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E--4 and 40E--40, this Project shall be designed for a storm event of 3-day duration and 25 year return frequency and shall be reviewed and permitted by the SFWMD. B Existing site conditions, and earthen fill constraints resulting from the existing condition which finds an existing large body of water on the property makes it preferable that the entire planned system of water management lake be constructed concurrently with the first phase of infrastructurai improvements (i.e.plat, streets and utilities). The existing lake and its alteration create insufficient on-site earth fill to accommodate development of the Proiect, consequently, approval of the PUD acknowledges the right of the developer to excavate water management lakes within areas previously cleared of native vegetation, concurrent with the first phase of development and to store fill material from the lakes in previously cleared areas as required by site development activities. 6.8 6.9 6.10 UTILITIES Ao County water and sewer is available within the right-of-way of US 41. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING A. Prior to development, a re plat platting of the property will be required. B. Work within Collier County rights-of-way shall meet the requirements of Collier County Right-of Way Ordinance No. 93-64 ENVIRONMENTAL A. An appropriate portion of the native vegetation shall be retained required in the Collier County Land Development Code. -21 - on-site as JAN 2 B 2003 6.11 6.12 6.13 An exotic vegetation removal, monitoring, and maintenance (exotic-flee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. LANDSCAPING FOR OFF STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application except where otherwise noted in this Document. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area of the Project for the purpose of accommodating an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners' associations. This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for clcctcrs rcsi~ing wit~!n t~e dc;'elc, Fmcnt a polling place. HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, ali development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted as noted in Section 2.2.25.8.1 of the Land Development Code. - 22 - JAN 2 8 2003 I I I I / ! ! / , I / I t I ! ! k tt ORDINANCE NO. 03 - ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1612N AND 1612S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UN1T DEVELOPMENT KNOWN AS WALNUT LAKES, FOR PROPERTY LOCATED ON THE EAST SIDE OF EAST TAMIAMI TRAIL (U.S. 41) APPROXIMATELY 2.5 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 204 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 01-70, THE FORMER WALNUT LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS Inc., representing Walnut Lakes LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Collier County Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed bom "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 1612N and 1612S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 01-70, known as the Walnut Lakes PUD, adopted on November 27, 2001 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. JAN 2 8 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this . day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency · "ixT/~C~'-'at'ode .; , fyi .1 M. Student Assistant County Attorney BY: TOM HENNING, CH~N PUDA.2002-AR-2803/RB/sp JAN 2 8 2003 - WALNUT LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WALNUT LAKES PUD A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Walnut Lakes LLC., Saundry Associates Inc. as Manager 8610 Pebblebrook Drive Naples, Florida 34119 PREPARED BY: Karen K. Bishop PMS, Inc. of Naples 2335 N. Tamiami Trail Suite 408 Naples, F1 34103 REVISED BY COLLIER COUNTY ON OCTOBER 3, 2001 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIBIT A" -1- JAN 2 8 2003 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL AREA PLAN COMMON AREA PRESERVE AREAS DEVELOPMENT COMMITMENTS Page 3 Page 4 Page 5 Page 7 Page I 1 Page 15 Page 17 Page 18 -2- JAN 2 8 2003 LIST OF EXHIBITS AND TABLES EXHIBIT A: PUD MASTER PLAN -3- JAN 2 8 2003 STATEMENT OF COMPLIANCE AND SHORT TITLE The Walnut Lakes Planned Unit Development (PUD) consists of +/- 204 acres of land located immediately North of U.S. 41, approximately 3 miles East of Collier Boulevard (C.R. 951) in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan. This compliance includes: The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1, and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. ° The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. ° o The Urban Residential District allows for a base residential density of 4 units per gross acre less 1 unit per acre because the property is located in the Traffic Congestion Area. This results in a maximum density of three (3) dwelling units per acre. The Project development allows a maximum of 612 dwelling units on the gross project area of 204 acres, which results in a project density of 3 units per acre. The projected density is in compliance with the Density Rating System of the Future of the Land Use Element of the Growth Management Plan. The Project meets the intent of the Urban Residential Sub-district of the FLUE in that all the proposed uses and development standards are in compliance with guidelines as set forth in the Future Land Use Element. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- JAN 2 8 2003 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Walnut Lakes PUD. LEGAL DESCRIPTION The subject property being +/- 204 acres, is described as: O.R. 1203 PG. 1699 THAT PORTION OF THE WEST ONE-HALF OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LOCATED NORTH OF US HIGHWAY 41 (TAMIAMI TRAIL), AND THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. TOGETHER WITH ALL OF THE UNITS CREATED BY THE DECLARATION OF CONDOMINIUM OF NAPLES ISLE, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 596, PAGES 254 THROUGH 315, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE EAST !/2 OF THE WEST V2 OF THE NW ¼ OF THE NE ¼ OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, EXCEPTING THRE NORTH 30 FEET THEREOF, WHICH IS RESERVED FOR ROAD PURPOSES, IN COLLIER COUNTY, FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: Kenneth P. Saundry, Jr., Trustee 8610 Pebblebrooke Drive Naples, FL 34119 The applicant is: Kenneth P. Saundry, Jr., Trustee 8610 Pebblebrooke Drive Naples, FL 34119 -5- JAN 2 8 2003 Col 1.4 1.5 GENERAL DESCRIPTION OF PROJECT AREA Bo The project site includes portions of Sections l2, Township 51 South, Range 26 East. Generally, the Project is located immediately adjacent to and North of U.S. 41, approximately 3 miles East of Collier Boulevard (C.R. 951). The zoning classification of the subject property prior to the date of this approved PUD document was PUD - Planned Unit Development. PHYSICAL DESCRIPTION The project site will consist of a residential subdivision, assisted living facility and service uses, maintenance facility and clubhouse. The proposed site utilizes a wet detention lake system for water quality and quantity storage. The control elevation is proposed as 4.0 feet NGVD. The Project is in the Henderson Creek Basin, therefore, the control structure will be designed to limit the project discharge to 0.15 cfs per acre per Collier County Ordinance 90-10 requirements. The project is within FEMA Zone AE with a base flood elevation of 7.0. 1.6 1.7 PROJECT DESCRIPTION The Walnut Lakes PUD is a mixed use community that provides for the development of single family, multi-family and recreational amenities. Assisted living facilities and associated service space may also be allowed for development. SHORT TITLE This Ordinance shall be known and cited as the "Walnut Lakes Planned Unit Development Ordinance." -6- JAN 2 8 2003 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Co Regulations for the development of the Walnut Lakes PUD shall be in accordance with the contents of this document, Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Walnut Lakes PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including layout of streets and various land uses for the project, is illustrated graphically by Exhibit "A," PUD Master Development Plan. -7- JAN 2 8 2003 TRACT (S) Residential TYPE OF DEVELOPMENT (RC) Residential, Common Open Space Plan* ACREAGE _+ 128 ac 2.4 P Preservation / Open Space / Buffering and Lakes _+ 63ac Roads Rights-of-way + 13 ac TOTAL +_. 204 ac * Pursuant to Section 2.6.32.2 in residential developments at least sixty (60) percent of the gross area shall be devoted to open space as defined by this Code. The amount of open space not included in any development tract is equal to 31%. The balance of 29% of the open space requirement shall be met from each residential development as they are platted and or illustrated on approved site development plans. The owner entity shall monitor this residual open space requirement and shall submit documentation attesting to same prior to issuance of the first 300 dwelling units, and for each increment of 100 dwelling units thereafter. The current planning manager shall have the discretion to determine that each increment of 100 dwelling units has added an equivalent amount of open space so that a disproportionate share of the open space requirement does not fall on the remaining development tracts. The entire 60% or 122.4 acres of open space shall be accounted for and approved by the current planning manager prior to issuance of permits for the first 500 dwelling units. Any change in the amount of open space resulting from the final design of lakes, preserve tracts and other common open space tracts shall be accounted for in any consideration of the total open space requirement of 122.4 acres. Areas illustrated as lakes on Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. The Master Development Plan (Exhibit "A") conceptually illustrates proposed land uses. Minor modification to all lakes or other interior boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A," such easements, as necessary (utility) shall be established within or along the various tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 612 residential dwelling units shall be constructed in the total project area. This includes all single family or multi-family units, each to be considered a single dwelling unit. For every acre of residential uses converted to an ALF use, 3 residential dwelling units shall be subtracted from the maximum of 612. JAN 2 8 2003 2.5 The gross project area is +/- 204 acres. The gross project density, therefore, will be 3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Bo Do Eo Exhibit "A," PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division in effect prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted in conjunction with the promotion of the development subject to the followingi One "wet" and four "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted lots. The project owner must apply for temporary use permits for all models. Bo The models permitted as "dry" models must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. Co The "wet" connection to the central system. Interior fire protection facilities in with NFPA requirements are required unless a permanent water available. A water management plan must be provided which accomn model may be served by a temporary utility system with ultimate Ccord,,a~lOA ITEM systq, it~_is I'7 {5 Idates the JAN 2 8 2003 -9- 2.7 2.8 runoff from the model home, parking areas, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. Do All other regulations pertaining to model homes shall be consistent with applicable sections of the Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. -10- AGENDA ITEM JAN 2 8 2003 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for designated on Exhibit "A" as (RC) Residential Tracts. areas MAXIMUM DWELLING UNITS The maximum number of residential units allowed within the PUD shall be 612. This includes single family and multi-family units. An assisted living facility (ALF) may be developed in lieu of residential dwellings. For every acre of residential use converted to an ALF use, 3 residential dwelling units shall be subtracted from the maximum of 612 dwelling units. USES PERMITTED 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: Principal Uses: 1. Residential single family detached dwelling units. 2. The clustering or grouping of housing structure types identified in Section 3.3 of this Document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table 1 of this Document. Multiple family housing, including two-family structures. Assisted living facilities (ALF) attached to a central facility or detached with on-site care. The ALF uses shall front on East Tamiami Trail and shall not exceed a floor area ratio (FAR) of 0.45. Accessory Uses: Customary accessory uses and structures, including private garages. Common recreational amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts, boardwalks, and similar passive and active recreational facilities. Models and/or a sales center. -11- JAN 2 8 2003 DEVELOPMENT STANDARDS 3.4 A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. B. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: 1. If the parcel is served directly by and is immediately adjacent to a public right- of- way, the setback will be measured frOm the right-of-way line. 2. If the parcel is served by a non-platted, private drive, the setback will be measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, then the setback is measured from the road easement or property line, whichever is more restrictive. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. -12- JAN 2 8 2003- TABLE1 Single Single Family Multi-Family Single Family Attached and ALF Fanfily Zero Lot Duplex Dwellings Detached Townhouse Line Category 1 2 3 4 5 6 Minimum Lot 6,000 SF 5,000 SF 3,500 SF *4 3,000 SF *4 2-Acres 20,000 SF Area Minimum Lot 45 50 35 30 150-Foot N/A Width *5 Frontage on U.S. 41 Front Yard 25 *3 25 *3 25 *3 25 *3 20 25 *3 Front Yard for Side Entry 10 10 10 10 N/A 10 Garage Side Yard 6 0 or 6 *6 0 or 6 0 or .5 BH but 50 Feet 0.5 BH not less not less than 6 than 15 Rear Yard 20 10 20 20 Principal 50 Feet BH not less than 20 Rear Yard 10 5 I0 10 50 Feet BH not less than 10 Accessory Maximum 35 35 35 35 45 not to 50 not to exceed 3 Building exceed 3 habitable stories Height *2 habitable stories Distance V2 SBH not V2 SBH not less Between 12 12 0 or 12 1/2 SBH but not less than 15 than 15 Principal less than 12 Structures Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 400 SF 750 SF Min. (S.F.) Setback from Preserve Areas 25' 25' 25' 25' 25' 25' Principal Structure Setback from Preserve Areas 10' 1 O' 1 O' 1 O' 1 O' 1 O' Accessory structure BH: Building Height SBH: ( Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining set back requirements. All distances are in feet unless otherwise noted. Front yards shall be measured as follows: -13- JAN 2 8 2003 A. If parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if nor curbed). *1.- Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the upper most floor structure or mid- point of the ceiling gradient on a cathedral ceiling. *2- Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to ten (10) feet for the garage and fifteen feet (15) for the remaining structures. Parking structures located in front of multi-family structures may be located within ten feet (10) of the access drive or street. '3- Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot of 7,000 square feet; and 3,000 square feet lot area allocation per dwelling unit for single family attached and townhouse dwelling units. *4- Minimum lot width may be reduced to 20 feet as measured along the chord of a cul-de-sac lot and eighty percent of required frontage at required building setback line provided minimum lot area requirement is still maintained. *5. Zero feet (0') or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite twelve foot (12') yard is provided. JAN 2 8 20B3 4.1 4.2 SECTION IV COMMON AREA PLAN PURPOSE The purpose of this Section is to set forth the development plans and development standards for areas that are created for the enjoyment of the community. These areas can exist within RC designated areas on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use areas. All natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses: 1. Lakes 2. Open spaces / preserve areas / buffers o Pedestrian and bicycle paths or boardwalks constructed for purposes of access to or passage through the common areas and preserves. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the Project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. o Clubhouse with meeting rooms, restaurant, card rooms, health and fitness facilities, golf accommodations and general-purpose areas for residents of the Project. B. Accessory uses: Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. -15- JAN 2 8 2003 4.3 DEVELOPMENT REGULATIONS. A. Overall site design shall be harmonious in terms of landscaping, enclosures for structures, location of access streets and parking areas and location and treatment of buffer areas. B. Buildings shall be set back a minimum of fifty feet from any abutting single- family lot line or multifamily development tract abutting any existing external residential district. A landscaped and maintained buffer shall be provided. Maximum Height: Any Structure: 35 feet Minimum OffStreetParking: As required by Division 2.3 of the Development Code in effect at the time of building permits application. Land - 16- JAN 2 8 2003 5.1 5.2 PURPOSE SECTION V PRESERVE AREAS Preserve Area (P) - The purpose is to preserve viable, naturally functioning habitat and to promote or improve areas through the planting of native vegetation per the Collier County Land Development Code. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open spaces ! nature preserves Boardwalks subject to appropriate approvals by permitting agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. - 17- JAN 2 8 2003 6.1 6.2 6.3 SECTION VI DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth specific development commitments for the development of the Project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes and regulations applicable to the PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. PUD MASTER PLAN. A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot and land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. 6.4 SCHEDULE PROVISION Ao Bo OF DEVELOPMENT / MONITORING REPORT & SUNSET The project is proposed to start construction of infrastructure in 2002. Model homes construction will commence in 2002/2003 with build-out estimated at seven years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. JAN 8 003 .... 6.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 14 feet for one-way traffic and 20 feet for two-way traffic. Minimum distance for right-of-way from lakes (Section 3.5.7.1.1 of the LDC): Internal roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. 6.6 TRANSPORTATION Ao All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Bo Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. Extemal and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Eo All median openings and driveway locations must be in accordance with the Land Development Code and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Transportation Staff to have an adverse relevant to operational circulation, safety conditions, roadway capacity problems or concerns. Fo Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of a future median opening be the basis for any future cause of action for damages against the county by the Developer, its successor in title, or assigns. - 19- JAN 2 8 2003 Go Ho Jo Ko Lo Interconnection(s) may be required by Collier County Transportation Staff, as a condition of site development plan approval. The Developer shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is ever determined warranted and approved by the County. If warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payments(s), or reimbursements(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Bicycle and pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. When ingress and egress improvements are determined necessary, right-of-way and compensating right-of-way will be provided for and in conjunction with said improvements. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All internal access ways, drive isles, roadways, not located within County right- of-way will be privately maintained by an entity created by the Developer, its successor or assigns. 6.7 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this Project shall be designed for a storm event of 3-day duration and 25 year return frequency and shall be reviewed and permitted by the SFWMD. B. Existing site conditions, and earthen fill constraints resulting from the existing condition which finds an existing large body of water on the property makes it preferable that the entire planned system of water management lake be constructed concurrehtly with the first phase of infrastructural improvements (i.e.plat, streets and utilities). The existing lake and its alteration create insufficient on-site earth fill to accommodate development of the Project, consequently, approval of the PUD acknowledges the right of the developer to excavate water management lakes within areas previously cleared of native vegetation, concurrent with the first phase of development and to store fill material from the lakes in previously cleared areas as required by site development activities. ~.ff.l~A ITgM:x JAN 2 8 2003 6.8 UTILITIES 6.9 6.10 6.11 6.12 6.13 A. County water and sewer is available within the fight-of-way of US 41. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING A. Prior to development, platting of the property willbe required. Bo Work within Collier County fights-of-way shall meet the requirements of Collier County Right-of Way Ordinance No. 93-64 ENVIRONMENTAL Ao An appropriate portion of the native vegetation shall be retained on-site as required in the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. LANDSCAPING FOR OFF STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application except where otherwise noted in this Document. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area of the Project for the purpose of accommodating an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners' associations. This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for a polling place. HISTORICAL / ARCHAEOLOGICAL If during the course of site clearing, excavation or other construction activity, a archaeological artifact is found, all development within the minimum area n, -21 - hlStO~)A cess~li~ to r/ JAN Z 8 2003 protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted as noted in Section 2.2.25.8.1 of the Land Development Code. - 22 - JAN 2 B 2003 EXECUTIVE SUMMARY. REQUEST BOARD TO SET THE BALLOTING DATE FOR THE RECOMMENDATION OF MEMBERS TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE BY RECORD TITLE OWNERS OF PROPERTY WITHIN PELICAN BAY OBJECTIVE: To set the balloting date for mail ballots for applicants seeking membership on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance ~002-27 as amended. Tbe Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework 6f long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in the backup. The terms for Thomas C. Brown (resident), Lou Vlasho (resident), and Joseph A. Bawduniak (resident) will expire on March 31, 2003. A press release was issued and resumes were received from the following interested citizens: APPLICANT. CATEGORY ~Donald Spanier Resident John laizzo Resident David C. Nordhoff Resident Theodore J. Raja, Jr. Resident Ordinance 2002-22 states that the Board of County Commissioners shall publish the list of nominees and the positions on the Committee for which they have been nominated and deliver a conformed copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commerc~al/Busmess/Othe ) within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. THE BALLOTING DATE RECOMMEDED BY THE CLERK IS: MARCH 7, 2003 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATIONs: That the Board of County Commissioners set the balloting date as: March 7, 2003, and direct the County Attorney to prepare a resolution confirming the balloting date. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners JANUARY 28. 2003 AGENDA ITEM NO. _ JAN 2/8 ~ Pg. Name Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date ttome Phone DateR¢-appt 2ndExpDate 2nd Term Mr. David A. Roellig 6000 Pelican Bay Blvd.,//204 Naples, FL 34108 District: 4 Category: Resident/Engineer Mr. Thomas C. Brown 8415 Excalibur Circle B- 1 Naples, FL 34108 District: 2 Category: Resident Mr. Glen D. Harrell 5415 Tamiami Trail N.//320 Naples, FL 34108 District: 3 Category: Commercial/Developer Mr. Maurice James Burke 5801 Glencove Drive,//508 Naples, FL 34108 District: 2 Category: Resident Mr. James A. Carroll 8430 Abbington Circle, C-31 Naples, FL 34108 District: 2 Category: Resident/Engineer Mr. George H. Werner 1919 Trade Center Way,//2 Naples, FL 34109 District: 2 Category: Resident/CAPB 02/10/98 01/29/02 4 Years 594-2210 01/08/02 01/29/06 4 Years 01/24/95 0t/29/99 4 Years 594-'1949 02/09/99 01/29/03 4 Years 598-1605 02/08/94 01/29/98 4 Years 01/08/02 01/29/06 4 Years 05/22/01 01/29/05 4 Years 598-3140 02/10/98 01/29/02 4 Years 597-9767 01/08/02 01/29/06 4 Years 591-2171 02/02/93 01/29/97 4 Years 566-3361 05/22/01 01/29/05 4 Years JIonda); June 17, 2002 Page I of 3 Name Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Tel'm 2nd Term Mr. Lou Viasho 6790 Pelican Bay Boulevard Naples, FL 34108 District: 2 Category: Resident Mr. John Domenie 801 Knollwood Court Naples, FL 34108 District: 2 Category: Resident Mr. Joseph A. Bawduniak 803 Knollwood Court Naples, FL 34108 District: 2 Category: Resident Mr. Ed Staros 753 Brentwood Point Naples, FL 34110 District: 2 Cate~ory: Commercial Mr. Christopher F. Sutphin 8720 Bay Colony Drive, #104 Naples, FL 34108 District: 2 Category: Resident 591-3248 566-3179 598-1976 598-6626 5964561 596-1351 02/09/99 01/29/03 4 Years 05/22/01 01/29/05 4 Years 02/09/99 01/29/03 4 Years 06/25/02 01/20/06 4 Years 05/22/01 01/29/05 4 Years 3tonda); June 17, 2002 Page 2 of 3 Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 1113/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5/28102 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be reoresentative of the commercial & business interests within the unit. FL STAT 125.01 Staff: Jim Ward, Pelican Bay Services Division: fi97-1749 ,ltonday, June 17, 2002 Page 3 of 3 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE ~ UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE; PROVIDING FOR TAX AND ASSESSMENT IMPOSITION AND COLLECTION; PROVIDING FOR THE CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING' AND BENEFIT UNIT ADVISORY COMMITTEE; PROVIDING FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM .OFFICE, FAILURE TO AWl'END MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO IN"ITIAL RvlP~ATION OF USE' OF. TAXING OR ASSESSING AUTHORITY; PROVIDING FOR - SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLUDING REPEAL OF ORDINANCE NO. 90-111, AS AMENDED, TIlE ORIGINAL 1990 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, ORDINANCE NOS. 91-22, 98-113, 99-98, 2000-22, 2000-82 AND 2001-19 AND PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF ORDINANCE NOS. 78-67, 80-53, 82-122, 85-9, 86-29 AND 88-35 RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITy; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN DATE. r- o, ,_~ '- NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD COMMISSIONERS OF COI_I.nn_R COUNTY, FLORIDA, that: ,--,~ t: ~ . SECTION ONE: Creation of the Pelican Bay Municipal Service Taxin~an. ~ B~mefi~ Unit. Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter"Unit") ia hereby created for the purpose of providing street lighting, water management, extraordinary law cnformcment service and beautification, including but not limited to beautification of recreation facilitica, aidewalk, .~trcet and median armu, identification markers, the maintcnanc~ of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinancea pertaining to thc Unit, the purpos~ of this Ordinance ia to adopt a n~w ordinance that cot~solidatca said preexisting ordinances into one easily' read and understood ordinance, with aom¢ modification,~ that express thc will of the property ownca-s within thc Unit. SECTION TWO: Boundaries of the Unit. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands aa described on thc attacbed Exhibit "A" and as depicted on thc map attached hereto as Exhibit "B". SECTION THREE: ' Governing Body. The governing body of the Unit shall be ex-officio the Board of County Commissioners of Collier County, Florida. ' SECTION FOUR; Pu,rpose; Powers, The Unit is formed for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcemeni ~¢rvici and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conserVation or preserve areas and to finance the landscaping beautification of only that portion 0f U.S. 41 fwm Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such serVices. SECT[ON FIVE: Annual Estimates of Expenses; Taxation & Assessment Rate. For the purpose of carrying into effect and the administration of this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 following (the "Budget"). The proposed Budget shall be prepared in consultation with and reviewed by the Municipal Service Taxing and Benefit Unit Advisory Committee (the "Committee") prior to consideration by the Board of County Commissionen and after a:view by the Committee~ the budget shall be heard, considered and adopted by the. Board of County Commissioners aa provided for herein. Thc proposed Budget shall describe the purpose, or purpo~ for which tho moneys are r~quired and the amount necessary to be raised by taxation and special sa~sment within the Unit. At the time and place for establishing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to m~:t the requirements of the Budget; provided, however, the total mi,age no, ex . d ,he mi,a . ,,c,pal .g. s~, ,rice, taxing and benefit units. SECTION SIX__..__~ Ta.x and Assessment, Imposition and Collection. Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in the same manner and form as provided for the levy and assessment and collection of general County taxes subject to the same fees fo[ assessing and collecting as general County taxes in accordance with general law. SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and B~nefii ..U. nit Advisory Committee; Concurcent with the passage 6f the Ordinance, an eleven (1 I) member advisory committee to be known as the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee is hereby created. Those individuals who are members 0f the Committee pursuant to Collier County Ordinance No. 90-11 i, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the Committee until March 31u of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION EIGHT: .Composition, Nomination and Appointment A) The Committee shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) of the Committee members shall be representative of the residential interests within the Unit and two (2) of the Committee members shall be representative of the commercial and business interests within the Unit. Members of the Committee shall be appointed by and serve at the pleasure of the Board'of County Commissioners pursuant to the procedure outlined herein. The nine (9) Committee members representative of the residential interests within the Unit shall b~ residents of and qualified electors within the Unit. The two (2) Committe~ members representative of the commemialIbusiness~other interests shall b~ residents of and qualified electors in Collier County. Appointment of member~ to the Committe~ shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointn~nt and the texm of office. Any member of the Committee who ceas~ to me~t the requisite qualifications during his or her term of office shall immediately advis~ the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such not/ce, otherwise mmissioners shall declare the position to be vacam and shall promptly consider filling the vacant position with a person meeting the requisite qualifications as outlined herein: i) who continues to desire to be appointed and ii) who, in the immediately preceding recommendatory balloting received the greatest number of votes among the unsu~essfui candidates vying for the position (i.e. ~Residential interest~ or "Commercial/Business/Other interestN) which has become vacant. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001-55, titled "PROCESS OF APPOINTMENW' shall not be applicable to appointment of members ~o the Unit. C) Upon adoption of {his Ordinance, all of the members of the Committee shall be appointed by, and all vacancies shall be filled by, the Board/)f County Commissioners, in the manner outlined herein, beginning with appointmen{ to the Comminee of members to fill expiring memberships. All appointments of members to the Committee shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the BO~d of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the Committee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expired term(s). All such applications shall be submitted in writing to the Boan:l of County Commissioners no later than 28 days after said armouncement as de~m'fined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said expired term(s). The Board of Coun~ Commissioners shall then publish said list of nominee.~ and the positions on the Committee for which they have been nominated (i.e., for thc "residential interests" or for thc "commercialFousincss/othcr intcrests") and dcli~,cr a conformed copy thcrcof to thc Clerk of Courts (thc "Clerk"). The Clerk shall cause the namc of each nominee as reported and published by thc Board of County Commissioners to be included on thc mail ballot, which · nu,s-govcmmentai property owners of the class (i.e. 'Residential or Commercial/Business/Other") corresponding with thc class for which {.he balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. E) i. One (1) indivisible vote may be cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or thc manner in which title is held by them, wi{h each discrete parcel being those as listed by the Property Appraiser of C611ier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/Business/Other interest" positions and Residential owners cast ballots only for "Re.~identiai inU:rcst" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for that parcel will bc deemed invalid. It is not the responsibility of thc Clerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. ii: For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of proper{y as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall bc utilized and deemed conclusive. Not less than forty-five (45) days prior to the balloting date, the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names Of the proper~y owners and their addresses, with said list designating each parcel as either residential/commerciaUother (based upon the Property Appraiser's classification system). iii. The mail ballots shall b~ cast directly with the Clerk. At the place ~nd time stated in the notice of the balloting published by the Board of County Commissioners, {he Clerk, with the assistance of the County Attorney's Office, shall open and count {he ballots, which have been returned to {he Clerk aa of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of{he public shall be entitled to attend and observe. The determination of the Clerk and {he County Attorney of validity of any ballot shall be final. iv. The nominee(s) receiving a plurality of the ball~ ~ cagl(i~/nlc,~,~.y of ,. n,,~mbership, shall be deemed thc successful nominee(s) and their name(s) shall be reported and fonvarded to the Board of County Commissioners. Thc Board of County Commissioners shall then, at their next regularly scheduled meeting, make the necessary appointmenm to fill sa~d posilions. F) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION NINE: Terms of Office. In 200:2, of the four (4) terrn~ which, arc expiring: i) two (2) positions shall be filled'with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (:2) positions shall be filled with persons representative of thc commereialfousines~othc~ inte'rcsLs, wherein one (~) person will be appointed for a four (4) year term and one (1) person appointed for a two (2) year term. Thereafter, each appointment or rcappointment shall bc for a term of four (4) years. Each new term of appointment will begin on thc date of appointmeni and expire on March 31u. A member of thc Committee may be reappointed by thc Board of County Commissioners without limitations. Appointments to fill any vacancies on thc Committee shall be for thc remainder of thc unexpired term of office. SECTION TEN: Removal From Office; Failure to Attend Meetings. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding thc provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of the Committee fails to attend two (2) consecu~ve Committgc meetings without a satisfactory excuse, as determined by the commit[cc, or if a member is absent from more than one-half of the Committee's meetings in a given fiscal year, the Committee shall declare the member's seat to be vacant and thc vacancy sh~i be filled by thc Board of County Commissioners in conformance with this Ordinance. SECTION .F.-!;FVEN: Officera: Ouorum: Rulc~ of Proc__cdu_,-e, A) Al ils earliest opportunity, thc membership of the Committee shall elect a chairman and vice chairman from among the members. Officcr~' terms shall be for one (1) year, with eligibility for ~c-clecfion. B) Thc presence of six (6) or more members shall constitute necessary to take action and transact business, In additton, an affirmative vot~ of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven (?) or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) Thc Committee shall, by majority vote of the entire membership, adopt roles of procedure for the transaction of business of thc committee and shall keep a detailed record of meetings, resolutions, findings and dcterminaiions. , SECTION TWE. LV~: Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in-the performance of their duties upon prior approval of the Board of County Commissioners. SECTION THIRTEEN: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall bc as follows, and shall be carried out consistent with the provisions of the Memorandum of Understanding] Letter of Understanding referenced herein: A) With thc assistance of thc County Manager, provide input to thc Board of County Commissioners in carrying out thc purposes of thc Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by thc Board of County Commissioners to dissolve, merge or otherwise change or discontinue thc functions or services provided by thc Pelican Bay Improvement District, thc Committee shall be prepared to and shall aid, assist and provide input to thc County Manager and the Board of County Commissioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations to the Unit. C) With thc assistance of thc County Manager, to prepare and recommend to thc Board of County Commissioners an item/zed Budget of thc amount of money required to carry out thc business of thc Unit for the next fiscal year. D) Thc Committee shall recommcnd work programs and priorities to thc Board of County Commissioners in accordanc~ with the adopted Budget or Budget arc~ndmenM which may be pn.o.ams shall be under the direct supervision and responsibility of lhe County Manager with the ass/stance of the Committee and County staff in accordance with the Memorandum of Agreement/L~tter of Understanding. Said work may be performed under contract (in accordanc-.. with law and County policy) or by Courtly fomes. E) To enter into a Memorandum of. Agreement/L~tter of Understanding with the Board of County Commissioners, and with the County Manager, wherein the parties outline that the intent in the operation of the Unit is to allow the Committee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental mason to do otherwise. SECTION FOURTEEN: ' .Duties of tlne County Manager.' The duties of the County Manager or his designee shall be: A) To administer the activities of the Unit in accordance with the Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist the Committee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C) Provide periodic written reports to the Committee and the Board of County Commissioners on the activities of the Unit and its finances. D) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION FIFTEENs: .Review Process. This Ordinance shall be r~vieWed once every four (4) yrmrs, in accordance with the procedures contained in Collier County Ordinanct: No. 2001-:55. SECTION SIXTEEN[ Ov_oortunitv to Comment Prior to Initial Imvleme~ltation or Use o( the unit's Taxing and A-~a~$meng AuthoTiCy_ Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general ~imulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the Advisory Committee and provide the public the opportunity to comment on the proposed Budget and,the-imptemema~ion,oi,..,.=~ A G EN D~-,~TA M use of the Unit's taxing and assessment authority. N0. ~ SECTION SEVEN"T~EN_: S. upercession, Repeal and Consolidation of Prior .Ordinances. - A) Collier County Ordinances Nos. 90-111, 91-22, 98-113, 99-98, 2000-22, 2000-82, and 2001-9 arc hereby repealed in their entirety. B} Collier County Ordinances No. 78-67, 80-53, 82-122, 85-9, 86-29, and 88~35 arc hereby superseded and repcaled to the extent same arc either inconsistent or not harmonious with this Ordinance and consolidated with the Unit for the purposes of providing street lighting. ' SECTION EIGHTEEN. Conflict and Severabilit~.. In the event this Ordinance conflicts with any. o.thcr ordinance of Collier County or other applicable law, th,' morc restrictive ~hall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINETEEN- .Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY: Inclusion in Code of Laws and Ordinance:_;. The provisions of this Ordinance shall become and bc made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be numbered or re-lettered to accomplish such, and the word "ordinance" may bc changed to "section", "article", or any other appropriate word. ..SECTION TW.ENTY-ONE_: ~ This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by' the Board of County Commissioners of Collier County, Flmida; this ~ day '. .... _.,~,~'."~ aa {m Chalmms'$ ' /~2002. , ~q~ ~O~ C~K BOARD OF CO~ CO~SSIO~S · ~ ~ :' ..., .. · A ,o. ,ego, s ciency. David. C. Wcigc{ - County'/~61o~ce tiled with the Se¢C~t,'.,v .:: .:.~te's Of lice the fi{i~cc:-ived ~his /~v COLLIER CO~, FLOmDA JAM . ~ EXHIBIT A '[he Pelican Bay Sea, ices Dlstrict is comprised of and Inc~des those lands descn'bed o,s follow A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions cf sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed bY the Pelican Bay Improvement District, the .perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of maid Se~bion 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a.distance of 150.02 feet to a point on the West right-of-way line of U.S, 41 (.State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-pr-way lies'of said U. S. 41 [State Road 45) the following courses= Sodth 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of ]218.29 feet; thence South O1 degrees 00 minutes 29 seconds East a distance of 9218.56 feetl thence South O0 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 ~eet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County$ thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance o~ 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit I es recorded in plat Book 3~ Page 85 among said Public Records~ thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit I and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 91 thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established Hay 15~ 1968; thence a Northwesterly direction along said mean h~gh water line a distance 15716 feet more or lessl thence de~rting said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) am recorded in D.B.. 15,' Page 121 among said Public Records 'a distance of 7385 feeC more or lass to'& point on maid West right-of-way line of-O. G. 41 (State Road thence South O0 degrees 58 minutes 36 seconds East along maid West right-cf-way line a distance cf 2574.36 feet to the Point cf Seginning. .:.~... · [ Exhibit B ] P EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 2-year terms, expiring on December 31, 2004, on the Golden Gate Community Center Advisory Committee CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 3 terms expire on December 31, 2002. This 5-member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. APplicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the curr~nt membership is included in the backup. The terms for Cheryle L. Newman, William E. Arthur, and James J. Hennink expired on December 31, 2002 A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIS,T. ELECTOR_ _ADV. COMM: William E. Arthur - re-appt District 3 3 Yes Golden Gate Community Center Cheryle L. Newman - re-appt District 3 3 Yes Golden Gate Community Center Golden Gate Beautification James J. Hennink - re-appt · District 3 3 Yes Golden Gate Community Center NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under fl)) of the same section~ it is noted that "By a unanimous vote of the Commission~ the limitations set forth in subsection 0l) above may be waived". According to availabL records~ Cheryie L. Newman has served 3 consecutive terms. Should the Board wish to re- appoint Ms. Newman~ the limitations on two consecutive terms will need to be waived. COMMITTEE RECOMMENDATION: William E. Arthur Cheryle L. Newman James J. Hennink FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT,.: NONE REcoMMENDATION..: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members, and direct'the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners JANUARY 28, 2003 fiison_s )m'. .~ent: To: Subject: larson_k Wednesday, January 15, 2003 1:07 PM filson_s GGCC Advisory Board Memorandum To: From: Re: Date: Sue Filson, Executive Manager Board of Coun[7 Commissioners Keith Larson, Center Supervisor Golden Gate Community Center GGCC Advisory Board January 15, 2003 ., last night's meeting, the Golden Gate Community Center Advisory Board voted to recommend Cheryle Newman, Bill Arthur, & Jim Hennink to serve another term on their board. It has been a wonderful experience working with these members, and I look forward to continuing our relationship. Please call me should you have any questions. Thank you, Keith Larson Golden Gate Community Center Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Kaydec Tuff 2642 441h Terrace, S.W. Naples, FL 34116 District: 3 Category: Ms. Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Mr. William E. Arthur 4200 22nd Place, S.W. Naples, FL 34116 District: 3 Category: Mr. James J. Hennink 4397 21st Avenue, S.W. Naples, FL 34116 District: 3 Category: Ms. Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 District: 3 Category: 03/28/00 12/31/01 2 Years 455-3496 12111/01 12/31/03 2 Years 12/03/96 12/31/98 2 Years 353-7969 12/12/00 12/31/02 2 Years 09/26/00 12/31/00 3 Months 455-4503 09/26/00 12/31/02 2 Years 09/26/00 12/31/00 3 Months 353-3697 09/26/00 12/31/02 2 Years 06/08/99 12/31/99 6 months 455-1475 12/11/01 12/31/03 2 Years IVedn~sday, December 12, 2001 Page I of 2 Name Golden Gate Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms are 2 years. Keith Larson, Golden Gate Community Center Supervisor. 455-2343 FL ST/IT 125.01 Staff: Maria Ramsey, Parks and Recreation Director: 353-0404 Wednesday, Decend~er 12, 2001 Page 2 of 2 MEMORANDUM DATE: November 1, 2002 TO: FROM: Elections Office Sue Filson, Executive Manager/la Board of County Commissioner~--/ Voter Registration - Advisory Board Appoifitments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG COMMUNITY CENTER ADV COMM COMMISSION DISTRICT William E. Arthur 4200 22"d Place, S.W. Naples, FL 34116 Cheryle L. Newman 5101 3 l't Avenue, S. W. Naples, FL 34116 3 James J. Hennink 4397 21'* Avenue, S.W. Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 1, 2002 Marla Ramsey, Parks and RecD~Director Sue Filson, Executive Manager /~ ' Board of County Commission~J · Golden Gate Community Center Advisory Committee As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William E. Arthur 4200 22aa Place, S.W. Naples, FL 34116 Cheryle L. Newman 5101 31~t Avenue, S. W. Naples, FL 34116 James J. Hennink 4397 213 Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail .. ~_~ Naples, FL 34112 : (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ,~/':h'/, ~Cr Home Address: qZ~:C - 9~_.n/'/,) Fax No. Business Vhoue: Board or Committee Applied for: Home Phone: Zip Code: e-mail address: Category (i£applicable): !.~'-TbTt~7-b'O (_2i 7-/Z~,£'-AZ Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes Z Do you currently bold public office? Yes No If so, what is that office? No Do you now serve, or have you ever served, on a Collier County board or committee? Yes ~ No If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: i_/v/~ ~'Lbf~ .vq£s'/N t9~7~ ~ ~ -- ~5:~ /?~ t.~ac~n/.~ ~ Please attach any addltional lnformation you feel p~rtinent, this application ~hoMd be forwarded to Board of County Commissioners, 3301 East Tarniami Trail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mail to ~uefdso .n~. olliergov, net. Thank you for volunteering to serve tke citiz, tns of Colller Cos~nty. Name: Cheryle L. Newman Home Phone: 239-353-7969 Home Address: 5101 31'*. Avenue~ S.W.. Zip Code: 34116 Fax No. None Business Phone: None e-mail address: Birdldy2(~aoi. com Business: None Board or Committee Applied for: Golden Gate Community Center Advisory Committee Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Arc you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No If yes, please list the committees/boards~_Golden Gate Beautification M.S.T.U. Advisory Board~ Golden Gate Community. Center Advisory Board, Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: G.G. Civic Association- (President)~ Kiwanis Club of Golden Gate ( Board of Directors~ Editor of Newsletter)~ Golden Gate C.E.R.T. (Fire District)~ Golden Gate C.O.P.'s (C.C. Sherifl~ Golden Gate Women's Club~ Elementary Schools (G.G.) Listening Prot~ram. Education: High school, some college, 2-1 weeklong management traininl~ orot~rams, additional iob related educational seminars, Sheriffs Citizens Academy ( 3 sessions), C.E.R.T. (ongoin~L C.O.P's Experience: Reference to experience relating to this application of the position as Advisory member to the G.G. Community Center. I have beeg spent the last four (4) on this advisory board,( two (2) terms) do my best to stay involved with the residents and their needs and desires for the community. Understanding the Board policy does not extend more than two (2) successive terms, dafter the required timeperiod for advertisment of this opening, there are not applicants, I would very much desire to continue on this board for our comm~inity. Please attach any additional information you feelpertinenL This application should be forwarded to Sue l~ison, Executive Manager to the Board of Counfy Commissioners, 3301 East Tamiami Trail, Naples, FL $4112. If you wish, please fax your application to (941) 774-3602 or . e-mail to sue[ilsotf, acolliergov, nef. Thank you for volunteoing to serYe the ~ of Colllt~ County. ~.,. Cheryle L Newman 5101 31st Avenue, S.W. Naples, Florida 34116 941-353-7969 E-Mail Birdldy2~ aol.com EPUCATIQN Grade School - Fraser Public Schools Fraser, Michigan High School - Fraser Public Schools Fraser, Michigan Graduation - June 1964 College - Ferris State University Big Rapids, Michigan Associates WORK EXPERIENCE BUDD COMPANY- DETROIT, MICHIGAN N0¥.1965 - JULY 1968 CLERK TYPIST/~:ILE CLERK/STATIONERY STORES - SALES & ENGINEERING DEPT. Order and supply all stationer)' items to the Sales and Engineering Departments. All central filing of Sales Orders, etc. for the Sales OepartmenL DESIGN PRODUCTION INCORPORATI~D - ALEXANPRIA, VIRGINIA SEPT. 1968 - APRIL 1969 "One Girl Office" ASSISTANT TO: PRODUCTION MANAGER TRAFFIC MANAGER PURCHASING MANAGER ART DEPARTMENT MANAGER COMPANY- DETROIT. HICHIGAN FEB. 1970- JAN. 1971 STENOGRAPHER- PURCHASING DEPARTHENT Secretary to the Capital Equipment Buyer, Head Steel Buyer and Head Tooling Buyer. BUDD COMPANY * DETROIT, MICHIGAN NOV. 1973 - DEC. 1993 PURCHASING DEPARTMENT 1973-1981 - SECRETARY 1981-1984 - WHEEL & BRAKE DIVISION CONFIDENTIAL SECRETARY 1984-1985 - ADMINISTRATIVE SECRETARY 1985-1989 - SENIOR BUYER HAY 1989-N0¥. 1989 - CONFIDENTIAL SECRETARY TO THE PRESIDENT. NOV. 1989-DEC. 1993 - ADMINISTRATIVE ASSISTANT-SENIOR BUYER Purchasing items of responsibility have consisted of stationerf supplies, perishable tooting, nuts and bolts (small ~teners), bearing cups, hubs and forgings, office equipment (faxes, copy machines, etc.) office services (janitorial, temporary employees, equipment services, etc.) telephone system, vehicles and all M.ILO. items for the Farmington Hills Offices. TUFFPUBLICATIONS - NAPLES. FLORIDA MAY 2000 - FEBRUARY 2001 OFFICE MANAGER MARCH 2001 - MAY 2002 GENERAL MANAGER Past President - Golden Gate Area Civic Association Golden Gate Area Civic Association - Board of Directors Golden Gate Volunteer Code Enforcement Group Co-Chairman Golden Gate Beautification Advisory Committee Past Chairman - Golden Gate Civic Adopt-A-Road Program Past Chairman - Golden Gate Community Center Advisory Board "Citizens on Patrol" Volunteer Civic Association Golden Gate Womens Club - President - 2000/01 Golden Gate Kiwanis - Board of Directors Sheriffs Golden Gate Community Advisory Committee State Rep. Dudley Goodlette Advisory Committee Graduate of Collier County Sheriffs Citizens Academy C.E.R.T. Graduate - First Team - Golden Gate Fire & Rescue District Golden Gate Area Civic Association - Vice President Sheriffs Community Observer Patrol Volunteer - Golden Gate City Recommendation letters available upon request. 10/17/2002 19:29 2394559973 CONNIE PAGE 01 Board of County Commissioners 3301 East Tmniami Trail Naplcs, FL 34112 (941) 774-S0~7 Fax: (941) 774-3602 Application for Advisory Committees/Boards Cat~gory (if applicable): ~__~.~ Z_~'7' M / Ar~ you a regi~ered v~er in ColOr Couat~. Yes V No Do you currently hold public office? Yes ]No ' ~ Plcas~ Jilt poet gom/ng_nJty act~itles.~civ~c ¢~ktbs, n~.~od associations, etc. and positions EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 5 members to serve 2-year terms, expiring on February 2, 2005, on the County Government Productivity Committee. CONSIDERATIONS: The County Government Productivity Committee has 5 terms expiring on February 4, 2003. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staff'mg, management, functions, business practices, and procedures of any or all parts of county government and n~ake recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. The terms for William E. Adams, Donald Campbell, P.K. Misra, Edward T. Ferguson and Joseph Mumaw will expire on February 4, 2003. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Albin A. Kozel, Jr. Marketing; Strategic Planning and 3 Yes None Program Management Joseph Mumaw - re- Cost Accounting, Bs Mgmt, Materials 3 Yes County Government Productivity appt Msmt and Purchasing Committee Stephen L. Price Banking; Civic 5 Yes Airport Authority James C. Ray, Jr. Public Administration; Banking 3 Yes None Richard Schmidt Investor; Publisher 2 Yes None COMMITTEE RECOMMENDATION: Albin A. Kozel, Jr. Joseph Mumaw Stephen L. Price James C. Ray, Jr. Richard Schmidt FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners JANUARY 28, 2003 MEMORANDUM TO: FROM: DATE: SUBJECT: Sue Filson, Executive Manager Board of County Commissioners Winona Stone, Assistan to the County Manager January 15, 2003 Productivity Committee's Recommendation to the Board of County Commissioners for Committee Appointments As of February 2003 the Productivity Committee will have 5 vacancies due to vacant and expiring terms. In response to the Producti,Aty Committee's advertised 5 vacant positions, 5 applications were received. The Committee recommends the following five applicants for appointment for the terms indicated: NAME TYPE OF TER31 DISTRICT APPOINTMENT EXPIRING FIELD OF EXPERTISE Albin A. Kozel, Jr. Initial Feb. 4, 2005 3 Appointment Marketing, Strategic Planning and Program Management Joseph Mumaw Reappointment Feb. 4, 2005 3 Cost Accounting, Business Management, Materials Manasement and Purchasin$ Stephen L. Price Initial Appointment Feb. 4, 2005 5 Banking, Numerous Civic Volunteer Activities James C. Ray, Jr. Initial Appointment Feb. 4, 2005 ?3 Public A'dininistration, Banking Richard Schmidt Initial Feb. 4, 2005 Appointment 2* Investor, Entrepreneur, and Publisher of Investment Advice Please advise should you need additional information. * Not confirmed with Supervisor of Elections records. Winona Walker Stone Assistant to the County Manager Collier County Government 3301 East Tamiami Trail Naples, Florida 34l 12 Voice (941) 774-8383 Fax (941) 774-4010 Email Winona Stone ~ colliergov.net County Government Productivity Committee Work Phone Name Home Phone Mr. William E. Adams (~ff'~r'e~? 2~[-0440 785 Carrick Bend Circle, #103 ff~, 596-8228 Naples, FL 34110 District: 2 Category: Productivity Improvements/Exp Contr Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term 02/13/01 02/04/03 2 Years Mr. Tom Henning 3301 E. Tamiami Trail Naples, FL 34112 District: 3 Category: Vice-Chairman Mr. Donald Campbell 6849 Grenadier Boulevard, # 1101 Naples, FL 34108 District: 2 Category: Corporate Management Mr. P.K. Misra, Ph.D. fvaS~,ln~tg____ 2301 Heritage Greens Drive i],~,~ Naples, FL 34119 District: 3 Category: Productivity Management 774-8097 01/22/02 01/14/03 1 Year 03/23/99 02/04/01 2 Years 598-3426 02/13/01 02/04/03 2 Years 04/24/02 02/04/03 566-3323 1 Year Mr. Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 District: 3 Category: Business Mgmt/Education Ms. Janet Vasey 4398 Longshore Way North Naples, FL 34119 District: 3 Category: Budget & Financial Anaysis 02/28/95 02/04/97 2 Years 02/13/01 02/04/03 2 Years 01 /12/99 598-4378 01/22/02 02/04/00 02/04/04 1Year 2 Years Wednesday, Aprd 24, 2002 Page I of 3 pg. ~ Name County Government Productivity Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. Joseph B. Swaja 394-4599 460 Battersea Court 394-4599 Marco Island, FL 34145 District: 1 Category: Development of Strategic Objectives Mr. Joseph Mumaw 6 Stonehedge Court 643-9890 Naples, FL 34105 District: 3 Category: Cost Accounting/Business Management Mr. James R. Gibson, Jr. 5041 Mabry Drive Naples, FL 34112 District: 1 Category: Budget & Financial Mgmt 732-8830 Dr. James T. Homer 774-1791 4704 Ossabaw Way 596-1339 Naples, FL 34112 District: 3 Category: Financial Mgmt; Leadership & Staff Dev Ms. Jean Ross-Franklin 3514 Ocean BluffCourt 348-8480 Naples, FL 34120 District: 5 Category: Professor; Org Structure & Mgmt; Rese 04/24/02 02/02/04 2 Years Mr. Dexter R. Groose 659-0489 5202 High Street 659-o389 Naples, FL 34105 District: 4 Category: Performance Analysis & alue Analysis 04/24/.02 02/04/03 11/09/99 02/04/00 3 Months 01/22/02 02/04/04 2 Years 03/14/01 02/04/02 1 Year 01/22/02 02/04/04 2 Years 03/14/01 02/04/02 1 Year 01/22/02 02/04/04 2 Years 01/22/02 02/04/04 2 Years I Year Wedngxday, April 24, 2002 Page 2 of 3 County Government Productivity Committee Worli Phone ~4ppt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 11 member committee was created on 01/20191 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC.' The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. FL STAT Staff: Winona Stone, Budget Analyst: 774-8810 Wednesday, April 24, 2002 Page 3 of 3 MEMORANDUM DATE: TO: FROM: December 13, 2002 Elections Office e¢ Sue Filson, Executive Manag Board of County Commissioner'~ COLLIER CO, rL RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOV'T PRODUCTIVITY COMM COMMISSION DISTRICT Albin A. Kozel, Jr. 5308 Hawkesbury Way Naples, FL 34119 Stephen L. Price 6062 SR29 South Immokalee, FL 34142 Joe Mumaw 2 Water Oaks Way Naples, FL 34105 o-F- san, o. Ct. ct_m.sz Thank you for your help. MEMORANDUM DATE: TO: FROM: January 13, 2003 Winona Stone, Staff Liaison County Government Productivity Committee Sue Filson, Executive ManagL'~, Board of County Commissio erker~ i County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Richard Schmidt 9150 The Lane Naples, FL 34109 James C. Ray, Jr. 14497 Indigo Lakes Circle Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi'amc, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of 2 Message fiison_s From: Richard Schmidt [rschmidt@stellarvc.com] Sent: Tuesday, January 07, 2003 9:18 AM To: 'filson_s' Subject: RE: Application Richard Schmidt For more than four decades, investor and entrepreneur Richard Schmidt created and turned around businesses while also educating thousands bf investors. In 2000, Mr. Schmidt formed Stellar Venture Parmers (SVP), which focuses on comprehensive start-up support including seed money, management team composition, marketing and exit strategy, design and execution for new businesses with great growth potential. A native of Illinois, Mr. Schmidt speciahzed in start-ups, turnarounds, merger, acquisition and divestiture activities for Fortune 500 companies including Evans Products, Caterpillar Tractor Company and Echlin Manufacturing. In 1979, Mr. Schmidt began developing and acquiring his own start-up and turnaround ventures, a practice he has continued to date. In 1990, he moved to Naples and one year later founded Stellar Asset Management, Inc., an investment firm and published The Risk Report, an internationally renowned investment newsletter. After selling Stellar Management, Inc. in 1997, Mr. Schmidt established the Stellar Stock Report, which has become a leading national investment advisory, publication hailing over 13,000 paid subscribers worldwide. Before entering the world of Fortune 500 companies, Mr. Schmidt completed undergraduate studies at Bradley University and later participated in advanced management curriculums and executive enhancement progra~ns at Roosevelt University, Ohio State University and Harvard University business schools. ..... Original Message- .... From: filson_s [mailto:SueFilson@colliergov.net] Sent: Monday, lanuary 06, 2003 2:53 PM To: 'Richard Schrnidt' Subject: RE: Application Here is the application you requested. (23 ) (239) 774-886S fax sue f iFson@co£[ierl o'v.ne t 1/7/2003 ..... Original Message---- From: Richard Schmidt [mailto:rschmidt@stellarvc.com] Sent: Monday, 3anuary 06, 2003 12:38 PM To: suefilson @colliergov.net Subject: Application Pg. Page 2 of 2 Message Importance: High Pleease application for attached position. The County Government Productivity Committee has 2 terms expidng on February 4, 2003. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommen~slations for increased efficiency and cost- effectiveness. The committee may also assist in the implementation of those recommendations. Richard Schmidt Stellar Venture Partnem 5633 Strand Blvd. Naples, FL 34110 PH# 239 566-8655 Fax 239 591-3181 URL www.stellarvc.corn, www.stellarbb.com, www.stelladm.com www.stellarstockreport.com. 1/7/2003 January 6, 2003 James C. Ray Jr. 14497 Indigo Lakes Circle Naples, Florida 34119 Mrs. Sue Filson Executiye Manager to BCC 3301 Tamiami Trail East Naples, Florida 34112 or Dear Mrs. Filson: Please consider this correspondence a request for consideration for appointment to the Collier County Government Productivity Committee. Before relocating to Naples Florida in August 2002, I spent 12 years in Public Administration. Additional I have served in the United States Army Reserve and held numerous positions on state and national Boards. A copy of my resume is attached for your review. If you have any questions or wish to discuss my experience in detail please feel free to contact me at work 591-6402 or at home 352.1306. I look forward to this oppommity and hope to hear fi'om you in the near future. Respectfully, James C. Ray Jr. JAMES C. RA Y, JR. 14497 Indigo Lakes Circle Naples, Florida 34119 (239) 352-1306 EDUCTION University of Cincinnati, Bachelor of Business Administration Accounting and Real Estate Majors, 1991 Oak Hills High School, 1987 TRAINING US Army Legal Specialist School, December 1987 US Army Primary Leadership Development Course, September 1990 US Army Basic Non-Commission Officers Course, April 1994 Court Security Officers Basic Training, August 1995 Basic Juvenile Justice Management Institute, June 1997 Republican Campaign Leadership School, June 1997 Advanced Juvenile Justice Management Institute, August 1997 Certified Professional Court Administrator, December 1997 Leadership Cincinnati, Class XX/II, 1999-2000 Situational Leadership II, December 2001 PROFESSIONAL EXPERIENCE Assistant Vice President~ Public Funds - Fifth Third Bank Florida June 2002 to present Responsible for the creation and management of the Public Funds division of the bank. Responsible for developing a new line of business in the SW Florida market. The public funds department is responsible for the lending, banking and investing of public and not for profit agencies. Court Administrator - Hamilton County Juvenile Court May 1998-June 2002 Provided thc vision, policy and executive leadership for 600+ employees at multiple geographical locations. Duties included management, leadership and strategic planning for thc Court Magistrates, case management, court services, administrative services, juvenile detention center, probation and residential treatment facility. Responsibilities also included developing and managing an annual operating budget of $40 million, revenue and grant management and legislative advocacy. Assistant Court Administrator- Hamilton County Juvenile Court Oct 1993- May 1998 Assisted in the development and implementation of the Court's vision, policy development, strategic planning and organizational management. Duties included daily operations, management and strategic planning of the entire court operation. Responsibilities also included coordinating and managing the fiscal and administrative functions of the Court including an annual operating budget of $32 million. Controller- Hamilton County Clerk of Courts Dec 1990-Oct 1993 Responsibilities and duties included budget, personnel, payroll and purchasing administration. Other duties involved fiscal auditing, performance auditing of business process and redesign and change implementation. Senior Legal Non-Commissioned Officer - United States Army Reserve April 1987 - April 1995 Supervised and performed administrative and legal support functions related to courts-martial proceedings, line of duty investigations and legal research. Duties also included the management and supervision of all enlisted personnel. Other duties included the operation and management of the legal center computer system as well as direct assistance to higher command computer system. OTHER EXPERIENCE Councilmen / Laurel Oaks Elementary School Advisory Council August 2002 - present 2"a Vice President / National Juvenile Court Services Association March 2001 to Present Board Member / Delhi Township Zoning Board June 2000- June 2002 Treasurer / Ohio Urban Juvenile Court Administrators Association October 1999 - June 2002 President / Rapid Run Homeowners Association July 1999 - June 2002 President / Friends and Families of Hemophilia March 1999 - present 3~a Vice President / National Juvenile Court Services Association March 1999 - March 2001 Treasurer / Committee to Keep Robert Taylor Judge January 1999 - June 2002 Councilmen / Governor's Council on Juvenile Justice January 1999 - June 2002 Instructor / Court Security Basic Training September 1997 - June 2002 Vice Chairmen / Hamilton County RepUblican Party January 1999 - March 2000 Treasurer / Hamilton County Republican Party May 1996- January 1999 Magistrate / Hamilton County Juvenile Court March 1995 - June 2002 Unofficial Juvenile Referee / Delhi Township May 1994 - June 2002 Treasurer / Committee to Re-Elect Judge Hendon 1994 - 1996 Real Estate Agent / Thiemann Realtors ' 1992- 1995 Treasurer / Committee to Keep Judge Michael K. Allen 1992- 1996 Computer Analyst / H. Dennert Distributing Company 1987- 1990 AFFILIATIONS Florida Government Finance Officers Association Florida Bankers Association St. John the Evangelist Church Oak Hills High School Alumni Association University of Cincinnati Alumni Association Gamble-Nippert YMCA Ohio Supreme Court Security Committee Ohio Court Administrator Association Ohio Urban Juvenile Court Administrators Association Juvenile Court Advisory Board Youth Service Board Ohio Referee and Magistrate Association International Association of Court Services Officers National Juvenile Court Services Association National Council of Juvenile and Family Court Judges National Association of Court Administrators Prevention Policy Board of the Urban Appalachian Council Crisis Response Oversight Committee Ohio Mental Health Task Force Hamilton County Human Services Long Range Planning Commission Hamilton County Republic Party Executive Committee Delhi Township Republican Club / Ward Chairmen and President Executive Board / Hamilton County Family and Children First Council Ohio Child Welfare Shareholder Ohio Title IVE Leadership Council FACULTY PRESENTATIONS Leadership Development, National Juvenile Court Services Association, 2002 and 2001 Training Conference Court Administrators Caucus, National Council of Juvenile and Family Court Judges Association, 2002, 2001 and 2000 Annual Conference Probation Officer Safety, National Council of Juvenile and Family Court Judges Association, 2000 and 2001 Annual Conference Probation Officers Safety, National Juvenile Court Services Association, 2000 Training Conference A WARDS "Public Administrator of the Year", Early Careerist Category, awarded by the American Society of Public Administration, April 2000 "Dedication in Securing Justice in Ohio Courts", awarded by the Ohio Supreme Court and Ohio Judicial Conference, June 1999 "Distinguished Honor Graduate", awarded by the United States Army, Non- Commissioned Officers Course, April 1994 "Distinguished Honor Graduate", awarded by the United States Army, Legal Specialist School, December 1987 PERSONAL DA TA Married to Reiko L. (Meyer) Two children: Patrick, 10; Meghan, 7 MEMORANDUM DATE: TO: FROM: December 13, 2002 Winona Stone, Staff Liaison County Government Productivi~ ~mrnittee Sue Filson, Executive Manager ,/) 3l Board of County Commissionex's' County Government Productivity Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Albin A. Kozel, Jr. 5308 Hawkesbury Way Naples, FL 34119 Stephen L. Price 6062 SR29 South Immokalee, FL 34142 Joe Mumaw 2 Water Oaks Way Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 12112/2882 15:12 2394557329 MAILBOXES ETC ~ /-,~_~o,~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 PAGE 01 F~ No. B~i~ess Phone:. Business: ~'~ - ~ ~'~ Board or Committee Applied for:~ ~o~/ ~o~~_ ~o~,~ ~ Example~ Come,on Db~let, D~F, unv~onmen~tls~ hY ~m, eg. Are you a reg~red voter in Co.er Coup: Yes ~ No Do you current~ hold public o~ce7 Yes No ~ lfs~ ~at is t~t o~ce~._ Do ~u now ~, or ~ you ~er se~e~ on a Co,er Coun~ ~ or ~mml~T Y~ If~ plebe ~ ~e co~e~rds~ Appli? ion for Advisory Committees/Boards :-'~! '~'-~. ~ -.:. .,:?~ I"~ ,-'_-'~.~_:' Home Phone: ....0~?~- ~'0,~ 0 zip code:_ No ,~ Please list your community activities (civic clubs, neighborhood associations, etc. and position~ held: -~' .~.'ev~___ o~ ~ /~p ~ ~o~ o~~ ~5~o~. ~~ ]Pie~t~t ad~ci~ an.~ ~dd~tiomtl Mformdtlms you fect ptr~e~ TMt al~pllcatl°n sh°uld bt f°rwatdtd t° $ug lql~°n' i Board v/County Commt~lanzrt, $$§1 gatt Tamlarni Tral~ NalHeS, FL $411~ If ywt w~sit, ple~stt far your a~o~ll~ ~nattto~u~tHtont'i~ll~£O~,~n_~ Tka~tkyouformlant~wlngto~ervtti~cm?~v°fG°tli~rC°u~' Name: Board of County Commissioners 3301 East Tamiami Trail Nap/es, FL 3411.2 .... -,, ,~Y. (941) 774.-80~t~-;~! ¥ --~/' F~: (941) 774-~2 Home Address:_L~_. 00 A(o _/,~'--~ .,~.. ! ~~ ~ Zip Code: / C~o~ (if~ppli~ble): Are you a r~h~r~ voter in Collier Co~: Yes Do you currently ~ public office? Y~ No lfso, w~l ~ that /.\ ; _ Application for Advtsory Committees/Boards Home Phone: ~__~_~ Do you now serve, or hav~ you cwr servr~ ~u a Collier Counq b~ or ~m~' y~ ~ ~o ~se INt yo~ com~ni~ activitis (cNic clu~, migh~rb~d as~Nfiom, etc. a~ ~sifio~ held: Education:_ g~e ,SH, O~/t,._/t' Experience: $~ ~. ,4~ LJ Pteuse uttaclt anp additional information yo~ feelpertlnet,g Ti~ Biography for Stephen L. Price Occupation/ Title: BORN: }Vife: Cht7dren: Degrees: Narrative: Chairman, President & Chief Executive Officer Florida Community Bank 1400 North 15th Street Immokalee, FL 34142-2202 March 22, 1950; in Ft. Myers, Florida Janet Price 3 children, 5 grandchildren Graduated from University of Florida in December 1972 with a BS/BA in banking and finance, and School of Banking of the South at Louisiana State University in 1978. At age 13, Steve moved to Immokalee when his father, William G. (Bill) Price, became President and CEO of the privately owned Bank of Everglades which the Senior Price lead to being a highly profitable community owned bank, with a new name, First Bank of Immokalee. Steve began a full time banking career on January 2, 1973, at First National Bank in Fort Myers. On November 19, 1976, he was promoted to President and CEO of South County Bank, in Venice, Florida, and held various positions with Southwest Florida Banks, Inc. (parent company of First National and South County) until December 1981. In December of 1981, Steve became Executive Vice-President of First Bank of Immokalee and was promoted to President in December 1983. In January 1990 he became the C.E.O. of First Bank of Immokalee. In July 1996 First Bank of Immokalee became Florida Community Bank. Steve is very active in community affairs, especially youth related activities in Immokalee. He is a past president of both Immokalee Little League and Immokalee Pop Warner Football. He is an active member of the Immokalee High School Quarterback Club and serves as the announcer for both the football and basketball games. An avid supporter of all Immokalee schools, he is always willing to be a guest speaker to classes or groups and worked with the Teens as Parents program at Immokalee High School to establish their first school to work program. For his continued support and contributions he has received an athletic achievement award from Immokalee High School for being their "#1 Supporter". He was nominated by Immokalee High School and in May 1999 received recognition from the Florida Interscholastic ~_thletic Administrators Association at their annual statewide conventiol "contribution to interscholastic athletics." Over his career, he has been a director and president of many organizations such as Rotary, Big Brothers/Big Sisters, YMCA, Chamber of Commerce, etc. He is an active member of First Baptist Church. He served on the Collier County Parks and Recreation advisory board during the construction of the Immokalee Community Park. He was significantly involved in the construction of the current First Baptist Church in Immokalee. He assisted RCMA in structuring a creative plan to acquire the former First Baptist Church building which now houses their state headquarters. He represented Guadalupe Center in negotiating their acquisition of the former Hopewood facility which is their current child care center and in the process obtained relief for them from having to repay a $500,000 pockets of poverty grant used to construct the building. He has been a member of the Collier County Airport Authority since its inception and served as its Chairman during the construction of the general aviation building, the first 20 T-hangars, and the development of the industrial park at the Immokalee Airpark. He has been a member of the Main Street Board and has served in the past on other community development committees such as the Empowerment zone committee and the enterprise zone board. He is the Chairman of the Immokalee Community Development Corporation. He is a member of the Board of Directors of the Immokalee Foundation and serves on its Beneficiary Advisory Committee. Under his leadership, Florida Community Bank, formerly known as First Bank of Immokalee, has consistently been one of the highest performing banks in Florida and at times in the nation. He has taken the bank fi-om being a $30 million asset bank earning approximately a half million dollars annually to being a half billion dollar asset bank earning well over $6 million in 2002. As a result of Florida Community Bank's high performance, Steve has been featured on the front page of the American Banker newspaper and the Business Monday edition of the Naples Daily News, as well as feature articles in the ABA Banking Journal and Florida Trend magazines and a cover story for the Florida Banker magazine. The leading analyst of Florida bank stocks, Allen Ewing & Company rated Florida Community Bank the third highest performing bank in Florida for 2001. Steve has served as a board member for both the Flor/da Bankers Association and the Community Bankers of Florida. Steve was elected by his peers to serve as the President of the Community Bankers of Florida for the fiscal year 1997-98. He currently serves on the their Government Relations Council. He served for several years on the American Bankers Association's Community Bankers Council and has served on that Council's executive committee. He has also served the ABA on their Government Relations Council. He has served as Chairman of the Florida Commercial Lending School at the Unive-s~:~EIq-D~l~'- ~,..,', 2 g 2~~33 South Florida. In 1992 he received the Community Bankers of Florida's "Horizon" award which is awarded annually by the Association President to the person they deem to have contributed most to the industry. In September 1999 he was selected by the Florida Bankers Association as "Banker of the Year" for the state of Florida. Name: Home Address: Fax No. ~ Business: Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-360~ECE]VE~? · 200Y- Application for Advlsory Comm tt q]b Pi]s Business Phone: Home Phone: Zip Code: e-mail address: ~ Board or Committee Applied for: Category (if applicable): Example: Commissioa District, Developer, environmentalist, lay persoa, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? No Do you now serve, or have you ever served, on a Collier County board or committee? Yes L.''/' No If yes, please list the.committees/boards: . -- ~ IbO~b v(.-.¢'{ ¢' ( 'T"r C rO"]"2'~'~ 'X' :'" '' Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education, Experience: Plea~e attaclt any additional information you feei pertinen£ This appllcation should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami ]'rail, Naples, FL 34112. If you wish, please fax your application to (941) 774-3602 or e-mailto su~ilson~..collic, rgov. mm ~l~ankymtfor vob~ to t~r~,ettt¢ citi~nt ofCollitr Cotmty. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO LELY GOLF ESTATES BEAUT~ICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 1, 2005, on the Lely Gold Estates Beautification Advisory Committee. CONSIDERATIONS: This 5 member committee assists and advises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the.backup. We currently have 1 vacant position on this committee. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Tony Branco MSTU Boundaries 1 Yes None Thomas R. LaBarre MSTU Boundaries 1 Yes None COMMITTEE RECOMMENDATION: Tony Branco FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confa'ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 28, 2003 To: From: Date:. Subject: Memorandum Sue Filson, Executive Manager Board of County Commissioners Bob Petersen, Project Manager Transportation Landscape Maintenance January 16, 2003 New Lely Golf Estates Beautification MSTU Advisory Committee Member The Lely Golf Estates Beautification MSTU advisory committee held their regularly scheduled meeting on January 16, 2003 at 4:00 p.m. at the Stormwater Conference Room, 2685 S. Horseshoe Drive, Suite 212. At this meeting the committee considered the resumes of 2 applicants, Tony Branco, and Thomas R. LaBarre. The committee felt that both candidates were equally qualified, but decided that Tony Branco had expressed an interest in a seat on the committee fn'st. It was the unanimous decision (3 to 0) of the committee present to recommend Tony Branco for appointment to the open position on this committee to the Collier County Board of County Commissioners. cc: Michael A. Etelarnaki, P.E. Road Maintenance Director Transportation Operations Department Name Lely Golf Estates Beautification Advisory Committee Work Phone .4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William C. Erickson 136 Pebble Beach Circle Naples, FL 34113 District: 1 Category: Mr. Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 District: 1 Category: Mr. Ron Torp 349 Pinehurst Circle Naples, FL 34113 District: 1 Category: Mr. VACANT 263-2810 01/12/99 10/01101 2 Years 10/09/01 10/01/05 4 Years 774-9311 774-3174 12/17191 10/01/93 2 Years 10/09/01 10/01/05 4 Years 10/08/02 10/1/06 4 Years 10/01/05 Naples, FL District: 1 Category: Mr. Robert M. Slebodnik 32 Pebble Beach Boulevard Naples, FL 34113 District: 1 Category: 02/27/01 775-3491 10/08/02 10/01/02 1.5 Years 10/01/06 4 Years }t,'edn~sday, October 09, 2002 .Page I of 2 Name Lely Golf Estates Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-69 to prepare and recommend an itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of County Commissioners in carrying out the services of the taxing unit. Members must reside within the boundaries of the municipal service taxing unit_ Terms are 4 years. FL STAT 125.01 Staff: Bob Peterson, TransPortation: 213-5853 R/edn~sday, October 09, 2002 Page 2 of 2 MEMORANDUM DATE: TO: FROM: January 13, 2003 Elections Office & Sue Filson, Executive Manag Board of County Commissioners~J · RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LELY GOLF ESTATES BEAUT ADV COMM Tony Branco 147 Pebble Beach Circle Naples, FL 34113 Thomas R. LaBarre 24 Pebble Beach Boulevard Naples, FL 34113 COMMISSION DISTRICT Thank you for your help. p~,. ~ MEMORANDUM DATE: TO: FROM: January 13, 2003 Bob Petersen, Landscape Engineer II Transportation Department ~Q~ Sue Filson, Executive Manager /~ Board of County Commissionersw' Lely Golf Estates Beautification Advisory Committee As you know, we currently have vacancies on the above-refereni:ed advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Tony Branco 147 Pebble Beach Circle Naples, FL 34113 Thomas R. LaBarre 24 Pebble Beach Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments JA~--lO--05~ ~RI 12:57 P~ 2~9 79~ 8446 P. 02 Board of County Commissioners .~ ~--~ 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941} 774-3602 Name: Home Address: Fax No. 793 -8446 Application for Advisory Committees/Boards Tony Bronco - 147 Pebble Beach Circle Business Phone: 514-5292 Ho. me Phone: 793- 4364 Zip Code: 34113 e-mail address: tjbvista~ear thlink .ne~ BusineSS: Board or Committee Applied for: Lely Median Category (ifapplicable): Advisory Board Example: Commission District, De~eloper, euviroamentalbt, lay per~on, cie. Are you a registered voter in Collier County: Yes X Do you currently hold public office? Yes No lf~, what is that Beautification Member No 'X Cor~mittee, St. Andrews you now serve, or have you ever ~erved, on a Collier Count)' board or committee? Ye~ lfy~, pleme li~ the eommittee~oonrds: No X Please list your community activities (civic clubs, neiRhborhood issociat]ons, etc. and positions held: Lely Civic Association ~16yrs. Education: Bachelors Degree in Economics & Computer Science Experience: Project Management, Communications Management Advertising & Product Photography Please altacb any additlonal lnformatlon you feet pertinent. Tkls appllcotlan sbould be for~arded to Sue Iqlson, E. recutive Manoger to tl~e Board of CounO~ Commissionen, $$§1 East Taml~i Trail, Naples, FL .741 I ~. If you wisk, please far your application to (94 0 774o$~ 2 or t-mail to rutfiison~colli~n'gov, net. Tkank you/or vot~nteoring fo ferte tkt c~iOmt of Collier Calmly. Board of County Commissioners 3301 E~t Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory CommitteesfB°ards Name: '"~. ~. n,-~,z ~ '3 ,j..~ '7'~,~,-.r',~. Home Phone: ~'3-~ Home Address: ~ ~'~- ~.~' ~/~' ~~ ~' ZipCode: ~//~ Fax No. B~iness Phone: e-marl address: ~ ~;~ ~- C'~,~ Catego~ (if applicable): /r~q ~ ~r Ex~m~: Comm~io~ D~el~ ~wlo~r, ,~viro~m~l~t, ~y ~a, etm Are you a reg~tered voter in Collier Count: Yes Do you currently hold public office? Yes No if~ ~at is that Do yo~ now s~*, or have yo~ ~r s~ oa a Collier Coua~ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any additional informatlon you feel pertinent. This application should be forwarded to Sue Fllson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34 ! 12. If you wisk, please fax your application to (94 I)774-3602 or e-mail to suefilson~?colliergov, ne~ Tkankyoufor voluntt~i~g to serve the ~ of Coili~ County. EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY THE GREATER NAPLES AREA CHAMBER OF COMMERCE AND THE SOLID WASTE MANAGEMENT DEPARTMENT OF A SIX MONTH PROGRESS REPORT REGARDING THE SUSPENDED ORDINANCE ESTABLISHING A MANDATORY NON-RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY OBJECTIVE: To present the Collier County (County) Board of County Commissioners (Board) with a progress report on voluntary Non-Residential Recycling initiative for review. CONSIDERATION: On May 28, 2002 the Board proposed "Adopt the provisions of the Non- Residential Recycling Ordinance (Ordinance) as a framework that will be revisited 18 months from now and in the interim, a marketing plan put together by the Naples Area Chamber of Commerce and the Solid Waste Management Department..." for the purpose of encouraging recycling on a volunteer basis, with joint progress reports due to the Board by January, 2003, (six months), a joint mid-term report due to the Board by June 2003 (twelve months) and final report for action, or no-action if the volunteer program does not succeed, is due to the Board by December 2003 (eighteen months).The Solid Waste Management Department (Department), in cooperation with the Naples Area Chamber of Commerce (Chamber) now brings the first progress report to the Board (Exhibit 1). FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board review the six-month progress report of voluntary Non-Residential Recycling initiative. SUBMITTED BY: Denise Kirk, Waste RedXuction & Recycling Manager, Solid Waste Management Department REVIEWED BY: ~ '~¢¢'~'¢'"~ ~ -t~ Date: i/"~ ~/2, Director, Solid Waste Manag~nt '~"~a~;~-W. DeLony, P.E./' ~...~ic Utilities Administrator / G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Department Date:///7/~:~/z9 -~' ,0. /O ~ JAN 2 8 2003 PG. _ / Interim Progress Report Voluntary Non-Residential Recycling Initiative January 2003 Greater Naples Chamber of Commerce and Solid Waste Management Department GOAL: To increase the commercial participation rates and current commercial recycling rates through sustainable, ecologically sound and cost-effective methods toward extending the life of the Collier County landfills. APPROACH: The Greater Naples Area Chamber of Commerce (Chamber) and the Solid Waste Management Department (Department) are jointly developing a marketing and outreach plan to promote voluntary non-residential recycling that is both beneficial to the business community and meets the County's goal of increasing non-residential recycling participation and preserving landfill capacity. The Chamber and the Department have met on numerous occasions and have communicated numerous times via mail, telephone, facsimile, and e-mail to discuss methods to increase non-residential recycling on a voluntary basis. BACKGOUND/CONSIDERATIONS: During the March 27, 2001 Board meeting, the Department was directed to develop a Mandatory Non-Residential Recycling Ordinance (Ordinance) with the goal to increase recycling participation amongst the business community. The Department developed the Ordinance over a period of 14 months to allow time to study the financial impacts to businesses as well as to discuss concerns with business groups and interested citizens. During this period, the Department met extensively with public and private interest groups and conducted a pilot study using representative businesses. In addition, the Department performed a benefit/cost analysis to quantify the financial impacts to businesses. The Ordinance, which incorporated many of the comments received from the various interest groups, was presented to the Board for adoption on May 28, 2002. The Board voted to postpone the adoption of the proposed Ordinance and decided to instead allow non-residential recycling to continue on a voluntary basis for 18 months. The Board directed the Department to provide technical assistance to the Chamber in support of developing a marketing plan to inform and educate businesses in the County about the benefits of recycling. As part of this decision, the Board requested that the Chamber and the Department provide three status updates at six-month intervals during the 18-month period. This IPR is the first of three scheduled status updates over the next 12 months. HISTORY: Opportunities for business recycling have existed in Collier County for many years. Larger businesses have found an economy of scale that made pursuing recycling options cost effective. County Recycling Centers are used by small businesses. AGENDA ITEM n0._ /t9 - ~ JAN 2 8 2003 PG. ~ To encourage business recycling, the Chamber and the Economic Development Council of Collier County (EDC), in partnership with the Department, developed and implemented a business recycling program in 1995. At that time the Chamber/EDC Coalition for Government Affairs had an Environmental Policy Committee. This committee, with wide representation from business, government and environmental not- for-profit organizations, including the recycling coordinator for the Department, developed criteria for nominating businesses to receive the "Business Recycler of the Month" award. Nominated businesses were ranked and voted on monthly by the committee. Presentation plaques, paid for by a state grant written by the Department, were formally presented to each business. Acknowledgement and a photograph of the monthly winners were published in the Chamber Currents. Media coverage xvas sought from the Naples Daily News. The program started with the first award in September 1995, and continued throughout 1996 and into 1997. A partial list of recipients include the United States Post Office, Naples Daily News, Ritz-Carlton Naples, Wilson Miller Barton & Peek, Inc., Colliers Reserve, Sam's Club, Verlo of Naples, Publix, The Conservancy, McDonalds and Tuff Publications. The program drifted to a close for a variety of reasons including the termination of state grant funds for award plaques, change of the staff in Department and subsequently at the Chamber. CURRENT BUSINESS RECYCING: The EDC provided the Chamber xvith a list of the one hundred largest employers in Collier County. This list is produced and maintained by Dun & Bradstreet and purchased from them by the EDC. Several businesses were eliminated for a variety of reasons. One was a membership not-for-profit with no employees and several had small local offices with employee payrolls reflecting out-of-County staff such as the State Attorney's office and a staff leasing firm. To the greatest extent possible these businesses were contacted to determine the extent of their current recycling efforts. A "Recycling Interview Form" was completed for each business contacted providing contact names and telephone numbers, items recycled, and, when possible, the method of recycling used. Information was requested on recycling of aluminum, cardboard, glass, ferrous metals, office or mixed paper, newspaper, non- ferrous metals, plastic and other items. The majority of businesses contacted already recycled multiple items. In general, the data showed that the larger the business the more active and extensive the recycling effort. One major exception is the Collier County Public Schools. There is currently no district- wide recycling policy. An analysis was performed four years ago of district-wide recycling possibilities. The conclusion at that time was that such a program would be cost prohibitive. All thirty-eight schools/sites function autonomously and vary widely from NO. ~T£~ ~ JAN 2 8 2003 PG. ,,~ aggressive programs to no recycling. The City of Naples provides recycling pick-up to all schools in the city. The businesses interviewed employed from 4,400 employees (Collier County Public Schools) to 100 employees. In the smaller companies frustration was often expressed with regard to opportunities and options for recycling. Many wanted to "do the right thing" but were unsure of how to proceed. Some businesses had recycled in the past but no longer did so due to changing conditions including loss of haulers, increased costs, and staff support. Interestingly, many smaller businesses recycle through staff efforts to transfer materials to the residential curbside program. Some aluminum is actively sought by not-for-profits for income including Collier County Domestic Animal Services, Conservancy of Southwest Florida Wildlife Animal Rehabilitation Clinic and some churches. The Chamber conducted research that included the distribution of an fax survey to member businesses. They were asked for information regarding their knowledge of recyclable materials, their current level of participation and their interest in starting or increasing their office recycling. Key information garnered from this survey include that nearly half of the member businesses responding already recycle voluntarily. Additionally, an overwhelming majority of member businesses responded that they would participate in a Countyxvide initiative to voluntarily increase recycling by area businesses. The climate in the business community of Collier County today is proactive and pro-recycling. Businesses are looking for positive solutions and will be receptive to marketing and outreach efforts. It should be noted that the commercial sector is responsible for generating approximately 60% of the solid waste generated in the County, based on nationwide data provided by FDEP, yet in calendar year 2001, the commercial sector accounted for less than 40% of recycled material. This indicates that there is a significant opportunity to increase both recycling participation and recycling diversion in the County. As a quarterly reliable indicator, County will use data obtained from the largest hauler in Collier County, Waste Management, Inc. Florida (WMIF) to monitor the progress since statewide data is reported by FDEP annually, not on a quarterly basis. On an annual basis, FDEP data will be used as part of annual progress in addition to data from the two County contracted waste haulers Waste Management, Inc. and Immokalee Disposal, Inc. Number of *businesses WMIF provided garbage pick up for 2001 = 3,951 Number of *businesses WMIF provided garbage pick up for 2002= 4,157 Number of*businesses WMIF provided recycling pick up for 2001 = 637 Number of*businesses WMIF provided recycling pick up for 2002 = 662 *Permanent, not temporary (non-franchised) business customers 3 I JAN 2 8 2003 Non-residential recycling participation rate for 2001 = 16.1% Non-residential recycling participation rate for 2002 = 15.9% Naples, Marco and Carnestown Recycling Centers show a 1% increase of recycling drop off (632) customers from 2001 to 2002. Number of recycling customer visits for 2001 = 13,881 Number of recycling customer visits for 2002 = 14,513 It can be concluded that there is a decreasing trend in voluntary business recycling. ACTION PLAN: The Department will continue to meet with the Chamber to refine and help deploy the Marketing Plan. Thus far, the following list represents the status of the Action Plan: Completed · County/Chamber jointly reviewed business recycling data · County provided small business volunteer waste audit program materials through and contact to Keep Collier Beautiful · County collected and provided to Chamber, business recycling education materials from neighboring counties · County created and provided outreach materials to Chamber for distribution · County created and distributed recycling/waste reduction print materials · County website posting; business recycling information · County created and aired public service announcements on County Channel 11/16 · County funded multi-media advertising/public education campaign · County expanded recycling centers targeted at business recycling drop off · County placed new containers for recycling materials drop off at Carnestown Recycling Center · County-owned and serviced cardboard recycling drop off containers (12) · County in-house recycling program expansion · County hazardous waste and waste tire round up events · County staff solicits and responds to requests for speaking engagements and presentations by County staff to schools, service and community organizations · Chamber faxed information gathering survey to membership list · Chamber established non-residential recycling review committee · Chamber retained consultant to assist in non-residential voluntary recycling initiative · Chamber interviewed largest employers in County · Chamber had meetings with Zero Waste of Collier County · Chamber developed preliminary marketing plan MARKETING PLAN: County staff continuously markets recycling through 24-hour recycling telephone hotline and websites, multi-media advertising campaigns, brochures, posters, publications, media interviews, promotional materials, presentations to community service clubs, schools and 4 AGENDA ITEN JAN 2 8 2003 other organizations. Broad-based community-wide participation will be the key to the success of a non-residential recycling program. MEASURABILITY: County and Chamber staff identified three reliable, cost-effective methods of measuring progress: 1) Franchise Participation Rate: equal to number of businesses provided recycling pick-up by County franchisees divided by number of businesses provided garbage pick- up by County franchisees. 2) County Recycling Centers: number of commercial drop-off visits. 3) Non-residential solid waste disposal rate: equal to number of businesses provided garage disposal by County franchisees divided by total non-residential tonnage. TIMELINE The Chamber and the Department staff will jointly present two additional status reports at six-month intervals (June 2003 and January 2004). JAN 2 8 2003 PG..,..~ .:. EXECUTIVE SUMMARY REQUEST FOR BOARD APPROVAL, IN ACCORDANCE WITH COLLIER COUNTY RESOLUTION NO. 95-632, FOR OUTSIDE COUNSEL TO REPRESENT INDIVIDUAL DEFENDANTS IN THE FLORIDA WATER SERVICES CORP. V. COLLIER COUNTY, ET AL, LAWSUIT, AND FOR THE RELATED PURCHASING POLICY WAIVER DUE TO EXIGENT LITIGATION CIRCUMSTANCES. OB,JECTIVE: That the Board of County Commissioners (BCC) approve the hiring of outside 6ounsel for individual BCC and Collier County Water and Wastewater Authority (Authority) defendants in the litigation styled Florida Water Services Corporation v. Collier Cottlt~, et. al., a case filed in Collier County Circuit Court. In addition, that the BCC waive formal competitive selection requirements under the Collier County Purchasing Policy as being in the best interest of the County due to the exigencies of litigation. CONSIDERATIONS: Florida Water Services Corporation (FWSC) has instituted litigation against the BCC, individual commissioners, the Authority, individual members of the Authority and the Clerk of Courts (in his official capacity and not individually). A copy of the complaint is attached for informational purposes. In essence, the complaint alleges that regulatory assessment fees have been improperly collected and used. The complaint seeks injunctive relief regarding the use of the fees as well as the amounts being collected. The complaint further requests an accounting for alleged illegal fees and seeks damages for alleged breach of fiduciary duties regarding alleged unauthorized and illegal uses of the fees. Finally, the complaint makes a demand for attorneys' fees. Collier County Resolution No. 95-632 provides that the BCC may provide legal representation to individual commissioners as well as members of Collier County created authorities in civil actions. See Sections I and 2 of Collier County Resolution No. 95- 955-632. It is the joint recommendation of the County Manager's Office and the County Attorney's Office that the Office of the County Attorney provide the defense for the BCC and the Authority. It is further recommended that two outside counsel be obtained to represent the individual BCC defendants and the Authority individual defendants respecti rely. The Collier County Purchasing Policy provides, in Section 7G that requests for outside legal services may be exempted from formal competition by the BCC at the request of the County Manager or the County Attorney. The Purchasing Policy also provides, at Section 5A3, that the requirement for formal competition may be waived by the BCC to do so. rlr~.the-present.___ where it is determined to be in the best interest of the County ~ ~ r M served I~y it is anticipated that the complaint shall be circumstances, JAN 2 8 2003 defendants in the very near future. It is in the best interest of the County to quickly obtain outside counsel to begin preparation of the case. Once service has been achieved, mandatory timeframes for response will begin. It is necessary to avoid a lengthy competitive selection process to enable the entity and the individual defendants to be prepared to respond to the complaint when served. In the interim, the County Attorney is obtaining quotes from attorneys/law firms to be presented for consideration by the BCC at the time of this Agenda item. The Clerk, as a separate constitutional officer, has his own counsel and this Executive Summary does not include obtaining counsel for the clerk. FISCAL IMPACT: Initial estimated fiscal impact is $50,000.00. Funds are available in General Fund Reserves to be transferred to the Office of the County Attorney's budget, Fund 001. If it is determined that it is appropriate to pay for legal services from the Utility Regulation Funds, another budget amendment will be prepared and processed to reimburse General Fund Reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the BCC, in accordance with Collier County Resolution No. 95-632, approve the hiring of outside counsel for individual defendants of the BCC and the Authority in the Florida Water v. Collier County et. al case. Further, that the BCC waive Collier County Purchasing Policy formal competition requirements as being in the best interest of the County due to the exigencies of litigation. Finally, for the BCC to approve the budget amendment in the amount of $50,000.00 to cover the cost and fees of outside counsel. Ram~ro Mafialich, Chief Assistant County Attg~ey REVIEWED BY: ~~ D. E. Wallace, Director CDES Operations APPROVED BY: David C. Weigel, t~ County Attorney H/Ramiro/Executive Summary/Florida Water Date:/-~ l- (Z2~ Date: /~ ,.9 /..-- ~ ~ JAN 2 8 pg. Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. 231S AARON STREET 339S 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY; FLORIDA FLORIDA WATER SERVICES CORP- ORATION, for itself, and on behalf of all other taxpayers of Collier County, Florida; P1ai~,tiff, VS. COLLIER COUNTY, a political subdivision of the State of Florida; the BOARD OF COMMISSIONERS of Collier County, Florida; JIM COLETTA, individually, and as the Chairman of the Board of Commissioners of Collier County, Florida; TOM HENNING, individually, and as a Member of the Board of Commissioners of Collier County, Florida; FRED W. COYLE, individually, and as a Member of the Board of Commissioners of Collier County, Florida; DONNA FIALA, individually, and as a Member of the Board of Commissioners of Collier County, Florida; FRANK HALAS, individually, and as a Member of thc Board of Commissioners of Collier County, Florida; the COLLIER COUNI~ WATER AND WASTEWATER AUTHORITY a unit of the Collier County government; ROBERT C. BENNETT, individually, and as a Member of the Collier l County Water and Wastewatcr Authority; GREGORY E. SMITH, individually, and as a Member of the Collier County Water and Wastewater Authority; DR. DAVID R. BILES, individually, and as a Member of the Collier County Water and Waste water Authority; GREGORY E. SMITIt, individually, and as a Member of the Collier County Water and Wastewater Authority; ANDRE M. LECRONE, individually, and as a Member of the Collier County Water and Waste water Authority, and DWIGHT E. BROCK, as the Collier County Clerk of the Circuit Court, but not individually; Defendants. Case No. COMPLAINT FOR INJUNCTIONS, ACCOUNTING ND DAMAGES.- JAf, 2 8 2003 Law Offices FARR, FARR, EMERICH, SIFRIT HACXET-F AND CARR, P.A. ATTO~EY$ AT LAW ~9 NESS~' STREET The Plaintiff, FLORIDA WATER SERVICES CORPORATION (FLoRmA WATER), fc itself, and on behalf of all other taxpayers of Collier County, Florida, sues the Defendants (collectively, the D£F£~DA~TS): COLLIER COUNTY, a political subdivision of thc State of Florida (the COUNTY); the BOARD OF COM1VIISSIO~ of Collier County, Florida (institutionally and historically, the BOARD); the current members of the BOAR.D, the same being JIM COLETTA, individually, and as the Chairman of the BOARD (COLETTA), TOM HENNING, individually, and as a Member of thc BOARD (t{E~G), FRED W. COYLE, individually and as a Member of the BOARD (COYLE), DONNA FIALA, individually, and as a Member of the BOARD (FIALA), and FRANK HALAS, individually, and as a Member of the BOARD (HAL~); the COLLIER COUNTY WATER AND WASTEWATER AUTHORITY a unit of the Collier County government; the current members of the Collier County Water and Wastewater Authority, the same being ROBERT C. BENNETT, individually, and as a memb~ of the Collier County Water and Wastewater Authority (BENNETT); GREGORY E. SlVIITH, individually, and as a member of the Collier County Water and Wastewater Authority (SlVIITI1); DR. DAVID R. BILES, individually, and as a member of the Collier County Water Wastewater Authority (BILES); GREGORY E. SNIITI-I, individually, and as a member of thc Collier County Water and Wastewater Authority (SMITH); ANDRE M. LECRONE, individually, and as a member of the Collier County Water and Wastewater Authority (LECRONE), and DWIGHT E. BROCK, as the County's Clerk of the Circuit Court, but not individually (the CLERK). ALLEGATIONS COMMON TO ALL COUNTS 1. FLORIDA WATER is a Florida corporation, with an office for the transaction of business in the COUNTY. FLORmA WATER owns real and personal property ia, and is a taxpayer of the Coum'v. 3. governing body of the COUNTY. Thc COUNTY is a political subdivision of the State of Florida, and the BOARD is thc 2 ~'~ 2 S ~:u'-~,~ Pg. Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. ATT~h'Y5 AT I,~,W ~9 NE~IT S'FREET ~A GO~ ~ 231~, ,~,~,RON ~TR~ET PORT (34A~l.O'f'~. ~, 339r'2 4. Thc Collier County Water and Wastcwatcr Authority (thc AUTHORITY) is a urdt of thc Collier County government, and a crcaturc of Ordinance 96-6, codified in thc Collier County Code of Ordinances, and entitled Collier County Water and Wastcwatcr Utilities Regulatory Ordinance (thc O1OINANCE). 5. COLBTTA is thc Chairman, and HE--G, COYLE, FIALA and HALAS are the current members of the BOARD. 6. COLETTA, HENNING, COYLE, FIALA, and HA.LAS are collectively hereinafter referred to as the COMMISSIONERS, irt their representative capacities, and with regard to their respective incumbencies. 7. BENETT, BILES, SMITH, AND LECR. ONE are members of the AUTHOmTY (collectively, the AUTHOmTY MEMBERS), and along with the COMlVaSSIONERS, are collectively referred to as the INDIVIDUAL DEFENDANTS in their individual capacities. 8. The CLERK is the Chief Fiscal Officer of the COUNTY (the CFO), and, in his capacity as the CFO, is the disbursement agent for the COUN'IT, in which capacity he is required both to assure that all disbursements are made for proper and authorized purposes, and to disapprove disbursements that are unauthorized, illegal, ultra vires, and/or extra-fiducial. 9. The COUN'I~, the BOARD, the COMM~SSIOI~RS, the AUTHORITY, the AUTHORITY MEMBERS and the CLERK are collectively hereina~er referred to as the OFF, CIViL DEFENDANTS. 10. FLORIDA WATER is an investor owned regulated public utility company (a RPU) that operates wastewater treatment and potable water supply systems throughout the State of Florida (the STATE), and serves approximately 2,900 wastewater treatment and approximately 8,300 potable water supply customers in the Marco Island and Marco Shores areas of the COUNTY (the MARCO SYSTEM). 11. FLORIDA WATER is regulated pumuant to Ch. 367, Fla. Stat. (the STATUTE), as are all investor owned wastewater treatment and/or potable water supply companies (the CH. 367 COMPAi'O/or COMI'ANIES), primarily by the Florida Public Service_Commission (thC_~SC), Law Offices FARR, FARR. EMERICH, SIFRIT HACKETT AND CARR, P.A. AT'TOR~EYS AT LAW 2315 AA~(~,4 STRE'~' but, for discrete systems ofa RPU that are located and operated wholly within one (1) count3 that county, by resolution and/or ordinance adopted pursuant to §367.171(1), Fla. Stat., can assume the utility regulatory jurisdiction otherwise exercised by the FPSC regarding such systems. 12.. Pursuant to §367.171(1), Fla. Stat., the COUNTY enacted the ORDn4^NCE and thereby assumed from the FPSC all regulatory jurisdiction over all RPU's located and operated solely within the COUNTY'S boundaries. 13. Pursuant to the ORDIN^NCE, and as authorized by §367.145(1), Fla. Stat., the DEFENDANTS, other than the CLERK (the FmUCL~RY DEFENDANTS), have levied upon FLORIDA W^TER, and FLOmD^ WATER has paid to the COUNTY an annual regulatory assessment fee (the 14. Pursuant to §367.171 (8), Fla. Stat., the COUN'rY'S regulation of RPUs is required to be upon the same terms and pursuant to the same statutory requirements as would be the regulation of an RPU by the FPSC pursuant to Ch. 367, Fla. Stat., and, therefore, no deviation i~ any material respect from the standards of that STATUTE is permitted. 15. Pursuant to §367.145(3), Fla. Stat., the RAF levied on a RPU must be set at an amount that is reasonably calculated to cover, and may be used for, only the actual cost of the regulation of the RPU's subject to the COUNTY'S regulatory jurisdiction, but, pursuant to §367.145(1), Fla. Stat., may not exceed an amount equal to 4.5% of the gross revenues of the RPU derived fi'om its intra-county regulated utility business, excluding sales made for resale. 16. Pursuant to §367.145(3), the RAF collected by the COUNTY "... may only be used to cover the cost of regulating water and wastewater systems." (Emphasis added.) 17. Pursuant to the Om:)rN^NCE, the RAF collected by the Corn, trY is "to be used to pay for the ongoing costs of supervising and regulating [u]tilities in the county..." (Emphasis added) (Ordinance 96-6, Section 1-12(1')). 4 Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. A'I-rORNEYS AT LAW ~g NESB/T STRE~I' P.O. ORAWI~R ,511447 PtJI~¢A GORDA, FLORIDA 33950 2315AJd~ONST'REET PORT O4ARLO'I'TE. FI.OmDA 339~2 18. From enactment of thc ORDINANCE to September 30, 1997, the RAF was set at a mandatory level of 4.5% of the RPU's gross receipts fi:om utility service rendered within the COUNTY. 19. From October 1, 1997 to September 30, 1998, the RAF was set at a mandatory level of 3.0% oft. he RPU's gross receipts fi:om utility service rendered within the COUNTY. 20. From October 1, 1998 to date, the RAF has been set at a mandatory level of 1.5% of the RPU's gross receipts fi:om utility service rendered within the COUNTY. 21. The RAF, when collected, is held in trust by the COUNTY, in a segregated trust account maintained by the CLEm(. (the RAF TRUST FUND), for use in the manner and solely for the purposes prescribed in the STATUTE and the ORDrN^NCE, and the FIDUCIARY DEFENDANTS are charged with assuring the proper use thereof. 22. From 1996 to date the COUNTY has collected RAFs fi:om the RPUs in excess of the ongoing costs of supervising and regulating utilities in the county in violation of the STATLrrE and the ORDINANCE. As a result of the excess assessments referenced above, the COUNTY and the maintain a self designated "static reserve" exceeding one million dollars 23. AUTHOlU'rY ($1,000,000). 24. The DEFENDANTS, jointly and severally, have authorized the expenditure of, and have actually made expenditures and disbursements from the RAF TRUST FUND for purposes other than payment of the actual cost of regulating the RPU's within the COUNTY'S regulatory jurisdiction. 25. The expenditures described in the preceding paragraph, include, but are not limited to the prosecution and/or defense of litigation between the DEFENDANTS, jointly and severally, and, among Others, FL0mDA WATER, and/or meeting, cooperating, coordinating, and conspiring with, and otherwise supporting, other local government parties to such litigation, on matters unrelated to the regulation of any RPU within the regulatory jurisdiction of thc COUNTY, and Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. ATTOI~IL~YS AT LAW ~9 NESB~T STREET P.O. DRAWE'R $11447 PUNTA GORDA, FLORIDA 3~3950 2315 AAROel STREET I~RT CHARLQTT~ FLORIDA . 33952 ! calculated to interfere with, disrupt, and cause to fail the contractual relations of FLOP. mA W^TER with third-parties, and expenditures for litigation with FLOmD^ WATER and others, and/or cooperation with and support of others in the prosecution and/or defense of such litigation by others, regarding the COUNTY'S attempt to stop the sale by FLOmD^ WATER, of its statewide assets, including, but not limited to, the assets constituting the MARCO SYSTEM, to Florida Water Services Authority, a governmental agency created by an interlocal agreement, pursuant to §163.01(5), (6), & (7)(g)l., Fla. Stat., between the City of Gulfbreeze and the City of Milton, both situate in Santa Rosa County, Florida. 26. Each of the expenditures authorized and/or made, as described in the preceding two (2) paragraphs, are unauthorized, illegal, ultra vires, and/or extra-fiducial for the DEFENDANTS to have authorized, permitted, allowed, and/or made, and are a breach of their fiducia~ duty for the IND[WDU~_L DEFENDANTS, to have approved and/or permitted, and for the COLrNTY, the AUTHORITY or the CLERK to have disbursed. 27. The RAF is an indirect tax levied upon all customers of a RPU, and thc unauthorized, illegal, ultra vires, and/or extra-fiducial expenditure thereof by the DEFENDANTS will, inevitably, result in a greater indirect RAF tax being levied upon the said RPU, to be passed through to its customers, as a subsidy from them to other taxpayers, than would otherwise be the case. 28. The use by the D~:.FENDANTS of the RAF T~UST FUND for unauthorized, illegal, ultra vires, and/or extra-fiducial purposes will inevitably result in the levy of a RAF upon FLOmD^ WATER in an amount in excess of what would otherwise be the case, to the direct pecuniary damage both of FLOlUI)^ WATER and of its customers. COUNT I PRO~mlTORY INJUNCTION RESTR.adNING UNAUTItOI~TZ~..n, II.LI*.GAL~ AND/OR ~JLTR~I I/IRES USE OF REGULATORY A~SSESSi~IENT FEES 29. FLORIDA WATER SUeS all of the OFHCUtL DEFENDXNTS, and seeks the issuance, by the Court, of a prohibitory injunction restraining and prohibiti~ g th~e,.OFFIciAL,,DEFENDANTS ioinfly and/or severally, from expending any portion or all of any RAY paid to or otherwise collected by the COUNTY, for any purpose other than the reasonable actual cost of its regulation of the RPU's within its regulatory jurisdiction. 30. Paragraphs 1 through 28 are realleged and incorporated herein by reference as fully as if set fotXh in full text. · 31. The OF~:IC~L DEVL~'qDn.~4TS are continuing to propose, approve, and make expenditures of the RAF TRUST FUND that are unauthorized, illegal, ultra vires, and extra- fiducial. 32. FLOVaDA W^TER, both for itself and for the other taxpayers of the COUNTY, has no adequate remedy at law. WHEREFORE, FLovat~^ W^TER requests this Court to enter its injunction to enjoin and restrain the OFFICIAL DEFENDANTS both from approving further proposals for, and from the actual making of, any expenditure of any portion or all of any RAF, from the RAF TRUST FUND or otherwise, other than for the actual reasonable cost of its regulation of the RPU's~ or a discrete system thereof, located and operated wholly within the COUNTY'S public utility regulatory jurisdiction. .COLrNT II MANDATORY INJUNCTION REQUIRING REGULATORY ASSESSMENT FEE TO BE SET AT AN AMOUNT 1NOT EXCEEDING Tm~ ACTUAL COST OF REGULATING REGULATED PUBLIC UTILITY COMPANIES 33. FLORIDA WATER sues the O~FI~AL DEFENDANTS, other than the CLERK (the REGULATOR DEFENDANTS), seeking issuance by the Court of a mandatory injunction mandating and requiring the t~d~GULATOR DEFENDAlqTS to refund, to all RPU's within the COUNTY'S regulatory jurisdiction, all RAF payments made by the said RPU's that are ia excess of the reasonable cost of RPU regulation by the COUNTY. 34. Paragraphs 1 through 28 and 32 are realleged and incorporat~l herein by reference as fully as if set forth in full text. 7 Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. ATTORN[Y$ AT LAW 99 NESBIT STR[ET PLINTA GORDA. FLORIDA 339ra0 35. From enactment of the ORDINANCE to September 30, 1998, the REGULATC DEFENDANTS, jointly and severally, set the mount of the KAF imposed upon each RPU within the COUNTY'S regulatory jurisdiction at an mount far in excess of the actual cost to the COUNTY of RPU regulation. 36.. The REGULATOR DEFENDANTS have accumulated in the RAF TRUST FUND, a substantial surplus of RAF payments (otherWise known as the Static Reserve) in mounts far in excess of the actual cost (or any reasonable projection of future cost) of RPU regulation by the 37. All or some portion of the Static Reserve was collected in direct violation of the Ordinance and the Statute. WHEREFORE, FLORIDA WATER requests the Court to enter its mandatory injunction requiring the REGULATOR DEFENDANTS to refund to the RPU's, on apro rata basis, the surplus and/or excess RAF payments made by the RPU's to, and either held, or inappropriately expended by, the FIDUCIARY DEFENDANTS, within which group the REGULATORDEFENDANrrs are include~ COUNT II1 Accounting for Unauthorized, Illegal, Ultra Vires, and Extra-Fiducial Expenditures of Regulatory Assessment Fees 38. FLORIDA WATER sues the FmUCLa, RY DEFENDANTS (the same being all of the DEFENDANTS except the CLERK) both in their institutional and/or representational capacities, and, as to the INDIVIDUAL DEFENDANTS, in their individual capacities, and seeks an accounting by each of them, jointly and severally, institutionally and individually, for each expenditure made, or approved to be, but not yet, made, of any portion or all of any RAF, from the RAF TRUST FUND or otherwise. 39. Paragraphs 1 through 28 and 32 are realleged and incorporated herein by reference as fully as if set forth in full text. Law Offices FARR, FARR, EMERICH, SIFRIT HACKET'r AND CARR, P.A, A'FTOP, NEY~ AT LAW 99 NES~rT~ STREET P.O. ~ 51 33950 2315 ~k,AFION STREET PO~T C}4,AI~OrTEo FLORIDA 33952 40. The FIDUCIARY DEFENDANTS, jointly and severally, institutionally and individually, have made unauthorized, illegal, ultra vires, and/or extra-fiducial expenditures, fi.om the R.AF TRUST FUND and otherwise, of portions or all of the RAF paid to the COUNTY by FLORIDA WATER and other RPU's. 41.. The unauthorized, illegal, ultra vires, and/or extra-fiducial expenditures made by the FIDUCIARY DEFENDANTS have not only been for purposes other than to "pay for" the cost of regulating the RPU's within the COUNTY'S regulatory jurisdiction, including, but not limited to, FLOmr)A WATER, but also have been used in ways, and for purposes, that are disruptive and damaging to FLOmDA WATER and its ability to render adequate and efficient potable water service to its customers both in the COUNTY and statewide. 42. Further, the unauthorized, illegal, ultra vires, and/or extra-fiducial expenditures of R.AF TRUST FUNDS, by the FIDUCIARY DEFENDANTS, have put at risk the health, safety, and welfare of those citizens, residents, businesses, and guests of, and visitors to, the CoubrrY that, because of the unauthorized, illegal, ultra vires, and/or extra-fiducial expenditures of the RAF T~UST FUND by the FmucI^RY DEFENDANTS, jointly and severally, institutionally and individually, have been denied adequate and/or efficient potable water service. 43. The unauthorized, illegal, ultra vires, and/or extra-fiducial expenditures by the DEFENDANTS have been made, jointly and severally, institutionally and individually, for the purpose of securing competitive, fiscal, electoral, and/or political benefits for the FIDUCIARY DEFENDANTS, jointly and severally, institutionally and individually, at the expense of FLOmDA WA'mR, and to the detriment of the health, safety, and welfare of the citizens, residents, businesses, and guests, of, and visitors to, the CoLrN'r,t' that are provided, or otherwise use, potable water service by FLORIn^ WATER. WHE~FO~, FLORIDA WATER requests this Court to enter its order requiring the FmUCIA~,Y DEFENDANTS, jointly and severally, institutionally and individually, both to account for all expenditures, from the RAF TRUST FIJND or otherwise, of any I 9 )ortion or all of any RAF Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. A'~'CX~NE'Y$ AT LAW 33550 paid at anytime to the COUNTY by any RPU, and to repay to, and/or reimburse, the RAF Taus', FUND any and all amounts of any such RAF expended for a purpose other than the regulation of a RPU within the COUNTY'S regulatory jurisdiction. COUNT IV Breach of Fiduciary Duty · FLORIDA WATER sues the FIDUCIARY DEFENDANTS, both in their institutional and/or representational capacities, and, as to the INDIVIDUAL D~-~:END^NTS, in their individual capacities, and seeks damages from each of them, jointly and severally, institutionally and individually, for the breach of their fiduciary duty to faithfully administer, preserve, maintain, and protect the integrity, the principal, and the income of the KAF T~UST FUND. 45. Paragraphs 1 through 28, 31, and 40 through 42 are realleged and incorporated herein by reference as fully as if set forth in full text. 46. The FIDUCIARY DEFENDANTS, in both their institutional and/or representational capacities, including, but not limited to, the INDIVIDU^L DEFENDANTS, in their individua, capacities, served in a fiduciary capacity, with a fiduciary duty to faithfully administer, preserve, maintain, and protect the integrity, the principal, and the income of the RAF TI~UST .FUND, and to assure that the same is admluistered, managed, and disbursed solely for the purposes specified by both the ST^TUTf~ and the ORDn~ANCE, and for no other purpose. 47. The FIDUCIARY DEFENDANTS have breached their fiduciary duties by authorizing and/or permitting and/or allowing and/or making payments and/or expenditures and/or disbursements from the RAF TRUST FUND for unauthorized, illegal, ultra vires, and/or extra- fiducial'purposes. 48. The beneficiaries of the RAF TI~.UST FUND include, but are not limited to, the RPU's subject to regulation by the COUNTY, including, but not limited to, FLORIDA WATER, and the customers of those RPU's, including, but not limited to, the customers of FLOKID^ WATER. i Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. P,G, D~WER 511~7 49. The beneficiaries' of the RAF T~UST FUND have suffered a reduction of the dividends and/or refunds which they may expect to receive from surplus RAF collections, and, further, have suffered, and will continue to suffer, from an indirect tax levied upon them by the FmUClAR¥ DEFENDANTS as a result of being forced, by the unauthorized, illegal, ultra vires, and/or extra-fiducial payments, and/or expenditures, and/or disbursements from the RAF TRUST FUND, to subsidize adventures of the FmUCL~RY D~-FENDANTS taken on behalf of themselves and all of the other taxpayers of the COUNTY that are not either RPU's or customers thereof. WHEREFORE, FLOmDA WATER requests this Court to enter its order assessing damages, for breach of fiduciary duty, against the FmUCL~RY DEFENDANTS, jointly and severally, in their institutional and representational capacities, and against the INDrVmuAL DEFENDANTs,jointly and severally, in their individual capacities, for the amount of the unauthorized, illegal, ultra vires, and/or extra-fiducial payments and/or expenditures and/or disbursements that have been authorized and/or permitted and/or allowed and/or made by them, jointly and severally, from the with interest thereon from the date of each such payment,' R2~F TRUST FUND, together expenditure, or disbursement. COUNT V Demand For Attorneys' Fees 50. FLORIDA W^TER sues all of the DEFENDANTS, both in their institutional and/or representational capacities, and, as to the IND~VZDUAL DF_ammDANTS, in their individual capacities, and seeks the award of its attorneys' fees from each of them, jointly and severally, instimtionally and individually, with regard to each of the Counts I through IV, above. 51. Both the DEFENDANTS and their counsel, know, or should know, that, as to each and every argument and/or claim and/or defense asserted, or to be asserted, by the D~.FF~DANTS, both when initially presented, and at all times thereafter, that: a. There are no material facts that will establish and/or support any claim and/or defense that may be asserted by the DEFENDANTS herein; Law Offices FARR, FARR, EMERICH, SIFRIT HACKETT AND CARR, P.A. A*l'roflNL:Y~ AT LAW P.O, D~R 5t~7 ~A G~, ~0~ 33~S0 b. The application of existing law, by the DEFENDANTS to the facts material to this action, will not support any such asserted claim or defense; and c. There is no good faith argument available to and/or made by the Dm~ND~-rS, either for the extension, modification, or reversal of existing law, or for. the establishment of new law, as applied to the facts material to this action, that has a reasonable expectation of success against FLORIDA WATER. 52. FLOK~D^ WATER has been required to engage the services of its undersigned i attorneys to pursue and protect its rights herein, is obligated to pay its said attorneys' fees, expenses, and costs. 53. Pursuant to §57.105(1), F/a. Stat.,FLOmDAW^~Ris entitled to an award, against the DEFENDANTS, of the attorneys' fees, costs, and expenses heretofore, and to be hereaRer, charged to it by its attorneys on account of their work for it with regard to this COM~L~N'r. WHEREFORE, FLORIDA WATER SERVICES CORPORATION, requests this Court to award FLORIDA WATER its attomeys' fees against the DEFENDANTS institutionally, and, as to tk INDIVIDUAL DEFENDANTS, individually. FARR, FARR, EMERICH, SIFRIT, HACKETT AND CARR, P.A. DAROL H. M. CARR, Esquire Florida Bar No. 371203 DAVID A. HOLMES, Esquire Florida Bar No. 0983136 99 Nesbit Street Ptmta Gorda, FL 33950 Telephone (941) 639ol 158 Facsimile (941) 639-0028 Attorneys for Plaintiff 12 EXECUTIVE SUMMARY RECOMMENDATION THAT~THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS, LOCAL 1826, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. (EMS BARGAINING UNIT) FOR, AMONG OTHER THINGS, A THIRD YEAR WAGE ADJUSTMENT OF 2.9% RETROACTIVE TO NOVEMBER 1, 2001 FOR ALL BARGAINING UNIT EMPLOYEES AND A MERIT INCREASE OF 1.6% RETROACTIVE TO OCTOBER 1, 2002 FOR ALL FULL TIME BARGAINING UNIT EMPLOYEES. OBJECTIVE: For the Board of County Commissioners to approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) for, among other things, a third year wage adjustment of 2.9% retroactive to November 1, 2001 for all bargaining unit employees and a merit increase of 1.6% retroactive to October 1, 2002 for all full time bargaining unit employees. CONSIDERATIONS: The County's Labor Negotiating Team has been meeting in collective bargaining with the EMS Bargaining Unit since June 2002 concerning the third year wage increase, i.e., a wage increase for the final year of the current collective bargaining agreement, as well as a variety of other issues as is more particularly reflected on the attached Memorandum of Understanding. At this time, in view of upcoming negotiations for a new collective bargaining agreement as well as the opportunity to resolve outstanding disputes between the County and EMS Bargaining Unit, the Labor Negotiating Team endorses the attached Memorandum of Understanding, which has been initialed and signed by the Union Representative. It should be noted that the union membership will be voting on this Memorandum of Understanding over January 21-22, 2003. Accordingly, the recommendation in this Executive Summary is contingent upon the results of that vote by union membership. FISCAL IMPACT: It is estimated that the attached Memorandum of Understanding will involve an expenditure of approximately $426,000.00, which includes the retroactive components of the various wage adjustments. Payment of these costs will come from Fund 490, EMS Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners approve and ratify the attached Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) and authorize the Chairman to sign the original after execution for form and legal sufficiency by the Office of the County Attorney. PREPARED BY: /~ Michael W. Pettit, Assistant County Attorney DATE: Leo ~)chs, Deputy Count~/M/~nage David C. Weigel, County Attorney h:/Public/Litigatio~Open Cases/ems coil barg/exec sum re 011303 mou.012103 003 1,4:47 941,3346226 ~n-2g0:l -OZ:lgl~" From-Collier County Attorney 0ffiG, TAFF LOCAL 1.826 - PAGE 01 g~il 774 OZZ5 T-E40 P.001/004 F-306 M~'MoRANDUM OF UNDERSTANDING It is hereby agre~l upon by both tl~ Collier County Board of County. Comm/~ioners (the # [,hat tire "~nmty") ,nd the. Southwest Florida'Professional Flrdigb~? _~_,d, Pa?m.,e~lcs, Lo 1826~ Internationa! Assodation of Firefighters, Inc. (the Union '), coUectlve bargaining agreement {the ,'Agreement") between the parl~es, which is scheduled to ex'pire at mjdni~t On September 34), 2003 in accordance wlth Section 40.1 of Agreement, shaU be and hereby is amended and clarified as follows: I. Secrlan 20.3 of the Agreement is amended to pee~lde all bargaining un/t employes a t~o and nine tenths ora percen~ (2.P%) adjustment in their ba~e rat~ of pay. This pay adjustment ~hall b~ r~voactive to Nove~er 1, 2001. In addition, the County will also provide a one and six.~entlts qf a perceive (1,6%) merit increase for bargaintng unit members with at least an overall 'm#et~ expectations" rating on their most recent performance appraisal retroactiw to October 1, 2002. l~is 1.6% merit increasz ~hall be calculated based upon curr~nt salary..T~mporary and/or l~art'rim~ employees shall not be digible for this merit increase. 2. The Union ctcknowledge~ arid agrees that the pay adjusrment~, provided for in l'aragr~n I of this Memorandum of Understanding C'MOU'9 are onty intended to and ~hall only tnneflt and b~ extended to those employees who ar~ in fact employed by the County m of the effective date of thi~ MOU, Le., the date this MOU is approved by the Board of County Commissioners. $. All bargaining unit employees shatl be entitled to participate tn wnd receive all benefits (whether monetary or oOwrwise) of any longevity of se?ice or other em~oloyet recognition and re~ard program: that an l~rovided to all other County employges. The Union rccog'nlz#~ and agrees that cdl ruch employee recognition and reward progrrtms may be modified or discontinued by the County at any time for any re'on and that the rights of bargaining unit members in this regard will be no d~fferent than those other County employees. This provision of this MOU shall be retroactive to October 1, 2002 and is hereby added as new Article 41 to th~ Agreement. 4. With respect re the disputeslts~ue$ concerning the filCH Healthcare System Transpor'trdion Service Agreen~nt (the "NCtl Agreemsnf'), the County agrees to the a. The Cmsnty will request NCH Healthcare System, Inc. {'NCH") to amend th~ NCH Agreement to etl,,w local (Lc., located within Collier County) fire depart~n~nts and Collh~ County EMS employees a right of first refusal to fill part. time NCH slots on tl~ dedk. atzd NCH transport unit b. Thc County will adjust ~tart times for the dedicated NCH transport unit to allow Collier Count)' EMS emptoyees sufficient rime following their County work sh~fts to arrlve for duty with NC.H. ¢. Subjta to th~ County's rights and discretion as set forth in Articte 3 of the Agreement and ~ctinn 447.209, Fla. Stat., the Cotmr~ will rotate att 883 14:47 94~.3348228 IAFF LOCAL 182S PAGE 82 7. w qual~fie4 bargaining unit employees through ~he CounOJ azsi~nment on the dedicated NCH transport u. nlt. If, in the County': so~e discreffon, a change in th~z method of rm.~ng the dedicMed NCH ~ransport unit ts d~ermined to bt necessary or appropr~e in the future, the Coun(y does agree ~o bargain with re,peet to any imparts t~e U~ion can idenfl'fy from any such cha~ge in method of lroffing. d. The County agree~ to pay param~ employees assigned to the dedicated NCH transport ~nit tn~nti~¢ pay of one (I) hour of o~erttme for e~k O~zrgy-foar (24) hour rh(ft on which the NCH employee i~ an This incenfl~,e l~aY shaft be retroac~l~ to da~e of the prog~'am'$ E.M?. subJ~ W reduction by vacation or ~ic£ days impternenuaion and not during the applicable o~en'lm~ e. EMS management will reqaes~ a bu~ge! amendment.from the Board of County Commissioners for the purpose of funding three additional paramtd~ posirion~. (Thlz request~wa~ made and approved prior to the effectipe date of thi~ MOU.) Section 19.4 of the Agreement concerning Holiday PayfSavings Account lz h~reby deleted from ~h~ Agreement and the Courffy I$ hereby deemed to have no olsltgarions thereunder nor do the onptoyter have any.rights that might otherwlte have accrued to them pursuant to ~ct~on 19.4. This provision of this MOU ~halI be retroactive to November 1, ~OOJ. Section 20.2 of the Agreement cvvering incentive pay ~hall be interpreted as follows: Employees axrigned to work w~th a fire d~ntrtrnent I~MT on a CCEMS transport arnbutanre as a part of the ALS Engtn~ Program -personnel exchange policy, shall be considered to be '~nict,vating" in the AI~ Enginz Program and shall b~ entitled to compensation as outlined in the agreement for that program. This provi~ion, o! this MOU ghall be retroatave to Nowmber ~, 2001. Employees who are assigned to the ALS Engine Program or are assigned Field Training d~tigs as outlined tn Sects'on 20.6 of the Agreem~t for ~hort perlvd~ of time ¢~malt numtwrs of ~hfft~), may receive formr of compensation other than to their hourly rate of pay through the fmance/pu)~'oll det, urtment, sv tong as cornl~n~tion mtthod pay. is an incentive equal w or greater than the employee would have received having their hourly rate of pay adjusted. This other form of comlnmration may ta~ the form of one ~1) hour of overtime for etwh 24 hour ~hlft to which this terra apl~lies. Th~ provision of thlt MOU shall be retroactive to Nowmber 1, 2OOL The word "noon" shall reptae~ the time "4:SO pm" each time it ~ used in S~ctions 28.2 and 2~.5 of the Agreement. This provision of this MOt shall be retrvactivv to No,ember 1, 2001. Article 18 of tbs Agreement thall be interpreted to ~llvs, rhtj~ exchanges as follows: 2 2.4:47 942.334822B 03 O~:ZO~ Fru~r-~il~er Cuunt¥ Attarnl~ Oftic. IAFF LOCAL 1826 PAGE gl1 71'4 0~)~ 1-14;) P.004/004 F-)0g F. Mfs may ~hO"t exchangt with other EMTs and with non-cr~dentialed (Tober-c#rted) paramedtcs only. Credentiot~d (Tober. terled) Paramedics may only ~hlfl t~cttang~ with oOter credentlaled paramedic$. Thl~ provision of thi~ MOU shall be re~acttv# to Novembtr 1, ~001. Ail gri~vancer, demands for arbitration or unfair labor practice c~arges that have besn filed or could luzve been filed by any bargaining unit m~nber concerning or rtfe. rring in any way to an ~_!~._.~l 2.9% wag~ increa~ ~u-~ hereby permantntly and compt,~ly resolved and shal~ be withdrawn or dismissed by the Union and individual bargaining unit membem. In aggition~ all other.disputes, complatnts~ clahns or charges that ari~ ~ r~late or rtfer in any way to any of th~ subjects of this MOU that have b~en or that could Imve been raised or ass~rted by the Union or th~ County at any ttm~ through the ~.O~t-ti~e datt of this MOU, including wlthmtt llm;sn~ion tht Union's ).event dectaranon of im~a.s and thv Union's various objeetion~ and threatentwl obje¢tion~ to the NCH Agreement and its im,~lementation, are hereby permanently and corr~letely r~olved. .. '. LN WITNESS WtL~I~OF, ~e parties hc~o have cm~sed th/s Memorandum of Und. crstandiag to be executexl by their authorized ~l:~scn;atives on ~e day and year wn~en below. AIl'EST: Dwight E. Brock, BOARD OF COUNTY COIVLM/SS10~S Of COLLIN. R COUNTY, FLOP. IDA By: DEFUTY ~K .wITNESsES: ~Print Narac :P~int Nam~ !Approved as to form and legal sufficiency: Tom Hcnning. CHAIR.MAN Date: SOUYHXVF_3T FLORIDA PROFESSIONAL FIRP. P1GHTF_.RS AND P~DIC$, LOCAL 1826, INTERNATIONAL ASSOCIATION OF FIREFIGI-/TEKS AND PARA3F~-r~IC$, INC. Jim Brantley, PRESIDENT Dat~: 3 EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REFUND REQUEST $3,327.00 AS A REBUILD FROM A HOUSE FIRE TOTALING OBJECTIVE: To obtain Board of County Commissioners approval of one (1) Impact Fee refund request totaling $3,327.00 CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee refunds. Apple Development Corp. ($3,327.00) The property located at 5751 Cope Lane was vested for a 1,156 sq. ft. home that was destroyed by a fire, demolition Permit No.2002081853. The 1,720 sq. ft. replacement home, Permit No.2002090904 should have only been assessed impact fees for the additional square footage. FISCAL IMPACT: The recommended Impact Fees refund will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Two (East Naples) - Community and Regional Parks - Library - Emergency Medical Services - Total: $1,825.00 $1,195.00 $ 214.00 $ 93.00 $ 3,327.00 This refund will not adversely affect capital project funding. GROWTH MANAGEMENT IMPACT: Remittance of the requested Impact Fees refund will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approves the requested Impact Fees refund request, totaling $3,327.00; and that the Board a ,~u,~-- .... t · any related budget amendments that may be required. JAN 2 8 2003 Impact Fees Refunds Page 2 SUBMITTED BY: ~./~/1 ~, f- Date: Amy Pa(t~½son, Impact Fee Coordinator APPROVED BY: APPROVED BY: / Cseph')~chmitt/ ,r ._,/~, .... 4. n, CDES Divisio Administrator Norman E. ~der, MCP, Administrator / Tr~spo~ation Se~ices Division JAN 2 8 2003 APPLE DEVELOPMENT CORPORATION 2033 TRADE CENTER WAY NAPLES, FLORIDA 34109 (239) 598-1274 FAX 566- 1719 December 5, 2002 Ms. Paula Fleischman Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Impact Fees for Permit #2002090904 John and Patricia Cope 5751 Cope Lane Naples, Florida Dear Ms. Fleishman: We respectively request a refund of impact fees applicable to the above referenced permit due to the history of this property. As you know from your research, the Copes had a home built on this same piece of property years ago and the house subsequently was destroyed by fire. Mr. and Mrs. Cope wishing to build a new home of which'the county has issued a permit have contracted with Apple Development Corporation. appre 'fl~~consideration the county will give us toward a refund. We ~ V. Ric~hards, President SVR:vlt JAN 2 8 2003 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Payment Slip Nbr PT 2002090904 fTrans Number 364534 IDate 10/14/2002 3:19:46 PM Post Date 10/14/2002 Address: 5751 COPE LN Owner: COPE, JOHN=& PATRICIA B COA #: 02-4343 Permit Type: BR2 Job Desc: S/F CBS 1STRY DETACHED - 200 AMP Applicant: VICKIE TOWNSEND DBA: APPLE DEVELOPMENT CORPORATION Swr Meter: SEPTIC Wtr Meter: WELL Payor' APPLE DEV. Fee Information ~Fee Code 08BCAI 08BPNP 08BROW 08CPNP 08EMSI 08ENIM 08HDST 08JAIL 08LIBR 08MFSG 08RDGS 08RGPK 08SCHI 08SFR2 08BACR Description I GL Account BLDG.CODE CERT. SURCHARGE BLDG PERMITS - NAPLES 11300000020882000000 11313890032920000000 INITIAL R.O.W. 11313890032211000000 COMMUNITY/REGIONAL PARKS IMP/~t615640236399000000 EMS IMPACT FEES UNINC. 35014047036385000000 EAST NAPLES FIRE IMPACT HEALTH DEPT. SEPTIC TANK JAIL iMPACT FEE LIBRARY IMPACT FEE-UNINC. VIICROFILM SURCHARGE 11300000020982000000 11300000020850000000 38111043036380100000 35515619036399200000 11313890034144200000 BLDG. PERMIT SURCHARGE 11300000020880000000 REGIONAL/COMMUNITY PARK IMPAC.-~615640236399000000 SCHOOL BOARD IMPACT FEE 11300000020905000000 DIST 2 ROAD IMPACT FEE-SINGLE 33316365036351000000 11313890032251000000 BLDG. PERMIT APP. FEE CREDIT Total Amount t Waived $12.82I $615.00 $125.00 $598.00 $104.00 $384.45 $280.00 $117.98 $238.00 $3.87 $12.82 $597.00 $1778.00 $2433.00 $-128.15~ $7171.79 - Continued- Collier County Board of County Commissioners CD-Plus for Windows 95/NT ,~[N~A naa JAN 2 8 2003 Printed:l/13/2003 2:46:5~J pM' Official Receipt- CDPR1103 - Officiat Receipt Collier County Board of County Commissioners ITrans Number 364534 IDate 10/14/2002 3:19:46 PM Post Date 10/14/2002 IPayment Slip Nbr PT 2002090904 IPayment Code CHECK Account/Check Number 1789 Payments Amount $7171.79 Total Cash $0.001 Total Non-Cash $7171.79 J Total Paid [ $7171.791 Memo: Cashier/location: MCCAULEYKATY / 1 User: DIAZ_M JAN 2 8 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l/13/2003 2:46:51 PM EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS, LOCAL 1826, INTERNATIONAL ASSOCI~,TION 'OF' FIREFIGHTERS, INC. (EMS BARGAINING UNIT) FOR, AMONG OTHER THINGS, A THIRD YEAR W. AGE ADJUSTMENT OF 2.9% RETROACTIVE TO NOVEMBER 1, 2001 FOR ALL BARGAINING UNIT EMPLOYEES AND A MERIT INCREASE OF 1.6% RETROACTIVE TO OCTOBER 1, 2002 FOR ALL FULL TIME BARGAINING UNIT EMPLOYEES. OBJECTIVE: For the Board of County Commissioners to approve and ratify a Memorandum of Understanding with the Southwest Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) for, among other things, a third year wage .a~ljustment of 2.9% retroactive to November 1, 2001 for all bargaining unit employees and a merit inerease of 1.6% retroactive to October 1, 2002 for all full time bargaining unit employees. CONSIDERATIONS: The County's Labor Negotiating Team has been meeting in collective bargaining with the EMS Bargaining Unit since June 2002 concerning the third year wage increase, i.e., a wage increase for the final year of the current collective bargaining agreement, as well as a ~variety of 'other issues as is more particularly reflected on the attached Memorandum of Understanding.' At this time, in view of upcoming negotiations for a new collective bargaining agreement as well as the opportunity to resolve outstanding disputes between the County and EMS Bargaining Unit, the Labor Negotiating Team endorses the attached Memorandum of Understanding, which has been initialed and signed by the Union Representative. It should be noted that the union membership will be voting on this Memorandum of Understanding over January 21-22, 2003. Accordingly, the recommendation in this Executive Summary is contingent upon the results of that vote by union membership. FISCAL IMPACT: It is estimated that the attached Memorandum of Understanding will involve an expenditure of approximately $426,000.00, which includes the retroactive components of the various wage adjustments. Payment of these costs will come from Fund 490, EMS Reserves. GROWTH MA. NAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners approve and ratify the attached Memorandum of Understanding with the Southwest Florida Professional Firefighrers, Local 1826, International Association of Firefighters, Inc. (EMS Bargaining Unit) and authorize the Chairman to sign the original after execution for form and legal sufficiency by the Office of the County Attorney. PREPARED BY: Michael W. Pettit, Assistant County Attorney DATE: Leo Ochs, Deputy CountY/~ager ' David C. Weigel, County At~ey DATE: DATE: JAN 2 8 2003 h:/Public/LitigafiomeOpen Cases/ems coil barg/exec sum re O11303 mou.012103 003 14:47 941334822B IAFF LOCAL 1526 PAGE 841 ?T¢ OHS 1'-i49 P.OGZ/004 F-101 "~.oun~'~ ~.uociution or FiruflShtm, _lac- (the_."UUiO~U"), ~m the current 1826, lnterustiomd 8~resmeut (the"AErumenf') between the paru~ wbl~ b t om September 30, 200.3 .tn ._~?~ with Section 40.1 or AS~em~~ ~ be ~KI hereby is mnended 1.' S~d~ ~ . . _ ....,,,, _.,, ...... , :.. ,t. ir brae hart o j~y Tkb pay . .., ._ __._-...:... o,, M ~ 1- JO01. 1~ addlt~a, We CmmO ---'... , _* .... ,J....¢, nd~.t~B! [l.OwIo) ttJg~t mGrm~ jw wi- o GUi--/,, OC/O/~r 1, 200Z p~r.~onM~_ e. .~pr~. _at rm~ ..... ,--..T,-..,~nu7 ~wi/or p~n.W,, mplaye~ be ca/eu/u~e4 tn~ed ~on cm'r~m ~-,-.r- J, avl bit eliL, lblc for thi~ meril increaJe. .. ...... ,-*'--- ~ -,,-.ex dug tl~ pay iltlju~wfntt' provided fo_r .tn r~ B~ of Cou~ Cemm~nen. (wh~ ~ · oM tm ~ res The ~ ~o d or d~c~,~ ~ ~ ~"~ ~ a.y ~for any ' m~ M ~u ~ will ~ ~h~ .o/~n~ ~n~ ........ ..L:. ~nU t~ bc n~w ~ ~gr 1, 2002 a~ ~ h~by ~ed m new A~ 41 M ~ Agrf~e~, Tr~upo~, Sfrdce Arr~gwJ~nt (the 'WCH Agreement"), fhe County agrees to r~e. County wori jk(/b fo ~rri~r dtty w/tA NC~. the Agreftaent nnd '3dcfion M7.209, Fin. Stat., the Com~7 ~ rotate gtt 24:47 94).3348228 OZ:IOPI' From-Coil:er County Attornly 01frei IAFF LOCAL 1W'/b m~:~ Ill ?74 0ZH ?-14~ P.00:t004 F-I01 d. Famm~d~ j~siJ~o~u. (Tklt re2zmt~was tnat~ and approy~, e~cti~ d~t~ of rhit MOU.) _...:__ ,-· .,r a,. amwemt~ concentMg H~ p~in~ Ac~u~ ~ hz~by e~,, ,~.~ -j ..... ~'- _ ...... '- ~-~ ~-'--ed to have no obll~n~ ~eu~er nor ~ me ~.~. __. ~'~ ~__ _..at. ~ ~ th~ be r~Ve ~ ~m p~t ~ ~cflon IP.4. ]his pm~gon uj ,,~ ,~ November 1, 2001. ~n 3U.~ oJ W ~rc~u ._. ~ ' .... · ~ on a CCEMS MOU ~U ~ ~ve W No--er ], 2~1. Emp~y~t wko a~ ~t~ed to ~ ~ En~e ~og~ or a~ ~sig~d T~g du~s m o~ M 5~ 20.6 of ~ Agr~m~t for thofl ~ of time W ~e~ h~ ~ of ~ ~gk tk~ ~e~ d~~ng so tong ~ ~ ~t~ ~g ~ ~ ~ e]~ ~um~ This o~r~ of wh~h th~ ~ ~t~. Thh ~~ of ~h MOO ~ ~ ~~~ to Nowm~r 2 Z 8 2003 14:47 O~:~opi 9413348228 Frat-Coil,mr Couflt~ Attorfle~ Oflicm I;~F' LOCAL 1826 041 PAGE 83 L (Tober-c~rt~d] pammfdivs only. CredffwIdled ~Tobtr. cerlfd~ Paramfd~cs may only :biff m~kan&,m wi~ o~h~r cr~mp~ ,~!~d parammd~s. Thi~ l,;mOion oS fhi~ MOU dw# be reWoac~i~t to N~b~r Z, 200Z. . compb~ ~j~d a~ jk~ ~ ~n ~ ~mh~ Ay ~r U~n a~' ~~g ~ member. In ~~ ~ ~w.~pmr, ~mp~lntz, c~z or ~nd ~jf~ to ~m Neff A~mmf~ ~ ~ ~e~n, ~m he,by Un~~g ~ be c~ by ~ ~tbo~ed ~caQvcs on ~e day ~ yc~ wfi~. below. ATTEST: Dwight F. Brock. BOARD OF COUNTY COMMISSIONI/RS OF COLLIB~ COUNTY, FLORIDA .wFrNKSsp_.S:. t · P~n~ Nzmc 'Print Name i~e,d as to form and iesal sufl~cicnc~ Tom Henning. CHAIR~.~N Date: SO~T FLORIDA PROFF..S$1ONAL FIRF. PIGHT-c, RS AND PARAb~3~IC$, LOCAL 1826, IbrTF. R~ATIONAL ASSOCIATION' OF FIREFIGHTF. RS AND PARAM]/DICS, INC. Jim Bnmdey, PRGSlDENT Date: Michael W. Pottit Assistant County Attorney !b'./Pliblu'L,Ilfllilicl~ ~ m~ coil ~ mm~d g w/cimlaJl COFfC:CUO~ of 112~02 fm~o d uadlrA~ndinl tit :q~,;i~ims ilrccd a~ '011303 sc~11403 EXECUTIVE SUMMARY 'APPROVAL OF ONE (1) IMPACT FEE REFUND REQUEST $3,7.13.82 TOTALING oBJECTIVE: To obtain Board of County Commissioners approval of one (1) Impact Fee refund request totaling $3,713.82 CONSIDERATIONS: Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee refunds will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff is presently preparing an ordinance to amend Ordinance'No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, which is also Chapter 74 of the Collier County Code of Laws and Ordinances. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact-fee refunds. Joel E. Metts ($3,713.82) - After environmental evaluations, it has been determined that no structure can be built at the property located at 2685 - 60m Ave. N.E. as the entire property is in a high quality wetlands. Therefore customer is requesting refund of impact fees. FISCAL IMPACT: The recommended Impact Fees refund will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road Impact Fee District Six (Golden Gate Est.) - $ 2,433.00 Community and Regional Parks - $ 820.84 Library - $ 238.00 Jail- $ 117.98 Emergency Medical Services - $ 104.00 Total: $ 3,713.82 This refund will not adversely affect capital project funding. GROWT[I MANAGEMENT IMPACT: Remittance of the requested Impact Fees refund will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approves th{ requested Impact Fees refund request, totaling $3,713.82; and that the Board appri any related budget amendments that may be required. JAN 2 8 2003 / Impact Fees Refunds Page 2 SUB1Q[ITTED BY: PhilliS. Tindall, Impact Fee Coordinator APPROVED BY: APPROVED BY: seph/$7:hr~itt, CDES Division Administrator lqor~an E. Feder, AICP, Administ at Tr~sportation Services Division JAN 2 8 2003 3oel E. Metts, General Contractor 1080 Hidden Harbour Drive Naples, FL 34109 December 19, 2002 Collier County Board of County Commissioners Attn: Building Department Hand Delivery. Re: 2685 - 60th Avenue NE Naples, FL Permit #2002021650 Gentlemen' After environmental evaluations, it has been determined that no structure can be built on the above property as the entire property is in. a high quality wetlands. , We are requesting a return of our permit fees and impact fees on this permit. Please forward check to the above address. Thank you. 30~!~. METTS, GENERAL CONTRACTOR BY:~an Helsdo~nn~,~Superintendent STATE OF FLOR[DA ) · ) SS: COUNTY OF COLL/ER ) The foregoing instrument was acknowledged before me this 19th day of December, 2002, by R~CHARD DEAN HEL~DON, Superintendent, JOEL El I~IE'rTS, GENRAL CONTRACTOR, who is: personally known to me or who has produced as identification, a,nd who: did i"1 did not take an oath. JAN 2 ii 2003 Official Receipt - Collier County Board of County CommissiOners CDPR1103 - Official Receipt ITrans Numl~r I Date Post Date 355074 914/2002 3:35:52 PM 915/2002 tPayment Slip Nbr PT 2002021650 Address: 26'85 60TH AVE NE Owner: DJK INVESTMENTS INC COA #: 02-2373 Permit Type: BR2 Job Desc: CBS RESIDENCE - 200 AMPS Applicant: DEAN DBA:.METTS, JOEL E. Swr I~leter: Wtr Meter: Payor · JOEL METTS Fee Information Fee Code : Description GL Account ' Amount Waived 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $7.50 . 08BCIM BIG CORKSCREW FIRE IMPACT 11300000020983000000 $225.00 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $552.00 '~ 08BROW INITIAL R.O.W. 11313890032920000000 $125.00 08CPNP COMMUNITY/REGIONAL PARKS IMP ~;~t615640236399000000 $571.02 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 ~ $104.00 08HDST HEALTH DEPT. SEPTIC TANK 11300000020850000000 $280.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 ~ 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $238.00 i 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 I 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $7.50 08RGPK REGIONAL/COMMUNITY PARK IMPA~ ;3R615640236399000000 ! $249.82 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $1778.00 08SFR6 DIST 6 ROAD IMPACT FEE-SINGLE 33816365036351000000 $2433.00~ 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-100.00 08BASA SEPTIC APPLICATION FEE 11300000020850000000 $-140.00 Total $6451.82 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Pdnte Official Receipt- Collier County Board of County CommissiOners CDPR1103 - Official Receipt ITrans Numbi~r 355074 Date 9~4/2002 3:35:52 PM Post Date 9~5~2002 IPayment Slip Nbr PT 2002021650 IPayment Code CH~CK Memo: Payments Account/Check Number 1183 Amount $6451.82 Total Cash $0.00 Total Non-Cash $6451.82 Total Paid { $6451.82 Cashier/location: GARRETT_S / 1 User: DIAZ_M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Pdnte~ JAN 2 8 2003 1/3/2003 8:53:59 AM EXECUTIVE SU~ARY ~QUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPRO.VEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT NINE" OBJECTIV~.~: To grant' final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Nine'~ CONSIDERATIONS: t. .On January 15, 1995, the Board of County Commissioners grante~. preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Nine". 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. ~he required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH M;~IAGEMENT IMPACT: None JAN ':2 8 200:3 Executive Summary Pelican Marsh Unit Nine Page 2 RECO~ENDATION: . That the ~oard of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Nine" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Engineer Date REVIEWED BY: . ; . Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: Joseph~./Schmitt, Administrator Communlt~ Dev. and Environmental SVCS. Dat~ JAN 2 8 2003 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT NINE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER A_ND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT. WHEREAS, the Board of County Commissioners of Collier County, Florida, on itel>mary 7, 1995 approved the plat of Pelican Marsh Unit Nine for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance 'No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Nine, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Commumty Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CH~ Approved as to form and legal Patrick G. White Assistant Collier County Attorney JAN 2 8 2003 EXECUTIVE SUb~4ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FOREST PARK PHASE III", AND A~PROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approv~ for recording the final plat of "Forest Park Phase III", a subdivision of lands located in Section 33 Township 49 South, Range 26 EaSt, Collier County, Florida, following the alternative procedure for'approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the' 'construction drawings, specifications, and final plat of "Forest Park Phase III" 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 "Forest Park Phase III" be approved for recording. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The project cost is $1,635,467.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $883.084.00 - $752,383.33 The Security amount, equal to 110% of the project cost, is $1,799,014.06 JAN 2 8 2003 J Executive Summary Forest Park Phase III 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: $31,402.64 Fees are based on a construction estimate of $1,635,467.33 and were paid in September, 2002. The breakdown is as follows: a Plat Review Fee ($425.00 + $4./ac-$ 800.00 b) Paving, Grading (1.3% const, est.) GRO~H~AGE~T IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) -$ 4,415 ~2 Drainage, Paving, Grading (.42% const, est.-$ 3,160.01 Construction Inspection Fee Water & Sewer (1.5% const, est.) -$13,246.24 Drainage, -$ 9,780.97 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues, HISTORIC;tL/ARCHEOLOGICAL There are no outstanding environmenEal IMPACT: There are no historical or' archeological impacts. EAC P. ECO~ENDATION: Approval CCPC RECO~NDATION: Approval PI2~ING SERVICES STAFF BECO~4ENDATION: That the Board of County Commissioners approve the Final Plat of "Forest Park Phase III" for recording with the following stipulations: Approve the amount of $1,799,014.06 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the En¢lneering Review Department. JAN 2 8 2003 Executive Summary Forest Park Phase III Page 3 ~pprove the standard Agreement, and form Construction and Maintenance' a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and .~ .the County Attorney's office. PREPARED BY: John R. Houtdsworth, Engineer Engineering Review REVIEWED BY: / Thomas E. Kuck, P.E. Engineering Review Director, County Eng±neer Date APPROVED BY: Services Date JAN 2 8 2003 4 EXECUTIVE SU~NARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TUSCANY RESERVE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT ]%/qD APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE-: To approve for recording the final plat of "Tuscany Reserve", a subdivision of lands located in Section 13 Township 48 South, Range 26 E~st, 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 "Tuscany Reserve". 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 "Tuscany Reserve" be approved for recording. FISCAL IMPACT: The project cost is $4,076,283.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,926,174.00 - $2,150,109.00 The Security amount, equal to 110% of the project cost, is $4,483,911.30 JAN 2 8 2003 Executive Summary Tuscany Reserve 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: $79,860.36 Fees are based on a construction estimate of $4,076,283.00 and were paid in June, 2000 and August, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)$ 2,805.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 9,630-~87 Drainage, Paving, Grading (.42% const, est.)$ 9,030.46 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $28,892~61 Drainage, - $27,951.42 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues. HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental There are no historical or archeological impacts, EAC RECOMMENDATION: Approval · CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Tuscany Reserve" for recording with the following stipulations: Approve the amount of $4,483,911.30 as perform, Lnce security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 282 03 i Executive Summary Tuscany Reserve Page 3 Approve the ~greement, and standard form Construction and Maint~nanc~ a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an' appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVI-EWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: Joseph ~mit t, '~or CommuDi~y Development & Environmental Services Dat~ JAN 2 8 2003 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VENEZIA GRANDE'ESTATES", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE.: To approve for recording the final plat of "Venezia Grande Estates", a subdivision of lands located in Section 5 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for.gpproval of subdivision plats. CONS IDERATIONS: Engineering Review Section has completed the review construction drawings, specifications, and final plat of "Venezia Grande Estates". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177~ All' fees have been paid. Security in the amount of 10% oi the total cost 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 "Venezia Grande Estates" be approved for recording. FISCAL IMPACT The project cost is $413,752.19 (estimated) to be borne by the developer. The cost breakdown is as follows~ a) b) Water & Sewer Drainage, Paving, Grading - $104,176.00 - $309,576.19 The Security amount, equal to 110% of the project cost, is $455,127.41 JAN 2'8 21XB Executive Sqamary Venezia Grande Estates 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' $7,998.25 Fees are based on a construction estimate of $413,752.19 and were paid in 3uly, 2002. The breakdown is as follows' a) Plat Review Fee ($425.00 + $4./ac)-$ 590,00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT' Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 520.88 Drainage, " Paving, Grading (.42% const, est.)-$1,300 22 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1,562.65 Drainage, - $4,024 50 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Venezia Grande Estates" for recording with the following stipulations' Approve the amount of $455,127.41 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 2 8 2003 11.2 Executive Summary Venizia Grande Estates Page 3 Approve the standard Agreement, and form Construction and Maintenance' a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. T~at 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, Senior Engineer Engineering Review R~VIEWED BY' Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY' Comm~n/ity Development & Environmental Services I~at~ JAN'2 8 2003 EXECUTTVE S~Y REQUES~ TO APPROVE FOR RECORDINa THE FINAL PLAT OF "JASMINE LAKE - &", AIqD APPROVAL OF THE STKND~ FORM CO~STRUCTXO~ KND IO. XIqTE10~CE AGRE~]%ND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE.: To approve for recording the final plat of "Jasmine Lake - A", a subdivision of lands located in Section 18 Township 48 South, Range 26 EAst, Collier County, Florida, following the alternative procedure for'approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Jasmine Lake - A". 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 "Jasmine Lake - A" be approved for recording. FISCAL IMPACT: The project cost is $442,012.76 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $159,058.00 - $282,954.76 The Security amount, equal t) 110% of the project cost, is $486,214.04 JAN 2 8 2003 Executive Summary Jasmine Lake - A Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $8,712.99 Fees are based on a construction estimate of $442,012.76 and were paid in August, 2002.~ The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) $ 665.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 795.29 Drainage, ~- Paving, Grading (.42% const, est.) $1,188.41 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2,385.87 Drainage, - $3,678.42 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION= Approval · PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Jasmine Lake - A" for recording with the following stipulations: Approve the amount of $486,214.04 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. JAN 2 8 2003 Executive Summary Jasmine Lake - A Page 3 Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an- appropriate Construction and Maintenance Agreement is 'approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVI-EWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: · ~°°Sm~~'~'y ~eChvem~to~eAntdmi&n~.Sntv~arto~mrental Services JAN 2 EXECK.~T IVE SU~Y REQUEST TO .APPROVE FOR RECORDING THE FINAL PLAT OF "MASTERS RESERVE, PHASE II"., 2~ APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECT IVE: TO approve for recording the final plat of "Masters Reserve, Phase II",- a subdivision of lands located in Section 28 Township 50 South, · Range. 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Masters Reserve, Phase II" 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% oi 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 "Master. s Reserve, Phase II" be approved for recording. FISCAL IMPACT: The project cost is $688,749.25 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $271,699.00 - $417,050.25 The Security amount, equal to 110% of the project cost, is $757,624.18 JAN 2 8 2003 Executive Summary Masters Reserve, Phase II 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: $13,197.26 Fees are based on a construction estimate of $688,749.25 and were paid in July 2001, and October, 2002. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 590.00 b) c) Paving, Grading (1.3% const, est.) GROWTH ~NAGEMENT IMPACT: Construction Drawing Review Fee .. WaEer & Sewer (.50% const, est.) - $i358.50 Drainage, Paving, Grading (.42% const, est.)- $i751.'61 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4075.50 Drainage, - $5421.65 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Masters Reserve, Phase II" for recording with the following stipulations: Approve the amount of $757,624.18 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AG~A~f-L JAN 2 8 2003 Executive Summary Masters Reserve, Phase II Page 3 ~pprove the standard Agreement, and form Construction and Maint~nanc~ a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Engineer Engi~neering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date APPROVED BY: CJ~:Q ~%veh~ltop%~ent & EnviAdmini~ t ~to~mr ent a1 Services Date JAN 2 8 2003 EXECUTIVE SUMMARY APPROVE COLLIER COUNTY TO ENTER INTO A THREE-YEAR AGREEMENT WITH THE COLLIER COUNTY HUNGER AND HOMELESS COALITION TO BECOME THE LEAD AGENCY FOR THE ANNUAL HUD CONTINUUM OF CARE GRANT APPLICATION. OBJECTIVE..'. The CDES Financial Administration and Housing Department (FAIl) is requesting approval from the Board of County Commissioners to execute a three year agreement with the Hunger and Homeless Coalition for Collier 'County to become the Lead Agency for the annual HUD Continuum of Care (CoC) grant application process. CONSIDERATIONS: The Collier County Hunger and Homeless Coalition (CCHHC) is a 501(c)(3) nonprofit organization consisting of approximately forty-five member agencies (see attached list) committed to the coordination of service to the homeless, at risk of homelessness and working poor population in Collier County. CCHHC approached the FAH Department of CDES in September of 2002 to formally request that Collier County become the Lead Agency for the annual HUD CoC competitive grant application. The~ motivation for CCHHC to solicit the county to assume this responsibility is to strengthen the process by leveraging the skills of our internal personnel resources and to provide strong continuity to the process. Collier County expects to receive some $3.5 million from HUD in fiscal 2003. HUD requires that entitlement communities include current statistical information, community service, planning and response to the needs of its homeless and at-risk of homelessness population in the Consolidated Plan and yearly action plan. This work represents a substantial portion of the work associated wi'th being the Lead Agency, which is already required by HUD relative to the CDBG/HOME Consolidated Plan. information as well as a more -community's needs and issues as they relate to our homeless and poor population. Our participation in this role provides improved access to HUD required informative understanding of our. JAN 2 8 212103 FISCAL IMPACT: HUD awarded the ~ollier County CoC $801,000 in 2001 and $566,000 in 2002. Collier County (FAH) will receive 2.5% of furore awards as allowable administrative funds. FAH would have received $20,000 in 2001 and $14,150 in 2002 to cover our administrative costs. We consider those funds more than sufficient to pay for any incremental expenses associated with this additional Lead Agency responsibility. These funds have no effect on ad valorem or general fund dollars. GROWTH MANAGEMENT IMPACT: This request has no effect on the County's Growth Managemem Plan. RECOMMENDATION: The Board of County Commissioners approve this request to enter into a three year contractual agreement with the CCHHC to become the Lead Agency beginning with the 2003 CoC submittal. Ja~ Fi cial Administration and Housing REVIEWED BY: ~ Date: Lee Combs, HUD/Fe~al Grants Manager ~i~a~ia~nistr~_fifn and Housing REVIEWED BY: ]~.~ ~ c~,,j~_~'--"-' Date: / H. Denton Baker, Director Financial Admini~ra~and ~ousing ' BY: /~~~ Date: APPROVED ~lo~ph K. Sehm~tt, Administrator / 6mmunity Development & Environmental Services JAN 2 1~ 2003 Memo To: Re: Board of County Commissioners Denton Baker, Director, Lee Combs, HUD Federal Grants Manager, Janeen Person-Coaie, HUD Grants Coordinator Jim Mudd, County Manager;, Joseph K. SchmitL CDES Admit ;strator 1/13/2003 Continuum of Care 'Lead Agency' Request Execu~ve Summar~ The Collier County Hunger & Homeless Coalition (CCHHC) is a local 501(c)(3) nonprofit organization consisting of approximately forty-five member agencies (see attached list) committed to the coordination of service to the homeless, at-dsk of homelessness and working poor population in Collier County. CCHHC approached the Financial Administration & Housing (FAH) Department in 2002 to formally request that Collier County become the 'Lead Agency' for the annual Housing and Urban Development (HUD) Continuum of Care (CoC) competitive grant application to strengthen and provide continuity to the process. In fiscal year 2002-2003, Collier County received over $2.1 million dollars from HUD for CDBG, with an expected increase to over $3.4 million in fiscal 2003-2004 for CDBG & Home Investment Partnerships program (HOME). HUD regulations require that entitlement communities must include current statistical data, community service, planning and response efforts to the needs of its homeless and at-risk of homelessness population in the Consolidated Plan and yearly Action Plan. To this end, FAH staff has aclNely participated in the CCHHC since 2000. CoC Definition and History A CoC is a system for helping people who are or have been horneless or .who are at imminent dsk of homelessness. A full CoC includes prevention, outreach and assessment, emergency shelter, transitional housing, permanent supportive housing, and affordable housing, plus supportive services in all components. The McKinney-Vento Homeless Assistance Act of 1987 provides t:~deral financial support for a variety of programs to meet many needs of homeless persons. Funding in recent years has bccn slightly more than $1 billion a year. Since 1996 HUD has used a competitive application process for the supportive housing programs authorized by McKinney-Vento to promote ~ development of CoC's for homeless people in communities thro~:jhout the nation. The intent is that by requiring communities to come together to submit a single comprehensive application, HUD would stimulate them to move toward greater structure and a more slrategic vision of their programs and services for homeless people. This increased system structure and rationality improves services for homeless people and increases the chance that their needs are reeL In May of 2001, Collier County's CoC application was funded for $801,120 providing $500,000 to St. Matthews House for ils Wolfe Apartments project and $301,120 to the Salvation ,Nmy for its transitional living center. The 2002 Co(; applioation-funding announcement recently made by HUD will provide $566,000 to our community for ~ assistance. SL Matthews House was awarded $227,000 for operating expenses for the Wolfe Apartments project and the Shelter for Abused Women was awarded $339,000 for the transitional living program portion of Es new facility. JAN 2 CCHHC Request In May of 2002 representatives of the Coalition and Continuum Committee met with County staff, Denny Baker and Lee Combs, requesting that Collier County become the Lead Agency for the annual CoC application to HUD on behalf of the CCHHC, effective with the 2003 submission. In many communities across the country a government entity has assumed this role. In fact Lee County is the Lead Agency for the Lee County Homeless Coalition. Staff entertained this request based on HUD's mandate for communities who receive Community Development Block Grant funding as well as HOME and other entitlement program funds, for which Collier County will likely become eligible in ~ future, to include homeless assistance planning and projects in their Consolidated Plan and yeady Action Plan. In response to the Coalition's reques~ FAH staff prepared a proposal, which specifically ouflinas the County's' responsibility as well as what CoC tasks will remain the responsibility of the Coalition's CoC Committee. Our proposal dearly indicates that FAH D~ -~arlment staff will coordinate this activity on behalf of Collier County, working collaboratively with the CCHHC on this process, which will better enable the FAH deparlment to meet HUD requirements by having greater access to and control of this information. 'rhe consolidated CoC application to HUD would go through ~e local process as specified by HUD and the McKinney-Vento Act and would then be submitted to the BCC for its approval before final submission to HUD. The yeady submission deadline to HUD is typically anywhere from late May to late June. Key Points To summarize, as Lead Agency Collier County would be responsible for the following: · Assisting the CCHHC with the facilitation of the CoC prcx:ess through on-going education of and communication to it's membership as well as the dissemination of HUD information; · Collaboration with the CoC Steedng Committee and Coalition Coordinator in leading the progressive development of the Continuum process; · Composition of Exhibit I of the CoC application and submission of the annual consolidated CoC application to HUD; · Provision of technical assistance to individual applicants interested in submitting an Exhibit II as part of the consolidated CoC application; · Follow-up and monitoring of CoC grant recipients per HUD guidelines. Benefits to Collier County The benefits to Collier County are as follows: · Receipt of 2.5 percent of the total administrative dollars allowed by HUD pursuant to U.S. 24 Code '. of Federal Regulations at 583.135 a-b, which based on the 2001 award is $20,000 and $14, i50 based on the recent 2002 award. · Participation in the CoC process provides the County with information required for inclusion in the development and updating of the Consolidated Plan. As Lead Agency, the County's role will provide improved access to the required data as well as a better understanding of community~~eds and issues, which is required for the County to continue to receive CDBG funds. · Amplified role in a collaborative community process like the Continuum will increase ~ County's ability to leverage other HUD funding sources i.e. CDBG and HOME, reflecting the County's willing _ne~_$ to support HUD goals and objectives without commiffing County's ad .valorem tax dollars. ActionRequeMed FAH Department staff is requesting approval from the Board of County Commissioners to designate Coaier County as the Lead Agency for the annual HUD CoC grant application process for a period of three (3) years. FAH Department staff is working with Assistant County Attomey, Patrick White, on the preparation of a contract between Collier County and the CCHHC. three (3) year period, the CCHHC and Collier County would review this contractual whether the relationship will continue, for what time period and if any modifications to Thank you for your consideration of this important request JAN 2 8 2003 COLLIER COUNTY HUNGER AND HOMELESS COALITION P.O. Box 9202 Naples, Fl. 34101-9202 (239) 434-0723 November 12, 2002 Mr. Denton Baker, Director Collier County Department of Financial Administration and Housing 3050 N. Horseshoe Drive Naples, Fl. 34101-9202 Dear Mr. Baker: Congratulations. After very careful consideration, the Collier County Hunger and Homeless Coalition Steering Committee, by a majority, voted in favor of Collier County }~'cOming the Lead Agency for the Continuum of Care. The County has proven itself to be of great support to the Coalition thanks in large part to the leadership of Janeen Person-Coale and Lee Combs. The Coalition has enjoyed significant growth and success in many initiatives over the last several years. Some members raised concerns over the potential loss of our autonomy should the county become the lead agency. Nevertheless, many of our concerns, as they related to the County's original proposal to serve as Lead Agency, were largely dispelled in your October 28th letter. As we move forward in this partnership of collaboration, we ask that the original proposal submitted by the County be amended to reflect those changes addressed in your October 28ta letter which would include: · A formal review of the established agreement at the end of three years · Reimbursement of 2.5% administrative fees to the awarded agencies . .~ Selection and ranking process of the projects determined solely by the Continuum Care Committee In closing, we are extremely please to have the opportunity to develop a long-term relationship with the County. Together we will make a great impact on helping the homeless and those at-risk of homelessness achieve self-sufficiency. Please do not hesitate to call me with any questions. I can be reached at phone 657-3649 or fax 657-7232 and Teri can be reached at 434-0723, fax 213-1735. Sincerely, Soucek, Chair Cc: Lee Combs Jane&n Person-Coale Teri Karp, Coordinator COLLIER COUNTY HUNGER AND HOMELESS COALITION MEMBERS *Denotes Steering Committee Member as of 1/07/03 American Red Cross 2610 Northbrooke Plaza Dr. Naples, FL 34119 debomhhorvath~hotma Lcom Deborah Horvath Work: 596-6868 Fax: 596-6923 Audubon of Florida 109 Debron Drive Naples, FL 34112 mbaucr@audubon.org Michael R. Bauer Work: (239) 590-7213 Fax: (239) 34801522 .Catholic Charities Family Counseling Center 2210 Santa Barbara Blvd. Naples, FL 34116 drobinski:~.naples.net *George Drobinski Work: 455- 2655 Fax: 455-7235 Catholic Charities Family Resource Center 4209 Tamiami Trail E Naples, FL 34112 ccresource'd naples.net *Loren Whapple Work: 793-0059 Fax: 774-0523 Child Care of Southwest FL Inc. 269 S. Airport Road Naples, FL 34104 rrcollier~:aol.com Donna Philp Work: 643-3908 Fax: 6434.906 City of Naples Planning Department 801 8TM Avenue South Naples, FL 34102 sgolden(-q_ ~naplesgov .eom Susan Golden Work: 213-1041 Fax: 213-1045 Collier County Government Dept. of Finance Administration & Housing 3050 N. Horseshoe Dr. #275 Naples, FL 34104 leecombs~colliergov. Lee Combs Work: 659-5750 Fax: 403-2331 Janeen Person-Coale Work: 213-2901/Fax: 403-2331 Collier County Government Social Services Department 3301 Thrniami Trail E Bldg. H, Room 211 Naples, FL' 34112 barrvwilliams(~,colliergov.net Barry Williams Work: 774-8154 Fax: 774-3430 JAN 2 8 2003 Collier County Health Department 3301 East Tamiami Trail Bldg. H Naples, FL 34106 Deb Millsap~!doh.state.fl.us Deb Milsap Work: 732-2685 Fax: 732-2570 Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 Mar~ccha~aol.com *Mary Soucek Work: 657-3649, Cell: 842-1026 Fax: 657-7232 Collier County Housing Authority-Sect. 8 237 Airport Road South Naples, FL 34100 cchaflsec8~aol.com Edison~acninc.net *Angela Edison Work: 732-0732 Fax: 732-1002 -Collier County Vietnam Veterans 8080 Bayshore Drive Naples, FL 34112 Joe Hayes Work: 775-9243 Fax: Collier Harvest P.O. Box 11143 Naples, FL 34101-1143 [IParrv"~'aoi.com Ingrid Parry Work: 261-4525 (Collier Harvest Office) Fax: 593-7868 Collier Housing Alternatives 4211 Thomasson Drive Naples, FL 34112 _~6nb: ~3~msn.com *Nancy Baginski Work: 774-7821 Fax: 774-9435 Collier School Readiness Coalition 269 Airport Road S Naples, FL 34104 rrcollierr~aol.com Community Foundation Of Collier County 2400 Tamiami Trail North #300 Naples, FL 34103 mebarrett,~,att.net Dorothy C. Ferguson Work: 643-3418 Fax: 643-4906 Mary Ellen Barrett (send Steering Minhtes) Work: 649-5000, ext. 202 Fax: 649-5337 Community Information & Referral of lmmokalee (CIRI) Silvia Puente 417 N. Ist Street Work: (239) 657-6807 Immokalee, FL 34142 Fax: (239) 657-4901 spuente~collier-lib.org Consumer Volunteer PO Bo~c 494 Naples, FL' 34106-0494 naplesrainbow~aol.com *Carolyn Alden Home: 239-417-4664 JAN 2 8 2003 ~. /~' 2 David Lawrence Center 2806 South Horseshoe Dr. 2nd Floor Naples, FL 34104 rhi~nite~aol.com 219 S. Airport Rd. marcieg~dlcmhc.com £redr~dlcmhc.com Dept. of Children & Families Operational Program Administrator 215 Airport Pulling Rd. N. Naples, FL 34104 kathleen mcphillips(~_,dcf, state.fl.us Dept. Of Veteran Services -Health & Community Services Bldg. 3301 Tamiami Tr. East, Bldg. H,//212 Naples, FL 34112 veteranservices:~collergov.net The District School Board of Collier County 5775 Osceola Trail Naples, FL 34109 whinnede~ff collier.k 12. fl.us isettik ~'~collier.k 12. fi.us First Assembly of God/Assembly Center 3805 The Lords Way Naples, FL 34114 RABeckner(&aol.com Bi,gmals~'.msn.com Guadalupe Center, Inc. P.O. Box 1053 Immokalee, FL 34143 guadalupecenter~aol.com stanleyhboynton.~_,netscape.net Guadalupe Social Services P.O. Box 5034 Immokalee, FL 34143 brian~guadalupess.org Habitat for Humanity of Collier Co. 11550 Tamiami Trail East .Naples~ FL 34113 habitatdev~comcast.net Robert Hignite Work: 643-6101 Fax: 643-7278 Marcie Gillis Work: 455-8500 ext. 7007 Fax: 261-5348 *Fred Richards: 261-5148 Fax: 261-5348 Kathleen McPhillips Work: 643-9405 Fax: 643-9469 Peter Kraley Work: 774-8448 Fax: 774-1667 Dee Whinnery: 254-4262 Ike Isett: 254-4274 Work: 254-4264 Fax: 254-4265 Pastor Mallory/Faye Adams Renee Beckner Work: 774-1165 Fax: 774-0538 *Stanley Boynton Work: 657-4361 Fax: 657-6816 John Lawson Work: 657-771 l/Fax 657-7712 *Brian Bennett Work: 657-6242 Fax: 657-7761 Lisa Lefkow, Mary Ann Durso Work: 775-0036 Fax: 775-0477 Harry Chapin Food Bank 2126 Alicia St. Ft. Myers, FL 33901 www. HarryChapinFoodBank.org. Tom Clark, Yale Freeman Work: 334-7007 Fax: 337-1399 Immokalee Friendship House 602 W. Main St. Immokalee, FL 34142 Elaudise~aol.com *Ed Laudise Work: 657-4090 Fax: 657-5587 lntelitran 3584 Exchange Avenue Naples, FL 34104 jpvanpelt@atc-nec.com ,JoeLogsdon Foundation 2496 Kirkwood Avenue Naples, FL 34112 thejlt~;naples.net j esalic 1 .f~ yahoo.corn Jim VanPelt Work: 649-0228 Fax: 649-0464 Frank Caetta, Alicia Rodriguez Work: 417-8400 Fax: 417-1371 Teri Karp 862 Sevemh Avenue South Naples, FL 34102 Tkarp242~(cs.com *Teri Karp, Coordinator Work: 434-0723 Cell: 357-4607 The Learning Connection 279 Airport Road S. Naples, FL 34104 TLCNaplesC~ihotmail.com L~hernn Services Florida 3615 Central Ave. Ft. Myers, FL 33901 pledeck¥~lsfnet.org abeller~lsfnet.org Bev Hiltabidle Work: 649-0501 Fax: 403-0557 Dr. Peter Ledecky Al Belier: 278-1140 Work: 278-5400 Fax: 278-7965 Mental Health Association of Collier County 2335 Ninth Street N Suite 404 Naples, FL 34103 ccmha~mindspring.com *Petra Jones Work: 261-5405 Fax: 261-2931 NAMI National Alliance for the Mentally IH 5020 Tamiami Trail N #106 Naples~ Fl. 34103 collierami~aol.com Kathryn Leib Hunter Work: 434-6726 Fax: 262-7886 NFN - Naples Free Net 2655 Northbrooke Drive Naples, FL 34119-7932 home.naples.net Neighborhood Health Clinic 120 Goodlette Road North Naples, FL 34102 kwilbom~,neighborhoodhealthclinic.org nlascheid~aol.com PACE Center For Girls 201 N. IsT Street lmmokalee, FL 34142 paceimm(~'o, ate.net Psychotherapeutic Services of Florida Collier County FACT Program 5278 Golden Gate Parkway Naples, FL 34116 Project HELP, Inc. PO Box 7804 Naples, FL 34101 proiecthelpinc'Q~.juno.com Redland Christian Migrant Association 402 West Main Street Immokalee, FL 34142 shirlev,~xcma.or~ ROommate Referral Service 3245 Connecticut Avenue Naples, FL 34112 The Salvation Army PO Box 8209 Naples, FL 34104 robert rohland~uss.salvationarmy.org St. Matthew's House 2001 Airport Pulling Rd. South Naples, FL 34112 maii(_~stmatthewshouse.com St. Peter the Apostle Church 5130 Rattlesnake Hammock Road Naples, FL 34113 Birgit Pauli-Huack Work: 513-0862 Fax: 513-9054 Ken Wilbom Dr. William & Mrs. Nancy Lascheid Work: 261-6600 Fax: 261-6582 Threasa Miller Work: 657-2400 Fax: 657-2409 Carol Craw, David Fekete & Carol Tickel Work: (239) 649-0733 Fax: (239) 649-6026 Sandy Mummert Work: (239) 649-1404 Fax: (239) 649-5520 Shirley Sloan Work: 658-3600 Fax: 658-3608 Diane DeConit Work: 793-1959 *Bob Rohland/*Sally Braga Maribeth Shanahan Work: 775-9447 Fax: 775-9732 *Kelly Shaver-Hayman, Frank Meehan Annette Gover Work: 774-0500 Fax: 774-7146 Clayre Carfiery, Cathy McGou Work: (239) 774-3337 Fax: (239) 774-3077 JAN 2 Shelter For Abused Women P.O. Box 10102 Naples, FL 34101 kherrmann(~_,naplesshelter.org bleonard(~_,naplesshelter.org Society of St. Vincent de Paul 2874 Naples Blvd. Naples, FL 34104 carlnhenry~aol.com rlambchm~,_,ipi.net Southwest FL Workforce Dev. Board 24311 Walden Center Drive, Suite 200 Bonita Springs, FL 34134 ,patemo~oe@hotmail.com Unitarian Universalist Congregation Of Greater Naples Social Action Committee 11011 Linnet Lane Naples, FL 34116 wvonseggem(~Isv~'fia.rr.com Veterans Health Administration Ft. Myers VA Outpatient Clinic 3033 Winkler Extension Ft. Myers, FL 33916 lberkland~hotmail.com ~I.C 3301 E. Tamiami Trail Naples, FL 34106 renee Williams~doh.state.fl.us Barbara Tarka Leonard ' Work: 280-1355 Fax: 775-3061 Rachel Lambert Work: (239) 775-1667 Fax: (239) 775-2412 Joe Patemo Work: 992-8000 Fax: 948-3359 Marilyn Von Seggem Home: 594-5018 Fax: same as home but call first Loft Berkland-Jones Work: 939-3939 ext. 6362 Fax: 931-6114 Renee Williams Work: 732-2528 Fax: 774-8221 JAN 8 7.003 EXECUTIVE SUMMARY APPROVE A RESOLUTION SUPPORTING PROPOSED LEGISLATION FOR CONSIDERATION BY THE 2003 FLORIDA LEGISLATURE, TO 1) EXTEND THE DEADLINE ALLOWING RURAL ENTERPRISE ZONES TO EXPAND THEIR JURISDICTIONAL BOUNDARIES, AND 2) REDUCE THE REQUIRED MINIMUM PURCHASE PRICE FROM $$,000 TO $500 FOR ELIGIBILITY UNDER THE ENTERPRISE ZONE BUSINF~S E(~UIPMENT SAL~S TAX REFUND PROGRAM. OBJECTIVE: Approve a Resolution supporting proposed Enterprise Zone legislation for consideration by the 2003 Florida Legislature. CONSIDERATIONS: On 3/28/95, the Board adopted Resolution #95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. The State approved the -designation effective 1/1/97. Pursuant to Resolution ~)9-342, and subsequent approval by the Office of the Governor, the Immokalee Enteprise Zone was expanded to include the entirety of Census Tra~ts 112.03, 113, and 114. However, Collier County's other Enterprise Zone in Everglades City only includes those areas within that city's jurisdictional boundaries. Expanding the Everglades City Enterprise Zone boundary to include the areas of Chokoioskee and Copeland would allow more businesses in the area to take advantage of the various tax incentives available through this program. The deadline to amend the boundary was 12/31/01; proposed legislation would extend this deadline to 12/31/03. The 2001 Florida Legislature increased the minimum purchase price from $500 to $5,000 for eligibility under the Enterprise Zone Business Equipment Sales Tax Refund program. The majority of firms located within both the lmmokalee and Everglades City Enterprise Zones are very small businesses, and most are unable to utilize this program as their expenditures typically do not exceed the $5,000 amount. Lowering the minimum purchase amount would allow more forms to to take advantage of this program. The Resolution was recommended for approval by the Immokalee Enterprise Zone Development Agency. FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: none RECOMMENDATIONS: To support proposed Enterprise Zone legislation for consideration by the 2003 Florida Legislature ami authorize t)W ChaiHnan to sign the attached Resolution. '~' Heiene'Caseitine, CEc~D Date Economic Development Manager Margar~Wuerstle, Dir~tor Date Planning Services Department APPROVED BY~or Com~ Development & Environmental Services Date JAN 213 2003 RESOLUTION 03-.__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SUPPORTING PROPOSED LEGISLATION FOR CONSIDERATION BY THE 2003 FLORIDA LEGISLATURE, TO 1) EXTEND THE DEADLINE ALLOWING RURAL ENTERPRISE ZONES TO EXPAND THEIR JURISDICTIONAL BOUNDARIES, AND 2) REDUCE THE REQUIRED MINIMUM PURCHASE PRICE FROM $5,000 TO $500 FOR ELIGIBILITY UNDER THE ENTERPRISE ZONE BUSINESS EQUIPMENT SALES TAX REFUND PROGRAM. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the area included in Tracts 112.03, 113, and 114 of the 1990 Census, published by the U.S. Bureau of the Census, hereafter known as the Immokalee Community, is a distressed area which exhibits unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment; and WHEREAS, the Board of County Commission adopted Resolution #95- 248 on Mamh 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated a portion of the Immokalee Community as a State Enterprise Zone effective January 1, 1997; and WHEREAS, pursuant to Collier County Resolution #99-342, and subsequent approval by the Office of the Governor under Chapter 99-342, Laws of Florida, the Immokalee Enterprise Zone was expanded to include the entirety of Tracts 112.03, 113, and 114; and WHEREAS, the existing boundary of the Everglades City Enterprise Zone includes only those areas within that city's jurisdictional limits; and WHEREAS, a boundary expansion could greatly assist the Everglades City Enterprise Zone program by possibly including the areas of Chokoloskee and Copeland; WHEREAS, it is widely known that small businesses are the majority of the businesses locating in an Enterprise Zone; and WHEREAS, many small businesses cannot utilize the Enterprise Zone Business Equipment Sales Tax Refund program as currently written due to the $5,000 minimum pumhase price requirement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners supports the proposed 2003 legislation to: 1 ) extend the deadline to 12/30/03 allowing Rural Enterprise Zones to request an amendment to expand their jurisdictional boundaries, and 2) JAN 2 8 2003 reduce the minimum pumhase price from $5,000 to $500 per unit for eligibility under the Sales Tax Refund for Business Equipment used in an Enterprise Zone. same. This Resolution adopted after motion, second and majodty vote favoring DATED: A-i'll-EST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Clerk Tom Henning, Chairman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White Assistant County Attorney JAN 2 8 2t~ I Enterprise FLORIDA, Inc. Legislative Committee of the Board of Directors Legislative Proposal Submission TiUe; Enterorise_Zone Glitcrt Bi!! Summary: Amen0s the Sales Tax Exemption for ~uilcling equipment used in an En!erorise Zcre Present Situation: Current!y businesses Ioceted within an e~te.,'pr~$e zone are eligible for a seles tax reft;nO" ', value of that equipment is S5.000 or mere (s. 21208 (5)(g), F.S.). Ill. IV. Vo Effect of Proposed Change~: Thi.~ preDosal provides thal e!igibi!ity for ~.he spies ;ax refunC for bus;ness equipment ~.sed in an ente-prise zone have a umt value of $500 or more, down from a $5,000 per ..nit value. ~tationale/Justification for Proposed Changes: Smail businesses ar-3 the majority of :he businesses I(~cat~ng in en en:e~prise zone, urban or rura.. T~e ref'..2d as earrently structured cannot 0e accessed by tl~e mejonty of businesses lcOkm~ lc ocate or expand in an enterprise zone and is ~erefore not an effecdve lncer:tive, ESTiMA TED Fiscal Impact: mil*iOn in estimated revenue loss to th~ state VII: Return on Investment: year I: Year 2: increase in use taxes and tart~ible personal pro:~e~ty taxes at ti'~e local !evel. A re~i!aLzed community w:,t~ lower s~e~ cos[s, incr~ase¢ ~d val~ra~n taxes. viii. State Fiscal Impact: Annually: $1.5 mill~n [ess in GR based on sales tax coll~--tions IX. Local i County Government Fiscal Impact: Year 1: Year 2: Some increase in tangible ~ersoqal prope~y base(: on n.~v ec;uiomen~ purcheses vie erg,~ to: Form Rewsecl 8127/02 Liney L. Kenr Measures of Sur. Gess and/or Evaluation Indicators: The number of bi, sinuses taking the credit and new investment in an e.3terprise zone would be the initial measures of success. The Governor's Cffice of To~;rism Tracle and Ecor~omic Development produces an annual Enterpr;$e ~.one Report. This report identifies how muct~ t~e state and IocaJ ~overr. mer:t$ are investing in these areas. We nurn~)eT of new joO$ created withir: these areas. XI. Proposed Statutory Language: s.212.08 (5) (h) 9 d b~siness property having a se~es price uncer 5,.~3,;,~S500 per JAN 290.00676 Amendment of rural enterprise zone Ix)undaries.--No:withstanding any 3thor law, u~of~ recommenda:mon by Enterprise Flor(cia, [nc., the O~ce of Tourism, Trade, ~concmic Development may approve requests to amend the boundaries of ~ral ente-pr~se zon~ as defined in s. ~(8). Bounda~ amenamen~ au~hodzeO by this se~lor are sub)e~ to the following requirement: ,'.~.) The amendment m.3¥ increase ne size of bhe -urai enterprise zone up tca maximum zone size of 20 square ,,'2) The amendmer.~ may increase ~:lqe zo.~'s number of ncncon~i~uocs areas by one. if' the additional noncontiguous area has zero population. For purposes of chis su=section, :he iper~as[ve I;OVerty crite'ia 'nay be set aside for the additio,3 of a nonconr_guot~s area. ,'3) The iocai en:erprise -.-cna deve~cDment agm~cy 'nust request the amenCmer, t from Ente~rise Ronda, [nc., prior go December 30, -"~',~00~. The recluesl: must contair, maps a~a sufficien~. information ~o allow the cffica to determine '.he number of r~oncon~guous areas and the total si--e of the rural enterpmse zone. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AMEND THE HIRE DATE FROM APRIL 2003 TO FEBRUARY 2003 FOR THE TWO NEW PLANNER POSITIONS IN THE COMPREHENSIVE PLANNING SECTION OF PLANNING SERVICES. OBJECTIVES: To have the Board of County Commissioners authorize the hidng of two new planners in February 2003 for the Comprehensive Planning section of the Planning Services Department. The FY2003 budget approved these two positions with a hire date of April 2003. BACKGROUND: Pursuant to the Final Order imposed by the Governor and Cabinet on June 22, 1999, the State of Flodda mandated certain revisions to Collier County's Growth Management Plan (GMP). The BCC adopted the Rural Fringe Growth Management Plan amendments on June 19, 2002 and the Eastern (Rural~ Lands Growth Management Plan amendments on October 22, 2002. These amendments must be implemented within one year of their effective date. A challenge was filed on the Rural Fringe GMP amendments. Administrative hearings on the challenge are currently being held by the Division of Administrative Headngs (DOA). These hearings are expected to be completed in January and a decision rendered later in the year. The Eastern Lands GMP amendments became effective January 9, 2003. several new programs and processes must be developed and implemented within the one year time frame including: 1) A tracking and monitoring process for the TDR program, 2) LDC amendments creating a new TDR section, 3) Implementation of the Stewardship Credit System in the Rural Eastern Lands. 4) Development and implementation of LDC for Stewardship Receiving Areas in the Rural Eastern Lands. 5) Creation of Sending, Receiving, and Neutral Land parcel identification maps, 6) Implementation of the Rural Fringe Mixed Use District, 7) Creation of the Natural Resources Protection Area (NRPA)Oveday Section in the LDC, 8) Assessment of essential services to be conditionally permitted within Sending Lands, NRPA Overlays, and Conservation designated areas, 9) Additional LDC amendments addressing various elements of the GMP amendments, 10) Notification of all owners of property located along the boundary of a Sending Designation within three (3) months of the effective date of the amendments. Recognizing the increase in workload created by the Rural Fringe and Eastern Lands GMP amendments, the Board of County Commissioners approved funding in the FY 2003 budget for two additional planning positions in the Comprehensive Planning section of the Planning Services Department. ~ r~EM_' · - JAN 2 8 2003 CONSIDERATIONS: ,The Eastern Lands GMP amendments become effective on January 9, 2003. Impler~entation of these amendments is required within one year of the effective date. Meeting this deadline will be difficult due to the amount of work required to develop the new programs and processes necessary for implementation of the amendments. The Comprehensive Planning section has a surplus of $48,659 for the first quarter of FY2003 due to vacancies within the department. The surplus is adequate to cover the two additional months of salary required by a February hire date of the new planners. FISCAL IMPACT: A first quarter surplus exists within the Comprehensive Planning section of Planning Services. Accordingly, there will be no additional fiscal impact on the County by hiring the new planners two months earlier than originally proposed in the FY2003 budget. GROWTH MANAGEMENT IMPACT: Inasmuch as these two new positions are specifically required to assist with implementation of the new GMP amendments for the Rural Fringe and Eastern Lands, the hiring of these planners directly impacts the County's ability to meet the one year deadline for implementation of the GMP amendments. RECOMMENDATION: That the Board of County Commissioners authorize moving the start date of the two new planning positions for the Comprehensive Planning section to February 2003. ~---I"~EPARED BY: ~ ", MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE: APPROVED BY: ~IO~EPH K. SCHMITT, ADMINI TRATOR MMUNITY DEV. AND ENVIRONMENTAL SERVICES JAN 2 8 2003 EXECUTIVE SUMMARY A RESOLUTION SUPPORTING MARCH PERFORMANCE AS A QUALIFIED APPLICANT PURSUAN~ TO s.2g$.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $32,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2004 THROUGH 2007, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve a resolution supporting March Performance under the State of Florida Qualified Target Industry Tax Refund Program and its application for state tax relief of $160,000, of which 20% would be a local match. CONSIDERATION: March Performance currently has its corporate headquarters in Michigan. The company is expanding its operations and is considering sites in Florida as well as their home state. March performance is a family-owned and operated company that designs and manufactures high performance auto parts. The firm has grown 15-30% in the past ten years, and employs 45 people at-its current location. The proposed Collier location would be their new corporate headquarters plus include a research and design component. FISCAL IMPACT: The total obligation to March Performance under this program is $32,000. Funds will likely be paid in the following increments: FY 2004/05:$8,000 FY 2006/07:$8,000 FY 2005/06:$8,000 FY 2007/08:$8,000 Staff will include an $8000 appropriation in the FY 2004/05 Planning Services budget, as the first $8,000 installment under this program. JUSTIFICATION: The direct local economic impact of this project is estimated to be $5.88 million within one year of project completion, plus an additional $49,971 in new ad valorem taxes collected annually (based on 2001 millage rate, not including land value). Without the financial incentive and local participation in the Qualified Target Industry Tax Refund Program, the company will not be able to locate its operations to Collier County and may make the decision to locate elsewhere. GROWTH MANAGEMENT IMPACT: Although Collier County does not hav~ an Economic Development Element in its Growth Management Plan, March Performance is a high wage and high tech industry employer, which will help to achieve thc goals of the Economic Diversification Program approved by the Board in January 1997. RECOMMENDATION: The Board of County Commissioners approve the attached resolution for financial support of March Performance under the Qualified Targeted Industry Program to leverage the State's contribution, and authorize the Chairman to sign the attached resolution. SUBMITTED BY: REVIEWED BY: '~ t 0~al iA~,J DATE: Economic Development Manager, Planning Services Margaret W~rstle, Director Planning Services Department APPROVED BY: / [ Joseph K. Schmitt, Administrator Con'unity Development and Environmental Services DATE: JAN 2 8 2003 pi,,,~---, RESOLUTION NO. 03 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SUPPORTING MARCH PERFORMANCE, INC. AS A QUALIFIED APPLICANT PURSUANT TO s.285.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $32,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM FOR FISCAL YEAR(S) 2004 THROUGH 2007, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a manufacturer and designer of components ~or high performance automobiles, specifically, March Performance; and WHEREAS, March Performance currently has its operations and corporate headquarters .in Michigan but is considering a move to Collier County, Florida; and WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value-added employment and the economic base by providing tax refunds to qualified targeted industries that create high-wage job opportunities, and WHEREAS, the State requires the applicant requesting certification as a qualified targeted industry business to provide, among other things, a resolution adopted by the Board of County Commissioners in which the proposed project is to be located, recommending that the target business be approved as a qualified target industry and that the commitment of local financial support necessary for the target business industry exists; and WHEREAS, this incentive will provide an inducement for March Performance to locate in Collier County; and WHEREAS, March Performance will create up to 40 net new jobs in Collier County by March, 2004; and the average wage for the additional jobs will total $54,570.00, which is 185% of the Collier County's 2000 average wage; and WHEREAS, Enterprise Florida has confirmed with the Governor's Office of Tourism Trade and Economic Development (OTFED) about the Qualified Targeted Industry (QTI) Tax Refund Program and they agreed the project is eligible for QTI tax refund~ up to $160,000 (including local match). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends March Performance be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, and JAN 2 8 2003 BE IT FURTHER RESOLVED that the County has reviewed the public or private resources for local financial support and determined that the County can provide the necessary commitment of local financial support for March Performance as a Qualified Targeted Industry Business. The QTI Tax Refund Program has funding available for March Performance in the amount of up to $32,000; that this amount will therefore be so encumbered, and there be made available for payment from future revenues generated from the projected ad valorem taxes collected as axesult of this project. Payment is proposed to be made in the following increments: FY 2004/05 - $8,000, FY 2005/06 - $8,000, FY 2006/07 - $8,000, FY 2007/08 - $8,000. Monies are tO be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s.288.106, Florida Statutes. The necessary commitment of local financial support shall be contingent on March Performance maintaining the jobs during the life of the incentive and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County community. This Resolution adopted after motion, second and majority vote favoring same. DATED: A~r~EST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Pa~ick (~. W~hite Assistant County Attorney By: Date: Tom Henning, Chairman OCT.-Og'o2{wED) 10:~0 :!FI-TALL ~E~:I ~50 922 959~ P. OU2 FLORIDA, Inc. Mr. Klm Mamh President March Performan0a, Inc. ~020 Hix Road Westland, Michigan 48185 Dear Mr, March: A request has been made by officials of the Collier County Manager's Office ta determine the eligibility of your company's location project under ihe Qualified Target Industry (QTi) tax refund program. Enterprise Florida has conferred with the Qoverrmr's Office of Tourism, Trade and -Economic Development (OTTED) about this request and we agree the project Is eligible for QTI tax refunds up to $160,000 (in=luding local match), This determination is based on Enterprise Floricla's review of the project ,*rio the following: 1, The QTI award is vital to March Performance's deaision to locate its auto parts manufacturing and headquarters facility in Collier County, Florida; 2. The local cammunlty supports this p~ect; 3. March Performance will create 40 net new t= Florida jobs at an average wage of $54,S70 which is 185% of the average 200(3 Collier Ceunty wage; and, 4. The company will invest approximately $3.7 million in faculty and equipment. While the project la aligfble for the incentive aa delineated above, a final decision cannot be made until a thorough mvtew and evaluation of the application has been completed by OTTED. We leak forward to continuing to work wilt1 you and March Performance t= ensure the success of this project, if you have questiens about this opinion or the incentive prec.,ess, please call Crystal Sircy or me at (850) 488;6300. Senior Vi¢~ President C: Wynnelle Wilson, Office of Tourism Trade and Economic Development Jill Greenfield, Economic Development Council of Collier County Janua~ 6,2003 Merge Henry Enterprise Florida The Atrium Building, Suite 201 325 John Knox Road Tallahassee, FL 32303 Dear AAs. Henry: The Economic Development Council of Collier County is pleased to submit the enclosed application on behalf of March Performance for consideration by Enterprise Florida for the Qualified Targeted Industry incentive. The EDC of Collier County is convinced that the proposed project will have a significant impact, benefiting Collier County, Southwest Florida, and the State of Florida. If you require additional information, please contact me at the EDC at (239) 263-8989 or via email at Monica~.eNac~lesFlorida.com Thank you in advance for your consideration. · Sincerely Monica Biondo Rural Economic Diversification Manager Economic Development Council of Collier County 3050 N. Horseshoe Dr., Suite 120 Naples, FL 34104 Ph~ ~e: (239) 263-8989 Fax: (239) 263-6021 Email: Monica@eNaplesFIorida.com www. eNaplesFIorido.¢om GENERAL PROJECT OVERVIEW March Performance Name of Business New Business Project Title (1-5 word description) FOR EFI USE ONLY 12/27/02 Date Received Date Completed Project Number It is suggested that you contact Enterprise Florida at the below address to discuss your project and application before submitting a formal proposal The completed and signed application must be filed with: Enterprise FLORIDA, Inc. The Atrium Building, Suite 201 · 325 John Knox Road Tallahassee, Florida 32303 850~488-6300 · Fax: 850/922-9595 http://www, eflodda.com/ Effective 07/01/01 Em Io er Identification BUSINESS INFORMATION: a)' Name of Business Unit: March Performance b) Mailing Address:6020 Hix Road, Westland, MI 48185 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Kim March Title: President Company: March Performance Address: Phone: Emsil: 6020 Hix Road1 Westlandl MI 48185 734-729-9070 Fax:734-729-9075 mrmarchl @aol.comWebsite: www.marchperformance.com e) Business unit's federal employer identification number: 382351779 f) Business unit's unemployment compensation identification number: 0944526 g) Business unit's Florida sales tax registration number: will apply for this in the near future. h) List NAICS and SIC codes of all activities of the business unit: 3568 Targeted Industry: liqht manufacturinq i) Describe the business unit's primary business activities: Precision manufacturinq and desiqn of automotive parts Is the business unit minority owned: n.~o 3, Business unit's tax year (ex: Jan. I - Dec. 31): Jan. I - Dec. 31 Project .Identification/Information 4. a) Is the business unit a (please choose one): x__A new business unit to Florida. An expansion of an existing Florida business unit b) If an expansion, how many Florida employees are currently in the expanding business unit';? N/A c) How many individuals are employed in ALL Florida locations? Existing Florida employees cannot be included for consideration in certain incentive awards. Incentives may not be used in connection with any project that involves the relocation of jobs from one another. Florida c Effective 07/01/01 2 Full project description: March Performance is currently located in Westland, Michigan, and is considering the construction of a 40,000 square foot facility in Collier County, Florida. This new facility will include space for its manufacturing operations and office space for management. March Performance is owned and managed by Klm and Craig March and the ,Florida location would be their new corporate headquarters. The company designs, manufactures and markets high-performance, precision auto part. March Performance will be the anchor tenant of Collier County's first Research and Technology Park, a new zoning designation to promote high wage job creation in Collier County. March Performance will create 40 new jobs in a targeted industry for Collier County and Florida within the first two years after relocating to Florida. These 40 new jobs will have an annual average wage of $54,570.00, which is 85 percent higher than Collier County's average wage of $29,553. Check the appropriate box and complete the line item: [] Project's current location address, if applicable: 6020 Hix Road, Westland, MI [] Project's proposed location address, if different from above: 16971 Old Route 41, Naples, Florida. a) b) Located on Brownfield Site or in a Brownfield Area? YES (Please attach a copy of the official document that designated this area a brownfield area.) Will project be locating or expanding in an Enterprise Zone? YES xNO Which Zone: xNO c) Will project be locating in a designated rural area? · YES x_.NO Which designated rural area: __ County in which project is/will be located: Collier County ge Indicate the portion of the project (if any) that will be performing headquarters functions 15 % and check the box that best defines your project. Answer a) AND b): Yes Multistate business enterprise b) [] Regional headquarters office [] Multinational business enterprise Yes National headquarters office [] International headquarters office 10. Unless this is solely a designated headquarters project, please estimate percentage of gross receipts or final sales resulting from project that will be made outside of Florida: 95% Effective 07/01/01 JAN 2 8 2003 3 11. Indicate the portion of the project (if any) that will be performing non-headquarters functions. Enter the industry description and code of each industry included in this project: 5-6 digit 4 digit NAICS SIC Business unit Activities Code Code 85% Preci§ion machininq/automotive stampinq, Manufactudnq Mechanical Power Transmission Equipment 3568 12. List the 5-6 digit NAICS and 4 digit SIC code(s), estimated employment, and the annualized average wage (not including benefits) for activities included in the project: 13. For persons in corporate headquarters (6 jobs), SIC Code 8741, the annualized average wage is $88,500. For persons in the manufacturing division (34 jobs), SIC Code 3568, it i~ calculated to be $35,006. Therefore, the total average annualized wage for the entire project is $54,570.00 a) Anticipated annualized average wage (not including benefits) of the new to Florida jobs created by the project at the business unit: $541570.00 (Cash performance bonuses and other cash payments to the employees, such ss overtime, should be Included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage indicated in response to an incentive attachment, if applicable, will be used in the certification, agreement, and claim evaluation process.) b) Annualized average value of benefits associated with each new job created by the project at the business unit: Benefits ( i.e. health insurance, etc.) based on company's past history are approximately $3,000 per employee. 14. a) Describe the capital investment in real and personal property (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building): $2.3 million-construction of new facility. New machinery and other equipment will be .75 million. b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Florida project: Amount $ 2.3 million Amount $ .5 million Amount $ .25million Construction/Renovations Manufacturing Equipment Other Equipment c) Estimated square feet of new or newly expanded facility:approximately 40,000 square feet. 15. Anticipated date of beginning of construction for this project: 16. Anticipated date project will be in operation: March 2004 Effective 07/01/01 Auqust 2on3 AC'i;NI)A JAN282003 I Project Impact Information , What role will the incentive (or incentives) play in the decision of the applicant to locate or expand in this state? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by these states/communities.) March Performance is a manufacturer and designer of precision automobile parts. It is owned and operated by Klm and Craig March in Westland, Michigan. They are interested in' relocating their corporate headquarters and manufacturing operation to Collier County and expand their research and development department, but are in the process of evaluating their existing facility. There are various tax incentive programs available for companies in Michigan, including the Single Business Tax, which allows an investment tax credit (ITC) for capital purchases. The ITC level can be reduced or eliminated anytime a taxpayer claims an excess compensation reduction or gross receipts reduction allowed under the SBT. Based on March Performance's investment, the ITC might be worth $24,577. There are also property tax abatement programs in Michigan that would total over $37,000 over a four-year period. There are numerous costs associated with relocating the company to Collier County such as capital expenditures for real and personal property, operational costs and training expenditures will be incurred. Tax incentives are a key tool for controlling costs, especially up-front start up and relocation costs that directly affect a company's cash flow and earnings. The Qualified Target Industry Tax Relief Program will help alleviate some of the up front costs and will allow the company to maximize its cash flows and earnings. The QTI incentive is a paramount consideration of March Performance in their relocation decision. Without the QTI, the company will not be able to afford to move to Collier County. Qualified Targeted Industry Tax Credits QTI Benefits Summarized: $4,000 for each new job. The QTI incentive would help induce the creation of 40 new high wage jobs in Collier County in one of Florida's targeted industries and consolidate the company's functions as a corporate headquarters and manufacturing operations. Mr. James Mudd, County Manager of Collier County, wrote a "letter to preserve inducement" to Crystal Sircy of Enterprise Florida, outlining the importance of the State of Florida incentives and the local desire for high wage job creation. 18. Provide s brief synopsis on the special impacts the project is expected to stimulate in the community, the state or regional economy, focusing on economic conditions in the area, including the unemployment rate in the community where the project will be located. Unemployment According to the Florida Agency for Workforce Innovation, the November 2002 unemployment rate for Collier County is 4.0 percent, for the state of Florida 5.0 and for the U.S. 5.7 percent. Population figures from the Census Bureau ranks Collier County the 1st among Florida MSA's in population growth between 1990 and 2000, with a population Effective 07/01/01 20 8 2O03 19. 20. 65%. Collier's population is projected to reach 451,400 by the year 2020. According to the Florida Agency for Workforce Innovation, the 2001 employment in Collier County is in the following areas: Services 34% Retail Trade 22% Construction 12% Government 10% Agriculture 8% Other 14% Based on this information, there will be a need for new job opportunities for both the current residents and the projected population growth of Collier County. This business will bring a total of 40 jobs over the first 2 years, making March Performance a leader in precision manufacturing and design of components for high performance automobiles. March Performance is not a seasonal business, unlike those companies in the service and retail industry. March Performance will add year-round stability and diversity to Collier County's economy. Besides diversifying the basic industries in Collier County, March Performance will make a positive economic effect through the consumption of local goods, services, transportation,etc. a) A brief review of the applicant's past activities in Florida and in other states, particularly, as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) March Performance has had a significant presence in Michigan. Management and staff have been involved with a number of community business organizations. March Performance is a very active corporate citizen, including membership in the Detroit Chamber of Commerce and the Society of Engineers and Manufacturers (SEMA). The company presents no threat to the environment and will provide quality jobs and benefits to its future workforce in Florida with higher than average wages. b) Any criminal or civil fines or penalties and any awards. (If yes, please explain) N/A You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. YES, we Request Confidentiality X NO, we do not Request Confidentiality Effective 07/01/01 ****Be sure to attach proper incentive sheet(s)**** JAN 2 8 2003 Applioation completed by: Klm Mamh, President (Prim or Type N~me & Title) Merr, h Perfommm=e (Company) (734) 729-9070 (-~4) (Phof~ Numl~r) (Fax Number) i.(~- o~ ~Oeol.nom (Date) (E-mill 4ddmss) (Conl:a~t Per,on, ff different) (E-mall Addrm if different) To the best of my knowledge, the information inoluded in this application is accurate. rmtur~ of AuthorttmJ Officer) Klm March (Print or Type Nm~e ot Authorized President {Pdnt ~r~ 11~ o~ Authorized Officer) March PerformBnce (734) 729-9070 (Company) (734) 729.9075 (Phone Number) (Fmc Number) (Date) (E-mag Address) (.4~l~is If different) (Phone i/different) 07/01/01 Qualified Target Industry Tax Refund as an attachment to the General Project Overview for March Performance (Name of Business) Must be a business unit or reporting unit of a business unit that is registered with or v~fll be registered with the State of Florida for unemployment compensation puq~oses. 03-00005 (Project Code or Number) IMPORTANT NOTE: This application must be filed priorto making the decision to locate a new ; business unit in Florida or to expand an existing Florida business unit. The tax refund claim form will be due by January 31 st each year for the number of jobs on December 31st of the previous calendar year. The tax refunds paid per state fiscal year (July I - June 30) may not exceed 25 percent of the total tax refund award associated with the phase(s) scheduled. The total award will be equal to $3,000 ($6,000 in Enterprise Zones or Rural Counties) times the number of jobs reported in item 10, plus $1,000 per job if the average annual wage exceeds the area's average by 150% or $2,000 per job if the average annual wage is in excess of 200%. However, the QTI award may not exceed five times the local financial support paid by the community. Project employment and wages: a) Total number of "net-new-to-Florida" jobs created by the project at the business unit indicated on Overview: 40 iobs b) Are any employees being transferred from another Florida location'? No If employees are being transferred from another Florida location(s), how many and from where? If employees are being transferred from another Florida location(s), why are they moving and why is it justified in light of 288.106(2)(b)~ Florida Statute? c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to three consecutive years with job creation of at least 10 per year.) Number of "net-new-to-Florida" jobs Date by which those jobs Phase created in business uniP will be created I 25 12/31/04 II 15 12/31/05 TOTAL 40 Existing Florida employees cannot be included for consideration in certain incentive awards. Flodda Statute, 288.106 (2)(b) specifically prohibits the awarding of QTI in connection with any project that involves Florida community to another except given very specific, cteady demonstrated, circumstances. Must be a minimum of 10 new jobs or a 10 percent increase (whichever is greater) in existing employment, unless tt ~10~fflf~r~l~r Enterprise Zone. Revised 03112/02 projJANo&~d30031~.~ [ For purposes of certification, agreement, and claim reView, indicate the wage and corresponding threshold (percentage) to which you commit: a) b) c) $.~ which is 115% of the (year) $44.330 which is 150% of the 2000 (year) $,~ which is 200% of the ~ (year) average wage of $. in average wage of $29.553 in Collier County average wage of $. in (Enter the name of the county, MSA, or "Florida") Amount of "Local Financial Support" identified by local governing body $ 32,0OO Type of Support Cash Ad Valorem Tax Abatement' $ Land Grant by Local Governing Body' $ Waived''2 $ Refund paid to Business unit will be reduced by this amount. Only available in Rural Counties. Amount of Support $ 32,000 (Attach the resolution adopted by the local govemlng body recommending the applicant be approved as a QTI Business unit and indicating the level of local financial support that has been committed. Clearly indicate waivers requested and justification for such waiver.) PLEASE BE SURE TO ATTACH TO THE GENERAL PROJECT OVERVIEW. Signature of individual c,~. mpleting this portion (If dlfferant from General Overview) Date Same Address If Different) (734) 729-9070 Phone Signature of Authorized Officer Kim March, President Please pdnt or type name of Authorized Officer Date Effective 07/01/01 - QTI Revised 03/12/02 EXECUTIVE SUMMARY THAT THE BOARD AUTHORIZE THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION AND APPLICABLE DOCUMENTS OBJECTIVE: To authorize the Transportation Administator or his designee to execute the attached Federal Transit Administtration (FTA) grant application and applicable documents. CONSIDERATION: FTA funds which are to be used for the purchase of vehicles for the provision of transportation services to the elderly and disabled residents of Collier County are made available each year through an application process administered by the Florida Depas'~nent of Transportation (FDOT). The Local Coordinating Board (LCB) has requested that the Collier County BCC submit an application for these funds to purchase vehicles. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. FISCAL IMPACT: The cost is estimated to be $256,000 for four (4) vehicles. If the grant request is approved, the source of funds will be $204,800 Federal, matched by $25,600 State and $25,600 local. The local share will be budgeted and programmed as part of the Annual Public Transportation Development Plan (PTDP) Update in Fund 126 that will be incorporated in the Annual County Budget. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Transportation Administrator or his designee to execute the attached FTA Section 5310 grant application, revise and amend the FY 2003 grant and supporting documents and approve any budget amendments necessary to receive these funds. Any decision to terminate the agreement shall require the Board of County Commissio0~ approval as an agenda item prior to the termination of the grant. Prepared by: ~//~///~4 ~ ~ Date: 1/14/03. ,~M.~/~n, Public Transportation Planner Reviewed by: / [' I, I Date: 1/14/03. Diarj~. F~agg, Alternative Transportation Modes Director Approved by:/'~/?~f'){R.-&.~Q/~-x. -)~e~a(~4 Date: 1/14/03. Norman Feder, Transporta~on Services Administrator A,GE _NDA ITEM JAN 2 8 2003 Checklist for Application Completeness Name of Applicant: Check one: F*rst-time Applicant__ Previous Applicant The following must be included in the Section 5310 grant application in the following order: This checklist. Applicant's cover letter and 2 copies of the governing board's Resolution. Application for Federal Assistance (Form 424, Code 20.513) Operating and Administrative Expense and Revenue Form Current Vehicle and Transportation Equipment Inventory Form Capital Request Form Exhibit A: Current System Description Exhibit A-l: Fact Sheet Exhibit B: Proposed Project Description V/ Exhibit C: v//' Exhibit D: X Exhibit E: Public Hearing Notice and Publisher's Affidavit (for public agencies only.) Coordination N/A Exhibit F: Federal Certifications and Assurances Exhibit G: Certification of Equivalent Service (if grant is for non-accessible vehicles) Exhibit H: Applicant Certification and Assurance to FDOT. ~,¢x. 15, ~oo-S Date application was submitted to Local Clearinghouse: Additional documents required for first-time applicant (if a private-non-profit agency) Copy of Certificate of Incorporation 24 AGEN~u~, I~TEM .o. . JAN 2 8 2003 p~. ~. r February 3, 2003 Mr. John Starling Manager, Public Transportation -.Florida Department of Transportation Post Office Box 1249 801 N. Broadway Barrow, FL 33830-1249 RE: 5310 Grant Submittal Dear Mr. Starling: Collier County Board of County Commissioners (BCC) hereby submits this application for Section 5310 Program Grant Funds and agrees to comply with all assurances and exhibits attached hereto and by this reference thereof, as itemized in the Checklist for Application Completeness. Collier County Board of County Commissioners further agrees, to the extent provided by law in accordance with Sections 129.07 and 768.28, Florida Statutes to indemnify, defend and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of the non-compliance by the Agency, its officers, agents or employees, with any of the assurances stated in this Application. This Application is submitted on the 7t~ day of February, 2003 with two (2) original resolutions authorizing the Transportation Administrator or his designee to sign this application and any other supporting documentation. Thank you for your assistance in this matter. Sincerely, Jill M. Brown Public Transportation Planner Collier County, MPO enclosures CC.' Diane Flagg, Alternative Transportation Modes Director Norman Feder, Transportation Administrator Kelly Jones, Finance Department JAN 2 8 2003 !}~PLICATION FOR )ERAL ASSISTANCE I1. TYPE OF S[JBMISSION: JLeg~ Nme Collier County Board of County Commissioners 2685 South Horseshoe Drive Suite 211 !Naples, Fi 34104 61olol01515181 ASSISTANCE NUMBER TITLE Fede~l Tt'~lStl Adm~istrat~ Section 5310Pro, ram 2. DATE SUBMI3'rED Al~licant Identifier · DATE RECEIVED BY STATE State/~)plicatioa Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Ide~if'mr ~ al~r, caam (g~ve ,~a c~x~e) Jill M. Brown, Public Transportation Planner (941) 403-2310 D. J. P~m~ ~y lC ladi~ Trf~ N ~ ('S,~,,~) ). NAM~ OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA TION 11. DF.~CRIFTI'V'E ~ OF APPLICA~'T~ PROJECT Purchase of four (4) replacement paratransit vehicles. Requested Federal funds this Grant $ 204,R~3(3 Collicr County, Florida 13, PROPOSED PROJECT [14. CONGRESSIONAL DISTRICTS OF ~b. Froj~ct s~ ~ ~ ~ [ a. Apphcant 7/1/2001 [ 6/30/2002[ , 14 J 14 ,. ~ STATE EXECUTi'~E ORDER 123'72 P~OCF-~S FOP. REVIEW ON , s,-. $ 25,600 e. Ottmr ['~ OR PROGRAM HAS NOT BEEN SELECTED BY STATE F*O~ REVIEW · [s~og~m Income 17, IS THE A.'u~JCANT D~ ON ~ FEDEI~.AL DEBT? AUT{,,K3Iar'~'_13 BY THE (~TVl~q NINO BOOY OF THE APPL{CANT AND THE APPL{CANT WILL COMPLY WfI'H THE ATTACHED ASSURANCES {F THE ASSISTANCE l$ AWARDED, Norman Feder d. Siamn~ u{ Amhmz~ ~'~ Transportation Administrator 239).774-8192 l~wious Editions N~ U~abt- Authorized for Local Reproduction · 2 OPERATING and ADMINISTRATIVE EXPENSES (5310) Name of Applicant Organization: Collier County Board of County Commissioners Date Completed (501) Fringe end Benefits Services (s03) Materials end Supplies Vehicle ~---Intenance (so4) (so4.ol) Jtilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) 1/13/03 ~;scellaneous (Mgr. Fee) (509) Leases and Rentals )epreciation ~ Totals TOTAL. EXPENSE ELIGIBLE EXPENSES (5311 &5311 (f) Applicants) $ 1,650,O87 $ 1,650,087 SECTION 5310 Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) Section 5311 Request (no more than 50% of the Deficit) GRAND TOTAL REVENUES $1,650,087 (e) (from Operating and Administrative Revenue form) Note: If Grand To~al Revenues (e) exceeds Total F. xpe~ses (a), reduce Section $311 (d) request (d) by that amognL 3 (a) (b) (c) (d) AGENDA ITEM No.~ JAN 2 8 2OO3 Pg. OPERATING and ADMINISTRATIVE REVENUE (Section 5310) Name of Applicant Organization:Collier County Board of County Commis, sioners Date Completed REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH · (All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services r=. $ 152,814 r~.~I $ 67,164 $ 67,164.00 Special Transit Fares {402) $ 137,665 School Bus Service Revenue {403) Freight Tarriffs {404) Charter Service Revenues {405) Auxiller~ Transportation Revenues {406) Non-Transportation revenues {407) Total Operetinc, I Revenues $ OTHER REVENUES Taxes' Levied directly by Transit System t408) Local Cash Grants and Reimb. {409) $ 289,725 $ 114,452.00 Local Special Fare Assistance {410) Siule Cuuh Cuuh (3~u,,I.u m,d Ruh.b. (41 I) $ 9{31,031 State Special Fare Assistance (412) ,Federal Cash Grants and Reimb. (5311) {413) $ 118,852 lnterest Income (414) Contributed Services {430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues $ 114,452.00. GRAND TOTAL REVENUES $ 1,650,087 $ 211,6'16.00 4 AGENDA ITEM JAN 2 8 2003 CAPITAL REQUEST VEHICLE REQUEST Number Estimated FTA GMIS Code R or E Of Requested Options Cost Vehicles 11. R 4 deisel buses with lift, 2 wc positions $ 256,000 11. *' 11. 11. ~11. 11. Sub-Total 246,000 OTHER CAPITAL REQUEST Estimated FTA GMIS Code Quantity Brief Description Cost 11. 11. 11. 11. 11. 11. OTHER CAPITAL SUBTOTAL VEHICLE SUBTOTAL $ X 80% = Federal Request $ 256,000 + OTHER CAPITAL SUBTOTALS 204,800 0 ,= $256,000. No.AG~[~[~ ITE" JAN 2 8 2003 FY 2003 Grant application, 5310 EXHIBIT A: Current System Description: FTA -5310 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners (BCC) be named the CTC on an interim basis and recommended that the day to day coordination activities be carrier out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the BCC be designated the CTC on a permanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The BCC directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the BCC voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Currently, the CTC provides transportation services to the general public through its' management entity intelitran/ATC Paratransit. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service is door to door. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and thn.qe who are mentally nr phy~qically di.qahlecl, frnm thc. ir dnnr m their seat on tho :'ohiclo. Drivors will not go into a homo and oannot go to roomn of nuraing homes ar hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted 'carriers who have actual operations twenty-four hours per day. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 117,724 one-way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, ATC. Service is provided by carriers under contract to ATC Paratransit using vehicles owned by the county and by the carriers. Currently, the provider operates 14 routes and provides back up service with additional vehicles. Safety is a primary concern of all transportation entities. Our current vehicle inventory is supplied elsewhere in this grant application. ,a seen, many of the vehicles presently in the Collier TD Fleet have high mileage The CTC would like to be able to replace four vehicles. thc. tI~.ENDA, ITEM JAN 2 8 2003 pg. Required for Section 5310 EXHIBIT A-1 DATA INFORMATION FACT SHEET .PART 1 - For Section 5310 Applicants Only Number of one-way passenger trips provided to elderly and persons With disabilities (E&D):** Year 2 Number of individual E&D persons Served: (Unduplicated):* Year 3 Number of individual E&D pcrsons served requiring wheelchair: Y~.ar 4 Number of vehicles used for this service: 5 Number of ambulatory seats: 6 Number of wheelchair positions: 7 Annual vehicle miles traveled: 8 Normal vehicle hours in operations per day: 9 Normal number of days in operation per week: 10 Average trip length: Existing 70,465 1,096 7,047 25 256 26 750,847 14 6 10.66 Type of Service Expanded 1st Time Applicants First Time Applicants * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. AGEND,~ ITEM No. I_ I~ !~-'~ ! JAN 2 8 2003 lC FTA -5310 EXHIBIT B: Proposed Project Description: The Collier County Board of County Commissioners is requesting FTA Section 5310 funds in the amount of $204,800 (80%). State match funds in the amount of $25,600 (10%) will also be requested. This will be matched with local funds in the amount of $25,600. Funds from this grant will be used to purchase replacement vehicles to continue the existing level of service. The vehicles scheduled for replacement have exceeded their useful life and must be replaced if normal service is to continue. These and other vehicles will be used to provide transportation services throughout the county. The vehicles will be leased to providers under contract. Maintenance of these vehicles will be performed by the Collier County Maintenance Department. ' Section 5310 funding for these vehicles is essential if service is to continue. Collier County currently provides over $200,000 each year to provide paratransit service. The current fleet of vehicles is inadequate due to their age and condition. If this grant is not approved, Collier County may be forced to use some of the Local Operating funds to purchase replacement vehicles. If this happens, trips will be reduced and many passengers may not have access to medical, shopping and other life sustaining tran.qportation. A Budget is provided elsewhere in the ~ant application 10 AGEND~ITF--,M ~ .JAN 2 Il 2003 Pg. ti Exhibit C - Public Notice The required Notice of Public Hearing for 5310 applications was published in the Naples Daily News On January 19, 2003. AGENDA I'[EM No. t_[~.~ ~ JAN 2 8 2003 pg. I'L- Insert ad here AGENDA ITEM No. t(,~ t JAN 2 8 2003 Exhibit D -- Coordination The Collier County BCC is the Community Transportation Coordinator (CTC) for Collier County. AGENDA ITeM JAN 2 8 2003 Exhibit E -- Single Audit Act A copy of the Collier County audit is attached as Exhibit E. JAN 2 8 2003 ... Exhibit F - Federal Certifications and Assurances JAN 2 8 2003 Pg. j{~' 65182 Federal Register/Vol. 67, No. 205/Wednesday, October 23, 2002/Notices Appendix A FEDERAL FISCAL YEAR 2003 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TF~.]V[-Web) Name of Applicant: ¢o11±er County Board o£ County Comm±ss±oners The Applicant agrees to comply with applicable ~equirements of Categories 01 - 16. (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following Categories it has selected: Category Descriptioq 01. Required of Each Applicant 02. Lobbying 03. Private Mass Transportation Companies 04. Public Hearing 05. Acquisition of Rolling Stock 06. Bus Testing 07. Charter Service Agreement 08. School Transportation Agreement 09. Demand Responsive Service 10. Alcohol Misuse and Prohibited Drug Use 11. Interest and Other Financing Costs 12. Intelligent Transportation Systems Program 13. Urbanized Area, JARC, and Clean Fuels Programs 14. Elderly and Persons with Disabilities Program 15. Nonurbanized Area Formula Program 16. State Infrastructure Bank Program (Both. sides of this Signature Page must be apt~ropriately completed and signed as in. x Federal Register/Vol. 67, No. 205/Wednesday, October 23, 2002/Notices 65183 Appendix A FEDERAL FISCAL YEAR 2003 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE t~ecluired of all Applicants for FTc! assistance and all FTA Grantees ~'ith an actA, e capital or formula projecO AFFIRMATION OF APPLICANT Name ofApplicant: Collier County Board of County Commissioners Nam~ and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, I d~lar~ that the Applicant has duly authorized mc to make these certifications and assurances and bind the Appli~t's compliance. Thus, the Applicant agrees Io comply ~vith all Federal statutes, regulations, executive orders, and Federal requ~ements applicable to each application it makes to the Federal Transit Adnfiaistration (FTA) in Federal Fiscal Year 2003. FTA intends that the certifications and assurances the Applicant selects on the othcr side of this document, as represenlative of the certifications and assurances in Appendix A. should apply, as required, to each project for which the Applicant seeks now, or remy later, seek FTA assistance during Federal Fis~ Year 2003. The Applicant affirms the truthfulness and accuracy, of thc certifications and assurances it has made in the statements submitted herein with finis document and an)' other submission made to FTA, and ac.k~owledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 3 ! U.S.C. 3801 et seq., as implemented by U.S. DOT ~gulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FI'A. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with ~e Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other ~crtificatiort, assurance, or submission made in connection with any other program administered by FTA. In si~xin~ this document. I declare under penalties of perjury Lhat the foregoing certifications and assurances, and any other stmements made by me on behalf of the Applicant are true ~uid correct Signature Da~c' Namc Authorized Representative of Applicant AFFIRMATION OF APPLICANTS ATFORNEY For (Name olApplicant): Collier County Board of County Comra±ssioner$ As the undersigned A~omey for the above named Applicant, I hereby affirm lo the Applk~n~ that it has authority under s~e and local law Io make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and asstwances have been legally made and constitute legal and binding obligations on the Applicant I further affirm to the Applicaat that, to the best of my k~0wledge, there is no legislalion or litigation pending or imminent that might adversely affect the validity of these certifications an 1 assurances, or of the performance of the pmjoct Name Jace~ueline , Asst. County Attorney Attorney for Applicant ~ Al~li~ for FTA financial ~ss~la~e~ (e~¢e~t 4~ U.$.C. ~ 12(b) assistance) sad ea~ FTA ¢~ramee ~i~h aa aelive eapilal o~ formula I~Ojeel mum l~OX~de aa Af~malion of Ap~lie~a~'s An~mey pe~mlning %o Ibc Al~plie~ml's legal ea~a~y. Tla¢ A~pUeaal may enle~ i~ $igmmr¢ [FR Doc. 02-26975 Filed 10-22-02:8:45 am] JAN 2 8 2003 Exhibit H - Applicant Certification and Assurance to FDOT AGE~ID~ ITEM JAN 2 8 2O03 EXHIBIT H PPLICANT CERTIFICATION AND ASSURANCE TO FDOT To be comnleted and si_oned by an individu~! authorized by the governinl~ board of ~he aoolicont agenc.V and submittet! with the grant apolication.. The Collier County BCC certifies and assures to the Florida Department · 0f Transportation in regard to its Application for Assistance under 49 U.S.C. Section 5310 dated February 7, 2003 : 1) It shall adhere to all Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73 Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the even of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life nf ve. hic. le.~leqnipment. 7) It will return project vehicles/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognized the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department determines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior written approval of the Department. 10) It will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as required by the Department. ll)It will submit an annual financial audit report to the Department, if required by the Der artment. D ate: Signature: ,.Norman Feder, Transportation Administrator Typed name and title AGENDA ITEM No. JAN 2 8 2003 January 15, 2003 Ms. Julia Davis 'Intergovernmental Coordination and Review, (lC&R) Southwest Florida Regional Planning Council Post Office Box 3455 North Fort Myers, FL 33918-3455 Re: Transmittal of Federal Transit Administration (FI'A) 5310 Grant Application for Intergovernmental Coordination and Review, (lC&R) Dear Ms. Davis: Enclosed please find one draft copy of Collier County's application for a grant of $204,800 in federal assistance through the FTA 5310 program lbr the purchase of tour (4) replacement pnratrnn~it v~hicl~x The. draf~ npplination will be'. pre~ented tn the, BC, C. on Jammrv 28, 2003. Please conduct the Intergovernmental Coordination and Review, (lC&R), and send a copy of your response to Mr. John Starling; Manager, Public Transportation; Florida Department of Transportation; P.O. Box 1249; Bartow, Florida 33830-1249. Thank you for your assistance in this matter. Sincerely, Jill M. Brown Public Transportation Planner Enclosures cc: Diane B. Flagg, Alternative Transportation Modes Director AGEND&ITEM JAN 2 8 2003 RESOLUTION # ~ 2-~ A RESOLUTION OF TIlE COLLIER COUNTY BOARE 07 COUNTY COMMISSIONERS AUTHORIZING SIGNING AND SUBMISSION OF A FEDERAL TRANSIT t. GENCY 49 U.S.C. 3310 GRANT APPLICATION. ASSURANANCES WITH THE FLORIDA DEPARTMEN'r £,F TRANSPORTATION, AND ACCEPTANCE OF THE GRANT AWARD FROM THE DEPARTMENT. WHEREAS, 49 U.S.C. 5310 authorizes the Secretary of 'l'rarsportation to make grants and loans to local government authorities such as Collier County to help provide mass transportation service planned, designed. · and earned out to meet the special needs of elderly individ ~ah and individuals with disabilities: and WHEREAS. each year, through an application process adrmn slered by the F'lorida Department of Transportation. the Collier County Transportation Disadvanta~.ed prngram is able to obtain funds that are to be used for the purchase of vehicles and for the provision cf tra.~ ;portation services to the elderly or rural residents of Collier County. and WHEREAS, the Collier County Local Coordinating Board (~.CB) has requested that the Collier County Board of County Commissioner~ submit applications for these FTA a9 U.S.C. 5310/l~A 49 U.$.C. 5311 funds in order to purchase vehicle$ and for the provision of transport~t:<m services to the elderly or rural residents of Collier County, respectively; and WHEREAS, the Board of County Commissioners of Callier _~ounty, Florida, has authority to apply for and accept grants from the Florida Department of Transportation a~ authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964. as amend, ed NOW THEREFORE, BE IT RESOLVED by the Collier 2ounty Board of Count5 Commissioners. FLORII)A: 1. This resolution applies to a Federal Pro,am ~-~ U.S.C Section 5310. 2 The submission of a grant application(s) (attr-ched~, supporting documents, and assurances to the Florida Department of Transporlation s ~. proved. 2. That the Collier County Transportation Adm n:strator or his designee is authorized to execute. as well as revtse or amend the FY 2003 grant agreemen! and supporting documents. 4. An)' decision to terminate the attached agreement shall require Bce approval as an agend,t item prior to the termination of said grant. 5. This Resolution shall be effective immediat¢l) .~pon signature by the Chairman,. ADOPTED this __ day of voting favoring adoption. 2003. after motion, second and ma. orit~ BOARD C'F COUNTY COMMISSIONERS COMMISS; ~,NERS ATTEST: DATE: Dwight E. Brock, Clerk By: Deputy Clerk By': Tom Hen'~ng. Chairman Approved as to form And legal sufficiency: ~JTnnifcr-Bel~.~o Assistant Cofi~Artorney No. RESOLUTION A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUN'FY COMMISSIONERS A[erHORIZING SIGNING AND SUBMISSION OF A FEDERAL TRANSIT aGENCY 49 U.S.C. 5310 GILkNT APPLICATION. ASSURANANCES WITH THE FLORIDA DEPART~rENT OF TRANSPORTATION. AND ACCEFTANCE OF THE GRANT AWARD FROM THE DEPARTMENT. WHEREAS, 49 U.S.C. 5310 authorizes the Secretary cf Traaspormtion to make grants and loans to local government authorities such as Collier County to help grov:d .- mass transportalion service planned, desi_mmd.. and carried out to meet the special needs of elderly individuals and individuals with disabiliues; and WHEREAS, each year, through an application process adrainistemd by the Florida Depar~ent of Transportation, the Collier County Transportation Disadv~.t~ed program is able to obtmn funds that are to be used for the purchase of vehicles and for the provision of t-ar~portation services to the elderly or rural residents of Collier County. and WHEREAS, thc Collier County Local Coordinating Board CLCB) has requested that the Collier County Board of County Commissioner~ submit applicaUons for these FTA ~,9 U.S.C. 5310/IrA 49 U.S.C. 5311 funds in order to purchase vehicles and for the provision of ~ranspo-ta~ion services to the elderly or rural residents of Collier County, respectively: and WHEREAS, the Board of County. Comrmssioners of C~ll.er .Zounty, Flohda. has authority to apply for and ' accept grants from the Florida Department of Transportation as authorized b.~ Chapter 341, Florida Statutes, and by the Federal Transit Adminis~'ation Act of 1964. as amenc~ d NOW THEREFORE, BE IT RESOLVED by the Collier .~ ounty Board of County Commissioners. FLORIDA: 1. This resolution applies to a Federal Pro,am ~.:) U.S.C Section 5310. The submission of a grant application(si tatt~:hedL supporting documents, and assurances to the Florida Department of Transportation L, ~.proved. That the Collier County Transportation Acmmistrator or his designee is authorized to execute. as well as revise or amend the FY 2003 graft agreement and supporting documents Any decision to terminate the attached agr~-ment shall require BCC approval as an agenda item prior to the terminauon of said grant. 5. This Resolution shall be effective immediate(,, aport signature by the Chairman. ADOPTED this __ day of voting favoring adoption. 2003. after motion, second and majority BOARD OF COUNTY COMMISSION"ERS COMMISS. I(~_~NERS ATTEST: DATE: Dwight E. Brock, Clerk By: Deputy Clerk B),: Tom Herring. Chairman Approved as to form And legal sufficiency: ~'ennifer Belp~ Assistant Count~Attorney AGENDA ITEM JAN 2 8 2O03 - EXECUTIVE SUMMARY THAT THE BOARD AUTHORIZE THE TRANSPORTATION ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE THE An'ACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPLICABLE DOCUMENTS OBJECTIVE: To authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administtration (FTA) 5311 grant application and applicable documents. CONSIDERATION: PTA funds which are to be used for the provision of transportation in a Rural area of Collier County are made available each year through an application process administered by the Florida Department of Transportation (FDOT). As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. FISCAL IMPACT: This FY03 grant request of $118,852 will require a 50% "Soft" match. Soft match funds are not additional cash. Soft match is calculated as follows: Total Cost of transportation minus any farebox amount equals the deficit. The PTA reimburses 50% of this amount. However, the soft match amount will be available from funds provided by The Agency for Health Care Administration, Agencies, and County funds (126) to be budgeted for Transportation Disadvantaged trips in Rural areas. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Transportation Administrator or his designee to execute the attached PTA Section 5311 grant application, revise and amend the FY2003 grant and supporting documents and approve any budget amendments necessary to receive these funds. Any decision to terminate the attached agreement shall require the Board of County Commissioners approval as an agenda item prior to the termination of the grant. Prepared by: ~/ ,~'~ ~ d~j~ Date: 1/14/03. ~M. ~Br~,wn, Public Transportation Planner Reviewed by: [y~j Date: 1/14/03. Dian~ Fl~gg,.Alternative///]] ~ ,-- ~-- ' Transportation/~ ,~ . _.M°desnt Director Nbrman Feder, Transportatiofi Services Adrn~nistrator AGENDA ITEM No. ![CP~ ~ Pg- I APPLIES TO APPLICANTS FOR OPERATING ASSISTANCE (ONLY). CHECKLIST FOR APPLICATION COMPLETENESS Name of Applicant: Check One: New Applicant Rectm~g Applicant The following documents must be included in section 5311 Operating Assistance Applications in the order listed: ~This checklist. Applicant's cover letter and 2 copies of the governing board's Resolution. Forms B-1 and B-2 {Operating and Administrative Expense & Revenues; Grant Request.) Application for Federal Assistance (Form 424, Code 20.509). Exhibit A-l: Fact Sheet. Exhibit E: Single Audit Act, and a copy of the latest completed audit, if applicable. Exhibit E-l: Certification of Exemption from Single Audit Act, if applicable. Exhibit F: Federal Certifications and Assurances. Exhibit h FTA Section 5333(b) Assurance. Date Application submitted to Local Clearinghouse Agency '~ %~, '~00~ . Additional documents required from New Applicants: Exhibit A - Current System Description. Exhibit B - Proposed Project Description. 35 JAN 2 8 2003 RESOLUTION # 2(4~3-~ A RESOLI."I'ION OF THE COLLIER COUNTY BOARD O1: CO[.,~TI' COMMISSIONERS At~I'HORIZING SIGNING AND SUBMISSION OF A FEDERAL TRANSIT A.~ENCY 49 U.S.C. 5311 GRANT APPLICATION. ASSURANANCES WITH THE FLORIDA DEPARTMENT O? TRANSPORTATION, AND ACCEPTANCE OF THE GRANIT AWARD FROM THE DEPARTMENT FOR E:O~ENDENDt"FUREs OF GRAN'F FL.~D$ pIt'RSUANT TO A GRANT A'~'ARD. WHEREAS, a9 U.S.C. 5311 authorizes the Secretary of Ttan;pormtion to make grants and loans to local government authorities such as Collier County to help proved-~ non-u~banized transportation services to meet tli~ special needs of elderly individuals and individuals with di.,zb lities: and WHEREAS, each year, through an application process admini ;tered by the Florida Department of Transportation. the Collier County Transportation Disadvarl~ged program is able to obtaiu funds that are to be used for the provision of transportation services to the elderl? or rural residents of Collier County and WHEREAS, the Collier County Local CoordinaOng Board (LCB) has requested that the Collier County Board of County Commissioners submit applications for these FT.a. -~9 U.S.C. 5310/IrA 49 U.S.C. 5311 funds in order to purchase vehicles and for the provision of transpor'a-~n services to the elderly or rural residents o1' Collier County, respectively; and WHEREAS, the Board of County Comrmssioners of Collier County., Florida. has authority to apply for and ' accept grants from the Florida DeparUnent of Transportation a~ authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964. as amende.l NOW THEREFORE, BE IT RESOLVED by the Collier C.)unty Board of County Comrmssioners. FLORIDA: 1. This resolution applies to a Federal Program :t9 U.S.C Sec:ion 5311 2 The submission of a grant applicatiom s~ (~ta,:~ed). supporting documents, and assurances t,~ ' the Florida Department of Transportation i; a?3mved. 2 That the Collier Count)' Transportation Admi ~istrator or his designee is amhorized m execute as well as revise or amend the FY 2003 gr:-n: agreemen: and supporting documents. 4 Any decision to terminate the attached agreement shall require BCC approval as an agenda item prior to the termination of said grant. 5. This Resolution shall be effective immediate .~ t_pon signature by the Chairman. ADOPTED this __ da)' vo~ing favoring adoption. 2003. after motion, second and maj~rir], BO,aRD OF COUN'rY COMMISSIONERS COMMISSIONERS ATTEST: DATE: Dwight E. Brock. Clerk By: Deputy Clerk Tom Henr mg. Chairman Approved as to form And legal sufficiency: .~hni~¢r ~el~lio Assistant County Attorney AGENDA ITEM No.~ JAN 2 8 2003 Pg. RESOLUTION A RESOLUTION OF THE COLLIER COUNTY BOARD OI COL'N'I~' COMMISSIONERS AUTHORIZING SIGNING AND SUBMISSION OF A FEDERAL TRANSI .T A~GENCY 49 U.S.C. 5311 GRANT APPLICATION. ASSURANANCES WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. AND ACCEPTANCE OY TIlE GRANT AWARD FROM THE DEPARTMENT FOR EXP~.NDENDUTURES OF GRANT FUNDS PURSUANT TO A GRANT AWARD. WHEREAS, 49 U.S.C. 5311 authorizes the Secretary of Tran ;portafion to make grants and loans to local government authorities such as Collier County. to help provtde non-urbanized transportanon sen'ices to meet the special needs of elderly individuals and individuals with dj: ab lities: and WHEREAS, each year, through an application process aJmini;tered by the Florida Deparlment of Transportation. the Collier County Transportation Disadvantaged pro,am is able to obtain fuods that are to be used for the provision of transportation services to the el Jeff5, )r rura~ residents of Collier County. and 1,VHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners submit applications for these FTa. .:9 U.S.C. 5310/FTA a,9 U,S.C. 5311 funds m order to purchase vehicles and for the provision of transpor-ati~n services to the elderly or rural residents of Collier CounD', respectively; and WHEREAS, the Board of County Commissioners of Collier County Florida. has authority to appl.~ for and · accept grants from the Florida Department of Transponatioa a~ authorized by Chapter 3..I, 1, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amerde L NOW THEREFORE, BE IT RESOLVED by the Collier C )unty Bom'd of County Commissioners. FLORIDA: 1. This resolution applies to a Federal Pro,am -~9 U.S.C Sec'non 5311. The submission of a grant applicatmn(s) (a~:a,:hedL supporting documents, and assurances to the Florida Department of Transportation i; a~.orm ed That the Collier County Transportation Admi ~istratot or his designee is authorized ti, execute as welt as revise or amend the FY 2003 gr~-nt agreemem and supporting documents Any decision to terminate the attached agreeraenl shall require BCC approva] as an agenda ~tem prior to the termination of said grant. 5. This Resolution shall be effective immediate .~ upon signature by the Chairman ADOPTED this I da)' of voting favoring adoption. · 2003. after motion, second and max)ritx BOARD OF COUNTY COMMISSIONERS COMMISSIONERS ATTEST: DATE: Dwight E. Brock. Clerk By: Deputy Clerk Tom Hearing. Chairman Approved as to form And legal sufficiency: By: ~("~ ~'~ ~ Assistant County Attorney JAN 2 8 2003 PO 4 February 3, 2003 Mr. John Starling Manager, Public Transportation ~oricla Department of Transportation Post Office Box 1249 801 N. Broadway Bartow, Florida 33830-1249 RE: 5311 Grant Submittal Dear Mr. Starling: C611ier County Board of County Commissioners submits this Application for Section 5311 Program Grant Funds and agrees to comply with all assurances and exhibits attached hereto and by this reference made a part thereof, as itemized in the Chec 'klist for Application Completeness. This Application is submitted on this 7th day of February, 2003 with two ori~nal resolutions authorizing the Transportation Administrator or his designee to sign this application and any other supporting documentation. Thank you for 'you assistance in this matter. Sincerely, Jill M. Brown Public Transportation Planner Collier County, MPO Enclosures Cci Diane B. Flagg, Alternative Transportation Modes Director Norman Feder, Transportation Administrator Kelly Jones, Finance Department JAN 2 8 2003 OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant' Organization: Collier County Board of County Commissioners Date Completed 1/13/2002 TOTAL EXPENSE ELIGIBLE EXPENSES (All Applicants) (5311 &5311 (f) Applicants) Labor (501) Frin~le and Benefits (502) I Services- (503) Materials and Supplies (504) Vehicle Maintenance (504.01) Utilitie~ (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) Miscellaneous (509) Leases and Rentals (512) Depreciation (513) Totals $ 1,650,087 $594,031 $1,650,087 $594,031 SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) $ 304,868 (a) $ 67,164 (b) $ 118,852 (c) Section 5311 Request (no more than 50% of the Deficit) $ GRAND TOTAL REVENUES $ 1,650,087 (e) (from Operating and Administrative Revenue form) Note: If Grand Total Revenues (e) exceeds Total Expenses (a), reduce Sec6on 5311 (d) r~quest (d) by that arriounL 3 118,852 (d) JAN 2 8 2003 pg._ ~.5 OPERATING a'ld ADMINISTRATIVE REVENUE ~ Name of Applicant Organization:Collier County Board of County Commissioners. Date Completed_ OPERATING REVENUES Passenger Fares for Transit Services Transit Fares Bus Service Revenue 1/13/2003 , Tarriffs Revenues ~rtation Revenues ~ortation revenues Total O m~_~.g._Revenues OTHER REVENUES Levied directl~_~_Transit System Cash Grants and Reimbursements :Iai Fare Assistance State Cash Cash Grants and Reimbursements Fare Assistance Cash Grants and Reimbursements nterest Income Services Contributed Cash from Other Sectors of O__perations Total of Other Revenues GRAND TOTAL REVENUES REVENUE USED TOTAL REVENUE AS FTA MATCH (All Applicants) 5311 Applicants show exact amount ro~. $152,814 ~ $67,164 $ 67,164 $137,665 $289,725 144,452 $951,031 $118,852 $ $1,650,087 211,616 AG~HD~ITF.~ JAN 2 8 2003 2. DATE SUBMITTED Applicam Identifier APPLICATION FOR FEDERAL ASSISTANCE I1. TYPE OF SUBMISSION: I Application I 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY State AppiicaUon Iclentffier Federal Identifier IL*~ .am* Collier County Board of County Commissioners A~lrees (give city, ¢oum/, ~ and =p cxx:se) 2685 South Horseshoe Suite 211 Naples. FI 34104 I- 1TH81ololol515181 U' R~,iai~, em~ ,~me I=m~s) ia box(s) D Dem=l~ l>al.~= Oe~ (Svec~f~) 10. CATALOG O~ F"~ Po~L DOMESTIC 12 olo151ol91 Name and telephone number of person to be ccv~acled on matters involving this application (give area code) Jill M. Brown. Public Transportation Planner (941) 403-2310 NAME OF FEDERAL AGENCY :EDERAL TRANSIT ADMINISTRA T/ON ASSISTANCE NUMBER 12. AR.I~,.S APFIL'I'ED By lq~.OIL--T (.a6tt m~ntm,, mm. ~a~: ) Collier County. Florida To continue Rural transit and paratransit service in Collier County. Requested Federal funds this Grant $118,852 13. PROPOSED PROJECT 114. CONGRESSIONAL DISTRICTS Sim D~e 7/1/20031 6/3o/20o41 14 OF rb. 14 f. PmOmm ~me $ 118.852 $ 118,852 $ 237,704 ~f'ATE EXECUTIVE ORDER ] 2372 PROCESS FOR REVIEW ON [~ OR ~ HAS f, iOT BEEN ~'LECTED BY STATE FOR REVfEW I ?. I$ TH~ APt~--~CANT D~u~rT ON ANY [;~.M. D~. [~. If '3'.' ~"-~ m e~4mm~e 18. TO 'rile BEST OF MY KNOVVLEDGE AND BEUEF ALL DATA IN THIS APPUCATION PREPARAT~O~I A,RE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUT.~=D .~ T.E C. OVE~ .~ ~OO~ OF T~ A~PUCA~ ~ T~E A~PUDA.T W,,, COUPL¥ wn~ T< ^WACHED ASSURANCES ,F T.E ^SS, STANCE ,S ^WAR=ED. Norman Feder [Transportation Administrator 1(941) 774-8192 Authorized for Local Reproduction 2 JAN 2 8 2003 pg Required for Section 5311 EXHIBIT A-1 DATA INFORMATION FACT SHEET PART- 1 - For Section 5311 Applicants Only Type of Service Number of one-way passenger trips** Year Number of individual served Number of vehicles used for this service: Number of ambulatory seats: Number of wl~eelcnalr posmons: Total annual vehicle miles traveled: Normal vehicle hours in operation per day: NoCmal number of days in operation per week: Average trip length: Total Existing 28,186 438 24 256 300,339 14 6 10.66 Proposed Immokalee 19,699 309 1 22 2 49,608 11 6 2.52 Proposed TD Rural 36,642 569 24 256 26 330,441 14 6 9.02 Proposed Total 56,341 878 25 278 28 380,049 14 6 6.75 * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. AGENDA ITEM .o. JAN 2 8 2003 PcJ. q _ SINGLE AuDrr/FEDERAL AND STATE SCHEDULE OF FINANCIAL ASSISTANCE THE SINGLE AL1D1TPFEDERAL AND STATE SCI-IED~ OF FINANCI~ ASSISTANCE SECTION PRES~ GRANT COMPLIANCE REPORTS FU.gD BY COLLIER COUNTY WITH THE FEDERAL GOVERNMENT AND STATE GOVERNMENT, RESPECTIVELY. JAN 2 8 2003 Po. lC.) TI~IS PAGE INTE~ON~LY LEFT BLA.NK AGENDA No. ItC iq JAN 2 8 2003 P.Q Box 31002 St. Petersburg. FL 33731-8902 P.Q Box 1439 Tampa. FL 33601-H39 Independent Auditors'.Repo~t on Compliance and on Internal Control Over F'mancial gepo~ting Based on an Audit of ~eneral Purpose Financial Statements Performed in Accordance With Government ~4uditing Standards Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the general purpose financial statements of Collier County, Florida as of and for the year ended September 30, 2001, and have issued our report thereon dated February I, 2002. We conducted our audit in accordance with auditing standards generally accepted in the Umted Sates of America and the standards applicable to 'fmancial audits contained m Government Auditing Standards, issued by the Comptroller General of the United Sates. Compliance As pan of obtaining reasonable assurance about whether Collier County, Florida's general purpose financial r. tatementa are free of matcrial misstatement, we petfo,,,~d t~.,L, ,,f ;i.~ ~:,.,mpliance with certain provisions o! taxx.g, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of £mancial statement amounts. However, providing an opinion on compliance x~ith those provisions was not an objective of our audit, and a¢cordmgly, we do not express such an opinion. The results of our tests disciosed no instances of noncompliance that are required to be reported under Governmental Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered Collier County, Florida's mtemal control over fmancial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose fmancial statements and not to provide assurance on mtemal control over fmaneial reporting. Our consideration of internal control over fmancial reporting would not necessarily disclose all matters in internal control over fmancial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material m relation to the fmancial statements being audited may occur and not be detected within a timely period by employees m the normal course of performing their assigned functions. We noted no matters revolving internal con~xol over financial reporting and i~ts operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting, which we have reported to management of Collier County, Florida in a separate letter dated February 1, 2002. -This report is intended solely for the information and use of Collier County, Florida Board of County CommiSsioners, management and federal and sate awarding agencies and pass-through entities, and is not intended to be and should not be used by anyone other than these specified parties. February 1, 2002 159 AGENDA, ITEM JAN 2 8 2003 Pg. I~' P.O. Box 31002 St. Petersburg, FL 33731-8902 P.Q Box 1439 Tampa, FL 33601-1439 Report on Compliance With Requirements Applicable to Each Major Federal Program and State Financial Assistance Project Distinguished Members of the Board of County Commissioners Collier County, Florida: - Compliance We have audited the compliance of Collier County, Florida with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement. and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable ti, ~ac.h t,f iL- J,~ju~ £~d,.~ al ~'w/,'d.q l',rc,£ram.~ and state projcct~, for thc year en0ed ~eptember 30. 2001. Collier Counw. Florida's maior federal awm'ds p~og~a,~ a,d ~tc p~oj~cl~ at, identified in fl~e summary of auditors' results section of the accompany/ng Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to its major 'federal awards programs and state projects is the respons~ility of Collier County, Florida's management. Our responsibility is to express an opinion on Collier County, Florida's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to £mancial audits contained in Government 2uditing Standards, issued by the Comptroller Genera] of the United States; OMB Circular A-133, 2udits of States, Local Governments. and Non-Profit Organizations and Chapter 10.550, Rules of the ~uditor General. Those standards, OMB Cimular A-133, and Chapter 10.550, Rules of the 2uditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and mater/al effect on a major federal awards program or state project occurred. An audit includes ex~nining, on a test basis, evidence about Collier County, Florida's compliance with those requirements and performing such other procedures as we consider necessary in thc circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Collier County, Florida's compliance with those requirements. 161 AGENDA JAN 2 8 2003 ' In our opinion, Collier County, Florida complied, in all material respects, with the requirements referred to above that are applicable to its major federal awards programs and state projects for the year ended September 30, 2001. However, the results of our auditing procedures disclosed instances of noncompliance with those requirements, which are required to be reported in accordance with OlVlB Circular A-133 and Chapter i0.550, Rules of the Auditor General and which are described in the accompanying Schedule of Findings and Questioned Costs at Items 2001-1 and 2001-2. Internal Control Over Compliance The management of Collier County, Florida is responsible for establishing and maintaining effective internal ~,ontrol over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal awards programs and state projects. In planning and performing our audit, we considered Collier County, Florida's internal control over compliance with requirements that could have-a direct and material effect on a major federal awards program or state projects in order to determine our auditing procedures for the pt~-pose of expressing our opinion on compliance and to test and report on internal con~'ol over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the -internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more internal consol components does not reduce to a relatively Iow level the risk that noncompliance with the applicable requirements of laws, regulations, contracts, and grants that would be material in relation to a major federal awards program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matter~ invohring internal enntrn] avex compliance and its op:rafion thai we t.,,,,~M,-~ to bc material wcalmcnnc.~. This report is intended solely for the information and use of the Board of County Commissioners, management and federal and state awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. February 1,2002 162 AGE~DA,,ITEM JAN 2 8 2003 Pg. COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001 Federal or State Grantor/Pass-Through Grantor program Title ~rporaflon for National and ~.ommunity Service l~t Programs: Rr4in~ and Senior Voitmt~r Program Total Corporation for National and Community Service Envtrbnmental Proteetioo Aeenc-/ Indirect Programs: Stat~ Revolving Fund State Revolving Fund Total Environmental Protection Agency Federal Emergency Management Aeencv Indi~ct Programs'. Florida Departracnt of Comrmmity Affairs: Fl&~l Mitigation - Leonard R~idc~ce Shelter P, rtro-fit Terrorism Annex Barton Shelter Rctro-fit Tom] CFDA Emergency Management Performance Gram Total Federal Kmergency Management Agency National Foundation on the Arts and the Humanities Indirect Programs: Florida Depanmcnt of State Total National Foundation on the Arts and the Humanities Unlted States Department of A~rlculture Indirect Programs: Florida Dcpartmcnt of Agriculture and Con.mcr Scrv~ccs Forcslry State Gr~nt Total Florida D~arunent of Agriculture and Consumer Services Florida Deparlment of Education: School Brc~kfut Sc, hool Lunch Surmmr Food Se~ice Program l,,r Childv:n Total Florida Departn~m of Education Total United States Department of Agriculture U,!t--.~J States Department offish and Wildlife Sea Turtle Awareness Florida Fish and W/ldlife Conservation Conusfi~"ion Artificial Reef Total United States Department of Fish and Wildlife CFDA #/ CSFA # . Grant/Contract Number 94.002 3408167/05 66.458 CS 120597090-Colliex Co. 66.458 CS120597100-Collier Co. 83.548 00-FM-J 1 -O9-21-15-001 83.5~8 01 -HM-6L-09-21-I 5-007 83.548 01 -EO-N2-09-21-22-013 83.548 02-HM-6L-09-21-15-005 83.534 01-CP-04-09-21-01-011 45.31 00-LSTA-I-01 10.662 klc of Capri Fire Dis~ct 10.553 01.-0338 10.555 .01-0338 10.559 04-804 163 15.FFB 15.605 1448-40181-98-G-I 25 AGENDA ITEM-,_ JAN 2 8 2003 Expenditures $ 58,035 58,035 212,129 17,370,047 17,582,176 40,500 8,380 28,800 20,748 98328 38,461 136,889 45,699 45,699 2386 2,386 11,389 19,197 365,730 396,316 398,702 585 25,000 25,585 (Continued) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR'ENDED SEPTEMBER 30, 2001 Federal or SUit~ Gr~ntor/Pa=-Tiu'ough GFtntor F. o~--~n Title ~lnff;ed State~ Department of Health and Human Services Indirect Programs: Flc~da I:)epanment of Elder Affairs - A~a Ag~-ncy on Aging for Southw~t Florida, Inc.: Spedal ~ for ~h¢ Aging - Title m, p~rt B - C-~nts for Supporeve Serviee~ sad Senior Cent~ '-Special Progrnms for the Aging'-Title ~L Part B -Ornnts for Supportfvc Services and Senior Cent~ Total CFDA Speci~ Programs for lhe Aging - Title IR, Part Col - Nutrition Servic~ Special Programs for the Aging - Title i~, Part C-1 - Nulrition S~vi~es Special Programs for the Aging - Title I~, ?~rt C-2 - Nutri~on Servi¢~ Special Programs for thc Aging - Title l~ Pn~t C-2 - Nutri~on S~rvices Tota! CFDA Floric~ Departrn~t of Revenue: Child Support Enforc. em~t Total United States Department of llealth and Human Services Un, ted States Department of Housln~ a~d Urban Development lndircct P~arm: Florida D~arm~nt of Community Affair~: Cormnuni~' l~vslopm~nt Block Grant~ - Sm~ll Citi~-s Community Dcvelopm~st Bh~k Gnmt Total United States Department of Housing and Urban Deyelopment ~nited States Department of Transportation Indirect Programs: Florida Department of Transportation: DUI Eflfomcmcnt Traffic ~h R.e~ Total CFDA Highway Planning and Construction Highway Planning nnd Construction Total CFDA FTA Grant S~fion 5307 Section 5307 Total C-'FDA Immokalee Circuhtor 1 ~ee Circuhtor 2 Immok~ee Circulator 3 To~ CFDA Total United States Department of Transportation CFDA #/ CSFA # Grant/Contract Number 93.044 OAA203.00 93.044 OAA203.01 93.045 OAA203,00 93.045 OAA203.01 93.045 OAA203.00 93.045 OAA203.01 93.563 HZFI4 14.228 14.218 00-DB-6B-09-21-01E05 B-01-UC-12-O016 20.600 20.600 20.205 20.205 20.505 20.507 20.507 20.509 20.509 20.509 JS-01-06-07-01 i~-01-24-07-01 ?L-0313(38) PL-031309) AH707 FL-90-X403 -00 FL-90-X000 AF291 AG O64 078 164 Expenditures $ 41288 i5,o74, IO~6z 5,819 14385 6,066 15,513 41,783 9280 157,425 20g,747 58,371 267,118 37,017 58367 95,384 248,418 81,.~5 329,963 19,932 532,611 720,103 1,252,714 3,409' 51,163 74,846 129,418 1,827,4'11 JAN 2 8 2003 pg. COLLIER COUNTY, FLORIDA SCHEDULE OF EXPEND1TURE~ OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001 F_~._.~__--, ~1 or State Grantor/Pass-Through Grantor Program Title · U_n_13~l States Department of Justice Office of C~.~unity Orim~! Poliein~ . COI~ MORE 00 COPS in Schools Total C'FDA State CYiminal Alien Assistance Program (SCAA.P) Office of Justice Progran~: Local Law Enforc~ac'nt Block Grant Local Law Enforcem~n! Block Grant Total CFDA Equitable Sharin§ of F~derally Forfeited Prop~'y Inditer Prograrra: Florida Office of AtOmic' C~n~ral: Victim of C~n~ Act Cv'OCA) Florida D~aran~t of Community Afl. i=: Juvenile Arrest and Monitoring Str~n CranE Total CFDA STOP Viol~ncc Against Won~'n Grants Program Total United States. Department of Justice TOTAL EXPENDITURES OF FEDERAL AWARDS CFDA #/ CSFA # Grant/Contract Number 16.710 95CCWX0265 16.710 2000CMWX0058 16.710 19995HWX0314 16.710 20005HWX0839 16.572 99APVX0568 16.592 98-LB-VX.-4249 16.592 99-LB-VX-7088 16.000 Col~erCoun~ 16.575 V7002 16.579 01-CJ-9M.-09-21-0 i-223 16.579 O 1 -~_'J-J 1 -~Y~ t ~)] ¥)0 ] 16.588 00-DV-F 1-09-21-01-042 Expenditures $ !,!75,894 126~03 433,967 163J72 1,900,136' 277394 256,566 277,16E 533,734 67~32 100,602 143~18 67,273 210.593 69,000 3,158,691 $ 23,657,731 Florida Department of Community Affairs National W~ath~r Service Transmitter Enm'gency Prepar~ln~ and As.~;.$tance Trust Fund Emergency Prep~es$ and Aa$istaa~ Trust Fund Total Florida Department of CommunRy Affairs Florida Department of Elder Affairs Area Ag~acy on Aging for Southwest Florida, lnc: Home Car~ for the Elderly Home Car~ for the Elderly Total CSFA Cormnunity Care for the Elderly Corm'mmity Care for the Elderl)~ Total CSFA Alzhdm~r's Disease inifia6ve Total Florida Department of Eider Affairs 165 52.008 97-CP-07-09-21-01-104 52.008 00-CP-05-09-21-01-011 52.008 01-CP-04-09-21-01-01 ] 65.001 HCE203.311.02 65.001 HCE316.203.00 65.010 65.010 65.004 CCE203 302.02 CCE304.203.00 AGENDA LTEM JAN 2 8 2003 47,278 7,364 101,549 156,191 1,179 12,815 13,994 12,576 188,646 201,222 238 215,454 (Continu~) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001 Federal or State Grantor/Pass-Through Grantor Frogram Title · l~orida Department of Euvironmental Protection Beach Erosi~ Control Program Demlict Vessel Solid Wast~ P.~eyrAing and Education Gnnt Solid Was~ T'nz Orant Li~'~ Control and Prevention Grant Total Florida Department of Environmental proteetion Florida Department of Health and Reb,bllltative Services Emergency Medical S~ces County Award ~cy M~lical Sex~ces County Aw'~d Total CSFA EMS - Training Tolal Florida Department of Health and Rehabilitative Services Florida Department of Juvenile Justice Juvonilc Arrest and Monitoring I JAR. Monitoring Tut~l C2FA DRILL Aftercar~ DKILL R~sidentia! Total CSF^ Total Florida Department of Juvenile Justice F~0rida Department of Manaeement Services V¢ir~less 911 Total Florida Department of Management Services _Florida Department of State Kobert$ R~nch Planning Riv~rpark Conmaunity C~nt~r Total Florida Department of State ]Florida Housine Finance Commission · State Housing Initiatives Parmership Program Stat~ Housing Initiatives Partnership Program Total Florida Housing Finance Commission Office of the Governor Economic Development Grant - Loop Road Total Office of the Governor CFDA #/ CSFA # Grant/Contract Number Expenditures 37.003 01-C01 77.005 99-150 37.011 RE01-09 37.015 WT01-11 3%009 LC01-09 201,611 3250 54,275 111280 16,365 387,181 64.005 C99-11 64.005 C00-11 64.003 EMO01 70,121 9,131 79252 3,450 82,702 23,a45 20,404 43.852 124,200 369,563 837,949 1,331,712 1,375,564 100;741 ] 00,741 6,167 23,479 29,646 1,725,645 46,21 l 1,771,856 80.004 OB048 80.004 PC220 80.006 H7025 80.096 U3KO l 80.OO6 H9005 72.001 Collier County 2000 45.017 45.026 S1051 01-CLTA-02 52.901 52.901 FY 01 FY 02 166 31.002 ~9/001 IA AGENDA ITEM - JAN 2 8 2003 139,472 139,472 (Confnued) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 200] Federal or State Graator/Psss-Through Grantor Program Title ]l~ori~la Department of Transportation TDC Orant To~l CSFA Bulk 3tor~ I-linger E-verglad~ North AL,-tn~ Turn Out Eva'glade~ Obstruction Removal Eve~lad~ Obstruction P, mnoval Phas~ 1 Ev~,lad~ South AL-vt~ Turn Out Evgrglade~ T~minal Qtas$ Tie Down lmmokale~ Runway Lighting in-anokal~ Sinkage lmmokalee Weather Observation Station Marco R~loeat~ Se# Circle Marco P. mnov~ Contaminated Soil Marco Runway Lights Marco T-Hangars Marco T-Hanga~ (Second Set) Mitigation Total CSFA Sta~: Binck C~rant Customs Facility - Fast Track Total Florida Department of Transportation Office of the Stale Court Adminisirator · Civil Traffic Infraction Heating Officers Stat~ Court Gnmt - Article V Total Office of the State Court Administrator C'FDA #/ CSFA # Grant/Contract Number Expenditures 55.001 Al 659 55.001 AK 271 55~004 206414-1-9401 55.004 407953-1-9401 55.004 04-01-04619 55.004 WPI#1823345 55.004 WPI1823342 55.004 WPI#1823341 55.004 WPI#1823335 55.004 WPI#1823344 55.004 WPI#1823353 55.004 WPI#1823352 55.004 WPI#1823357 55.004 WP1#1823355 55.004 404461-8401 55.004 WPI #1823365 55.004 WPI#1823367 55.004 WPI#1823325 55.004 ~I #1823366 55.004 404460-1-9401 55.010 AJ346 55.014 AJ847 $ 268,713 89,571 358,284 41,185 130,142 7i,lO9 4,789. 32,446 5,358 28,903 2,854 1~50 8OO 56,007 4,464 91 33,985 24,835 55,849 85,752 70,2902 657,021 141,897 27238 1,184,44'0 10,856 57315 68,671 $ 5,511,918 22.001 Collier County 22.003 C~licrCounty TOTAL EXPENDrVURES OF STATE FINANCIAL ASSISTANCE 167 AGENDA ITEM JAN 2 8 2003 pg. 2-0 COLLIER COUNTY, FLORIDA NOTES TO THE SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE SEPTEMBER 30, 2001 NO'FE 1 - BASIS OF PRESENTATION Thc accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes thc Federal and State grant activity for Collier County, Florida and ks presented on the modified accrual basks of accounting. Thc information in th/s schedule is presented in accordance with the req~ts of OMB A-133, Audits of States, Local Governments, and Non-Profit Organ/zaiions and Section 215.97, Florida Statutes. Therefore, some amounts presented in thks schedule may differ from amounts presented, or used in the preparation o~ the General Purpose Financial Statements. NOTM 2 - LOANS OUTSTANDING C011ier County, Florida had the followin~ loan balance outstanding at September 30, 2001. This loan balance is. also included in the Federal expenditures presented in the Schedule of Expenditures of Federal Awards. Proem Title Federal CFDA Number Total Outstandin$ State Revolving Fund 66.458 $ 38,751,100 168 AGENDAJTEM .o.. JAN 2 8 2003 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2001 (2) (3) (1) Summary of Auditor's Results (a) An unqualified opinion was issued on the general purpose financial statements. Co) There were no r~portable conditions or material weaknesses in internal control disclosed by the audit of the gen~t-al putlx~e financial statemertts. '(c) There was no noncompliance which is material to the general purpose financial statements. (d) There were no reportable conditions or material weaknesses in internal control over major programs. (e) An unqualified opinion was issued on compliance for major programs. (f) There was one finding which is required to be reported under Section 510(a) of OMB Circular A- 133 and one finding under Chapter 10.550, Rules of the Auditor General. (g)- Major programs: CFDA#/CSFA# Federal programs: Federal Tran3it Grunt State Revol~ung Loan Highway Planning and Construction State programs: commission for the Transportation Disadvantaged (CTD) Trip and Equipment Grant Program State Housing Initiatives Parmership Program Delinquency Intervention Facilities Economic Development Transportation Fund Aviation Development Grants 20.507 66.458 20.205 55.001 52.901 80.006 31.002 55.004 (la) A $300,000 dollar threshold was used to distinguish between Type A and Type B programs. (i) The auditee did qualify as a low-risk auditee under Section 530 of OMB Circular A-133. Findings Relating to the General Purpose Financial Statements Reported in Accordance With Government Auditing Standards None. Findings and Questioned Costs Relating to Federal Awards Finding 2001-1 U.S. Department of Transportation: Highway Planning and Construction 20.205 169 AGEND& ITEM JAN 2 8 2003 pg. TI[IS PAGE ][N~FENTIONALLY LEFT BLANK AGENDA_ITEM JAN 2 8 2003 65182 Federal Register/Vol. 67, No. 205/Wednesday, October 23, 2002/Notices Appendix A FEDERAL FISCAL YEAR 200/t CERTIFICATIONS AND ASSURANCES FOR l'ED ERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TFMM-Web) Name of Applicant: Collier County Board of County Commiss±oners The Applicant agrees to comply with applicable requirements of Categories 01 - 16. (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following Categories it has selected: Category_ Description 01. Required of Each Applicant 02. Lobbying 03. Private Mass Transportation Companies 04. Public Hearing 05. Acqui~itiut~ ufRulli,g Stu~k 06. Bus Testing 07. Charter Service Agreement 08. School Transportation Agreement 09. Demand Responsive Service 10. Alcohol Misuse and Prohibited Drug Use 11. Interest and Other Financing Costs 12. Intelligent Transportation Systems Program 13. Urbanized Area, JARC, and Clean Fuels Programs 14. Elderly and Persons with Disabilities Program 15. Nonurbanized Area Formula Program 16. State Infrastructure Bank Pwgram (Both sides of this Signature Page must be appropriately completed and signed as ;pdieate~d. AGENIpAJTEM No. JAN 2 8 21)03 Federal Register/Vol. 67, No. 205/Wednesday, October 23, 2002/Notices 65183 Appendix A FE~)ERAL FISCAL YEAR 20{}3 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE f~equired of all Applicants for FTA assistance and all FTA Grantees with an acth, e capital or formula project) AFFIRMATION OF APPLICANT Collier County Board of County Commissioners Name of Applicant: N~m¢ and l~lationship of Authorized Repr~scnlative: -- BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized mc to make ~ ce~ifi~ and assurances and bind ll~ Applicant's compliance. Thus, thc Applicant agrccs to comply with all Federal statutes, rcgulafions, cxe~utive onlers, and Federal requixameats applicable to cach application it makes to the Federal Transit Administragon (I:TA) in Federal Fiscal Year 2003. FI'A int~mds tha! the certifications and assurances the Applicant selccts on the other side of this document, as representative of thc ccrlifications and assurances in Appendix A, should apply, as requircd, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2003. The Applicant _~ffirms the mithfulncss and accuracy, of the certifications and assurances it has made in the statem~uts submitted hcrein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil R~medies Act of 1986, 31 U.S.C. 3801 et seq., as implored by U.S. DOT regulations, 'Program Fraud Civil l~medies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA_ The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by In signing this document~ I dcclare under penalties of perjury that the foregoing ceitifications and assurances, and any ortner ~tatements made bi, me on bchahr of thc Applicant are true and Date: Signalure Manic Authorized R~presenlative of Applicant AFFIRMATION OF APPLICANT'S A'I'rORNEY For (Name ofApplicant): Collier County Board of County Commissioners As thc undctaigned Attomey for the abovc named Applicant, I hereby affirm to thc Appli~ that it has authoriLy under state and local law to make and comply with the certifications and assurances as indicated on the foregoing page. ! furthex affLrm that, in my opinion, the certifications and assurance$ have been legally made and constitute legal and binding obligations on the Applicant. I fuzth~r affirm to the Applican/that, to the best of my knowledge, there is qo legislation or litigation p~nding or imminrat that might adveraely affect the validity of these certifications and assurancea, or of the pedormance of the project. Mto~ br ~pli~t Date: County Attorney Each Applicant for FTA Fa-.ancial assistanoe (except 49 U.$.C. 53 ! 2(b) assistance) and each FTA (h-antee with an active capilal o~ formula i~oje~ must I~ovide an A.ffim~tion of Appli~anl's Attorney pea~inlng to tb~ Applicant's legal capa'4ty. Tha Applicani ma}' enter its signature in lleu oftl~ Alt~ney'$ signature, provldod th~ Applicant has on ti1¢ this Affannsiion. signed by tho attorney and dated ~ FedenO fiscal year. Doc. 02-26975 Filed 10-22-02; 8:45 am] JAN 2 2003 Required for: Section 5311 Section 5333(b) Assurance IThe Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") !HEREBY ASSURES that the 'Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program has been reviewed, and certify to.the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Section 5311 program. Dated: Norman Feder, Transportation Administrator (name and title of chief executive officer) (signature of chief executive officer) ELIGIBLE SURFACE TRANSPORTATION AND LABOR REPRESENTATION 1 Applying Agency and Description of Project Collier County Board of County Commissioners. To continue Rural transit and paratransit in Collier County. 2 Section 5311 Recipients in Service Area (May be =13one=) Collier County Board of County Commissioners. 3 Other surface Public Transportation Providers in Sewice Area (May be 'none') None Naples Trolley. Greyhound 4 Union Representation of Employees identified in Columns 2, and 3, if any (May be "none") None 17 JAN 2 8 2003 EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE BLOCK GRANT FUNDS. OBJECTIVE: To approve the attached JPA for financial assistance (FDOT Financial Management Number 407131-1-84-01) and Resolution authorizing the Transportation Administrator to enter into or modify the JPA with the Florida Department of Transportation, unless specifically rescinded. CONSIDERATION: The attached Resolution authorizes the Transportation Administrator or his designee to enter into or modify a JPA with the Florida Department of Transportation. Any decision to terminate the JPA shall require the Board of County Commissioners approval as an agenda item prior to the termination of the agreement. Funds from this grant will provide fixed route public transportation service. Funds from this grant will be made available once the Florida Department of Transportation receives and executes the attached Agreements. The Agreements must be accompanied by a Resolution authorizing execution by the Board of County Commissioners. FISCAL IMPACT: This is a reimbursement grant that the County will invoice on a monthly basis as the expenses are incurred. The total amount of the State Block Grant is $562,162.00. The FTA reimburses 50% of this amount. This grant request will require a 50% "Soft" match, which will be available from funds budgeted for Transportation Disadvantaged (TD) trips in rural areas provided by the Agency for Health Care Administration, other agencies and County funds (126). No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation element of the Growth Management Plan. RECOMMENDATION: That the Collier County BCC approve the Agreement and any budget amendments necessary to receive these funds and authorize the Transportation Administrator or his designee to enter into or modify the attached Joint Participation Agreement. Prepared by: ,~~( ~: ]~" ~'~-' ~'~'~ Date: .1/15/03 :I-M: ,r,~ublic Transportation Planner Reviewed by: '{ ~ I~ ~ Date: 1/15/03 Dian0A~: Fla~g,~ltern~tive Tr~.nsportation Modes Director Approved by: //"~"~LL~('A'~ 'L'U''U/'~L~L~L'~'~ /[~'~ :'~¢~'~ Date: II.~tnR ~ v:_ n Services Adm~mstrator A NDA ITEM Nerman E. Fader, Transportat(.O No. (~F~ _!~ ..~% JAN 2 8 2003 pg. \ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM 725-030-05 PUBLIC TRANSP ADMIN - 07/02 Page 1 of 12 Fund: 010 Financial Project No.: 40713118401 Function: 680 (item-segment-phase-sequence) Contract No.: AM350 Federal No.: N/A Catalog of Federal Domestic Assistance Number: N/A FLAIR Approp.: 088774 FLAIR Obj.: 750010 Org. Code: 55012020129 Vendor No.: VF596000558-004 Catalog of State Financial Assistance Number: 55010 THIS AGREEMENT, made and entered into this day of , , by and beb, veen the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, Florida 34112 hereinafter referred to as Agency. WITNESSETH' WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.052 Florida Statutes, to enter into this A.qreemer~t. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the part:,es agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation, through the State Transit Block Grant Program, in the Agency's eiigibie administrative, management, and operational expenses of providing public transportation services and as further described in Exhibit(s) A.B, andC attached hereto and by this reference'made a part hereof, hereinafter referred to as the project, and to provide D~mental financial assistance to the Agency and state the terms and conditions upon which such assistance will bt; provided and the understandings as to the manner in which the project will be undertaken and completed. JAN 2 8 2003 Pg. FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/02 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A' attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any o! the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit B This amount is based upon the estimate summarized in Exhibit "B' attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ See Exhibit B as detailed in Exhibit 'B", or in an amount equal to th percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligatin~ documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ~ is ~ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up"~o an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage O is ~) is not applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. AGENDA ITEId JAN 2 8 2003 pg. 3 _ FORM 725-030-D6 PUBLIC TRANSP ADMIN - 07/02 Page 3 of 12 6.00 Project Budget and PaYment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts, Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the proiect account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred ~.o as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federa! plans, or under ,State plans which have been approved for the dcposit of project funds by the Departn~.nt, hy ti ,~ d~j.,(_,sit ,_,1 5~ttil i,_j ~5i,_1~_ ur u,_,llate~ al or [I,e tv ~,_~s and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved ser¥ices contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and aps,t from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain ...-. sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the audits or evaluations of state financial assistance or limit the authority of any state agency inspeclLbr General, or any other state official. ' JAN 2 8 2003 FORM 725-03 D-OS PUBLIC TR.ANSP ADMIN - 07/02 Page 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, an8 name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB Circular A-133, Subpart C,..320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit repo~s for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and numhe, award number and yP. ar, Rnd nRmP. nf the awarding State agency. If the Agency expends less than $300,000, this audit is r,c~t r~.,'ll li~,~l ~1 ir ll~ Au~nr'y ¢,l~'t~ tO h~ve an ~udit conducted in ~ccerd~nce with the pre,.,ition~ of Section 215.~?, Flu[ida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. AGENDA ITF~ JAN 2 8 2003 FORM 725-030-05 PUBLIC TRANSP ADMIN - 07/02 Page 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the'Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 N. Broadway Ave., Bartow , FL, 33831 . its requisition on a form or forms prescribed by the Department, and any other data pertaining-to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any tCavel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; .... (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and ac. tlJ~l consideration paid for real property. (3) a statement by the Agency certifl/ing that the appraisal and acquisition of the real property togothor '.'.'~th an:,' attondant rolo0ahon of oooup3ntc ';.'ac @ocompl~cl~od ~n compl~anco v.'~tin federal laws, rules and procedures required by any federal oversight agency and with al! state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the projec[ if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. - 8.26 Federal Participation (If Applicable): Any federal agency providing federal the project suspends or terminates federal financial assistance to the project. In the event,,~! s~~ termination of federal financial assistance, the Agency will reimburse the Department for allrisallo.~ / FORM 725-030-06 PUBLIC TRANSP A. DMtN - 07/02 Page 6 of 12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40. Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services per[ormed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Depa~ment such portion of the financing and any advance payn-,e, nt t-,r~.vi,-,usly I'~,_:~iv~,.I a~ is d~_te~fi~ed by tile D~p~l.~,~_~t t,_~ I.,~ ,Juu u~Mu~ tl~ i.,~,_,vi._--i,.,~ ,_4 A~,~u~,~v..,,[. TI~ tu~l,ll~tlu~ ul ~;uspu~slu~ st~ulf b~ uul~lud out h~ cu~fiul~dLy wltl~ Ll~ I~tu~[ .~ul~udul~, pla~i, arid budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto with any third )proval shall be party with respect to the project without the written approval of the Department. Failure to obtain such a sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department unto itself the right to review the qualifications of any consultant or contractor and to approve or disappr employment of the same. ~v NO. tlc)i) - . JAN 2 8 2003 FORM 725-030-06 PUBLIC TRANSP ADMIN - 07/02 Page 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, alt recipients, and contractors shall take necessary and reasonable steps in accordance with 49 CFR Par[ 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not di~ulh~dl~tu ~gah~st ally employee or appllcant for employment because of race, age, creed, color, sex or national or~g~n. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercia~ supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title Vi - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA 42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agent/~ ..... ,""t ther?tc. JAN 2 8 2003 FORM 725-030-06 PURLIC TRANSP ADMIN - D71C2 Page 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for t~vo years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability, in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss ir~curred in connection therewith. 14.20 Duparl. mer:[NotObllgatedto Inlrdvar[les: lneUepar~mentsnallnotDeoB~lgatedorl~ablenereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any ~u,'h breach or default shall exist ,'~"," in no way impair or prejudice any rioht or remedyovo,,o,~,e .... respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14,50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. AG~NI~ ITEM., No. ~. ~_ ~_% ~ .JAN 2 8 2003 Pg. FORM 725-030-05 PUBLIC TP~NSP ADMIN - 07/02 Page 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management ..andards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the ,3erformance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) workin(: days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will d~.t~.rn~n,=: ~vl',~.th~.r tr, r~.,-It lir~. tl',~ I',,arli¢:il',ali¢,r, r,f tl',~. Ag~.r,-.y il-~ tile. de. fe..nse of the claim or to require that the Aaencv defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. AGEND~ ITEM, No. JAN 2 8 2003 FORM 725-030-0':3 PUBLIC TRANSP ADMIN - 07/02 Pa~e 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shalt be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than I year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2008 If the Agency does not complete the project within this time period, this Agreement v-'~l expzre unless an extension ~-f~'he time period is requested by the Agency and granted in writing by the District Secretary or his/her designee Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. · 19.00 Agreement Format: All words used herein in tl~e singular form shall extend to and include the plural. /',11 words used In [ne plural Torm shall extend to and ~ncludo the singular. All words used ~n any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreem~ nt,) ~r,,~ m=~ o, subrecipients shall certify and disclose accordingly. AGEND2~ ITEM No. JAN 2 Ii 2003 FORM 725-03g-06 PUBLIC TRANSP ADMIN - Page 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. Ifa payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S, the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any gnr~d.~ nr .~P. rvic~..~ f(~ ~ p~hlic entity, may not submit a bid on a contract with a public entity fc, r th~. ,-,,',r,~h ,,, :1;, ,,, ,,, ,~[];~;r ¢,F ;4 r" ~tdir- Im ~ilrtin~] r~r p~ ~hllc ,*,ork, ma;, not ~ubmit bid~' on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed 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 real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. JAN 2 8 20133 pg. IZ-- 725030436 PUBLIC TRANSPORTATION 07/02 Page 1'~ ',~' 12 Financial Project No. 40713118401 Contract No. AM350 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller $1GN~,TORY (PRINTED O~ TYPED) LEGAL REVIEW DEPARTMFNT ¢',F TRAN.~.P(3RTATK3N SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION District Director of Production TITLE AGENDA, ITEM No. JAN 2 8 2003 Pg. Collier County Financial Project Number: Contract Number: AM350 407131-1-84-01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, Florida 34112 dated PROJECT LOCATION: Collier County, Florida PROJECT DESCRIPTION: This Agreement provides for the Department's Public Transit Block Grant Program participation in the administrative, management, and operational expenses of the Agency's provision of public transportation services in Collier County, Florida. SPECIAL CONSIDERATIONS BY AGENCY: Thc audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistancc that will reflec, t the Depmtmcnt's fiscal y~ar of award, contract number, Financial Project Number, t:al;~log oI Statc F~nancial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the agreement. If applicable, the eligible prOject period identified in the Project Description shoWn above, may be extended by letter from the Department upoa a written request from the Agency. AGENDA ITEM No. / ~ ["3 JAN 2 8 2003 Collier County Financial Project Number: Contract Number: AM350 407131-1-84-01 EHIBIT "B" PROJECT BUDGET (For Transit Multi-Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, Florida 34112 dated PROJECT ESTIMATED AaNq) PROGRAMMED BUDGET: The Department has progra~u-ned the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C". This funding will be made available, annually, in the following manner. After all program requirements have been met, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount of funding available and the beginning date when eligible project cost may be incurred. This notification must be signed by the agency and returned to The Department. FY 2002/03 Local Funding (LF) Federal-Pass Through Funding (DU) State Funding (DS/DDR) TOTAL AMOUNT ( 50 %) ( N/A %) ( 50 %) $281,081.00 $281,081.00 $562,162.OO It is the intent of the Department to participate in the project to the level of funding encumbered not to exceed 50 % of the eligible and allowable non-federal share or which ever is less. -- AGIT_.NDA I'I', JAN 2 8 2003 Collier County Financial Project Number: 407131-1-84-01 Contract Number: AM350 EXHIBIT "C" (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Building F, Naples, Florida 34112 dated STATE PUBLIC TRANSIT BLOCK GRANT PROGRAM REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant f-unding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. 1 of 5 AGENDA IT..~ No. ( t.r. JAN 2 8 2003 State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the Agency for operating costs, whichever amount is less. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget together with two (2) copies of the National Transit Database (NTD) (49 USC 5335(a)) report at the same time the NTD report is submitted to the Federal Transit Administration or by March 1, whichever is earlier. Unless the adopted budget uses a format consistent with the NTD report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal 5,ear and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no Ntcr ti'tar, SCl,t,..,,,1,~.~ than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) to the Department by July 1 each year ATDP shall comply with the following elements at a minimum. The TDP shall identify and list community goals and policies with respect to transportation and land use in general and specifically to transit service. The TDP shall identify and quantify the community's need for transit service using demographic, socioeconomic, land use, transportation, and transit date as appropriate. There shall be an opportunity for the public to express the need for transit service improvements, such as but not limited to, Citizens Advisory Committees and workshops. 2 of 5 o .AG~_c.D~ ITEi~ N~ JAN 2 8 2O03 o The TDP shall include an analysis of the service currently provided in the community by public and private transit service providers in terms of quality and quantity of service. The TDP shall present an analysis of any variation between the need identified and the service provided and present alternative methods of addressing any deficiencies (and the costs and benefits of each.) The process for selecting an alternative method implementation shall include an opportunity for public participation. The TDP shall present a five year program for implementing the alternative selected. The five year program shall include: maps indicating areas served and the type and level of service to be provided, a monitoring program to track performance measures, a five year financial plan listing operating and capital expenses and anticipated revenues by source, and, a list of pz:ojects or services for which funding has not been identified. The last three years of the program may be presented with less detail than the first two years. o The TDP shall not be in conflict with the approved local government comprehensive plan and the comprehensive (long range) transportation plan. o The TDP is to be reviewed, revised as necessary, and adopted annually and submitted to the Department by July 1 of each year. The annual review and revision may be limited to refinements and extensions of the five-year program. Major updates, to be complcted every third year, shall include all elements of a TDP as defined herein. Formula Information- As authorized in Section 341.052, Florida Statute the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems federally r~q~,,r,~d National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15 % of the appropriation is given to the Commission for the Trahsportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, Florida Statutes The remaining 85 % is divided into three equal portions. Each eligible transit system gets a percentage of the fir,,t portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. 3 of 5 AGENDA ITEM No.3, --2,_ JAN 2 8 20 3 pg. OTI-IER REQUIREM~ENTS Safety Requirements Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Third Party Contracts Pursuant to Paragraph 12.00 of the Joint Participation Agreement, the Department must give prior written approval for all third party contracts. However, the Department hereby grants approval for the contracts described below: Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. Other contracts less than $25.000.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. ltccurring, renewal;lc, ,',, t,Jt-gt.,ing Vl_,~.t,ttivmtl t_.~,litiat.:£s that have less thali a twenty- five percent (25 %) change in total dollar amounts from one year to the next. Purchase of service contracts where the Agency will provide transportation service for a fee Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY Procurement Requests Agency Safety Compliance Agency Specifications Agency Invoices Agency Audit Reports 4 of 5 Agency Annuall Life of Project ' During AGENDA IT.~ No. ~.[~ ~;.~ JAN 2 8 2OO3 Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections. 5 of 5 - AG~Np~ ,_ - JAN 2 8 2003 Po._ Z© RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COM~{ISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE BLOCK GRANT FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for State Block Grant Funding, Item-Segment-Phase-Sequence (Financial Management Number) 4071318401 is approved. That the Transportation Administrator or designee is authorized to enter into, or modify the JPA, as necessary, with the Florida Department of Transportation, unless specifically rescinded. 3. Any de,;ision to !erminale the .IPA shall require BCC approval as an agenda ilem prior to the tcrminatic, n of thc JPA. THIS RESOLUTION ADOPTED THIS DAY OF MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A ATTEST: COLLIER COUNTY BOARD COUNTY COMMISSIONERS. OF By: Dwight E. Brock, Clerk By: Tom Henning, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jen~e~A. ~3elp'~%ssistant Co-'~nty Attorney JAN 2 8 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE BLOCK GRANT FUNDS. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the JPA for State Block Grant Funding, Item-Segment-Phase-Sequence (Financial Management Number) 4071318401 is approved. That the Transportation Administrator or designee is authorized to enter into, or modify the JPA, as necessary, with the Florida Department of Transportation, unless specifically rescinded. 3. Any decision to terminate the JPA shall require BCC approval as an agenda item prior to the tcmqination of thc JPA. THIS RESOLUTION ADOPTED THIS DAY OF MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A ATTEST: COLLIER COUNTY BOARD COUNTY COMNIISSIONERS OF By:. Dwight E. Brock, Clerk By: Tom Henning, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Se~f~r A. Belp~x~, Assistant County Attorney JAN 2 8 2003 Pg. c:~,~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (1) 15 CY DUMP TRUCK, DIESEL, IN ACCORDANCE WITH BID # 03-3457 OBJECTIVE: To enhance the daily repair and maintenance on County Roadways and Rights- Of- Ways within the Road Mainmance Department. CONSIDERATIONS: Invitations to bid were sent out on November 8, 2002 and opened by the County Purchasing Department on November 27, 2002. Staff has reviewed the bids and recommends the bid submitted by Wallace International Tracks Inc., as being the only bid proposal meeting, or exceeding specifications. Summary of the bid tabulations is as follows: Vendor Name: Wallace International Tracks Inc. Total Price: $77,222.00 FISCAL IMPACT: Funds in the amount of $77,222.00 are budgeted in Road Maintenance Fund 101 Capital. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3457, to Wallace International Tracks Inc., for the purchase of one (1) 15 CY Dump Track, Diesel. SUBMITTEDBY:~~-~ - ~ Tmvis Goss~rd, Road ~nd Brifige Supervisor c/;~ol~h ~/liet, ROad and Bridge Superintendent Ste~l~en ~..Carn ~ Purchasing/GS/l~)irector Mike A. Etelam~iki APPROVEDB ,- 1~ Norman E. Feder, RE, Road Maintenance Director AI~__~,' Transportation Administrator JAN 2 8 2003 AGENDA ITEM No, I(.~.f~ LJ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID ~03-3458R - ANNUAL CONTRACT FOR THE PURCHASE OF LIMEROCK AND FILL MATERIAL FOR THE APPROXIMATE ANNUAL AMOUNT OF $500,000 TO FIVE COMPANIES. OBJECTIVE: To provide an annual contract for limerock and fill material when necessary for use by all County departments. CONSIDERATION: ]. The Road Maintenance department is responsible for Collier County's 1,399 named roads, 1,003 paved and 205 unpaved for a total of 2,556.94 lane miles. Road Maintenance is also responsible for six State Roadways for a total of 384.9 lane miles. 2. This annual Contract is for the purchase of limerock and fill material, for use in grading and rebuilding limerock roadways and shoulder repair on all County roadways. 3. Bid #03-3458R was posted on November 19, 2002. Thirty Six (36) inquiries were sent to vendors. Five (5) bids were received. All legal requirements have been met. 4. Staff has reviewed the bids received and recommends award to Aggrisource, Florida Rock, Big Island, Southern Sand and Stone, and Harmon Brothers. Staff recommends award to all five companies because they are located in vadous parts of the County and Staff will go to the pit closest to their worksite to pick-up material in order to save time and money for the County. An approved and numbered purchase order will serve as the contracts for this bid. .5. Other County departments or governmental agencies may also utilitize this bid. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. FISCAL IMPACT: Funding for Road Maintenance Limerock and fill matedal will come from the MSTD General Fund (111). Other Departments will use their own funding sources.. RECOMMENDATION: That the Board of County Commissioners award Bid ~3-3458R to Aggdsource, Flodda Rock, Big Island, Southern Sand and Stone, and Harmon Brothers. SUBMITTED BY: ~....x~- ~'-~--"'~ Date: _/-,~-~ .~ /~l'~n Vl~et, suPei'inten~den"[, Transportation Maintenance JAN 2 S 2003 REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Carnell, Purcl~sing/GS ' to ' Mich~ Ete~ma~Dire~tor Transpo~ation Maintenance // ' ~~4~~ Date: N~an E. Fader, TranspoAation Administrator AGENE~ ITEM NO. \q'~:> ~ JAN 2 8 2003 Pg. (~ AGENDA ITEM JAN 2 8 2003 Pg. ~ EXECUTIVE SUMMARY AGENDA ITEM No. JAN 2 8 2003 Pg. j APPROVE CHANGE ORDER NO. 1 FOR $71,155.00 FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY PBS&J, INC. FOR GOODLETTE-FRANK ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) FOUR AND SIX LANE IMPROVEMENTS, PROJECT NO. 60134 OBJECTIVE: To receive the County Board of County Commissioners approval of the negotiated Change Order No. 1 for the Construction Engineering Inspection (CEI) services by PBS&J, Inc. for the Goodlette- Frank Road four and six lane construction project from Pine Ridge Road to Vanderbilt Beach Road. CONSIDERATIONS: On September 24, 2002, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services to PBS&J for the Goodlette-Frank Road project. The project began on December 2, 2002 and has a scheduled final date of November 21. 2004. The Change Order is being added to provide full time utility inspection, having an approximate value of $3.5 million of utility construction, as requested by the Utility Division. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $47,455.00 from '~'/"- the County Water Capital Impact Fee Reserve Fund and $23,700.00 from the Sewer Capital Impact Fee · Reserve Fund to cover to cost of the water and sewer portions of this project. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Change Order No. 1 to PBS&J, Inc., for the Construction Engineering & Inspection Services for the Goodlette-Frank Road, Pine Ridge Road to Vanderbilt Beach Road, four and six lane construction project and approve the necessary budget amendments. JAN 2 8 2003 SUBMITTED BY: . /' Lynn R./Thorpe, P.E. APPROVED BY: i~~ P~ Gregg ~. Strak~luse, P.E. APPROVED BY: APPROVED BY: APPROVED BY: Director, T.E. & C.M.D. Roy/Anderson, P.E. Dirbctor, P.U.E.D. Steve Carnell ii~ fPu~.h.,:~nera, Services orrrpn E. Feder, AICP, Administrator TranSportation Division Date: Date: (' Date: l- [,'- .- cZ3 Date: Date: JAN 2 8 2003 Pg. ~ JAN 2 5 2Zj WORK ORDER # PBS-FT-02-02 (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #003184) This Work Order is for CEI services for work known as AGENDA ITEM No. I(¢; t9.) Pg. 2;> (Title) Goodlette-Frank Road Project (Reason for Pro|ect) To perform Full time Construction. En_~ineering and Inspection Services for the Utilities. The work is specified in the proposals dated December 2, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PBS-FT-02-02 is assigned to: PBS&J Construction Services, Inc. Scope of Work: Provide Full time Construction, Engineering and Inspection Services for the County Utilities on the Goodlette-Frank Road Project. See the attached Proposal. Schedule of Work: Complete work within 750 Calendar days from receipt of the Notice to Proceed. Compensation: The County will compensate the Firm in accordance negotiated not-to-exceed sum amount of $71,155.00, as pro.vided in the proposal. The utility fee is $71,155.00. See attached schedule of fees. with the attached JAN 2 8 PREPARED BY: ~ /.~Lynn R./Thorpe, P.E , Principal Project Manager APPROVED BY: APPROVED BY: APPROVED BY: ACCEPTED BY: Gregg Strakaluse, P.E., Director, T.E. & C.M.D.- Date ,-' :' ,:? Roy>'h~'/?son, I~.E., Director, P.U.E.D Date ~°rm/n~E. Feder, AICP ~~ Tran~p~tion Administrator / D~e ~ John Brandvik, S,r,,,,r V~ce President PBS&J Construction Services, Inc. Date AGENDA ITEM No. t(: ?, JAN 2 8 2003 JAN 2 8 £~,3 PROJECT NAME: BID/RFP #: NAME OF FIRM: CONTRACT MODIFICATION CHECKLIST FORM Goodlette Frank Road MODIFICATION #: 1 PBS&J Construction Services CONTRACT AMOUNT: ORIGINAL $1,265,384.22 CURRENT COMPLETION DATE(S): AGENDA ITEM NO. [ ~' ~P~ JAN 2 8 2003 PROJECT #: 60134 CURRENT $ 1,336,539.22 ORIGINAL: November 1, 2003 CURRENT: November 1, 2003 SUMMARY OF PROPOSED CHANGE(S): Addional CEI services to provide full time utility inspection. JUSTIFICATION FOR CHANGE(S): The Utility Department has requested the need for full time inspection. PARTIES CONTACTED REGARDING THE CHANGE: Ron Dillard, P.E., Proiect Mana.qer (PUED) 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~MANA~GER R,~MENDATION: APPROV.E(. ~-/"' ~ /~'~y'----- Date: DISAPPROVE: Date: COMMENTS: 11/07/02 December 2, 2002 AGEND/~, ITEM Fi -- JAN 2 8 2003 Transportation Services Division 2675 Horseshoe Drive South - Suite 401 Naples, Florida 34104 Attn: Lynn R. Thorpe, P.E., Project Manager SUBJECT: REQUEST FOR CEI PERSONNEL MODII*ICATION Job Description: County Project No.: Contract No.: County: Goodlette-Frank Road Widening From Pine Ridge Road to Vanderbilt Beach Road 60134 00-3184 Collier Dear Mr. Thorpe, PBS&J Construction Services is requesting modifications to the original project personnel staffing on Collier County Project No.: 60134. As you are aware the present approved staffing on the Goodlette- Frank project is a part time Senior Project Engineer, Office Engineer, Senior Inspector, Inspector, and part time secretary. PBS&J presently has staffed this project with a part time Senior Project Engineer, Office Engineer, Senior Inspector, and Inspector. After a meeting with Collier County Utility departments last week about the possibility of modifying the existing utility designs to improve the installation and phasing of the proposed new utilities, it was agreed upon that a full time utility inspector is warranted. PBS&J has reviewed the original staffing on the above-mentioned project and feels that Collier County would be better served by amending the approved staff. First, that a full time inspector should be dedicated to the utilities portion of the project due to the size, cost, and complexity of utility installation. After talking to David Scafidi of Mitchell & Stark the estimated time from beginning of construction to final acceptance is sixteen to eighteen months. This inspector would be removed when the utility portion of the project has been final accepted by Collier County. In addition, PBSJ is proposing to incorporate the positions of Project Engineer and Office Engineer into one position (Project/Office Engineer). With the size and complexity of the Goodlett-Frank project a full time project Engineer is warranted to deal with ongoing day-to-day construction related issues. By bringing Dennis Day to this project we are providing a qualified person who is presently performing the duties of Project Engineer / Office Engineer. We have provided Dennis with both the materials and equipment to enable him to perform those duties. Therefore, I am requesting compensation per the contract for a Project Engineer / Office Engineer position. We are requesting these modifications be implemented as soon as possible in order to incorporate the new inspector to the project on or before February 1st, 2003. If you have any further questions please contact me. Sincerely, Tom Deer, P.E., PBS&J JAN 2 :', EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE FOR THE COLLIER COUNTY TRANSPORTATION PROJECT f$69081 IN THE AMOUNT OF $94,928. ADDITIONAL PATHWAYS REVENUE PROGRAM OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways program Project//69081 in the amount of $94,928.00. CONSIDERATIONS: Funds were received from various Developers/Developments in lieu of building a sidewalk/pathway as part of their Site Development Plan. These were funds in lieu of constructing required sidewalks in areas where planned right-of-way improvements scheduled in the Capital Improvement Program would cause the removal of sidewalk/pathways within two (2) fiscal years following the fiscal year in which the first building permit for the project was issued. The funds for the construction of sidewalks/bikepaths and bike lanes were to be placed into a fund for future construction of required sidewalks/bikepaths and bike lanes by the County.. Funds were received from the following for the Pathways Program: NTC, Development $15,616 January 2003 Toll Brothers $ 6,250 November 2002 Don Deflavis $ 1,120 October 2002 Quail Creek County Club $10,080 July 2002 Diaz Family Unlimited $ 6,700 May 2002 Max Cap $ 3,010 August 2001 NTC, Development $ 2,080 September 2001 NTC, Development $ 2,080 September 2001 Richochet $ 1,450 September 2001 The Kinsale Co. $ 5,530 August 2001 Fla Apt Club $27,360 July 2001 Golden Gate Fire $ 3,150 June 2001 Vista Gardens $ 5,000 May 2001 Sunset Carpet $ 1,350 June 2001 Greenscapes $ 1,580 June 2001 Outlaws, Inc. $ 2,472 September 2000 Total Amount Received $94,928 These fimds were deposited into a revenue account of the Transportation Pathways Program and need to be recognized for appropriation to construct the pathways. FISCAL IMPACT: The funds were deposited into the Transportation Supporte under project//69081. A budget amendment is needed to recognize the revenue $94,928 in the Transportation Supported Gas Tax Fund within the Pathways Proj Gas~~EM :t 69~j~i 2 8 2003 PO. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. PREPARED BY: ~/'jC/i.ddz'~d'c' Date: ///_._~/O.~ $ti~aro~Newrnan, Transportation Accounting Supervisor REVIEWED BY: Date: Diane Fldg~', Alternative Transportation Modes Director APPROVED BY: /~l,i//-~'./d.~w'~.'x/~, /~''~ ~al%te: d/3/['~ Norrff'an E.~'eder, AICP, Ad{6inistrator Transportation ~ervices Division AGENDA ITEM No._ !{<,t3 --) JAN 2 8 2003 EXECUTIVE SUMMARY APPROVE UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, PROJECT 73949 OBJECTIVE: To provide electrical facilities to accommodate the increased power requirement associated with the South County Water Reclamation Facility Expansion Project. CONSIDERATIONS: On October 9, 2001, the Board of County Commissioners approved Amendment 1 to the Construction Manager-at-Risk Contract 00-3171, with Montgomery Watson Americas. Inc.. now named MWH Americas, Inc., for construction management-at-risk services. Amendment 1 established the Guaranteed Maximuln Price (GMP). Florida Power & Light Company (FPL) will provide the additional service required for this project at the existing rate for this facility. The required transformers will be provided by FPL. We are required to install conduit, cable markers, and associated materials to be supplied by FPL. This installation will be done by the MWH electrical sub-contractor and is included in the GMP. A copy of the Underground Conduit Installation Agreement is attached. The FPL cost to relocate service to the transformer is $2,644. FPL will credit the County for the conduit installation in the amount of $2,435. This will result overall in a credit to the County of $209.00. FISCAL IMPACT: The County will receive a credit of $209. This project is being constructed with Sewer impact tee funds. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2001 Wastewater Master Plan Update as adopted by the Board on December 11,2001, under Agenda Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District approve, and authorize the £hairman to execute the Underground Conduit Installation Agreement with FPL. Alicia Abbott, E.I., Public Utilities Engineering Project Manager Roy B. Anderson, P.E., Public Utilities En~,ineering Director REVIEWED BY: ~ /3 ~ DATE: 1-[-~4)~ Joseph B. Che~,~am, Wastewa~r Jam~~__~y. P.E., Public Utiliti~g Administrator JAN 2 8 2003 I=PL 4105 15TH AVE SW Naples, Florida 34116 239-353-604? December 19, 2002 Collier County Government 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Re: South County Water Reclaimation Plant Dear Mrs. Abbot; Enclosed you will fred several docun~ents which are pertinent to the above referenced project. Please execute the a~eements by signing and having the signature attested. Remm all documents to me for further processing. Once all executed documents are received, construction at ),our site can be scheduled. Please return these promptly to avoid any delays Your contractor will be installing all of FPL provided conduit and hanclholes. After we energize are transformers, Collier County Government will receive a credit of $209. This credit is the difference of total conduit installation credit and cost to relocate existing service to the 1500 KVA transformer. $2435.00 Credit (Conduit installation) $2644.00 Cost (Relocate service to transformer) $ 209.00 Credit Prior to installing FPL provided conduit and handholes, please have your contractor contact Peter Hart at 239-353- 6047. He will inspect the installation. If there are any questions regarding these documents, please contact me at (239) 353-6047. Sincerely, te Senior Systems Project Manager Enclosures Job # 43595 R # 715NA an FPL Group Company AGI:NDA ITEM · .0. JAN 2 8 20O3 FPL Work Order No. 43595 Project Name: South County Water Reclamation Plant UNDERGROUND CONDUIT INSTALLATION AGREEMENT This Agreement, made this day of __ 2003 by Board of County Commissioners of Collier county, Florida as Ex-Officio the Governing Board of the Collier County Water and Sewer District ("Customer") and Florida Power and Light Company, a Florida Corporation ("FPL"). Customer has requested the pre-approval of the location and installation of underground distribution facilities to be located in a described FPL easement provided by the Customer. WlTNESSETH For and in consideration of the covenants and agreements herein set forth, the parties and agree as follows: 1. The Customer shall: a) Install conduit, cable markers and associated materials provided by FPL in accordance with the instructions and specifications attached to this Agreement; b) Be solely responsible for the installation of conduit at the correct location and the correct depth pursuant to the FPL construction drawing and specifications; c) Provide reasonable notification of the conduit installation dates; d) At the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies; e) Provide survey points for FPL to stake the cable route; f) Notify FPL when the conduit installation is complete; g) Provide "as built" prints within two (2) weeks of final installation; h) Provide for pick-up of materials; i) Assume liability for materials lost, stolen or damaged after customer receives such material; and j) Assume liability for any delays and/or additional costs to FPL caused by a conduit installation that is not consistent with the instructions and specifications attached to this agreement. 2. FPL shall: a) Provide written instructions and specifications for the installation of FPL provided conduit; b) Provide required material to the Customer for the installation of underground facilities within the specified cable route; c) Provide staking for the Customer along the specified cable route; d) Make payment to the Collier County Board of County Commissioners in the amount of $2,435, in the event that the customer has made or has agreed to make a Contribution in Aid of Construction for Pa.ge I of 2 Form804C(Non-Stocl Rev. 9/95 AG[~OA IT£~ j JAN 2 8 2003 the underground distribution facilities associated with this Agreement (if the credit exceeds the contribution, or it no contribution is required, a payment shall be made to the customer); e) Assume no liability for materials lost, stolen or damaged after receipt of such by the customer; f) Furnish any additional material at the current cost plus applicable loading and delivery charges; g) Assume no liability for delays caused by material delivery deficiency, including insufficient, lost, stolen or damaged material; h) Assume no liability for de~ays because of misunderstanding of installation drawings or specifications; i) Assume no liability for delays or additional cost caused by an inadequacy of the conduit system installation; and j) Assume no liability for special incidental or consequential damages of any nature. 3. This agreement is subject to FPL's General Rules and Tariff and the Rules of the Florida Public Service Commission. 4. Subject to the limitations set forth in §768.28, Fla. Stat., the customer shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL entities") from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the customer or its employees, for injury to or death of person(s) and any property damage arising or resulting in connection with any activity associated with the work or service under this agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of the day and year written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: Chairman Deputy Clerk Approved as to form and legal sufficiency: Assistant County~Attorney FLORIDA POWER & LIGHT COMPANY First Witness Print Name of First Witness Second Witness Printed Name of Second Witness By: Joe White, Customer Project Manager Page 2 of 2 Rev. 9/95 ~[ ' "~G~I~)A [TEN . · Form 8040 (Non-Sto(~ed~10' /-/'~ ~ [ / JAN 2 8 2003 EXECUTIVE SUMMARY APPROVE A DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA AND COMPANY, INC., AND ISLANDWALK DEVELOPMENT COMPANY, INC. IN THE AMOUNT OF $36,902.00 FOR WASTEWATER FACILITIES PROVIDED IN ACCORDANCE WITH THE PUD DOCUMENTS FOR THE ISLANDWALK DEVELOPMENT, PROJECT NUMBER 73190. OBJECTIVE: To obtain approval of a Contribution Agreement with the developer of IslandWalk which will satisfy the conditions set forth in Section 2.21 .I of the IslandWalk PUD. CONSIDERATION: On January 28, 1997, the Board of County Commissioners approved Ordinance No.97-6, the IslandWalk Planned Unit Development (PUD). Section 2.21.1 of the PUD states that the sixteen inch (16") force main which presently ends at the Vineyards Development on the south side of Vanderbilt Beach Road shall be extended to the point of service connection for the project and that the size of the force main extension shall be that required to serve the service area and the value of any over sizing to serve third parties shall be granted to the Developer pursuant to an appropriate Developer's Agreement. This condition resulted in the upsizing from a ten inch (10") force main required for the IslandWalk Development to a sixteen inch (16") force main to serve third parties. Therefore, the attached Contribution Agreement has been prepared for consideration in granting to the Developer the value of the upsizing which was approved and accepted on July 8,1998. Exhibit "B" of said Agreement contains a certification from the Developer's Engineer as to the actual final cost for the upsizing of the forcemain. FISCAL IMPACT: The value of the upsizing certified in the attached Contribution Agreement is $36,902. Approval of a budget amendment is necessary whereby funds will be transferred from the reserves of Fund 413, Sewer Impact Fee to the appropriate expenditure category in Project Number 73190 for this obligation. GROWTH MANAGEMENT IMPACT: Management Plan related to this item. There is no impact to the Growth RECOMMENDATION: That the Board of County Commissioners: Approve the attached Contribution Agreement in the amount of $36,902.00 as reimbursement to the developer of the IslandWalk PUD in compliance with Section 2.21. I of Ordinance No.97-6; and Authorize the staff to record the Agreement upon execution by the Chairman; and Approve the necessary budget amendment. SUBMITTED BY:. ~"~~./~ Date: Harry Huber, Senior Project Manager Pu~,blic Utilities_Engineering Department ..?~/... ?. ,,-~-~----- Date: REVIEWED BY: Rp~ Anderson, P.E., Director public Utilities Engineerin~~nt APPROVEDBY~ ~ ~~-. Date: ~~s W. DeLony, P.E. ~ tc Utilities Administrator AG~ NOA [T£N JAN 2 8 2O03 CONTRIBUTION AGREEMENT Waste Water Utilities THIS CONTRIBUTION AGREEMENT is made and entered into this of _, 2002, by and between DIVOSTA AND COMPANY, INC., a Florida corporation, and ISLANDWALK DEVELOPMENT COMPANY, INC., a Florida corporation herein collectively _"CONTRACTOR" or "DEVELOPER," and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT hereinafter "County". RECITALS: WHEREAS, Contractor is desirous of entering into a contribution agreement with the County whereby the County agrees to pay cash and no impact fee credits are involved in exchange for the construction or installation of certain UPSIZED regional wastewater system facilities, improvements or additions thereto, made to the County's regional systems, which are not presently needed by Contractor to satisfy the project's needs, but which are requested by the County to accommodate needs of other; and WHEREAS, Contractor either has legal control over, or is the legal owner of certain lands described in Exhibit "A" (hereinafter referred to as "Project" or "Water and Wastewater System Impact Development Lands") attached hereto and incorporated herein by references which have been subject to the imposition of water and wastewater system impact fees; and WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction to the County's regional water and wastewater systems shall initially be based upon professional opinions of total project probable costs certified by a professional architect or engineer; and WHEREAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by Contractor; and WHEREAS, the County Public Utilities Division has recommended to the Board of County Commissioners that it will be advantageous to the public for Contractor to install certain wastewater utility facilities descn'bed in Exhibit "B" which facilities are hereinafter referred to as the "Utility Project", which are composed of, among other things, UP-SIZED wastewater utility facilities that are larger in size and that will carry capacity in excess of the size and capacity determined by Contractor to be needed solely to accommodate Contractors' Project; and NO · ...---~L.~.~ JAN 2 8 2003 WHEREAS, the County is amenable to reimbursing Contractor's increased materials costs and increased installation costs actually incurred and paid by Contractor, which costs would not have been incurred or paid but for the up-sizing of the subject wastewater collection facilities; and WHEREAS, all parties acknowledge that NO CREDIT WHATSOEVER for land, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordi~amce or any other rule or regulation shall be considered or included in the value of any developer's contribution pursuant to the Contribution Agreement but shall be eligible for reimbursement of provided for in said law, ordinance or rule or regulation; and WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity w/th the utility construction standards and procedures of the County and were first approved by the Collier County Public Utilities Administrator prior to commencement of construction; and WHEREAS, Contractor acknowledges and agrees that Contractor shall have full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation on behalf of Contractor necessary to convey the contribution to the County in conformance with the County's utilities standards and procedures ordinances and regulations; and WHEREAS, Contractor has submitted to the Collier County Public Utilities Administrator an acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed Plan") which includes but is not limited to: ao A designation and description of the Water and Wastewater System Impact Development for which the Proposed Plan is being submitted; bo Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional architect or engineer; An acceptable proposed time schedule for the completion of proposed plan prepared by a professional architect or engineer; and d. Certification of actual costs of completion of construction. WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's regional water and wastewater systems; 2 JAN 2 8 2003 / Co do eo WHEREAS, the Board of County Commissioners finds that contemplated by this Contribution Agreement are consistent with the comprehensive plan; and Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's water and wastewater systems 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 regional utility systems; Such proposed Plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and transmission capabilities of the County's regional water and wastewater systems; The Proposed Plan is consistent with the public interest; and 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 regional water and wastewater systems; and the contributions County's existing WHEREAS, Ordinance No. 97-6, the IslandWalk Planned Unit Development (herein referred to as the "PUD") was approved for the Project Property by the Board of County Commissioners on January 28, 1997; and WHEREAS, Section 2.21(1) of the PUD requires that the Proposed Plan be sized to serve the County's surrounding service area and provides that the value of any oversizing to serve third parties shall be granted to Developer as impact fee credits pursuant to an appropriate Developer's Agreement; and WHEREAS, consistent with the most recently adopted five-year capital improvement program for the regional wastewater system, Developer has completed construction of the Proposed Plan and County has accepted and placed into service the contributions specified in the Proposed Plan; and WHEREAS, it has been determined that THIRTY-SIX THOUSAND NINE HUNDRED TWO DOLLARS ($36,902) is the Certified Actual Final Cost prepared by WilsonMiller, the Developer's Engineer, Exhibit "B"(Certified Cost), for the Developer to oversize the contributions to serve third parties specified in the Proposed Plan and the PUD; and WHEREAS, the contribution contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the collection of wastewater and the distribution of water for the purpose of 3 JAN 2 8 2003 PG.,~ ~., .... constructing or installing on established rights-of-way, mains, pipes, cables, utility infi'astructure or the like; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 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: 1. The above recitals are true and correct and shall be incorporated herein. In exchange for the contributions identified and contemplated in this Contribution Agreement Contractor shall be entitled to a cash reimbursement as more particularly described herein. o The amount of Contractor's cash reimbursement shall be determined according to the following standards of valuation: The value of eligible and anticipated construction to the County's regional water and wastewater systems shall be based upon professional opinions of total project probable cost certified b.v a professional architect or engineer. bo In the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Contractor, exclusive of design costs. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "B". Until the contribution credit is finally adjusted upon completion of construction, no more than seventy-five (75%) percent of the initial estimate of costs for contributions of the utility project contained herein shall actually be applied or used in a calculation of available credit against water and wastewater impact fees. Co No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. 4 i~o. JAN 2 8 2003 o A narrative description of the contribution which is the subject of this Agreement together with professional opinions certifying the actual costs of completion of construction of the Proposed Plan prepared by a professional engineer, is attached hereto as Exhibit "B", the Proposed Plan, which is incorporated herein by reference. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated (or that should have been contemplated by Contractor and its representatives as being necessary to the project) in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution. Contractor shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 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. This 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 which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 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. 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. 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 Chaimmn, executes this Agreement. A copy of the recorded document will be provided to Contractor. JAN 2 8 2003 10. 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 this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcemem of this agreement. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. DATED: ATTEST: DWIGHT E BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Chairman WITNESSES: DIVOSTA AND COMPANY, a Florida Corporation By: ~sen, Vice-President SECOND WITNESS: : ..tb- 4 6 STATE OF FLORIDA COUNTY OF t llitt" The foregoing instrument was acknowledged before me this _~ day of ~'~___, 2002, by Michael D. Rosen as Vice President of D[Vosta and Company, Inc., a Florida corporation, on behalf of the corporation. He ~t~d~talea is personally known to me or has produced driver's license no. as identification. CO~U~SS~ON ~ OD o7~7~4 III RES: ktar~ 10 200G [11 NOTARY~IBLIC (Type or Print) My Commission Expires: WITNESSES: ISLANDWALK DEVELOPMENT COMPANY, a Florida Corporation By: MichacfD. Rosen, Vice-Presidem SECOND WITNESS: ~'rint/Type Na/iae: ! NO. /t JAN 2 PG.,, STATE OF FLORIDA coteaT¥ OF ollier' The foregoing instrument was acknowledged before me this ~A~ day of 2002, by Michael D. Rosen as Vice President of Is. landWall$ Development Company, a Florida corporation, on behalf of the corporation. He/~/~~~ is personally known to me or has produced driver's license no. as identification. MY COMMISSION # DO 071794 EXPIRES: March 10, 2006 Boneed ~n~ Buret N~a~ S~es , NOT~Y,~P~'~-IC. Name: or Print) My Commission Expires: Approved as to form and legal sufficiency: Thorn~ l:;al~er ~ Assistant County Attorney A~NGA I~£M NO.~ JAN 2 8 2003 PG., _ ,/0 EXHIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Exhibit "B" - - Description of Land Project Description and Certification of Actual Costs of Completion of Construction 9 ,o. //.ff_. ~- JAN 2 8 20O3 P~. , 11 Project EXHIBIT "A" LEGAL DESCRIPTION All of Section 33, Township 48 South, Range 26 East, Collier County, Florida. The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, subject to an easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof. AND The South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier Count3', Florida, and subject to an easement for public road right-of- way over and across the West 30 feet thereof. The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 south, Range 26 East, Collier County, Florida; and subject to an easement for public road right-of- way over and across the North 30 feet thereof and the West 30 feet thereof. LESS AND EXCEPT: The following described property situate, lying and being in Collier County, Florida: The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of Section 34, Township 48 South, Range 26 East; by Order of Taking, Case No. 86- 1456-CA-01-HDH, recorded in OR Book 1215, Page 1662. ~/12/9g-$48~6 V,r:. OI I-AWitt N0772-020-000.ECOR. 17616 AGE I~DA ITEM JAN 2 8 2003 WilsOnMiller* New Directions In Planning7, Design & Engineering EXHIBIT "B" Proposed Plan October 1, 2002 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 RE: Islandwalk Wastewater Forcemain Developer Contribution Agreement To Whom it May Concern: I am certifying the actual costs of completion pursuant to the Developer Contribution Agreement between Collier County and DiVosta and Company, Inc. for the oversizing of a wastewater forcemain required by the Islandwalk PUD Ordinance No. 97-6, Section 2.21(I). I am certifying the construction and design costs that were incurred of $36,902.00 for the construction of the 16" forcemain in the Vanderbilt Beach R?0a, d right of way. Tlh~, following isa cost comparison which reflects the upsizing costs from a forcemain to a forcemain to serve third parties. Contracted Cost of 16" Forcemain Installation (4,817LF@17.44/LF) - Probable Cost of 10" Forcemain 4 817. LF 10.60/LF Difference between 10" and 16" Forcema~n (+~ En.qineerin.q and Permitting Costs. 6" Total Cost of Upsizing from 10" Forcemain to 1 Forcemain = $84,008.48 = ~ = ~ = ~ 3,953.72, = ~ Thank you for your assistance in this matter. Sincerely, W/~onMiller, Inc. Project Manager cc: Mike Rosen, DiVosta and Company N0772-01~000' LC, OR- 22570 Naples  ' AC,~NOA, ,ITC~1 (~ Fort Myers Saresota Tampa Tallahessee Panama Cit B~a. ch /~ ~ ~~,~2~ N~p~.F~o~,05 ~-~0~ 9~3-57~¢ ~ JAN 2 8 2003 ~. wl~onmiller, corn WilsonMiller. lnC -- FL Lic.~ LC*CO00170 PG. /~ EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES TO BILL SPECIFIC WASTEWATER ACCOUNTS. FISCAL IMPACT IS $36,000 PER YEAR. OBJECTIVE: Approval of and authorization for the Chairman to execute an interlocal agreement with the City of Naples to provide billing and collection services for approximately 6,000 wastewater accounts that have City water service and Collier County Water-Sewer Distdct wastewater service. CONSIDERATIONS: The City of Naples provides water service to certain and specific unincorporated areas of the County by virtue of powers granted in Chapter 180, Florida Statutes, adopted by the City of Naples by ordinance on July 6, 1977 and by an Interlocal Agreement between the City and the District, dated October 14, 1977. In the late 1980's, the District undertook a large wastewater project known as the East-South Wastewater Special Assessment project. As a result of this project, the District started providing wastewater service to customers who had City water service in 1992. For a period of time both entities maintained separate billing and collection functions. Customers complained about the inefficiencies of the duplication of services. On December 4, 1992, the City and the District entered into an Agreement consolidating the separate billing and collection functions wherein the District provided the consolidated functions. The District has provided the consolidated functions for the past ten (10) years. Both the District and the City have recently implemented an automatic meter reading program, which are similar but not technically identical. In addition, there are inefficiencies in the current Intedocal Agreement that have been recognized by both entities. The water service provider has more dynamics with relation to customer service than the wastewater ser~ ce provider. The vast majority of service inquiries are about water service or the water meter which are both owned by and are the City's responsibility to turn-off, turn-on, test, repair, replace, etc. Even though the Distdct customer service staff receives the inquiry, City staff must provide the resolution. Both entities are still involved in the customer service function. NO ._._...X~.._C~~ JAN 8 2003 As a result of changing from manual meter reading to automatic meter reading and the efficiencies that will be gained by both entities, City and District staff recognize that customer service will be significantly enhanced if the City provides the consolidated functions. City staff and County staff have worked closely together in the coordination of this process to make the transfer as seamless as possible. The City Manager and Public Utilities Administrator have met and discussed both the benefits and the. timeliness of the transfer. The item is scheduled for City Commission action on January 22, 2003. FISCAL IMPACT: The District will pay the City $36,000 per year ($3,000 per month paid in advance on a quarterly basis) for the billing and collection of District wastewater fees and charges for current and future customers who have both City water service and District wastewater service. The fiscal impact of $36,000 will be paid from the Collier County Water-Sewer District operating fund (408), Utility Billing and Customer Service cost center. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Board approval of the Interlocal Agreement and authorization for the Chairman to execute. Prepared by: ' ~.~.~.~,.,.~ ~..'~,~.,~..~u -.~'.~ ..... John,A. Yonkosky¢Oirector J' Utility-Billing and Custome~ ~T'~'~;~: Delony, P.E., ;dminisCtor ~ Utilities Division Date: JAN 2 8 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into this 28th day of January, 2003, by and between the City of Naples, a State of Florida municipal corporation, hereinafter called "City" and the Board of County Commissioners of Collier County, a political subdivision of the State of Florida as the ex-officio governing board of the Collier County Water-Sewer District, hereinafter called "District", to provide for billing and collection of wastewater fees and charges, in certain areas of unincorporated Collier County and to provide for payment of services rendered. WITNESSETH WHEREAS, THE City owns and operates certain water distribution facilities in unincorporated Collier County, and provides water service to existing and future customers in the unincorporated area as defined in Exhibit 1 attached hereto and incorporated herein; and WHEREAS, the District owns and operates certain wastewater collection facilities providing wastewater services to City water customers in the same service area as defined in Exhibit I attached hereto and incorporated herein; and WHEREAS, prior, to December 1992, the City and the District maintained separate meter reading, billing and collection of fees and charges, and customer service functions serving the same customers; and WHEREAS, on December 4, 1992, the City and the District entered into an agreement consolidating the separate functions wherein the District provided the services for the City and the District; and WHEREAS, the City and the District recognize that certain inefficiencies in the current delivery process will be eliminated if the water service provider, the City, provides the meter reading, billing and collection of fees and charges, and the customer service functions. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. Meter Reading. On a scheduled bi-monthly basis, City shall b6 responsible for reading the water meter(s) at each service location in the affected area noted on Exhibit I. 2. Billing and collection of fees and charges. On a bi-monthly basis, City shall prepare and send combined billings for City water and District wastewater services. .... JAN 2 8 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 Wastewater service charges. City shall bill for wastewater services in accordance with rates established by District ordinance. Changes in rates adopted by the District will be provided to the City with at least a thirty (30) day lead-time for implementation purposes. Wastewater deposits. Service deposits shall not be required wastewater accounts billed by the City on behalf of the District. Wastewater credits and/or debits. The District shall approve wastewater credit and/or debit adjustments. for all o Maintenance. Wastewater collection system will continue to be owned and maintained by the District. The wastewater collection system includes but is not limited to stub-outs, laterals, mains, lifts and pumping stations and associated apparatus and infrastructure. City is not obligated to inspect District wastewater collection system; however, City will notify District as soon as possible of maintenance requirements discovered by the City. Wastewater service fees and charges. City shall deposit and track all District wastewater service fees and charges on a daily basis by establishing a separate account on the books. On a weekly basis, City shall, by wire transfer, make payments for wastewater service fees and charges into the District's depository bank. The City shall pay City depository bank service charges. District shall pay any District depository bank charges. New account revenues. District will be responsible for collecting all District impact fees in the County's building permit process. City shall be responsible for collecting all City fees and charges such as tap fees, impact fees, etc. o New account installation. District will inspect connections to the wastewater system in the building permit inspection process. City will set meters in accordance with City procedures. Wastewater service charge will commence upon a Certificate of Occupancy. 10.Application for Service. Wastewater service is furnished only to the property owner. The applicant shall furnish the correct property owner name, street address (of the service site) and, if needed, legal description. Il.Application for service requested by firms, partnerships, associations, corporations and others. Such applications shall be tendered by duly authorized individuals. A tenant of property shall not be construed to be an agent of any owner or otherwise. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 12.Accounts discontinued for non-payment. When City discontinues water service for non-payment or other valid reason(s) wastewater service will be automatically be discontinued. When City reinstates water services, City will collect all outstanding wastewater fees and charges due at that time. 13 Partial payments. In the event a partial payment is received, the partial payment will, if possible, be applied proportionally to the balances due for water and wastewater services. 14 Accounts closed. City will provide Distdct a monthly list of any accounts closed with wastewater fees and charges outstanding. District, by powers authorized in Chapter 88-499, Laws of Florida and any subsequent amendments thereto, will place a lien on the real property, which received the wastewater service that is then not paid for. 15 Payment for services. In return for wastewater billing and collection services, County will pay to City the amount of three thousand dollars ($3,000) per month, payable quarterly in advance from the effective date of this agreement. This annual fee is subject to annual review. 16 Audit. County reserves the right to audit City utility and financial records pertaining to this agreement at a time and place convenient to City. 17 Replacement. This contract cancels and replaces in its entirety the Intedocal Agreement between the same parties, dated November 4, 1992. 18 Effective date. This agreement shall be effective on March 1,2003. Billing of certain individual accounts will begin in February to accommodate the bi-monthly billing process used by the City. City and County staff will develop the process in detail. 19 Termination. Either party may terminate this agreement with or without cause upon giving the other party ninety (90) days advance written notice. 3 1 2 3 4 5 6 IN WITNESS WHEREOF, the parties have set their hands and day of ,2003. CITY OF NAPLES: seals this , Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , City Clerk ATTEST DWIGHT E. BROCK, Clerk BY: Deputy Clerk , City Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman 7 8 9 Approved as to form and legal sufficiency. ~'/~amiro Manalich, Attorney ~ 4 JAN 2 8 ~3 WATER AND SEWER SERVICE AREAS OTY OF NAPLES. FLORIDA ~aarcfl 23, EXHIBIT 1 ~LDI ! I ! I I I I I I ! EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR A SAND SEARCH FOR THE RE-NOURISHMENT OF HIDEAWAY BEACH, PROJECT 90502, IN THE AMOUNT OF $210,448 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Coastal Planning & Engineering for a Hideaway Beach re-nourishment sand search in the amount'of $210,448. CONSIDERATIONS,,: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers (H&M), Coastal Planning and Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the engineering services related to the re-nourishment of Hideaway Beach with a budget of $335,000. A work order was issued to H&M for $85,220 to design the beach re-nourishment profiles and any permanent structures to replace the temporary sand-bag T-groins. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000. On May 30, 2002, a purchase order and work order were issued to CPE for phase 1 of the sand search in the amount of $38,711 (funded from the County- wide Sand Search not Hideaway Beach Re-nourishment). The phase I report, which gathered all historical information, was received in the last few months and included the areas that could be used to re-nourish the beaches of Marco Island. CPE has submitted a proposal in the amount of $210,448 to conduct a geotechnical and cultural resources investigation in the waters to the north of Hideaway Beach and the west of Marco Island with a goal of developing potential borrow sites for the re-nourishment of Hideaway Beach. It is anticipated that a budget amendment of approximately $200,000 will be needed to complete the engineering services related to the permitting for this project. This proposal exceeds the $90,000 limit of the fixed term contract. FISCAL IMPACT: The funding for tkis work order is available from the remaining $250,300 of the Hideaway Beach Re-nourishment project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Coastal Planning & Engineering for $210,448. That the Board of County Commissioners approve a work order with JAN 28Z003 I .......... ~g..___ I , ] SUBMI'YFED BY: .Date: Ron Hovell, P.E., Coastal Projects Manager REVIEWED BY: Date: _ Ro~ B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY: ~'~ld~_.. ~( ~t"~ -:~._-~ ' '~ ' es birector " - Stephen Y. Ca~znell, P.~ur~afl~fi~g/General :~erv~c · ~ ~]~~ Date: /~" APPROVED BY: ~ ~ ' __ ames W. DeLony, P.E., Pt~ic Utilities Administrator JAN 2 8 2003 I)G.,. _ ,~ EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR A HARD-BOTTOM INVESTIGATION AS PART OF COUNTY-WIDE SAND SEARCH, PROJECT 90527, IN THE AMOUNT OF $55,992 OB_Q.B_,~CTIVE: To obtain Board of County Commissioners approval of a work order with Coastal Planning & Engineering for a hard-bottom investigation as part of the offshore sand search in the amount of $55,992. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000 and on November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. The Coastal Advisory Committee has unanimously recommended that the sand search be "fast- tracked" with a goal of accelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 2003/2004 (the 10-year plan showed this as a 2005/2006 project). CPE has submitted a proposal in the amount of $55,992, for a hard-bottom investigation along the coastline between Gordon Pass and Wiggins Pass. While this proposal does not exceed the $90,000 limit of the fixed term contract, the cumulative value of all work orders related to the sand search and major re-nourishment is currently $128,516. Future phase work orders will also be taken to the BCC for approval. FISCAL IMPACT: The funding for this work order is available from the remaining $975,195 of the project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a work order with Coastal Planning & Engineering for $55,992 for a cumulative total of $184,508. SUBMITTED BY: Ron Hovell, P.E., Coastal Projects Manager Date: Roy B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY' ~:~"' C"'~2u-z ~~~ate: //[~/0.?~ · stePhe~n y. ~arr~ll, Purchasing/G~orf~r~Services Director . APPRO~D ~W. De~y, ~u~ties A~is~~~' JAN 2 8 2003 EXECUTIVE SUMMARY RE-APPROPRIATE THE BALANCE OF UNSPENT FUNDS RELATED TO NORTH WELLFIELD IMPROVEMENTS IN THE AMOUNT OF $98,200, PROJECT 70075 OBJECTIVE: A budget amendment is needed to realize the balance of funds which were budgeted, but not expended or encumbered, during fiscal year 2002 for use during fiscal year 2003 for this multi-year project. CONSIDERATIONS: At the start of Fiscal Year (FY) 2002, the North Wellfield Improvements project had a budget of $4,340,000. On December 11, 2001, as agenda item 16C 10, the Board declared an emergency and instructed staff to negotiate a design-build contract to provide four new wells. On February 26, 2002, as agenda item 16C 10, the Board approved the design-build contract and amended the project budget to $4,737,390. During fiscal year 2002, $4,639,206.16 was expended or encumbered leaving an available balance of $98,183.86 at the end of FY2002. Due to conflicting year-end closing activities, the available balance was not rolled forward into FY2003. The additional funds are needed in FY2003 to complete the on-going construction of four new public water supply wells related to the serving the reverse osmosis process at the North County Regional Water Treatment Plant. The additional funds will be used as follows: provide alternate source of water for flushing the raw water mains, $22,862; accelerate construction by modifying the well construction and testing sequence, $34,392; improve reliability of remote monitoring and control of new wells by adding a counter-rotating ring system to the existing fiber optic communication system, $13,333; and provide a security guard during vulnerable stages of construction, $4,293. The remaining $23,320 will be maintained as a project reserve account for intergovernmental transfers and contingency. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $98,200 from Immokalee Road East 36-inch Water Main, Project 70093 to North Wellfield Improvements, Project 70075. Source of funds is Water Impact Fees (Fund 411 ). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve the necessary budget amendment. JAN ~ 8 2003 Executive Summary Approve Funding Related to North Wellfield Improvements Page 2 Karl W. Boyer, P.E., ngineering Principal Project Manager Stephen ~ Carmel',E/Purchasing Director / /7 . REVIEWEDBY: ~ ~'7/? ¢~'~~ Date: Roy B~ A~erson, P.E., Utilities Engineehng Director APPROVED B~~ ~ Date:/~~~ P.E., Public ~lities ~~:De~ny, Administrator JAN 2 8 2(103 PG, ~ EXECUTIVE SUMMARY APPROVE AND EXECUTE DOCUMENTS NECESSARY FOR THE CONVEYANCE TO FLORIDA GOVERNMENTAL UTILITY AUTHORITY OF WATER UTILITY FACILITIES LOCATED AT THE GOLDEN GATE COMMUNITY CENTER ANNEX, AT A COST NOT TO EXCEED $95.00. OB~]~ECTIVE: Secure approval to the following outlined transaction and execution, when received and approved by the County Attorney's Office and the Parks and Recreation Department, of various documents relative to the conveyance to Florida Governmental Utility Authority (FGUA) of water utility facilities constructed by the County at the Golden Gate Community Center Annex. CONSIDERATIONS: On September 24, 2002, approval was given by the Board of County Commissioners to proceed with the design and construction of the Golden Gate Community Center Annex (Annex). The facilities to be constructed are located northerly of and adjacent to the Golden Gate Community Center and will consist of a sports complex/band shell building together with a bicycle track, skate park, play areas and open grounds. Florida Governmental Utility Authority (FGUA) is the water utility service provider in the Golden Gate City area and will be providing water utility service to the Annex. As a condition to providing this service, the potable water line facilities constructed by the County and running from the Annex to a connection point with FGUA are to be conveyed to FGUA. It is also necessary for the County to grant FGUA an easement encompassing the water line for operation and maintenance purposes, and to enter into a Water Utility Infrastructure Conveyance and Service Agreement. FISCAL IMPACT: The only cost associated with this transaction is recording o£ the documents and should not exceed $95.00. These expenses are to be allocated from the Naples and Urban Collier County Community Parks Impact Fee Trust Account Fund (368), Golden Gate Community Center Annex. The County will also be responsible for monthly water charges. GROWTH MANAGEMENT IMPACT: The conveyance of these utility facilities and the grant of the easement are consistent with the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners: Approve the Owner's Affidavit, Deed/Bill of Sale, Utility Easement, and Water Utility Infrastructure Conveyance and Service Agreement once they have been received and approved by the County Attorney's Office and the Parks and Recreation Department; and 2. Convey a Utility Easement and title to the water utility facilities to FGUA once said facilities have been constructed and the documents have been so approved; and JAN 2 8 2003 EXECUTIVE SUMMARY Conveyance to FGUA Page 2 Authorize its Chairman to execute any and all documents related to this project; and Authorize staff to proceed with the transaction, when so approved, and record with the Clerk of Courts the Deed/Bill of Sale, Utility Easement, and Water Utility Infrastructure Conveyance and Service Agreement in the Public Records of Collier County, Florida. BY: Hans ~uss~l, Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department Ton~TA. Mott, Supervisor ~ Property Acquisition & Construction Management Facilities Management Department REVIEWEDBY:?~~0~~ ~- ~ DATE: Charles E. Carrington, :~r., SR/WA, Manager Property Acquisition & Construction Management Facilities Management Department Dan Rod~'iguez, Interil~,~e~{6'~ Facilities Management'Department REVIEWED BY: REVIEWED BY: {~~ Antonio Ruberto,'CSl, Project Manager Parks & Recreation Department DATE: DATE: APPROVED BY: Johq~ punnuck, Administrator Publl~ Services Division DATE: /t / JAN 2 8 P,a, ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONVEY EASEMENTS TO FLORIDA POWER & LIGHT COMPANY AND SPRINT- FLORIDA, INC., THE TOTAL COST OF WHICH WILL NOT EXCEED $30.00. OBJECTIVE: To grant utility easements to Florida Power & Light Company and Sprint- Florida, Inc., in connection with the Golden Gate Community Center Annex. CONSIDERATIONS: On September 24, 2002, approval was given by the Board of County Commissioners to proceed with the design and construction of the Golden Gate Community Center Annex (Annex). The facilities to be constructed are located northerly of and adjacent to the Golden Gate Community Center and will consist of a sports complex/band shell building together with a bicycle track, skate park, play areas and open grounds. Florida Power & Light Company (FPL) will be providing electric utility service to the Annex, and it will be necessary for the County to grant an easement to FPL near the Sunshine Boulevard and Lucerne Road intersection for their cables and associated equipment. Sprint-Florida, Inc. (Sprint) is the telephone communication service provider in the Golden Gate area. Sprint's underground transmission facilities are currently in place along the west side of Sunshine Boulevard and along the north side of Lucerne Road upon the Annex property, and St)rint requires the grant of an easement to continue to maintain their facilities in light of the v&cation and abandonment of the former public right of way of Lucerne Road at this location. This is an alternative to having Sprint relocate their facilities at County expense. This recommendation and the easement documents have been reviewed and approved by the Parks & Recreation Department and the County Attorney's Office. FISCAL IMPACT: The only cost associated with this transaction is recording of the documents and should not exceed $30.00. These expenses are to be allocated from the Naples and Urban Collier County Community Parks Impact Fee Trust Account Fund (368), Golden Gate Community Center Annex. The County will also be responsible for monthly utility charges. GROWTH MANAGEMENT IMPACT: The granting of these utility easements is consistent with the Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners: JAN 2 8 EXECUTIVE SUMMARY Easements to FPL and Sprint Page 2 1. Convey a Utility Easement to Florida Power & Light Company and a Grant of Utility Easement to Sprint-Florida, Inc.; and 2. Authorize its Chairman to execute the Easement and Grant of Utility Easement; and 3. Authorize staff to record with the Clerk of Courts the Easement and Grant of Utility Easement in the Public Records of Collier County, Florida. PREPARED BY: ~ DATE: Hans Russell, Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED ~Y: '~, ~.. ~ -..[~ DATE: Ton[h,. Mott,'ShPervisor Property Acquisition & Construction Management FactQities Management Department Charles E. Carrington, Jr., SIVA, Manager Property Acquisition & Constr~ctio~n Management  Management Dep~rtm~ ~VIE~D BY: Dan R~ri~ez, int;~~o DATE: Facilities Manage~nt Department '~Antonio Ruberto, CSI, Project Manager Parks & Recreation Department ~,~lh4 cDsUenrnjcC kes' DAidv~s .~ on instrat°r DATE: DATE: t Work Order No. 8936-~0-547 Sec.22, Twl3 49 S, Rge26 E arcel I.D. ;¢ ,Maintained by County Appraiser) Form 3722 (Stocked) Rev. 2J92 EASEMENT This Instrument Prepared J.W. WHITE FLORIDA POWER & LIGHT COMPANY ~.105 SW 15 AV Naples. FL 34116 v ble consideral~on the adecuac/and receipt of which is herel2y · °. · f $1 00 and other good and alua ' i ns an easement forever for the · ~ consicleraOon of the payment o . · ' ' ensees a ents successors, an(3 ass g , - The undersigned, n . ' Power & ugnt Company, its ~c ,. 9 "' ' ' u in Wtres poles, guys, caDtes, condu~ts and ~cn,.~edoed ar'ant and gwe to Ftonda ...... .~ ,,..,~o.nround elecmc utility fac~ld~es (tnci. d g ........ ~..- voltage as well as the .... :'-"~---~- '-'-=~- ~,-,~ -,~intenanca pT ovemeau ..~u .~, .,_,._%.~., ,~, r~-nn_~tn]ct_ reprove add to enlarge, c. na,~j~ -,~ = ' ' cons~ucaon, p~, ,,,~.' . m Ume to Ume, Nm u,~ u ' · ' as follows' =nnHPIt~rtarlt e~uloment) to be ~nsl~led fro.. · .......... ent 10 feet ~n w~dth descnbecl - ;~z.~-~)~-~-d m-n~o~e such facilities or any of mere w~m,n an ~,=o An FPL ComoanY easement mom particularly desCnbect on Exinibit A attacined hereto and made a part hereof. Said easement preCared by George W. HaOcney of Agnoli,Barber & Brundage. · · erson firm or cor0ora~ion to attach wires to any facilities hereunder and lay cable and conduit within the T e~er wifln the nght to ..0ermit any oth_e_r_pe~...,;;,,~,~.¢ ~ moses· the n nt of ingress and egress to said ~remises at all times: the ngnt to clear the og ....... erate me same for cornmu,,,,~-,~,,- ~.u.,- · g to easemem an(~ ~u u~ easement area which might interfere vath or fall upon the lines or systems o land and keeo it cleared of all trees, undergrowth and other oOsa'uc'Jons within the easement area: ~i~l~bbuStioOnU;tS;dn~ of the grants, to the fullest extent the undersigned has the power to grant, if'at ail. the dead. weak. leaning or da._r?j__e_ro_.u~_s_~?.es~, fur~er communications or power man=n.~,,~,, ,, ..... along, under and ac:~ss the roads, sa'eets or h~gnways adioining or through ngnts hereinal3ove granted on the land heretofore describe(3, over, pmoerty. , ~- 1N WITNESS WHEREOF, tine undersigned nas signeci and sealed this instrument on BOARD OF COUNTY COLLIER COUNTY, n.~~t Nam (wlmess' 5ign'a~% e (Withess) ~ CCMMISSI~, By: Pnnt Name: Print Address: 3301 TAMIAMI TRAIL EAST FL 34112 PrintName: Dg~C3-]T ~- RRCX'~: CT,I~RK print Address: 3301 ~.~LT.A~ ~'~J~T'L ~ NAPT,'I:'~, FL 3411 2 .. AND COUNTY OF The foregoing ins~'ument was acknowledged bef~~ ~e_ O~ and ,19~, by -' - corporation, on benatf P~sident and ~.. ~ry of ~d (dj; not) take an oath. My CommiSsion Exl~ires: ~ . Commission ~ ~ Assistant Count~ Attorne~ Ellen T. Chakell JAN 2 8 2003 SCALE: 1" = 100 A COLDF'N GATE UNIT 4. (P.8. 5, PGS, 107-116) 8LOCK 118 CENTERLIN£ OF £ASEMENT-~ N2?'40'44"W L~GAL D~.]ON OF A TEN.FOOT 79.70' ( 10~ WIDE FLO~DA PO~R AND LIGHT ~S~ENT ~-~' A ~ (10) F~T ~DE FLO~DA ~R AND ~GHT ~SEM~NT LY~G 1N ~LDEN GA~ ~IT 4 ACCO~G TO ~E P~T ~E~OF A~ A5 ~CO~SD IN P~T B~K 5 PAG~ 107 ~ROUGH 116 P~LIC EECO~S OF COLLIER CO~, FLORIDA. SAiD ~-F~T (103 ~DE ~S~ LYING 5.~ FEET ON EACH SIDE OF ~JE FOLLOW~G D~C~BED COMMENC~G AT THE CEN'rERLINE INTERSECTION OF GOLDEN GATE PARKWAY AND SUNSHINE BOULEVARD OF THE AFOREMENTIONED GOLDEN GATE UNIT 4, SAID CORNER A~SO BEING ON 'THE ARC OF A CURVE CONCAVE EASTERLY AND 'WHOSE RADIUS BEARS NORTH $9'27'20' Em, ST A DISTANCE OF 1 I00.00 FEET; THENC"~ NORTHWE. STE}U_y AND NORTHEPJ..Y ALONG THE ARC OF SAID CURYE AND ALONG THE ~'NT~RLrNE OF SAID SUNSHINE BOULEVARD THROUGH A C~"4TR. AL ANGL~_ OF 23°45'50- AN ARC DISTANCE OF 456.23 FEET; \ THENCE LE~VrNG SAJD CENTER UNE SOUTH 83o13'10- WF_,~T A DISTANCE OF 5300 ~ TO THE POINT OF BEGINNING OF THE CE~TERLINE HEREIN BEING DESC'RJBED: THENCE NORTH 2~40'44' WEST A DISTANCE OF 79.70 F~ET TO THE POINT OF TEPJelINUS OF THE CENT'EJ~LH~ HF.a~,.E[N DF. SC~BED: THE SIDE LINF~ OF SAID EASEJv[ENT ARE TO BE TPJIv[~ED OR EXTENDED TO STOP AT THE WE~'I'F_~Ly RIGHT OF WAY LiNE OF SAID SI.~NSHINE BOULEVARD GOLDEN GA TE UNIT (P.E. 5, PC;S, 107-116) BLOCK COSITAIN[NG 7~9 SQUAR~ FEET OF LAND MOP.][ OR LESS; SUBJECT TO EASEM~,~r.~ AND P. ESTRJCTIONS OF RJ[CORD; BARBER AND BRUNDAGE,...,'NC. PROFESSION..xL ~. :GINEERS, PLAI~_RS & SURVEYORS AND MAPPERS / ~iEOR~.i~ W. H,~. .~KNEY P. 5 .,~'. ~ ~,,"-...,q~,~'-~ COLLIER COUNTY PARKS ::;" OrS, C~~D e. POWER & LIGHT ~SEME _~_~ LYING IN BL~K 118. GOLDEN GATE / ~. ~ a a~ ,~ ~IT 4 COLLIER CO~, FLO~DA J~ ~ ~ -- ~ ~ ~ ............ J" / _GRANT OF UTILITY EASEMENT This indenture made and executed this day of _, 20__, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address is P.O. Box 2477, Naples,. Florida 34106, hereinatter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non-exclusive easement for the installation and maintenance of underground transmission tacilities over and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as Easement Property, together with the right of ingress and egress to and from said Easement Property at all times for said purposes. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, its successors and assigns, the general public, or any other party requiring access to any of the property over which said easement is granted. GRANTEE turther agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to any construction, installation, maintenance or repair work pe[lormed by GRANTEE, or its agents, contractors, successors or assigns. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose intended, then GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof and record in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall, upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structures, facilities or improvements from Easement Property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of GRANTEE'S installation and maintenance of facilities or use of the Easement Property. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board ol County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: , Chairman Deputy Clark ~$stst&nt Count~ Att~-~i~ Ellen T. CMd~11 JAN 2 8 2003 2$RD AVENUE SW SCALE: ,1" = 100 CURVE TABLE CURVE LENGTH RADIUS DELTA C1 28.72 1158.00 1'25'15" C2 60,3.55 1119.74 30'52'59" C3 45.81 1100.00 2'23'09" LINE TABLE LINE I LENGTH I BEARING Lll 23.41J S8S12'11'WI CENTERUNE OF' EASEMI GOLDEN (}ATE UNIT 4 BLOCK 118 o o ~5 P.O.B. P.O.B. 10.00' COLLIER COUNTY PARKS [g~;..A lO~'S~a~ e¥~ ~;Iw I o~: ~ ~ ~1 ~e ~cr ~o. ! DA . ~ ~T NO. 0' WIDE SP~T ~LEPHONE ~SEMENT I~~ I ~ er: ~ LY~G ~ "L~K ] 18, GOLD~ GA~4 I~ ~ ~ &-- ~ ------'-- ~------ ~--.~,, i~: . . iA~D~47_~21~'NO~ 2 I ~IT COLLIERCO~,FLO~DA 1~ .... ~ --~'----~"[ ' = '~ ,~or~ · I I 8347 LEGAL DESCRIPTION OF A TEN-FOOT (10') WIDE SPRINT EASEMENT A TEN (10) FOOT WIDE SPRINT TELEPHONE EASEMENT LYING IN BLOCK 118, GOLDEN GATE UNIT 4 ACOKDING TO THE PLAT THERE OF AND AS RECORDED IN PLAT BOOK 5 PAGES 107 THROUGH 116 PUBLIC KECOKDS OF COLLIER COUNTY, FLORIDA. SAID TEN-FOOT (10') WIDE EASEMENT LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTEKLINES: COIvlA4ENCING AT THE CENTERLINE INTERSECTION OF SUNSHINE BOULEVARD AND LUCERNE ROAD OF THE AFOREMENTIONED GOLDEN GATE UNIT 4, SAID CORNER ALSO BEING ON THE ARC OF A CURVE CONCAVE EASTERLY AND WHOSE RADIUS BEARS NORTH 86Q12'09'' EAST A DISTANCE OF 1100.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE CENTERLINE OF SAID SUNSHINE BOULEVARD THROUGH A CENTRAL ANGLE OF 2023'09'' AN ARC DISTANCE OF 45.81 FEET; THENCE LEAVING SAID CENTER LINE SOUTH 88°35'19" WEST A DISTANCE OF 53.00 FEET TO P.O.B. "A, AND THE POINT OF BEGINNING OF THE CENTERLINE HEREIN BEING DESCRIBED,; THENCE SOUTH 86°12'11" WEST A DISTANCE OF 23.41 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A KADIUS OF I 119.74 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°52'59" AN ARC DISTANCE OF 603.55 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT PORTION OF LUCERNE ROAD NOT VACATED AND TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED; THE SIDE LINES OF SAID EASEMENT ARE TO BE TKiMMED OR EXTENDED TO STOP AT THE NORTHEASTERLY LINE OF THAT PORTION OF LUCERNE ROAD NOT VACATED, AND TRIMMED OR EXTENDED TO THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT OF WAY LINE OF SAID SUNSHINE BOULEVAKD CONTAINING 6270 SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; THENCE COMMENCING AT THE CENTERLINE INTERSECTION OF SUNSHINE BOULEVARD AND LUCERNE ROAD OF THE AFOREMENTIONED GOLDEN GATE UNIT 4, SAID CORNER ALSO BEING ON THE ARC OF A CURVE CONCAVE EASTERLY AND WHOSE RADIUS BEARS NORTH 86° 12'09" EAST A DISTANCE OF 1100.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE CENTERLINE OF SAID SUNSHINE BOULEVARD THROUGH A CENTRAL ANGLE OF 2°23'09'' AN ARC DISTANCE OF 45.81 FEET; THENCE LEAVING SAID CENTER LINE SOUTH 88°35'19" WEST A DISTANCE OF 58.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND WHOSE KADIUS BEARS NORTH 88°34'41'' EAST A DISTANCE OF 1158.00 FEET, SAID POINT BEING P.OB. "B" AND THE POINT OF BEGINNING OF THE CENTERLINE HEREIN BEING DESCRIBED; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1o25,15" AN ARC DISTANCE OF 28.72 FEET; THENCE NORTH 00°00'00'' WEST A DISTANCE OF 316.98 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE TWENTY THIRD AVENUE SOUTHWEST AND TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN DESCRIBED; THE SIDE LINES OF SAID EASEMENT ARE TO BE TRIMMED OR EXTENDED TO STOP AT THE SOUTHERLY RIGHT OF WAY LINE OF THE TWENTY THIRD AVENUE SOUTHWEST. CONTAINING 6697 SQUARE FEET OF LAND MORE OR LESS; SUBIECT TO EASEMENrrS AND RESTRICTIONS OF RECORD; AC~NOLi, BARBER AND BRU~qDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS · ,~ ,. .///. BY~y P.S.M. 5606 ' COUNTY PARKS A 10' WIDE SPRINT TELEPHONE EASEMENT i IN BLOCK I 1 $, GOLDEN GATE · 4 COLLIER ~ FLORIDA 8347 SD2 EXECUTIVE SUMMARY APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE: To obtain the Board of County Commissioners approval and authorize the chairman to execute the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. CONSIDERATIONS: Collier County Emergency Medical Services is currently operating under a Certificate of Public Convenience and Necessity. Collier County Ordinance 81-75 requires that Collier County Emergency Medical Services renew its original Certificate of Public Convenience and Necessity annually. In addition, renewals are based on the same standards as the granting of the original certificate. Therefore, the requirements for Board of County Commissioners approval in granting certificates, as set forth in the Collier County Code of Laws and Ordinances 50-80 are provided and are specifically addressed in the attached memorandum. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County COmmissioners approve the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. Jeff Pa~e, Director REVIEWED BY: Date: 1/.22_ ~..? ergenc Medical Services D~epartment ~~~_~Q/ Date: Jo/l~ DunnUck, Administrator Pt~blic Services Division Memorandum To: From: Date: Subject: James V, Mudd County Manager : , Jeff Page, Director of Operatiom~.~.. -A~n~ Emergency Medical Services Department January17,2003 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81-75, please accept the following information for renewal of this required ~ertificate: Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. Collier County Emergency Medical Services Department has a total of thirty-four vehicles. Thirty (30) of these are licensed ground transport vehicles and one medivac helicopter. There are also three (3) ALS Engines (non-transport). Nineteen (19) licensed ground transports and the medivac helicopter operate 24 hours and day, seven days a week. Three (3) li,.'.ensed ground units and three (3) ground transport (non licensed ) vehicles operate 12 hours a day, seven days a week. The remaining, eight (8), ground transport vehicles, are in reserve. (Attachment A) Emergency Services Division JAN 2 8 2003 Collier County Emergency Medical Services Department has one main office and nineteen (19) substations located throughout Collier County at the following locations: Headquarters Station gl Station #2 Station #3 Station #4 Station #5 Station #6 & 7 Station #8 Station #9 Station # 10 Station gl 1 Station # 12 Station #14 Station # 15 # City 2 Station #16 Station # 17 Station # 18 Station # 19 Station #20 3301 East Tamiami Trail 835 8th Avenue South 2375 Tower Drive 776 Vanderbilt Beach Rd. 1280 San Marco Rd. 4741 Golden Gate Pkwy. 112 South 1st Street 2065 Pine Ridge Road 11121 East Tamiami Tr. 7010 Immokalee Rd. 201 Buckner Avenue 14756 Immokalee Rd. 7227 Isle of Capri Road 977 26th Avenue North 16325 Vanderbilt Drive 4741 Golden Gate Pkwy. 175 Isle of Capri Blvd. 11121 E. Tamiami Trail 3410 Pine Ridge Road Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples, Florida Naples, Florida Naples, Florida Everglades City, Florida Naples, Florida Naples, Florida Naples, Florida Bonita Springs, Florida Naples, Florida Naples, Florida Naples, Florida Naples, Florida Collier County Emergency Medical Services Department has been certified to provide Advanced Life Support ambulance service in Collier April 6, 1981. licensed and County since Three (3) Collier County residents to act as references: Robert D. Laird 1756 Courtyard Way, 205-C Fay R. Biles 1588 Heights Court Kathryn M. Godfrey 530 18th Avenue, N.E. Naples, Florida 34112 Marco Island, Florida 34145 Naples, Florida 34120 Collier County Emergency Medical Services Department schedule of service fees (Attachment B). o January 3, 2003 memo from Assistant County Manager stating no further information required. 9. Renewal fee of $250.00 by joumal entry of an interfund transfer fi.om Fund 490-144610- 649010 to Fund 490-1 44610-36900. 10. Collier County Emergency Medical Services Department financial statement is available in Collier County's Finance Department JPP/bb Attachments Emergency Services Division No. /¢ JAN 2 8 2003 UNIT # Attachment "A" COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT PATIENT TRANSPORT VEHCILES SERIAL NUMBER YEAR/MAKE/MODEL COLOR SCHEME 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 1FV3GFBC6SL611711 1FV3GFBC4SL611710 1 FV3GFBC3SL611701 1FV3GFBCSSL611716 1995 1 FV3GFBCXTL784973 1996 1FV3GFBC8TL784972 1996 1FV3GFBC9TL599989 1996 IFV3GFBC5TL599990 1996 1FV3GFBC1TL784974 1996 1FV3GFBCXWH899824 1997 1FV3GFBC5WH899828 1997 1FV3GFBC5WH899827 1997 1FV3GFBC1T1784975 1996 1FV3GFBCZXH970415 1998 1FV3GFBC9XH970416 1998 1FV3GFBCOXH970417 1998 1FV3GFBC2XH970418 1998 1FV3GFBC3WH899826 1997 1FV3GFBC1YHF57183 2000 1FV4GFBC3YHF57184 2000 1FV3GFBCSYHF57185 2000 1FV3GFBC7YHF57186 4PICT02A51A001772 4ENDAAA88V1006770 1 FVABPBWX2HK16553 1 FV3GFBClWH899825 4PICTO2AS1A001772 1FDXW46F37ED29706 2FZAAHBW43A~9619 2FZAAHBW03AK59620 2FZAAHBW23AK59621 2FZAAHBW43AK59622 2FZAAHBW63AK59623 N911CK 1995 FREIGHTLINER- 1995 FREIGHTLINER- 1995 FREIGHTLINER- FREIGHTLINER - FREIGHTLINER - FREIGHTLINER - FREIGHTLINER - FREIGHTLINER - FREIGHTLINER - FREIGHTLINER - FL60 FL60 FL60 FL60 FL60 FL60 FL60 FL60 FL60 FL60 ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE ORANGE/WHITE STRIPE FREIGHTLINER - FL60 FREIGHTLINER - FL60 FREIGHTLINER - FL60 FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE FREIGHTLINER - FL60 ORANGE/WHITE STRIPE 2000 FREIGHTLINER - FL60 ORANGE/WHITE STRIPE 2001 PIERCE PUMPER non transport 1977 E - ONE ENGINE - non transport FREIGHTLINER- - FL60 ORANGE & WHITE STRIPE FREIGHTLINER - FL60 ORANGE & WHITE STRIPE PIERCE PUMPER - non transport FORD F450 STERLING M-6500 STERLING M-6500 STERLING M-6500 STERLING M-6500 STERLING M-6500 ORANGE & WHITE STRIPE ORANGE & WHITE STRIPE ORANGE & WHITE ORANGE & WHITE ORANGE & WHITE ORANGE & WHITE STRIPE STRIPE STRIPE STRIPE 1999 EUROCOPTER - EC135 WHITE/YELLOW BLUE WHITE STRIPE Agenc~a: no._l[ D 8 2003 JAN 2 F'9 o...._..______._ $ 6 7 8 9 i0 I1 12 13 14 15 16 ATTACHMENT "B': RESOLUTION NO. 02.7429 RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36; ADOPTING BILUNG AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as 'EMS') provides ambulance services to the residents and visitors of Collier County; and 19 WHEREAS, the Collier County EMS operating budget is funded exclusively 20 through ad valorem taxes and user fees; and 2] WHEREAS, Collier County staff analysis of the cost for ambulance services 22 requires an adjustment to the user fees lo propedy identify current costs of services to 23 the residents and visitors of Collier County; and 24 WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for 25 ambulance services may be established by Resolution of the Board of County 26 Commissioners (hereinafter sometimes referred to as 'the Board"). 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: 29 30 SECTION ONE: EMS USER FEES 31 32 BASE RATES 33 34 SERVICE LEVELS 35 CODES BASE CHARGE 36 A. EMS- BLS NON-EMERGENCY 37 B. EMS- BLS EMERGENCY 38 C. EMS-ALS 1 NON-EMERGENCY 39 D. EMS- ALS I EMERGENCY 40 E. EMS-ALS 2 EMERGENCY 41 F. EMS-SPECIALTY CARE 42 G. EMS- HELICOPTER 43 F. EMS- HELICOPTER 44 LOGISTICAL A0428 $ 300.00 A0429 $ 325.00 A0426 $ 350.00 A0427 $ 400.00 A0433 $ 550.00 A0434 $ 650.00 A0431 $ 3,407.00 A0431 $ 650.00 Agende. JAN 2 8 2003 3 MILEAGE RATES 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SERVICE LEVELS .CODES MILEAGE CHARGE A. EMS - IN COUNTY GROUND UNIT $ 7.00 (MINIMUM OF 1 MILE - CAP OF 10 MILES) B. EMS - OUT OF COUNTY GROUND UNIT $ 7.00 (MINIMUM OF 1 MILE WITH NO CAP) EMS - IN COUNTY AIR UNIT (MINIMUM OF 1 MILE - CAP OF 10 MILES) EMS - OUT OF COUNTY AIR UNIT (MINIMUM OF 1 MILE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATER $ 49.00 Co Do $ 49.00 SERVICE LEVELS RATES 24 - TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) $ 150,00 25 26 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 50,00 2'/ 28 COPIES OF DOCUMENTS/PER PAGE $ 1.00 29 (EXCLUDING GOVERNMENTAL AGENCIES) 3O 31 INTEREST ON PAST DUE ACCOUNTS 1% 32 SECTION TWO: BILLING AND COLLECTION PROCEDURE 33 The following shall be the minimum guidelines for billing and collection 34 procedures for ambulance service fees and charges: 35 A. Initial fees and charges for ambulance service(s) shall be assessed either 36 prior to or following the service provision, as service dynamics reasonably permit. 37 Unpaid fees and charges, subsequent to time of service, shall be reflected in an 38 accounts receivable subsidiary ledger system to be maintained by the EMS Department. 39 B. An initial bill for ambulance services shall be processed in the following 40 manner within thirty (30) days after service is provided. 41 1. The County will send an initial bill to the service recip,ant's or 42 responsible party's insurance carrier provided that appropriate 43 insurance information is made available to the EMS Billing Section. 44 The EMS Billing Section will accept Medicare assignment, as a 45 participating provider, and will wait no less than 45 days for payment if 46 Medicare or other insurance cerrier's are billed. If the claim is denied, 47 a bill will be sent to the service recipient or responsible party. Agenda Item NO.~ JAN 2 8 2003 Pg .~ 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are sent to the County's contracted collection agency. (excluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time lall to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance sen/ica bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners in accordance with cdteria established by the enabling Ordinance may authorize other adjustments. A. Medicare and Medicaid Adiustment,~ Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable rules and regulations. B. Victim's Compensation Contractual Adjustment~ Contractual adjustments will be made in ac, cordanca~ with applicable rules and regulations. C. Worker's Comoensati0n Contractual Adjustment~ Contractual adjustments will be made in accordance with applicable rules and regulations. D. County Em~)10yee Adiu~tment~- Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will receive an adjustment in accordance with applicable rules and regulations of Ordinance 96-36. AN28 20 P~o ~ ~ 1 2 3 4 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 E. Champus/Tricare Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations. F. Railroad Retirement Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations. G. Social Services Adjustments Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Operations Director. SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established in recognition of their charitable contributions to the Community: (1) Collier County Fair;' (2) Everglades Seafood Festival; (3) Collier County Public High School varsity football games. Fees for other community special events may be waived in accordance with criteria established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection.. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be tumed over to the County's contracted collection agency and interest will begin to accrue. Agenda ~t, % NO../~ _ JAN 2 8 2003 I::'g ! SECTION SiX: SUPERSESSION OF RESOLUTION 2001-410 2 This Resolution shall supersede Resolution No. 2001-410 4 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE 5 This Resolution shall become effective on October ,2002. 7 PASSED AND DULY ADOPTED by the Board of County Commissioners of 8 Collier county, Florida, this ~/~' day of(~)~ , 2002. 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BOARD OF COUNTY COMMISSIONERS OF COLLIER~ BY: James~~-~'airm~?-/f Approved as to form and legal sufficiency: line Hul~bard Robinson istant County Attorney Agende, JAN 2 8 2003 MEMORANDUM TO: FROM: DATE: REF: ATTACHMENT "C" James V. Mudd, County Manager John Dunnuck, Administrator Public Services Division January 17, 2003 Certificate o£ Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. Agenda Item - "0._ /(~ --% [._JAN 2 8 2003 COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT # 1 This Permit Expires January 28, 2003 Name of Service' Collier County Emergency Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 3301 East Tamiami Trail, Naples, Florida, 34112 Business Telephone: _(941) 774-8459 Emergency Telephone: 9-1-1 Description of Services Area: The 2,032 square miles encomp0s~ing Collier County Number of Ambulances on 24 hour duty: 19 ground units {ambulances) Number of Ambulances on 12 hour duty: Three (3) ground unit. Number of reserve Ambulances: Eight (8) Number of non-transport ALS engines: Three (3) Number of medivac helicopter: One (1) See attachment "A" for description of vehicles. This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this ATTEST: DWIGHT E. BROCK, CLERK day of ,2003 BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA Clerk Tom Henning, Chairman Approved as to form & legal sufficiency: No._/¢ ] O O O Z 0 Agend ~ .... NO EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE LIMITED USE BARE LICENSE AGREEMENTS FOR THE 2003 CALENDAR YEAR. OBJECTIVE: Approve a Resolution authorizing the Chairman of the Board of County Commissioners (Board) to execute Limited Use Bare License Agreements for the 2003 calendar year. CONSIDERATIONS: Over the past several years, the Board has approved Resolution Nos. 91- 307, 92-12, 93-9, 94-6, 95-34, 96-12, 96-36, 98-6, 99-55, 00-25, 01-24 and 02-40 authorizing the Chairman of the Board, for the current Chairman's tenure only, to execute specific Limited Use Bare License Agreements (Agreements) for events held on County-owned property. The Agreements requested on a regular basis for these special events are listed below. These Agreements shall be the only Agreements submitted to the Board's Chairman for execution by way of memorandum under the same terms and conditions contained in the Agreements submitted for the previous year. The property utilized for these special events include, but are not limited to, the old Marco Island Library parking area, the parking area of the Library on Orange Blossom Drive and the main campus parking area of the Government Center. All other Agreements shall be-presented to the Board for approval via an Executive Summary. The Art League of Marco Island, Inc. - Annual Art and Craft Show Supervisor of Elections of Collier County, Florida - Voter Access Cool Cruisers of Naples, Inc. - Fund Raisers St. Katherine's Greek Orthodox Church -Event Parking Naples Italian American Club, Inc. - Event Parking An Agreement represents a license for short-term use, six (6) months or less, of County-owned property for a specific purpose. An Agreement does not convey an estate in said property or create any leasehold interest whatsoever. Property Acquisition & Construction Management (PACM) prepares an average of seven (7) such Agreements per year. From the time a request for an Agreement is received by PACM until presentation to the Board of County Commissioners, the minimum time lapsed is approximately four (4) weeks. Due to this time lapse to process an Agreement, PACM is requesting that the Board authorize its Chairman to execute, during the 2003 calendar year only, the above-mentioned Agreements when submitted for execution by PACM without further Board action required. AGENDA ,o.,/~-~'-- 1..{ JAN 2 8 20031 EXECUTIVE SUMMARY Blanket Resolution for Limited Bare Use License Agreements Page 2 Each Agreement request will be reviewed and approved by the Client Department, the Risk Management Department and the County Attorney's Office before submitting to thc Chairman for execution. FISCAL IMPACT: If an Agreement stipulates that the County is to receive monetary consideration for use of the County's property, said money will be deposited into the appropriate account. GROWTH MANAGEMENT IMPACT: This request does not impact the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing the execution of Limited Use Bare License Agreements for special events on County-owned property by the Chairman of the Board, during the 2003 calendar yea;'. Michael H. Dowling, Property'M_~a_a_a~agem.e.~t Specialist Property Acquisition & Construction Management Fak, ilities Mana/g~ment Departmexnt REVIEWED BY: [ r DATE:ch~rles E. Carrington, Ji[., SR/WA, Manage Property Acquisition & Construction Management Fac~s Management Department/" / REVIEWED BY: Daniel ~Rodriguez; Interi~~or Facilities Managemeja4"Depar tment DATE: APPROVED BY~ t"Skip CairKp, Interim Adniinistrator Administrative Services Division DATE: AGEt,)DA ITEM ~ JAN 2 8 2003 1 2 3 4 RESOLUTION NO. 2003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF LIMITED USE BARE LICENSE AGREEMENTS BY THE CHAIRMAN OF THE BOARD FOR THE 2003 CALENDAR YEAR. 8 9 10 11 WHEREAS, there is a benefit to the County and to the public if the administrative procedum'es 12 concerning Limited Usc Bare License Agreements are expedited, while maintaining the safeguards of 13 staff and legal counsel review of such Agreements; and 14 15 WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for 16 Board approval on reviewed and approved Limited Use License Agreements. 17 18 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 19 COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 20 21 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of 22 County Commissioners to execute Limited Use Agreements, for those special events listed below, 23 following approval by the Real Property Management Department, the Client-Department, the Risk 24 Management Department and the County Attorney's Office. - The Ama League of Marco Island, Inc. (Art and Craft Shows) 2'7 28 - Supervisor of Elections of Collier County, Florida (Voter Access'} 29 30 - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) 31 - St. Katherine's Greek Orthodox Church, Inc. (Event Parking) - Naples ltalian'American Club, l, nc. (Event Parking) 2. The authorization of the Chairman to execute Limited Use Bare License Agreements hereunder shall extend only for the 2003 calendar year. This Resolution adopted this ~ day of , 2003, after motion, second and majority vote. 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: · Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Noo ~____~ JAN 2 8 2003 EXECUTIVE SUMMARY AWARD BID g03-3449 FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND REAL ESTATE CLOSING SERVICES OBJECTIVE: To place title companies under annual contracts for use by the offices of Transportation Engineering & Construction Management Right of Way and Property Acquisition · & Construction Management. CONSIDERATIONS: The offices of Transportation Engineering & Construction Management Right of Way and Property Acquisition & Construction Management utilize "outsourced" service providers to prepare and obtain title commitments for prospective right-of-way and other land acquisitions. The Purchasing Department invited all firms listed in the business section of the local phone directory under "Title Insurance" to submit bids for title services which might be required by Collier County during the next several years. These services include the preparation of title commitments (search and examination of title), the issuance of title policies, and the preparation of real estate instruments required to clear title and close real estate transactions. Due to the aggressive schedule requirements for upcoming right-of-way and site acquisition offices (primarily in support of aggressive Transportation and Public Utilities work programs), it was determined by staff to be in the best interests of the County to award the bid to all seven firms that responded. Those firms are: 2. 3. 4. Gulf View Title, LLC Midwest Title First Title & Abstract, Inc. Attorneys Title Insurance Fund, Inc. 5.American Government Services 6. American Acquisition Title, Inc. 7. Action Title Services .~SCAL IMPACT: None. The annual agreements are "standing" agreements governing the price and delivery of title commitments, endorsements, title insurance, and real estate closing services. When these services are required by Collier County, they are paid for from each particular capital improvement project's budget. As such, payments for title services are authorized by the Board as each capital improvement project is authorized by the Board. Please refer to the attached bid tabulation sh~ et for the fee schedule for each firm. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve the award of Bid g03-3449, Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services to the seven firms listed in this Executive Summary. ,,o./~,~ ~*'1 JAN 2 8 2003I Page 2 of 2 PREPARED BY:~ DATE: t/-/d7 Manager Transportation Engineering & Construction Management REVIEWED By..~~~ ~ , ~ , .~~, DATE: I - ] ~:~ -~'),'~ T°ni~,. M~tt, s~l~ervisor Pro ~erty Acquisition & Construction Management · F~ iliti, es Management Department REVIEWEDBY:~J ~~.'~ ~-A-J.L'~'~/L- :~ DATE: I-'~'~(3'~ ~l aries E. Carrington, Jr.,)~~, Manager Property Acquisition & Construcflion Management Fac ilities M~~ ~pa~' eat REVIEWED BY: ~*.~_~//~'- _~/~-~_~<~-~' DATE: Dan Rodriguez, Interi~f:D~ctor Facilities Management Department Gregg Strakaluse, P.E., Director Transportation Engineering & Construction Management APPROVED BY: ~ DATE: _/.~t¢//.~ p ), CFM, Interim-Administrator Admi ' rative Services Division APPROVED BY: ¢~~ DATE: //~3 Norman Federl AICP, Administrator / Trrportation Division AG£ I~,OA I'TE~j Ho.f~'---~'-- ~ JAN 2 8 2003 EXECUTIVE SUMMARY APPROVAL OF FLORIDA ASSOCIATION OF COUNTIES (FAC) $7,927 SPECIAL ASSESSMENT FOR LOBBYING SERVICES RELATED TO THE IMPLEMENTATION OF (ARTICLE V/REVISION 7) STATE COURT FUNDING OBJECTIVE: Board approval of supplemental funding requested by the Florida Association of Counties (FAC) to ensure that Article V/Revision 7 is implemented in the manner intended by its framers. CONSIDERATION: FAC requested a voluntary special assessment from all 67 Florida Counties to fund lobbying efforts associated with Article V/Revision 7 implementation. Money will be used for unified lobbying efforts prior to and during the 2003 and 2004 Legislative Sessions. There is a growing concern that this amendment will be funded with general revenues (sales tax, revenue sharing) accruing to Florida counties. On September 10, 2002 (agenda item 9L) the Board of County Commissioners addressed the FAC request for the voluntary special assessment. The Board's policy direction to staff was to find the $8,000 and put the funds aside in the budget pending a final determination of Collier County's participation. (Minutes from the September 10, 2002 Board discussion are attached as a reference). FAC has requested payment of the voluntary special assessment. Collier County's assessment amounts to $7,927. A summary of County participation is summarized below: Counties approving the special assessment request - 60 Counties denying the special assessment request - 3 Counties undecided (includes Collier County) - 4 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: There was $8,000 specifically budgeted for the Article V special assessment in the Board of County Commissioners FY 03 operating budget. The actual cost of the special assessment is $7,927. RECOMMENDATION: That the Board of County Commissic,ners approve payment of the voluntary special assessment to the Florida Association of Counties lobbying activities associated with (Article V) State Court funding. Submitted By: /d4~f~-Date: /'---.2./-O.~ Michael Smykowski, OMB Director Approved By: James V. Mudd, County Manager Date: GEND,- ITEM No. JAN 2 8 2003 September 10, 2002 FLORIDA ASSOCIATION OF COUNTIES REQUEST FOR A SPEC[AL ASSESSMENT FOR ARTICLE V - DISCUSSED CHAIRMAN COLETTA: In the added item, FAC's request for special assessment, Jim Carter. COMMISSIONER CARTER: Article Five passed 1998 with 'the challenge to -- or a direction to the State legislature, I believe, by 2003/4 that they had to come up with a new way to fund the court system in the State of Florida. Whereas, on the surface that sounded excellent, as this progresses you will find that it is full of land mines in Collier County, as a medium-sized County in this state may end up in a negative position. Currently, the Clerk of Courts returns to us approximately $2,000,000 a year. Depending on how the legislation goes that could go away and we may end up paying more as a donor County to subsidize smaller counties and the very large court system Dade/Broward, et cetera, will probably win in this because they will find their court costs decreased. FAC took a position to support this in 1998. State legislatures were furious with it. I think probably term limits has taken its toll on some of the fury, but until we know what the FAC legislative subcommittees and the meeting, which I now understand will be held in Destin, December 2 & 3, I think is pretty close in that, I would advise today and we won't know. So they're requesting an assessment -- volunteer assessment by each county to come up with $8,000. I would recommend to this Board that we not be quick to make that donation until we get the lay of the land. Page 179 September 10, 2002 I would recommend that the Board be at that FAC session in Destin. And I also understand Staff would be at the subcommittee meetings 8, 9 and -- is that Tallahassee or Orlando, Leo? MR. OCHS: It's Orlando, sir. COMMISSIONER CARTER: And we move in that direction. I've had a conversation with the Clerk about this and none of us know for sure where this is all going to go, but I plan to be at this point in Destin when FAC begins to work this process and whoever represents the Board will be there along with County Administration. So that's the reason I'm bringing it up. You may choose to do whatever you like as a Board. I am just suggesting that you hold off. You may reserve it, because County Manager, Jim Mudd, has got to find it, you may well decide that FAC is going into a positive direction where we want to be in this, but if you choose not to go in that direction, you don't want to fund something that is going to come back and bite you. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: I don't think there's anybody on this Board that is more in tune with what's happening with the Florida Association of Counties then Commissioner Carter. And if he suggests that we put this aside until we know more about this procedure, I would have to go with that. CHAIRMAN COLETTA: I think we have one speaker. MS. FILSON: No, sir, no speakers. CHAIRMAN COLETTA: I'm sorry, Senator Saunders, did you wish to speak on this matter? Would you please? We appreciate you coming in here and your input is very much welcome. SENATOR SAUNDERS: I guess, Mr. Chairman, and members, I guess the caution is that the Florida legislature, as I was saying to the Assistant County Attorney, the Florida legislature has two hands. Page 180 '~ ~ 3 September 10, 2002 In essence, one with which money is given and one with which money is taken away. COMMISSIONER COYLE: That's the bigger hand. SENATOR SAUNDERS: That on this one is probably going to be the bigger hand, so I would encourage you as Commissioner Carter has to kind of watch this issue because we're going to have ,some tight budgets. And the Florida Associations of Counties is going to need to really look out for making sure that we don't take back from the County as much as you're going to be getting with this constitutional amendment. COMMISSIONER FIALA: Boy, I'm glad you brought this up to, us Commissioner Caner. COMMISSIONER CARTER: I have tracked this for a long time. The Clerk of Courts has tracked this for a long time. County Administration is well aware of what's going on. I'm not saying -o I think you should reserve the money, but I wouldn't make the donation until we make sure whether or not it's going to work in our favor. And if it's going in a direction that we don't like, we would be better off to spend those dollars lobbying our legislatures to protect our Interacts. COMMISSIONER HENNING: I concur with that direction. CHAIRMAN COLETTA: I don't think we have to make a motion on this. Yes, we would. Are we going to put the money -- MR. MUDD: Commissioner, what I'll do, based on your direction, I will go find the $8,000 and put it aside in the budget. You'll see it on the 18th of September as an item and then we'll wait on payment, depending on some outcome, and see which way they're leaning. Page 181 JAN 2 8 2003 EXECUTIVE SUMMARY ADOPTION OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS REGARDING REIMBURSEMENT OF CERTAIN COSTS RELATING TO THE ACQUISITION AND CONSTRUCTION OF VARIOUS TRANSPORTATION RELATED CAPITAL IMPROVEMENT PROJECTS. OBJECTIVE: To have the Board of County Commissioners adopt a Resolution authorizing the reimbursement of certain costs related to transportation capital improvements. CONSIDERATIONS: The Board of County Commissioners has approved several transportation related capital projects that are to be financed with tax-exempt bond proceeds. It is anticipated that the County will incur costs related to these projects prior to the issuance of bonds. As promulgated by the United State Department of Treasury, reimbursement of governmental costs through the issuance of tax- exempt debt is limited to those costs incurred no more than sixty days prior to the adoption of a Reimbursement Resolution. This Resolution will allow the Board to reimburse certain costs incurred prior to the issuance of bonds with bond proceeds. It is important to note that the first in a series of bond issues related to the transportation plan is expected in mid-March. FISCAL IMPACT: Not known at this time. Cost incurred will be reimbursed with bond proceeds. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this issue. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution regarding reimbursement of certain costs relating to the acquisition and construction of various transportation related improvement projects. Prepared By: Reviewed By: J~{-fles L. Mitcl~el], CIA, CFE, CBA Director of Finance and Accounting Michael Smykowski Director of the Office of Budget and Management Date: Date: /- 2 t- 0_3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REGARDING REIMBURSEMENT OF CERTAIN COSTS RELATING TO THE ACQUISITION AND CONSTRUCTION OF VARIOUS COUNTY TRANSPORTATION-RELATED CAPITAL IMPROVEMENT PROJECTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, Florida (the "County") has incurred and/or will incur various costs in relation to the acquisition and construction of various transportation-related capital improvements; and WHEREAS, the County has determined it is in its best interest to reimburse such costs from proceeds of tax-exempt debt; and WHEREAS, the United States Department of Treasury has issued various regulations in regard to reimbursement of governmental costs through the issuance of tax-exempt debt; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. It is the intent of the County to reimburse various costs and expenditures relating to the acquisition and construction of various transportation-related capital improvements. A list of certain of such capital improvements is attached as Exhibit A. The County has paid for, and/or reasonably anticipates that it will pay for, such costs and expenditures from moneys on deposit in the road transportation gas tax fund of the County. It is reasonably expected that reimbursement of such costs and expenditures shall come from the issuance of tax-exempt debt which is not expected to exceed $150,000,000 aggregate principal amount. It is currently the intention of the County to principally secure such tax- exempt debt by a pledge of and lien upon the various fuel taxes received by the Cou aty. The expenditures to be reimbursed shall be consistent with the County's budgetary and financial policy as being the type of expenditures which shall be paid on a long-term basis. making this Resolution available for public inspection. SECTION 2. The County shall comply with all applicable law in regard to the public availability of records of official acts by public entities such as the County, including AGE.;',:."-' ; Nc,.~ SECTION 3. It is the intent of the County that the purpose of this Resolution is to meet the requirements of Treasury Regulations Section 1.150-2 and to be a declaration of official intent under such Section. SECTION 4. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED, in Regular Session, this 28th day of January, 2003. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: Tom Henning, Chairman Clerk Approved as to Form and Legal Sufficiency: County Attorney EXHIBIT A List of Capital Improvements Collier Blvd (Davis to US41) Goodlette Frk (PRR-GGPKWY) 13th Street Bridge Minor Tumlane Immokalee Rd, CR951/43rd Ave NE Immk Master Mitg. Coconut Creek Estates GG PKWY, 6 lane Airport/Santa Bar East/West Livingston Rd, US41/Livingston CR92A Replace Pipe Whippoorwill Lane Ph I Livingston Rd, GGP/PRR County Barn Road CR 850 Corkscrew Rd Bod Culvert Planning Consultants Pine Ridge Road Marco Island Projects Goodlette Rd, 4 lane PRR/Vanderbilt Imm Rd/Oil Well to SR29 Logan Blvd PRR-Immk Livingston RdExtension VBR (Collier-Wilson Blvd Rattlesnake Polly to CR951 Advanced ROW Traffic Signals Major Reconstmction£Resurfacing Airport Rd Median Master Mifgation Transit Enhancements Pine Ridge Rd Logan-Collier Wilson Blvd -Immk-GGB Golden Gate Blvd Wilson-Everglades North 11 th Street Airport Rd-CR 896 to Vanderbilt Livingston Rd, PPR/Imm (CR 862 to CR 896) Santa Barbara, 6 lane Davis/PRR GG Blvd, 4 lane CR951/Wilson Blvd Vanderbilt Bch, 4 lane Airport/CR951 Radio Rd, 4 lane Santa Bar/SR84 Radio Rd, 6 lanmg, Airport/Livingston Radio Rd, 6 lanmg, Livingston/Santa Barbara NN MSTU Rd (Livingston Rd, Imm - Lee Co line) CR951, 4 lane GGB/Imm Rd Vanderbilt Beach Rd Immokalee Rd, 6 lane US41/1-75 Turnlane Bridge Structure Golden Gate Pk~y, 6 lane Goodlette/CR31 13 Street Improvements Immokalee Rd 75-CR951 Airport Rd/Enterprise Ave Inter. Impr. CR951 Monitoring Collier Blvd Davis S to US41 Collector/Minor Arterial Rds Santa BB Davis-Rattlesnake Goodlette Frk VBR - Immk Vanderbilt Drive Wigg-BBR Green Blvd Ext Liv-SBB Collier Blvd GBB-Green Green Blvd Sunshine - SBB Davis Intersection Plg-~-~ COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolmion No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fi'atemal, business, enviromental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendanc~ at the following function / event: Function / Event: Economic Development Council Installation of Officers & Outstanding Volunteer Award Dinner Public Purpose: Support program and interact with award recipients and constituents Date of Function / Event: February 19, 2003 Amount to be paid by the County: $85.00 Pg. Date: 1/16103 Time: 10:24:06 PM Page 2 of? From: EDC (239)263-6021 To: Halas ECONOMIC DEVEi..O~gt, ENT COUI,4CIL OF COLUER COUNTY NIARK YOUR CALENDAR!!! ~RG~a, DES CTI'Y - CK~DEN GATE EDC Board of Directors Installation of Officers & Outstanding Volunteer Award Dinner February 19, 2003 6:30 p.m. - Reception a 7:30 p.m. -- Dinner & Program $85 per person ° $900 - Table Sponsor (10 guests) LaPlaya Beach' Resort The EDC hosts the business community for an evening of dinner, awards and networking. The event brings together top executives and community leaders in celebration of the many accomplishments of our Board of Directors & EDC membership, and announces the incoming Board for the new fiscal year. Also announced is the "Outstanding Volunteer of the Year" award recipient, which is the highest accolade bestowed by the EDC to its member volunteers. Complete this form and return by Friday, February 14 to: Mail: Economic Development Council of Collier County Fax: E-mail: On-line: 3050 N. Horseshoe Drive, #120, Naples, FL 34104 (239) 263-6021 Phone: (239) 263-8989 events~elXlaplesFlorida.c°m www .eNaplesFlorida.com Name(s) of Attendees: Commissioner Frank Halas Company Name: Phone Number: Method of Payment: ,~, mount: $ 85.00 Collier County 774-8097 l~Check [~] CreClit Card (Visa or MC) ($85 per attendee · $900 Table Sponsor) Account Number: Expiration Date: Signature: COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Lake Trafford's Bright Future Event Public Purpose: Support program and interact with constituents Date of Function / Event: January 24, 2003 Amount to be paid by the County: $25.00 AG~ND, A~ .ITFM JAN 28 003 pg._ \ _ Reserve ),our space & ' Show your grassroots , support fpr Lake Trafford s! rt f.o ~: ~ bright future! suppo r Lake Trafford's bn re! ~is special evemng inclu~n~nment ~d abon fire. Ad.ess will ~so be d silent auction. Join ~ on Friday, January 24 · Pre-dinner social, 5 p.m. · Dinner, 7 p.m. Dinner tickets are $25 per person (includes dinner and two drinks). Dinner will feature authentic Florida specialities. Proceeds go toward the Lake Trafford Restoration Fund. Share in the experience to repair ,.,_our environmental resources ,.V.P. Return the enclosed reply card'to make reservations. Your name will be placed on a guest list. Tickets will not be mailed. Please park at Lake Traffford Marina. 6001 Lake Trafford Road. lmmokalee. Regretfully, handicapped facilities are not available. For further details, call (941) 403-4220. Home Phone Work Phone "~ "1 t.~ _.~'t~, q -'I Number of tickets: ! __ x $25 = Cost: 0 5' C C" Please make check payable to Lake Trafford Restoration Fund Reservations will be made under the name of the person hsted above unless you indicate otherwise here. 1 am not able to attend but wish to make a contribution of $ -~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 28, 2003 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 December 14, 2002 through December 20, 2002. 2. Disbursements for December 30, 2002 through January 3, 2003 B. Districts: Cedar Hammock Community Development Agency - Minutes of August 12, 2002; Final Operations Budget FY 2003; Unaudited Financial Report Dated July 31, 2002 and Schedule of Regular Meetings FY 2003. 'Port of the Islands Community Development District - Minutes of November 15, 2002; Minutes of October 18, 2002; and Unaudited Financial Report Dated October 18, 2002. Key Marco Community Development District - Minutes of November 7, 2002. Minutes: 1. Productivity Committee Advisory Board - Minutes of November 20, 2002. 2. Collier County Planning Commission - Agenda for December 19, 2002, Minutes of November 21, 2002; Agenda for January 2, 2003, Minutes of December 5, 2002, Agenda for December 5, 2002; Minutes of November 7, 2002. 3. Citizens Advisory Task Force - Advisory Recommendations; Agenda for December 12} 2002; Minutes of of December 12, 2002; Agenda for September 12, 2002, Minutes of September 12, 2002. CC CDBG Citizens Advisory Task Force - Agenda for May 9, 2002, Minutes of May 9, 2002. 4. Parks and Recreation Advisory Board - Agenda for December 18, 2002, Minutes of November 20, 2002. -. '-"~:'-~, ~' ' ..... t JAN [ 2003 H:Data/Format 10. 11. 12. 13. 14. 15. 16. 17. Affordiable Housing Commission Advisory Committee - Minutes for January 17, 2001, January 18, 2002, Agenda for Feb. 6, 2001, Feb. 15, 2001, March 15, 2001, Minutes for March 15, 2001, Agenda for April 5, 2001, April 19, 2001, May 9, 2001, October 18, 2001, Minutes of October 18, 2001, Agenda for November 15, 2001, Minutes of November 15, 2001, Minutes of Dec. 13, 2001, December 20, 2001, Agenda for January 17, 2002, Minutes of Jan. 17, 2002; Agenda for February 21, 2002, Minutes of Feb. 15, 2002; Minutes of March 21, 2002, April 18, 2002, Agenda for May 9, 2002, Agenda for September 19, 2002, Minutes of September 19, 2002; Agenda for October 17, 2002, Minutes of October 17, 2002. Collier County Airport Authority - Minutes of November 18, 2002; Agenda for December 9, 2002; Minutes of October 14, 2002. Citizens Corps Advisory Committee - Agenda for November 21, 2002. Community Character Smart Growth Advisory Committee - Agenda for November 14, 200; Minutes of November 14, 2002; Agena and Minutes of October 15, 2002. Historical & Archaeological Preservation Board - Agenda for December 18, 2002; Minutes of November 20, 2002. Immokalee Enterprise Zone Development Agency Board - Minutes of September 26, 2002. Development Services Advisory Committee - Agenda for January 8, 2003; Minutes of December 4, 2002. Health and Human Services Advisory Committee - Agenda for October 17, 2002; Minutes of October 17, 2002. Isles of Capri Fire/Rescue Advisory Board - Minutes of December 5, 2002. Collier County Library Advisory Board - Agenda for December 18, 2002; Minutes of October 23, 2002. Lake Trafford Restoration Task Force Meeting - M.inutes of November 22, 2002 and January 8, 2003. Workforce Housing Advisory Committee - Minutes of October 28, 2002; Minutes of November 4, 2002 Lely Golf Estates Beautification Advisory Committee - Agenda for November 21, 2002; Minutes of October 17, 2002. JAN g H:Data/Format c,~ Do 18. Parks and Recreation Advisory Board - Agenda for November 20, 2002; Minutes of October 9, 2002. 19. Collier County Hispanic Affairs Advisory Board - Notice of Meeting Agenda - November 20, 2002. 20. Pelican Bay Advisory Board - Agenda for December 4, 2002. 21. Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for January 15, 2003; Minutes of November 20, 2002. 22. Forest Lakes Roadway & Drainage M.S.T.U. - Advisory Committee - Minutes of November 22, 2002; Minutes of December 13, 2002. 23. Radio Road Beautification M.S.T.U. - Advisory Committee - Minutes of November 19, 2002; Agenda for December 17, 2002. 24. Bayshore Gateway Triangle Local Redevelopment Advisory Board - Agenda for December 11, 2002. 25. Productivity Committee Meeting Minutes of October 16, 2002. 26. Golden Gate Beautification Advisory Committee - Agenda December 10, · 2002; Minutes of November 12, 2002. 27. Environmental Advisory Council - Agenda for December 4, 2002; Minutes of October 16, 2002, January 8, 2003, Minutes of December 4, 2002. 28. Hearing Examiner Committee - Minutes of April 17, April 24, 2002, May 15, 2002, June 26, 2002; August 26, 2002. 29. Minutes from a workshop on April 12, 2001. 30. Bayshore Beautification M.S.T.U.- Agenda for January 8, 2003; Minutes of December 11, 2002. 31. Vanderbilt Beach M.S.T.U. - Agenda for January 9, 2003; Minutes of December 5, 2002 Other: 1) Friends of the Library Group Annual Reports submitted by John Dunnuck, Public Services Administrator. H:Data/Format JAN 2 f, 20113 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTH NAPLES UNITED METHODIST CHURCH, INC., ET AL., CASE NO. 02-1742-CA (GOODLETTE-FRANK ROAD PROJECT (PINE RIDGE TO VANDERBILT BEACH ROAD), PROJECT #60134). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 128 for the Goodlette-Frank Road project (Pine Ridge to Vanderbilt Beach Road) in the lawsuit styled Collier County v. North Naples United Methodist Church, Inc., et al., Case No. 02-1742-CA. CONSIDERATIONS: On September 5, 2002 an Order of Taking was entered in Collier County Circuit Court regarding fee simple acquisitions for the Goodlette-Frank Road project (Project No. 60134). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $21,250 for Parcel 128 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97). The terms of the settlement agreement are set out in the attached Stipulated Final Judgment. The Stipulated Final Judgment provides for $26,000 to be paid to the Respondent First Baptist Church of Naples as full compensation for the property rights taken as to Parcel 128, and attorney's fees in the amount of $1,567.00. There are no appraisal fees or other costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $6,317.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. c~X~FISCAL IMPACT: Funds in the amount of $6,317.00 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $6,317.00 into the Registry of l JAN 2 8 2003 j I SUBMITTED BY: REVIEWED BY: Assistant County Attorney Ke~~in~ndricks ROW Acquisitions Manager Transportation/ROW Date: Date: REVIEWED BY: REVIEWED BY: APPROVED BY: t..~ '~/ ~ Date: Gregg Strakaluse, Direc o'~I67~ Transportation/ECM Date: N0r~Feder, Administrator Trlsportation Division ~~ ~~3,.e ~a~e. David C. Weigel, C~unty ~om y Pg. .2_~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CO!I~IER COUNTY, FLOR[DA, a political subdivision of the State of Florida, Petitioner. Case No.: 02-1742-CA Parcel No.: 128 NORTH NAPLES UNITED METHODIST ca -< i~¢ CHURCH, INC., et al.. ~ ~ G Respondents. .--- _,o, ~. '7. ...'-7~' iT-. / ~ STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. FLORIDA, by ahd through its undersigned counsel, and Respondent, FIRST BAPTIST CHURCH OF NAPLES, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 128, and it appearing to the Court that the parties are authorized to make such Motion. the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, 'FIRST BAPTIST CHURCH OF NAPLES, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, FIRST BAPTIST CHI ~RCH OF NAPLES. INC., have and r~over from Petitioner, COLLIER cOUNTY, FLORDA, the sum of TWENTY- SIX THOUSAND AND No/100 DOLLARS {$26,000.00) for Parcel No. 128 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire $ property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, FIRST BAPTIST CHURCH OF NAPLES. INC., receive from petitioner as a reasonable attorney fee the sum of One Thousand Five Hundred Sixty-Seven and No/100 Dollars ($1567.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 128; it is further ORDERED that Petitioner shall deposit an additional Six Thousand Three Hundred Seventeen and No/100 Dollars ($6317.00} subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment: it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of TWENTY-SIX THOUSAND AND No/100 DOLLARS ($26.000.00) refen'ed to above: it is further ORDERED that the Clerk of t~is Court shall disburse the total.amount of One Thousand Five Hundred Sixty-Seven and No/100 Dollars ($1,567.00) to JOHN STENZIANO, ESQUIRE. 5551 Ridgewood Drive. Suite 555, Naples, Florida 34108. for attorney's fees pursuant to Section 73.092, Florida Statutes: it is further ORDERED that title to Parcel No. 128, a fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made, are aFproved, ratified, and con ~fffrmed: it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3030. Page 0542 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 128: and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County. Florida: it is therefore DONE AND ORDERED in Chambers at Naples. Collier County, Florida, this ,2003. day of conforrned copies to: Heidi F. Ashton, Esquire John Stinziano, Esquire Robert Prim Esquire Thomas Palmer. Esquire Jean Howard, Esquire Bank of America First Union Richard D. Yovanovich. Esquire E. Glenn Tucker. Esquire CIRCUIT COURT JUDGE The JOINT'MOTION FOR STIPULATED FINAL ,IUDGMENT Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. J OjI~N STIIqZIANO~JSQUIRE F~rida Bar No.: ~551 Rid~ewood Drive. Suite 555 Naples, Florida 34108 (239) 514-7555 -_Telephone (239) 514-7557 - Facsimile ATTORNEY FOR RESPONDENT h:Lil~N NMcthodistChurchBq- 128 Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tarniami Trail Naples. Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR COLLIER COUNTY i~: ~_'. L:~,: . · PROJECT NO. : ~ PROJECT PARCEL NO. : 125 TAX PARCEL NO. :~e, · · (~ FEE SIMPLE INTEREST EXHIBIT-~-I GRAPHIC SCAL~ 200' I inch = ~00 fL NOTES: h ~IIS IS NOT A SURVEY. 2. BEARJN~ S~O~ .DiE:ON H~ A ~0 ~ fl. ag3~2' ~D RE~c~Ns ~ ~C~. 4. NOT V~ ~T ~ JAN 2 8 20.n3 O.R. INDICATES OFFICIAL RECORDS P.IC INDICATES PARKER-XALON P.C.P. INDICATE.; PERi/ANENT CON'/~OL POINT SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGI E;'RlUf'. · PROJECT NO.: 60134 PROJECT PARCEL NO. : ~B TAX PARCEL NO. :.~,~OD FEE SIMPLE INTEREST DESCRIPTION: PARCEL 12B A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 80'52'12" EAST ALONO THE SOUTH LINE OF SAiD SECTION 10, A DISTANCE OF 1213,64 FEET; THENCE RUN NORTH 00'27'4B" WEST, A DISTANCE OF 50.69 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. 896); FROM 5AID POINT OF BEI31NNINO RUN NORTH 00'46'24" WEST ALONG THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1487, PAGE 1517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF B.69 FEET; THENCE RUN SOUTH 87'5T15" EAST, A DISTANCE Of 23,92 FEET; THENCE RUN SOUTH Bg'lS'1T' EAST, A DISTANCE OF 156.69 FEET; THENCE RUN SOUTH 00'26'50" WEST, A DISTANCE OF 7.21 FEET TO THE SAiD NORTHERLY RIgHT-OF-WAY LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89~33'10'' WEST ALONG SAiD NORTHERLY' RIGHT-OF-WAY LINE, A DISTANCE OF 180.42' FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.032 ACRES OF LAND, MORE OR LESS. SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 4g SOUTH, RANGE ")5 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING, INC.,, ' '" m~ I""" J""" J t ~ 2 ~0t J ~,313 J 10"4B-~ I I EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF A ROAD EASEMENT DESIGNATED AS PARCEL 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. GERALD A. McHALE, JR., SUCCESSOR TRUSTEE UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET AL., CASE NO. 00-0487-CA (PINE RIDGE ROAD BETWEEN CR 31 AND LOGAN BOULEVARD) (Project No. 60111) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as to the full and final compensation due Respondent, Walgreen Co. ("Walgreen") arising from the acquisition a road easement designated as Parcel No. 128 for the Pine Ridge Road Project in the lawsuit entitled Collier County v. Gerald A. McHale, Jr., Successor Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et al., Case No. 00-0487-CA · CONSIDERATIONS:. On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Pine Ridge Road between C.R. 31 and Logan Boulevard (Project No. 60111). Walgreen asserted an apportionment claim for full compensation based on its leasehold interest. Through negotiations, the parties have reached a settlement agreement whereby Walgreen acknowledges that it has suffered no damages as a result of this taking, and is entitled to no compensation, and Collier County agrees to pay its attorney's fees of $2,080. Attorney's fees are required to be paid by the County under Section 73.092, Florida Statutes. A copy of the invoice for the attorney's fees is attached. There are no other fees or costs associated with this settlement. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider the amount of the attorney's fees to be reasonable. SCAL IMPACT:, Funds in the amount of $2,080 are available in the FY 03 adopted budget. \'\ ~Souree of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sum of $2,080.00 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ellen T. Chaawell Assistant County Attorney ROW Acquisition Manager Gregg Strakaluse, Director Transportation/ECM l~or~ I~e~er, Administrator Transportation Division David C. Weigel,~ Y Date: Date: Date: 2 THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIV]~L ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, · VS. GERALD A. MCHALE, SUCCESSOR TRUSTEE Under Unrecorded Land Trust Agreement Dated 12/10/92, et al. Respondents. Case No.: 00-0487-CA Parcel No.: 128 STIPULATED FINAL JUDGMENT (AS TO WALGREEN) THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, WALGREEN CO. ("WALGREEN"), by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 128, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that no compensation is due the Respondent, WALGREEN, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that excepting attorney's fees, WALGREEN, which has confirmed that it has sustained no business, leasehold, or other damage of any kind as a result of the taking, have and recover no moneys from Petitioner, COLLIER COUNTY, FLORIDA; it is further ORDERED that Respondent, wALGREEN, receive from Petitioner as a reasonable attorney's fee the sum of Two Thousand Eighty and No/100 Dollars ($2,080.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel No. 128; it is further ORDERED that Petitioner shall deposit an additional Two Thousand Eighty and No/100 Dollars ($2,080.00), subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand Eighty and No/100 Dollars ($2,080.00) to SHUTTS & BOWEN LLP, Trust Account, c/o Suzanne M. Driscoll, Esquire, Shutts & Bowen LLP, First Umon Center, Suite 2000, 200 East Broward Blvd., Ft. Lauderdale, Florida 33301 for attorney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2003. conformed copies to Ellen T. Chadwell, Assistant County Attorney Suzanne M. Driscoll, Esquire Hugh D. Hayes Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to the interest of Walgreen Co. in Parcel 128. Dated: Dated: SUZANNE M. DRISCOLL, ESQU,RE Florida Bar No. 827797 Shut'ts & Bowen, LLP First Union Center, Suite 2000 200 East Broward Blvd. Ft. Lauderdale, Florida 33301 (954) 525-5505 - Phone (954) 524-5506 - Facsimile Attorney for Respondent, Walgreen Co. ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA no tl JAN 2 8 2093 EXECUTIVE SUMMARY APPROVE THREE AGREED ORDERS WITH RESPONDENT SPRINT- FLORIDA, INCORPORATED f/k/a UNITED TELEPHONE COMPANY OF FLORIDA ("SPRINT") WITH RESPECT TO (1) PARCEL NO. 178B IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERTO BOLLT, ET AL., CASE NO. 02-2217-CA; AND (2) PARCEL NO. 182 IN THE LAWSUIT STYLED COLLIER COUNTY V. LAZARO HERRERA, ET AL., CASE NO. 02-2211-CA; AND (3) PARCEL NO. 188 IN THE LAWSUIT STYLED COLLIER COUNTY V. G JR OF NAPLES, INC., ET AL., CASE NO. 02-2212-CA (ALL THREE AGREED ORDERS CONCERN IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize three Agreed Orders with Respondent Sprint, with respect to the condemnation of Parcel No. 178B in Collier County v. Roberto Bollt, et al., Case No. 02-2217-CA; Parcel No. 182 in Collier County v. Lazaro Herrera, et al., Case No. 02-2211- CA; and Parcel No. 188 in Collier County v. G JR of Naples, Inc., et al., Case No. 02-2212-CA. CONSIDERATIONS: On September 5, 2002, Orders of Taking were entered in Collier County Circuit Court r~garding the fee simple acquisition of Parcels 178B, 182 and 188 for the Immokalee Road project (Project No. 60018). Sprint had platted utility easements in all three parcels. In the Agreed Orders, Sprint agrees that it will, at its own expense, remove any underground lines that encroach on the new construction, and Collier County agrees that it will help coordinate such work and grant Sprint any necessary permits based on an "as-built" situation following construction of the road. Collier County and Sprint also agree to use their best efforts to work with Respondent Florida Power & Light Company ("FPL") with respect to issues involving Sprint's lines currently on FPL poles. In exchange of these promises of cooperation, both sides waive any costs, including attorney's fees, with respect to these takings. The County Attorney's Office has reviewed all considerations in the proposed Agreed Orders, and believes the terms to be reasonable. FISCAL IMPACT...2: None. GROWTH MANAGEMENT IMPACT: RECOMMENDATION: Orders. None. That the Board of County Commissioners approve the Agreed AGF/..NDA ITEM - No. i'--,.5 JAN 2 8 2003 pg. t SUBMITTED BY: REVIEWED BY: REVIEWED BY: Heidi F Ashton Assistant County~Attomey ROW Acquisition Manager Gregg Strakaluse, Director Transportation/ECM Date: Date: Date: REVIEWED BY: Norm Feder, Administratqt: Transportation Division APPROVED BY: 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, LAZARO HERRERA, et al., Respondents. Case No.: 02-2211-CA Parcel No.: 182 ORDER " '~:- AGREED r~ ,.< THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, Collier County, and Respondent, Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida ("Sprint"), for entry of an Agreed Order, and the Court, being fully advised in the premises. it is hereby ORDERED AND ADJUDGED that Respondent, Sprint, will be granted any necessary permits based on the "as-built" situation following construction of the roadway with respect to its utilities occupying the right of way; and it is further ORDERED AND ADJUDGED that in the event Petitioner, Collier Count3' should ever expand the subject roadway from the currently planned six lanes, that Petitioner, Collier County, will make reasonable accommodations to allow Respondent, Sprint, to maintain its current level of access and use along the subject road; and it is further ORDERED AND ADJUDGED that any existing underground lines which encroach on the new construction will be removed by, and at the sole costs and expense of, Respondent, Sprint, which removal shall be coordinated between the Respondent, Sprint and Petitior :r, q..; JAN 2 22 3 by and through their respective agents, employees and representatives, including any individual or entity employed by Petitioner Collier County to construct the roadway; and it is further ORDERED AND ADJUDGED that Respondent, Sprint, will use its best efforts to coordinate with Petitioner, Collier County, and Respondent Florida Power & Light Company, a Florida corporation ("FPL"), issues involving Respondent Sprint's lines currently on FPL poles, pursuant to agreements between Respondent Sprint and Respondent Florida Power & Light Company, a Florida corporation; and it is further ORDERED AND ADJUDGED that no costs or attorneys fees of any kind or nature shall be awarded to either Respondent Sprint or Petitioner Collier County with respect to this Action. DONE AND ORDERED this Florida. da3' of , 2003, in Naples. Collier County, Copies furnished to all parties on attached Service List Ted Brousseau Circuit Court Judge JOINT MOTION The Parties, by and foregoing Agreed Order. through their undersigned attorneys, hereby move for entry of the Dated: N~an~ber (~ ._, 2002 c¢/sTev SOUl Florid(a BarCo. 4'~316 _ DETWm SunTruSt Plug Suite 805 2000 Mm St Ft. Myers, FL 33901 (239) 790-7700 - Telephone (239) 332-5325 - Facsimile ARomey for Respondent Spfim-Flofida, Inco~orated ~a United Telephone Comply of Florida Dated: November 2002 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner AGENDA.ITEM "~ ~0. [L~ ~ JAN 2 8 2093 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. G JR OF NAPLES, INC., et al., Respondents. Case No.: 02-2212-CA Parcel No.: 188 AGREED ORDER THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, Collier County, and Respondent, Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida ("Sprint"), for'entry of an Agreed Order, and thc Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, Sprint, will be granted any necessary permits based on thc "as-built" situation £ollowing construction o£ the roadway with respect to its utilities occupying the right of way; and it is further ORDERED AND ADJUDGED ff~at in the event Petitioner, Collier County should' ever expand the subject roadway from the currently planned six lanes, that Petitioner, Collier Counb,, will make reasonable accommodations to allow Respondent, Sprint, to maintain its current level of access and use along the subject road; and it is further ORDERED AND ADJUDGED that any existing underground lines which encroach on the new construction will be removed by, and at the sole costs and expense of, Respondent, Sprint, which removal shall be coordinated between thc Respondent, Sprint and I AGEN-'3~. iT~M .-~ by and through their respective agents, employees and representatives, including anY individual or entity employed by Petitioner Collier County to construct the roadway; and it is further ORDERED AND ADJUDGED that Respondent, Sprint, will use its best efforts to coordinate with Petitioner, Collier County, and Respondent Florida Power & Light Company, a Florida corporation ("FPL"), issues involving Respondent Sprint's lines currently on FPL poles, pursuant to agreements between Respondent Sprint and Respondent Florida Power & Light Company, a Florida corporation; and it is further ORDERED AND ADJUDGED that no costs or attorneys fees of any kind or nature shall be awarded to either Respondent Sprint or Petitioner Collier County with respect to this Action. DONE AND ORDERED this __ day of ._, 2003, in Naples, Collier County, Florida. Ted Brousseau Circuit Court Judge Copies furnished to all parties on attached Service List JAN 2 8 JOINT MOTION The Parties, by and tlu'ough their undersigned attorneys, hereby move for entry of the foregoing Agreed Order. Dai~, 2002 -v ~Flc~rida~a~ No. 749516 O SW~(TZ, CAMPBELL & DETWEILER SunTrust Plaza, Suite 805 2000 Main St Ft. Myers, FL 33901 (239) 790-7700 - Telephone (239) 332-5325 - Facsimile Attorney for Respondent Sprint-Florid& Incorporated f/k/a United Telephone Company of Florida Dated: November ,2002 HEIDI F. ASItTON, ESQUIRE Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2217-CA Petitioner, Parcel No.: 178B VS. ROBERTO BOLLT, et al., Respondents. / AGREED ORDER THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, Collier County, and Respondent, Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida ("Sprint"), for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, Sprint, will be granted any necessary permits based on the "as-built" situation following construction of the roadway with respect to its utilities occupying the right of way; and it is further ORDERED AND ADJUDGED that in the event Petitioner, Collier County should ever expand the subject roadway from the currently planned six lanes, thet Petitioner, Collier County., will make reasonable accommodations to allow Respondent, Sprint, to maintain its current level of access and use along the subject road; and it is further ORDERED AND ADJUDGED that any existing underground lines which encroach on the new construction will be removed by, and at the sole costs and expense Sprint, which removal shall be coordinated between the Respondent, Sprint and Petitioner, Collier County, by and through their respective agents, employees and representatives, including any individual or entity employed by Petitioner Collier County to construct the roadway; and it is further ORDERED AND ADJUDGED that Respondent, Sprint, will use its best efforts to coordinate with Petitioner, Collier County, and Respondent Florida Power & Light Company. a Florida corporation ("FPL"), issues involving Respondent Sprint's lines currently on FPL poles, pursuant to agreements between Respondent Sprint and Respondent Florida Power & Light Company, a Florida corporation; and it is further ORDERED AND ADJUDGED that no costs or attorneys fees of any kind or nature shall be awarded to either Respondent Sprint or Petitioner Collier County with respect to this Action. DONE AND ORDERED this Florida. __day of ,2003, in Naples. Collier County, Copies furnished to all parties on attached Service List Ted Brousseau Circuit Court Judge JAN 2 8 2[ ,S3 JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order. ,Dated: ~, 2002 Flor[da J~ar No.~749516 SW~q~TZ, CAMPBELL & DETWEILER SunTrust Plaza, Suite 805 2000 Main St Ft. Myers, FL 33901 (239) 790-7700 - Telephone (239) 332-5325 - Facsimile Attorney for Respondent Sprint-Florida, Incorporated f/k/a United Telephone Company of Florida Dated: November ,2002 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 COLrNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile Attorney for Petitioner EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $35,000 FOR OUTSIDE COUNSEL AND PROFESSIONAL SERVICES IN SUPPORT OF RESOLUTION 2002-428 EXPRESSING CONCERNS REGARDING THE ACQUISITION OF THE MARCO ISLAND / MARCO SHORES UTILITY SYSTEM BY THE FLORIDA WATER SERVICES AUTHORITY. OBJECTIVE: For the Board to approve a budget amendment to pay for previously approved outside counsel and professional services in support of Resolution 2002-428 expressing concerns regarding the acquisition of the Marco Island / Marco Shores Utility System by the Florida Water Services Authority. CONSIDERATIONS: On November 19, 2002, the Board of County Commissioners approved an Executive Summary and Budget Amendment transferring $35,000 from Utility Regulation Reserves to cover outside legal services to carry forward an earnest legal effort to express concerns regarding the acquisition of the Marco Island / Marco Shores Utility System by the Florida Water Services Authority. A question by opposing counsel has been raised as to the propriety of payment of legal services out of this fund. Therefore, until this issue is resolved, it has been deemed appropriate to request the funds for these future payments to be made from the General Fund Reserves. If it is determined that it is appropriate to pay for legal services from the Utility Regulation funds, another budget amendment will be prepared and processed to reimburse the General Fund Reserves. The County Attorney is coordinating with the C!erk of Courts on these matters. FISCAL IMPACT: Estimated fiscal impact is $35,000 at this time to proceed. Funds are available in general funds reserves to be transferred to the Office of the County Attorney' s budget, Fund 001. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment from General Fund Reserves in the amount of $35,000 to allow the County Attorney's Office, in conjunction with outside counsel, Mike Twomey, and other professional services, to endeavor to express concerns through legal channels regarding the acquisition of the Marco Island / Marco Shore Utility System by the Florida Water Services Authority. Also, if it should be determined legally appropriate to expend funds from the Utility Regulation Funds for legal services, that the Board of County Commissioners approve a budget amendment from Utility Regulation (Fund 669) Reserves in the amount of $35,000 to reimburse the General Funds Reserves. Reviewed by: ~ Date: D. ~.~:'B~'u¥' ~Ta]~e,~-~irector CDES Operations Department Approved by: David C. Weigel, ~ount~Attorney Date: AGENDA JAN 2 8 2003 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE ISLES OF CAPRI MUNICIPAL RESCUE & FIRE SERVICES TAXING DISTRICT AND THE OCHOPEE FIRE DISTRICT ENTER INTO INTERLOCAL AGREEMENTS WITH INDEPENDENT FIRE DISTRICTS FOR THE PURPOSE OF IMPLEMENTING THE DUTIES AND OBLIGATIONS OF THE VARIOUS DEPENDENT AND INDEPENDENT FIRE DISTRICTS WITH RESPECT TO FIRE PLAN REVIEW AND FIRE CODE INSPECTIONS FOR NEW CONSTRUCTION, CONSTRUCTION PROJECTS AND EXISTING STRUCTURES WITHIN THE VARIOUS DISTRICTS. OBJECTIVE: That the Board of County Commissioners. as the governing body of Collier County and as Ex-Officio ~overning Board of the Isles of Capri Municipal Rescue & Fire Services Taxing District and the Oc~opee Fire District enter into interlocal agreements with the independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for ne,,,,' construction, construction projects and existing structures within the various districts. CONSIDERATIONSt These agreements are essentially identical to prior agreements and are necessary to reflect that the duties as Administrative District presently performed by the North Naples Fire Control & Rescue District are being assumed by the East Naples Fire Control & Rescue District. FISCAL IMPACT: None. The Fire Code Official's Office is funded through the fees charged for fire plan review and fire code inspections pursuant to the schedule found in Collier County Resolution 2001-313. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners as governing body of Collier County, Florida and as Ex-Officio the governing Board of the Isles of Capri Rescue & Fire Services Taxing District and the Ochopee Fire District enter into the various interlocal agreements with the independent fire districts. SUBMITTED BY: APPROVED BY: Robe(rt N.~ch'~ry, Assistant County Attorney David C. Weigel, C~ounty ~rn~y h:mzXexsum-interlocala~eemenls-firedist- Date: Date: INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control District, East Naples Fire Control and Rescue District, Ochopee Fire District, Isles of Capri Municipal Rescue and Fire Services Taxing District, hereinafter collectively referred to as the "FIRE DISTRICTS." WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the COUNTY and the FIRE DISTRICTS are public agencies, within the meaning of the Florida Interlocal Cooperation Act and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, Section 553.79(2), Florida Statutes, requires review and approval, by both the BUILDING OFFICIAL and the appropriate fire inspector, of plans and specifications for the construction, erection, alteration, repair or demolition of any building before a permit for such work may be issued. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and duties hereinafter set forth, the COUNTY and the FIRE DISTRICTS formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agree~nent is to provide for an expeditious, high-quality fire plan review and fire inspection process for new construction, construction projects and existing structures within the boundaries of the FIRE DISTRICTS by delineating the responsibilities of the COUNTY and the FIRE DISTRICTS in order to enhance service to the citizens of Collier County. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ADMINISTRATIVE DISTRICT - East Naples Fire Control and Rescue District. ASSISTANT FIRE CODE OFFICIAL - An individual who is employed by the ADMINISTRATIVE DISTRICT and who serves in the absence of the FIRE CODE OFFICIAL pursuant to this agreement. AUTHORITY HAVING JURISDICTION - The Fire Chief or his/her designee (Fire Marshal or FIRE SAFETY INSPECTOR or FIRE CODE OFFICIAL) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121 ). BOARD - The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the Collier County Land Development Code. BUILDING CODE- The Florida Building Code 2001, as adopted by Collier County Ordinance No. 2002-01. BUILDING OFFICIAL - The Collier County Building Review and Permitting Director or his designee. COUNTY - The general-purpose government of Collier County, which is a political subdivision of the State of Florida. FIRE CODE - The Collier County Fire Prevention Ordinance, Ordinance No. 2002-49, the State Minimum __ _. Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapt~~.~'~... ~ - Statutes and any successor or amendment thereto during the life o! this Agreement. ~ ~::~: -J~3~_ __~ _ FIRE CODE OFFICIAL - The individual appointed by the FIRE DISTRICTS and employed by the ADMINISTRATIVE DISTRICT who is responsible for the following duties: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable FIRE CODE; 2 The performance of statutory functions of the Fire Marshal and FIRE CODE OFFICIAL for fire plan review; 3. Providing Collier County with assistance in updating the FIRE CODES and related ordinances; 4. Managing and over-seeing all employees and records of the FIRE CODE OFFICIAL'S Office on a daily basis including time sheets and expenditures; 5. Providing training as needed to office staff and fire district personnel; 6. Presenting a preliminary budget to the Fire Chief of each district, and a final budget to the Fire Chief of the ADMINISTRATIVE DISTRICT or his/her designee; and 7. Participating as a member of the Collier County Fire Marshals Association. FIRE DISTRICTS - The independent fire control and rescue districts operating within Collier. County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples and the dependent districts of Ochopee and Isle of Capri. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida. Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the FIRE CODE OFFICIAL, the ASSISTANT FIRE CODE OFFICIAL, Fire Marshal, or a FIRE SAFETY INSPECTOR employed by one of the FIRE DISTRICTS. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair or demolition of a building. SECTION THREE: Administration of Fire District Duties. In order to implement their duties and obligations under this Agreement, the FIRE DISTRICTS have entered into separate interlocal agreements with the ADMINISTRATIVE DISTRICT. The FIRE DISTRICTS represent to the COUNTY that the ADMINISTRATIVE DISTRICT is authorized by these interlocal agreements to employ personnel, lease office space, receive payments, disburse funds, and otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS' duties under this Agreement. The COUNTY, based upon the FIRE DISTRICTS' representations, agrees to recognize the ADMINISTRATIVE DISTRICT as the FIRE DISTRICTS' agent for the implementation and administration of this Agreement. SECTION FOUR: Qualifications of FIRE CODE OFFICIAL and ASSISTANT FIRE CODE OFFICIAL. 'rhe FIRE DISTRICTS agree to provide to the County a FIRE CODE OFFICIAL and an ASSISTANT FIRE CODE OFFICIAL. The FIRE CODE OFFICIAL shall have the following qualifications: 1. A minimum of ten (10) years experience reviewing construction plans for FIRE CODE compliance. A combination of training and experience may be considered. 2. A Fire Protection Engineering Degree is preferred, but an otherwise qualified candidate with an Associates Degree in Fire Science or Administration, with a combination of additional- training and experience is eligible for the position. ? .. ~ - :.... 3. Fire Service experience including fire district operations and fire prevention is desired.. 2 4. Experience in National Fire Protection Association codes and Model Code interpretation and enforcement. 5. Certification as a Florida Municipal Fire Inspector 6. Managerial skills that can be demonstrated either by experience or training. 7. The ability to provide a precise, technical and timely examination of construction plans and Specifications for the purpose of determining adequacy of fire and life safety features. 8. All legally required licenses and certifications to fulfill his or her duties as outlined in this Agreement including, but not limited to, all licenses and, certifications that may be required by Section 553.79 and Chapter 633, Florida Statutes, as amended from time to time. The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set forth in paragraphs 3-8 above. It shall be the responsibility of the ADMINISTRATIVE DISTRICT to ensure that the FIRE CODE OFFICIAL and ASSISTANT FIRE CODE OFFICIAL have and maintain the qualifications outlined in this section. SECTION FIVE: Fire Plan Review Procedure, The FIRE CODE OFFICIAL shall review the building construction plans and specifications of all new construction and construction projects, except for one and two family dwellings, for compliance with the FIRE CODE. 1 .The COUNTY shall provide copies of all commercial and multi-family building permit applications with plans and specifications as submitted by the applicant. The FIRE CODE OFFICIAL shall review such applications by the end of ten (10) working days following the day the building permit application is received and deemed sufficient. Single family and duplex residential plans shall not be part of the fire plan review process. 2. The FIRE CODE plan review shall be performed by the FIRE CODE OFFICIAL while COUNTY staff is reviewing separate copies of the building plans for compliance with the Building, Plumbing, Mechanical, and Electrical Codes and performing other reviews that are performed by COUNTY staff. 3. After completing it's review, the FIRE CODE OFFICIAL'S Office shall submit the reviewed plans along with it's comments to the COUNTY for the COUNTY'S review and to assure consistency with the BUILDING CODES (Plumbing, Mechanical, Building and Electrical Code). Any inconsistencies shall be resolved pursuant to Section Ten of this Agreement. 4. After the construction plans have been reviewed and approved by the COUNTY and FIRE CODE OFFICIAL, the FIRE CODE OFFICIAL shall deliver one (1) copy of the plans to the particular FIRE DISTRICT in which the construction is to occur. The FIRE DISTRICT hereby agrees to critique, with respect to the FIRE CODE, the review of the plans by the FIRE CODE OFFICIAL. 5. The FIRE DISTRICT shall, to the extent possible, within ten (10) working days after receipt of the plans i lotify the FIRE CODE OFFICIAL of any objections or comments the FIRE DISTRICT may have with regard to review and/or modifications of the plans. SECTION SiX: Required Inspections and Fees. 1. Inspections Durinq Construction of Buildinqs. The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution No. 2001-313, and any amended or successor resolution, for the inspections. ~ · -~:) ~ (a) Fire stopping I Draft stopping 1. At time of installation of penetrations through rated assemblies (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (m) (m) Temporary Stand Pipe 1. After third floor 2. Location 3. Inspection at each floor 4. Fire department access 5. Operation Exit Lights 1. Location 2. Type... 3. Operation Smoke Detector 1. Location 2. Type 3. Operation Heat Detectors 1. Location 2. Type 3. Operation Doors 1. Type 2. Rating 3. Self closures 4. Panic hardware 5. Locks 6. Operation Emergency Lighting 1. Type 2. Location 3. Operation Trash Chute 1. Location 2. Rating 3. Sprinklers in chute 4. Sprinklers in trash room 5. Height at roof Emergency Generator Operation Elevator Operation During Alarm Fire Department access 1. Fire lanes 2. Turning Radius 3. Obstructions Notice of Compliance Inspection Stand Pipes 1. Fire hose cabinets (aa) Location (bb) Fire hose i. Location ii. Type 4 iii. Length iv. Nozzle 2. Pressure Test 3. Location 4. Location of FDC 5. Roof Manifold (aa) Location (bb) Pressure 6. Operation (n) Fire Pump 1. Type 2. Size 3. Valves 4. Flow switches 5. Tamper switches 6. Location 7. Operation (0) Fire Alarm 1. Speakers (aa) Type (bb) Location (cc)Operation 2. Pull Stations (aa) Type (bb) Location (cc) Operation 3. Phone Jacks (aa) Type (bb) Location (cc) Operation 4. P.A. System 5. Tape/alarm system 6. Central Station 7. Operation of alarm (p) Fire Extinguisher 1. Size 2. Location 3. Type 4. Service Tag (q) Any other fire inspections required to verify FIRE CODE compliance. 2. Construction Proiect Inspections. The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees to pay the ADMINISTRATIVE DISTRICT at the rate provided in Collier County Resolution No. 2001-313, and any amended or successor resolution, for the inspections. (a) Fire Sprinkler System Installations The following inspections shall be performed: 1. Pressure test 2. Pressure test after 2 hours 5 (c) (d) (e) 3. Location of head 4. Type of heads 5. Fire department correction 6. Location of fire department connection 7. Gauges 8. Operation 9. Notice of compliance inspection (b) Hood System Installation or Spray Booth Installation The following Inspections shall be conducted on kitchen hood systems or spray booths with dry chemical, carbon dioxide or halon systems: 1. Piping 2. Heads- location 3. Size 4. Type 5. Service tag 6. Fan 7. Height 8. Clearances 9. Operation 10. Notice of compliance inspection. Flammable Liquids and Gas Tank Installations The following inspections shall be performed: 1. Location 2. Anchoring 3. Piping 4. Notice of compliance inspection Fire Hydrant Installations The following inspections shall be performed: 1. Thrust block inspection 2. Type 3. Height from streamer port to ground. 4. Threads 5. Location 6. Access 7. Notice of compliance inspection L. P. Gas Installations The following inspections shall be performed: 1. Location 2. Anchoring _j..~ ~ ~ 3. Piping 4. Notice of compliance inspection (f) Minimum Fire Inspection Fee. 3. Re-inspection fees. The COUNTY shall pay the ADMINISTRATIVE DISTRICT in accordance with Collier County re-inspection fee schedule found in Collier County Resolution 2001-313, and any amended or successor resolution, for every properly documented re-inspection conducted by the FIRE DISTRICTS. 4. Certificate of Occupancy. No Certificate of Occupancy shall be issued until a determination is rendered by the BUILDING OFFICIAL, or 6 his / her designee, that the construction is in compliance with the Statewide BUILDING CODES (Plumbing, Mechanical, Building and Electrical Code) as adopted b the County, and a Notice of Fire Compliances issued. ~ment of Ins ection Fees. The COUNTY shall be responsible for the collection and disbursement of fees to the ADMINISTRATIVE DISTRICT, including building plan review, fire inspection fees and fire re-inspection fees, based upon information provided by the FIRE CODE OFFICIAL and the FIRE DISTRICTS. Disbursement to the ADMINISTRATIVE DISTRICT shall occur by the twentieth (20th) working day following the last day of the calendar month in which the fees were collected. A copy of the COUNTY'S distribution listing by district shall be provided along with the check and the calculation sheet of the amount being remitted. SECTION SEVEN: Required Inspection for Existing Structures, The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at no charge to the COUNTY. These inspections to be performed include, but are not limited to, the folloWing types of inspections: (a) Fire Extinguishers 1. Type 2. Size 3. Location 4. Height 5. Service Tag. (b) Means of Egress 1. Fire Rating 2. Doors 3. Emergency Lighting 4. Obstruction 5, Travel Distance (c) Fire Sprinkler 1. Verify existing Fire Sprinkler Systems have been inspected per NFPA 25. (d) Fire Alarms 1. Manual Pull Stations Locations 2. Smoke Detector Locations 3. Heat Detector Locations SECTION EIGHT: Position Funding. The office of the FIRE CODE OFFICIAL shall be funded by the current funding operation. The current funding arrangement is specified in Collier County Resolution 2001-313 and any amended or successor resolution. The fire plan review fees shall continue to be collected by the County and forwarded to the ADMINISTRATIVE DISTRICT in the appropriate amount. The ADMINISTRATIVE DISTRICT shall utilize these funds to support the budget for the FIRE CODE OFFICIAL'S Office. SECTION NINE: General. 1. The FIRE CODE OFFICIAL shall represent all independent and dependent FIRE DISTRICTS in Collier County, which are parties to this Agreement. 2. The COUNTY shall provide rental office space within the Community Development and Environmental Services building for the office of the FIRE CODE OFFICIAL to conduct his duties. Said rental space shall be provided in accordance with the Lease Agreement dated entered into between the County and the East Naples Fire Control and. Rescue District, which Lease is attached hereto as Exhibit "A." Said Lease Agreement addresses the amount. of rent to be paid to Collier County for the FIRE CODE OFFICIAL'S Office and also addres~s~iss.ue.~ '-~ 7 such as access to the COUNTY'S computer system, office equipment and telephone system to the FIRE CODE OFFICIAL'S OFFICE. 3. The FIRE CODE OFFICIAL'S office shall be open during the normal business hours of other offices in the Development Services building. 4. The FIRE DISTRICTS shall provide FIRE SAFETY INSPECTORS, in accordance with Chapter 633, Florida Statutes, to perform the required fire inspections listed in Section Six of this Agreement. The FIRE DISTRICTS need not provide certified FIRE SAFETY INSPECTORS to perform inspections of existing structures pursuant to Section Seven of this Agreement, however, these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 5. The COUNTY shall provide the necessary enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 6. The FIRE DISTRICTS agree to continue to enforce the FIRE CODE on existing buildings and when violations are found the FIRE DISTRICTS, or anyone of them, shall pursue enforcement through the Collier County Code Enforcement Board, State Attorney, or other agencies as allowed by law. The FIRE DISTRICTS, or anyone of them, shall in coordination with County staff prepare and present the case to these agencies, perform all follow-up investigations and provide any necessary documentation for future action by the FIRE DISTRICTS, or anyone of them, with the agency involved. 7. The COUNTY shall adopt the FIRE CODE(s) required by Florida Statutes and shall review amendments thereto requested by the FIRE DISTRICTS. 8. The FIRE CODE OFFICIAL and his / her office staff shall be employees of the ADMINISTRATIVE DISTRICT and subject to the personnel policies and rules of the ADMINISTRATIVE DISTRICT and policies and procedures developed for this office. In no event is the COUNTY intended to stand in an employer-employee relationship with either the FIRE CODE OFFICIAL or ASSISTANT FIRE CODE OFFICIAL. SECTION TEN: Conflicts and Appeals. In the event of a conflict between the applicable minimum BUILDING CODE and the applicable minimum FIRE CODE, it shall be resolved by agreement between the BUILDING OFFICIAL and the FIRE CODE OFFICIAL in favor of the requirement of the code, which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. In the event that the BUILDING OFFICIAL and FIRE CODE OFFICIAL are unable to agree on a resolution of the conflict between the applicable minimum BUILDING CODE and the applicable minimum FIRE CODE, the BUILDING OFFICIAL shall render a temporary decision to resolve the conflict. An applicant for a building permit may appeal any decision made by the FIRE CODE OFFICIAL and the BUILDING OFFICIAL or any temporary decision made by the BUILDING OFFICIAL to the BOARD in accordance with the procedures stated in Division 5.4 of the Col,ier County Land Development Code. Should construction continue during the appeal of a decision or temporary decision, it shall be at the risk of the contractor or permit holder. All decisions of the FIRE CODE OFFICIAL and/or the BUILDING OFFICIAL and all decisions of the Board shall be in writing. Decisions of general application shall be indexed by Building and FIRE CODE sections and shall be available for inspection at the COUNTY'S Development Services building during normal business hours. In the event a conflict of code or interpretation develops between the FIRE CODE OFFICIAL representative of one of the FIRE DISTRICTS, the conflict shall be resolved by a committee of members to be known as the Fire Board of Adjustments and Appeals. The persons on this o committee shall be the Fire Marshals or Fire Official of each participating Fire District. The Board shall operate in accordance with the procedures attached as Exhibit "B" Each committee member shall have one (1) vote and any decision shall be rendered by majority vote. All decisions of this committee shall be in writing and mailed to each Fire District, the FIRE CODE OFFICIAL and the BUILDING OFFICIAL. The disagreeing parties shall not have a vote on the issues in question. Major field modifications shall be directed through the FIRE CODE OFFICIAL'S Office by way of a revision process. SECTION ELEVEN: N°tices. Any notice made pursuant to this Agreement by the COUNTY to the ADMINISTRATIVE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: East Naples Fire Control and Rescue District, 4798 Davis Blvd., Naples, Florida 34104. All invoices and payments shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement by the ADMINISTRATIVE DISTRICT to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service certified mail, return receipt requested, postage prepaid, addressed to the following: County Administrator, Collier County Government Center, 3301 Tamiami Trail East, Naples Florida 34112, with a copy to Administrator, Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Any notice required to be provided to any FIRE DISTRICT shall be mailed to the Chief of the Fire District at the fire station in which his office is located. SECTION TWELVE: Term and Termination. The Agreement shall remain in effect until terminated by either the COUNTY or the ADMINISTRATIVE DISTRICT. The COUNTY 'or the ADMINISTRATIVE DISTRICT may terminate this Agreement with or without cause by providing written notice to all other parties to this agreement. Such termination shall be effective forty-five (45) days from receipt of such written notice. If an independent or dependent Fire District that is a party to this Agreement wishes to withdraw from this Agreement, it shall provide written notice of its withdrawal to the COUNTY and the COUNTY shall have forty- five (45) days to give notice of termination to the ADMINISTRATIVE DISTRICT if the COUNTY wishes to terminate this Agreement. If no such termination notice is delivered by the COUNTY, this Agreement shali be deemed modified to exclude the withdrawing district. SECTION THIRTEEN: Entire Agreement and Amendment of this Agreement. This Agreement contains the complete and entire understanding of the parties. Other than as stated in Section Twelve, this Agreement may only be amended by a written instrument duly executed by the parties with the same formalities as the original. SECTION FOURTEEN: Termination of Prior Interlocal Agreements. Upon the effective date of this Agreement, all prior interlocal agreements between the COUNTY and the FIRE DISTRICTS on the same subject shall be terminated. SECTION FIFTEEN: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION SIXTEEN: Effective Date. This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its filing in the Official Records of Collier County, Florida. - ~ ~ ~ 9 IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respective dates set forth below. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA By:, Date: Witness NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT Witness By: Date: Chairman Witness GOLDEN GATE FIRE CONTROL and RESCUE DISTRICT Witness By: Date: Chairman Witness BIG CORKSCREW ISLAND FIRE CONTROL RESCUE DISTRICT Witness By: Date: Chairman Witness IMMOKALEE FIRE CONTROL DISTRICT Witness By: Date: Chairman Witness Witness EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By:_ Chairman Date: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE OCHOPEE FIRE DISTRICT By:_ Date; ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT By:_ Date:, APPROVED ASTO FROM AND LEGALSUFFIClENCY: ~'~obe~ N. Zacha~ Assistant Coun~ Afforney h:RNZ~,Agreements\Firec°ntr°l&Rescuelnted°cal2003 11 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the North Naples Fire Control and Rescue District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in codsideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121 ). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. FIRE SAFETY INSPECTOR- The individual appointed to carry out the functions identified by an~ referen~Jd in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, ~Jre "" Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections, The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection, fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department -- were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be .-~ J~ 3~ .~-~ provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES, ,. .... FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% ef - · 2 ~ --~-~- ~ the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated . Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of One (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SlX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job'description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST N.~PLES FIRE . ~Jb ~'~ .~- DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES J:JRE, ~ ~ DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A.performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the stee. ring committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis BIvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: North Naples Fire Control and Rescue District 1885 Veterans Park Drive, Naples, Florida 34109 Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. ..J~ ~ 4 SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11 ), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By: , Chairman Printed Name: Thomas G. Cannon Date: Witness Witness NORTH NAPLES FIRE CONTROL And RESCUE DISTRICT By: , Chairman Printed Name: Date: INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Board of County Commissioners of Collier County, Florida as the Governing Body of the Ochopee Fire District, hereinafter reterred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated:_for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated _ between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as tollows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. , FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. ~J~l~- ~ FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Deleg,ation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors t3 perform all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department J~ were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be 2 provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement · Funds received by the EAST NAPLES FIRE between Collier County and the Fire Districts, dated the duties of the Fire Code Official's office shall first be DISTRICT from Collier County for the performance allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SiX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenl~e included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications J ~1 ~_. received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIRE DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT: All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples ~:ire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District.. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners of Collier County, Florida as the Governing Body of the Ochopee Fire District, Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, ~ ~' 3301 E. Tamiami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By:_ , Chairman Printed Name: Thomas G. Cannon Date: 12/05/02 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE OCHOPEE FIRE DISTRICT By:_ , Chairman Approved as to form and legal sufficiency: ~Obert N. Zachary Assistant County Attorney INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Board of County Commissioners of Collier County, Florida as the Governing Body of the Isles of Capri Municipal Rescue and Fire Services Taxing District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121 ). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and _ the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan rev ew. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform a~l inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST N ~.PLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildin~s within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what. portion of the fire inspection fees received from Collier County Building Review and Permitting Department Ji~ were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be , provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated . Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official s office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall 3 recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority ol the members of the committee. The chief of the EAST NAPLES FIRE DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. performance Evaluation. A pedormance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District.. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners of Collier County, Florida as the Governing Body of the Isles of Capri Municipal Rescue and Fire Services Taxing District, Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following'. County Manager, Building F, Collier County Government Center, I ~ 3301 E. Tamiami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11 ), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By:. , Chairman Printed Name: Thomas G. Cannon Date: 12/05/02 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES TAXING DISTRICT By: , Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida tnterlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated:for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121 ). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement, and referenc~l' FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by . in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fi_re Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Cocle Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for Performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES J(o ~' FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 1% of ; * 2 the total fees to cover administrative costs· The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within litteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement · Funds received by the EAST NAPLES FIRE between Collier County and the Fire Districts, dated du~es of the Fire Code Official's office shall first be DISTRICT from Collier County for the performance oYthe shall create a allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the · II be distributed to the Fire Districts· Oversight of the contingency fund in excess of th~s amo.unt sha ..... ,, ~, .... ,~,- ~ bv a committee consisting of'one (1) contingency fund and the distribution oT excess fun(Is ~-a- ~, ...... rt_ken , its representative from each Fire District. Each district shall independently determine the method for selecting representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset fficial's Office shall b- marked as property of the office and a copy of the All fixed assets of the Fire Code O . . . ~ · i of all fixed assets shall ost current inventory shall be prowded to the D~strlct on an annual bas~s. Ownersh P r~main the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the E.ast Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. for the following A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget· The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget· SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official· The committee shall consist of one (1) representative from each Fire District each of whom. shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative-The Committee shall create a job descripti°n f°r the Fire C°de Official ~t~ll publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee recommend one (1) candidate lor the position of Fire Code Official to the Chief of the EAST NAPLES ~FIRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIRE ' 3 DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B, Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district'occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Board of County Commissioners, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112. Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. tn accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. EAST NAPLES FIRE CONTROL and Witness:_ RESCUE DISTRICT Witness: By: , Chairman Printed Name: Thomas G. Cannon Date: AT-rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ , Chairman Approved as to form and legal sufficiency: ~,...~,~Robert N. Zachary Assistant County Attorney INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Big Corkscrew Island Fire Control and Rescue District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenceJd~ j~' ~'~ in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire ' ' Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The pedormance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to pedorm all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Inter~.,'cal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds, A. Inspections, The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES J~t~ FIRE DISTRICT which shall distribute that determined portion including any interest to the District, ]ess !% of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated . Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SlX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July I of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FiRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIRE 3 DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. , The Fire Code Official s office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B.,Performance Evaluation. ' A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FiRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FiRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the stee~ing committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and wilt be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Bird, Naples, Florida 34104. All invoic,:;s shall be sent to the East Naples Fire Control and Rescue District.. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Big Corkscrew Island Fire Control and Rescue District _, Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. I (0 ~' SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11 ), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and ' RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By: , Chairman Printed Name: Thomas G. Cannon Date: 12/05/02 Witness Witness BIG CORKSCREW ISLAND FIRE CONTROL And RESCUE DISTRICT By: ,Chairman Printed Name: George Eckhardt DATE: 12/05/02 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Golden Gate Fire Control and Rescue District, hereinafter referred to as the "District". WHEREAS, the Florida Intedocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Flodda Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in c(~nsideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AUTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, ur Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121 ). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. ~ FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire 1 Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The pedormance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for performing inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less1% ~)f 2 the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated. Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance (~f the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C, Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SIX: Fire Code Official's Budget. A, Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee, The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications in of a licants and interview applicants. The committee shall received for the position, .condu. ct .a. II test ..g. ~?-P..-- ,-,,,~= c~fficial to the Chief of the EAST NAPLES_F. I_R_E recommend one (1) candidate ~.or me _po~t_~o_n, ~.~,r~ ~"".~,r~ittee The chief of the EAST NAPLES PIHi: DISTRICT by a vote of a majority of the muf,b=~= of the c ............ DISTRICT shall consider the recommendation of the committee. The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to all participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the ste(~ring committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Golden Gate Fire Control and Rescue District , Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. 4 SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11 ), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records o! Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. W tness: Witness:_ EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By:~ , Chairman Printed Name: Thomas G. Cannon Date: 12/05/02 Witness Witness GOLDEN GATE FIRE CONTROL And RESCUE DISTRICT By:_ , Chairman Printed Name:_ DATE: 12/05/02 5 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into by and between the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to as the "EAST NAPLES FIRE DISTRICT" and the Immokalee Fire Control District, hereinafter referred to as the "District". WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately and; WHEREAS, the EAST NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention within Collier County; and WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochopee Fire Control District, and Isle of Capri Fire Control District, have entered into an Interlocal Agreement with Collier County, dated: for the purpose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan reviews and fire inspections for new construction, construction projects, and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements between each Fire District and the East Naples Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Districts pursuant to that agreement and; NOW, THEREFORE, in cor{sideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the EAST NAPLES FIRE DISTRICT and the District formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire permit plan review and fire inspection process for new construction and construction projects by delineating the responsibilities of the EAST NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the EAST NAPLES FIRE DISTRICT and the District, which are required by the Interlocal Agreement, dated between Collier County and the Fire Districts. SECTION TWO: Definitions. The following terms as used in this Agreement shall be defined as follows: ASSISTANT FIRE CODE OFFICIAL - An individual who is employed the administrative DISTRICT and who serves in the absence of the Fire Code Official pursuant to this agreement. AIJTHORITY HAVING JURISDICTION- The Fire Chief or his/her designee ( Fire Marshal, or Fire Inspector, or Fire Code Official) responsible for, and having final authority in his/her respective jurisdiction, in both new and existing construction (§ FS 633.121). FIRE DISTRICTS - The individual Fire and Rescue Districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples, Ochoppee, and Isle of Capri. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any successor or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life of this agreement. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced_ in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes,.Fire ' '. · 1 Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official, Fire Marshal, or Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the EAST NAPLES FIRE DISTRICT who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compliance with the applicable Fire Code and; 2 The performance of statutory functions of the Fire Marshal and Fire Code Official for fire plan review. 3. Providing Collier County with assistance in updating the Fire Codes and related ordinances. 4. Manage and over-see all employees and records of the Fire Code Official's office on a daily basis including time sheets and expenditures. 5. Provide training as needed to office staff and fire district personnel. 6. Present a preliminary budget to the fire chief of each district, and a final annual budget to the Fire Chief of the administrative district or his/her designee. 7. Participate as a member of the Collier County Fire Marshals Association. FIRE SERVICE STEERING COMMITTEE - A Florida corporation created 12th day of March 1991 NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair, or demolition of a building. SECTION THREE: Delegation of Powers. The District hereby authorizes the EAST NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official's office: 1. To employ personnel upon review and approval of the Fire Service Steering Committee; 2. To lease office space; 3. To receive payments from Collier County; 4. To disburse funds; 5 To otherwise operate and represent the District with respect to review of building permit plans for compliance with the Fire Code; and 6 In conjunction with the Fire Service Steering Committee, establish and maintain a benefit package and to implement policies and procedures for the purpose of the operations and administration of the Fire Code Official's Office. SECTION FOUR: Inspections. The District shall be responsible for pedorming inspections and any necessary re-inspections of new construction and construction projects for which building permits have been issued. The District shall employ fire safety inspectors to perform all inspections on permitted construction projects. The fees for these inspections and re-inspections shall be collected by Collier County and paid to the EAST NAPLES FiRE CONTROL and RESCUE DISTRICT, which shall distribute them in accordance with Section 5(A) of this Agreement. It is understood that pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated . Fire Districts receive no payment from Collier County for their inspections of existing buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The EAST NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the District, The EAST NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department were paid for fire inspections in the District. A copy of the County's distribution listing by District shall be provided along with the check and the calculation sheet of the amount being remitted. The EAST NAPLES FIRE DISTRICT which shall distribute that determined portion including any interest to the District, less 17 of the total fees to cover administrative costs. The EAST NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within fifteen (15) days of receipt of the fees from the Collier County Building Review and Permitting Department B. Fire Code Official's Office. The funding mechanism for the Fire Code Official's Office is described in the Interlocal Agreement between Collier County and the Fire Districts, dated . Funds received by the EAST NAPLES FIRE DISTRICT from Collier County for the performance of the duties of the Fire Code Official's office shall first be allocated to the budget of the Fire Code Official's office. The EAST NAPLES FIRE DISTRICT shall create a Fire Code Official's contingency account, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's Office current year"s budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's adopted budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount shall be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the committee shall have one (1) vote and all decisions of the committee shall be by a majority vote of the members. The committee shall vote to distribute excess funds from the contingency fund, these funds shall be distributed to the Fire Districts based on the over all annual percentage that each District received in inspections fees through the Fire Code Official's Office for that fiscal year. C. Fixed Asset All fixed assets of the Fire Code Official's Office shall be marked as property of the office and a copy of the most current inventory shall be provided to the District on an annual basis. Ownership of all fixed assets shall remain the property of the Fire Code Official's Office. D. Financial Reporting On a quarterly basis, the East Naples Fire District shall provide the District a quarterly financial status report for the Fire Code Official's Office and on an annual basis a copy of the audit report for the office. SECTION SlX: Fire Code Official's Budget. A. Budget Not later than May 1 of each year, the Fire Code Official shall submit a preliminary budget for the following fiscal year, to begin on October 1, and end on September 30, to each Fire district. The Fire Service Steering Committee and each Fire District shall review this budget and provide its comments and recommendations on the budget to the EAST NAPLES FIRE DISTRICT no later than July 1 of the year in which the budget is submitted. The EAST NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The EAST NAPLES FIRE DISTRICT shall be responsible for adopting the final yearly budget for the Fire Code Official. B. Benefit Package The EAST NAPLES FIRE DISTRICT shall in conjunction with the steering committee, establish a benefit package for the employees of the Fire Code Official's Office. This package shall be approved by the steering committee, and will be considered portable when possible when any change in the administrating district occurs. Funding shall be from revenue included in a line item on an annual basis in the Fire Code Official's office budget. SECTION SEVEN: Fire Code Official Selection. Fire Code Official's Selection Committee. The Committee shall be formed to assist the Chief of the EAST NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (1) vote on the committee. Each distdct shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position, conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the EAST NAPLES FIRE DISTRICT by a vote of a majority of the members of the committee. The chief of the EAST NAPLES FIRE DISTRICT shall consider the recommendation of the committee, The Chief of the East Naples Fire District may veto the choice of a candidate from the committee, but may not appoint a candidate without the approval of the committee. SECTION EIGHT: Employment, Performance Evaluations, and Disciplinary Action for the Fire Code Official's Office Employees A. Employment. The Fire Code Official's office employees shall be considered employees of the EAST NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District and the policies and procedures developed for this office. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the EAST NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard EAST NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the EAST NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be takert into consideration by the EAST NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. The Fire Service Steering Committee may from time to time make recommendations to the administrative district regarding the Fire Code Official's office. C. Disciplinary Action. EAST NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official and staff. All disciplinary action shall be carried out in accordance with the policies of the EAST NAPLES FIRE DISTRICT. All commendations and complaints shall be directed to the Chief of the EAST NAPLES FIRE DISTRICT, with a copy to alt participating districts. The EAST NAPLES FIRE DISTRICT shall in conjunction with the stebring committee, establish policies, rules and regulations within one (1) year of executing this document for the employees of the Fire Code Official's Office. This package shall be approved by the Steering Committee, and will be considered portable when possible when any change in the administrating district occurs. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause by providing written notice to the other party and to Collier County. Such termination shall be effective forty-five (45) days after receipt of said written notice. This agreement may be amended from time to time upon the agreement of both parties. Any amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the EAST NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to The following: East Naples Fire Control and Rescue District 4798 Davis Blvd, Naples, Florida 34104. All invoices shall be sent to the East Naples Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage paid, addressed to the following: Immokalee Fire Control District, , Naples, Florida (zip). Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: County Manager, Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the Official's records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the EAST NAPLES FIRE CONTROL and RESCUE DISTRICT and the District and it's filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed, and witnessed on the respective dates set forth below. Witness: Witness: EAST NAPLES FIRE CONTROL and RESCUE DISTRICT By: , Chairman Printed Name: Thomas G. Cannon DATE: Witness Witness IMMOKALEE FIRE CONTROL DISTRICT By: Printed Name: DATE: , Chairman EXECUTIVE SUMMARY APPROVE THE STIPULATED ORDER OF TAKING AND FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 129 IN THE LAWSUIT STYLED COLLIER COUNTY V. NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, ET AL., CASE NO. 02- 1702-CA (GOODLETTE-FRANK ROAD PROJECT #60134). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Order of Taking and Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 129 for the Goodlette-Frank Road (Pine Ridge to Vanderbilt Beach Road) project in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02-1702-CA. CONSIDERATIONS: On August 29, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 129 for the Goodlette-Frank Road project (Project No. 60134). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $14,000 for Parcel 129 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Order of Taking and Final Judgment supersedes and replaces the previous Order of Taking as to Parcel 129, and provides for $17,500.00 to be paid to the Respondents as full compensation for the' property rights taken as to Parcel 129, together with the sum of $4,000 paid as reasonable attorney's fees, the sum of $720 paid as reasonable engineering fees, and the sum of $1,519 paid as reasonable appraisal fees, for a total payment of $23,739.00. There are no other attorney fees or other costs. The Stipulated Order of Taking and Final Judgment provides that Collier County shall deposit the additional amount of $9,739.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Order of Taking and Final Judgment and consider them to be reasonable. '"' FISCAL IMPACT: Funds in the amount of $9,739.00 are available in the FY 03 adopted budget. are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. Source of funds RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Order of Taking and Final Judgment; approve the expenditure of the funds as stated; and direct staff to deposit the sm of $9,739.00 into the Registry of the Court. SUBMITTED BY: -'/~l~n ~. Chadwell - Assistant County Attomey ,~i~ndficks, ~ ROW Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM REVIEWED BY: l,~orm Feder, Administrator; Transportation Division Date: /&/~,/0 v-. Date: Date: {2-- /~ - d 2, APPROVED BY: I~avid C. Weigel, County~ttomey Date: 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE No.: 02-1702-CA PARCEL: 129 VS. NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, et al., Respondents. / STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCEL 129 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, NAPLES EQUESTRIAN CHALLENGE INC., by and through its undersigned counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel No. 129, and it appearing to the Court that the parties are authorized to make such motion and that proper notice has been given all parties claiming or having an interest in the real property described as Parcel 129, and the Court being fully advised in the premises and finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, NAPLES EQUESTRIAN CHALLENGE INC., it is, now, therefore, ORDERED AND ADJUDGED that: hereof. This Court has jurisdiction of this cause, the parties hereto and tl % 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is.being acquired for a public purpose, and the taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. 4. The Amended Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal. 5. Petitioner has deposited into the Court Registry the total amount of Fourteen Thousand and 00/100 DOLLARS ($14,000.00) as the good faith estimate of value as set forth in Petitioner's Amended Declaration of Taking for Parcel 129. 6. Respondent, NAPLES EQUESTRIAN CHALLENGE INC., will recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seventeen Thousand Five Hundred and No/100 Dollars ($17,500.00) for Parcel No. 129 as full compensation for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel. 7. Respondent, NAPLES EQUESTRIAN CHALLENGE INC., will receive from Petitioner as a reasonable attorney's fee the sum of Four Thousand and No/100 Dollars ($4,000.00), as a reasonable engineering fee the sum of Seven Hundred Twenty and No/100 Dollars ($720.00), and as a reasonable appraisal fee the sum of One Thousand Five Hundred Nineteen and No/100 Dollars ($1,519.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 129. 8. Petitioner shall deposit an additional Nine Thousand Seven Hundred Thirty Nine and No/100 Dollars ($9,739.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Order of Taking and Final Judgment. 9. The Clerk of this Court shall disburse the total amount of Seventeen Thousand Five Itundred and No/100 Dollars ($17,500.00) to Respondent, NAPLES EQUESTRIAN CHALLENGE CENTER, INC., c/o Dominique C. Rihs, 5131 Sunbury Court, Naples, Florida 34104-4731, less any amounts previously paid for the benefit of Respondent, NAPLES EQUESTRIAN CHALLENGE INC., and any amounts due the Collier County Tax Collector for real estate taxes. 10. The Clerk of this Court shall disburse the total amount of Four Thousand and No/100 Dollars ($4,000.00) to Charles R. Forman, Esquire, Forman, Hanratty & Montgomery, P.O. Box 159, Ocala, Florida 34478, for attorney's fees pursuant to Section 73.092, Florida Statutes. 11. The Clerk of this Court shall disburse the total amount of Seven Hundred Twenty and No/100 Dollars ($720.00) to Tipton Associates Incorporated, 760 Maguire Boulevard, Orlando, Florida 32803-3751, for reasonable engineering fees pursuant to Section 73.091, Florida Statutes. 12. The Clerk of this Court shall disburse the total amount of One Thousand Five Hundred Nineteen and No/100 Dollars ($1,519.00) to Florida Real Estate Analysts, Inc., Attn: Gary M. Pendergast, President, 425 West Colonial Drive, Suite 101, Orlando, Florida 32804, for reasonable appraisal fees pursuant to Section 73.091, Florida Statutes. 11. Upon entry of this order, all right, interest and title to Parcel No. 129, being fully described in Exhibit "A," which is attached hereto and incorporated herein, will vest in Petitioner. ' ' 12. The sidewalk shown in Exhibit "B" attached hereto will be constructed by Petitioner as part of the Goodlette Frank Road project. Respondent, NAPLES EQUESTRIAN CHALLENGE INC., will not be required to make contribution towards or install the sidewalk along Center Street as part of its final site plan approval with Petitioner. 13. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3028, Page 1242 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel No. 129. 14. This Stipulated Order of Taking and Final Judgment shall supersede and replace the previous Order of Taking as to Parcel 129 entered by this Court on August 28, 2002 and is to be recorded in the Official Records of Collier County, Florida. 15. This Court hereby reserves jurisdiction to enforce the terms of this Order. DONE AND ORDERED in Naples, Collier County, Florida, this day of January, 2003. Conformed copies to: Ellen T. Chadwell, Assistant County Attorney Charles R. Forman, Esquire E. Glenn Tucker, Esq. Bookkeeping Ted Brousseau Circuit Court Judge JOINT MoTIoN FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCEL 129 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Order of Taking and Final Judgment as to Parcel 129. Dated: Dated: CHARLES R. FORMAN, ESQUIRE Florida Bar No.229253 Forman, Hanratty & Montgomery P.O. Box 159 Ocala, Florida 34478 (352) 732-3915- Phone (352) 351-1690- Facsimile Attorney for Respondent, Naples Equestrian Challenge, Inc. ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Collier County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Joint Motion for Stipulated Order of Taking and Final Judgment as to Parcel 129 has been furnished via U.S. Mail to E. Glenn Tucker, Esq., Post Office Box 887, Marco Island, Florida, 34146, this ~ day of January, 2003. ELLEN T. CHADWELL PROJECT PARCEL NO. :__ 129 -- TAX PARCEL NO. : ~.~,~j~ £or 2 FEE SIMP~ I~REST. LOT 20 / GRAPHIC SCALE / 1 inch -, 100 fL JAN 2 8 2O03 // , / LEGE¢;D: O.R. PG. P.C.P, //- // // // I CENTEX HOMES O,R. 2262, PG. 20~'3 IND,CA1ES O4:FICIAL RECORDS INDtCATES PAGE INDICATES PERUANENT CONmOL POdlIT // NO,~$: 2. 0EARINO5 SHOV,~ li[flEON ARE ~EITE-FRANK RO~ ~OI HAS A / 3. ~CT ~0 E~E,TS. RE~tV~B~4S ~ RESI~CTIO~S ~ 4, HOT V~D ~T~T SIILLT 2 ~ 2. SKETCH AND DESCRIPTION ~,EC ON 10, TOWNSHIP 49 SOUTtt, RANGt~ 25 EAST COLLIER COUNTY, FLORIDA dOHN ENGINEERING. INC, ENe411EERI, IlIJRVi~C~ql ~ E¢OU~IS'T! 4-Or 2531.3 10-46-2,5 I' - 100' I OF' 2 PRoJEcT JdO. : 60134. PROJECT PARCEL NO. : 129 TAX PARCEL NO. :~o ~ SIMPLE INTEREST DESCRIPTION: PARCEL 129 A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 6.00 FEET OF THE EAST 24.9.00 FEET OF LOT 21 OF BLOCK "1" OF 'PINE RIDGE SUBDIVISION" AS RECORDED IN PLAT BOOK 3, PAGE 24 CF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.0.34 ACRES OF LAND, MORE OR LESS. ~ SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOU'[H, RANGE 25 EAST COLLIER COUNTY, FLORtDA k ~ U,~TCH EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENT TEMPLE GROVE PARTNERSHIP, JOHN A. PULLING, TRUSTEE, A/K/A TEMPLE CITRUS GROVE, A PARTNERSHIP, FOR BUSINESS DAMAGES TO PARCEL NO. 104 IN THE AMOUNT OF $3,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN A. PULLING, JR., TRUSTEE OF A LAND TRUST DATED JANUARY 2, 1992, ET AL., CASE NO. 02-1908-CA (LIVINGSTON ROAD PROJECT; PINE RIDGE ROAD TO IMMOKALEE ROAD). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondent, Temple Grove Partnership, John A. Pulling, Trustee, a/k/a Temple Citrus Grove, a partnership ("Respondent"), in the amount of $3,000, as full compensation, excepting attorneys fees and costs, for their business damages and all other claims arising out of the condemnation of Parcel No. 104 in Collier County v John A. Pulling, Jr., Trustee of a Land Trust Agreement dated danuary 2, 1992, et al., Case No. 02-1908-CA. CONSIDERATIONS~,, By Warranty Deed dated June 13, 2002, Collier County acquired the fee simple interest in Parcel No. 104 from the owner, John A. Pulling, Jr., as Trustee of a Land Trust Agreement dated January 2, 1992, for the sum of $770,400. The Purchase Agreement underlying this transaction specifically excluded any claims the Owner might have for business damages. The Respondent has claimed business damages in the sum of $207,100 as a result of this taking. The Offer of Judgment, a copy of which is attached, offers the Respondent the sum of $3,000 as full compensation for its business damages, but does not include attomey's fees or other such costs. This figure is based on a draft business damage report prepared by David A. Salverson on behalf of the County. The making of the Offer of Judgment will require the Respondent to carefully assess its claims for compensation. Respondent will have thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit $3,000 into the registry of the Court, which will be paid to Respondent by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $3,000 for business damages, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for business damages. This office considers the terms of the Offer of Judgrnent to be reasonable. ~SCAL IMPACT:, Funds in the amount of $3,000 are available in the FY 03 adopted budget. ~x,~ Source of funds are Gas Taxes and Impact Fees. ___...___- GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. Approve the terms of..the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $3,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY~c~ F. As~ton - - ~'- ~.*, U Assistant Cou, pty Attorney REVIEWED BY. //~evin i~f~cks, [~,// ROW Ac~quisition Manager REVIEWED BY: REVIEWED BY: APPROVED BY: Date: Transportation/RO7 , /~,~ C~/ Date: ~reg~ Strakaluse, Director Transportation/ECM //~ ' Date: Trrsportation Division David C. Weigel, C'ount/~'~ttomey 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-1908-CA Parcel No.: 104 VS. JOHN A. PULLING, JR., Trustee of a Land Trust Agreement dated January 2, 1992, et al, Respondents. OFFER OF JUDGMENT TO: Dale A. Bmschi, Esquire RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A. 200 East Br°ward Boulevard, 15th Floor P.O. Box 1900 Fort Lauderdale, FL 33301 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, TEMPLE GROVE PARTNERSHIP, John A. Pulling, Trustee, a/k/a TEMPLE CITRUS GROVE, a parmership ( Respondent ), for all compensation relating to business damages, and any other claims of Respondent, TEMPLE CITRUS PARTNERSHIP, John A. Pulling, Trustee, a/k/a TEMPLE CITRUS GROVE, a pg._ q7 -- partnership, arising out of the taking of Parcel No. 104, in the total amount of TtlREE THOUSAND and No/100 Dollars ($3,000.00), for Parcel No. 104. There are no non-monetary terms or other relevant conditions to this offer except that this t offer does not include interest from the date of the Order of Taking or attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this __ day of January, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to: Dale A. Bmschi, Esquire, RUDEN, McCLOSKEY, SMITH, SCHUSTER & RUSSELL, P.A., 200 East Broward Boulevard, 15th Floor, P.O. Box 1900, Fort Lauderdale, FL 33301, on this __ day of January, 2003. HEIDI F. ASHTON, ESQU: EXECUTIVE SUMMARY VA-2002-AR-2848, RICHARD D. YOVANOVICH, OF GOODLETTE COLEMAN & JOHNSON, P.A., REPRESENTING M.L.S. OF NAPLES, INC., REQUESTING A 6.1 FOOT VARIANCE FROM THE REQUIRED 10 FEET TO 3.9 FEET FOR AN EXISTING SIGN, AND A 2.2 FOOT VARIANCE FROM THE REQUIRED 5 FEET TO 2.8 FEET FOR AN EXISTING FLAGPOLE, FOR PROPERTY LOCATED AT 1455 PINE RIDGE ROAD LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 6.1-foot variance from the required 1 O-foot setback for an existing sign to 3.9 feet and a 2.2-foot variance from the required 5-foot setback for an existing flag pole to 2.8 feet, due to a right-of-way taking. CONSIDERATIONS: The subject encroachment was caused by the taking of a strip of land by Collier County, for use as right-of-way for Pine Ridge Road. Since a taking caused the encroachments, both the sign and the flagpole have become legal non-conforming structures. The sign and flagpole could remain in their current location without a variance, until the property is redeveloped at some time in the future or until a change is made to the sign. The sign currently contains copy for First Baptist Church Annex (the church has relocated), therefore, the sign will require a change in copy in the near future and that will require that the sign be relocated. An analysis by the Transportation Services Department revealed no increased safety concerns resulting from the location of the sign and flagpole. An agreement was reached between the property owner and Collier County regarding the taking of land for right-of-way. The agreement requires the property owner to request a variance. FISCAL IMPACT: In the attached Purchase Agreement, paragraph 3c states: "In the event that the setback variance sought by Owner pursuant to Paragraph 3 is denied for any reason, Purchaser and Owner shall negotiate the amount of damages due to the loss and/or relocation of the signage structure and flagpole in an amount not to exceed $100,000." However, fiscal impact is not a criterion considered in the analysis of a va Planning Staff. mnce petition by JAN 2 8 2003 GROWTH MANAGEMENT IMPACT: Approval of this variance"will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: The site immediately adjacent to Pine Ridge Road. There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental AdvisoD' Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition on January 2, 2003. The Commissioners heard the Staff presentation and a presentation by the petitioner. The CCPC debated the proposed variance and various alternatives. The Planning Commission voted 8 to 0 to forward the petition to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance, and the granting of the variance would increase the "longevit3," of a non-conforming sign and flagpole. However, the encroachment was caused by a governmental taking, not as a result of action by the petitioner. The sign & flagpole have existed in this location since 1993 with no known detrimental effects to neighboring properties. Transportation Services staff found minimal safety concerns, since this property will be the beginning of a mm lane, not a travel lane. If the variance is approved, the sign and flagpole will remain in the existing location, after redevelopment of the site or change of sign copy. For these reasons Planning Services staff recommended that the CCPC forward Petition VA-2002-AR-2848 to the BZA with a recommendation of approval. 2 JAN 2 8 2003 PREPARED BY: FRE~L~SCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: i //X~USAN MURRAY, AICP · CURRENT PLANNING MANAGER MARGA ~l~fl' WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOJ~F/PH K. SCHMITT DATE' c,.OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR // e~e'cutive summaD'/VA-2002-AR-2 fl48 3 JAN 2 8 2003 ,,,.3 TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DECEMBER 17, 2002 PETITION VA-2002-AR-2446 AGENT/APPLICANT: OWNER: AGENT: MLS of Naples, Inc. 1455 Pine Ridge Road Naples, FL 33942 Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests a 6.1-foot variance from the required 10-foot setback for a sign to 3.9 feet and a 2.2-foot variance from the required 5-foot setback to 2.8 feet for a flagpole. The sign and the flagpole currently exist on the property. GEOGRAPHIC LOCATION: The subject property is located at 1455 Pine Ridge Road. It is located on the north side of Pine Ridge Road, between Goodlette-Frank Road and the entrance to Pine Ridge Middle School. JAN 2 8 2003 PURPOSE/DESCRIPTION OF PROJECT: The subject encroachment was caused by the taking of a strip of land by Collier County. for use as right-of-way for Pine Ridge Road. Since a taking caused the encroachments, both the sign and the flagpole have become legal non-conforming structures. The sign and flagpole could remain in their current location without a variance, until the property is redeveloped at some time in the future or until a change is made to the sign. An agreement was reached between the property owner and Collier County regarding the taking of land for right-of-way. The agreement requires the property owner to request a variance. SURROUNDING LAND USE AND ZONING: Subject: MLS of Naples; zoned C-1 Surrouhding: North - East - South - West - Pine Ridge Middle School: zoned A 24-Hour Club and First Baptist Church of Naples (currentl)' seeking a rezone to Mission Square PUDI: zoned C-I Pine Ridge Road ROW. across which are single-faro:l) homes: zoned PUD (Moorings Park Estates PUD) North Naples Fire District: zoned C-i and undeveloped land: zoned PUD (Pine Ridge Commons PUD) PUD PINE RIDGE COMW~ONS % 1"31 / NORTH NAP~ ~'~ RRE STATION ! · ~e I I ! FIESTI~ BAPTIST EDUCATIONAL FACIUTY, JAN 2 8 2003 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory, to the BZA and utilizes the provision~ of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist thc Commission in making a determination. Responses to the items in Section 2.7.5.6 are a~ follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building invoh'ed? Yes. The parcel was reconfigured as a result of a taking of land for road right-of-wa.x. Prior to the taking, the signs were erected in accordance with the required setbacks. The signs became non-conforming as a result of the taking. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the properS', which is the subject of the variance request? Yes. The parcel was reconfigured as a result of a taking of land for road right-of-way. e Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The sign currently is configured for the neighboring church, which no longer utilizes the parcel. Therefore, as soon as a new tenant moves into the building, the sign copy will be changed, thus requiring the sign to meet setbacks from the new right-of-way line (which will require demolition and rebuilding of the monument sign). JAN 2 8 2003 Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. There are existing buildings on the site and the sign and flagpole currently exist on the parcel and would be permitted to remain until the site is redeveloped or the sign copy is changed. 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, the granting of this variance will allow the petitioner to keep a sign and flagpole in the same location after a right-of-way taking (the same as other parcels subject to a taking). However, the variance would allow these structures to remain in their existing location after the property is redeveloped. e 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 other~'ise detrimental to the public welfare? Yes. The granting of this variance will allow the petitioner to keep a sign and flagpole in the same location after a right-of-way taking (consistent with the Land Development Code). However, the"variance would allow these structures to remain in their existing location after the property is redeveloped (Section 2.5.10.3 states that all non-conforming signs shall be brought into full compliance as part of any changes requiring a building permit) or when sign copy is changed. Regarding the public welfare, if the property were redeveloped without a variance, the Land Development Code would require the sign and flagpole to be brought into compliance with current codes. That provision would move the structures farther from the travel lanes. possibly decreasing the risk of a collision. 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. The sign and flagpole are visible from Pine Ridge Road. JAN 2 8 2003 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this variance, and the granting of the variance would increase the "longevity" of a non-conforming sign and flagpole. However. the encroachment was caused by a governmental taking, not as a result of action by the petitioner. The sign & flagpole have existed in this location since 1993 with no known detrimental effects to neighboring properties. Transportation Services staff found minimal safety concerns, since this property will be the beginning of a turn lane, not a travel lane. If the variance is approved, the sign and flagpole will remain in the existing location after redevelopment of the site or change of sign copy. For these reasons Planning Services staff recommends that the CCPC forward Petition VA-2002-AR-2848 to the BZA with a recommendation of approval. JAN 2 8 2003 PREPARED BY: F~~S' ISCHL, AIC ' ~_~p~ PRINCIPAL PLANNER DATE REVIEWED BY: PLANNING MANAGER MARGAREJ/~STLE, A~CP p O RVICES rmu C OR //- DATE DATE APPROVED BY: & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: VA-2002-AR-2848 Collier County Planning Commission: KENNETH L. ABERNATHY, ~[HAIRMAN 6 JAN 2 8 2003 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assi[med: VA-2002-AR-2848 PROJECT #2002070006 - DATE: 7/16102 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: M.L.S. of Naples, Inc. 1455 Pine Ridge Road, Naples. Florida 34109 Telephone: 941-597-1666 Agent's Name: Agent's Address: Richard D. Yovanovich, Esquire 4001 North Tamiami Trail, Suite 300, Naples, Florida 34103 Telephone: 941-435-3535 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 P~ JAN 2 8 2003 il' Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address .. City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Section 10 Twp. 49S City State ~ Zip Unit Lot (s) Block (s) Range 25E Property I.D. # 00239960005 Metes & Bounds Description: See Attached Application for Variance Petition - 8/98 JAN 2 8 ZOO3 P.ge of~ I~- Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: C-1 Adjacent Zoning & Land Use: ZONING LAND USE N PU Pine Ridge Middle School S PUD Residential W PUD E C-1 (CU) Pine Ridge Commons and North Naples Fire Station Existing Church Minimum Yard Requirements for Subject ProperS': Front: 25' Comer Lot: Yes [] No X Side: 15' Waterfront Lot: Yes [-'-] No X Rear: 15' Application for Variance Petition - 8/98 JAN2§ 20~3 I Page ofS~' l~'~ 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 ~)wner 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. As a result of Collier County's acquisition of Right-of-Way for the expansion of Pine Ridge Road, the existing sign and flagpole on the Petitioner's property became non-conforming. As part of the Purchase Agreement in which the Petitioner agreed to convey the right-of-way to Collier County, the County acknowledged that a setback variance for both the sign and flagpole must be obtained by the Petitioner. In the event the appropriate variance is not obtained, the Petitioner will be required to relocate the sign and flagpole and the County will be required to pay additional compensation to the Petitioner. Application for Variance Petition - 8/98 Pag Please note that staff and the Collier County Planning ComnUssion shall be guided m their recorcanendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided m 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. The County's acquisition of right-of-way for expansion of Pine Ridge Road caused the existing sign and flagpole to become a non-conforming structure. 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. Colher County's acquisition of road right-of-way caused the need for this Petition and the need for this Petition is not a result of any action by the Petitioner. 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, the existing facilities will become non-conforrmng and cannot be replaced in the event the structure is damaged or destroyed and the Petitioner would be required to relocate these facilities on other property owned by the Petitioner resulting in a financial hardship by the Petitioner. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or smacmre and which promote standards of health, safety or welfare. Yes. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or smacmres in the same zoning district. No, all of the property owners have the right to install signs and flagpoles in accordance with County regulations. The sign and flagpole meet all code requirements at the time that they were constructed. 6. Will granting the variance be in harmony ~-ith the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, the granting of this variance will 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. JAN282003 Application for Variance Petition - 8/98 Pag 5 ofj}~ } ~ No. 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. 8. Will granting the variance be consistent with the growth management plan. Yes. Application for Variance Petition - 8/98 1>9 JAN 2 8 2003 L Rece~veO: 6/27/2002 8:52; .>Goo~[ette~Co[eman,&Jonnson,PA; #417; Page 2 Q-GRADY M[N6R 941992012975 06/27 '02 08:12 N0.151 02~02 2.8 FIRST PAPTIST . ~,~ ,.,~. .... PROJECT NO. :_ 60154 .-~ PROJECT pARCEL NO. : ~ TAX PARCEL NO. :~o~' HQO'4S'24'W PINE RIDGE ROAD ..... ~ -- (P. G4JN~ I1~'"~. lee) Hflg'32'12'E 96&S2' -r nOfl'y £ ~ (for ~e rl~.m LJJe42) Prot~.d~ond Lad Surv~cr Dote Si~e~ ~-?~q ~' Hot vdld w~U~'~-U~o ~flqtUre end Ihe MJg~nol raised ,.d o, · ,,"*do L~...., S...~ .. GRAPHIC SCALE !Snch - PO0 fL LEGEND: O.R. P J(. P.C.P. INDICA,rES OFFICIAL RECORDS INDICATES pARKER-KALON INDICATES PERMANENT CON1ROL POINT SKETCH AND DESCRIPTION SECTION 10, TOWNSI41P 49 SOUTH, RANGE 25 E, COLLIER COUNTY, FLORIDA 3-01 2S313 IO-48-25 I' - 20~' iN 28 2003 BEARINGS BASED ON THE SOUTH BOUNDARY OF SECTION 10 BEING S. 89' 05' 28" W., PER ROAD PLAT BOOK 2, PAGE 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DESCRIPTION: AS FURNISHED BY CLIENT From the Southeast corner of Section 10, Township 49 South, Range 25 E~st, Collier County, Florida, run Westedy along the South line of said Section 10, for 1300.00 feet to the Point of Beginning; thence run Northerly pareltel with the East line of said Section 10, for ~50.00 feet; thence Westerly, parallel with the South line of said Section 10, for 245.00. feet; thence Southerly, parallel with the East line of said Sectlon 10, for 850.00 feet to the South line of sold Section 10; thence Easterly, along said South Itne, for 245.00 feet to the Point of Beginning. Lees and except S.R. S-51 Right- of- Way. CERTIFICATION I HEREBY CERTIFY TO: NAPLES AREA BOARD OF REALTORS, INC,. THAT A SURVEY OF THE HEREt~N DESCRIBED PROPERTY WA9 MADE UNDER MY DIRECTION AND THAT TO THE BEST OF MY KNOWLEDGE, BELIEF', AND'INFORMATION; MEETS ' ~" THE MINIMUM TECHNICAL STANDARDS PER CHAPTER 21HH-6 OF THE FLORIDA ADMINISTRATIVE .CODE. ' j~. . ,PLS ROBERT a. BORSf~K, PL$ NO. 4474' FLORIDA REGISTERED SURVJ[YOR ~ DATE SURVEYOR' S NOTES THIS CERTIFICATION IS ONLY FOR THE LANDS AS DESCF HEREON; IT IS NOT A CERTIFICATION OF TITLE, ZONING j FREEDOM OF ENCUMBRANCES. THIS CERTIFICATION NOT VALID UNLESS IMPRINTED WlT~ . '~:.' · ~',i 2:,.'~.'~L~':~:'~:,T~;~~'~-''-'~:~-''~='. ':'-~'~"~""'"" BEd~4N _2 § 2003 Map Output Page I of 1 JAN 2 8 2003 http://gis.c~~~ierappraiser.c~m/serv~et/c~m.esri.esrimap.Esrimap?ServiceName=ccpa-design... 6/18/02 . "Division of Corporations Page 1 of 2 Florida Profit M.L.S. OF NAPLES, INC. PRINCIPAL ADDRESS 1455 PINE RIDGE ROAD NAPLES FL 33942 Changed 08/01 / 1985 MAILING ADDRESS 1455 PINE RIDGE ROAD NAPLES FL 33942 Changed 08/01 / 1985 Document Number FEI Number Date Filed 355116 591279745 11/10/1969 State Status Effective Date FL ACTIVE NONE Last Event RESTATED ARTICLES Event Date Filed 05/22/1998 Event Effective Date 06/01/1998 Registered A ent Name & Address RICHARDSON, J. MICHAEL 1455 PINE RIDGE RD. NAPLES FL 33940 Name Changed: 03,/27/1986 I Address Changed: 03,'27/1986 Officer/Director Detail Name & Address Il Title 4001 TAMLAM1 TRAIL N STE 265 T NAPLES FL 34103 DINACOLA, ALFRED J 3451 BONITA BAY BL #202 p BONITA SPRINGS FL 34134 JAN 2 8 2003 .../cordet.exe?a I =DETFIL&n 1 =355116&n2=NAMFWD&n3=OOOO&n4=N&r 1 =&r2=&r3=& l 1 / 14/2002 . ,Division of Corporations I i- ~,tLo~4. j^MES ^ II Annual Page 2 of 2 Previous Filing Return to List I View Events No Name History Information Next Filing Document Images Listed below are the images available for this filing. 65/27/2002 -~ COR - ANN REP/UNIFORM BUS REP_ )~5/16/2001 -- ANN REP/UNIFORM BUS REP 8/0..2/2000 -- ANN REP/UNIFORM BUS REP 06/30/1999 -- ANNUAL REPORT ~5i22/199__ 8 - Restated Pu-ticles D5/18/1998 - ANNUAL REPORT 0_5/09/1997 -- ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?al =DETFIL&n I =355116&n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=&r3=& 11 / 14/2002 COLLIER COUNTY GOVERNMENT DMSION OF SUPPORT SERVICES 3301 E. TAMIAMI TRAIL REAL PROPERTY MANAGEMENT DEPARTMENT December 19, 2001 NAPI-I::.S, FL 34112 PHONE (941) 774-8991 FAX (941) 774-8876 e-mail:, keithgomez @colliergov.net CERTIFIED RECEIPT NO.: 7000-0520-0016-1398-9308 RETURN RECEIPT REQUESTED '.... Raymond J. Bowie, Esquire cio M.L.S. of Naples, Inc. 900 Sixth Avenue South, Suite 104 Naples, Florida 34102 RE: Goodlette-Frank Road Right-of-Way Acquisition -Project No. 60134, Parcel No. 127 Dear Mr. Bowie: As you were previously notified, Collier County is in the process of acquiring fight-of-way and such other easements as are necessary to construct the above-referenced project. In order to proceed with construction as planned, a determination has been made that Collier County needs to acquire from M.L.S. of Naples, Inc. a fee interest in the parcel of land shown on the enclosed legal description and sketch. Through negotiations between representatives of M.L.S. of Naples, Inc. and this Department, it was t~ntatively determined that the fee-simple property, which is identified on the attached legal description and sketch, would be conveyed to Collier County, at no cost to the County. The County would, howeve~ compensate M.L.S. of Naples, Inc. for the improvements located on the parcel to be acquired. Furthermore, it was determined that this Department would support M.L.S. of Naples, Inc. in its' application for a variance from Collier County's Land D~v¢lopment Code, relative to the setback codes for the adjacent signage structure. It is also being re, commended that Collier County would provide compensation for this process to be undertaken. The attached Purchase Agreement has been crafted, taking into consideration the' conditions and values stated herein. The improvements locat~d on the parcel have been evaluated by a certified real __ _estate appraiser licensed ia the State of Florida. The following is a summary of the appraiser',~[ op~..nt~r~ll~ ~ compensation for the improvements: JAN 2 8 2003 · December 19, 200 l Page 2 Asphalt Driveway (400 s?'@ $1.50 / sf): Hedge (53' ~'$15.00 / ft) Sodded Area 2 560 sf @ 0.50 / s Total Cost New: $ 600 $ 800 $2,680 · (The effective depreciation of 25 %, based on the economic useful life, has not been considered in preparation of the Purchase Agreement. The value of the improvements enumerated in the Purchase Agreement is the full cost, as if new.) ff the terms and conditions, as presented in the Agreement, are acceptable to M.L.S. of Naples, Inc., please have the Agreement executed by the appropriate individual and returned at your earliest convenience. Please be advised that .the attached Purchase Agreement is subject to the approval of the Board of County Commissioners. Please do not hesitate to contact me regarding the parameters of the project or thc Purchase Agreement. Our office is open .between thc hours of 8:00 a.m. and .5:00 p.m., Monday through Friday. You may reach me at 774-8845. Sincerely, Sr. Property Acquisition Specialist Enclosures as stated Cc: ~AI-Ruth' proje~ 1Vlanager, TECM, w/out enclosures Heidi F. Ashton, Assistant County Attorney w/out enclosures Susan Murray, Current Planning Manager, Planning Services w/out enclosUres JAN 2 8 200B Project: Goodlette-Frank Road/60134 Parcel No: MLS/127 Folio No: 00239960005 PURCHASE AGREEMENT THIS PURCHASE AGREEI~IENT (hereinafter referred to as the 'Agreement') is made and entered into this .~day of /7'J~nt~J~j ,20.0~by and between M.LS. OF NAPLES, INC., a Florida corporation (hereinafter referred to as 'Owner'), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as 'Purchaser'); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit 'A* (hereinafter referred to as the 'Property'), which' is attached hereto and made a part of this Agreement; WHEREAS, Owner has agreed to convey the Property to Purchaser in accordance with the terms and conditions set forth herein; WHEREAS, Purchaser has agreed to compensate Owner for the improvements located on the Property; WHEREAS, Owner will be required to apply for a setback variance from the County's Land Development Code, relative to a signage structure and flagpole owned by Owner and located adjacent to the Property; and WHEREAS, Purchaser has agreed to compensate Owner for reasonable attorney's fees and application costs and expenses associated with the request for the signage structure and flagpole setback variance, as stated herein, in an amount not to exceed 10,000.00; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the fee-simple rights in the Property to Purchaser pursuant to the terms of this Agreement. Owner shall be compensated for the improvements located on the Property for the sum of $3,555.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. The Owner accepts the above payment as full compensation for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken and for all other damages in connection with said Property, including any appraisal fees, attorney fees and costs provided by Chapters 73 and 74, Florida Statutes. Owner will be required to apply for a setback variance from the Count, s Land Development Code, relative to a signage structure and flagpole owned by Owner and located adjacent to the Property. owner shale apply for a setback variance, as stated herein, within ninety (90) days of the recording of the conve~,ance of the Property to the Purchaser. (Owner shall provide written notice and setback variance application to the Real Property Management Dep~ a) Purchaser shall reimburse Owner for reasonable attome application costs associated with the request for the signage Purchase Agreement Page 2 o flagpole setback variance, in an amount not to exceed $5,000.00. In the event Collier County. requires the Owner to incur fees or expenses in .' conjunction with the variance application other than attorney's fees and application fees, including but not limited to surveying or engineering costs, Purchaser shall reimburee Owner in the amount of any such other fees or expenses in an amount not to exceed $5,000.00. b) In accordance with the said application for the signage and flagpole setback variance, Owner shall request in writing reimbursement from Purchaser of any and all reasonable attorney's fees, application costs and reimbursable fees or expenses stated herein, within one (1) year following the recording of the conveyance of the Property to the Purchaser. Owner shall provide accompanying documentation with request for reimbursement to substantiate anY and all charges and costs. In the event that Owner shall apply for and diligently pursue the said variance application but the processing thereof extends beyond the aforesaid one (1) year period, Owner shall not thereby forfeit any of the foregoing rights to receive' reimbursement, and the time allowed for submission of reimbursement shall be extended until completion of the vadance proceeding. c) In the event that the setback variance sought by Owner pursuant to Paragraph 3 is denied for any reason, Purchaser and Owner shall negotiate the amount of damages due to the loss and/or relocation of the signage structure and flagpole in an amount not to exceed $100,000.00. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution Of such Instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranfic~s, or covenants not contained herein. owner is aware and understands that the 'offer' to purchase represented by this Agreement ia subject to acceptance and approval by the Boaud of County Commissioners of Collier County, Florida. To the best of the Owner's knowledge and without investigation, no hazardous substances have been generated, stored, treated or transferred o except as specifically disclosed to the Purchaser; that the knowledge of any spill or environmental law Violation on any to or in the vicinity of the Property to be sold to the Purchaser, that not received notice and otherwise bas no knowledge of a) Owner has Pumhase Agreement Page 3 o 10. 11. 12. 13. Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Properly. This provision shall survive Closing and Is not deemed satisfied by conveyance of title. Owner shall Indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 8. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Slatutes.) This Agreement is governed and construed in accordance with the laws of the _ State of Florida. JAN 2 8 2003 Purcha. se Agreement Page 4 IN WITNESS WHEREOF,. the parties hereto have executed this Agreement on this ~j.~. day of '-~J~.e.L~ . ,20e~.,. Date Property acquisition approved by BCC: ~.j~/o ,200./_ AS TO PURCHASER: AS TO OWNER: Wit nes s,(Sig~3~tuze) ~j~/3~ Name: (.-~)~/~ ~c. ~(Print or T~e) ~itness~ignature) ~ Name: (PHnt or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~n BY: M.L.S., OF NAPLES, INC., a Florida corporation Presidji~t/~ Print or Type Name and Title 1455 Pine Ridge Road Naples, Florids 34109 Approved as to form and legal sufficiency: ~eidi F. A'shton Assistant County Attorney PROJECT NO. : PRO,ECT PARCEL NO. : 127 TAX PARCEL NO. : ~.O.g~.~Lg O PINE RIDGE ROAD .Po/~ OF GRAPHIC SCALE · ~00' O' 100' ( m r~.z~ ) I inch - 200 fL NO TES: I. ~ IS NOT A SURly. 2. BEARINGS *SNOM4 HEREON AIK BASED THE SOUTH UHE OF S~CIIO~ I0 tM4ICH HAS A BE~qlNG C3~ N. gr32'12' F... 3. SL~CT TO [ASEME~T~. RF~VATI~qS ·~ REST/~¢lI~N$ OF REC~D. 4. NOT VALIO!Mll~OUT ~qE:LrT ~, OF 2.. LEGEND: O.R. INOICATES P.K, IHDICAI'[S P.C.P. INDICATES PER 'SKETCH AND D SECTION 10, TOWNSHIP 49 COLUER COUN 1'~ JOHNSON ENGINEERING, /NC. UIIIIIEERI, IURVEI'ORI MID · ~m 1"'"~,;~ I'?,,_ .... I".. I~ROJECT NO. : ~GI34 " PROJECT PARCEL NO. : 127 DESCRIPIION: PARCEL 127 EXT.flOIT'- A PARCEL OF' LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST OUARTER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'32'12" EAST ALONG THE SOUTH LINE OF' SAID SECTION 10, A DISTANCE OF 968.62 FEET; 'THENCE RUN.~NORTH 00'27'48" WEST, A DISTANCE OF 54.58 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. B96); I~ROM SAID POINT OF BEGINNING. RUN NORTH 00'46'24" WEST ALONG THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522 OF THE PUBUC RECORDS OF COLLIER (~OUNTY, FLORIDA, A DISTANCE OF 17.47 FEET; THENCE RUN SOUTH B7'Oi'33" EAST, A DISTANCE OF 119.15 FEET; THENCE RUN SOUTH' 87'57'15" EAST, A DISTANCE OF 126.26 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522; THENCE RUN SOUTH 00'46'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 8.69 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'33'10" WEST ALONC SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.06 FEET TO THE, SAID POINT OF BEGINNING. CONTAINING 0.071 ACRES OF LAND, MORE OR LESS, SKETCH AN SE(~TION 10o TOWNSHIP 3-01 JAN 2 8 2003 -SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOH INC. £NeINr. ERI, IURVB'YORI ~ I~llrTl 28313 10-40-25 2 fir ') RESOLUTION NO. 03- RELATING TO PETITION NUMBER VA-2002- AR-2848, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, thc Legislature of thc State of Florida in Chapter 125, Florida Statutes, has confm-red on all counties in Florida t~e power to ~tablish, coordinate and enforce zoning and such business regulations as arc necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of thc County, among which is the graining of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing alter notice as in said regulations made and provided, and has considered the advisability of a 6. l-foot variance from the required setback of 10 feet to 3.9 feet for an existing sign, and a 2.2 foot variance from the required 5 feet to 2.8 feet for an existing flagpole as shown on the attached plot plan, Exhibit "A", in a "C-1" Zone for thc property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for thc 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, THEREFOR,E BE IT RESOLVED By The Board Of Zoning Appeals Of Collier County, Florida, that: The Petition VA-2002-AR-2848 filed by Richard D. Yovanovich of G-oodlctte Coleman and Johnson, P.A., representing M.L.S. of Naples, Inc., with respect to the property hereinafter described as: (Exhibit "B") be and thc same hereby is approved for a 10-foot variance from the required scthack of 10 feet to 3.9 feet as shown on thc attached plot plan, Exhibit "A", of the 'C-1" Zoning District wherein said property is located, subject to the following conditions: BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-4828 be recorded in the minutes of this Board. JAN 2 8 2003 located, subject to the following condition: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-4828 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of _ ,2003. ATTEST DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNIN~CI-iAIR~N Approved as to Form and Legal Sufficiency: Maxjori0~M. Student Assistant County Attorney JAN 2 02/02 OP NAPLES EXHIBIT "A" BEARINGS BASED ON THE sOUTH BOUNDARY OF SECTION 10 BEING S. 89' 05' 2B" W., PER ROAO PLAT BOOK 2, PAGE 58 OF THE PUBUC RECORDS OF COLLIER coUNTY, FLORIDA, I IPhe 5outneaet come Ag South. Fror~ t Collier County, Florida, run Weaterly oleg Range 25 Eoet, · of maid Section 10, for 1300.00 feet to the fhm South lin -'--~--rl" ,,arallel with the "' In · thenoe run m~rum · ~ Eaet I~e O~ ~?,a ~,~ "-e of maid S;ctl~ 10, for . ~th~y. paroll~ with the Ealt I~e of meld feet, th~oe S S~th line of maid Se~[l~ 10, for BSO.~ feet [o the 10; thenoe Eo,teHy, ~ong said South line, f~ 245.~ to the Poln~ of Beginning. Leea and exo~t S.R. S--31 Right- of- Way. CERTIFICATION I HEREBY CERTIFY TO: NAPLES AREA BOARD OF R£ALTOR~, INC,. y OF THE HEREC~I DEscRIBED PROPERTY THAT A SURVE ......... ~ ~AT TO THE BEST ' " UNDER MY DIREGllUre ~nu "' -.- ..---~- '-. A~ MAD.It. ,.: -. oWF MY KNOWLEDG£, BEUEF, .AND INFORMA 'THE MINIMUM TI[CHNICAL STANDARDS PER CHAPTER 21HH-6, OF THE FLORIDA ADMINISTEATIVI[ .CODE. ,PL$ ....... DATE : ROBERT d. E .. FLORIDA REGISTERED SUR~YOR L'~ II~VL~(OR' S NO~ '-- ' ~NDS AS'DES~B JAN 2 8 2003 HERE~; IT IS NOT A ~H FR~ / Sheet ! of 2 AVPLAT2002-AR3474 E~C~IVESUMMARY PETITION AVPLAT2002-AR3474 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 86, ACCORDING TO THE PLAT OF "MOON LAKE UNIT 5" AS RECORDED IN PLAT BOOK 23, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST. OBJ'EC~: To adopt a Resolution to vacate a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 86, according to the plat of "Moon Lake Unit 5." CONSIDERATIONS: Petition AVPLAT2002-AR3474 has been received by the Engineering Services Depa~haent from Gregory Urbancic, Esq., of Goodlette, Coleman & Johnson, as agent for the petitioner, Cayo Costa Associates, Ltd., requesting the vacation of a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 86. The Maintenance Easement is used for the purpose of providing access for maintenance of the adjacent lake. Maintenance of the lake is the responsibility of the Moon Lake Homeowner Association, Inc. A portion of the easement is being requested to be vacated because a small portion of the pool and pool deck was built into the Maintenance Easement and by vacating that portion of the easement, the house and the pool deck will no longer encroach into the Easement and will eliminate any title concerns. The building setback in the rear of the lots is 10 feet, so a variance is not needed. A letter of no objection was received from the Moon Lake Homeowner Association, Inc. Letters of no objection from Collier County Engineering Services and Collier County Stormwater Management were previously received for the vacation of a portion of the Maintenance Easement on Lot 88 and adopted by Resolution 2002-370. These Departments do not utilize this easement and have no objection to the vacation. Zoning is P.U.D. This Executive Summary was approved by Greg Garcia in Transportation on January 6, 2003 and by Jacquelyn Johnson in Public Utilities on January 3, 2003. JAN 2 8 Sh(~t 2 of 2 AVPLAT2002-AR3474 FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers' the County's cost of advertising, recording and processing the Petition. GROWTH MANAGE~NT IMPACT: There is no Growth Management Impact associated with this Executive Summary. PLANNING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2002-AR3474 for the vacation of a portion of the 20 foot wide Maintenance Easement along the rear of Lot 86, "Moon Lake Unit 5"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: I~- ic-.-~- .'~:/~'/~//~ Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director DATE: APPROVED BY: ; Jgsqth K. Schmitt, Admimstrator unity Development & Environmental Services D ATE://373 JAN 2 8 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2002-AR3474 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S 1]qTEREST IN A PORTION OF THE 20 FOOT WIDE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 86, ACCORDING TO THE PLAT OF "MOON LAKE UNIT 5" AS RECORDED IN PLAT BOOK 23, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLH~-R COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutea, Gregory Urbancic, Esq., of Goodlette, Coleman & Johnson, as agent for the petitioner, Cayo Costa Associates, Ltd., does hereby request the vacation of a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 86, according to the plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public he~ing to consider vacating a portion of the 20 foot wide Maint~ance Easement used to maintain an adjacent lake located along the rear of Lot 86, according to the plat of "Moon Lake Unit 5," as more fully described below, and notice of said public hearing to vacate was giw'n as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 20 foot wide Maintenance Easta~¢nt ar~ hereby vacated, extinguished, renounce~ and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached h/~K'eto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2003, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tom Henning , Chairman Approved as to form and legal sufficiency: Pa-tri~l~ O.XWhit¢, ~s~'., Assistant County Attorney JAN 2 2093 3/02 11:50 FAX 9416436968 .>Goo~Ze~e,Coleman,&,Jo~nBon,PA; COLLIER CO COMMUNITY DEV ~007 1 Attachment "B" Date Received: PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: Petitioner: Cayo Address: 1520 City/State: ~'~r c Costa Associates, Ltd. Royal Palm Square Boulevard, Suite 360 Telephone: 275-8029 Myers. Florida 33919 Zip Code: 33919 Agent: Goodlette~ Coleman & Johnson., P.A. Address: 4001 Tamtami Trail North, Suite 300 Telephone: 435-3535 City/State: Naples, Florida 34103 Zip Code: 34103 Address of Subject Property: 1093 Jardin Drive, Naples, Florida 34104 Location: Section, ~ Township ~) Range ~'~ Subdivision: Legal Description: Lot 86 Block Unit 5 Plat Book ,23 Page(s) 79 and 8C Reason for Reque-st: To vacate a portion of platted Lake Maintenance Easement Does this affect density? Current Zoning: ,, I hereby authorize Agent abOve to represent me for this petition: ~Zes Signature of Pctitioner Date - Print Name Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: O) (4) Community Development & Environmental Services Division Panning Services Department 2S00 North Horseshoe Dr. Naples, Fioflda 34104 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than n public corporation, indicate the name of flilCJ~lp ann! major stockholders. 1. If applicant is a partnership, limited partnership or other business enti~,, Indicate ~n. principals. ! List ail other owners. 1210212002 09:51 9412750648 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Flonda 33919 {239) 275-8029 Fax: (239) 275-0648 Cayo Costa Associates, Ltd. December 2, 2002 Mr. Kenneth B. Cuyler, Esquire Mr Gregory L. Urbanclc, Esquire 4001 Tamlam, Trail North Suite 300 Naples, FL 34103 Re: Vacation of a Portion of Platted Lake Maintenance Easement; Lot 116, Cayo Costa Dear Ken and Greg: This letter constitutes authorization for either of you, or any other attorney with the law firm of Goodlette, Coleman & Johnson, P.A., to file, process and/or represent our Company with respect to the petition to vacate a portion of a Platted Lake Maintenance Easement relating to Lot 86, Cayo Costa (Moon Lake Unit 5). Further, you are authorized to represent Cayo Costa Associates. Ltd. In all matters relating to the co-ordination of such Vacation petition on the agenda for the Board of County Commissioners of Colher County, Florida Sincerely, Cayo Costa Associates, Ltd. BY: Cayo Costa, inc., its General Partner Eric Miller, President JAN 2 8 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number I Date t Post Date ! Payment Slip Nbr 374253 i 12/5/2002 8:52:36 AMI 12/5/2002 'AR 3474 Appl Name: GOODLETTE, COLEMAN & JOHNSON, P.A. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 Proj Name: MOON LAKE LOT 86 Type: TAZ: 190 Subdiv Nbr: 1216 Project Nbr: 2002120010 Payor' GOODLETTE COLEMAN Fee Information Fee Code ! Description 12TRVC I REV ACCT/VAC EASEMENT-ROW GL Account 11313832032910000000 Total Amount !Waived $1000.00 I $1000.00 ' Payment Code CHECK Payments Account/Check Number 8707 Am°untI $1000.00 ! Total Cash $0.00 Total Non-Cash $1000.00 Total Paid I $1000.00 Memo: Cashier/location: GARRE3-r_s / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT JAN 2 8 2003 ,,,.8 FROH: 1ST RP1ER. TI'F~E IHS. 194148~-6~0~ ,- WarrantY' Dee?.. SD~CIa] - -~ ~ ~.-' """~'=. -. ~-~--~-~ ~,..~,~...,~. , ItlMdor, .M PAGE:002- · . e 0 jddrm P. i'). tb)t JIM, j&f,:KSONVILI.E:. I~1. ]Z'JJt STATS coum~ ids iMU ~i I~l~dyj~rw'l lif~ t~ __ al JAN MAh'-20-02 13:2~ FROM:iST AMER. TITLE INS. 194148~E~02 T0:941 4~5 1218 PAGE:OC 0P.: 2601 PG' 0227 ~cMMIy deKl~d i~ ~'42'44' Wc,1 don~ Iht South ~mer linc, a all,lance of ! .3? I .~0 ~K[ tn Ihe })mm o~ B~im~; Ih~cc ~(m,fiflg Northerly al~8 said linc, a dislRncc or I.~().?~ ~cc[; ihellcc No~h ~ce ~h ~°17'!6' Entl, a distance n; 120.')7 f~cl: lh~cc ~ou,h 19'2~'5:,' West, a dislancc I S.99 feet; ~hence Sarah 70'3r,'~7" Eut, 8 di~ancc ~ 40.(~) ¢~; yhc~cc N(~h I(J"235] ~ 8B041'~5' ~l. ~ die,cc o[]~1.67 ~: thence South 42;'01'21' Welt. a disease aim~ of 2~.6~ f~s: ih~cc S~h O1 * I ~'O5' E~%i,; ~lislance ni 110.(~ f~l; Ih~c Nm~h 470.87 F~l: Iheflcc F~oflh 4'}'2~'4~' %V~I, a distance ~ 1.18.8 ~ ~ccl; Ihc,~c Sou{h W~t, I ~s~nce of 26.91 feet: thence South ~42',14" ~f, a dgma~ at' 744.75 f~q: Sou~ 89'17'16' Wesl. ~ tJi~Ja~e of ~ I{1.~ Ii~l Io r~e Poifl~ o~ litE, inning. ~t ~v~ ~rd~ in Plat B~k 23. FaKe TOGETHER WlTtl THE Fei.LOWING LOTS: I, ol 2. I~kM:k "A", Plat of'ML,~N LAKE UNIT ONE. ~dinB to the plat thereof as r~onJ~ in P~I ~k la, page IO3 through I ~ et thc O~ce o~ the ~blie R~ords for C'ollicr CToun~y. C~llf County, Fl~da. Lots 80, $1,82. I], 84, 85, 86, 17, 118, Kg, 91, 92. ~4, 96. 97. q~..~0. Ia(l, Iai. and 105. Flat of ~ ~ ~e O~ o~ Public R~ords f~ Cnlli~ Couaq% FlomJa. JAN 2 8 2003 ,,....10 JAN 2 8 2003 O~ O0 r.q P · ;'iT, qiL--~ I -"-"'- i ,,~, ,l~:,J ,J I I ! I I ill- '..-::, . , ,'" .' .........t . J I,,11 , I ~,'J" LIP J;i.~ -;; .,,~i ~. , ~ iff ~h[iL;J~ii;id:i,i.id~:mtl ~, .:..~ ........ ~ p,~iq,,:~ , , ,l t ,I ,' ,-i.~,l- I'~ ldi. l~i Jill , dj Il,l' ~. i ,.-,., ,,,, ,,. ,,,,. ~h. i ,,-,,., ll,,l 1t. ;t ,j . , ,,,~, .;... j~. I !,~, ,,, .,,.,1, ,..,,,.,, , , . ~, ,~ . I~[I;t J.it, , Ill .Ii ,,!..t liljll ~1!!iI · -.. ~-~ , i!] il!ill ,., JAN 2 8 2003 ,,. /2. JAN 2 8 2003 e,} ~o ik OIAAVldNfl ,,V, AO¥1d z JAN 2 8 2O03 ! e H ' i COLLIER COUNTY GOVERNMENT ~TORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, SUITE 212 2685 SOUTH HORSESHOE DRIVE NAPLES, FL 34104 (941) 739--2501 FAX: (941) 659-5790 July 3, 2002 Mr. Craig D. Grider Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida, 34103 Subject: Lot 88, Moon Lake Unit 5 Letter of No Objection Dear Mr. Grider: The Collier County Stormwater Management Section has reviewed the information for building a slab and screen enclosure in regards to any impacts to the 20' Maintenance Easement that envelopes the rear yard of the property. The information as provided shows the slab and enclosure to be 23.6' long measured from the rear wall of the house and encroaching approximately 0.6 I' within the 20' Maintenance Easement. Also the information shows the building to be 14.2 I' long and encroaching approximately 0.61' within the Maintenance Easement. The existing easement is not being utilized by this Section, therefore, this Section has no-objection to what you are proposing. If you have any questions regarding this matter, do not hesitate to contact me. s Minor, P.E. Engineer, Senior $CAM/jcam CC: Robert C. Wiley, P.E.. Principal Project Manager. Stormwater Management Section Reading File F:\ Easement Encroachment\ Craig Grider JAN 2003 2'/~0 $4mh ~ I~.- Suite Nnple~, Fi, ]4104 I~'tttr of No Obit=don Su~etu~ En~ow. Jm~nt ~ 20' Lake IMamtennnen F.t~mant Moon Lake Unit J (Ce~J CoMa) Lilt [16 We bav~ i~-vit"wed tho information submtu~d tn u~ 3.5~ ~m~t in~ n 20 ~t L~ M~na~c ~em~t ~d ~ve ~ o~c6~ ~ the ~ is ~c~ ~m f~ I~c b~k maint~a~ ~n ~ ~ ~ ~ ~n~l ei~, ~, md, ~ ~' As~ ~ M ~j~n. ~is a~l is ~t~ with t~ fol~ I. All ~ ~mtnt Mlde~ m~: ~ no6~ ~ ~i~ co~u~ m~t ~ ~in~ from t~m for 2. If maintenance of the euemen: ot of sU~xtures wi~ the ~mc-~ i~ ~ ~s~nsibil~ of a ~e~¢~ ~i~m~n, ~R~ ~ovnl mu~ ~ ~aiMd ~m ~ ~6ty. 3. IL al any time in the fo~. !~ ~meflt re.st ~ r~o~ from ~in ~ .~nt to facO~ a ~u~ ~intenan~ ~y. Collier C~n~ will ~ no r~sibility for ~p~n~t 4. ~ ~ not v~te ~ abtolate t~ Cm~'s inM~t ~n ~c usm~t ~a. ~ onJy way 1o ~liah t~t i~ ~rOu~ m f~ml v~t~ nr~ S.b~ct area by ~ ~l~ of Cou~ $Clden/f:/StanC John Bold;, P.E.. Wate~ Management Di~'r.~r ' Tom K~'k, P.E. £niinecring Review Mana~er Steve Nagle, South florida Wat~r Mana~nem Disu'ict PHONE (94 I) 40~-2400 FAX (!~,~ l) 643-6968 12/02/2002 09:51 9412758648 N~TIOHAL DEUELOPMENT P~GE 82 1520 Royal Palm Square Boulevard Suite 360 Fort Myers. Florida 33919 (941) 275-8029 Fax: (941) 275-0648 Moon Lake Homeowner Association, Inc. December 2, 2002 Mr. Stan Ch~zanowskl, P.E. Collier County Engineering 2800 North Horseshoe Drive Naples, Florida 34104 Re: Moon Lake, Unit S AKA Cayo Costa Lot 1~t86 Letter of No Objection Dear Stan: The rear deck of the house and a portion of the pool on lot 86 encroach a little over S ft. at the greatest point ~nto the 20 ft. Lake Maintenance Easement, which still allows approximately 1.5 ft. to tlqe control elevation (see included survey) for lake maintenance purposes. We have no objection to this encroaci~ment. Further, we are confident that no further encroachments wdl occur Moon Lake Homeowner Association, Inc. EriC C Miller, vtce President AGEJ~A ITEM JAN282003 ! 3044938 OR: 3109 PG: 1650 IIC01IID Il OTIICIIL Ill:OlDS of COLLZIB C0IITI, IL IJlHI~II2 lt. 12:lieu Hl~rr I. i~ecl, cLm IIC Ill IS.Il COtIII 3.Il te~n: Ciltl TO TII Mild IITIIOIIlI3 tYl iq,001 IX? 1240 RESOLUTION NO. 2002- 37 0 RESOLUTION FOR PETITION AVPLAT2002-AR2586 TO DISCLAIM, RENOUNCE AND VACATE THE COUHTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE MAINT~CE EASEMENT LOCATED ALONG THE REAR OF LOT 88, ACCORDING TO THE PLAT OF "MOON LAKE UNIT IS" AS RECORDED IN PLAT BOOK 23, PAGES 79 THROUGH 80, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Eric Borgia, Esq. of Goodlette, Coleman & Johnson, as a~ent for the petitioner, Cayo Costa Associates, Ltd., does hereby request the vacation of a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88, according to the plat of "Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 20 foot wide Maintenance Easement used to maintain an adjacent lake located along the rear of Lot 88, according to the plat of"Moon Lake Unit 5," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of convenient access of other property owners. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 20 foot wide Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for Ihe Public's benefit: See Exhibit "A" attached hereto and incorporated herein. JAN 2 8 2003 OR: 3109 ?6:1651 BE iT FURTHER RESOLVED, tha! the C|~rk to the Board is hereby directed to record a ce~ified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this ,/~ ~ after motion, second and majority vote fi.voring same. day of .~~.~e.4~ BOARD OF COUNTY COMMISSIONERg COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman Approved as to form and legal sufficiency: Patrick G 'VRq~lte Esq, Assistant County Attorney JAN 2 8 2003 SHEET i OF 1 AVPLAT'2002 -.~O~.2 $ $6 t, AaO,~l t.-~~'~ ~"r- ~ L~'-z- ProperW Owners Within 250 Feet of Lot 86 Lot 79 Juan B. & Stella Leon 1125 Jardin Drive Naples, Florida 34104 Parcel 0494500 795B06 Lot 80 Kenny E. Shelton & Nicole M. Shelton 1119 Jardin Drive Naples, Florida 34104 Parcel 0494500 805B06 Lot 81 James P. Gill 1115 Jardin Drive Naples, Florida 34104 Parcel #494500 815B06 Lot 82 Pedro Nolasco 1107 Jardin Drive Naples, Florida 34104 Parcel g494500 825B06 JAN 2 8 2003 Lot 83 (3regg & Barbara Hutchinson 1105 Jardln Drive Naples, Florida 34104 Parcel #494500 835806 Lot 84 Gregg & Barbara Hutchinson 1103 Jardin Drive Naples, Florida 34104 Parcel #494500 845806 Lot 85 James Gomory 1101 Jardin Drive Naples, F'lodda 34104 Parcel ~494500 855806 Lot 86 Cayo Costa Associates, Ltd. 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Florida 33919 Parcel ~94500 865806 Lot 87 Cayo Costa Associates, Ltd. 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Florida 33919 Parcel #494500 875B06 Lot 89 Robert & Elizabeth Babich 1089 Jardin Drive Naples, Florida 34104 Parcel #494500 895806 Lot 90 David & Arlette Bradley 1083 Jardin Drive Naples, Florida 34104 Parcel #494500 905806 Lot 94 Roger D. & Nancy L. Cooke 1124 Jardin Drive Naples, Florida 34104 Parcel g494500 945B06 Lot 95 Maria Coppola 1118 Jardin Drive Naples, Florida 34104 Parcel g494500 955B06 Lot 96 Robert A. & Diane M. Bradish 1112 Jardin Drive Naples, Florida 34104 Parcel g494500 965B06 Lot 97 Theodora Rozes 1106 Jardin Drive Naples, Florida 34104 Parcel g494500 975B06 JAN 2 8 2003 Lot 9t Robert & Sharon Schramm 1079 Jardin Drive Naples, Florida 34104 Parcel #494500 915B06 Lot 92 Robert & Mary Ryan 1065 Jardin Drive Naples, Florida 34104 Parcel ft.494500 925B06 Lot 93 Arthur & Jackie Green 1059 Jardin Drive Naples, Florida 34104 Parcel #.494500 935B06 Lot 98 & 99 Paul Miller 1809 Lydia Avenue St. Paul, Minnesota 55113 Parcel/t-494500 985B06 Lot 100 Cayo Costa Associates, Ltd. 1520 Royal Palm Square Boulevard Suite 360 Fort Myers, Flodda 33919 Parcel/1494500 1005B06 Lot 10t Ron & Catherine Murphy 1002 Jardln Drive Naples, Florida 34104 Parcel ~494500 1015B06 Lot 102 William & Enge Benzenberg 1076 Jardin Drive Naples, Florida 341t~4 Parcel//494500 1025B06 Lot 103 Gai~ ~at~cl Joan Fritz 1070 Jardin Drive Naples. Florida 34104 Parcel ~494500 1035B06 Page I of 3 AVPLAT2002-AR2704 EXECUTIVE SUMMARY PETITION AVPLAT2002-AR2704 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ALL OF THE PLATTED CONSERVATION EASEMENT LOCATED ON LOT 73, ACCORDING TO THE PLAT OF "SOUTHPORT ON THE BAY UNIT ONE" AS RECORDED IN PLAT BOOK 15, PAGES 5 ! THROUGH 53, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION CONSERVATION EASEMENT OVER A PORTION OF SAID LOT 73. LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate all of the platted Conservation Easement on Lot 73 and to accept a relocation Conservation Easement on a portion of said Lot 73, "Southport On The Bay Unit One". CONSIDERATIONS: Petition AVPLAT2002-AR2704 has been received by the Engineering Services Department from Michael A. Durant, Esq., of Conroy, Coleman & Hazzard, P.A., as agent for the petitioners, Jorge A. & Carolina Diaz, owners of said Lot 73, requesting the vacation of all of the platted Conservation Easement located on Lot 73 so that the buildable area on the lot will be better utilized. They are also requesting that the County accept a relocation Conservation Easement on Lot 73. The Florida Department of Environmental Protection has previously agreed to a modification of the platted Conservation Easement which contains slightly less square footage than the relocation Conservation Easement that the petitioners are requesting the Board accept. The Collier County Department of Environmental Services has no objection to the Conservation Easement vacation and relocation. Letters of no objection have been received from the Collier County Department of Environmental Services, Southport on the Bay Property Owners Association, Inc. and the adjacent lot owners. Zoning is PUD. This Executive Summary was approved by Greg Garcia .n Transportation on December 5, 2002 and by Jacquelyn Johnson in Public Utilities on October 22, 2002. JAN 2 8 2003 Page 2 of 3 AVPLAT2002-AR2704 FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. ENVIRONMENTAL IMPACT: The property owner has requested a vacation of the existing, platted, conservation easement on Lot 73 at 'Southport on the Bay." The platted easement consists of two areas. Reviewing pre-development aerials shows that the smaller area of the platted conservation easement had an Australian pine canopy; leaving an unvegetated area after required exotic removal. After examining the same aerials staff estimated that the larger area of the platted conservation easement had about 70% native coverage with the remainder of the area being australian pines. The Department of Environmental Regulations (currently the DEP) provided County staff with a copy of the jurisdictional determinations that they conducted on the Southport parcels in the early to mid 90's. Lot 73 was not identified to have any wetlands on site. The property owner obtained a revised conservation easement from the DEP, reducing the size of the easement and then the property owner asked the County to accept the same. Our review took into consideration the concerns of the adjacent property owners, the DEP permit, the pre- development conditions and the current conditions on the site. County staff approves a new easement which is larger than the DEP easement but smaller than the area of the platted easement. The easement is approved with a stipulation to require mitigation for the potential loss of native vegetation that will now be outside the boundary of the proposed easement but within the area of the platted easement. The owner will replant all areas of the approved easement that are currently void of native vegetation. The restoration area shall be planted with larger size native vegetation in accordance with an approved County mitigation plan. This shall be completed within 180 days of approval of this replat, or prior to the issuance of a certificate of occupancy for a home on site, whichever comes sooner. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. JAN 2 8 2003 Page 3 of 3 AVPLAT2002-AR2704 ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2002-AR2704 for the vacation of all of the platted Conservation Easement on Lot 73, "Southport On The Bay Unit One," and to accept the relocation Conservation Easement on a portion of said Lot 73 as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: I~, c,~'_ Rick Grigg, P.S.M. Engineering Services DATE:~ REVIEWED BY: ' Thomas E. Kuck, P.E. Engineering Services Director DATE: -/~o~eph K. S-~l~ii~, ~dmi~strator l./CJo~mty Development & Enviromental Services JAN 2 8 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2003- RESOLLr~ION FOR pEITfION AVPLAT2002-AR2704 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S IIVI'ERF. ST IN ALL OF THE PLATTED CONSERVATION EASEMENT LOCATED ON LOT 73, ACCORDING TO THE PLAT OF "SOUTHPORT ON THE BAY UN~ ONE" AS RECORDED IN PLAT BOOK 15, PAGES 51 THROUGH 53, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATION CONSERVATION EASEMENT OVER A PORTION OF SAID LOT 73. LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael A. Durant, Esq., of Conroy, Coleman & Hazzard, P.A., as agent for the petitioners, Jorge A. & Carolina Diaz, owners of said Lot 73, does hereby request the vacation of all of the platted Conservation Easement located on Lot 73, according to the plat of"Southport on the Bay Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida, and to accept a relocation Conservation Easement on a portion of said Lot 73; and WHEREAS, the Board has this day held a public hearing to consider vacating all of the platted Conservation Easement located on Lot 73, as more fully described below, and notice of said public heating to vacate was given as required by law; and -WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's Conservation Easement interest over and across the following portion of LOt 73, "Southpon on the Bay Unit One" is hereby vacated, exthaguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereW and incorporated herein. JAN 2 8 2003 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Conservation Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Conservation Easement for the Conservation Easement vacated herein. BE IT FURTHER RESOLVED, that all areas within the approved conservation easement, currently devoid of native vegetation, shall be restored in accordance with a County approved restoration plan. This plan shall be submitted to the County for review and approval at least 30 days prior to the expected planting date. Mitigation plantings shall be in accordance with Section 3.9.5.5.4 using 14 ft trees, 5 gallon shrubs and I gallon ground cover. The planting shall be completed within 180 days of approval of this easement vacation or prior to the issuance of a certificate of occupancy for a home on site, whichever comes sooner. The County shall be contacted for an inspection when the restoration is completed. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of , 2003, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tom Henning, Chairman Approved as to form and legal .stl~. ciency: , Patrick G. White, Esq. Assistant County Attorney JAN 2 8 2003 I "~ L'IO° LEGAL DESCRIPTION M-I p~qOqlOEO BY (~JENT) Th~s 4~ · boundary .urYey of th~ fol~ng~ Lot Jouthport on tho Bay *~ Unit ) I as rooorded in J~Lat Book tS, Pifol 5t-~ of t~ pub~to r~o~rds o£ CoPilot County, ~or ~a, ~1~1 A~~-~ FI/qAt SURVEY DATE I._~T 'Vt4 I I CONSERVATION EASEMENT TO BE VACATED: All of thc Conservation Easement contained within Lot 73, according to the plat of "Southport On The Bay, Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records of Collier County, Florida. .JAN FIELDBOOK See PAGE File DATE 10-4-O SECTION 6 , TWP 48 S. RGE 25 E NORTH FOUNDATION LOCATION DATE FI~ PAGE l LEGAL DESCRIPTION § '~'""~' *' (AS pt~OVIDED BY C~EN~ o~ ::' ~'~is i· ~ propo·ed consez'v~tion easement ~ contained in Lot 73, Southport on the Bay, GoI~rREVER~ESlDE Unit ~1 as recorded in plat book 15, page· 51-51 RNALSURVEYDATE 1~.4E0, Of the public records of Collier County, Florida. See reverse side for complete metes and bounds legal description. SH~-T AVPLA~OO2-AR~704 COI,,,'S;EEVATiON ~ C. om~iaed ~ Lo~ ?~. ~ ou ~ Ba! as mcomted ia ~ Book I$ P'a8,'~ 51-53 of the public records of ~ Coum7, Florida. CommeacJa8 oa Itte Noelbee~ly P. isht-of-way of TopanSa Drive sad the commca betweea Lo~ 73 and 74 of ~id plat; Tt~_ ~-e N 25°18'19' E aloag the liste di~,~i-E saki lo~ 73 & 74 for Z2.12 fee~ to ~e Point of _Beglm~ng; Tlmace continue aloa~ saki lot ~ for 107.88 feel to ~e No~thwe~ comer of Lot 73 az~ci mazkinB the common come~ of said lot 73 and 74: Sou1~ma.slmty aJoa~ Ibc a~c of & curve akm~ the Nm'l~ma~mrly line of said lot 73, baying a ceatral · nele of g~34'19", · radius of 960.00 feel, · chord distance of 160.19 feel, subteaded by · chord ~ of $ 59'54'32' Efm 160.38 fee~ to ttm Nae~tma~ ~ of Lm 73, retaking ttm comnxm ca~ae~ be~e~t lo~ 72 ami 73 of said plat; Tlmace S 34°52'38' W aloag lfle lo~ line divici~ lots 72 ami 73 for 57.31 feel: 1'mince leav~ said lot line N 15e24'50' E fo~ 3~.47 fee~ 'l'mmce a ~ distance of I20.65 fee~ · clmat bearJn~ of N 59~36'17~F for I20.73 fee~ Tl~ace S 40°O6'27' W 90.60 fee~ to aa intet~e~oa wi~ the common lot line of saki lot~ 73 ami 74 and the JAN 2 8 2003 ,:O; :.ALLEN, INC. LB#eS.58 FAX 992-6070 '. - ~?~ ou~ u.s.,~ ~.. s.~. TELE: 992-8900. ' PRoFEssION~£ 'LAND SURVEYOR BON,TA SPRINGS. FLORIDA 33923 I~. ORDERED aY i SHEET OF DWN [- CHK'D BY I 0'O]~ D. Spea]:t 1 ~.~..~ r PETITION Attachment "B" FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDIVIDED LAND PORTIONS Date Received: Petition #: Petitioner: Jorge A. Diaz and Carolina Diaz Address: ~7~ Imperial Golf C,o.r-~ Rmt]ovard--PRM City/State: Naples, Florida Telephone: 566-3304 Zip Code: aa ~ 1 fi Agent: Michael A. Durant/Con!oy Coleman Address: 2640 Golden Gate Parkway CltyfState: Naples, Florida & Hazzard Telephone:649-5200 Zip Code: 34105 Address of Subject Property: 204 Topanga Drive Location: Section, ~., Township ~L.' Range Legal Description: Lot 73 Block Unit 1 Reason for Request: Modifying Conservation Easement Current Zoning:. PUD Does this affect density?. Subdivision: Sou thp o r t Plat Book 15 Page(s) NO on the Bay 51-53 I hereby au~lze Agent above to represe, nt me for this petition: .~gnatur~ of Petitione~ ~/ Yes [~] No Date Print Name Jorge A. Diaz CAI?.f,.(/~,~ /_~/9 ,? (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Depart: ~ent 2800 North Horseshoe Dr. Naples, Florida 34104 O) (2) O) (4) If aPplicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, principals. List all other owners. JAN 2 8 2003 Attachmcnt "B" 8 Page 4 of 4 I~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Number tDate ~ Date 6/12/2002 11:08:16 AM~2--0-~ ~AR 2704 Appl Name: Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 2640 GOLDEN GATE PKWY NAPLES FL 34105 Proj Name: DIAZ, JORGE Type: RSF TAZ: 1 Subdiv Nbr: Project Nbr: 2002060028 Payor' FRISONE/PINNACLE Fee Information Code ~ ]~GL Account R-~ J REV ACCT/VAC EASEMENT-ROW 1~-1 ~32910000000 Total Amount ~'~ai ~ d $1000.00 $1000.00 lPaymentCode CHECK CHECK Payments Account/Check Number 11087 ~. 13421 Amount $500.00 $500.00 ~ Total Cash r $0-00i Total Non-Cash $1000.001 Total Paid [ $1000.00 Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT JAN 2 8 2003 t. 2t fl001 0R: 2682 PG: 1708 nC m ~*.?O Iill b~: Thb Wmvm~ Deed Mfidc thc :SI~I dly o( Mily A.D. 20(O J~ Rotan' J. C~U,F~ AND MARK ~ ~rmllX., to JOIGE A. DIAZ AHD CAIOLINA ~ HUSBAND AND Will: wimie post off~ address is the Smatec (Whem~r used Im'd. the temu "ammor" nd "stamen" iudud~ ,dl LMm ~IFM ~M~o~. I~ SEAL LOT 73, soum~x'r o~q'mE BAY, UNIT ONE, AC~ORDL,qG TO THE PLAT TtIEREOF, OF RECOKD IN I~T BOO£ 15, PAGE(S) 51 THItOUGH 5:5, OF TIJE fUBUC i~'O~:)S Of' COU,U~ COU~'fY. FLO~JDA. Grnnkx* Wm*nmts mb. ec~ ~,~,~i~n'y is no( tier ]tm~Jestemd Vw~tl~rt~, nor it i~ comJ,Suous to theLr homcstmd. ~ TO cOVelUn'S. ~M~s. reMflcllm~ racrvatiml~ limJtatkms, casemcntJ and If.f~e~nts of m~d, if any; m i ~s JO' IlK g ZOOO mild Jlldb~l~.l .md peol~bitimu imix~i by AoKmmeut41 ~ui)~ it Tl~. with ,11 t Jc Icnclm..nU, bcrcd~fmcmf And iht fr4mlm, lie: (~y coKnanlf with told Anlnl~ Ih~t Ihe p, rmlim, ij hwfully ~ M I~ h~ in fw 8~ tbI ~hc pJliJor h&l ~o0d r~,ll aAd lawful alilhority to KII and ~.vcy MM Jar~ aAd hcrcby w4trunts ~hc title lo JaLd land and Mil 6J~nd thc m ip~i thc hwful dainu o(atl pertain. In WJlncu Whcrc~, thc sa~'~qmnlff hu ~,e, ncd trod Kalcd Ihcs: pr~scnts I~ thy ind ycmr fir~ ~ ~l~n. · r~ roA-f~$ Lfu*r~mont w'u Kknowied&ed before m~ this SIf~ day of .May 2000 by RO~£RT J. QUILLEN who Is/fu~ .'.x~Jomd]y known to me bMdT~ "U~rylpU~ /( . . Tht/m'f~fi~t~ J~l wM a~.nowJm~J bi,ore me this $1 st d~ of' A4~y 2000 by wire if/ire ~ y known ~ me ......... / JAN 2 B 2003 *m La.a ~rn C~,-'~ m r.$-~ T,~~' BONITA ~ BAREFOOT BAY CT '~,. BE. ACH GA.~.D E N ~=A~H GA~tDEN LAKE 2 ~_&CH GARDEN~ ,~ te TRACT LAKE ASSESSMENT MAP L~<E 3 JAN 2 8 2093 Parcel Page 1 of 1 Collier County Tax Coll.ector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION Name:JlDIAZ, JORGE A & CAROLINA Address:Il975 IMPERIAL GOLF CBLVD PBM 30 Address:II Address:il Address:Il ~dress:IINAPLES, FL 34110-0000 VALUE/EXEMPTIONS TAX INFORMATION Taxble value:l12o798s] county:Jla13.62 Mmage Code:Il003 I .omestd Ex:IlO Agricltr Ex:Ilo Widow Ex:Ilo I Blind Ex:Ilo Disabled:IlO Veteran Ex:Ilo Who,y Ex:Ilo Civ,ian Ex:Ilo I Schoo' St:Ile0~.S3 School Ioc:lls32.a6 City Tax:Il0.00 I Dependt:ll'~S7'S2 1 Water:lll°9's'~ I Independ:l1232.26 Voter Appr:115.57 Gross Tax:l12,766.17 Appr fee:llo.oo Advertising:Il0.00 PROPERTY INFORMATION IParcel:ll7 '4435006100 I[' ^creill0-4s I L°c:ll204 TOPANGA DR LegaI:IISOUTHPORT ON THE BAY UNIT ONE L~gaqlLOT 73 I Lega':ll PAY TERMS PAYMENT INFO I N°v:l[2,SSS.S2 ~I'2,Sa3.1S [~'~'~'l[2,710.85 1~'~II2,73S.Sl Mar:l12,76S.17 Apr:II0-00 Uay:llo.oo 1I Paid Dt :ll'~'~t2s/o2 Recpt:l149249 Uach:lloe Paymt:l12,SSS.52 Mo":ll0 STATUS INFO. Non Ad va:liN Installment:liN Deferred:liN Bankrupt: TDA:ll0 Back to Search Last Updated: 1/12/2003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioiD=74435006100 JAN 2 8 2003 1/13/2uu3 -- l.i~t of ab:~-~ng and other property omners within 2$O feet of the l~rol~osed vacation Robert A & Susana Welik Ms. Beatrice Welik 902 Seton Drive, Suite 308 Cumberland, MD 21502-0000 Folio No. 74435005800 uo'r Martin R. Chamberlin III and Mary jo Chamberlin 11 Melville Road Barnes London, United Kingdom SW 13 9RH Folio No. 74435005907 ~.o-r q ! Ms. Patricia M. Stevens 206 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435006003 ~.~-r n ~ R. William Kahler and Winifred C. Kahler 200 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435006207 ~.o'r el 4- Jeffrey Rinz and Sandra Rinz 198 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435006304 Richard K. and Shelley S. Green 196 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435006401 [.on- 'tO G & M Estates USA, Inc. 6530 Highcroft Drive Naples, FL 34119 Folio No. 74435008506 ~.e'r ~e/ Sheldon Volk and Sandra Volk 204 W. Ravine Baye Road Milwaukee, WI 53217 Folio No. 74435008603 ~,t,'r Charles S. a~d Michele E. Eddy 205 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435008700 ~e"r e[e[ Jay Thomas Leonard Trustee 207 Topanga Drive Bonita Springs, FL 34134 Folio No. 74435008807 u~'r JAN 2 8 2003 .ii l" ~]:] !.-':,, r: .g.: , '," '" ,' :"' '":' .,:. iii ,I i,:: ~[II i!J :, "~ :i'-:: :,' :':',':- hl: ,,~l!: I?.',: !i: :: l-'l' i l:' I I l"li:: - ~ !I ' ' ; ' ' ,._, .,_:,:.. i,. ::-:4 l~, l:]: d,l i.l].li l:i ii ,:--: ::ll::li ::~ iff:... 'l il iI f" iii: u:~: u ::: ,:.i ,,,,,i., i,! ,,.I::.,: i~, :, ~,i :.ill] !.t, :'i I .- , !. j,j 1. Ii!: [lJiil[.,, IlI ..Ii:ill llli Il.,.' iii! ::I~I;! IIi · ,::,.,::,::,,,:,:,i.::,: tl j. t ilj~! !~-ii [t lip Ih:'-'-:!! ,i: i!:-lil:il ' : ~ i ::::' - Izl .I1 '* · : l:,t! M iii i!fi ;ii]-~lli lti~ ;tlJlif. i ~: ~i ~i ] t'- -: : , ,,,,,.l,:, · ~i '::' ,:, aLi.mhltl ,!h a:ll[m j ' ' ' : JAN 2 8 2003 DI2) ICATIONS State of Florida County of Collier gliOM ALL HEld BY THESE PRESENTS that Southport Venture Associates, A Ney 3ersey Genere~ Partnership and Lely Development Corporation, a Texas Corporation, authorized to dp business in Florida, the owners of the lands described hereon has soused this plat entitled mSOUTHPORT ON THE BAY, UNIT ONE' to be made end does hereby dedicate the 'following: 1. To SOUTHPORT ON THE BAT PROPERTY MERS' ASSOCIATION INC., oil road rights-of-way, indicated aa Lot 107, all access easements indicated as Lots IO8 end IO9, ell lake maintenance end consi~vOlioneasemea! Md/be maintenance thereG,.. 2. ?o Collier County Voter - Sever D/strict - all voter and sewer lines constructed vithLn this platted area, upon acceptance of the improvements required by tbs plat. To Collier County - all drainage easements and lake maintenance easements with no responsibility for maintenance. ?~ Collier County Uater - Sever District - an easement for ingress and egress over and across Lot 107 (Road R.O.#.), and Lots lO8 and (access easements) and all county utility easements (C.U.E.) to install and maintain voter and sewer utility facilities within platted area. To Collier County, with no responsibility for maintenance - all areas designated conservation easement (C.E.), land modilicatlons or structures are'prohibited'within this zone except for nature trails, boardwalks end docks. No building structure viii be established within S feet of Said easements and with the exception of mandatory removal of exotic species, there shall be no removal,trimming, transplanting or planting of any vegetation within the Conservation Easement without approgal of Collier County. ~o SOUTHPORT ON THE BAY PROPERTy OHN£RS ASSOCIATION, INC., all drainage easements indicated on the plat'for the purpose of construction, installation, maintenance and operation of these facilities. To Florida Po~er and Light Coupany, United Telephone Company and any Cable Television Franchise Company. A non-exclusive utility.easement as noted or indicated on the plat (U~E.), fsi the purpose o~ construction, Installation, maintenance and operation of electric, telephone and cable television ~acllities. No construction, installation, maintenance az operation of cable television facilities and services shall interfere with the electric or telephone totalities and services. In the event a cable television company damages the facilities of another public utility, it shall be solely responsible for said damages. NITNESSES: SOUTHFORT VENTUR~ ASSOCIATES, a · J. GLUCK~AN, as General Partner, Orion Marketing, inc. JAN 2 8 21 3 Map Output Page 1 of 1 CCPA GIS - HTML Ma ~ma 9Serv~ceName c http://gis.collierappraiser.com/servlet/c°m'esri'esrimap'Esr' P' ' = JAN 2 8 2003 grigg_r Page 1 of 1 From: burgeson_b Sent: Friday, September 27, 2002 12:16 PM To: grigg_r Subject: Southport lot Please accept this e-mail as my review and approval of the revised conservation easement which reflects the mirror image of the easement on the adjacent parcel. There is no ability for me to enter this in DC Plus, so I am approving this via e-mail. Thanks, Barbara Burgeson 9/27/2002 JAN 2 8 2003 Sent By: MORR];SO & CONROY PA; 9416498140; IIlOV-ll-~Oll~ 0~:S]RI '.FIOM'LAw"OFFIC~S OF J01tl D $'P~I~ PA Nov- 18-02 3:35PM; Page · 'i +~HI4TSOS$ 1'-S08 P. 002:/008 2/3 ~mmm ~mmm mm mm ~mm~ COI',,IR.OY, COLEM,"Dq ~ I-L~zz.~I~D, SI, Il'IT.: (~.tobcr 8, 2002 Mt. Joh~ paxim~dis Souli'lport on fi'se Bay Propeny Owners' Association, ]nc. R~: ,Ioz§e and Car0Jina Diaz, Lot 73 Southport on Lhc Bay Dear Mr. eaximadis: Our firm has the privilege of tcpmsemin8 ]orsc and Carolina Diaz, tl~: Southport on thc Bay. Our purpo~; is to rcxlu~at your urgamz~tiolM ¢oasent to ColUc~ Couaty'm coaservation ~nt on their property ~ order for thctc to cO.~e~__tC! s r~sJ.dm'me. By wsy o fhislory, the Diaz's purcbasoci thc/r property in 2000. At tl~ time of pumha.~, they received fiom the previous o~et a DEP Modifie.~ion of Comet~ation ~ae. me~t and a DEP ~ t~ ~ did m:)! ~X:lUil'= any addi~*lorm[ Permission to t)mlo, r~cncvml~ m~ mc l)~.J' ~.n,", (:ellis Couaty wen-kod ca,operatively. Uot'ormnately, they lc~m~d otherwise, I havc ~nclosed a eol'g ol'the Diaz's survty dc~ili~8 the original Co~rva6on P. asemcnt which cncr°ar, h~ jato the middle oi'the property a.qd a sccond survey with the DEP's a&rood ~x~n Modification. As you cart see, a Modificatio~ similar to the DEP's i~ nccesr, ary in onl~ m constn~ & resid~a¢c on thc prolx~. This isst~e a~ose reo~tly whea th~ Diaz's contracted lo sell the propel'ty ~ lile Titlc Company eequL, ed a Modiflc. a~io- to Conset'valion p.a.~! ~ the County. In ordcr to obtain such, lee neiBbborLng property owner~ a~d thc P.O.A, must ~ivcwrit'ten comcm to thc Modificagon, which is thc mason for our ~. It'you would limdlymi8n thc Consent b~low, rettum it to our ofh¢c in the envelope we have lnovid=d, we will then he amc to proceed with the Count~. Sent By; MORR]~SO & CONROY PA; 9416498140j NOV-II-*ZOOZ QZ..'53PM .FROM-d. AW OFFICES OF JOIll D SPEAR PA Nov - 18 - 02 3:35Pbl; Page 3/3 Mr. lorn Paximadis 5outhport oa thc B&y Properly Owners' ~tiofl, ~. ~ ~, 2~2 Wc Ippreeil~ you' cofls~ ud fhouM yo~ hive Inyq~ p]cisc do not hesi~ to call me. Vco~ Iruly We have no oE,jee.~on m ll~ proposgd vacazion.. JAN 2 8 2003 laa~_s F. C~U~U.L J. M~O-U~L Co~ 3. THol~c~s Co~,~o¥. 111 MK:~L A. DUg.~T SCOTT W. DUV^L D,~U~ C. T^VLOR BF. TFI B. WooDs CONR. OY, COLEM_AN ~ HAZZAKD, A.T~OKNEYS ^T L.~w POINCIANA PROFESSIONAL PARK 2~ GO~EN GATE P~KWAY NAP~, FLORA 34105 (9~1) ~9- 5200 T~.t~co~R (941) 649-8140 www.cch-le~al.com P.A. May 30, 2002 Mr. and Mrs. Martin R. Chamberlin, III 11 Melville Road Barnes London, United Kingdom SW13-9RH L- ,:> ""- '7 ~ Re: Jorgc and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. and Mrs. Chamberlin: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay:. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received from the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification. t~.~A reason for our letter. If you would kindly sign the Consent below, return it to our I~,_ ] ~ JAN 2 8 2003 Mr. and Mrs. Martin R. Chamberlin, III May 30, 2002 Page 2 envelope we have provided, we will then be able to proceed with the County. We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, CONROY, COLEMAN & HAZZARD, P.A. Michael A. Durant I have no objection to the proposed vacation. \ M,artip R. ,.Ch .amb~lain, III "' !:t ' / /'. Ma~y' Jcl/Chamberlain JAN 2 8 2003 ],,uvas F. C, umu. I. Mic:~ COm,~N L T~o/,e,,.s Cot, mo¥. 11I .Scovr W. W.u,,u,i J. lqAz~ D~l~ta C. T^vl.O~. B~m B. Woom CONP,.OY, COt. HAZZA ,.r , ATTO~N£¥S AT LAW Ponqc'l~t~^ Pgoress~otaAI. P,~ 2~ GO~EN GATE P~AY $~TE 115 N~, FLORA 3at0B (941) 649-8140 www.cch-]e~a].com P.A. May 29, 2002 Ms. Patricia M. Stevens 206 Topanga Drive Bonita Springs, Florida 34134-8544 Re: Jorge and Carolina Diaz, Lot 73 Southport on the Bay Dear Ms. Stevens: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received from the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. ]'hey assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches i~zo the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our, I~, envelope we have provided, we will then be able to proceed with the County. JAN 2 8 2003 Ms. Patricia M. Stevens May 29, 2002 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, Michael A. Durant ~~ hj~L~a~e no--'°~bjection to the proposed vacation. Pa~cia M. Stevens JAN 2 8 2003 September 16, 2002 Collier County Board of County Commissioners Collier County Courthouse 3301 East Tamiami Trail Naples, Florida 34112 RE: PETITION TO VACATE EASEMENT CASE NO. AR2704 Property: 204 Topanga Drive Bonita Springs, Florida 34134 Legal Description: Lot 73, of that certain subdivision known as SOUTHPORT ON THE BAY UNIT ONE, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Plat Book 15, pages 51 through 53, inclusive. Gentlemen: We own Lot 74, Southport on the Bay Unit One, Plat Book 15, Pages 51 - 53, Public Record of Collier County, Florida. The purpose of this letter is to confirm that we have no objection to the proposed vacation of the conservation easement on Lot 73, PROVIDED that the conservation easement which remains on Lot 73 is as drawn and legally described by the Mark O. Allen, Inc., survey dated August 30,.2002, and attached to t~his letter. We do object to any vacation beyond what is shc~'~ th/e ~ttaeh~/~rvey. //' /'// R. WILLIAM KAHLER ~-~¢~INIF ~E~. KA~LER CO.ROY, P.A. COLEMAN HAZZARD, ATTORNEYS AT LAW POINCIANA PROFESSIONAL PARK 2040 GOLDEN GATE PARKWAY SUITE 115 NAPLES, FLORIDA 341O5 (941) 649-5200 Ta.t-covvat (941) 6,$9-8M0 www.cch-lesal,com May 29, 2002 Mr. and Mrs. Jeffrey Rinz 198 Topanga Drive Bonita Springs, Florida 34134-8544 Re: $orge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. and Mrs. Rinz: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received from the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfommately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give wrilten consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our envelope we have provided, we will then be able to proceed with the County. JAN 2 8 2003 Mr. and Mrs. JettYey Rinz May 29, 2002 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, CONROY, COLEMAN & ItA~, P.A. Michael A. Durant I have no objection to t.~_he I:1~ ~acation. '"~an~a Rinz JAN 2 8 2003 CONROY, COLEMAN ~3 HAZZAP,.D, ATTORNEYS AT LAW POINCIANA PP-OFESSlONAI. PAP-J( 2640 GOLDEN GATE PAP. XWAY SUITE 115 NAPLES, FLOR.IDA 3~i05 (2.39) 649-520O TEt.~ (239) 649-8140 P.A. October 8, 2002 Mr. and Mrs. Richard K. Green 196 Topanga Drive Bonita Springs, Florida 34134-8544 Re: Jorge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. and Mrs. Green: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southl:ort on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received fi.om the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEP's is necessary in o, der to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our, envelope we have provided, we will then be able to proceed with the County. JAN 2 8 21103 Mr. and Mrs. Richard K. Green October 8, 2002 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, We have no.obj io.~. e pr~posed vaea . ~~d K. Green ~/' '~s~elley s. ~n ~ JAN 2 8 2003 CONROY, COLEMAN ATTOILN£¥5 AT LAW POINCIANA PROFESSIONAL PARK 2C:~0 GOLDEN GATE PARKWAY N~L~S, F~O~A 3410~ (941) ~9-52~ T~-co~ (941) 649-8140 www.cch-le~al.com RA. May 29, 20G2 Mr. Michael Shrigley G & M Estates USA, Inc. 6530 HighcroR Drive Naples, Florida 34119 Re: Jorge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. Shrigley: Our finn has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received from the previous owner a DEP Modification of Conservation Easement and a DEP building permit allmvit~g them sufficient room to construct a residence on ihe property. They assumed that they did not require any additional permission to build believing that the DE? and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEWs is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification. reason for our letter. If you would kindly sign the Consent below, return it to our envelope we have provided, we will then be able to proceed with the County. JAN 2 8 2O03 Mr. Michael Shrigley May 29, 2OO2 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, Michaei A. Durant I have no objection to the proposed vacation. G & M Estates USA, Inc. Michael Shrligley; Presm~nt JAN 2 8 2003 CONROY, COLEMAN 6 H~ZZAR_D, ~TTOKNEYS AT LAW POINCIANA PROFL~SlONAL Dd~ 2640 ~EN ~ATE P~AY N~, FLORA 34105 (~41) ~-~2~ Ta.r~coi~t~ (941) 649-8140 www.cch-]e~al.com P.A. May 29, 2002 Mr. and Mrs. Sheldon Volk 204 W. Ravine Baye Road Milwaukee, Wisconsin 53217-1333 Re: Jorge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. and Mrs. Volk: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received fi:om the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into ihe middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification similar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement fi:om the County. In order to obtain such, the neighboring property owners must give written consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our envelope we have provided, we will then be able to proceed with the County. n6EnOA JAN Mr. and Mrs. Sheldon Volk May 29, 2O02 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, Michael A. Durant I have no objection t,o the proposed vacation. Sheldon Volk andra Volk O/ JAN 2 8 2003 JAME~ E CAUDXLL J. M~C>~EL COLEMAN RO~E~T L D.~N C. CON'RO¥, COLEMAN HAZZARD, P.A. ATTORNEYS AT LAW POINCIANA PR.OFF..SSIONAL PA~K ~640 ~EN GATE PA~AY ~UITE 115 NAPL~, FLO~DA 3~105 (239) 64g-5200 TF.L~COPIEK (239) 649-8140 October 8, 2002 Mr. and Mrs. Charles S. Eddy 205 Topanga Drive Borfita Springs, Florida 34134-8544 Re: ]orge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. and Mrs. Eddy: Our finn has the privilege of representing Jorge and Carolina Diaz, the-~wners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. , By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received from the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that the DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you can see, a Modification sim:lar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our envelope we have provided, we will then be able to proceed with the County. JAN 2 8 2003 Mr. and Mrs. Charles S. Eddy October 8, 2002 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, We ~n~/e proposed vacation. C~s S. Eddy ~'~ ' Michele E. Eddy JAN 2 8 2003 CONR. OY, COLEMAN HAZZARD, ATTORNEYS AT LAW POINCIANA PROFESSIONAL PARK 2640 GOLDEN GAT~ PARKWAY SUITE 1!5 NAPLES, FLOK[DA (9~1) 649- 5~00 TELECO~R (941) 649-8140 www.cch-Ie~a].com P.A. May 29, 2002 Jay Thomas Leonard, Trustee 207 Topanga Drive Bonita Springs, Florida 34134-8545 Re: Jorge and Carolina Diaz, Lot 73 Southport on the Bay Dear Mr. Leonard: Our firm has the privilege of representing Jorge and Carolina Diaz, the owners of Lot 73, Southport on the Bay. Our purpose is to request your consent to a modification of Collier County's conservation easement on their property in order for there to be sufficient room for constructing a residence. By way of history, the Diaz's purchased their property in 2000. At the time of purchase, they received fi.om the previous owner a DEP Modification of Conservation Easement and a DEP building permit allowing them sufficient room to construct a residence on the property. They assumed that they did not require any additional permission to build believing that tl~e DEP and Collier County worked cooperatively. Unfortunately, they learned otherwise. I have enclosed a copy of the Diaz's survey detailing the original Conservation Easement which encroaches into the middle of the property and a second survey with the DEP's agreed upon Modification. As you c n see, a Modification similar to the DEP's is necessary in order to construct a residence on the property. This issue arose recently when the Diaz's contracted to sell the property and the Title Company required a Modification to Conservation Easement from the County. In order to obtain such, the neighboring property owners must give written consent to the Modification, reason for our letter. If you would kindly sign the Consent below, return it to our envelope we have provided, we will then be able to proceed with the County. JAN 2 8 2003 Jay Thomas Leonard, Trustee May 29, 2002 Page 2 We appreciate your consideration and should you have any questions, please do not hesitate to call me. Very truly yours, CONROY, COLEMAN Michael A. Durant I have no objection to the proposed vacation. Jay ThoYnas Leonard, Trustee lJAN 2 8 2003 This instrument was prepared by: Michael A. Durant Conroy, Coleman & Ha~.?ard, P.P~. 2640 Golden Gate Parkway Suite 115 Naples, Florida 34105 (941) 649-5200 (941)649-8140(fax) CONSERVATION EASEMENT This Conservation Easement is ,m, ade this,~0 day__ of ~O/c~ , 2002, by JORGE A. DIAZ and CAROLINA DIAZ, (the Grantor ) to THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the GOVERNING BODY OF COLLIER COUNTY, its successors and assigns (the "County"). WITNESSETH: Grantor, in consideration of the sum of $10.00 in hand paid by the County, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, give and convey to the County its successors and assigns, a Conservation Easement over the following described property situated in Collier Cotmty, Florida: See attached Exhibit "A", which is attached hereto and made a part hereof (the "Easement Area"). To have and to hold said Easement unto the County its successors and assigns forever. Grantor hereby warrants that Grantor is the fee simple owner of the Easement Area and Grantor has full power and authority to grant this Easement. CONSERVATION EASEMENT 1 OF3 JAN 2 8 2003 IN WITNESS WHEREOF, Grantor has executed this instrument on the "~'->.~'"'k ,2002. Witness as to both Printed Name h-e, ss -as to both ~finted Name Carolina Diaz ---') _ day of State of Florida County of Collier fore oin instrument was acknowledged before me this~£'3 day~f --~,-~k,,4~ ,2002 The g g ..... · -~- .......sonall,~ known t-~ 'me or who have' produced by Jorge A. Diaz and ~aronna Lnaz, WhO m~,~- ~ as identification. ~rinted Name My Commission Expires: CONSERVATION EASEMENT 2OF3 JAN 2 Il 2003 IN WITNESS WHEREOF, County has executed this instrument on the ,200~. day of COUNTY: THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY ATTEST: DWIGHT E. BROCK CLERK OF COURTS By: Printed Name: Its: By: Printed Name: Deputy Clerk Approved as to form and legal sufficiency Patrick G.. ~White, fi~ssistant County Attorney F:\Users Shared Folders~blightnerkMisc.closings~Diaz~.ASEMENT.COUNTY.doc CONSERVATION EASEMENT 3 oF3 ~,e,r:NDA ~ JAN 2 8 2003 See ~ File~8 S, RGE 25 E ~ D~CRI~ON Th~s ~s a pro~sed conse~at~on eas~ent contaLned ~n Lot 73~ South~:t on :he Bay~ UnLt ~1 as recorded ~n plat ~k 15, ~ges S1-S of the public Feco:ds of Co~er Co~ty~ FloFida. see :eveFs~ s~de fo: complete metes and ~unds ~oga~ desc:~pt~on- E~IT "A' ool~ ~EvEI~E SlOE RN~J- SURVEY DaTE LGT -14 EX,~ST -tl,,IB, RE'b, R: A- ~M'lr .... R,-' I..~T 7Z EA'f.~T..T.~ CONSERVAI'ION EASi!MENT - .. CeelaJmd within Lot 73, Soulbpefl on me zmY as ree°eded in lttst B°dz I5 lS~[na S1-53 indmive FAX 992-6070 -'.' TELE: 992~900~ ' Obq~L F CHK~ BY ~.T..A ~ ,LLEN, INC. OFIOEREDBY John D. Spear ":LB#6558 '" JAN 2 8 Z~3 THIS INSTRUMENT PREPARED BY AND RETURN TO: Conm~, Coleman & HazzarU P~A. 2640 Goi0en Gate Pattweay, Suite 115 NaiVes, Iqomla 34105 MARINE NATIONAL BANK OF NAPLES, N.A. SUBORDINATION AGREEMENT This Subordination Agreement ("Subordination") is executed this --~"-day of 2002 by MARINE NATIONAL BANK OF NAPLES, N.A., a national banking association ("MAR/NE"), JORGE A. DIAZ and CAROLINA DIAZ, husband and wife ("DIAZ") and the COLLIER COUNTY BOARD OF COUNTY COMMISIONERS ("COUNTY"). R A(~KGRC~! FND WHEREAS, DIAZ has filed its Petition to Vacate Conservation Easement with COUNTY, and WHEREAS, COUNTY has approved the DIAZ Petition contingent upon DIAZ conveying back a Conservation Easement which is modified from the original, and WHEREAS, MARINE is the holder of that certain Mortgage dated May 31, 2000 in the original principal amount of One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) given by DIAZ, to MARINE recorded in Official Records Book 2682, Page 1709, Public Records of Collier County, Florida, and WHEREAS, both the MAR/NE Mortgage and the COUNTY's modified Conservation Easement will encumber parts of the following described real property: See Exhibit "A" attached hereto and made a part hereof. WHEREAS, MARINE has agreed to allow the COUNTY's Conservation Easement, as shown on the attached Exhibit "B", to have a first priority lien and MARINE has agreed that its Mortgage will be subordinate ~. to the COUNTY's Conservation Easement as more particularly set forth herein. AGRFFMFNT NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: I. MARINE subordinates its lien to the COUNTY's Conservation Easement and all debt evidenced or secured thereby, as set forth in the Mortgage, including principal, interest, costs and expenses, and to any and all extensions, modifications, amendments, enlargements or renewals thereof, and MARINE acknowledges that the lien of MARINE is junior, inferior, and postponed in priority, operation, and effect to the priority, operation, and effect of the COUNTY's Conservation Easement. 2. MARINE agrees that the indebtedness of DIAZ under the MARINE Mortgage is hereby subordinated in lien, priority, and payment of principal and interest and all other charges and fees, to the COUNTY's Conservation Easement. 3. The provisions of this Agreement are binding and are for the benefit of the parties, their successors and assigns. Subordination Agreement Page I of 3 JAN 2 8 2003 THE WITNESS WHEREOF, the parties have executed and delivered this Subordination Agreement on the date first stated above. MARINE NATIONAL BANK OF NAPLES, a WITNESSES: national bank/Jing associatio 2002 b~ as ~ of MARINE NA'['IONAL BANK OF NAPLES, a national ~banking asso~ianon, on behalf of the corporation. He is personally known to me or has producedJ.~t~'~ve~- [; r.~.~- .... (type of identification) as identification and did (did not) take. an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person executing this instrument did take an oath. ~ ~ By: Jorge A. Diaz By: Carolina Diaz STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002 by Jorge A. Diaz and Carolina Diaz, who are personally known to me or have produce~ .(type of identification) as identification and did (did not) take an oath. NOTE: If a type of identificauon is not inserted in the blank provided, then the person executing this mslrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person executing this instrument did take an oath. Signature (Type or print Name of Acknowledger) (Title or Rank) (Serial Number, if any) Subordination Agreement Page 2 of 3 JAN 2 8 2003 COUNTY: ATTEST: DWIGHT E. BROCK CLERK OF COURTS THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLOR.IDA, AS THE GOVERNING BODY OF COLLIER COUNTY By: Printed Name: Its: By: Printed Name: D~uty Clerk Approved as to form and legal sufficiency Patrick G. White, Assistant County Attorney Signature (Type or print Name of Acknowledger) (Title or Rank) (Serial Number, if any) Subordination Agreement Page 3 of 3 JAN 2 8 2003 Sheet I of 2 AVPLAT2002-AR2593 EXECUTIVE SUMMARY PETITION AVPLAT2002-AR2593 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE EAST LINE OF LOT 52, BLOCK 72, ACCORDING TO THE PLAT OF "NAPLES PARK UNIT NO. 5" AS RECORDED IN PLAT BOOK 3, PAGE 14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 28, TOWNSH~ 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 7.5 foot wide Utility Easement along the east line of Lot 52, Block 72 of said "Naples Park Unit No. 5." CONSIDERATIONS: Petition AVPLAT2002-AR2593 has been received by the Planning Services Department from Douglas Rankin, Esq., as agent for the petitioner, Nick Centenaro, Trustee, requesting the vacation of a portion of the 7.5 foot wide Utility Easement located along the east line of Lot 52, Block 72, so that they can construct an addition to the existing gas station building and construct additional buildings on Lots 51 and 52, Block 72. The Petitioner owns Lots 1 through 5 and Lots 51 and 52, Block 72. United Telephone Company of Florida is the only utility provider that is requesting a relocation Utility Easement. The Petitioner will provide a 5 foot wide Utility Easment along the north 5 feet of Lots 51 and 52 and a 5 foot wide Utility Easement along the west line of Lot 51 for United Telephone. Letters of no objection have been received from the following Collier County Departments: Public Utilities, Transportation, Stormwater Management, Engineering Services and Sheriff. FPL and MediaOne have also provided a letter of no objection. Zoning is Cl. This Executive Summary was approved by Greg Garcia in Transportation on 12-16-02 and by Jacquelyn Johnson in Public Utilities on 10-22-02. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. JAN 2 8 2003 Sheet 2 of 2 AVPLAT2002-AR2593 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 AVPLAT2002-AR2593 for the vacation of a portion of the 7.5 foot wide Utility Easement along the east line of Lot 52, Block 72, "Naples Park Unit No. 5"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Direct the Clerk to the Board to record the Grant of Easement from Nick Centenaro, Trustee, to United Telephone Company of Florida, Inc. individually in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: I~,~__ ~- ~, Rick Grigg, P.S.M. Engineering Services DATE:/2- / 7- ~ ~ REVIEWED BY: ~'[¢~"-0~ ,q.S <-. Thomas E. Kuck, P.E. Engineering Services Director DATE: /_z '-/:"' & .. APPROVED BY~ / ~,~'~'"'~..5~~ a,oseph K. Sclxnitt, Admimstrator C~rhmunity Development & Environmental Services DATE: ~/3./~--~ JAN 2 8 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2002-AR2593 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE EAST LINE OF LOT 52, BLOCK 72, ACCORDING TO THE PLAT OF "NAPLES PARK UNIT NO. 5" AS RECORDED IN PLAT BOOK 3, PAGE 14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Douglas Rankin, Esq., as agent for the petitioner, Nick Centenaro, Trustee, does hereby request the vacation of a portion of the 7.5 foot wide Utility Easement located along the east line of Lot 52, Block 72, according to the plat of ''Naples Park Unit No. 5" as recorded in Plat Book 3, page 14, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 7.5 foot wide Utility Easement located along the east line of Lot 52, Block 72, according to the plat of''Naples Park Unit No. 5", as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. JAN 2 8 2003 This Resolution is adopted this second and majority vote favoring same. day of , 2003, after motion, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. ~Vhite, Esq., Assistant County Attorney ~._~ 1"7 ~ JAN 2 8 2003 sc^LE,:.o'WiLLiAM McALEAR LAND SURVEYING INC. P.O. Box 9732 Naples. FL 34101-9732 Tclcphone: (94 !) 597-7428 EXHIBIT "A" Fax: (941)597-2803 SHEET 1 OF 1 ZAS~(~ffY Yg. Bg EI~I~I.~JISI~D AVPLAT2002-A.R2593 X 7.5 foot vide e&.st~eat ~cross a portion of Lot 52,B~ock72 of th~.t .: ce~..t~l, n.: a uJxlivi · io~ ..- ~m~~5.~~3~ 14~~~~ ~ ~ ~ ~-~: .............. ~h~-~et:~;$-~t"of ~t: S2 except ~e ~'S .~et ~f and-~e:-:~uth: ~ ~t thereof ..... ~: ': ......... / LOT*? I .o .L'."~"' '~" '"-'0'"' '" I HEREBY Ci~iilr~ Io nfA, K~,enrr~roM~oooM (,~] I . N01~ IOC).WM JAN 2 ~ 2003 16Al Attachment "C" PETITION FOl~i FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED THE PUBLIC EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: /~ ~'( ~, ~::;,a::~. Petition #: Petitioner (Owner): Nick Centenaro, Trustee Address: 176 Heron Avenue City/State: Naples, FL Agent: Douglas L. Rankin, Esq. Address: 2335 Tamjami Trail North, Ste. 308 City/State: Naples, FL Location of Subject Property:__101 2 1 Location: Section' 28 Township 48S Official Record Book 3 Page (s) 14 Legal Description: o~ce Attached Telephone:(239) 597-6979 Zip Code: 34108 Telephone: (239) 262-0061 Zip Code: 34103 N. Tamiami Trail, NAPLES PARK Range. 25E Current Zoning: C1 Does this affect density? No Reason for Request: Vacate Utility Eas~nt I hereby authorize Agent above to represent me for this petition: Signature of Petition Nick Centenaro, ..:::.--~L-~-, Print Name [] Yes [] No Date Trustee (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 If applicant is a land trust, indicate the name of beneficiaries. (F%.-'c~ attached) If applicant is a corporation other than a public corporation, indicate the nan _..t~n...,..,: and ~ 0) (2) (3) (4) Attachment "C" Page 4 of 4 major stockholders. If applicant is a partnership, limited partnership or other business entity, indi principals. List all other owners. ~te ~ JAN 2 8 2003 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners ITrans Number I Date Post Date 334252 1 5/22/2002 11:21:09 AM 5/22/2002 iPayment Slip Nbr ~ AR 2593 [ Appl Name: DOUGLAS L. RANKIN, ESQ. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 2335 TAMIAMI TRAIL NORTH SUITE 308 NAPLES FL 34103 Proj Name: CENTENARO, NICK Type: TAZ: 34 Subdiv Nbr: 1273 Project Nbr: 2002050065 Payor · CENTENARO Fee Information Amount ~ Waived $1000'00 ~' $1ooo.oot iFee Code Description 1 GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Total Payment Code CHECK 18762 Payments t Account/Check Number Amount ~ ,lOOO.OOl Total Cash I $0.00 Total Non-Cash i $1000.00 Total Paid I $1000.00 Memo: Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT JAN 2 8 2003 page 1 o[ 2 JAN 2 8 2003 DRAFT GRANT OF EASEMENT THIS INDENTURE, made and executed this 2 5th day of April ,2002, by and between Nick Centenaro, Trustee hereinafter collectively called "Grantor"and United Telephone Company of Florida, Inc., a Florida corporation, whose address is 555 Lake Border Drive, Apopka, FL 32703 and Collier County, a subdivision of the State Florida, hereinafter called "Grantees". WlTNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee, its successors or assigns, an easement for the installation, placement, operation, and maintenance of telephone wires and equipment, together with ingress and egress for the exercise of the fights granted hereby, over, under and across the property described in Exhibit "A" _ consisting of 1 page(s) attached hereto and made a part hereof. The easements, rights and privileges herein granted shall be perpetual, unless vacated by Grantee. Grantor hereby binds itself, its successors, assigns, and legal representatives, to warrant and forever defend the above described easements and rights unto Grantee, its successors, and assigns, and against every person whomsoever lawfully claiming or to claim the same or any part thereof. This instrument shall be binding on, and inure to the benefit of, the successors and assigns of the parties hereto. Page 1 of 3 JAN 2 8 2003 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its officer, on the day and year first above written. Witnesses: Signature Nick :ustee Douglas Print Name Signature L. Rank ~n _Lisa M, Martellaro .. Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged b. efore me this ~ day of April ,2002, by Nick Centenaro, Trustee, who is personally known to me or has produced Personally Known (Affix seal) as identification and did/did not take an oath. Notary Public (signature) Notary Public (,print name) My Commission expires: Page 2 of 3 JAN 2 8 20P~3 _ P.O. Box 9732 Naples, FL34101-9732 · Telephone: (941 ) 5970428 ~: Fax: (941) 597-2803 o LEGAL DESCRIPTION 15 A 5 fool wi~ u~emcnsmtacn~s apo~tio~ ~'Lots 51 and $2 of Block72 ~/'thnt on~ln subdivisi~ ~ ~1 : <1~ , //~/ ~P~ ' / .' _ ~ ~ · ~ ',e-,~"'/.','.. ..... _- , .. · s-.' ~ ~ ~t~ . ~ [ ,,... i '~- ~ ~ ~:'~":--- I ,..~, .~ ~ ,,,~ /- .- x ~,~. . · ~ . ~~~,,~ ..,--- . ~1 /-..- '~'~,., ~J ~Za. , _- / .; I ' ' i ' ". ~~:~ . ,,.- ,,.. ~,--~. .1' ~ , . . ~~ - ~x -~ ~ -- ,~=~ ~ ao .~ ~ ~ ~ .,la~282003 '" ' 11 COLLIER COUNTY GOVERNMENT PUBLIC UTILITIES DIVISION 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 July 17,2001 Law Office of Douglas Rankin Moorings Professional Building 2335 Tamiami Tr N. Suite 308 Naples, FL 34103 Re: Naples Park Lot 1,2,3,4,5, 52, Block 72, Unit 5 Dear Mr. Rankin: This office has reviewed your request to vacate the above-referenced utility easement located to the west of lots 1,2,3,4, and 5 and to the east of lot 52. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the Utility Easement. Should you have any further questions, please feel free to contact me. Sincerely, Lisa Taylor Engineering Technician I CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineering tech\easement vacation\naples park it 1,2,3,4,5, 52 blk 72 unit 5.doc L JAN 2 $ 20133 ELDER LAW ~"'ORPORATION AND BUSINESS LAW NEPAL PRACTICE r~EAL ESTATE WILLS, TRUSTS, & ESTATES LAW OFFICE DOUGLAS L. RANKIN _... , ~-:~',~'[ ~ MOOR NGSPROFESSONALBULDNG i ;~4 ~ ~3,.'35TAMIAMI TRAILNORTH SUITE 308 NAPLES, FLORIDA 34103 ,!1~ ~ ~'~ 9; -FAX(941)262-2092 0 I ,: - ~'! ~FICE (941) 262-0061 1 CERTIFIED The Florida Bar July 3, 2001 P.E. Director Transportation Department 3301 Tamiami Trail East Naples, FL. 34112 Re: Vacation of Utility Easement Dear Sir/Madame: The undersigned represents Nick Centenaro, who is the owner of Lots 1, 2, 3, 4, 5, 51 & 52 of Block 72, Unit 5, Naples Park, as recorded in Plat Book 3, Pagel4 of the Public Records of Collier County, Florida. Mr. Centenaro is requesting that the County vacate a utility easement located bet~veen his lots. This utility easement is located to the west of lots 1,2,3,4 and 5 and to the east of lots 52. This utility easement is currently only in use by underground cables by Sprint Telephone. To our knowledge this easement is not in use for any other utilities. Fur tiler, "-' ........... tins casement to the ....'- ~,: .... .,,-,~-.a ...... ,,,,a ray cliem ~Ouu, of my~,~e,t~ propc~y has ...... ~. owns approximately ~ of this block, be~een 10P' Ave. N. ~d 102"d Ave. N., my clients property bordering 102"a Ave. N.. The easement for the remainder of the block, ~om the southerly edge of my clients prope~y to 1 OPt Ave. N. has already been vacated, thus this easement does not go completely t~ou~ the block at the present time. My client is not seeking to vacate the utility easement be~een his property and the prope~y to the south, which will still exist and still be available for use. Collier County requires a Letter of No Objection be submitted by your agency or company, as indicated above, which must contain the statement, "I have no objection to the proposed vacation.". If this is the case, for your convenience we have included a signature line at the bottom of this letter for the authorized representative of your company to sign, or i 'ou n~l~}t~b ! accordance with your procedures, create your own letter, but it must contain the afore', neath, ed 1~% language. JAN 2 8 2003 Page 2 Letter to Transportation Department July 3, 2001 We have included a pictorial representation of my clients property and the proposed easement. The only thing that is inaccurate about this pictorial representation is that is indicates overhead power lines are in the easement, that is incorrect, the only thing in the easement are underground telephone lines, the power lines were removed years ago. If you have any questions regarding this matter, please do not hesitate to call or write. Very truly yours, Douglas L. Rankin I have no objgc~'tions to the proposej~/vacati°n set forth above. ..~.. 1t ,'~, 7 l~t ' "..' ~- ~ ... ~, . ~,-. . - "//~/~" I~ /? DLR:ah cc: Nick Centenaro n:\la~-10,¢entenaro utility 7.3.01 JAN 2 8 2003 ELDER LAW ~-Z')RPORATION AND BUSINESS LAW NERAL PRACTICE , ,EAL ESTATE WILLS, TRUSTS, & ESTATES CERTIFIED LAW OFFICE DOUGLAS L. RANKIN 209! JIJL -9 /?1 9:27 July 3, 2001 MOORINGS PROFESSIONAL BUILDING 2335 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FLORIDA 34103 OFFICE (941) 262-0061 FAX (941) 262-2092 The Bar I[AL ESIIT{ LAW John H. Boldt P.S.M.P.E. Director Collier County Stormwater Management 3301 Tamiami Trail East Naples, FL. 34112 Re: Vacation of Utility Easement Dear Sir/Madame: The undersigned represents Nick Centenaro, who is the owner of Lots 1, 2, 3, 4, 5, 51 & 52 of Block 72, Unit 5, Naples Park, as recorded in Plat Book 3, Pagel4 of the Public Records of Collier County, Florida. Mr. Centenaro is requesting that the County vacate a utility easement located between his lots. This utility easement is located to the west of lots 1,2,3,4 and 5 and to the east of lots 52. This utility easement is currently only in use by underground cables by Sprint Telephone. To our knowledge this easement is not in use for any other utilities. Further, this easement to the south of my clients property has already vacated. My client owns approximately ½ of this block, between 101s' Ave. N. and 102''~ Ave. N., my clients property bordering 102nd Ave. N.. The easement for the remainder of the block, from the southerly edge of my clients property to 101st Ave. N. has already been vacated, thus this easement does not go completely through the block at the present time. My client is not seeking to vacate the utility easement between his property and the property to the south, which will still exist and still be available for use. Collier County requires a Letter of No Objection be submitted by your agency or company, as indicated above, which must contain the statement, "I have no objection to the proposed vacation.". If this is the case, for your convenience we have included a signature line at the bottom of this letter for the authorized representative of your company to sign, or accordance with your procedures, create your own letter, but it must contain the afore~ ~enti~ed language. JAN 2 8 2003 Page 2 Letter to Stormwater Management July 3, 2001 We have included a pictorial representation of my clients property and the proposed easement. The only thing that is inaccurate about this pictorial representation is that is indicates overhead power lines are in the easement, that is incorrect, the only thing in the easement are underground telephone lines, the power lines were removed years ago. If you have any questions regarding this matter, please do not hesitate to call or write. Very truly yours, Douglas L. Rankin I have no objections to the proposed vacation set forth above. Representative '7-I1~ ol DLR:ah cc: Nick Centenaro n:',law 10~centenaro utility 7.3.01 JAN 2 B 2003 ELDER LAW ~"")RPORATION AND BUSINESS LAW .NERAL PRACTICE HEAL ESTATE WILLS, TRUSTS, & ESTATES LAW OFFICE DOUGLAS L. RANKIN MOORINGS PROFESSIONAL BUILDING 2335 TAMiAMI TRAIL NORTH SUITE 308 NAPLES, FLORIDA 34103 OFFICE (941) 262-0061 FAX (941) 262-2092 Ill CERTIFIED Thc Florida Bar July 3,2001 1 CERTIFIED The Florida Bar John R. Houldsworth Se,',ior Engineer Collier County Engineering Review Service 2800 North Horseshoe Drive Naples, FL. 34104 Re: Vacation of Utility Easement Dear Sir/Madame: The undersigned represents Nick Centenaro, who is the owner of Lots 1, 2, 3, 4, 5, 51 & 52 of Block 72, Unit 5, Naples Park, as recorded in Plat Book 3, Pagel4 of the Public Records of Collier Count)', Florida. Mr. Centenaro is requesting that the County vacate a utility easement located between his lots. This utility easement is located to the west of lots 1,2,3,4 and 5 and to the east of lots 52. This utility easement is currently only in use by underground cables by Sprint Telephone. To our -knowledge this easement is not in use for any other utilities. Further, this easement to the south of my clients property has already vacated. My client owns approximately ½ of this block, between 101s' Ave. N. and 102"~ Ave. N., my clients property bordering 102nd Ave. N.. The easement for the remainder of the block, from the southerly edge of my clients property to 101 st Ave. N. has already been vacated, thus this easement does not go completely through the block at the present time. My client is not seeking to vacate the utility easement between his property and the property to the south, which will still exist and still be available for use. the bottom of this letter for the authorized representative of your company to sign, or y, accordance with your procedures, create your own letter, but it must contain the aforerr language. Collier County requires a Letter of No Objection be submitted by your agency or company, as indicated above, which must contain the statement, "I have no objection to the proposed vacation.". If this is the case, for your convenience we have included a signature line at JAN 2 8 2003 Page 2 Letter to Collier County Engineering Review Services July 3, 2001 We have included a pictorial representation of my clients property and the proposed easement. The only thing that is inaccurate about this pictorial representation is that is indicates overhead power lines are in the easement, that is incorrect, the only thing in the easement are underground telephone lines, the power lines were removed years ago. If you have any questions regarding this matter, please do not hesitate to call or write. Very truly yours, Douglas L. Rankin I have no objections to the proposed vacation set forth above. Representative DLR:ah cc: Nick Centenaro n:'.lawl0,centenaro utility 7.3.01 JAN 2 8 2003 jeriff ,- SHERIFF DON HUNTER. COL'~,ER COUNTY 3301 Tam,ami Traii East, Bldg - J. Nap!es. FL 3-t112 (941) 774-4434 www.colhersheriffor§ Mr. Douglas L. Rankin 308 Moorings Professional Bldg. 2335 Tamiami Trail North Naples, Florida 34103 July 27, 2001 AUGO~ ~001 ~ /BY: PETITION TO VACATE CERTAIN RIGHT-OF-WAY LOTS 1, 2, 3, 4, 5, 51, 52, BLOCK 72, UNIT 5, NAPLES PARK PLAT BOOK 3, PAGE 14, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Dear Mr. Rankin: Staff has reviewed your request for a letter of "No Objection" for the above-described project, specifically the vacation of existing right-of-ways, contiguous to multiple lots, leading to a previously vacated utility easement. The Sheriff's Office reviews these requests to determine 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 Sheriff's Office has ''No Objection" to the granting of your request. If the agency can be of any further service, please advise. Sincerely, DH:GY:dv CC: File "The duty of the Collier County Sheriff's ( the lives, property and constitutional JAN 2 8 2003 ELDER LAW CORPORATION AND BUSINESS LAW GENERAL PRACTICE REAL ESTATE WILLS, TRUSTS, & ESTATES LAW OFFICE DOUGLAS L. RANKIN CERTIFIED The Florida Bar July 3, 2001 Dick Foley Construction Services Florida Power and Light 4105 15'h Avenue S.W. Naples, FL. 34116 Re: Vacation of Utility Easement MOORINGS PROFESSIONAL BUILDING 2335 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FLORIDA 34103 OFFICE (941) 262-0061 FAX (941) 262-2092 i CERTIFIED The Florida Bar t[kl. [~1~ E Dear Sir/Madame: The undersigned represents Nick Centenaro, who is the owner of Lots 1,2, 3, 4, 5, 51 & 52 of Block 72, Unit 5, Naples Park, as recorded in Plat Book 3, Pagel4 of the Public Records of Collier County, Florida. Mr. Centenaro is requesting that the County vacate a utility easement located between his lots. This utility easement is located to the west of lots 1,2,3,4 and 5 and to the east of lots 52. This utility easement is currently only in use by underground cables by Sprint Telephone. To our knowledge'this easement is not in use for any other utilities. Further, this easement to the south of my clients property has already vacated. My client owns approximately V2 of this block, between i0i~: Ave. N. and 102'''~' Ave. N., my cli~nt~ property bordering 102"a Ave. N.. The easement for the remainder of the block, from the southerly edge of my clients property to 101st Ave. N. has already been vacated, thus this easement does not go completely through the block at the present time. My client is not seeking to vacate the utility easement between his property and the property to the south, which will still exist and still be available for use. Collier County requires a Letter of No Objection be submitted by your agency or company, as indicated above, which must contain the statement, "I have no objection to the proposed vacation.". If this is the case, for your convenience we have included a signalnre line at the bottom of this letter for the authorized representative of your company to sign, or ~u accordance with your procedures, create your own letter, but it must contain the aforenienti~-A language. JAN 2 8 2003 Page 2 Letter to FPL July 3, 2001 We have included a pictorial representation of my clients property and the proposed easement. The only thing that is inaccurate about this pictorial representation is that is indicates overhead power lines are in the easement, that is incorrect, the only thing in the easement are underground telephone lines, the power lines were removed years ago. If you have any questions regarding this matter, please do not hesitate to call or write. Very truly yours, Douglas L. Rankin have no objections to the proposed vacation set forth above. 7' // ,.' ,y.J :~_/J-~,~r. ¢~,~.e ;I2:3~8- Representative DLR:ah cc: Nick Centenaro n:'xlaw 10Xcemenaro utility 7.3.01 JAN 2 8 2003 ELDER LAW CORPORATION AND BUSINESS LAW GENERAL PRACTICE REAL ESTATE WILLS, TRUSTS, & ESTATES LAW OFFICE DOUGLAS L. RANKIN CERTIFIED The Florida Bar July 3, 2001 Gene Howell Construction Services Media One 301 Tower Road Naples, FL. 34113 Re: Vacation of Utility Easement MOORINGS PROFESSIONAL BUILDING 2335 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FLORIDA 34103 OFFICE (941) 262-0061 FAX (941) 262-2092 / CERTIFIED The Florida Bar REALES1ATILA~ Dear Sir/Madame: The undersigned represents Nick Centenaro, who is the owner of Lots 1, 2, 3, 4, 5, 51 & 52 of Block 72, Unit 5, Naples Park, as recorded in Plat Book 3, Pagel4 of the Public Records of Collier County, Florida. Mr. Centenar0 is requesting that the County vacate a utility easement located betxveen his lots. This utility easement is located to the west of lots 1,2,3,4 and 5 and to the east of lots 52. This utility easement is currently only in use by underground cables by Sprint Telephone. To our knowledge this easement is not in use for any other utilities. Further. this easement to the south of my clients property hae ~lready vacated. My c!ient owns approximately ½ of this block, between 101" Ave. N. and 102"a Ave. N., my clients property bordering 102nd Ave. N.. The easement for the remainder of the block, from the erl ed e ofm clients roperty to 101s' Ave. N. has already bee vacated thus this south y g Y P . . easem~1.4o~.s~n.: tq~ ~c~mp~!etely through the block at the p~_. z ......... J Collier County requires a Letter of No Objection be submitted by your agency or company, as indicated above, which must contain the statement, "I have no objection to the proposed vacation.". If this is the case, for your convenience we have included a signature line at the bottom of this letter for the authorized representative of your company to sign, or you ~nay accordance with your procedures, create your own letter, but it must contain the aforemer :ione.~. language. JAN 2- 8 ""'~' Page 2 Letter to Media One July 3, 2001 We have included a pictorial representation of my clients property and the proposed easement. The only thing that is inaccurate about this pictorial representation is that is indicates overhead power lines are in the easement, that is incorrect, the only thing in the easement are underground telephone lines, the power lines were removed years ago. If you have any questions regarding this matter, please do not hesitate to call or write. Very truly yours, Douglas L. Rankin I have no objections to the proposed vacation set forth above. ~'h (/o.O~ Representative DLR:ah cc: Nick Centenaro n:'~lawl0'~ccn~naro utility 7.3.01 JAN Z 8 2003 ELDER LAW CORPORATION AND BUSINESS LAW GENERAL PRACTICE REAL ESTATE WILLS, TRUSTS, & ESTATES CERTIFIED' The Florida Bar L_AW OFFICE DOUGLAS L. RANKIN March 4, 2002 I~IOORINGS PROFESSIONAL BUILDING Z335 TAMIAMI TRAIL NORTH SUITE 308 I'qAPLES, FLORIDA 34103 OFFICE (941) 262-0061 FAX (941) 262-2092 CERTIFIED The Florida Bar Sprint · Crc~ Wind!and P.O. Box 2469 Naples, FL 34106 Re: Vacation of Utility Easement Dear Mr. Windland: Please find enclosed a survey setting forth the proposed easement that I believe Sprint requires in order to give a consent to the vacating of the current easement around my clients property. As you know you have been dealing directly with my client Nick Centenaro for some time on this property and he and I have both dealt with your predecessor. We have, "No objection," letters from all utilities and other interested parties except for Sprint. Of course we do not want to go ahead and give you this easement until such time we have County approval to vacate the existing easement. As such we propose you indicate that if we do grant you the new easement indicated in the attached survey that you will have no objection to the vacation of the current easement around the property which has been described in previous correspondence which is also attached hereto. If this is your understanding please sign this letter where indicated at the end so that we can submit this to the County, have this vacation approved and then we will record the new easement. Of course we are not going to grant the new easement until the vacation of the old easement is granted otherwise my client would Page 1 of 2 JAN 2 8 2003 end up with two easements and this of course is not acceptable to anyone. If you have any questions please do not hesitate to call. Very truly yours, Douglas L. Rankin DLR: Imm Enclcsures cc: C1 ient n:lawl0\lisa\2002~l~r\centenaro 2 28 02 //0~bk. St~ickland /Sprint Page 2 of 2 JAN 2 8 2003 om w u ~o c) c) c) c) c) c~ c) 0 o n c) r~ c~ ~u c) o o c~ c) c) c) n nj n 0 C) JAN 2 8 2003 I AC~qOA ~ JAN 2 8 2003 NOTES ore 4';4~ ~4"Concre}e J ~ ~ '~ ~ . -,' ..,.eo~ ~[~o~ f,?.B~"Lk42,L°!~ ;land~Z .... ~ .. ar.~ g8 ~,d Io~? l io,'~ 59 in B~ks B~.b4,bl, bO,5? unit b~. JAN 2 8 2003 JAN 2 8 2993 Details Page 1 o Fo,o No. I162651050005 II Property Addressll 10201 TAMIAMI TRL N Owner Namell UNITED TELEPHONE CO OF FL Addresses I ATT: PROP TAXES MIC 5240 PO BOX 165000 C~/IIALTAMO"TE SP~ II Legal I NAPLES PARK UNIT 3 BLK 42 LOTS 1-5 OR 247 PG 410 statell FL zipl132716-5o00 SectionII TownshipII Range ]1 Acres 28 Il 48 I[ 25 ]1 0,31 Use Code Map No. 3A28 Millage Area 68 IIStrap No. II 04004= 13A2 II Millage 2002 Preliminary Tax Roll (Subject to change) I Land Value Ii $ 337,500.00 I(+) Improved Value Il s 190,059.00 I (=) Market Value II $ 527,559.00 i1<.>SOH Exempt Value l( $ 0.00 (=) Assessed Value II s 527,559.00 I (') Homestead and other Exempt Value II $ 0.00 I (=) Taxable Value II s 527,559.00 soil = "Save Our Homes" exempt value due to cap on assessment increases, Sales History Book-Page Amount The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062651080006 AGENDA ITE~ JAN 2 8 2003 Details Page 1 of 1 Folio No. II 62651120005 Property Addres~]110265 TAMIAMI TRL N Owner Namel[ FRACASSO, GUY=& MELINDA I I Addresses!! 1267 GRAND ISLE CT Cityll NAPLES Il st,tell FL Il Zipll 34108-3324 Legalll NAPLES PARK UNIT 3 BLK 42 II LOTS 6-14 Section II Township II Range II 28 II 48 II 25 II sub .o. ,Il540400 ~ Use Code II 12 Acres 0.85 NAPLES PARK UNIT3 IMPROVED COMMERCIAL II II Map No. 3A28 Millage Area 68 I[ Strap No. II 510400 42 63A28 2002 Preliminary Tax Roll (Subject to change) I Land Value I (+) Improved Value ~,,L. (=) Market Value SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $ 926,750.00 $ 377,281.00 $1,304,031.00 $ 0.00 $ 1,304,031.00 $ 0.00 I (=) Taxable Value i $1,304,031.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 05/1996 II Ol/1988 o9/196~ Sales History Book-Page 2182-1773 1321-1309 92-188 Amount $ 4,128,4oo.oo Ii s=7o,ooo.oo $3o,ooo.oo The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?F°li°ID=0000062651120005 L JAN 2 8 2003 Details Page 1 ol Fo,o No. II 62761400000 II Owner NameJJ BOWEIN, LLOYD L Property AddressJJ 863 102ND AVE N AddressesJJ 10021 GULFSHORE DR ciwll NAPLES II Legal J NAPLES PARK UNIT 5 BLK 42 LOTS 47 + 48 stateJJ FL zipl134108-2023 I Section II Township II Range II Acres 11 Map Ho. I 28 II 48 I[ 25 Ii 0.31 Jl 3A28 Use Code II 1 NAPLES PARK UNIT 5 I[SINGLE FAMILY RESIDENTIAL JJ ~ Mil~lage~AAre~a JJ 68 2002 Preliminary Tax Roll (Subject to change) I Land Value II $1 o5,8oo.o0 I j(+) Improved Value II s 55,691.oo I J(=) Market Value II S 161,291.001 J(-) SOH Exempt Value II s o.oo J,(=)Assessed Value II $161,291.00 I J(-) Homestead and other Exempt Value JJ $ 0.00 J J (=) Taxable Value Il $161,291.00 J SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date II o8/2OOl II o8/2ool II 04/2000 II 12 / 1993 II 01/1990 II 09 11986 II o2t1985 II Sales History Book - Page 2871 - 510 2871 - 509 2658 - 3388 1890 - 733 1501 - 1553 1216 - 773 1122 - 1175 Il Strap No. II 511000 42 473A28 II Amount II $13s,800.0i II , o.o~ II s 13r II ,~ Il $ lO2,OOO.Ol II $ 74,000.01 II $ 81,000.01 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062761400000 AGENO^ ITEM JAN 2 8 2003 Details Page 1 of 1 Folio No. II 62761440002 Propert7 Addreesll 871 102ND AVE N Owner Namel[ CASTANO, H JAVIER=& SHERRY L Addressesll 8235 WILSHIRE LAKES BLVD cit~lI NAPLES II s~t. ll FL z~pl1341o9.0799 Legal]l NAPLES PARK # 5 BLK 42 LOT 49 Section Township Range Acres 28 48 25 0.15 I Sub No. Il 511000 I ~UseCo~e II 11 II NAPLES PARK UNIT 5 Ii IMPROVED COMMERCIAL 2002 Preliminary Tax Roll (Subject to change) Map No. 3A28 II ~ Millege Area Sales History I Land Value I (+) Improved Value I (=) Market Value ~.[J-) SOH Exempt Value (=) Assessed Value I (') Homestead and other Exempt Value $101,250.00. $ 56,958.00 $158,208.00 $ 0.00 $158,208.00 $ 0.00 I (=) Taxable Value $158,208.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 051 1996 09 1 1994 07 11990 051 1989 05 1 1986 Book-Page 2180-1607 1984-26 1542-1159 1441-91 1195-1452 Strap No. 511000 42 493A28 Jl Amount II s 99,000.00 II s 120,000.00 Ilil s 13o,ooo.oo= $105,000.00 = $16,ooo.oo The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail-asp?Foli°ID=0000062761440002 A~A ITEM~ JAN 2 8 2003 Details Page 1 of Folio No. I162761480004 Owner Namell ST JOHN, KARLA II Property Addressl[ a?5 102.D AVE N Addressesll 875 102ND AVE N ci~/ll NAPLES II statell FL Legalll NAPLES PARK UNIT 5 BLK 42 II LOT 50 zipl134108-3218 I SectionII TownshipII Range II Acres II Map NO. I 28 II 48 II 25 II 0.15 II 3^29 I sub.o. II 811o0o I '~.. Use Code II 1 NAPLES PARK UNIT 5 SINGLE FAMILY RESIDENTIAL Millage Area 68 II Strap No. II 811000 42 50-~A28 II Millage Amount $190,000.00 2002 Preliminary Tax Roll (Subject to change) Land Value II $101,250.00 j (+) Improved Value Jl I(=) Market value II I (') SOH Exempt Value II I (=) Assessed Value II I (') Homestead and other Exempt Value II I (=) Taxable Value I1 SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 21,245.00 $122,495.00 $ 0.00 $122,495.00 $ 0.00 $122,495.00 Date 041 2001 121 2000 10/1997 Sales History Book - Page II 2811- 3oas II 2752-1926 II 2353- 2143 $130,000.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062761480004 JAN 2 8 2003 Details Page 1 of l Folio No.I[ 62761480101 Owner Namell SPRINT-FLORIDA INC ][ Propert7 Addressll 879 102ND AVE N Addressesll MAIL STOP KSOPHK0210-2A450 II 6400 SPRINT P~VY CityJl OVERLAND PARK statell KS NAPLES PARK UNIT 5 BLK 42 II z~pl166251-6113 Legall[ LOT 51 SectionII TownshipII Range II 26 II 48 II 25 II Sub No. 511000 ~,. _u,e Cods lO NAPLES PARK UNIT 5 Acres 0.15 VACANT COMMERCIAL II Map No. 3A28 ~ Millaoe Area 68 2002 Preliminary Tax Roll (Subject to change) I Land Value __[ !+) Improved Value (=) Market Value I [') SOH Exempt Value I (=) Assessed Value I(-) Homestead and other Exempt Value $101,250.00 $ 0.00 $101,250.00 $ 0.00 $101,250.00 $ 0.oo I (=) Taxable Value $101,250.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Sales History Book-Page 2571-88 ][ Strap No. I[ 51100042513A28 Millage 6,ooo.oo! The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoIl°ID=0000062761480101 AC, ENOA I~ JAN 2 8 2003 Details Page Fo,o No-II 62761520003 11 Property Addressl[ 603 102ND AVE N Owner Namell UNITED TELEPHONE CO OF FL Addresses I ATT: KERI SULLIVAN PO BOX 12913 c~lI SHAWNEE M~SS~ON I[ Legal I NAPLES PARK UNIT 5 BLK 42 LOT 52 OR 247 PG 410 State][ KS zipl166=~2- SectionII TownshipI[ Range Il Acres II Map No. 2~ II 48 I[ 25 ]1 0.14 II 3A=~ SubNo. II 511ooo Use Code NAPLES PARK UNIT 5 IIVACANTCOMMERCIAL Millage Area II 68 IIStrap No. II5~000 42 523A28 II ~ Millage 2002 Preliminary Tax Roll (Subject to change) J Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value Jl $ 91,875.00 II s o.oo II $ 91,s75.00 II $ o.oo II $ 91,675.oo $ o.oo I (') Homestead and other Exempt Value II t (=) Taxable Value II SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 91,875.00 Date Sales History II Book - Page Amount The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062761520003 JAN 2 8 2003 Details Page 1 of 1 Folio No.ll 62782200001 Il Properb/Addressl110095 TAMIAMI TRL N Owner Name][ DUBSDREAD CONT & DEV CORP Addressesll % ISERMAN & ISERMAN BOOKKEEPING DEPT .PO BOX 477 c~/ll COLD SPG HBR st=tell NY z'.l114724-0477 LegallJ NAPLES PARK UNIT S BLK 69 II LOTS 1-5 + 61 + 52 OR 466° PG II 422 SectionII TownshipII Range II Acres II Map No. II 28 II 40 ii 25 It o.6 II 3A28 II I ~UseCode NAPLES PARK UNIT 5 IMPROVED COMMERCIAL II II Millage Area Strap No. 511000 69 13A28 '~. Millage 13.7681 2002 Preliminary Tax Roll (Subject to change) Land Value I ~+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 652,950.00 $ 45,640.00 $ 698,590.O0 $ 0.00 $ 698,590.00 $ 0.00 $ 698,590.00 Date II 09/1998 II 04/4991 Sales History Book-Page I[ 1650-422 Il 1606-448 II Amount $ 0.00 $ 67,900.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062782200001 Details Page ~o,o No. I162763400004 II Property Addressl1870 10`1ST AVE N Owner Namell DUBSDREAD CONT & DEV CORP Addresses 1% ISERMAN & ISERMAN BOOKKEEPING DEPT PO BOX 477 cit~ll COLD SPG HBR II state)l NY II zipll `1`1724-~477 LegalI NAPLES PARK UNIT 5 BLK 69 LOT 49 OR 1650 PG 422 Section II Township II Range II Acres II =6 II 48 II 25 II o.`15 II ~Use Code II 10 IIV^CANTCOMMEROI^' Map No. 3A28 Millage Area 66 2002 Preliminary Tax Roll (Subject to change) I Land Value II $ ~o.1,25o.oo I I Date I(+) Improved Value Il , o.ooI I 0411991 I{=) Market Value II $`1o`1,25o.ooll .t~ss, I(') SOH Exempt Value ~ $ 0.00 I I (:) Assessed Value II $101,250.00 I I (') Homestead and other Exempt Value $ 0.00 I I (=) Taxable Value II $ lO`1,25o.oo I SOH = 'Save Our Homes" exempt value due to cap on assessment increases. Sales History II Book - Page It 1606-448 II '148:3-'1980 II Strap No. II 5.1.1ooo 69 493A28 ~ M.lage II Amou.t S6' 0-~ II $ 2~,. The Information is Updated Weekly. http://www.collierappraiser.com/RecordDemil.asp?FolioID=0000062783400004 AGE~A I'rEM'~ JAN 2 8 200~, Details Page 1 of 1 Folio NO.lJ 62783440006 II Property Addressll 874 101ST AVE N Owner Namell DUBSDREAD CONT & DEV CORP Addresses~ % ISERMAN & ISERMAN II BOOKKEEPING DEPT II PO BOX 477 1 c~llCOLD SPG HBR II st=tell NY zipl141724-0477 Legalll NAPLES PARK UNIT 5 BLK 69 LOT Ji 50 OR 1650 PG 422 Section II Township II Range II Acres II Map No. 26 II 48 I1 25 II 0.15 II 3A28 sub.o.II 511000 Code NAPLES PARK UNIT 5 SINGLE FAMILY RESIDENTIAL II ~ Millape Area 2002 Preliminary Tax Roll (Subject to change) Land Value ,+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value 101,250.00 $ 24,930.00 126,180.00 $ 0.00 126,180.00 $ 0.00 I (=) Taxable Value i $126,180.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. I o1~99o II Sales History Book-Page 1606-448 1501 .332 ][Strap No. Il611000 99 5O3A2~ ~ Amount s 67,900.00" II $ 65,ooo.ou The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062783440006 JAN 2 8 2003 Details Page 1 ot Folio No. It 62786640007 Properb/Addressll 1O121 TAM,AM~ TRC N Owner Namell CENTENARO TR, NICK S Addressesll 176 HERON AVE ci~/ll NAPLES II S,=tell FL Zipll 34108-2112 Legalll NAPLES PARK UNIT 5 BLK 72 LOTS 1o5 + 51 + 52 OR 1073 PG 1750 I Section 11 Township II Ran,e I[ I 28 Il 48 Il 25 I[ ~UseCode I1 25 Acres ]1 0.72 ]1 IMPROVED COMMERCIAL Map No. II Strap No. 3A28 II 511000 72 13A28 II ~ Millage Area II ~ Millage II 68 II 13.,681 2002 Preliminary Tax Roll (Subject to change) ][ I[ Land Value $ 783,525.00 (+) Improved Value $107,056.00 (=) Market Value ][ $ 890,581.00] (-) SOH Exempt Value ][ $ 0.00 (=) Assessed Value }l $ 890,581.00 (-) Homestead and other Exempt Value II $ 0.00 (=) Taxable Value IL s 890,581.00 soil = "Save Our Homes" exempt value due to cap on assessment increases. Sales History Book - Page It Amount The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062786640007 JAN 2 8 2003 Details Page 1 of 1 Fo.o "o.]1 52786550009 Owner Name[I CENTENARO, NICK Ii Propert}/Add~ael110133 TAMIAMI TRL N Addressesl1176 HERON AVE c~/ll NAPLES II smteJl FL zipl134108. 2112 Legal I NAPLES PARK UNIT 5 BLK 72 LOTS 6 + 7 OR 223 PG 181 Section Township Range Acres Map No. I~ 28 48 25 0.11 3A28 I Sub No. ]1 511000 I '~,, Use Code [I 10 NAPLES PARK UNIT 5 VACANT COMMERCIAL 2002 Preliminary Tax Roll (Subject to change) I Land Value I (+) Improved Value .L., (=) Market Value SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value.. I (=) Taxable Value $125,000.00 $ 0.00 $125,000.00 $ 0.00 $125,000.00 $ 0.00 $125,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Sales History Book-Page Strap No. 511000 72 63A28 ~ _Milla~ge 13.7681 Amount The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062786680009 JAN 2 8 2003 Details Page 1 o Folio No-II 62786720008 II Property Addressll 10117 TAMIAMI TRL" Owner Namell BEACH SELF SERVE INC Addressesll 4060 TAMIAMI TRL N c"711 NAPLES II S~tell FL zipl134103- 3508 Legal I NAPLES PARK UNIT 5 BLK 72 LOTS 8 THRU 12 SectionII TownshipII Range II Acres 28 II 48 II 25 II 0.48 sub.o. Il 5110o0 ~.. Use Code Il 26 IINAPLES PARK UNIT 5 IMPROVED COMMERCIAL Map No. II 3A28 II Millage Area II Strap No. II 511000 72 83A28 2002 Preliminary Tax Roll (Subject to change) [ LandValue ][ [(+) Improved Value I -- Mar etVa ue $ 401,500.00 [{-) SOH Exempt Value ][ I ( =) Assessed Value (-) Homestead and other Exempt Value I (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 84,582.00 $ 486,082.00 $ 0.00 $ 486,082.00 $ 0.00 $ 486,082.00 Sales History Amount $105,000.0 The Information is Updated Weekly. http://www.collierappraiser, corn/RecordDetail.asp?FolioID=0000062786720008 JAN 2 8 200~ ,, ¢2. Details Page 1 of 1 Fo,,o "4 6278680000~ II Property Addressl[ 873 101ST AVE N Owner Namell OLIVOS TR, ALFONSO Addressesll OLIVOS TR, INES II UTD 8/1/97 II 5548 FOXHUNT WAY cit~ll NAPLES II St~tell FL II ZiPll 34104-4903 Legallr NAPLES PARK UNIT 5 BLK 72 LOT II 13 Section II Township II Range 28 II 4a Il 25 sub.o, ii 51,oo0 Code II 17 Il Acres II Map No. IIStrap No. 11 0.18 II 3A28 I[5~000 72 133A28 II NAPLES PARK UNIT 5 II IMPROVED COMMERCIAL 2002 Preliminary Tax Roll (Subject to change) I Land Value ~ ~) Improved Value (=) Market Value i(-) SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $101,250.00 $ 69,382.00 $170,632.00 $ 0.00 $170,632.00 $ 0.00 $170,632.00 Date o8~1,,~ II SOH = "Save Our Homes" exempt value due to cap on assessment increases. II ~,, Millaae Area II ~ Millacle Sales History Book - Page II Amount 2~87- 944 ,Ii s o.oo 1835- 2268 Il $ 45,000.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000062786800009 JAN 2 8 2~ Details Page Fo.o No. I152788840001 II Property Addressl1859,01ST AVE N Owner Namell DUBSDREAD ENTERPRISES INC Addressesll 3471 RIVER GARDENS CIR c,~ll PENSACOLA II S'~tell F, ZiPll 32514- 848= Legal NAPLES PARK UNIT 5 BLK 72 LOT 14 OR 1890 PG 1832 Section II Township II Ranae II Acres II ~ap No. 28 II 48 II 25 Il 0.45 II 3A28 sub.o. II514000 _Use Cod~ II4o NAPLES PARK UNIT 5 VACANT COMMERCIAL Millage Area 88 Strap No. 5~4000 72 443^28 Amount 2002 Preliminary Tax Roll (Subject to change) ] Land Value 11 $ 75,938.00 I I(+) Improved Value Il s o.oo [ (=) Market Value 1[ $ 75,938.00 J (-) SOH Exempt Value Ii $ 0.00 [ (=) Assessed Value II $ 75,938.00 I(') Homestead and other Exempt Value II s 0.00 I (=) Taxable Value II SOH = 'Save Our Homes" exempt value due to cap on assessment increases. $ 75,938.00 Date 12 11993 Sales History Book - Page I! 1890- 1832 $ 43,000.0 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD--0000062786840001 JAN 2 $ 2003 Details Page 1 of l Folio No.l[ 62786880003 Prope.~ Addressll 686 ~01ST AVE. Owner Namell RUSSO, RICHARD R=& JULIE K Addressesll 2831 E MAIN ST ci~/ll COLUMBUS Il S'~tell OH Z~PII 43209- 2587 Legalll NAPLES PARK UNIT 5 BLK 72 LOT SectionII TownshipII 28 II 48 II I ~ Use Code 511000 1 Range I[ Acres 25 II o.15 II NAPLES PARK UNIT 5 Ii SINGLE FAMILY RESIDENTIAL 2002 Preliminary Tax Roll (Subject to change) I Land Value I (+) Improved Value ,J-~ (=) Market Value j SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $ 52,800.00 $ 61,639.00 114,439.00 $ 0.oo 114,439.00 $ 0,00 I (=) Taxable Value $114,439.00 Date o4/8998 II ogt 1993 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Map No. 11 3A28 ~ Mil!a_oe Area Sales History Book-Page 2406-1276 1865-1379 Strap No. 511000 72 153A28 ~ Millage II Amount II $ o.o0 II s 80,000.00 The Information is Updated Weekly. http://www.collierappraiser.corn/RecordDetail.asp?FoliolD=0000062786880003 JAN 2 8 2003 Details Page 1 o Fo.o No. I162786S20002 I1 Property Addressl1664 ~0asm AVE N Owner Namell LUEDKE, ELMER E--& MARY JANE Addresses 538 106TH AVE N Cil~ NAPLES Legalll NAPLES PARK UNIT 5 BLK 72 LOT tl State FL 34108-1846 I I ~ Use Code Section II Township II Range II Acres 26 II 48 II 26 II 0.~s Sub No.II 6~,000 II N^PLES P^RK U.IT~ II II Map No. II ~A26 SINGLE FAMILY RESIDENTIAL Millage Area I1Strap No. I[6.000 72 ~63^28 I[ ~ _.,,age 2002 Preliminary Tax Roll (Subject to change) Land Value II $ 68,060.0011 Date ]1 Improved Value II $ 26,22s.ooll o7~.66 ]1 I(=) Market Value I1 $8~,~os.ool1 o~t~66 ]1 I(') SO" Exempt Value II $ o.ooI I (=) Assessed Value I1 s 84,3o6.oo I I (') Homestead and other Exempt ValueII s o.ooI I (=) Taxable Value !1 $ 64,3os.oo I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Sales History Book-Page I1 Amount II $ 63,soo.~ 1363-1928 1320-2188 $ 42,000.1~ The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000062786920002 Details Page 1 of 1 Fo.o .o.l152787800008 Properb/AddresslJ 860 102ND AVE N Owner NamelJ'~N PHILLIP ENTERPRISES INC Addressesll 860 102ND AVE N C~II NAPLES II statell FL zipll ~4108- 3215 Legal I NAPLES PARK UNIT 5 BLK 72 I LOTS 46 + 47 OR 1461 PG 1017 Section Township Range Acres 28 48 25 0.31 I Sub No. II 511000 I ~,, Use_Code II 12 NAPLES PARK UNIT5 IMPROVED COMMERCIAL Map No. 3A28 Milla_ae Area 2002 Preliminary Tax Roll (Subject to change) I Land Value I (+) Improved Value ,,,.L,. (=) Market Value ~ SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $105,600.00 I I Date $ 79,471.00 1 I 08 / 1989 S 185,071.00 1 I 09 / 1984 $ 0.00 [ $185,071.00 $ 0.00 J[ $185,071.00 I (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. Sales History Book - Page Il 14el. 1o17 1100-1408 Strap No. 511000 72 463A28 ~ Milla_oe Amount II $ I[ $12o,ooo.oo The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=O000062787800008 JAN 2 Details Page 1 o Fo,o No.~ 52?8?840000 II Owner Name]l DINATALE, KATHERINE Property Addressll 864 102ND AVE N Addresses~ 860 102ND AVE N c~ll NAPLES I[ Lega~Jl NAPLES PARK UNIT 5 BLK 72 LOT 1148 StateJ[ FL ZiPll 34108-3215 Section II Township 28 II 48 II SubNo, II 511000 '~,, Use Code II 0 Range II Acres II Map No. 25 II 0.~5 II 3A28 NAPLES PARK UNIT 5 VACANT RESIDENTIAL Millage Area [[ 65 II Strap No. II s~ooo 72 483A28 Amount $ 0.0 2002 Preliminary Tax Roll (Subject to change) ILand Value [(+) Improved Value Il [ (=) Market Value I(') SOH Exempt Value I (=) Assessed Value $ 52,800.00 $ 0.00 $ 52,800.00 I(') Homestead and other Exempt Value II I (=) Taxable Value 1[ SOH = 'Save Our Homes" exempt value due to cap on assessment increases. $ 0.00 $ 52,800.00 $ 0.00 $ 52,800.00 I Date Il o4/~gssII I°4/1999 II Io2/1985 II Sales History Book-Page 2536-1778 2536-1777 1179-2182 $ 3e $, ..0 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD--~000062787840000 JAN 2 8 2003 Details Page 1 of l Fo,o No-II 62787880002 Property Addressll 868 102ND AVE N Owner Name BIDAK LLC Addresses 270 MONTEREY DR NAPLES State FL Zi 34119-4624 Legalll NAPLES PARK UNIT 5 BLK 72 LOT II 49 SectionII TownshipIt Range II Acres II 28 II 4s II 25 II o.15 II 1 NAPLES PARK UNIT 5 ii VACANT COMMERCIAL Map No. 3A28 II ~ Millape Area Strap No. 511000 72 493A28 Amount 2002 Preliminary Tax Roll (Subject to change) I Land Value I (+) Improved Value /.,L.. (=) Market Value ) SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value 101,250.00 $ 0.00 101,250.00 $ 0.00 101,250.00 $ 0.00 101,250.00 I (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. D~e 0812001 1211999 0611996 0911981 Sales History Book - Page 11 2872-1753 II 2617- 2370 2200-359 II 938-1112 $198,000.00 $ 109,000.00 $ 0.00 $18,s00,00 [ The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000062787880002 JAN 2 8 2003 Details Page 1 c Folio No. II 62787920001 Owner Namell BIDAK LLC Propert~ Addressll 102ND AVE N AddressesJl 270 MONTEREY DR ci~/ll NAPLESII Legaql NAPLES PARK UNIT S BLK 72 LOT h Jt 5o s-~ll FL II z'Pll 34119-~62~ Section 28 Sub No. II 5110OO ~ Use Code Il 10 II TownshipII Range II Acres II 46 II 25 Il 0.15 II NAPLES PARK UNIT 5 II VACANT COMMERCIAL Map No. 3A28 Millage Area 68 2002 Preliminary Tax Roll (Subject to change) Land Value (+) Improved Value (=) Market Value tl (-) SOH Exempt Value (=) Assessed Value II (-) Homestead and other Exempt ValueII (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $101,250.00 $ 0.00 $101,250.00 $ 0.00 $101,250.00 $ 0.00 $101,250.00 IDate II Io8t2OOl II I12 t 1999 II Io6~1996 II Io9t1981 II Sales History Book-Page 2872-1753 2617-2370 2200-35g 938-1008 I[ Strap No. I[ 511000 72 503A28 I[ ~ M,,,a_~e S 198.ooo., S log.ooo. I II S l~,oooJ The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000062787920001 JAN 2 8 2003 sc^is ":' °'WILLIAM McALEAR LXND SURVEYING P.O. Box 9732 Naples, FL 34101-9732 Telephone: (941) 597-7428 Fax: (941) 597-2803 INC. LEGAL DESCRIPTION A 5 foot wic~ ~ calla]mi'act°ss a portion of Lots 51 ~ ~2 of Block 72 of that ccrta~ mlxiivision known as N~c~ P~k Unit 5, ~ rccorded in Plat book 3 page 14 of the Public reoord~ of Collier County Florida mar~ .la~icmlmly dc~rib¢~ a~ follow~: The North 5.0 f~:ct of Lot~ 51 and 52 of Block 72 Napl¢~ Park unit 5, and the W~'t 5.0 fo~t of Lot 51, block 72 N~I¢~ ~ Unit 5. ),r. $1 ,o't-E2 i cA,,, ,u cnn, B_ ..kS...~ knT- IZ. ~ · IOO ,oo ' T.O · JAN 2 8 2003 2 45,12 6~ JAN EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATION RELATIVE TO THE ATTACHED LIST OF "PUD SUNSETTING PROJECTS," WHICH HAVE NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), AND HAVE NOT SUBMITTED AN AMENDMENT APPLICATION PURSUANT TO THE RESOLUTIONS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON JUNE 25, 2002. OBJECTIVE: Staff is requesting that the Board of County Commissioners (the Board) review staff's findings and recommendations resulting from the Board's December 2, 2002 workshop. At that workshop, the Board directed staff to schedule these PUD zoned projects for further action as explained below. CONSIDERATIONS: Section 2.7.3.4 of the LDC requires the PUD property ovcner to submit an annual report on the progress of development one 3'ear from the date it was adopted by the Board, and every year thereafter based on the anniversary of its adoption. For those PUD's approved prior to October 24. 2001, if on the fifth 3'ear of their adoption the authorized development has not commenced to the thresholds established by Section 2.7.3.4, then the PUD is subject to re-review by the Board. This procedure is commonly referred to as the sunsening provision of the LDC. The attached PUD project list shows the dates on which the projects were approved. Most projects were approved in the 1980's and 1990's. The oldest project on the list was approved in 1975. To date, development in these projects meeting the threshold of LDC Section 2.7.3.4 has not occurred. The most recently approved project received an affirmative vote in January 1997. In 1997, two of the projects--Crestwood and Waterford Estates--received extensions of the PUD. granting additional time. Those extensions have expired. For various reasons, none of the projects had been previously targeted for sunsening. The Board adopted resolutions for eleven projects on June 25, 2002 as the first step to sunset the projects, since no development approvals were sought. Those projects were given until November 26, 2002 to submit a PUD amendment. To date, no amendment applications have been filed on any of tk~e projects. Some activity has been generated by some PUD property owners, as is reflected in the attached PUD Sunsetting Project Update [dated December 26, 2002]. In a workshop on December 2, 2002, staff provided two options to the Board to address most of · ' rezoning the sunsetting PUD projects. As the first optiom the Board could direct staff to initiate for each project, perhaps to a holding zoning district such as the Agricultural zoning dis second option staff presented to the Board suggested that staff should submit resol~ adoption that would prohibit further development using the existing PUD zoning until as the PUD is amended or rezoned by the property owner. Staff recommended the secc December 2002 Page I of 5 EXECUTIVE SUMMARY.doc the second option believing that it would be premature and illogical to propose rezoning, since staff, acting for the Board, would not know what development plans, if any, might be pending. At that workshop, the Board directed staff to present resolutions for the PUD zoned projects that would prohibit further development rather than initiate rezonings. This position was based in part on concerns about the use of a "holding" district, and also on concerns about the staff time and expense involved to rezone private property with no development plans. It was staff's position that it would be premature and illogical to propose rezoning, since staff would not know of any pending development plans. Staffwill be acting in behalf of the Board not the owner. Staff is presenting the sunsetting project list to the Board for further consideration since the time frame for amendment submittal has passed. Staff is recommending that the Board adopt a final sunsetting resolution for all but two of the PUD zoned projects to fully implement the sunset provision for those PUDs. The sunsetting resolutions will prohibit the submittal of any development proposals until the owner amends the PUD or rezones the parcel to a zoning district that would allow the proposed use. In this fashion, the cost of rezoning would be borne by the owner if and when an end user for the parcel is found. The Board would not pass along the cost to the public. There seems to be little merit in rezoning the projects if the PUD resolution can be used to fulfill the same purpose via the resolution wording. As noted above, staff is recommending different action for two projects that have been singled out of the list of the original eleven projects--Parkway Center and Jacaranda Center. Parkway Center is involved in right-of-way acquisition issues for the Santa Barbara Boulevard widening project. Other county staff is in negotiations with the owners to procure the needed fight-of-way. Therefore, it would not be prudent to expect the property owner to move forward with an amendment request until it is known how the right-of-way acquisition will affect the property. Staff explained this issue to the Board at the December 2, 2002 workshop and was directed to propose an amendment to allow the applicant six more months in which to submit an amendment. Staff therefore has included a resolution that would extend this PUD for six more months. The other project for which a resolution is not proposed is Jacaranda Center PUD. A development proposal is pending for that project and a letter was issued to the property owner's agent giving the project until January 30, 2003 to finalize the development approval that is pending. If the agent fails to procure that approval within the allotted time, the project will be brought before the Board for further PUD sunsetting action. Synopsis of Approved Land Uses: The PUD Ordinance for each project contains the list of uses approved for each project. A brief summary of the approved uses is provided on the "PUD Sunsetting Projects" list. Due to development that has occurred around these projects since they were approved, there may be compatibility issues that were not readily apparent when the projects were approved. Transportation staff has determined that several projects cannot comply with trans conditions contained in the original PUD Ordinance due to changes to development re that have occurred since the approval date. For example, the Crestwood PUD £ required the developer to provide left and right turn lanes on Immokalee Road at the EXECUTIVE SUMMARY.doc December 2002 Page 2 of 5 ulatlons · ,~ linan~c :_~-"1 ~ pr~i~ 2 8 2003 entrance. Due to changed conditions at the project location, Transportation staff has determined that the turn lanes are no longer appropriate. Consistency with the Collier Counl~~ Growth Management Plan (GMP) The listed PUD projects are located within different designations of the GMP. Amendments to the GMP to address coordination of land uses and infrastructure needs such as roads and sewer and water service have been changed since these PUD project were originally approved. The Board indicated in two workshops during the Spring of 2002, that because the developers of the listed PUD projects have not taken the opportunity to develop within the given time frame, the Board wanted the cases to be subject to any new regulations that may be adopted. The PUD projects may be deemed consistent with the overall GMP and with the individual elements of that documents at this time, but based upon Board direction, staff is recommending that amendments be submitted to address the GMP as that document may be amended at the time of submittal. Consistency with the Collier County Land Development Code: During the amendment review process, all jurisdictional staff would be given the opportunity to ensure that the PUD is consistent with current LDC requirements, as amended. Many of the PUD Ordinances do not conform to current regulations due to their age, and the extent to which regulations have changed. For example, Ordinance No. 81-23, Myrtle Woods, ,aras adopted at a time when only a limited number of commercial uses were required to submit for site plan review. Of the 109 approved uses in the commercial portion of that PUD, only 10 uses would have been subject to site plan review. Under today's LDC standard, all uses are subject to site plan review. Clearly an amendment to that PUD document is warranted to ensure that this project is subject to the same level of review as similar projects and uses. All of the PUD projects should be so amended in order to achieve consistency with present Land Development Code regulations. Staff Comments: While the aforementioned PUD zoned projects presented satisfactory development strategies at the time of approval, it is preferable that the owner(s) be required to submit amendments that can be reviewed by jurisdictional reviewers to determine what, if any, modifications ought to be made in light of current LDC and GMP requirements based upon the specific use proposed at that time. FISCAL IMPACT: The fiscal impact of the review of any owner-initiated amendment petitions should be offset by tirects the corresponding fee that is collected for a petition of that type. Contrarily, if the Board staff to begin county initiated rezonings for these PUD projects, the costs would hax, absorbed by the county. The rezoning petitions would be subject to the public meet public notice requirements of the LDC, without any fee from the property oxvner. Bec~ property owner, not the county, would reap the greater financial reward from resolutio: December 2002 Page 3 of 5 EXECUTIVE SUMMARY.doc ~se tile ' ' ofJt 2 8 2003 sunsetting status, the PUD property owners should fund any changes, rather than requiring county-initiated rezoning costs to be absorbed by the county. PLANNING SERVICES STAFF RECOMMENDATION: Based upon Board direction, staff recommends that the Board adopt the attached resolutions that preclude submission of any development approvals until such time as the owners receive approval of a PUD amendment, in compliance with the LDC as it is amended, or the owners rezone the PUD to a zoning district to allow a specific property use. EXECUTIVE SUMMARY.doc December 2002 Page 4 of 5 JAN 2 8 Z003 PREPARED BY: ELEM, AICP PRINCIPAL PLANNER REVIEWED BY: /,.2- DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER / DATE' MARG, A~ET WUERSTLE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: CO~JN'ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY.doc December 2002 Page 4 of 4 JAN 2 ~ 20S3 m RESOLUTION 2003-__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-7 ALSO KNOWN AS "CRESTWOOD" PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-280; AND PROVIDING AN EFFECTIVE DATE. .RECITALS WHEREAS, the "Crestwood" PUD, Ordinance 90-7 adopted on January 23, 1990, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-280 on June 25, 2002 directed the property owner of the Crestwood PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the Crestwood PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -l- JAN 2 8 2003 The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the Crestwood PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY CON~IISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G White Assistant County Attorney CRESTWOOD PUD RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 95-14 ALSO KNOWN AS PARKWAY PLACE PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002- 282; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "PARKWAY PLACE" PUD, Ordinance 95-14 adopted on March 28, 1995, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4, Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current pLTD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-282 on June 25, 2002 directed the property owner of the PARKWAY PLACE PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the PARKWAY PLACE PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- JAN 2 8 2003 The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the PARKWAY PLACE PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE 1T FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk ,,_fi42proved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney PARKWAY PLACE PUD -2- JAN 2 8 2003 lo RESOLUTION 2003-__ A RESOLUTION BY THE BOARD OF COUNTY COIVIMIS SIONERS OF COLLIER COUNTY, FLORIDA. PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 91-31 ALSO KNOWN AS WATERFORD ESTATES PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002- 285; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "WATERFORD ESTATES" PUD, Ordinance 91-31 adopted on April 9, 1991, amended by 97-176 on March 18, 1997, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-285 on June 25, 2002 directed the property owner of the WATERFORD ESTATES PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the WATERFORD ESTATES PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- JAN 2. 8 2003 The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the WATERFORD ESTATES PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted at, er motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMI~{ISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney WATERFORD ESTATES PUD -2- JAN 2 8 2003 ,,,. IZ RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 75-29 ALSO KNOWN AS VFW PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-286; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "VFW" PUD, Ordinance 75-29 adopted on July 9, 1975, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-286 on June 25, 2002 directed the property owner of the VFW PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the VFW PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. The County staff has complied with the review requirements of LDC {} 2.7.3.4 as applicable to this property. -1- JAN 2 8 20'0o Pursuant to LDC § 2.7.3.4 the VFW PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning , Chairman ATTEST: DWIGHT E. BROCK, Clerk- Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick O. White Assistant County Attorney VFW PUD -2- JAN 2 8 2003 RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 81-23 ALSO KNOWN AS MYRTLE WOODS PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-287; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHIEREAS, the "MYRTLE WOODS" PUD, Ordinance 81-23 adopted on May 5, 1981, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WH~EREAS, the Board of County Commissioners adopted Resolution 2002-287 on June 25, 2002 directed the property owner of the MYRTLE WOODS PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the MYRTLE WOODS PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- AGF.~, A ITtl~ JAN 2 8 20UJ The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the MYRTLE WOODS PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTI-tER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney MYRTLE WOODS PUD -2- AC~J~A I'rF.M JAN 2 8 2003 RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 92-75 ALSO KNOWN AS ORANGE BLOSSOM GARDENS PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-289; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "ORANGE BLOSSOM GARDENS" PUD, Ordinance 92-75 adopted on October 19,1992, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-289 on June 25, 2002 directed the property owner of the ORANGE BLOSSOM GARDENS PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the ORANGE BLOSSOM GARDENS PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- ~?,ENOA JAN The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the ORANGE BLOSSOM GARDENS PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Hennin~, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney OKANGE BLOSSOM GARDENS PUD -2- JAN 2 8 2003 RESOLUTION 2003-__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 93-92 ALSO KNOWN AS SUNSHINE VILLAGE PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002- 290; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "SUNSHINE VILLAGE" PUD, Ordinance 93-92 adopted on December 21, 1993, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-290 on June 25, 2002 directed the property owner of the SUNSHINE VILLAGE PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the SUNSHINE VILLAGE PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- AC, E~OA ITEM JAN 2. 8 2003 The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the SUNSHINE VILLAGE PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of .., 2003. BOARD OF COUNTY COaX, h-MISSIONERS COLLIER COUNTY, FLOKIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk A~.roved as to Form and Legal Sufficiency: ; ) ',. // Patrick G. White Assistant County Attorney SUNSHINE VILLAGE PUD -2- JAN 2 8 2.003 RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 84-71 & 92-62 ALSO KNOWN AS MICELI PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002-288; AND PROVIDING AN EFFECTIVE DATE. RECITALS. WHEREAS, the "MICELI" PUD, Ordinance 84-71 & 92-62 adopted on October 2, 1984 and September 1, 1992, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-288 on June 25, 2002 directed the propei'ty owner of the MICELI PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the M/CELI PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- ~aF.3IOA ITEM JAN 2 8 The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the M1CELI PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTI-IER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney MICELI PUD -2- JAN 2 8 2003 RESOLUTION 2003-__ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 96-04 ALSO KNOWN AS GARDEN WALK VILLAGE PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION 2002- 283; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the "GARDEN WALK X,qLLAGE" PUD, Ordinance 96-04 adopted on February 13, 1996, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHEREAS, the Board of County Commissioners adopted Resolution 2002-283 on June 25, 2002 directed the property owner of the GARDEN WALK VILLAGE PUD to submit an amendment by November 26, 2002; and WHEREAS, the property owner did not file an amendment to the GARDEN WALK VILLAGE PUD within the afore-mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. -1- JAN ? 8 200; The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4 the GARDEN WALK VILLAGE PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. BOARD OF COUNTY COM3,flSSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney GARDEN WALK VILLAGE PUD -2- JAN 2 8 2003 RESOLUTION 2003- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE ALSO KNOWN AS PUD, REQUIRING SUNSETTING OF THE PROJECT BECAUSE A PUD AMENDMENT WAS NOT SUBMITTED PURSUANT TO RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the .... PUD, Ordinance adopted on, is subject to the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Master Plans as such regulations for project approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the subject PUD and has determined that the development authorized by the current PUD Master Plan has not commenced and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and WHiEREAS, the Board of County Commissioners adopted Resolution on June 25, 2002 directed the property owner of the PUD to submit an amendment by November 26, 2002; and WI-IEREAS, the property owner did not file an amendment to the PUD within the afore- mentioned six month time period; and WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals cannot be granted. NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above Recitals are accepted as true and are adopted by reference as if fully set forth herein. The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. -1- JAN 2 Pursuant to LDC § 2.7.3.4 the PUD is hereby considered to have sunsetted, and accordingly development will not be approved by the county for the subject site until such time as the Crestwood PUD is amended or rezoned to another zoning district consistent with the requirements of the LDC. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition. This Resolution is effective immediately upon its approval. This Resolution adopted after motion, second and majority vote. Done this day of _, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney PUD -2- JAN 2 8 2003 RESOLUTION 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 95-10 KNOWN AS THE PARKWAY CENTER PUD, EXTENDING THE PUD APPROVAL TO JULY 28, 2003, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parkway Center PUD is subject to Ordinance #95-10, adopted on February 28, 1995, and must comply with Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved PUD Zoning Districts for all PUD's approved prior to October 24, 2001; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has deter- mined that the development authorized by the current PUD Master Plan has not commenced; and WHEREAS, the Board of County Commissioners has been apprised of the on-going right-of-way negotiations with Collier County that have not yet been resolved such that development approvals could be sought through Collier County, and staff recommends that the PUD zoning should be extended for six months, until July 28, 2003 to allow the owners time to address right-of-way acquisition issues: NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Collier County, Florida that: The above recitals are accepted as true and are adopted herein by reference as if fully set forth herein. The County staff has complied with the review requirements of LDC § 2.7.3.4 as applicable to this property. Pursuant to LDC § 2.7.3.4., the Board adopts planning staff's recommendation and extends the current PUD approval until July 28, 2003. Thereafter; the owner must either amend the PUD in compliance with the LDC, or rezone the property to another zoning district to allow the proposed use; If no amendment is forthcoming on or before July 28, 2003, the project may be deemed sunsetted and the County will not accept applications seeking development approval until such time as the PUD is either -1- JAN 2 8 2003 amended in compliance with the LDC, or rezoned to another zoning district to allow the proposed use. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution is effective immediately upon adoption. This Resolution adopted after motion, second and majority vote. Done this day of _, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CH~ ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney -2- JAN 2 8 2003