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Agenda 10/06/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONE[ AGENDA Tuesday, October 6, 1998 9:00 a.m. ('lcrk '1'. Thc Ih)ard · '\~[flll11 4111 l:ioor FP ('V IN 3 I NOTICE: ALL PERSONS WISIIlNG TO SPEAK ON ANY AGENDA ITE,',I MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER \VITII TIlE COUNTY ADMINISTRATOR PRIOR TO TIlE PRESENTATION OF TIIE AGENDA ITEbl TO BE ADDRESSED. REQUESTS TO ADDRESS TIlE BOARD ON SUBJECTS WtIICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITII EXPLANATION TO TIIE COUNTY ADMINISTIL.kTOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF TIlE FLEETING AND WILL BE ItEARD UNDER 'PUBLIC PETITIONS-. ANY PERSON WIlO DECIDES TO APPEAL A DECISION OF TIIIS BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TtIERETO. AND TIIEREFORE MAY NEED TO ENSURE TIlAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WllICII RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WtiICH Tile APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GIL-~NTED BY TIlE CHAIRMAN. ASSISTED LISTENING DEVICES FOR TIIE tlEARING IMPAIRED ARE AVAILABI.E IN TIlE COUNTY COMMISSIONERS' OFFICE. LUNCII RECESS SCItEI)ULEI) FOR 12:1}o NOON 3'0 l:OO P.M. I. INVOCATION - Reverend Bruce Ingles, Mrmrings Preshyterian Church 2. PLEDGE OF ,.\I,LEGIANCE 3. APPROVAL OF .AGENDAS A. APPROVAl, OF CONSENT AGENI)A. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR A(~ENDA. APPROVAL OF MINUTES A. September 8, 1998 - Regular meeting B. September 9, 1998 - Budget meeting C. Scl)tend)er 15, 1998 - Regular meeting PROCLAMATIONS AND SERVICE AWARDS I October 6. 1998 A. PROCLAblATIONS. 1) Proclamation proclaiming the ~'eek of October 4-10, 1998 as National 4-H Week. To be accepted by Officers Ryan Carlson and Stacy Sobota. 2) Proclamation proclaiming October 24, 1998 as blake a Difference Day in Naples, Florida. To be accepted by. Peter IIewitt, Realtors' 3) Proclamation Recognizing tho~ who assisted a'ilh Emergency operations during llurrlcane "Georges". To be accepted by Ken Pineau, Emergency blanagement Director. 4) Proclamation proclaiming October 5, 1998, as blcntai Illness Awareness Da)'. To be accepted by KathD'n llunter, Executive Director, Alliance for the blentally Ill. B. SI?RVICE AWARDS 1) Travis Gossard, Fleet Management - 5 Years 2) Craig ?,larlinusen, Water Department - 5 Years 3) Clyde Fugate. Planning Serxices - I0 Years 4) Joe Boscag:lia, Parks and Recreation - 10 Years C. PRESENTATIONS 1) Recommendation to recognize Jo¢ Boscaglia. Park Ranger. Parks and Recreation Department as Emplo)ee of the Month for October, 199g. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CtiANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Pamela Bo~dan, County Coordinator for Special Olympics requesting financial supporl fi}r a full-tlme coordinator for the Special Olympics Program. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & EN",'IRON31ENTAL SERVICES !) Dalanda McC:mlcy requesting an appeal of Declaration of Public Nuisance Weed Abatement Code Enforcement Case No. 70729-71. 2) Samuel Chiancola, representing thc Saint Elizabeth Ann Scton Council of Ihe Knights of Columbus, requesting a waiver of the right-of-way permit fcc for a parade to be held October 10, 1998 in Golden Gate. B. PUBLIC WORKS I) Approve a Resolution for a State Revolving Fund Loan Applicalion for the North Count)' Rc~ional Waste~vater Treatment Facility Expansion. October 6, 1998 D. E. F. PUBLIC SERVICES SUPPORT SERVICES COUNTY ADMINISTRATOR AIRPORT AUTIIORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Health Planning Council of Southwest Florida, Inc. B. Appolntmcnt of member to the Code Enforcement Board North. 'i11' OTttER ITEMS A. OTtlER CONSTITUTIONAL OFFICERS B. PUBLIC CO,~I£NT ON GENEm~,L TOPICS PUBLIC ItEARINGS WILL BE IIEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. I$. 16. ADVERTISED PUBLIC HEARINGS - BCC COMPREItENSIVE PLAN AMENDMENTS B. ZONING A.M END,M ENTS C. OTIIER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC tlEARINGS B. OTIIER STAFF'S COMMUNICATIONS BOARD OF CO lINTY CO51M ISSIONE RS' COMMUNICATIONS CONSENT AGENDA - All matters listed under this ilcm are considered to he routine and action ss'ill be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from thc Consent Agenda and consldcred separately. · 4. COMMUNITY DEVELOPMENT & ENVIRONblENTAL SERVICES 3 October 6. 1998 1) 2) 3) 4) 5) 6) 7) 8) 9) I) 2) 3) 4) Pctitlon No, C-98-$, ¥. Carlclon Ca~e of thc Kiwanis Club of Naples rcqucstin~ a permit to conduct a circus on November 21 and :22, 1998 at Cclbrafion Gardens AKA Florida Sporls Park on County Road 951. Lien Resolutions - Code Enforcement Ca~ Nos. 70305-26.1 - Ronald & None,, Gill; 7¢)8~}6-022 - Leonard J Bubri & Nicholas Kar;llis; 80812-038 - Sunbrella llomes Inc.; 80309-006. Walter F & Rose Marie New,man; 8041}7-.~1 i - Connie Simon & Marlo Pikul Lien Resolutlon.~. Code Enl'orcement cake Nos. 708144303 - Vane Est, Irene P Sorkalowskl c/o Renetta Spcnce; 801154)27 - Daniel vonRabenaa, Trustee. Talcott Communication Corp. Pension Plan & Trust UTD I I/$0/77, 80120-1.13 Willie Mac Postelle c/o G Jean Cant)'; 80130-096 Thomaa D Saylor & Rober~ A Saylor Lien Resolufion.~ - Code Enforcement Ca~ No, 705024389 - Klnndie Aragon, A Peso: 803104364, 8113104365, 8113104366 - Bina Properlics Corp Aulhorizatlon to award Bid #98-2841 "Shellabargcr Park Infrastructure hnprovcmcnts" and authorize staff to initiate an Agreement ~ ith Denco Construction. Inc. of Ft. Myers, Florida fl}r the construction of Ibc 1997 CDBG Neit, hhorhood Revilallzad.n Project kmm n an The Shellabar~er Infra.~tructure Improvement Project, located in Imnmkalee, FL Rcqucs! to at)l}ro~c for recording thc final plat of Quail West Pha~ Ill, Unit 1 and approval of the Performance Sccuril)'. Authorizatinn f~r staff to initiate an informal challenge to thc U. S. Census Bureau's polml;~ti,n pr~jecti.ns for 1996. Commission approval of an '-,~recment ~ ilh the Economic Dcsclopmcnt Council of Collier County', Inc. {EDC) to execute condnuatinn of the Economic Diversification Pro,ram; and provide a contribution of up to $251¥}t~t~ for fiscal .~ear 1998-99 Recommendation to apl}rovc Exca,,ation Permit No. 59.6.18 "Winchcslcr Lake Co~nmercial Excavation" located in Section 16. Tmvnship 48 S,uth. Range 28 East, lmunded on the north b) land zoned 'Estates", on the cast by land zoned A~.r~cultural , on lite south by C.R./45,~ and land z.nefl 'Estatc~'. on tt~e west by the Faka Union Canal and I;md zoned ~Eslate~' PUflIAC WORKS Authorize the Chairman to accept the Rcc)'clln,~ & Education. Waste Tire, and Liltcr Control and Pre~ cnlhm Grant A~rccments and authorize t~.c Solid Waste Director to si~n the Agreements. Apl~ro','e Bid #98-2836. "Golden Gale Beautification 51STU/MSTD Road'.~ av (;rm~nds ,",I aintcnancc.~ · Rccmnmendation that the Board of Cf~unl~ Commissioners ;mard llid No. 98-2817. 'Pa rehasc/Dclive~, of Fertilizer," for FY ~)8/99. Recommendation to award Public ",Vork.~ Bid #98-2837 for Annual Water and '¢,,'aste'u,'ater Treatment Chemicals for Fiscal 5'ear 98/99. 4 Ck:to~r 6. 1998 $) Award a Contract for Bid No. 98-2845, Bluebill Park Burrer Planting to Hannula Land~aplng, Inc. in the amount of $69,260.00. C. PUBLIC SERVICES 1) 2) Approval of a lease agreement between Collier Counts' and State of Florida Deparlmcnt of llealth allowing use of a porlion of a County-owned building kno~wn as the Health Building located in Immokalee. Enter into an agreement with the Collier County School Board for summer camp field trip transpor~atlon. a) Approval of an agreement between Naples Community llospital (NCtl) and Collier County allowing for thc performance of autopsies at the County Medical Examiner building. 4) Authorize the correction ot' a scrlvencr's error to a conslruction agreement with Gulf.toast Skimmers. D. SUPPORT SERVICES I) Execute Contractual Agreement with the City of ,Marc. hi:md for Fire Protection Services for Goodland and Key Marco Serx'icc Area. COUNTY ADMINISTRATOR I) Budget Amendment Report BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1. MISCELLAN~EOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. OTItER CONSTITUTIONAL OFFICERS !) Recommendation that the BCC aulhorize the procuren~ent of imaging llardware and Software. COUNTY ATTORNEY 1) Recommendation for thc Board to consider and approve a proposed ~ltlement of thc lawsuit entitled Penny Rodri~,ue: v.~. Collier County, Case No. 97-00604)I-TB. and ~o authorize the Board Chairman to execute the necessarx settlement documents. AIRPORT AUTIIORITY 1) 2) Execute and thereby accept an avigation easement over section 13 of the Fiddler's Creek Planned Unit Devclol)ment (PUD) from Dy Associates ,Joint Venture to Collier County and the Collier County Airport'Authoritv. Approve a budl~ct amendment that increases thc budget for fucl sales and increases approl~riafions by S76,600.00. 5 Oclobcr 6. 1998 17. SUMMARY AGENDA. ALL ITEMS APPEARING UNDER THIS SECTION MUST MEET THE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY TIlE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTIIORIZING AGENCIES OF ALL ~,IE/~IBERS PRESENT AND VOTING; 3) NO WRI'I'FEN OR ORAL OBJECTIONS TO TIlE ITEM RECEIVED BY STAFF, TIIE COLLIER COUNTY PLANNING CO3I~IISSION, OTIIER AUTtlORIZING AGENCIES OR TIlE BOARD, PRIOR TO TIIE COMMENCEMENT OF TIlE BC MEETING ON WHICH TIIE ITEMS ARE SCIIEDULED TO BE IIEARD; AND '0 NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO TtIE ITEM. ADJOURN COUNTY AI)5IINISTFLATOR,S OFFICE AT 774-8383. 6 October 6. 199a _AGENDA CHANGE,V BOARD OF COUNTY COMMIS,~IONER, q' i$1EETING QCTOBER 6, 1998 MEETING ADD: ITEM 8(I1)(2). Funding authori:.ation for seagrass removal on Collier County, Naples and Marco Island Beaches. (StafJ's requesO. ADD: ITEM IO(C ) - Presentation by David Guggenheim and request for BCC support of Amendn~ent 5. (Contmissioner MacKie). ~4DD: ITEM I6(A)(IO) - Appro;,e for recording, the final plat of "The Preserve at the Shores at Berkshire Lakes", and approval of the perfi~rmance security. (Commissioner ltancock). NOTE: ITEM 16(C) (3) - Corrected signature block to include additional signature. PROCLAt~A TXON the goal of 4-H is to provide educational opportunities for the youth end adult volunteers in Collier County in the areas of leadership. citizenship, personal development, and practical skills; and WHEREAS. these activities have resulted in learning experiences and accomplishments that have received State and National recognition: and WHEREAS, the Board of County Commissioners of Collier Count), feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and the 4-H members receive inspiration and guidance from interested parents, professional Cooperative Extension Service workers and volunteer adult and teen leaders, and support from many community organizations and businesses; and WHEREAS, 4-H forms partnerships and collaborates with other youth serving agencies to reach a wide and diverse audience. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 4 - 10, 1998. be designated as NA'I-IONAL 4-H WEEK ond u~e oil citizens of Collier County to join this Board in giving appropriate recognition to the achievements of the 4-H Clubs of Collier County. DONE AND ORDERED TI~S 6 77~ boy of October, 1998. BOARD OF COUNTY COIHA4£SS£ONE~S COLLI'E~ COUNTY, FLORIDA A TTE$ ~: O W£GHTb'. 8DOCE, CtEI?K OCT 06 1998 Pg- PROCLAMATZON WHEREAS, serious social problems concern our notion and threaten its future; and WHEREAS. connecting with others and working together through volunteer service con bridge the differences that separate people and help solve serious social problems; and WHEREAS, we. the American people, have a tradition of philanthropy and volunteerism; end WHEREAS. more than a million self-sacrificing individuals touched and enhanced the lives of millions on the seventh annual day of doing good by giving where there was a need. rebuilding what had been torn down. teaching where there was a desire to learn and inspiring those who had lost hope: and WHEREA~, USA WEEKEND, and The Points of Light Foundation end its Volunteer Centers, have joined to promote an annual national day of doing good that cerebrates and strengthens the spirit of volunteer service; and WHEREAS, WHEREAS. volunteer service is'an ~nvestmen, in the future we oil must share; and The Naples Area Board of REALTORS ~nd Association of Real Estate Professionals (NASOR) have joined with'the Co~mdnlty Foundation of Collier County in Its program. REALTOR'S® Ma~e'a Difference to encourage the real estate community to raise funds to build a Habitat for Humanity House in Collier County. . ' NOW THEREFORE, be it proclaimed by the Bo~rd of County Commlssfoners of Collier County, Florida. theft October 24.1998. be designated as MAKE A D~-'FERENCE DAY IN NAPLES, FLORIDA and urge our fellow citizens to observe this dcry"by connecting with friends, fellow zmploye~ end relatives, and with religion, sch~l and civic groups to engage in p~jects benefiting their commUni~. AND FURTHERMORE. we acknowledge KIAI~OR and The Community foundation of Collier County for Co-Sponsoring REALTORS® Make a Difference. inspired by Make ~ Difference boy; and we urge the real estate communi~ to participate in helping to build a 'Habitat House" for a deserving family. DONE AND ORDERED TH'rS 6th Day of October, 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DW]~GHT E. BROCK. CLERK AGENDA )~l;[M OCT 0 § 1998 ,/ Pg., PROCLAtAA TION ~/HEREA$. ~VHEREA$, WHEREAS. WHEREAS. WHER EA $. the Nat, on~l Hurr, cane Center retuRn, zed lhe danger to Colbcr County res, den ts by piece9 the County under o hurt*cane ~*~rmng. and the gencnal pubhe and other response or~on,zohons ~cr¢ }~¢pt ~nformcd of thc stat,tS of th~$ potenhally dangerous hurmcane, and the ethos o/A/arco Island. h.~ple$ and E~ergloocs C~ty act,~tcd d~c,r emerg¢~.cy plans m cancer! w~t~ Co/her Coun~); and the Colher County $fier, ff$ OPE, ce. the C, ty of Naples £ol, ce and Emergencx Serv, cc~. the Flor, d~ 14,ghway Patrol and the Fee O,str, cts as$,stcd res, dents tn e~ac~t,on from the threatened oreas., and t~e Coll~er County t~bl, c $c~0o15 Transportahon. Goad Hq~ccls. and thc Colhcr County Emergency $crv, ces provtdcd transportahon to ~hclfcrs and a return home after thc threat had ~ssc~' and the Co/her County ~C~bh¢ Schools. American ~ed CroSs, Coif, er County Health Ocp~rtmcnt. Coll~cr County A/cd, cai ~oc~ct)'. Hospice. ~olhcr County EmtrgcnO, A~cd, cal Services. mhd the Coil, er County 5her*fPs 280 5per,al Needs residents a t the two ~pcc~al Needs shelters and 2, g~ shcltcrcc$ ~oun tS, 5to to. and A/un/otto/public work~ crews msured fha f e~ acua hun routes were c/cared o£ fa/fen tree.& and otSer o'cbn~, and tn/urea hun/no ~hne voluntccr$ worked around thc c/oc[~ to pro ~ ,dc ~., to/~n/orn',q h on to our cit*'zcr~ ~g~ests; and Collier Coonty Facth hr_$ lRan~.~t.n~ent, and Parks and Rccr~hon Ocpartmcnt personnel prowded ~ccl/¢nt support to t~c Emergency Opcrahon$ Center and thc Emcrgcnck ~Vorker'~ shelter; and H/HEREA$. F/HER EA $, l~me~ttc Ammo/.~cr~ce_t estubbshed a shelter for dameshc ammals ~ th,n thc cotnmonitt;' and IE Emerge. ney Support Funchon~ w~th,n thc Emcr.~cncy Ope,-aho~ Ccntcr prov, a~td orotln~ f]~t clock support tn coordma hn.~ our ac hunS. aS ~e[/ oS pass, bio un.mc t needs wifb Phc A~unt'c~paltt~e$. other Couches. and thc 5fot£ Eme4-gency Opcrahons Center. and W'HEREA$. a// /ocol bro~dc~$t and prinf mcd~a, mc/udm:] [VSGL.FA! and Carl Lo~cday. pray, deal con hnuou$ apda t~ from th · ~me~ency Ope~ t,~ Center to all res, akn ts ~nd ~u~ ts. NO~V THEREFO~ be it proclaimed by thc B~rd of Counq' Comm,ss, oners of Coh~cr Count); Flortdc. ~me~ency Response Team Appmec/oftOn Day for them unttr~n~ work September Z3 'Z6. 1998 ~n response to Hurt, cane Georges ~NE AND ORDERED THI~ 6th ~y of Ocfobtr. 1998 BOARD OF COUNTY COAfA~£S5IONER$ COLLIER COUNTY, FL ORIDA ~ TTEs E' O~VIGHT E BROCk, C~ERK AGENDA ITEH No. OCT 0 6 1998 Pg. PROCLAMA'r'ZON WHEREAS. the National Alliance for the Mentally Ill has proclaimed October 4- 11. 1998. as Mental Illness Awareness Week: and WHEREAS. the Collier County affiliate, the Alliance for the Mentally ill of Collier County, more commonly known as AMI-CC is a member in good standing; and WHEREAS, AMT. of Collier County also wishes to proclaim October 4-I1 as Mental Illness Awareness Week; and WHEREAS, AMI of Collier County cHso wishes to proclaim the month of October as Mental Illness Awareness Month: ond WHEREAS, AMI of Collier County also wishes to proclaim this day, Tuesday. October 6 os Mental Illness Awareness Day: and WHEREAS, AMI of Collier County is a family organization for persons with brain disorders such as schizophrenia, BI Polar disorder, depression, ADb ADHD, OCD; and WHEREAS, AMI of Collier County hopes that, in passing this proclamation, we will raise public awareness about brain disorders, and reduce the stigma that is attached to these illnesses. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Flor/da, that October 6. 1998, be designated as MENTAL ILLNESS AWARENESS DAY bONE AND ORDERED TI~$ 6th boy of October, I998. BOARD Of COUNTY COMMISSIONERS COLLZER COUNTY, FLORIDA ATTEST: BARBARA B. BERRY,CHAIRMAN DWIGHT E. BROCK, CLERK AGEND~ ITEM 0CT 0 6 1998 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE, JOE BOSCAGLIA, PARK RANGER, PARKS AND RECREATION DEPARTMENT, AS EMPLOYEE OF TilE MONTlt FOR OCTOBER, I998. OBJECTIVE: The "Employee of the Month" Prograrn is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the Count:>,. .CONSIDERATIONS: Ranger Joe has been employed with Collier Count.,,' since October 1988. eight of his ten ,,'ears of sen, ice have been spent in the Park Ranger Service. ' Since becoming a Park Ranger. Joc has visited park sites over 7.000 times and has had personal contact with over 72.000 visitors. Joc has presented 125 Interpretive Programs and removed over 4,500 exotic plants and trees from our parks. With the implementation of beach parking fees in 1995. Ranger Joe has personally collected. without incident, over $535.000.00 from parking meters, all while teaching and training others in collections, maintenance of the meters and meter programming. Ranger Joe always makes himself available to others in the workplace to help out with their projects and assignments. With an impressive 2.317 volunteer hours logged over the ,,'ears. most of his volunteer time has been spent in preparing and presenting Interpretive Programs. helping others with assignments and teaching other Park Rangers aspects of the job. Ranger Joe is an integral part of the successful growth in the sen'ice as well as thc Parks and Recreation Department in general. On the anniversary, of his 10'h ,,'ear of service to Collier Count>', it is fitting that Ranger Joe be awarded the Empl'ovee of the IVI~nth for October, 1998. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center, 001-156363. .RECOMMENDATION: That, Joe Boscaglia. Park Ranger. Parks and Recreation Department be recognized as the "Employee of the Month" tbr October, 1998. ~' ............. .. MaDi-& B~c~k ^dminisl~tixT'e SecretaD. DATE: ' APPROVED BY: dt'~~~~ DATE: Phil Tin'al'all. S~Budget Anal,,st - Management and Budget Department COLLAR COUNTY ADM STRATOR'S OFFICE September 11, 1998 Pamela A. Bogdan County Coordinator Special Olympics 2663 Airport Road South Suite D 101 Naples, Florida 34112 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941} 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CItlP COMMUNITY Re: Request for Public Petition - Financial Support for Full-Time Coordinator-Special Olympics Program DearMs.. Bogdan: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 6, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be adv/sed that the Board v.'ill 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 ofthe Administration 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. Very/J.july yours, Robi::rt F. Fernand~ County Administrator RFF&p cc: County Attorney Public Services Division Office of Management and Budget AGENDA ITEM OCT 0 8 19 8 Special Olympics Florida Collier County Pam Bogdan County Coordinator 2663 AIRPORT ROAD SOUTH · SUITE D101 · NAPLES, FL 34 ! 12 · ~4 I) 775-1991 September 03, I998 Mr. Robert Fernandez County Administrator 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Fernandez, I am requesting an opportunity to discuss an issue regarding the Special Olympics Florida o Collier County at a County Commission meeting as a public petition. The nature &the request would be to have the County consider financial support for a full-time Coordinator for the Special Olympics program here in Collier County. This is a common relationship in other communities that benefits the program and more importantly the hundreds of area participants for whom the Special Olympics mean so much. I would appreciate an opportunity to make this appeal to the County Commission, and will look forward to your office letting me 'know when I might be able to do so. Thank you for your time and for any assistance that you might be able to provide. Working together we can make a difference~ Sincerely, Pamela A. Bogdan County Coordinator A~t~orlz~d and Accredited I~j Special Olympia Inter~atlona! rot the Benefit og CltJ~eng with Mental ,A, GENDA .,.,.. Created bM ~e Jomeph P. Kennedy, Jr. Youndath Rem~a~on EXECUTIVE SUMMARY DALANI)A MCAUI,EY REQUESTING AN APPEAL OF DECI.ARATION OF NUISANCE WEEI) ABATEMENT CODE ENFORCEMENT CASE NO. 70729-71 OIIJECTIVE: That the Board hear an appeal by properly owner, l)alanda McAulev. as permissible under Section 14 of Ordinance 91-47. ' CONSIDERATION: The accumulation of weeds, grass, or other similar non-protected overgrowth in excess o1' eighteen (I 8) inches in height is prohibited anti declared to be a public nuisance as prescribed by Ordinance 91-47. The subject property described as Lot I, Block 12 I. Marco Beach Unit Four, has been cited by the Code Enforcement Department for noncompliance with Ordinance 91-47. The following is a summary of the subject Case # 70729-71. Date Description of Action Taken 28 July - 1997 ,Site inspection of the subject property found thc following violations: - accumulation of weeds, grass, or other similar non-protected overgrowth " _in excess ofeighteen (18)inches in height (3 feet). 29 July - 1997 Notice of violation mailed, certified, rett, m receipt required to property owner of record. 17 August - 1997 Notice of violatitm return unclaimed by Postal Service al'tot three (3) unsuccessful attempts. 26 August - 1997 Property was re-inspected by Code Enforcement personnel and _ docun~cntcd that above noted violation still remained - photo taken. Mr. and Mrs. McAulcv contend that they are not responsible for thc abatement and Administrative costs as they were not in receipt of the Notice of Violation. The Notice was sent to the address of record as noted in the Collier County Property Appraiser's Official Records. Section 15 of Ordinance 91-47 requires that all Notice of Violations be mailed by registered or certified mail. rctt,rn receipt requested and said mailing is deemed personal service upon the property owner. [ISCAI, IMPACT: I')cpcnding on the action taken by the Board, there may be a reduction in revenues collected in f'und 111-138911-343908 of up to $245.00. (;ROWTll ,,X,JANA(;~_;NiENT IMPACT: Not applicable .RECOMMENI)ATI()~: Because the owner was given due and proper notice in accordance with Ordinance 91-47. staff proposes the declaration of public nuisance be supported by the Board and that the property owner be required to pay thc liens and interest to date. OOr 0 6 1998 SUB.MITTED BY: (2]~ ~ t ~ ,-~ £t~\ t'! J ul~15 Bel~ngcr Semor Customer Sen'ice Agent Michelle Edwards Arnold Code %~cement Director /// Vincent A. Camero, A.I.C.P, Administrator Community Development & Environmental Services Division Ne. ~ OCT 0 6 1998 JN DATE: 08/21/97 BOARD OF RECHECK COUNTY COMMISSIONERS INVESTIGATION TICKET 15:58 ~SE NUMBER : 70729-71 EOGRAPHIC CODE : 37 MARCO ISLAND ION SOURCE : IP INTERNAL STAFF, NAME : i~CEIVED BY : 304 NANCY ADLER ALL SPECIFICS : WEEDS OVER 18". TREET ADDRESS : BARFIELD DR N =PROX. LOCATION : MULBERRY CT ROPERTY FOLIO NO.: 56937000004 CASE TYPE: PATROL CALL BACK: WEEDS EGAL DESCRIPTION : SUBD/UNIT-MARCO BEACH UNIT 4 BLOCK- 121 LOT- i WNER NAME/ADDRESS: SECT-16 TWNP-52 RNGE-26 PARCEL- MC~ULEY, DALANDA PHONE: 1740 NW 36TH CT FORT LAUDERDALE FL 333095814 MAP - IOL ORDINANCE !471 91-47 DESCRIPTION OF VIOLATION OVERGROWTH: PROHIBITED ACCUMULATION OF NON-PROTECTED MOWABLE IOLATION REMAINS? (Y/N): VVVV RECHECK? (Y/N): VVVV RECHECK DATE: OV: VVVV NOV & STIP: VVVV NTA: VVVVVVVV CEB: VVVVVVVV BID OUT: .LOSED: VYVV DATE: VVVVVVVVVV UNFOUNDED: VVVV VIOLATION REMOVED: vvvvvvYvvv G VYYYYYYYYy~~ yyyy ~ OCT 0 G 1998 .___.~. L//_ Office cf Cor~,~li~-.ce _~zices F~.-m_cer COLLS R GOVEILNMElXq' CO,M Mb%T,TVY DEVELOPMENT AND ENVIKON%I~",'FAL SERVICES DIVISION Nv-TI~ CF ViCLkTICN 2~I00 NORTH HORSESHOE DRIVE NAPLES. FLORIDA ).:104 Date: 07/29/97 Cr~.~-.z.tce: 91-47 C~ge Nc.: 70729-07! ~!oc_k 121 h:[ I Eea_- r.'r~d.'e:.':' C~r. er '-n C-~'~- %~TICN L'4 E<r~-_c--~ CF lC.'' ~ F_---iC~,T LN A SLice )~-u ~.a'/ r=t h~,ze ke~_~, a'.~_~ c: t~s~-~-n~ c~_ '.uclaticn, ~ ~ hrh~L~. . ~t ~ na~ vi==-cn 08/!9/97, -- ~! ~sts L~s% ~ Luc~ p!~ ~n a~L-mt~:i'.~ f~ a~ra~ely F~i~ Cf c-r_arae, :f .~=u &Lsa~:_~e_ w~.ch cur d/sc'~sL-.c ir w±ch ~-cu, ~e_ cat also cf Cz..dsslcners if ':~c ask us cc dz sc ky !errer. OCT 0 6 1998 Bu,!On[: R:~,¢w & P.mm'umng COMP L~A.NC E SERVICES .. FY 90 WEED AND/OR TRASH CASE RECORD ,'7 VIOLATION OF .. ORDINANCE OWNER'S lqAk~E: PHONE:( C O MP LAI,".:ANT'S NAME: FINDINGS AND DISPOSI~ON' -- ! * 06 FOlio Number: 08 SUbdiv/Condo: 09 iec/Tw~/Rng : , Z0 Owner ~ame . . O~ner Addr. : : City~st.~Zip: 11 Physical Loc: 12 TOtal Acres 14 Prey. 15 Last Sa!~ CSce 2 - 7/89 56937000004 16/v';~'R CO 52 BEACH 26UNIT MC CAULEy, DALANDA i740 ~FW 36Th' CT AGENDA ITEU OCT 0 i998 S~rap Nu,,~ber : 108400 121 17._.16 · Block. 121 Lot- LEGAL D=SCR f pT M~'~CO BCH rt~,..Z ZON 1 * I . ""~ 4 BLK 121 LOT . FORT LA~ERDALE FL SCree~'B&RFZELD 3330q5814 C 37 Splt: Update Da~e: 06/i9/97 : ' Type'DR Ordin.N No- 890 0 13 Parent Parcel: 04/04/9~ Amount: 0 15 Prey. Taxable: 62,016 ............ ., 49,000. OR BOok: 2,166 Pg: 1,363 EXECUTIVE SUMMARY SAMUEL CHIANCOLA, REPRESENTING THE SAINT ELIZABETH ANN SETON COUNCIL OF THE KNIGHTS OF COLUMBUS; REQUESTING A WAIVER OF THE RIGHT-OF-WAY PERMIT FEE FOR A PARADE TO BE HELD ON OCTOBER 10, 1998 IN GOLDEN GATE. OBJECTIVE: For the Board of County Commissioners to make a determination to either waive or not waive permit fees for a parade permit application. The Petitioner requests a waiver of the required $125 application fee for a right-of-way permit for a temporary street closure on October 10, 1998 in Golden Gate. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. CONSIDERATIONS: The County's Right-of-Way Ordinance (No. 93-64)identifies the need to temporarily close County righls-of-way for certain special events. The required application fee for such a permit is $125. The Saint Elizabeth Ann Seton Council of the Knights of Columbus plans to organize a 1998 Columbus Day parade along 52'~ Terrace SW, Coronado Parkway and Lucerne Road, and as a service organization, requests the fee waiver on the basis of a community benefit. FISCAL IMPACT: The required application fee for such a permit is $125. If the fee waiver is granted, it will be necessary to transfer funds from the General Fund ('001) Reserves to the Community Development Fund (113) to defray the review and processing costs of the right-of-way permit. GROWTH MANAGEMENT IMPACT: None. OCT 0 6 1998 // RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County 'Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests. PREPARED BY: ~~H~LANNER CURRENT PLANNING RE-VIEWED BY:. ~,(-'"'~--'i h ~ ','L',,._ ',, R~NALD F.-'~IIN~O', CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPRO.VED BY: 'VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY;ROW PERMIT FEE WAIVER 2 OCT 0 6 1998 ,,..%t. tEl'iaabeth ,K.nn ~eton Council' 4357 .cPO ~Box The Knights of Columbus is a non- prolit organivmion dedicated to service, and co--unity. We are spomsoring the first Columbus Day Parade in Golden Gate. and are requesting an exemption of the usual pe~it the. Thank you Ibr your consideration. Samuel Chiancola. Grand Knight OCT 061998/ ~t. cEfi~abetfi Ann ~eton Council 435? ~0 ,Box OCT 0 6 1998 Pg. Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 September 17. 1998 Mr, Anthony Bovc Knights or'Columbus/St. Elizabeth Seton Church Naples, t. Iorida 34116 ' [Sear Mr. Bove' We have received and reviewed the request t'or tratTic assistance Ibr thc Columbus Da,,' Parade. to be held October lOth. 1998 The plans are hereby approved by the Collier Count)))' Sheriffs Office and adequate assistance ,,,,'ill be provided Questions and concerns should be directed to me, or S~. Mike Wittenberg, as representatives of Sheriff Don Hunter. Veo' Truly Yours, Golden Gate Substation PM/km cc: file OCT 0 6 1998 I 'ERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY IN COLLIER COUNTY, FLORIDA DEVELOPMENT SERVICES DEPARTMENT DATE RECEIVED PERMIT 9107 D Approval is hereby requested for pu.ose or C ,::, Tract/Lot No. Su~ivision FEE PAID < The work herein described and permitted is to be commenced on or about completed approximately Block __'-"-'-' Unit Sec. " Twp. ---- S.; Rge. ~ E. 1o-~- ?~. ~: Expiration Date ] C~- L o - 5' ~" ~ .' ~tt4-' NOTES: I. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side. stipulations specified as pan of this permit and in accordance with Collier Count,,' Ordinance #93-64 and the "Public Rights-Of-V,'ay Construction Slandards Handbook." latest edition. 2. Applicant declares that prior m filing Ihis applicauon he has ascertained the location of all existing utihties. both aerial and underground. 3. This permit is contingent upon Permittee obtainin.~ necessary rights of entry for construction and maintenance where required right-of, way for public use has not been dedicated and accepted by Collier Count.'.. 4. If the application is made bv any person or firm other than the owner of the property involved, a written con- sent from the property owner shall be required prtor to processing of the application. 5. "Development Services Department approval does not e~xempt the permittee from gaining approval from any S~ate. Federal or Local Agencies having juri.,,diction o',er the proposed work." Telephone ._4'-'~'/ I agree to conduct all work in accordance with County Ordinance 93-64 and all applicable County and State Codes and Laws. ATUREFOR PER. II'CTEE APPROVED: DEVELOPMENT SERVICES DEPARTMENT BY DATE EMARKS: OFFICE CS~Y OCT 0 G 1998 EXECUTIVE SUMMARY APPROVE A RESOI,UTION FOR A STATE REVOLVING FUND t, OAN APPI.ICATION FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY EXPANSION OBJECTIVE: That tile Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution for the final application for the State Revolving Fund Loan for the North County Regional Wmstewater Treatment Facility ('NCRWWTF) Expansion. CONSIDERATIONS: The State Revolving Fund (SRF) program, administered by FDEP, makes low-interest loans available to public wastewater utilities. The SRF program is funded 80% federal / 20% state. SRF loans offer a fixed interest rate set at 60% of thc 20 year bond index. The loans are made for a 20 year period. We anticipate the interest rate for this loan to be between 2.75% and 4 %. On)uly 22, 1997, the Board approved a 201 Waste''vater Facilities Plan Update and a Resolution authorizing the initial application for SRF funding for the NCRWWTF expansion. On May 22, 1998, a public hearing was conducted by FDEP to approve the SRF program priority list. At this meeting the NCRWWTF expansion project was elevated to the fundable portion of the project pr/ority list at $22,068,000. The total project cost is estimated at $23,212,000. The SRF loan application requests up to $22,068,000. FDEP will disburse the loan monthly based on reimbursement requests from the county. Currently our 5 year financial plan indicates that we need at least $13.000,000 in loan money to fund the NCRWWTP expansion; impact fees will fund the balance. We ,,,,'ill borrow only what we need, ho''vever, if conditions change we will have the flexibility to borrow up to the total of $22,068,000. In order to proceed with the SRF loan process, the Board must approve the attached Resolution, approving the final SRF loan application. The loan application is due no later than November 17, 1998. The loan agreement will be completed by December 31, 1998. FISCAL IMPACT: Tile estimated project cost for the NCRWWTF expansion is $23,212,000. Based on current cash flow projections, staff estimates a minimum of $13,000,000 will need to be borrowed to complete this project. The balance of funding will be provided by impact fee reserves and future impact fee collections. In the event that additional growth related projects arc added, project estimates increase, or impact fee collections do not meet projections, the amount borrowed may be increased up to $22,068,000. Loan Proceeds in the amount of $13,000,000 have been budgeted in 1998/99 as follows: Fund Number: 410 Cost Center: 210105 Project Number: 73031 County Water & Sewer Debt Service Utilities Administration North County Regional Wastewater Treatment Facility O C'I 0 5 1998 PG.,. t Executive Summary SPY Loan Page 2 The funds (Loan Proceeds) ,,,.'ill then be transferred to: Fund Number: 413 · Cost Center: 263611 Project Number: 73031 Sewer Impact Fec Combined Sewer Capital Project North Count,',, Regional Wastewater Treatment Facility The Resolution and application authorizes the Count.,, to borrow up to $22,068,000. If the County borrows the full amount, the annual debt service payment xvill be approximately $1.5 million. If the coumy borrows $13,000,000 the debt sen'ice payment will be approximately $900,000. The loan payment will be supported by pledged general utility operating revenues with sewer impact fees being the actual planned funding source. This is consistent with the CCWSD Financial Plan and the 201 Wastewater Facilities Plan. .C, ROWTH MANAGEMENT IMPACT: The expansion of the NWWTF is consistent with the Growth Management Plan and the 201 Wastewater Facilities Plan. RECOMMENDATIONS: That the Board of Count',' Commissioners, as the Ex-Officio Governing Board of the Collier Count>' Water-Sewer 15istrict, adopt the attached Resolution which approves the final State RevoMng Fund Loan application for the NCRWWTF expansion. I / Prepared by: · ' ...... Date: / ' .. Susan Usher. Public Works Senior Accountant Reviewed by: Approved ' ' ' -' Date: Edward N. Finr~i Fublic Woi'ks Operations Director Ed llschncr. Public Works Administrator _ Date: 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Resolutlon No 98- Resolution No CWS-98- A RESOI.UTION TO APPROVE TIlE FINAl. APPLICATION FOR A STATE REVOLVING LOAN FOR IMPROVEMENTS OF TIlE NORTII COUNTY WASTEWATER TREATMENT FACILITY. ;,\'tIEREAS, the Board of County Commissioners of Collier County. Florida, as Ex-Officio the Governing Board of the Collier Count)' Water. Sewer District. on July 22, 1997, adopted a Resolution approving the 201 Wastewater Facilities Plan Update; and WIIEREAS, the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier Count.,,' \Vater-Sewer District, on July 22, 1997. adopted Rcsolution No. 97-29'/(Resolution No. CWS-97-4) authorizing an application for a State Revolving Fuml Loan lo finance the construction of the Collier County North County \Vastewatet 'I ream~cnt Facihty as contained in the 201 Facilities Plan Update; and WHEREAS. on May 22. 199S, a public hearing was conducted by the Florida Dcparlment of f!nvironmcntaI Protection to approve thc SRF Program pr/ority list in which the Collier Count.',' North County \Vaqtewater Treatment Facility project svas elevated 1o the fundable portion of the Prior/fy list; and 2 [ WHEREAS, a final application for SRF Program funding musl be submitted by November 22 ~7. 1998. 23 NO\\', TtlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AS EX-OFFICIO TIlE GOVERNING 25 BOARD OF TIlE COLLIER COUNTY WATER-SEWER DISTRICT that the Board hereby 26 approves the app!ication for thc FDEP State Revolving Loan Progran~ for improvements to the 27 Collier County North County Wastewater Treatment Facility and hereby authorizes the PuNic ~8 ' ' Works Admimstrator to sign the application as the County's authorized representative. 29 This Resolution adopted thc ~ day of , 1998, after motion, second and majority 30 ,.'otc. 31 A'FI'EST: 32 DWIGtlT E. BROCK. CLERK 33 34 35 36 Deputy Clerk 37 38 Approved as to form 39 and legal sufficiency: 41') ~ 2 l_C- _ 42 Thomas C. Palmer 43 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVEILNING BOARD OF TltE COLLIER COUNTY WATER- SEWER DISTRICT BY: BARBARA B. BERRY, CHAIR.b, IAN i,:,.2'".... i OL'I O~ 1~:,.,. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING FUND WASTEWATER FACILITIES LOAN APPLICATION E/FLORiD~~ /~ \ Florida Department of Environmental Protection Bureau of Water Facilities Funding Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida .32399-2400 DEP Form62-503.900(2) 1998 TABLE OF CONTENTS Page LOAN APPLICATION Number (,) SUB, ,,TTA, ............ , (3) ASSISTANCE ................................................................................................................................................ PART I - ADMINISTRATIVE INFORMATION (I) LOCAL GOVERNMENT APPLYING FOR LOAN ...................................................................................... (2) AUTHORIZED REPRESENTATIVE 1 (3) PRIM.\RY CONTACT PERSON TO "a'~,i'd:T;,L'2"2:':'"'_'":"2:'"_' ................................................................. 1 ' ' o,,,~wt-~ ~UIzSIIONS REGARDING THIS APPL!,CATION ....... I (4) ADDITIONAL PERSON(S) TO RECEIVE COPY OF DEPARTMENT CORRESPONDENCE ................. 2 (5) PROJECT NUMBER ... (6) LOAN AGREEMENT D-~,TE ........................................................................................................................ (?) PREA?,'ARD COXlPLI.~'NC[i ........................................................................................................................ 2 (s) FEDER.< EOU VALE,','Cy iiiELii' ';' L:;J:Fi,' ......................................................................................... 2 (IA) PRECONSTRUCTI~N LO ~ ~b~'~.~7~:;';~'~; ................................................................... (9) PRECONSTRUCTION ACTIVITIrC (0) PRECONSTRL:CTION LOAN SCHE~{'ii"~ ........................................................................................ (IB) CONSTRUCTION' LOAN INFORMATION (12) CONSTRUCTION ACTIVITIES .................................................................................................................... 3 (13) CONSTRUCTION LOAN PROJECT COSTS ................................................................................................ 3 PART I1 - FINANCIAL INFORMATION (1) PRINCIPAL AMOUNT OF THE AN (2} LOAN TERMS AND REPAYI",,IENT ..... ' ...................................................................................... 4 (3) LOAN REPAYMENT RES, ERVE ...................................................................................................... (4) INFORMATION ON LIENS ................................................................................................................... 4 (5) ACTUAL AND PROJECTE-I~)"~,'I~'~"~0'~_~'ii]iii]]ii]ii]]]i]ii] .............................................................................. 4 (6) LEGAL OPINION ON THE AVAILABILITY OF PART - · . ' .......................................... (I) III APPLICANT ASSURANCES AND CERTIFICATION' " RESOLUTION, SCHEDULES ....................................................................................................... 5 (1) SCHEDULE OF PRIOR AND PAPdTY LIENS .................. ; .......................................................................... 8 (2) SCHEDULE OF ACTUAL REVENUES AND DEBT CO~ ERAGE FOR ~.'ATER AND SEWER SYSTEM PLEDGED REVENUE ................ 9 (3) SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FO~ ................................ WATER AND SEWER SYSTEM PLEDGED REVENUE LIST OF ATTACHMENTS ....................................................................... I0 )EP Form 62-503.900(2) LOAN APPLICATION This form can be l~sed to a?ply for a prcconstruction loan or a construction loan. Preconstruction loans provide finaucing fiw planning and desig~ling small communi.ty projects and mm.' be amended to provide fimds for construction ~ the desigv~ed project, Construction loans provide financing for construction projects: however, completion of planning and design and permitting is a prerequisite of the construction loan application. (1) (2) (a) (b) (c) (3) Bureau of Water Facilities SUNCOM 278-8163. SUBMITTAL Submit lhe application and attachments to the Department of Environmental Protection. MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road. Tallahassee, Florida 32399-2400. COMPLETING THE APPLICATION This application consists of three pans: (I) ADMINISTRATIVE INFOKMATION: (II) FINANCIAL INFORMATION: (III) APPLICANT ASSURANCES AND CERTIFICATION Ail information provided on this application must be I2,.'ped, Monetary amounts may be rounded, Forms and attachments to be submitted are denoted with italic print.. ASSISTANCE Funding staff are available to provide assistance. Please call 904,'488-8163 or PART I -ADMINISTRATIVE INFORMATION (1) LOCAL GOVERN.\IENT APPLYING FOR LOAN. Collier Counp:'. Florida Federal Employer Identification Number. 59-6000558 (2) AUTHORIZED REPRESENTATI\,'E (Government official authorized by ordinance or resolution to sign or attest loan documents.) Name Ed Ilschner Telephone (941) 774 - 8192 Ext. Title Public Works Administrator Mailing Address 3301 East Tamiami Trail Naples. Florida 34112 (3) PRIMARY CONTACT PERSON Name Mark A. Bros,'er Telephone Title Project Manager Fax// Employer Angle Brewer & Associates (941) 756- 5800 Ext, (941) 756- 0804 Mailing Address 910458fl~Drive[iast Suite I01 Bradenton. FIa4~0~" '~ '~ ~ (4) ADDITIONAL PERSON(S) TO RECEIVE COPY OF DEPARTMENT CORRESPONDENCE. DEP Form 62-503.900(2) Page I of il ,May !, 1998 I O'ci u b Susan Usher Title Senior Accountant Mailing Address Building H, 3rd Floor Naples, Fl 34112 Telephone (941) 732- 2540 Ext. Employer Collier Count?.', FL 3301 East Tamiami Trail (5) PROJECT NUMBER ( listed on the Department's priorib' list). CS120597100 (6) LOAN AGREEMENT DATE. \Vhen do you expect to sign the Loan Agreement? 1111198 (Allow time for Department preparation of agreement, applicant review, and commission meeting if applicable.) (7) PREAWARD COMPLIANCE Has an EPA Preaward Compliance Review Report been previously submit.ed for this project.'? [] Yes ~., No If"yes", identify the date submiued to the Department. 5/I/98 If not, please complete the EPA form included with this application. (Attachment # 9 ). (8) FEDERAL EQUIV..\LENCY REQUIREMENTS. The need to comply with equivalency requirements is documented in hhe Department's correspondence (typically in the letter stating its acceptance of facilities planning documentation unless such planning has not >'et been approved). Generally, projects with n total value (including construction) of at least SI0 million are subject to equivalency requirements. Is the project described in this application subject to "equixalency" requirements7 J'-'] Yes J~ No (If this application is for a pre- construction loan or if in doubt, discuss the mauer with the Department before answering this question. Note that there are special assurances required under Part III of this application for equivalency projects.) IF YOU ARE APPLYING FOR A CONSTRUCTION LOAN, PROCEED TO SECTION I(B). PRECONSTRUCTION LOAN INFORMATION. (9) PRECONSTRUCTION ACTIVITIES. Attach a brief'description of the scope of'planning and design activities to be financed by this loan. Include a list ofany specialized studies to be performed (Anachment ~ ). Are these specialized studies the same as the studies scheduled on Request for Inclusion on Priority List Form.'? J--] Yes [] No I£not. please explain (Attachment ~ ). (I0) PRECONSTRUCTION LOAN SCHEDULE. (al Provide proposed completion dates for the items below. (Please call Department stall'to discuss time frames needed to complete required tasks.) Facilities plan adoption by the I.ocal Government (including capital financing plan, public hearings, infiltration/inflow analysis, user charge system and ordinance, sewer use ordinance, and, if applicable, interlocal agreements and specialized studies). Engineering design. Certification of site availability for project construction and operation. (b) Do you anticipate that an' interlocal agreement with another part).' will be necessary to implement the project.'? [-] Yes J-] No If"5'es", list entities to be involved. ' Form 62-503.900(2) Page 2 of I 1 Mayl. 1998 O Cl 0 I:i (I I) PRECONSTRUCTION LOAN PROJECT COSTS, Is the cost information submitted for the preconstruction loan priority list current? [] Yes ['"'l No If not, please explain and submit revised cost information using the appropriate page of the Request for Incision on Priorio' List Form. (.4mtc'hme,~t # ) Note that the disbursable amount (including the repayment rese~'e and service fee) will be limited to~fie priOrity list amount. ' Attach construction contracts (by title) corresponding to the plans and specifications accepted by the Department (..tm/ch,lei1/# _ ] ). Also provide a proposed "start date" and "completion date" for each contract. (b) Attach a cop)' of the Department letter(s) accepting the plans and specifications and all addenda f..qttuchmellt ~ 2 ). (c) Was the planning and design for this project financed with a preconstruction loan9 [-] Yes [~ No f yes , give the preconstruction loan number. CSIZ0 (d) Does this project involve an intcrlocal aizreement with other local governments or other entities? [] v es If"),es", attach a copy of the Department le.er accepting the interlocal agreement. (.'tzzuchmem # Is the interlocal a~reement, as accepted by the Department, full)' executed and enforceable? ~ Yes ['-] No If"no", please explain (.4~roch.:¢nr# ), (e) Has the Department accepted a clear site title certification for the project9 [~ Yes [--] No If"yes", provide evidence of such certification or its acceptance (.4rruchnwnz # 3 ). If"no", explain (.-lm~chmc,: ~ ). - (f) Attach evidence that either a permit from the Department is not required to authorize project construction or that such a permit has been issued by the Department (.4ttachment ti 4 ). (13) CONSTRUCTION LOAN PROJECT COSTS. Is the cost information submirted for the priority list current? ~] Yes [~] No If"no", please explain and submit revised cost information (.4ttochment ti ) using the appropriate page &the Request for Inclusion on ?riority List Form. Note that the disbursable amount (including the repayment reser~'e and service fee) will be limited to the priority list amount. PRECONSTRUCT1ON APPLICANTS PROCEED TO PART Il. I(B) CONSIRUCTION LOAN INFOR.MATION. (12) CONSTRUCTION ACTIVFI'II-i.S. (a) a brief description of construction activities to be financed by this loan. Include a list of the PART II - FINANCIAL INFORMATION (1) PRINCIPAL AMOUNT OF THE LOAN. The requested amount of the loan, including capitalized interest (which is not disbursed), is $22,068,000 The estimate of the capitalized interest is $716,478 Note that the disbursable amount w/Il be limited to the priority, list amount and must be consistent with the DEP Form 62-503.900(2) Page 3 of 11 blay I. 1998 OCI o i~l~ation provided under PART I(A)(II) or PAR'[' I(B )(13 ), as appropriate, of this application. Also note tha~ tl'~apitalized interest is an inexact estimate, and it is subject to adjustment by the Department to reflect disbursement timing. (2) LOAN TEKMS AND REPAYMENT. (a) Loans arc amortized over 20 >'ears, or less, with interest and principal paid semiannually. Do you ',,.'ant to repay in less than 20 years? [--1 Yes [~ No If "yes", how many years? (b) Due to limitations on availability of State Revolving Fund revenues, a large (generally in excess of:gl0 million) loan amount may be provided in incrcmcn',s pursuant to the initial loan agreement and subscquent amendments as well as the Florida Administrative Code. Each increment shall ha`.'e a separate interest rate as established in the agreement or amendment providing that increment. If in doubt about whether the funding ,,,,'ill be segmented, this matter should be discussed with Department staff. (c) List all revenues that are to be pledged for repayment ofthis loan. Net Revenues plus System Development Fees ('Note: Typically, water and sewer system revenues are pledged, and the net revenues available for loan repayment must equal at least 1.15 times the annual debt service unless special reserx'es are locally funded. Rule 62-503.430(4), F.A.C.. addresses pledged revenues and coverage requirements. (d) If this is a preconstruction loan, will the same revenues be pledged for repayment ofpreconstruction activities and for construction activities? [-~ Yes ~ No Ifnot, please state what revenues will be pledged for construction activities. (3) LOAN ILEPAYMENT KESERVE. The Applicam `.`.'ill be required to maintain a Loan Repayment Reserve Account to provide an interim remedy for an)' deficiency in pledged re`.'enues. This rese~,e shall be no less than 0.03 times the total loan amount less the portion of the Iota for capitalized interest, loan repayment reseme, and the loan semicc fee. Loan proceeds `.vill be provided to establish the minimum (0.03) rese~'e. In cc~ain situations described in Rule 62-503.430(I). F.A.C., the loa,~ recipient must contribute to the reserve, ls a reserve expected to be established using any local funds? [--1' Yes [~ No If"yes," describe the locally funded resen'e (.4ttuchment ~ ). (~) INFOI~MATION ON LIENS. (a) Describe all'de~t obligations having a prior or parity, lien on the re`.'enues pledged for this Loan (,qttachment # 6 ), see the following example: City Name, Florida, \Vater and Sewer System Revenue Bonds, Series 1996, issued in the amount of $I0,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156. (b) Using the Schedule or' Prior and Parity Liens (page 8 ), provide debt service information on each prior and parle>.' obligation. For the listed obligations, provide a cop)' of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt ratine (.4ttuchment # $ ). (5) ACTUAL AND PROJECTED REVENUES. 'CForm 62-503.900(2) Page 4 of I I May l, 1998 0Ct fl 5 (5) ACTUAL AND PROJECTED REVENUES. (a) Complete the Schedule of Actual Revenues and Debt Coverage for Water and Server System Pledged Revenues (page 9) for the past two fiscal )'ears. (b) Complete the Schedule of Projected Revenues and Debt Coverage for Itbter and Sewer &'stem Pledged Revenue (page 10), demonstrating the availabilip,., of pledged revenues for loan repasment. (6) LEGAl. OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion (,4ttachment # 7 ) addressing the: (a) Availability of the revenues to repay the loan; (b) Right to increase rates at which revenues shall be collected to repay the loan; and (c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien. (7) Please complete the List of Attachments (page 11). PART III - APPLICANT ASSURANCES AND CERTIFICATION (I) RESOLUTION Provide a certified resolution (.qttachment # 8 )ofthe Applicant's governing body that: (a) Authorizes this application: (b) Establishes the pledged revenues: and (c) Designates the Authorized Representative(s) to file the application, provide assurances, execute the loan agreement, and represent the Applicant in carrying out responsibilities (includine that of requestin~ loan disburseme'nts) under the loan agreement. ' ~ (2) ASSUIL~.NCES AND CERTIFICATION. The Applicant agrees to comply with the laws. rule. regulations. policies and conditions relating to the loan for this project. Items (a) through (o) are revol``'ing loan program requirements for all projects. Items (p) through (u) are revol``'ing loan program requirements only for equivalency projects. Applicants should seek further information from the Bureau of Water Facilities Funding staffas to the applicabilip,.' of the requirement if the necessa~' assurance is of concern. Specifically. the Applicant certifies that it has complied, as appropriate, and ,,,,'ill comply with the followinv requirements in undertaking the Project: ' ' (a) Complete all facilities recommended in the approved facilities plan. (b) The Archaeological and Historic Preservation Act of 1974, PL 93-291. and the National Historic Preservation Act of 1966. PL 89-665, as amended, regarding identification and protection of historic properties, (c) The Clean Air Act. 42 U.S,C. 7506(c), which requires conformance with State Air Quality Implementation Plans. (d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency with the approved State management program developed under this Act, ' (e) The Endangered Species Act, 16 U.S.C, 1531, et seq., which requires that projects avoid disrupting threatened or endangered species and their habitats. (0 Executive Order II593. Protection and Enhancement of the Cultural Environment, regarding preservation, restoration and maintenance of the historic and cultural environment. (g) Executive Order 11988. Floodplain Management, related to avoiding, to the extend possible, adverse impacts associated with floodplain occupancy, modification and development whenever there is a practicable alternative. DEP Form 62-$03.900(2} Page S ofll May I, 1998 ~Ex¢cutb, e Order 11990, Protection of Wetlands, related to avoiding, lo the extent possible, adverse impacts associated with the destruction or modification of wetlands and avoiding support of construction in v, etlands. (i) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats. (j) The Safe Drinking Water Act, .Section 1424(e), PL. 93-523, as amended, regarding protection of underground sources of&inking water. (k) The Wi!d and Scenic Rivers Act. PL 90-542, as amended, related to protecting components or potential components of the national v.'ild and scenic rivers system. (I) The federal sta~tes relating to nondiscrimination, including: The Civil rights Act of 1964. PL 88-3.~2. which prohibits discrimination on the basis of race, color or national origin: the Age Discrimination Act. PL 94-135. which prohibits discrimination on the basis of nee, Section 13 of the Federal Water Pollution Control Act. PL 92-500. which prohibits sex discrimination: the Rehabili~'ation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis of handicaps. (m) Executive'Or~'er 11246. Equal Employment Opportunitv, which provides for equal opportunity for all qualified persons, ' - (n) Executive Orders 11625 and 12138. Women's and Minorit',' Business Enterprise. which require that small, minorit,,, and women's business and labor s~rplus areas are used when possible as sources of supplies, equipment, construction and sen, ices. (o) The Demonstration CiHes and ,Metropolitan Development Act of' 1966, PL 89-754. as amended, which requires that projects be carried out in accordance with areawide planning activities. (p) The Coastal Barrier Resources Act. 16 U.S.C. 3501 et seq.. re~arding protection and conservation of the coastal barrier resources. ' Farmland Protection Policy Act, 7 U.$.C. 4201 et seq., regarding protection of agricultural lands from irreversible loss. (r) The Uniform Relocation and Real Prope~.',, Acquisition Policies Act of 1970, PL DI-646, which provides for fair ~d equitable treatment of persons displaced or whose prope~' is acquired as a rcsuk of federal or federally assisted programs. ' · (s) Section 306 of the Clean Air Act. Section 508 of the Clean Water Act and Executive Order 11738. which prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project. (t) ExecutKe Order 12549, Debarment and Suspension. which prohibits any av,'ard to a party which is debarred or suspended or is otherwise excluded from, or ineligible for. parHcipation in federal assistance programs. (u) Minority and Womens Business Enterprise participation in project work using numerical goals, established by the U,S, Environmen,tal .protection Agency, and to be set forth in the specifications for construction and materials conntacts. I. the undersigned Authorized Representative of the Applicant, hereby cerxify that all information contained herein and in the attached is true. correct, and complete to the best of my knowledge and belief. I further certif',' that 1 have been dui.,.' authorized to file the application and to provide these assurances. ' 62-503.900(2) Page 6 ofll Signed this Da)' of Author[zed Representative [signature) ~ame Ope~ DEP Form 62-503.900('.) Page 7 of 11 May 1. 1998 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR SOURCES OF PLEDGED REVENUE FY 1996 FY 1997 Operating Revenues: .... Sewer/Water Service $33,098,456,00 $37,471,873.00 interest Income $3,172,489.00 $2,856,256.00 Other -System Development Ch~' .~es $4,404,000.00 $6,941,100.00 Other -System Development ch~--~'es IOther - Water Tap Fees, Misc. Total Revenues $40,674,945.00 $47,269,229.00 Operating Expenses $16,876,851.00 $18,086,138.00 Net Operating Revenues $23,798,094.00. $29,183,091.0O Debt Service -Existing Parity $8,470,256.00 $8,59,4,535.00 Coverage 2.81! 3.40 Source: Comprehensive Annual Financial Report; Year Ending Sept.30, 1996 & 1997. Z 0 month Marc~ April June July Se;)tember Oclober Ncvember December TOTALS TOTAL OF ALL DISBURSEMENTS Ca plLallzed Intrest: Total Loa ESTIMATED DISBURSEMENT SCHEDULE 1998 $919,500 $919,500 S22,068,000 $716.47 $22.784 1999 $919 $919 $91' $919 $91! $919.500 $91~ $919,500 $919 $919 $919.500 $919,500 $11.034.000 2000 $919,500 $919,50C $919,50C $919 $919.500 $919.500 $919,500 $91 $91 $919,500 $91 $10.114.500 2001 SRF LOAN APPLICATION CAPITALIZED INTEREST WORSHEET REQUEST DATE OF AMOUNT OF INTEREST NUMBER OF CAPITALIZED # CHECK CHECK RATE DAYS INTEREST 1 15-Dec-98 2 ~ .~ 15-Jan-99 3 15-Feb-99 4 15-Mar-99 5 15-Apr-99 6 15-May-99 7 15-Jun-99 8 15-Ju1-99 9 15-Aug-99 10 15-Sep-99 11 15-Oct-99 12 15- Nov-99 13 15-Dec-99 14 15-Jan-00 15 15-Feb-00 16 15-Mar-00 17 15-Apr-00 18 15-May-00 19 15-Jun-00 20 15-Jul-00 21 -" 15-Aug-00 22 15-Sep-00 23 15-Oct-00 24 15-Nov-00 25 15-Dec-00 26 15-Jan-01 27 15-Feb-01 28 15-Mar-01 29 15-Apr-01 30 15-May-01 31 15-Jun-01 32 15-Jul-01 33 15-Aug-01 34 15-Sep-01 35 15-©ct-01 36 15-N ov-01 Total $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919 500 $919 500 $919 500 $919 500 $919 500 $919 500 $919 500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $919,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,068,000 3.11% 731 57,271.25 3.11% 700 54,842.51 3.11% 669 52,413.77 3.11% 641 50,220.07 3.11% 610 47,791.33 3.11% 580 45,440.93 3.11% 549 43,012.19 3.11% 519 40,661.80 3.11% 488 38,233.06 3.11% 457 35,804.32 3.11% 427 33,453.93 3.11% 396 31,025.19 3.11% 366 28,674.80 3.11% 335 26,246.06 3.11% 304 23,817.32 3.11% 275 21,545.27 3.11% 244 19,116.53 3.11% 214 16,766.14 3.11% 183 14,337.40 3.11% 153 11,987.01 3.11% 122 9,558.27 3.11% 91 7,129.53 3.11% 61 4,779.13 3.11% 30 2,350.39 3.11% 0 . 3.11% 0 3.11% 0 3.11% 0 3.11% 0 . 3,11% 0 . 3,11% 0 3.11% 0 3.11% 0 3.11% 0 . 3,11% 3.11% 0 Beneficial Use Date: November 15, 2000 ColherCaplnt $716,478.18 SCHEDULE FOR ATTACHMENTS This schedule is to be used to identify all attachments (including certifications~other supporting information) to the Loan Application. Number 2 2 2 2 2 2 3 4 5 6 7 8 8 9 Description Project Description Acceptance of Plans and Specifications iAcceptance of 201 Plan - 201 Facilities Plan Update !Acceptance of 201 Plan - Facilities Plan Public Hearing !Acceptance of 201 Plan. Capital Financing Plan Acceptance of 201 Plan - Dedicated Revenue Hearing Acceptance of 201 Plan - User Charge System Ordinance Site Certifications(Legal and Authorized Representative) Construction Permit Schedule of Prior and Parity Liens Description of Debt Obligations Legal Opinion on Availability of Pledged Revenues Resolution Authorizing the Submission of the Application Resolution Authorizing Assurances and Commitments EPA Compliance Report EXECUTIVE SUMMARY FUNDING AUTIIORIZATION FOR SEAGRASS REMOVAL ON COLLIER COUNTY, NAPLES AND, MARCO ISLAND BEACIIES. OBJECTIVE: To obtain approval of a funding source and related issues associated with obligations to be incurred with respect to removal of sea grass which has washed up onto the beaches in Collier County, the City of Naples and Marco Island subsequent to Hurricane Georges. CONSIDERATION: On October 1, 1998, a massive amount of sea grass washed up onto 'ihe beaches along the entire coastline of Collier County. To eliminate any adverse impact to the public as a result of this occurrence, cleanup operations have been implemented in the City of Naples, and on Marco Island and are proposed for the remainder of the Collier County coastline. It is estimated that the length of shoreline requiring cleanup is in excess of eleven (11) miles. Based upon the cleanup effort to date, it is estimated that 30,000 tons of material will be removed from the beach and transported to the Naples Landfill. The current fee for disposal of such material at the landfill is $14.39 per ton for a total estimated cost of $431,700.00. In addition, based upon the daily equipment costs to date, the cost of removing the sea grass from the beaches is estimated to be $525,000.00. Therefore, authorization is requested with respect to providing a funding source and addressing related issues associated with this cleanup operation. FISCAL IMPACT: Cost: Fund: Cost Center' Project Number: $956,700; to be obligated in the budget for FY 98/99. (195) Tourist Development - 60% (110406) Beach Renourishment and Pass Maintenance - Category A (80225) Collier County Beach Restoration Approval of a budget amendment is necessary whereby funds in the amount of $956,700.00 will be transferred from the reserves of Fund 195 to the appropriate expenditure categories for the proposed obligations. Funds in the amount of $9,663,600.00 are available in the reserves of Fund 195 for FY 98/99. Executive Summary Seagrass Removal Page Two GROWTH MANAGEMENT IMPA(~T: None. RECOMMENDATION: That the Board of County Commissioners' 1. Authorize obligations associated with the seagrass removal to be funded from Fund 195. 2. Approve the necessary budget amendment for these obligations. Waive competitive bidding procedures and authorize issuance of' purchase orders based upon hourly unit cost proposals from contractors having the appropriate equipment to accomplish the required cleanup. 4. Authorize the submittal of an application to FEMA for reimbursement of eligible costs associated with this operation. any SUBMITTED BY: H"arry Huber, Project Manager III Public Works Engineering Department APPROVED BY: Ed llschner, Administrator Public Works Division DATE: DATE: EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTtt\VEST FLORIDA. INC. ..O. BJECTIVEj To reappoint I member to serve a two year term, expiring on October 1,2000. on the Health Planning Council of Southwest Florida, Inc. CONSIDEILATIONS: The Health Planning Council of Southwest Florida. Inc. is a private not-for- profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A consumer member is an individual who is not a health care provider or a health care purchaser. A Provider member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per year, usually on the third Thursday of the month, for about two hours. Some Board members assume committee responsibilities as tl~eir schedules allow. A letter was received from Mary. W. Schuhhess, Executive Director of the Health Planning Council of Southv,'est Florida, Inc. advising that the tem'~/'or Michael D. Jemigan would expire on October I. 1998, and requested that a press release be prepared solicitine citizens interested in serving on this council. ~ Per Chapter 10-5.002. Florida Administrative Code, a press release ,,,,'as issued and applications were received from the following interested citizens: _APPLIC,~NT .CATEGORY Michael Douglas Jemigan - re-appointment Provider The membership committee is recommending the re-appointment of Michael D. Jemigan to sen'e a ye,"n' term. expiring on October 1,2000. .FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and re-appoint I member to sen, e a 2 year term on the Health Planning Council of Southwest Florida. Inc.. and direct the County Atto'mey to prepare a resolution confirming the appointment. ' Prepared By: S. Filson Date: October 6. 1998 AGENDA ~I~M No · _,~ OCl 06 1998 Pg' ~ ,- HEALTH PI~MqNING COUNCIL OF SOUTHIb~ST FLORIDA, INC. October 16, 1998 Ms, Sue Filson, Administrative A.~simmt Collier Board of County Commissioners 3301 E. Tamiarni Trail Naples, Florida 34112 ~re: Board opening, Health Planning Council of Southwest Florida, Inc. sent by facsimile to (941) 774-3602 Dear Ms. Filson, On behalf of the H. eahh Plmming Council of Southwest Florida, lnc., 1 am writing to request the Collier Board of County Commissioners re-appoint Michael D. Jemlgan as a Provider Representative on our Board of Directors for a two-year term, beginning October 1, 1998. M.r. Jemigsn currently serves as Vice Chairn~n of our Board of Directors as well as Chairman of the one Standing Committee ofthe Council. He is an invtluable a~et to our ~gency who brings honor to all citizerm of Collier County by his dedication, loyalty ~d commitment to excellence in health planning. Ifl or our Board Chdrman, Paul E. Nelson, can provide you with additional information, please feel free to contact us further. Sincerely, Mary W. Schulthess, M.S. · Executive Director CC: Paul E. Nelson, Ch~Jrmtn, Board of Dir~ctors Michael D. Jemig~n, Collier County Provider representative William Sharer, Collier County Consumer representative 9250 COLLEGE PARKWAY (941) 433-6700 SUITE 3 SUNCOM 731.6700 AG E N[:I,A., I ~/~ NO. /' ~, . 0el 06 1998 F:'CJ o FORT MYERS. FL 33919 FAX (941) 433-6'/05 1725 Mahan Drive, Suite 201 TallahasGee, Florldm 32308 (850) 877..4.332 ;~x: (880) a~225 E~lh m~mlg~n~po~culptu~.com WebNte: ~.~Ar~It~culpture.com Transmission r~ Url~ ~ Revl'e'w ~ Plem C, omr~nt r"l P~eue Relay D Ple~a.e If,~,ayal. ",'*-., / m · Commeflt~: This mea~. I~ Imer~ed ~ly f~r t~e u~ of t~e Irx:lMdu,l or er~lty lo which I~ I~ ldd~. I1' you h,w r~:~N,~ th~ communication in ormr. plo,~a hotly me immedl~a¥ hy telel:~e ~ long dManca, you may call coflecl) and re{urn the od~inal message Io me .+. t~e al:x>ve Iddm$~. Thank you. AGENDA. No._ ,. O CI 06 1998 MICHAEL D. JERNIGAN August l?) 1998 F~ed to 941-774-3~02 Mn. Sue Pibon Admlni~trative Assistant Board of County CommLuionera 3301 TamLmml Trail East Naple~, Florida 34111 Dear Mr~ Fibon: In reaponse to your announced appointment process to the Health PLtnning Council of Southwest Florida, Inc. I am submitting my attached r~ume. I would like to continue to serve on the Planning Council. I have been Vice Chairman since I wu appoLnted to the position prm'iouflv held by Mr. Bill Snapp of Naples Community Hospital. ' I have previously been appointed by the Collier Count)' Commission for this position ever)' two years over the period of 1983 to 1996. Ch'er the past year I have ~erved as the Chairman of the the Plan Development Committe~ My appointment b supported by Naples Community,. ltosphal with whom I have a consulting relationship. I lived in Naple~ from 1978 to 1983 and was active in the community at that time. I maintain an awareness of the health planning needs and Issues in the community. I have lived in Tallahassee since 1983 and I bring a special perspective to the happenings in State Government that the Council has appreciated in the past. Plea.~e let me know if there are any questions or concerns. Sincerely, Cc: Mr. William G. Crone, Naples Community Hospital, Inc. Mra. Mary Schulthess, Health Planning Council of Southwest Florida, Inc. 1725 MAtlAN DRIVE. SUITE 201 . TALLAHASSEE, FLORIDA · 32: PttONE: (850) 8?7-4332 , FAX: (850) 8?7-3225 AGE NOA..~T EjMj No. //F'/'7 -C / L..' .' -- 0CTi 0 8 1998 pg. ?! ICHAEL D. IERNIGAN 11'23 M~k~, D~, Suf~ 201 · T~ll~s~6 Fi~'da 32308 · £h~ 850-877-4332 z $$0-877-4352 E-Mall: ACADEMIC ~-EPARAT] ON MASTERS OF BUSINESS ADMINISTRATION. F2~-r CAROLL'~ UNn~m~rr~,, G~r.,,~,'n.~, NOR'md C2aotc,,'^ Mar 1975. A,', a,r~t~i ;dBA PnFra,,. BACHELOR OF BUSLNESS ADMINISTRATION I.~ MAN^Gr.2stL,~T W,,~:I~ FOIST U,'~,~,LsrFY, WINSTON.$~t3_~L NORTll U,',rlVERSITY OF MARYLAND COL,L~G~ PARK. MARYI~,"D [FAR l:-~T D,~,'i$10N :N YOKOSLgG%. JAI~AN] 1968- ! 969. PROFESSIONAL LICENS~ NEffRSrN'G HOME ADMINISTRATOR LI,:~,,.~, A,'o. 2140, FI~,/~, Current CURR~ PROFESSIONAL AFFILIATION AMERICAN HOSPITAL ASSOCIATION AMERICAN COLLEGE OF HE&LTl { CARE ADMINISTRATOP~3 ASSOCIATION FOR HEALTHCARE PHIL. k,N-FHROP%' FLOR] DA }FEALTHCARE ASSOCiATION PAST PROFESSIONAL AFFILIATIONS AMERICAN }{E4LTH PLANNING ASSOCIATION'. HI:~LTHCA~ FINANCIAL MYuNAGE~,EN'T ASSOCIATION CA~:r~I:ED IWA~C,,~ Or PA r~NT A CCOUNn:%'e;. June 1978. Wmu~w G. FOLL,Wm~ MAglT A W,,mD, 198:2 R;.m,'~ $ ~ t vrm M mu? A ~ ¢.4Au . 1989. P^ST AC_.ADEMlC AmPOrNTMEN'rS ADJUNCT PROFESSOR Fk.O~JD^ A 6.. M U,',;~1~srrY. T.,u.h.U-.b~Srr.~, ]:bOg~D^ LONG Tluuvl C.^.I~ AD~ ~'~STI~TIO.~. 1986.90 AGE ND~ ~lTEM No,__, ", /-.' 0CI 0 6 998 }, ICH tL D. JE ,NIGAN ][LESUME Pag~ 2 QUAliFIED AS AN EXP£RT THROUGH THE FLORIDA DMSION OF ADMhN'ISTRATrVE HEARINGS . H~.~.n i Oa~ · Hosm'rAt. FINANC2A~. MANAGL~t~WT · LoNc~ ~ C.~I~ ADMINISTI~ON ~'OR.K EX~ERI ENCES JULY 1994 TO PRESE.N~' AUGUST 1983 TO ,rULY 1994 DIRECTOR OF PLANNING, Co~,t.',tt..',',"rv Hr~a.,'ra ~ INC. [and Community Hospital I have coordinated the req~rements of the State of Florida's gc~'emmencal agcndes related to filing of Certifica~e~ of Need. health care mark~ti and managed c~re development. Community Health Care is the Parent Organization of Naplcs Community ]'Iosplta], Marco Island Urgent Care Center. Naples Day Surgery, North Collier Hospital, and other entities, LOBBYIST for various health care organizations in the F/orida Leg!.flative process. IIEALTHC_.ARF. CONSUt. TA.~,-F for various health care dtent~ prima.iH, La the ~e.s of ccrtiflcate~ of need, marketing, and legislation. JUNE 1978 TOAUGUST 1983 ASSISTANT DIR~OR [Director of Planning], N.~.,ul.gS Co~l.'~t~rrv HOSI'n'AL, Naples, R~. ~lsua~vdy ~ec. ed ~d c~r~ated ~e f~cflons relat~ to C~m~ of Ne~ flllng~. D~elaped ~ng ~ge PI~ Up.re; c~nated pr~, s~s, lnspe~ons, and comm~lca~on f~on~, Promoted into p~t~on from B~ine~a M~ager f~c~on~ whi~ ind~ed fo~ ~p~en~ ~d ~-~ve empires, - AGENDA !IsC~L D. J~.KNIC;aN Wo~u<.__...~EX~i~_Nc~s. JULY 1974 TO JUNE 1978 BUSINESS MANAGER. L~wom M-tsto~.t,tt. HosPITaL. KinJton, North Carolina. Supervised ~nd m,tnag~d PaU,nt Accounting, Outpatient Accounting, Inforrrmtlon, ~md Communications, totaling forty, mix employees. Completed my M.BA d~,'gree duti. ng thl, tim,. Left to relocate to South Florida. lncreaJe In tesponlibiltty, ~tlary lnd opportunlty for grmvth. JUNE 1973 TO ]UI.Y 1974 BUSINESS MANAGER. NEw l-g. wot-~a Xttv, O~,a. HosPrr, c., '~Vilmingtcn, North Carolina. Supervised xnd managed business office ~.nd cashiers, toting thirty.four employ,e~s. I.M't for increased responsibLllty, ~al.try, ~nd gr,,duite education~J' opporttmltle~. APRIL 1971 TO MAY 197.3 STUDENT/F. MERGENCY ROOM ADMITTING CLEKI(. BA/rrLST HOSPITAl., Winston-SaJem, North Cato:In,. Two war5 p~rt.time empl .oyment during college. Through this experienc~ 1 cor~ple~d three Independent stud), courses: Involring co]lecUons; Hospitals and Unions; ~d public opinion of Emerg~nc), Room Treatment. Left for fuJi-time work ~'ter graduation from Wake Fore~ Uaiverslty. OCl D 6 1998 F'g ~ BOARD OF DIRECTORS HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA~ INC. July 1998 Robert R. Allen P. O. Box 1269 Arcadi,,, Florida $4265 Office: (941) 995-1727 r&x: (941) 494-5535 llom¢: (941) 494-4011 Jean s. Anderson 521 W. Arcade Clcwiston, Florida 55440 Home: (941) 985-7255 Fax: at Clewis~on News (941) 985-7557 Hcndr~ ~unty (con~cr mp~n~'~) Barb,,r~ C.Corbett I529 Vis~ Drive Sarasot,,, rloridn 34239 ~ll: (94I) ~50-7982 F~: (941) Home: (941) 955-8180 ~ta ~unly ~'ha~ ~'pm~ntati~) Rober~ I. Goodman lOC) Sands Point Road, #211 ~nsboat Key, Florida 34228 Office: (94I) 749-5004 Fax: (941) 742-5892 Home: (941) S83-8220 Fax: (94I) 58:5-0517 S~rasota County (pumJ~ser representative) Lalai $. Hamric (Sexretary) Family Health Ccnler~ of Southwest Florida P. O. Box 1557 ror~ Myers, Florid,, 55902 Office: (941) 278-3600 F~: (941) 278-3203 Home: (941) 332-7229 lee County (.pmvid~ representatisv) Valcrie A. Jnckson £~s! Pointe Hospital Gulf Coast ! lospital 15~ L~e Boulevard Lehigh Acres, Florida 35~56 Office: (941) 5(;9-2101 Ext. 4502/768-8401 Fa.x: (941) $69-6447 Home: (~41) $68-70~0 ~ Cow,fy (provtdcr rcprese, nt~tiv~) Michael D. Jernigan (Vice-Chairman) 1725 Mahan Drive, Suite 20I Tall,,hs&~ee, Mofida $2308 Office: (850) 877-4552 F~: (850) 877-3225/671-2732 Home: (8~0) 38G-1522 CoI_li~ Count), ~pwffder mpm. s~nt~tlvr) Frank B. Mann,Jr. ¢l'mssur~r) 2027 McGre$or Boulevard Fort Myers, Florida 53901 Office: (941) 5~,7-O464 Fax: (941) 557-7744 Home: (941) 278-5877 lee County (consumer Deborrah R. Metheny Director - Advance Technology Adult Education - ~hool Board of ,~rssol~ Cly. 1960 L~ndings Boulevard Saraso~a, Florida 342~1-3351 Office: (941) 927-9000 £xl. 1115 Fax: (941) 561-6173 Homc: (941) 9213-4659 ~resoltt Count)' (~roffder mpm.~ntatis~:) Paul £. Nelson (Chairman) 10184 Arrowhead Drive Punta Gord~, Florid,, 5~955 Home: (94I) 639-7164 Fax: (941) 6139-7164 (CaliFfz'Jt) Charlotte County (consumcr mpr~emtative) William C. Sharer 9653 Gulf Shore Dr., Unit 402 Naples, Florida $4108 llome: (941) $94-9747 Air, male: (941) ~87-8790 Fax: (941) 594-9747 Collier County (eousurner m~t~ tire) Martha E, Valiant, M.D. Hendry/Glsfles County ltealth Deparlment.s P. O. Box 70 l,sBelle, Florida Hendr)' O~ce: (941) 6744041 SC: 744-4041 Fax: (941) 674-4~0S or SC 744-4076 Home: (941) 675-4~52 (unl[.stea:l) AGE~DA~ .I-T E~.j NO. 0Cl D 6 1998 Pg,. August 21, 1998 HEALTH PLA2qNING COLrNCIL OF Scd.~THV,~ST FI,ORIDA. INC. Ms. Sue Fitson. Administrative Assistant Collier County Human Resources Offices 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Filson. The current term of appointment for Michael D..Jernigan. provider representatixe on the Board of Directors of the Health Planning Council of Southv, est Florida. thc. expires on September 30. 1998. Since all appointments are statutority governed by the Board of Count,,' Commissioners (408033. F S ). v,e v. ould appreciate their reappointing Mr Jernigan to a full tv.'o-vear tern:, effectixe October 1. l'~C~S Xlr Jemlgan has agreed to this reappointment. Michael Jernigan has served this Board for many .,.'ears x~.ith knox,.ledue and dedication. currently functioning as the Board Vice Chairn'~an and Chairn~an oftt'~e Council's Plan Development Committee }te brings leadership and vision to our agency while representing all citizens of'Collier Count',' in an honorable manner. \\'e appreciate the confidence ofthe Collier Count,,' Commissioners in his many abilities Ill or an', member of the staffcan assist you thr~her v. ith this request, please contact our office at the address or telephone number listed belox~ Thank you tbr your responsiveness to our need. Sincerely, Mary W. Schuhhess. M.S.. Executive Director cc~ Michael D. Jernigan. Collier County provider representative AGENDA IT£~ 1998 9250 COLLEGE PARKWAY (941) 433-6700 SUITE 3 SUNCOM 731-6700 FORT MYERS. FL 33919 FAX (941 ) 433.6703 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO CODE ENFORCEM'ENT BOARD NORTH OBJECTIVE: To appoint one member representing an Alternate position, expiring on February 14. 2000. on tile Code Fnforcement Board North. ' .CON___.SI. DEIL4TIONS: This 7 member board is composed of. but not limited to. individuals representing the occupations of architect, businessman, engineer, general contractor. subcontractor and Realtor and are considered, in part. on the basis of experience or interest in the areas ofthe codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each 3'ear with the Supervisor of Elections. Tem'~s are 3 ','ears. A list of the current membership is included in the backup. ' On Jul.,.' 28.1998. the Board appointed Ms. Roberta Dusek as a regular member, creating a vacancy representing an Ahemate on the Code Enforcement Board Noah. A press.release ,,,.'as issued and resumes ,.','ere received from the following interested citizen: APPI. ICANT CATEGORY .,D!ST ELECTOR .ADV. Peter Lehmann Engineer Contractor 5 .'.es none ..COMSIITTEE RECO.X.I.MEND.,.,TiON. This is a Quasi Judicial Board and recommendations are not accepted. _FISCAL IMPACT: NONE .GROWTIt 5IANAGESIENT IMPACT: NONE _RECOM:MENI)ATION: That the Board of Count\ Commissioners consider thc recommendation tbr appointment and appoint I member to fulfill tile remainder of thc vacant tem'~, and direct file County Attorney to prepare a resolution confimlin,, thc appoimmcnt. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: October6,1998 Memomndt.n'n To: From: Date: Re: Sue Filson. Administrative Assistant Board of Count' Commissioners Code Enforcement Department September I 6. 1998 Candidates for Code Enforcement Board "North" Vacancy The resume for the applicant listed below was reviewed and meets the Code Enforcement Board Ordinance No. 92-80. general classification requirements in the follox~ lng categor).: NAME CATEGORY Peter Lehmann Engineer Contractor If recommended by the Board of County Commissioners, this candidate s,,ill ser,.'e as an alternate of the North Code Enforcement Board. Please let me know when this item is expected to be considered by the Board. If I can be of further assistance, please advise. AGENDA Z T.,E M No._ -/6? ?-Y 0CT 0 6 1998 u Collier County Code Enforcement Board - North Work Phone ,qppt'd Ex?. Date Term tlome Phone DateRe.appt 2ndE. vpDate 2mi Term Linda Griffin 4433 E. Alhambra Circle 263-.e187 Naples, FL 34103 District: 1 Category: AI.TERNATE/Business Consultant George P. Ponte 565 Augusta Boulevard. Apt. 10 Naples, FL 34113 District: 1 Categoo': Retired CBS Employee 793-1370 Dyrel Delanev 427 Heron Avenue Naple, s. FL 34108 Distrtct: 2 Category: Realtor 544-1783 James D. Allen. Jr. 116 Heron Avenue Naples, FL 34108 District: 2 Category: General Contractor 02;18/97 02:14<'00 Clifford \Veslev Flet~al. Jr. 292 Bahustrol bri,.'e~ Naples. FL 34113 District: 1 Categoo': REGULAR'Realtor 02'18 07 02.'14.O0 Mireva Louviere 5780 10th Avenue. S.\V. Naples, FL 34116 District: 3 Categoo': Business 02'1098 02'14'01 Fred ~lueller 765 Willow Brook Drive. #1501 Naples, FL 34108 District: 2 Category: Realtor 3 Years 3 Years 3 Years a ~'"' 03' 93 02'1 96 e 3 :~.0 16 4 3 Years 7.=2~S.:-3 2"6 96 02'14 99 3 Years 06'03,97 02.'14:00 ~ Years 2:1 O. 98 02.'1401 3 'Fears 774-9~7a 07'19'0.1 02'I4 97 '~ Years 2 18 97 02 14 00 '~ 'Fears 2~1.1551 02:18/97 02/14/00 3 Years lt/ednesda)', July 29, 1998 Collier County Code Enforcement Board - North Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDute 2nd Term Roberta Dusek 1635 \Vindv Pines Drive Naples. FL 34112 District: 1 Category: Realtor VACANT Naples, FL District: 3 Category: Alternate 774.2a28 02/10/98 02,'14,"00 2 Years 261.1111 7/28/98 02/14,~01 3 Years 02,'14/00 This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect. businessman, en?,eer, general contractor, subcontractor and Realtor and are considered. ~n part, on lhe basis cf experience or interest in the areas of the codes and orclinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year the Supervisor of' E!ectsens Terms are 3 years. This is a Quasi Judic:al Beard Two alternate members were ac;roved by Ord. 96-78 on 12!3/~c5 FL ST..4 T: 162 Staff: Miche!le ArnclC. Cede Enforcement D~,e_,cr a0.:.,,~ ,3 Wednesday, July 2Y, 1998 Page 2 of 2 ~or. NDA IT~rM N O.. -.,--t~. 0CI 0 6 1998 M E M O R AN D U M DATE: TO: FROM: August 31. 1998 Sue Filson, Administrative Assistam~ 1 Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board o£Countv Commissioners ,,,,'ill soon consider the following indMduals tbr appointment to one of the county's advisory committees. Please let me know it' those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CODE ENF BOARD NORTI! ('O.Xl.x. IISSION DISTRICT Peter Lehmann 67 Johnny Cake Drive latz.5/ Naples. FL 34110 Thank you lbr your help. M E M O R A N D 1.1 M DATE: TO: FROM: August 31. 1998 MiThell¢ ^mold. (_'ode Entbrcement Dire~ Code Enforcement Board North As you know. v.'e currently have 1 vacancy on the above-referenced advisor,', committee. A press release ,.,,'as issued requesting citizens interested in serving on this comrrfiltee to submit a resume tbr consideration. I have attached the resumes received for .','our revie',v ns follows: Peter Lehmann 67 Johnny Cake Drive Naples. FL 341 I0 Please let me know. in xwiting within the 41 da.,.' time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank vou fc, r your attention to this matter. SF Attachments AGENDA~ ITeM 06 1998 LE..HMANN & ASSOCIATES, INC. ~oard of Cou~y c~ls~loner~ol~te¢ Counl~ FACSIMILE COVER ....... ~ ...... ,x,~--.,~. I Peter Lehmannt Cq,ns,ullanl - --'"'~ August 27~ 1998 ~ ge~_. 2 ?__el/cvr, "CullJel Co. Code Enlorcenmnt Boalc~ Alternate Vacancy . ....j Ptedse ~ev~nv GAs Re~uesfe~ Urgent ~/~,.oly A~AP ~ Please Comme~.t MESSAGE: Re': ¢<~[lie..i. county Code Enforcement ~oard, Alternate Vacancy Dear Ms. Fllion: , . Please accepI the attached resume In subenlsalon o! my candidate application lot I. he above referenced position. Should rurther candidate Inrormatton be required, plea,~e advise me Irru'medlately to that I may ronsard auch IniormatiOn prior I'o the closing of the candlda[e lelectlon ptcx:es$. '1 Ihank you In advance for your ar~,tl~ance. Peter Leh,r~nn A O £ N D~A/.,,! TCH NO... _,,.~ OCT 06 1998 LEHMANN &ASSOC. IA TES, INC. Construction Consttlfant$ ..Key Personnel Peter Lehmann, President Mr. Lehmann is licensed in Engineering, General Contracting, and Building Code Administration. Hc has extensive knowledge of cnginec,"ing principles, construction mana£ement, goveraing codes and standards, inspection procedures, buildin~ condition assessments, and defect claim analysis }lc is proficient in Contracl Adminis:ration and handles Construction litigauon, Project .Management, Construction Supc~'ision and Construct[on Inspections Peter has Leon a suFer, isor of engineerinB, inspection construction and QC/~ctixities for $30O- million commercial, industrial, and resident:al construct:on in domestic and international markets He is President of' Lchmann & Associates. Inc. a consulting firm s.ccc;,..lizin_~ it: residential, comrr, erci~l, and industrial construction related issues of construction litigation, defect claim analysis, expert wuness testimony, inspection se~aces, prolec: management, construction supervision, project design & development, value engineering analysis, and construction training As production ma~ager for a national hor..,cbuilt!e.-, he was responsible for management of corporate operations inclusive of land deve!opn:ent, product design & development, sales & marketing, and construction act~v:tles Pc:er was VP Construction / QC fo: L'S ttome Co~ and Managing Director for commercial and residential construction and quality assurance activities Working for an en~mecring consulting firm, he had proj¢rt management respons~bihty for a broad range ct' cnginccrm~ projects including residential. commercial, and industrial plannins, forensic engineering ~d inspection services. construction htigation: contract adnun,stratmn, procnrcmcnt, and government ha/son Peter is a Registered Professional Eneineer h:tern. ,n the State of Florida. a Cc.'tiffed Building Official ,,xith the Council of ]4.merican Building Officials, and a State Certified General Contractor for the State of Florida Itc has been a member of the Council of American Building Officials, Collier Building Industry Association, Lee Building Industr7 Association, Southern Building Code Congress Iht'l, ,National Society of Professional Engineers, .American Society of CMl Engineers, and the Florida Engineering Society AGENDg ITEM No. _..-.~' .~.._._._._._._._.~ 0CI 0 $ l J8 EXECUTIVE SUMMARy PETITION NO. C-98-5, V. CARLTON CASE OF THE KIWANIS CLUB OF NAPLES REQUESTING A PER,MIT TO CONDUCT A CIRCUS ON NOVEMBER 21 AND 22, 1998 AT CEI.EBI:LATION GARDENS, AKA FLORIDA SPORTS PARK, ON COUNTY ROAD 951. ~ For the Board of County Commissioners to issue a permit to V. Carlton Case of the Kiwanis Club of Naples to conduct a circus on November 21 and 22, 1998 at Celebration Gardens, aka Florida Sports Park, on County Road 95 I. CONSIDERATION: The Kiwanis Club of Naples has made application to the Board of County Commissioners for a permit to conduct a circus. The Kixvanis Club has presented sufficien't evidence that all the criteria has been met for the issuance ora circus permit with the exception of those provided for within their request for waiver of the surety bond. However staff believes waiver of thc surety bond is appropriate since the circus and Celebration Gardens have entered into a contractual agreement in which a SI,000 deposit has been set aside to cover clean up costs ifthe circus fails to restore the site back to the original condition. FISCAL I.XlPACT: A nor~-refimdable S200.00 permit application fee to cover the cost of processing and required inspections has been paid to the County. Since the circus and Celebration Gardens have signed a contract with Celebration Gardens and a SI,000 deposit has earmarked for c/can up costs if the Circus fails to restore the site back to the original condition. the Count,., holds no liability. GROWTH3IANAGE.xlENTIMPACT: None. RECOMMENDATION_: That the Board of County . Commissioners approve the request tbr a pemfit to conduct ,a"circ}/,; and waive the surety bond as a S1,000 deposit h already been paid as pan ofthe rental ~grcc~cnt. ~ ~NALD F. ~7~'O, A~ Date: ~ CURRENT PLANNING MANAGER ~VIEWED BY: ~~ Date:fi-- 'RO~RT J~ULHERE, AICP - PL.~G SERVICES DIRECTOR .~/ . ~.- // .. APPROVED BY' ~~7/ ~.2.j,~ ' , : ' Date: V~tNT A. CAUTERO, AICP, ADMINIST~TO~ COM.~IL~'ITY DEVELOPMENT & ENVIRO~ENTAL SERV CES OCT 0 6 1998 PERMIT F95 CA~:~I'JAL EXHIBiTIOn: STATE OF FLORIDA : COUNTY OF COLLIER: WHEREAS, '.'. Carletcn Case of the Kiwanis Club of Naples, has r. ade ap~licatlon. %0 the Boar: of ~c"n~ -, ,: ~cr~,lss:cners cf Collier County, Florida, for a permit to conduct a carnival or exhibitlon: WHEREAS, V. Carletcn Case cf %he Kiwanis Club cf Naples, has ~resented tc ~,,. Boar~ "~ s .... c,en% evldence %hat all criteria for the issuance of a perml% :c conduct a carnival cr exhibition as set :n Chapter 1~~, Artlz!e ii, .~,usement~ an~ En~ertalnments, cf =he Cclller County Code have ~een satisfied ans that such carnival cr exhibition wll! be ~-~ .... .aw.~. rements ant condi%ions; and WHEREAS, sal~" iarlet:n ~ase cf the Klwar. ls ~i'~ Cf ~:a~les, nas requested a wa~'rer cf %he Surety EchO; NOW, THEREFC'RE, THiC PERMIT iS ~=:~:v GFANTE~ -' Klwan:~ ::aples to conduct a carnm'.'al or exhlbltlOn o~ Ncver. uer '' in acTcrdance with the terms and condltlcns set forth In the petitioner's application and all retateO ~ccuments, attached hereto and In~crpcra%ed hereln for -~,,.e fcilcwlnu, ~escrlbeC ~rcperty: (See at:ache~ Exhlblt WITNESS my hand as Chairr~an cf said Board an~ Seal cf said attested by the Clerk cf C~urts In and for sal~ C=unty this ~ay of , 1998. ATTEST: BOARD CF CCU~:TY CCMMIS$1ONERS: 2WIGHT ~ BROCK, Clerk COLLIER ~ ..... v -' ~ .... FLORIDA: Approved as to Form an~ Legal Sufficiency: ~:ar~orie M. Student Ass~stan= County A~torney BARSAPA B. BERRY, inalrman OCT 0 6 1998 KIWANIS CLUB OF NAPLES P.O. BOX 1453 NAPLES, FLORIDA 34101 September 15, 1998 Ma'. Robert J. Mulhere Planning & Technical Services Manager 2800 North Horseshoe Drive Naples, Florida .34104 Re: Application for Circus Permit Clyde Beatty-Cole Brothers Circus, Inc. Dear Mr. Mulhere: Herewhh submitted is an application for a circus permit for the Clyde Beany-Cole Bros. Circus to perform shows on November 21 and November 22 1998. The Kiwanis Club is sponsoring the performance as a way ofraisine funds/'or community sen/ce ,,cxiv/ties as a part of the 1998-1999 Kiwanis International-major emphasis theme. Enclosed is a check for $200.00 representing the non-refundable application. Ail information and attachments required by Chapter 8 ',4 ofthe County Code are included except for a surety bond which we ask the county to waive and which it has the direction to waive. The Kiwanis Club of Naples has been responsible for handling the parking of cars and the cleaning ofthe County Fair parking lot for over nineteen (19) .years. It has sponsored the circus for thirteen (13) years. On the basis ofour record, we submit to the county that we have shown and will be able to have the site cleaned after the circus leaves and otherwise perform as required. The site proposed is the Florida Sports Park on County Road 95 I. If you have any questions concerning this application, please call me at (941) 434-1212. Thank you for the office's consideration and anticipated cooperation. V. Carleton Case VCC:tm Enclosure OCT 0 6 1998 before corn Jetin~ tkl.~,,~ ~'~"' _p~__t_i~-.i.o~~..U Copy: Copy: ca~N~v~ oP~o~ ~~o~ .... ~ 15~'-- ' · ' ~ 8 - ~,.~: " ' ....... : r NAPLES, PEI'iTiO,,.R,S ADDRESS: CARLEiO., CASE _ Petitioner (2) County Manager SEPTEMBER 11,1998 P.O.BOX 1453 NAPLES, FLORIDA 33939 CON3'~CT _TELEP}iONE: 941/434-1212 FROFERTy r,,',,t-~, , -,~,,aa S hAME: CELEBRATION GARDENS GENE VACCAROtMGR. O,.JER'S ADDRESS: N-A-PLEC~L 341 ] 4 LEGAL D:--~'~:'~I?T!O:: OF SUBJECT PROPERTY: TELEPIiONE:.941-774-0000 SEE ADDENDUM TO PETITION (EXHIBIT! ........ ' ...... C;:Ti.~'::: STATE ROUTE 951 /INTERSECTION OF RATTLESNAKE H~%MOCK RD. "-!.':.":.. E:; ......~:::: ,, ......................... CURE L:;T L'SE: EVENTS/RECREATION X..'.':q'].!. : i !i';' 1':. L: _'._Et__I.PORARY USE/ TWO DAY CIRCUS APPEARANCE ..... PER--O~v~'' ~=c - - ___ ......... : -'-~ ~'~' 21 4: 30 SUN.NOV.22 1:30 & 4:30 ...... 30 & 7: THE FOLLOWIt;G i ' .",':." , :;}O[ ..... IlO,l IS INCLUDED IN THIS PETITION. (FOR EXPI.ANA- TI '" S r ~ .. u,,, ,.E RE\'ERo:. SIDE.) 3. b. 3.e.l) 3.e.4) 3.e.7) 3.e.2) 3.e.5) __ 3.e.8) I.e.3) ........ /]3.e.6)__ 3.e.9} ...... i';TY MAI,'Aq lilR .... OCT 0 6 1998 Excerpt from Crdinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20)~ days belore occupying the carnival or exhibition site, an applicatio for a perm~.t shall be submitted to the County Manager in four (4~ copies, acco.-. ?~n i ed a. A surety bond in the l~ena! '~%um o! $2,500, issued by a comDanT author:zed to issue such bonds in Florida, conditioned upon the operator complying w~th each provision of this Ordinance and subject to forfeiture un,er the terms provided in Paragraph 8 horeinbelo',,. b. Evidence of current public liability insurance coverage, issued bT a company authorized to do business in Florida, in the minimum amount of $]00,000 for any one person and $300 000 for any one incident. ' c. A non-t'efundable fee of~ d. A current occupational license issued by the Collier Ccunt.v ~ la>. Collector, and · , Tho ruamo and headquarters .~ddre~s(es) of the carnival c:- ':':.;ni~ztlon company(les) with a direct c:' indirect Xinancial inte:'est; n,~m,:(:;) ,~nd address(es) el any sponsorino (:rganl:laticn(s) , and the name an.'i loca 1 address of the ap[)l icant repros:christ: the carnival c~' e:':hlLition company(les); 2) A description of the every activity to be conducted such as kut ::ct ] Jm~tec] to, menageries; circus and side-she%' perfor ances; amu[~ement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not [:ro~%ik~ted by State law to be open to the public for an admission cr Fart/cipation fee and number of persons to operate the activities; 2) ~:ame, identification and social security number each person accountable for the operation of each activity; ~) A description and sketch of the site showing the !ocotion o: each activity proposed, the location and number of sanitary facilities; ?,a:-kinc ~acilities, and provision for lighting and public ~'ater; 5'~ Application for Food Establishment Operating Permit from the Cou~%~.:. ;{,3a]th Department as required by Ordinance 74-45. ,',) The plan for refuse, garbage, debris, and sewage lisposal (~:r::~c an~ a~ter eperation of the circus '/) Prove:sloss for tra~ f ic control , ~ Ire '.3a I ety and Tho date and t ime o,tch ,itt: v ] ty i ~; to bo cr~nducted ") Writ tc.n approva 1 from the owner o~' the property 'uthc:'iz in,: t~,- " .' '.:::.-' c~: th~:; premises for such carnival activity. iQ) l,eqa] t~escription of property to be utilized. OCT 0 6 1998 HIS ADDE:,!DUM REGARDi.~:G THE AT.-ACHED PETITION APPLiCATrON/REQUEST PROVIDES FURTHER INFO~.L:Ti~N A.qD ATTACHED EXHIBITS WHICH ADDRESS a) Kiwanic Club of Naples, inc., as applicant, requests that the bond required be waived, '' · b) Certificate of Insurance at~ached (SEE EXHIBIT ~9) c) Check for Applicaticn Fee Included (SEE EXHIBIT #11) Check~ /~Z/ Dated, d) Check for Renewal of Occupational License Included (SEE EXHIBIT $13) Check# I~ZO Dated/ ei EXHr -B~ON COMPANY: Cole Brcs. Circus, Inc. d/b/a Clyde Beatty-Cole Bros. Circus P.O. Box 127 DeLand, Florida 32721-0127 (904) 736-0071 LO~AL SPONSOR/ CIVIC ORGA:~I ..... Kiwanis Club of Naples, Inc. P.O. Box 1453 Naples, Florida 33941 (941)434-1212 This entertainment activity will include ~ scheduled performances each lasting approximately 2% hours. PerformanCe ~ncludes, performing animals, aerialists, acrobats and other customary attractions appearing within a single tented facility. Seating for 300~ is provided. Patron Parking is provided adjacent the Circus site. On-site overnight accomodations for Circus personnel are self-contained. Circus employs approximately 90 persons and hires no local vendors, concessionaires, jobbers, or food service personnel. Ail food and beverages available to the public are housed within one single mobile food serive trailer. CIRCUS Federal I.D.~ 59-2161552 circus ON-SITE CONTACT: CIRCUS soc LEGAL DESCRIPTION OF PROPERTY PROVIDED. (SEE EXHIBIT #12 I SPEC?ION PE I? ISSUED FOR OOD SERVICE FRO STATE LOCALLY CONTRACTED SERVICES ARRA~NGED BY SPONSOR FOR DUMP~.T~.. RV CE TO HAUL REFUSE FROM SITE AT CONCLUSION OF ACTIVITY. CIRCUS PROVIDES 10 PORT-O-JOHN UNITS FOR THE PUBLIC ( 5 Male / 5 Female) WITH AN ADDITIONAL HANDICAPPED ACCESS UNIT. PORT-O-JOHNS ARE PUMPED AND DISINFECTED DAILY BY LOCAL CONTRACTER ARRANGED BY CIRCUS. SPONSOR WILL ARRANGE FOR TRAFFIC CONTROL PERSONNEL AS NECESSARY OR AS REQUIRED BY AND THROUGH COLLIER COUNTY SHERIFF'S OFFICE BOTH PRIOR TO AND DURING SCHEDULED PERFORMANCES. DEPUTY SHERIFFS OR LICENSED PRIVATE sECURITI' -~ .... ~,~iS CLUB OF :;APLES CL'£EE BEATT'."-_"CLE BROS. CI.RCUS CCLL'Eu C~ ....... ..... ~' I , -"'LORIDA Pa~e ~'o ~iccntinued...) WILL BE O,, SiTE CURING PER.=Ok~t,__,4CES FOR CROWD CONTROL AND SECURITY THE KIWANIS CLUB OF NAPLES !NC WILL ADDITIONALLY PROVIDE VOLUNTEERS :RO... THAT ORGANIZATION TO ASSI£? AND TO DIRECT PARKING. · .,=R-_ ,~i~ BE A TDTAL OF 4 PER,?ORPLANCES SCHEDULED. - ~"'-'OFu~tlXCES ARE SCHEDULE~--~S FOLLOWS: SATURDAY, NOVEmbER 21 ~.,D.~% , XOVE:.tBER 22 4:30 7:30 1:30 4:30 COPY OF AGREEMENT WITH CELEBP~ATION GARDENS FOR USE OF ~H= SITE IS INCLUDED (SEE EXHIBIT =.I0) - - OCT 0 6 1998 2 4 5 6 7 8 9 11. 12. SCHEDULE OF EXHIBITS >lap cf Circus Site within Celebration Gardens Site Diagram of Circus Area Circus Operational Layout/Facilities Placement Inside Tent Diagram/Exits, Seating, Structural Circus Logistics Sheet Fire Safety Operations Sheet Inspection Schedule Sheet Cer%ificate of Flame Retardance insurance Certificate Agreement,,'?ermission of Celebration Gardens Check ?ee-Carnival Operaticn Petition Lecai Description of PropertV OCT 0 6 1998 STAFF 48' [] 45' [] 4.5' ~ 45 [] 48' ~ 231' LONG l 5' FIRE LANE ARCL~,'D TENT, CIRCUS BACK YARD COOK HOUSE TIGLRS MECHANICS ~-m~HANTS HORSES 40' 80' 12(7 ; 6C 200' 240' 28C 320 360 4OD' 440' 480' 80' 0 i2C' T 16C' N COLE BROS. CIRCUS, INC DBA CLYDE BEATTY-CO~ BROS. CIRCUS BIG TOP: STAKELINE: 12' FIRE LANE: 15' MARQUEE' 30'X 136' WIDE X 30' 231' LONG OCT 0 6 1998 PO¸ P'O~? ABLE SE~T WAGO~ 42'4'3,,23',-4' TOTAL SEATS i I (' ,kJSL E 4' ~fSLE 4' AISLE J 4' AJSLE .... ~-~ !~ 4' AJSLE -o, OCT 0 6 1998 _ Pg. /C~ LOGISTICS CIRCUS BIG TOP: 1 36 FEET BY 231 FEET the standard r'ire lane is 15 feet ,,,.,de SEATING CAPACITY: 3,016 eac"'e- ,'. sgor~ i-'a: 1 C',:.(. Rese."'.ed Ch,'-_ ,.~ .~ea~. ELECTRICITY: Four d,esei-~o~ered genera:.~r plants provide electricib, for circus needs. Eao'- or' t',ve 3S0 ~,V Generat:.-., pro;ides 900 ~mp Se~ice. In add;tion, one ;25 ~,', Cerera~'or and one ";0 K~,V Generator provide 600 Amp Se~ice. RESTROOMS: 11 self-contained units, serviced da/Iv VEHICLES: ."Xpproxirnatelv 25 diesel-po,.~ered tractor-trailers and 30 private RV units. SAFETY: Chemical and water/ire e×tin~uishers are strategically located in the Big Top. -kdditional sar'et-v equipment is !ocated in the ~enerator trailer and each vehicte Trained personnel monitor sa/err on the show§rounds and within the Big Top. No Smokin§ observed in Bi§ Top. AREA REQUIREMENTS: C~cus rec~u~-es m~n~mum di..~,er~sions or' 300 t'eet by 450 ~'eet for placement or' ~,g T..-~..~eaung, animals semis. R~.s. and other show equipment, in addition :o [he area occup,ed b,, the orcus and circus equipment, the -:ho~,,grounds must ha~e a suitable patron parking area. OCT 0 6 1998 FIRE,.'SAFETY EQUIPMENT & CPERATIONAL PROCEDURES Pat;cr~ access main fror~t entra,".ce/egress 30' Wide Rear per'former entrance/egress 15' Wide Four additional auxiliary exits ('c,,¢o each side of Big Top) 15' wide. Clearly marked by contrasting color (red) and large lettering "EXIT". Each emergency auxiliary exit marked by lighted phosphurescent exit signs. No smoking anncuncements are made prior ~o each performance and during performance intermission. Two ushers monitor any patron smoking throughout the performance. No smoking signs posted on every other qua~er-pole as well as three posted at main patron entrance. Ail electrical power provided by two diesel-powered Caterpillar Generators, (1) 250 KW Cat and (1) 300 KW Cat. All electrical cables are either buried, suspended or covered by rubber matting. Two 75 KW emergency generators automatically come on in the event of the failure of both main generators. All elevated end seating sections are banistered by 36" high railing. All aisles within the seating sections are 30" in width. Each of the four portable seat wagons contain two water-type fire extinguishers at each end for a total of 16. Each of tile four main centerpoles of the Big. Top have two ABC chemical fire extinguishers mounted on either side for a total of eight. Each generator vehicle contains I ABC chemical-type extinguishers. The main ticket wagon show office contains a first-aid kit, weather-alert equipment and mobile cellular telephone. Local numbers of emergency support (Fire, Police, Ambulance) are kept on file for each locale. The show manager & assistant managers utilize walky-talkies for constant communication on the Circus grounds in the event of mishap or injury. OCT 0 6 1998 ITEMS RELATED TO FIRE DEPARTMENT PLEASE NOTE THAT THE CIRCUS FiRE PROTECTION PRECAUTIONS AND ' EQUIPMENT ADHERE TO GUIDELINES APPROVED UNDER THE NATIONAL STANDARD FIRE AND BOCA CODES. INCLUDE SPECIFICATIONS AS NECESSARY IN REGARDS TO: 1) Fire ress,ance materials Posting of NO SMOKING signs throughout tent. Announcements made prior Io and during each scheduled performance. Circus personnel on watch lo enforce NO SMOKING ordinance. 3 ) Number of and dimensions of widlhs and dislance in regards lo enlrances, egresses, aisles and emergency exits. Fire lane arounds circumference of the Big Top. Unobstructed enlrances and egresses to seating areas, Number and type of fire e×~i,qguishers available throughout lhe Big Top both water and chemical types, labeled as 1o current charge. Fire and first-aid kil for emergency medical treatment. Mobile telephone and wa;ky-talky radio for monitoring Ihreatening weather conditions. Nalional Weather Service telephone numbers on file on a per-are.a basis. FIRE DEPARTMENT PERSONNEL SHOULD SCHEDULE INSPECTION TO TAKE PLACE AT 1~-I ~ ~following the set-up of the ~ent and related facilities and prior to the first scheduled pedormance before any member of the public has been admitted. ITEMS RELATED TO HEALTH DEPARTMENT (1 Circus provides 10 chemically-treated portable "port-o-john' type toilets (five men and five women) Ior public use. Circus contracts local septic tank service to pump toilet holding tanks on a daily basis. Individual motor-home and travel trailer holding tanks are on an "as needed basis". (2 Circus contracts locally for two 20-40 yard roll off type dumpslers for animal and patron lrash and refuge dudng lhe engagement. 1 dumpster is positioned near the concession/food service area for paper trash and the second is positioned near the animal compound for maure waste. Dumpsters are emptied during the engagement on an .as needed basis". (3 Food items available to the public, its storage, preparation and serving facilities are housed within a single trailer facility. Items are soft drinks, popcorn, collon candy. snow cones, peanuts (pre packaged) and hot dogs. No frozen dairy products are served. Ice and hol dogs are purchased locally. HEALTH DEPARTMENT PERSONNEL SHOULD SCHEDULE INSPECTION TO TAKE PLACE AT J-~"l .-.,~T. 11/2_t following [he set-up and preparation of the health and food service facility, and prior to the serving to the first member of the public. OCT 0 6 1998 'h~s : .: :ert,f'/ .,~a: :."lc .'~,aJerlal5 ~escrl:ec "ave ~ertlficatlor~ ~s heree¥ made that: -he '--rt~c:es -:esct~Dea ,:n th~s ,.~,~rt, lficate nave r,~en treated '.v~th a flame-retaraant approvea chemical ant that the application of said chemical was aerie ~n conformance w~th California Fire ',larsna~ C:cce. eaual t~ exceeas NFPA 701 :-'..: ';.-: ' . ......... The metncc :: '.he F= c,~em~csI application IS: '::.T:7 '' ...... ;' .-- :lame ,C, et.=.rcan~ Proces~ Used ','/ill Not Se Aemoved By " :__. ,/as,,~ng ,-:,na Is Effective For The Life Of The Fabric DC'C Uh, I~H T ~~'-- ........ · ....~ :: CHOR . -: "- -:::--':'- -.. This ~s to certify that the materials described have been flame-retardant are inherently nonmflammaOlej an~ were suDolied treated Certification :s hereby made that: The arl~cles ~escrlbed on this Certificate have been treated w~th a flame-retardant approvea chemical anc that the aDP;~cat~on of sa~d chemical was done m conformance with CaJiforma Marshal Code. equal to exceeds NFPA 701 ~ i~,;L ",: .".t~. The method cf the FR chemical application ~s: :~- , ~me Retaroant Process Used Will Not Be Remove~'-fi~"'- --~-g '~ ' washing And Is Effective For The Life Of The Fabric uL,/ U 6 1998 -,_..: ..... :.. - .......... _ ' ':7 t -.~-~" .......... ~ ~'~ -~ . :_ ~ ' ~LLIEI) SPECIAJ_TY INSt.I~A.NCEo IN~C. 10451 n. iX.F B~/~RDo TREA~SURE ISLA.NI), FL. Toll Frei 1-800-~237-3O55 National 1-800-~-6776 Florida 337O6 ';0 Ce~t~:ate Nt, mbe. 104 CF-RTIFICATE DF IN~E;URAJ~CE This :ertlFlcate neither a~Firmat:,e~U no~ negativel4 amends, eztends or alt~ the coverage a;;orde~ bN the POlice{les) described here n and is issued as a matter o~ information and Con'ers no right uDon the hol~er ~ne P~ilc~(les/ ~denti~ied belou, :~ a pollcg number is in Force on the ~ate cert~ ic~ · :ssuence Insurance is a;foramd onlu ~ith respect to those covera!es ;or ,~h~Ch m specific ~i~t o~ ~abllit~ has been entered and is su~pe~ to ~i~ terms oP the policg having re;erence thermto Nothing COn,al ed Shall n,odiPg ang p?ovis~on o~ said pollc4 in the even: o~ cancellation O; the polio4 the ompan issuing said policg ,~sli make ali ~eascnable e;;o~t ~: send No'ice o~ Cancellation to the certi;icate holOer a~ the add-ess sho~n herein, but the Com~an4 assumes no responsibilities ~or ang mistake or ~allure to give such no,ice An~ insurance made a part oF the molic4tincludes as a pa?son insured ~ith respect to an occurrence taking place a a Circus site, (1) the Fair or ezhiOltlon a;sociation, sponsorin~ o~ganization or committee ~'~ the o~ner o~ lessee there o~ (3) a munlc~ali g g~anting the Named Insureo permission to operate a(n) Circus, b on ~ as respects bodllg injurg.o~ p~operty damage caused bg or con ributed to bg the n*~l:gemce Named insure0 ~hi e acting in the course and scope o~ t~eir ~ & /~DDRESS OF I~~: ~DITI~ I~~- Cl~d~ Beatt4-Cole B-os Circus P o~ lP7 Oeland F~_ 3~721 NA293E & ~DI~ESS Olr CE]RTIFIC~TE HOLDEIR: Celebration Gardens Ge De Vaccaro 4750 Hwy. 951 Naples, FI. 34114 Compang. ._ PR I MA~Y Firemans Fund Insurance Compang Pol Number PG60~055 LIAbiliTY LIMITS BI/PO OCC. $1, 000, 000 AGG stC, CCO, O00 ~ood Oroducts Polic4 period From To ~t,ooo,~q 06/15/98 06115/99 Kiwanis Club of Naples, its officers, dir and members Collier Cou~lty Board of Cotzzlt~'Co~missioners CElebration Gardens and Tez~ S~nervision, In, Nov. 21 & 22, 1998 EXCES~ COVI~E T. H.E. Insurance Com~ang ~8XF0168 Bod~Iu In~u~4 & Propertg uamage $1,)00,000 Ezcess o~ $0 T H.E, Comoan~ Prooe~:g udmag e $~, ')CO, O00 Excess o~ f9 06/15/98 06115198 06115199 06115199 * - COMBINED SINGLE LIMIT the po This c Ficate is not valid unless an orios~ al signature appears ~elom. (Copies Not Valid) August 19, 1998 AGE t~D~.J T~i M, OCT 0 6 1998 OCCUPATIONAL LICENSE 1998/1999 RENEWAL NOTICE MAKE CHECK PAYABLE TO COLLIER COUNT%' TAX COLLECTOR 2~00 N HORSESHOE DRIVE , NAPLES. FLORIDA 34~04 o~94;4~Q3-2477 THIS LICENSE EXPIRES SEPTEMBER 30. LOCATION: FLORIDA SPORTS PARK ZONED: MAKE CHANGES OR CORRECTIONS BELOW MUST PROVIDE THE FOLLOWING: LEGAL FORM PROFESSIONAL REG. NO CHA~E ~ L~AT~N Y~S ~ NO ~ RES;DElE USED AS O~r~C~ YES ~ ~ g C~E ~ O~ERSH~P YES ~ ~ ~ SEATING CAPACI~ COUNT NUMBER OF VENDING M~CHINES P~NE COUNT C~SS~CA~,O. CIRCUS, INOIV1DUAL PARTNERSHIP CORPORATION SHOW,CARNIVALS CARNIVAL, SIDE SHOW BUSINESS PHONE 90&-736-0071 CLYDE BEATTY COLE BROS C COLE BROS CIRCUS INC P O BOX 127 DELAND FL 32721-O127 -'~Fru~N ~wts No13c~ w11~ RIE- l HEREBY DECLARE 7'~E PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST O~ MY KNOW1.ED~E. 920 1 & 2 / 01800001 OCT 0 6 3998 4750 Hq~h~y 951 Naplm. Flon~ 34114 Phor~e' (941) 7'74-0000 Fax' (9411 7'74-0307 "Client ts respc~sible for all damaged and missiag property Cdebrsao~ Gardens as pursuit to rule #12 page 2 of this ccmu'am ~ the so~e ~nd complete discr~o~ of Celebration CHARGE FOR CLEAN-UP WILL BE DF. DUCTED FROM DAMAGE DEPOSIT IF CLEAN UP EXCFI:DS 4 MAN HOURS "Client must provide adequate Security Cdebrm~on Omxdens will make mrangements for the approprim~e number of l~w Enforcement office, rs to be providod by the Coili~ County SheriWs ~ent Special Detail Client sflxeos to p,y the r'mae of $30.00 in~ bout, po' officer. No othor ~cy will b~ ac, c~pt~l w~thout writt~ auuhocizaxion fi'om · Cdebrafon Cratdens Director. Cl~ =~-~o~ o~.~s ,~ -~ o~¥ ~.,c~s~ ,,,~o,~ -ro ~,:L,. ~ .,~,~ ,-,C~OO. O~ ~ PILF_MISES ADDITIONAL TERMS. C! FFNT INIllALS OCT 0 G~1998 ] CELEBRATION GAR.DENS RENTAL. AGREEMENT PAGE 2 RULES .~"~D REGLTLATIONS 1. If t~"ash dlSpOSa} con~I'ac! tS not required, the house dump site ma.'. be used An cxru, charge ma.', be assessed the d!scret~on of CG All copies of ms'.:rance (if neccssar)..) ~.':Jl name CG as also ,nsured. '~ Rental dots not zmpl.~ endorsement or sponsorship of a. ny events by CG and pubhc:ry will tn no ~.'ay state or imply such. 4. The chent understands that CG w,II not be held resportstble for any acc,dent o; m.luO occurring dunng the rental and clean up period. ~ Prior to rental set.up, access to rental areas w,ll be arranged during normal business hours with the CG office §. No stakes or penet~'atlon of blacktop areas are permitted Fa,lure to ciean up and, or vacate prem,scs v. ull result ,n an ex='a fee as determined b)' the sole and comptete discret~on of CG $ ian.,.' per:-nm'~ent lmpro~ ements made to thc rental areas w,ll become the sole propers.' of CG 9 Chent agrees that In the event ora breach of conrrac! that results tn CG placing the mailer m the hands of an attorney, chent s~a[l pay any reasonable arlomey's fees and costs, mclud:ng anomey's fees and costs mcurced upon appeal and all o~her cost~ for making such collection, as well as interest tn the max,tatum allowable ,"ate by lab' 10. Not,.,.'lthstandmg am.','thing in this ¢ontracL CG reserves the right to. (a) deity client access to area. Co) evict client from CO property, and/or (c) cancel any use or proposed use of CG grounds m the event achy,ties or proposed actavities of~e chon, or his mvitees sh,tll violate a.ny law or ordm~ce or may be ora nat'are deterrmned by CG ,o be contra.D, to the eha.ner, by-laws, resolution, or sole and complete discret:on o£CG. 11. Client ~,,,11 be financially resportsible for any m,sstng or damaged property of CG. 12. Rental is confined to the areas specifically named on the front of'th.ts contract and m'trnedlate parking areas one will be allowed tn an.,.' other area of the park or additional fees will be charged at the sole and complete dt~crenon of CG. ~O 13. Chent .'-aa)' not ch.'..rge adm,ssion or sell food and/or beverage unless agreed to and spec:fled by CG on the front of this contract Ha,.'mg read and understood the terms of this agreement, the par. les hereto by their signatures conf, rm this / OCT 0 6 ;998 The SW 1/4 of the NE 1/4 of Section 14, Township 50 South, Range 26 East: the SW 1/4 of the SE 1/4 of Section 14, Township 50 South, Range 26 East; the NW 1/4 of, the SE 1/4 of'Section 14, Township 50 South; Range 26 East; and the West 1/2'of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section · 14, Township 50 South, RanGe 26 East, Collier County, Florida. Subject to restrictions, reservations.and easements of record. OCT 0 6 1998 OCT 0 6 1998 0 n o X 0 0 OCT 0 G 1998 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Pa ment Sli Nbr .9~_3_.2__3 ............. 09/15/1998 2:21:46 PM 0911511998 MS 42398 Payor' COLE BROS CIRCUS Fee Information Fee '~e'--' Total /:u'~ount warred $200.00 $200.00 +p__a_yment Code Payments Account/Check Number Amount CHECK ................... !_9_2 !. Memo: C-98-5 KIWANIS CLUB OF NAPLES $200.00 Total Cash $0.00 · Total Non-Cash $200.00 Total Paid ..... -~'~(~0-~)- Cashier/location: FROLOFF E / 1 User: MARTIN_C Collier County Board of County Commfssioners CD-Plus for Windows 95/NT OCT 0 6 ~998 Printed:09/15/1998 2:22:34 PM EXECUTIVE SUMMARY LIEN RESOI,UTIONS - CODE ENFORCEMENT CASE NO'S. 70305-264/Ronald & Nancy Gill, 70806-022/Leonard J Bubri & Nicholas Karalis, 80212-038/Sunbrella Homes inc., 80309-006/Walter F & Rose Marie Newman & 80407-011/Connie Simon & Marlo Pikul. OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thinx' days after mailing of the resolution. Case No. 7O305-264 70806-022 Owner of Record Ronald & Nancy Gill I,conard J Bubri & Nicholas Karalis 80212-038 Sunbrella ltornes Inc. 80309-006 Walter 1: & Rose Marie Ncwm;.lll 80407-011 Connie Simon & Marlo Pikul Case Summary a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds c. Owner invoiced For costs a. Violation determination 03/31/97 04/08/97 05/24/97 07/15/97 07/31/97 04/04/97 b. Notice of Violation served Und,.'livcrable c. Verification ofunabated nuisance 09/16/97 d. Nuisance abated with public funds 09/I 1/97 _Ce. Owner invoiced for costs 10/24/97 a. Violation determination 02/I 1/98 b. Notice of Violation served 02/14/98 c. Verification of unabated nuisance 03/05/98 d. Nuisance abated with public funds 03/12/98 e. Owner invoiced for costs 03/13/98 a. Violation determination 03/06/98 b. Notice of Violation served Undeliverable c. Verification of tmabated nuisance 03/30/98 d. Nuisance abated with public funds 04/01/98 e. Owner invoiced for costs 04/I 6/98 a. Violation detemfination 04/06/98 b. Notice of' Violation served Undeliverable c. Verification of unabated nuisance 04/28/98 d. Nuisance abated with public funds 05/01/98 e. Owner invoiced for costs 05/18/98 Lien Amounl $ 3,550.O0 245.00 245.00 245.O0 245.OO OCT 0 6 1998 FISCAL IMP. A£'T A total reimburscrnent of S 4,530.00 moy' bc anticipated by' voluntary action or lbreclosurc. Thc only cost to ~ incurred by the County is the cost (,frccordine thc Lien. which is estimated to be approximately S 35.00. and can be paid t~om Code Enfi~rccmcnt account~ 111-138011. ' _GROWTH MANAGEMENT IMPACT Nol applicable. _RECOMblENDATiON That the Board ft-ountv Commissioners adopt thc attached Resolutions. PI~.EPAREI) MelOdy Bridg~_~,a,,, Cu~'t0,~ner Serwice Representative Code Enforcement I)A TE' · 6' · / 7 .-'?...c REVIEWED BY: · uli~Belanger, Senior Customer~Service A~enl Codte Enforcement REVIEWEI) BY: 3lichelle Ed~vard.s Arnold, l)irector Code Enfl~rcemenl DATI!: ?'17. ?5 CSce 8 - 6/91 OCT 0 8 ?998 - j BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ronald Nancy Gill 3403 Bayshore Dr Naples, FL 34112 DATE: REFERENCE 70305-264 #70870640002 LEGAL DESCRIP/iO!;: South ~ of Lot 6 and all of Lot 7, Block D, Rock Creek Terrace, as per plat thereof recorded in Plat Book 1, page 40, of the Public Records of Collier County, Florida. maintained by ~he c:'f~ce cf ~he Propers%. Ap~>raise~, Compliance ~{,.r'.'~,... M~r~a?,_.:, ~i ~ ,n 4/2/97, Accumulation of prohibited species on unimproved land located within 200' of improved, subdivided property and prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Brazilian pepper hedges & hot water heater, air conditioner housing, 3 derelict sheds with stored item, etc. You fai!eQ ~c aLa' ~ ~.t.,::, nuls,:.~:%,.; w.~,ereu.:,t:,, it ~'a~ ar, a~e~ D':' the expen~i%ure cf ~u~!ic funa~ ~'. ~ :-:~'~ '- ~'~ ~" $3,350.00 ~:. : ,~d:',~:'.~s- ra~';,~ c~,st $200.00 fcr -~ :,- .... $3 550 00 Such -,~ .... p~,s,-,~ ........ : --',:t;~n c~ the Boar~ above orooertv on . property t~,irEv : :,~"~ You ma). request , ~ ...... k ...... ' '~" :" ~ ::~ [~ '~: : : ',::':~ )' 'Jc~:,r',i s~:lo~ers tc show cause, if 5nv, .~.:. :.' ,'x:~ser :amc ,c:~-a:-~ue: ::, :',;rr,:.~] b':' ~ F~e ,.'cunt}' u~der this Ordir, ance a:'~, ~:-.w ~r:,~:t'ed o: e;.:iessE','e t~: wt.'.' s'ust, expenses ~ould constit'4Ee a [ :eh E:cn :;.sE the [~roTert7' Such :equest for hearlnc must be made tc the C/,'3:k :f t~.~. !:z ~:.fl of l'cunt~. Cc~'r,:ss;sne:-5, Government CenEer, Naples, Florida 34112' in wrltinc wit~,i:. -~ ..... -,- ~ ' ....... ~ .... a'/& from ~he Ca%e of N CLE~w, BOARD '~F ~OUt:7':' COMMISSI_,,,_R~ CSce 9- i / 9 ] OCT 0 6 1998 6 7 9 I0 II 12 13 I$ 16 17 19 20 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4O 41 42 44 45 46 48 40 50 51 52 53 54 RESOLUTiC. N NO, 9~- A REqOLUTION OF THE BC,;~.2 2F C?'JNTY COMMISSIONERS PROVIDING FOR ASSESSMENT CF LIE:;, FOR THE COST OF THE ABATEMENT OF PUBLIC NU:S;uNCE. [N ACCORD;u~CE WIT}{ ORDiNAD;$E 91.47. WHEREAS, as ,~rc'.'~ded in Ordinance ol. -4~, th,? d:rect costs c.~ abatem, nt of certa;n nuisances, ~nc!ud~t:g prescribed admln:stratlve cost ~nrurred t~y the County, shall be assessed against such prope:t':': and WHEREAS, the c,~s' thereof to th3 C,-u:::v as t.' ,'.%,'~ F,~:'ccl shat[ be calculat,-d and reported to the Boart c: County Ccmmlsslcners, toget::er w~th a descr~p,~on of .~a~d parcei~ and WHEREAS, such assessment shall be a legal, '.'al:d and b:nd~ng obligation upon the property against wh:ch made until NCW, THEREF.-,RE. NE iT RESqL','.:X SY THE FLORIDA, that the F:,'~,.-:ty descrlh~d as ~cllrws, and ha'.'::7 been abated ,~ a puui:c nu:sance after due and prope: :,_< ~Te therec: tc the awner following costs of su ;h .~:~atement, ts wlt: Ronald & Nancy Gill 3403 Bayshore Dr Naples, FL 34112 REFERENCE: 70305-264 870870640002 LEGAL DESCRIPTION: South ~ of lot 6 and all of Lot 7, Block D, Rock Creek Terrace, as per plat thereof recorded in Plat Book 1, page 40, of the Public Records of Collier County, Florida. COST $3,500.00 The Clerk o.' ~h-, ~:~ard shail ~'ai! a :;ct:ce c: .]ssessment c.~ l:en tc the owner er o'*'ilers of ~he ]~T'.',~ :- F '1 iD,~J ~IC~:9:'~y, dF,~ l~ S.:{'h -w:>.: ~Ai.P tS pay such law, unless such i::..." ~:, :s st ay.,~ hy th;.' F: ,:: ,; _:. a~.pt~a, c:~ th,~ assel;sment e~ the owne r. Thls R,:scit;: : ::. .~,:;~.t v:~ al:..: ~-~ ~'::. :" ~:1 : ~:.,1 ,;~3,2: ;fy DATED: ATTEST: DWIGHT E. BROCk,', CLEE?' 55 56 APPROVED AS TO .{7 AND LEGAL gUFFiSrE:;CY 59 ', ._ ; 60 ,~¢ ~AViD ~,'E!GEL 61 COL~TY ATTORNEY 62 63 csce ti - FiA.~'i .'F COi~4TY COHMiSS[ONERS '>Li,:E5 COUNTY, FLORIDA PARBA.%A b. BEF. RY. CHAIRYUC¢ BOARD OF COUNTY COM~iSSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Leonard J. Bubri & Nicholas Karalis PO Box 142 Lima, PA 19037-0142 DATE: REFERENCE 70806-022 #5U740520000 LEGAL DESCRiPTiON. Lot 15, Block 283 of Marco Beach Unit Eight, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 63 through 68, of the Public Records of Collier County, Florida. an}', wh}' the e:.:,:>_q;:~..., ,:. : unwarranEed or -:.: '.:.:::;:v. maintained b':' the ~f~ ~:'. : t:;e P~'c~. ~" Appralsc~, are h~:eb':, ad'.'[sed tna~ the Compliance Se:-.-:,~-.~; :'. ~:~, :. ' ;:~: c:. 8/04/97, o~!e: the abatement of a cer[a~n nuisance Prohibited acc~ulaticn of non-protected mowable vegetation in excess of 18" in height in a subdivis=on other than Golden Gate Estates. Weeds over 18" You failed tc atare r;u.'~. :. ,- ~ :" " ...;~cn. ,,'' '.,'al: abated kv the expend=ture of public fur-ds a: ~ ,~:: : $ 45. 't ~:;a adm::.:sr: ,t :...e rcs: c: $200.00 ~or a total of $ 245.00. ........ c....; . ~--.:', lu' . : th~- !~:,~:h of Count v Corem;ss:one,s of Cc' ............... Tcmmisstonerf; EO show cause, ::',' f:t~,':. · .: .-:~ses ~;hrtil,i :lot constitute3 a lien against the · -':~:'::;: ~:e made t,; the Clerk c~ the Board of Count}' ' ''~: :;,: Flc: :An ~4:1~ ;r. wr:z;ng 'wzzhzn theft':' (30) propert':'. Such :.-, :....:: Commissioners 'J.-"?: :v-'~ ::' O[ays f,.-oF,, the d,~:., f ' :. CSce 9- 1'9~ !' (',;Lr:;TT '?C:MMI$SIONERS - 0C7 0 6 ]998 I l0 I1 12 13 Ig 19 20 21 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 45 46 47 5O 51 52 53 54 55 56 57 58 .~!4~: .',~ .... ::': oF I-?D:.:: w': ';,.N?~ ::: NO'&. THERE?C. FLOR[DA, that due and prope: n?:: ' · Cf ,q k; C h .It ,~: NAME: Leonard J Bubri & Nicholas Karalis PO 8ox 142 Lima,PA 19037-0142 LEGAL DESCRIPTION: Lot 15, Block 283 of Marcc Beach Unit Eight. a Subdlvlslon according to the plat thereof, recorded in Plat Book 6, Pages 63 through 68, Of the Public Records of Collier County, Florida. COST $ 245.00 REFERENCE: 57740520000 ~708~6-Ci TL:~. k.. 2 .' DATEL · ATTEST: DWIGHT E APPRCVEL. A,¥ " F'.,kt,' OCT 0 6 1998 BOARD OF COU%4TY CO~ISSIONERS COLLIER COUIqTY, FLORIDA Sunbrella Homes Inc. 9085 Wlntervlew Dr. Naples, FL 34109 LEGAL NOTICE OF ASSESSP~NT OF LIEN DATE: R~ FEP. ENCE 80212-038 #36180480006 Lot 4, Block 158 of Unzt 4, Part 1, Golden Gate, according to the Plat thereof as recorded an Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. 2/12/98, Prohibited accumulation of non-protected mowable vegetatlon in excess of 18" in hezght in a subdivision other than Golden Gate Estates. Weeds over 18". · $ 245.00. · ' ' $200 00 OCT 0 6 1998 7 8 lO 12 13 14 I5 17 19 21 23 24 25 27 28 31 32 33 34 35 36 37 38 z3 a5 ~6 49 5O 51 52 53 WiTIi ; E: :'~;;,:;3E :,:-4 ' per annuw, NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 4, Block 158 of $ 245.00 9085 W~ntervlew Dr. Unit 4. Part 1. Golden Gate, Naples, FL 34109 according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florlda. REFERENCE: 80212-038 #361804800C~ AT?ESi: 54 .fir APPF }'.'E~ AS '7 q7 5*) l '----~' ,~ . , t~ ;' It CCD.%'TY ;,77: ~:;E':' 62 63 rS:'e i i ' OCT 0 6 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~MENT OF LIEN Walter F & Rose ~w~r'le New~an % R New=an 1050 East St Dedham, MA 02026 DATE~ REFERENCE 80309-006 #62413960005 Lot 16, Block 7, NAPLES PARK SUBDIVISION, UNIT NO. i, as recorded 1, Page 106, Pub]lc Records of Collier County, Florida. Plat Book ...... :- : 3/09/98, : : . -.. : : :, :'.. ! : ' : · : : · : · .. Prohibited accumulation of non-protected mowable vegetatlon ~n excess of 18" ~n height ~n a subdivision other than Golden Gate Estates. Weeds over 18" · $ 45.00 · : . :- S200.00 OCT 0 6 998 1 I() 12 15 16 RESOLUTi,.'N :;J. :,ff /. FES:2:,UT:SN OF THE ~CAE:: .:F ,:':'::NT'f CS'H!,':SS: NFR.: :E:'VIBIN3 FOR ASSESSMEN: OF :.:EN, F,R THE C'::': = '7HF ;,:.A:EHENT CF PU~:,iC Ni:IS;C~Ck. iN A'i' RI'AN,'E WiTH Q~OIN~NCE 91-4~ LEGAL DESCRIPTION: COST Walter F & Rose Marie Newman % R Newman 1050 East St Dedha~., ~ 02026 25 "7 29 NkME: 33 37 REFERENCE; 80309-006 ~624!3960005 49 6~-jA'.'iD WEiSEL 6[~ 2D2:TY CSce i i : 5~ Lot 16, Block 7, NAPLES PAP. K SUBDIVISION, t/NIT NO, 1, as recorded In Plat Book 1, Page 106, Public Records of Coll~er County, Florida $245.00 2;:TEL': ATTEST: DWI~H. r. :'r.. r ...... OCT 0 6 1998 BOARD OF COUNTY CO~2~,ISSIONERS COLLIER CO~ITy, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Connie Simon & Marlo Plkul 5352 Truetop~ Dr. Naples, FL 34113 DATE: REFERENCE 80407-011 #62201760006 Lot 24, Block 4, Amended Plat of NAPLES MANOR EXTENSION, according to the plat thereof, recorded In Plat Book 3, Page 101, of the Public Records of Collier County, Florlda. ,i: .'., ~ : ! , :.' : : . . ... : Proh~blted accu~nulat~on of non-protected mowable vegetation In excess of 18" in height In a subdivision other than Golden Gate Weeds over 1~" (2') . : ' : $ 45.00 ,,:. : : $ 245. O0. :,": ' : i ~ :, : OCT 0 G 1998 I 5 ,6 7 g lO 11 13 14 15 17 2O 21 27 28 29 3(I 31 32 33 35 36 37 3S 39 43 44 45 46 47 48 4g 50 51 52 53 54 55 56 57 58 59 61 ,\ ~ESOLD-TION (;F THE BOARD OF COUNTY p:'oper: 5'; N;%ME: Marlo Plkul 5352 Treetops Dr Naples, Fi. 34113 LEGAL DESCRIPTION: Lot 24. Block 4, ~mended Plat of NAPLES MANOR EXTENSION. according to the plat thereof, recorded in Plat Book 3, Page 101, of the PubI~c Records of Collier County. Florida. COST S245,00 REFERENCE: 80407-011 "6220i760006 DATED: ATTEST · DWIGHT E, [~RC'CF, APPROVED AS TO FORM AND LEGAL SUFFi 62 ._ ii, AViD ;~'EiGEL 63 !- COU,~TY ATTCE:;E':' 65 CSce Il ; .',~ BERRY, OCT 0 S ~998 EXECUTIVE S _UMMARY. LIEN I/ESOI.UTIONS _ CODE I';NFORCEMENT CASE NO'S. 70814-003/Vane EST, Irene P Sockalowski % Renetla Spenee. 80115-027/I)anicl von l~abena:i, Trustec/Faicott Communication Corp. Pension Plan & Trus~, 80120- 143/VVillic Nlae l'ostclle c/o (; ,Jean Canty, 80130-09671'homas l) Saylor & Robert A Sayior. OB.IECTIVE Board to accept report and adopt separate Resolutions assessing a lien against thc parcels identified in thc Resolutions in order to recover public funds expended to effect thc abatement ora public nuisances at these locations, all as prc)vided for in Ordinance 91-47. thc Collier County \Veed, Litter and Plant Control Ordinance. CO NS I i) E RA'F10 X' As required by ()rdinance 91-47, a lc'ga/notice O{'aSSCssIllCFIt and cop)' oF the Resolution ,.'.'ill be mailed to thc respective property owners, and the Clerk to thc Board will record thc resolution thirty days after mailing of'the resolution. 80115-027 Daniel '.'onRabcnaa. Trustee Talcott Comn'mnication Corp. Pension Plan & Trust [3'I'D 11130/77 ~illic .Mac l',~stcllc Thomas D Saylor & I<ohc~t/X Say/or 80130-096 ~, m m a D' a. Violatic>n determination {)8/I 5/O7 b. Notice o1' Violation served c. Verification of unabated nuisance d. NLlisancc abated with public funds c. ()",','ncr invoiced lbr costs a. Violation determination b. Notice of Violation sen'ed c. Vcritication of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced lbr costs a. Violation determination 08/23/97 09/16/97 09/24/97 10/03/97 01/14/98 O]/20/98 02/09/98 02/14/98 03/05/98 01 / 16198 b. Notice of Violation served c. Verification of unabated nuisance ct. Nuisance abated with public f'tmcts e. Owner invoiced tbr costs a. Violation determination 02/11/98 O3/06/98 O3/30/98 04/I 0/c)8 01/30/98 b. Notice of Violation served c. Vcrifiealhm oFtmabatcd nuisance ti. Nuisance abated with public Funds c. ()wrier invoiced t't~r costs I)1/22/98 {)2/26/98 03/03/98 03/05/98 IAen Amount 267 245.Oo 245.00 245.00 No. ~ OCT 0 6 1998 p,:. / FISCAL IMPACT :\ totai reimbursement of S 1,002.51) may be anticipated by voluntaD' action or foreclosure. The only cost Io be incurred by the Count.,.' is the cost of recording thc Lien. xxhich is estimated to be approximately $ 28.00. and can be paid from Code Fmforcement accounte 111-138t~11. GROX, VTtt 51ANA(;EMENT IMPACT Not applicable. RECOM N1EN I)A'FION That the Board of County Commissioners adopt the attached Resolutions. PREPAREI) ItY: '..Mh[d;' ileitiS'ma,,, Customer Sca'ice Representative Code Enforcement REVIEWEI) BY: Belanger, Senior Custom~ Service Agent Enforcement REVIE\VEI) IIY: Michelle Ed~vards Arnold, Director Code Enforcement DATE: ~' 17' APPrOVal) BY: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. DATE: CScc 8 - 6'~1 OCT 0 6 1998 BOARD OF COUNTY CO~/~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN I Vane EST. irene P Socka!owsk~ % Renetta Spence P O Box 9821 Naples, FL 34101 DATE: R~FERENCE 70814-003 #64261720000 ' 'k!' I;U!':hEB: LEGAL Lot 18 and the West one-half (Wl/2) of Lot 19, Block E, NORTM NAPLES HIGHLANDS, with all Improvements thereon Including a 40 foot TV tower, gas space heater, hot water heater ar.d electric range. You, as the %'~'.':.':: :' ' : :" c-~:'" nr-'.'~ ~es:rlhea, ~s r~-craec i:. tR~ r~c~:z ~alT.~alr. ec : ', ' .'..' :: - '. f %:.'- ~ ::~_eI't:' ATCraiq~. ~, , are t,~r~h,,'.. _ , advlse~ tr. at the Co::.riiar. 7.. . .:: ". - :: : . : : , ::~.: :. 8/19/97, : :, : ' :., ,:.at(.::,c:.t . : ~ c=,:t ~::. e;':LSL/7. : :-: '' ' .: ' : : : ' ': ~ : : .: :'- : : .. .: ~iT.~. ' ']-'~", ~"':'.'.:.;: ;',Z.t i '-~ %~37. ':'l ;, '.. ' ' ' : ' :: Proh;b;ted accumulat;on of non-protected mow~le vegetation ~n excess of 18" he=ght zn a s~dzv;sZon other %hah Golden Gate Estates. Weeds over 18" (3 ft.) around vacant house. ................ -: :::.:. : '. . : $ 67.50 ~::s aar:7.:: ~ra~:'.'~: '~cs~ ._f $200.00 ~Y,d ~Y,~[ L,~c'''-- - - ' .... ': [ ~"L~ ...... ~' ~'" ~' ~','~ ait~r ~"EL 20ff~iSYl.':.E-rS, t ....::.:-.:.- '-::.%e:, :;a~,.::, Ylu:::a .}4ll/ ::: wrztiL: ~::~;n -~ ...... : ' '.15 5?5~*?F'i',E:',E T - [,,7- '.'?Ii 'LEgF, L- La.F[ .'- .... ::-':' ?Sce ~- OCT 0 8 1998 RESO[,b"TION NC. 98- A RESOLb'iiON OF THE BOARD CF CCL.~'TY COMMISS:Ot,'ERS [~C'.'iC]NG FOR ASSESSMENt ?F LIEN. FOR THE COST OF THE ;~bATKT'~ENT OF PUBLIC NL'iSA.NCE. '~N ACCORDANCE W:TH C RD i NA,NCE ~:~=~,~. as F:z'.'i']~'] 1~ Ordinance 91-~7. the dlrec: costs of abatement :nciud:n~ [res::':Ced ~om:n:strat~'.'e cost ~ncurred by the County, shall be assessed against such prcFertF: WH£REAS. 'he c~st t,;ereof to the County as to each parcel shall be calculated and report-.: tc th*~ B~a:J O~ ,':~llnt':' ['2~U",iSSiOt~!IS. together wxth a descrlptio~ Of saxd parcel; and WHE.~EAS. suz.*~ t.~:;,~.~.;~ent shal] be a ieee', valid and binding obligation upon the a~ai,-,st w~' -~ - ...... n,v ~nt:! F.,:d, and WHEREAS, the assessr~ent shall become due an3 pa'.'akle, th:cry ,3C,, days after the ma~l..,r ..... ~' ~'-'ice cf Ass~s~-~.n' a~'e:' '.'~'-~ ~nterest shall accrue at a :ate cf twelve percent :12 C% annum on an':' ur.~.~;d ps:icc:, thereo[. N~ , .~=m=~m-, ~E iT RESOLVES BY THE BOARD OF CC~:TY COMMiSSiONERS OF COLLIER CO~:TY FLORIDA, that the prDpert}' decorated as follows, and having been abated o~ a publlc nu;sance acta: due and prc~e: n~t:ce the~c~ tc the owner cf said property' ~s hereby assessed the foilowln{ ccst£ of such abatement, tc ~it: LEGAL DESCRIPTION COST 1 6 7 10 11 12 14 16 tg 19 20 21 26 27 28 30 N;~ME: 3[ .~2 Vane EST, Irene P Sockalowski 3~ % Ranatta Spence 34 P O Box 9821 35 Naples, FL 34101 36 37 39 REFERENCE: 40 64261720000 46 50 56 57 ~9 6O 6. C ~ b,'NTY ATTCRf;KY 63 64 CSce i I - ! ,' 95 65 66 70814-003 Lot 18 and the West one-half (~) of Lot 19, Block E, NORTH NAPLES HIGHLANDS, with all improva~ments thereon including a 40 foot TV tower, ga~ ~paca heater, hot water heater and electric range. $267.50 Cf the a~c'.'~ ie~rr:h-,~ ~;: ~.-=rtl,'. an:i ;f such owr,er ~a:~5 ~c pay such assessment w:th~n th.:rty Ot Cclk;t~: Co..:.[j' t% .cc:=' ~t:;le a i:t:, a4a:nst ~:urr: pzz~ert}' according t~ !aw, unless such d~rect:cn :s s[as'e~ b5' tn:n Boar~ upon aFpeal cf the assessment Df the owner. This Ressl.;t :ch ad.~%ed after motion, second and ma]crlty vote. DA/ED ~ ATTES? DWIGHT E. BROCK, ?LER~ BCAR2 CF COL~TY COMMISSIONERS COLLIER CCL~TY, FLORIDA BARBARA B. BERRY. CHAIRMA2q OCT 0 6 ~998 Daniel vonRabenaa, Trustee BOARD OF COUNTY CO.MMISSIONERS COLLIER COUNTY, FLORIDA LEGA/~ ~IOTICE OF ASSESS~IENT OF LIEN DATE: Talcott Couununication Corp. Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. STE. 1865 Chicago, IL 60606 RE FEP, ENCE 80115-027 #48072640007 Lot 70, GULF HARBOR, according to the Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida. Prohlb~ted accumulation of non-protected mow~le vegetation ~n excess of 18" helght in a s~dlvlslon other than Golden Gate Estates. Weeds over 18". p,[,~,: fs:::~ ~:t ; :-: " . ' _:' $ 45.00 5:.:J ~arlr. l~trati','e - s' : $200.00 :'': _% 245.00. F," '', : ~.. : . ; .t.:;. :: t;.- ~:; ::,: ~ f C:'Jr.i':' ':;: :::: :~r,~,:. : , 2-~ ''7~ ~ - .- ~ : : -'~' '..' ' ~.~ ;' ': · J: ::'i ,:~' .-1 s,; '1. ./~-,~-~.,.- · . ~- -' ":' OCT 0 6 1998 lO 20 "l 24 20 30 32 ,3,3 34 40 4{ 42 44 48 40 50 51 52 54 RESOLUTION NO 98- ~ FESOLL"YiON OF THE BOARD OF COUNTY COMMISSIONERS ;~-3','IDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7HF ;,?ATK'.,K~T OF PUBLIC NUiSanCE, IN ACCORDANCE WiTH ORDINANCE 91-47. the ~crect costs of abatement cf certa:n nu:sances ::.curre! t}' the 7punt>'. shai' te assessed agaxnst such ~HEFEA$. '.Y_- ::3' 7-.erecf t~_ the County as 2o each parcel shall be calculated and reported tc t.-.e Bca:J cf ?L',;:.'':' ' ~-'Lss~,nne:s, t D,~ether with a desrr~pt %on ~f said parcel; and WHEREAS. earn asses;merit shall be a legal, valsd and bsnd:ng obligatson upon the property against which ?aJe ~nt~! p%ld~ and WHE~EA£ the assess"ent shai~ ~ecome due ar;J Fa':'akle theft,:' 32', da':'s after the mailing cf ~ctlce Cf Asse~-ent ~f~.c: '*'~lch :nte:'est shal' acr:'ue at a rate cf twelve percent (12.0%' per ::'x THE>E.--~FE FE ~T RESCLVE2' BY THE BCAFi 3F CCU?,:TY COMMiSSiONERS OF COLLIER CCLT:TY FL?.~'-' :hat '? .::-:~'=:'-7 Jesc:':te~ as :cilcws, an~' ,~,a'.'in~ been aDated of a ~uDi:c n&'-san,-e ~f~e: .- .......... tc the cwne: c' sa;~ ~:t~e:t',.', ;s hereb,,,' assessed the fci,ow;r.~ czs',$ N~ME: LEGAL DESCRIPTION: COST Daniel vonR&benae. Trustee Talcott Cou~munlcation Corp., Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. Ste. 1865 Chicago, IL 60606 REFERENCE: #48072640007 80115-027 Lot ~0, GULF FiARBOR, according to th® Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida 245 00 c~ Coil:er Count'..' i - :'.nct:tu~e a i~en agalns% surn F:cFerty according to !aw, unless d:rec~:~n :s sE~':'eh z~.' :Y.,s ~c, ar~ upon aFpea' cf the assessmen~ of t~e owner. Thls Reszl'sc:2r-. ai F'ed after mot:on secsn/ ~nJ ~ajsr:ty vote DATED · ATTEST' DWIGHT E. BRC, TK, iLE~F 57 (DO A.':: 'ESAL 64 65 5CARi 2 F /CL~.JTY --CMMZSSIONER$ JSLLiER CCLD:T':', FLORIDA LARBAR;, [+ BERRY. CHAIRM~N OCT 0 6 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~NT OF LIEN Willie ~ae Postelle c/o G Jean Canty PO Box 962 Immokalee, FL 34143-0962 REFERENCE 80120-143 #25630920001 LEGAL 2ES7Fi?T .... : DATE: Lot 17, Block 8 ~n Carson's Addition as shown by Plat recorded ~n Plat Book 1, Page 33, Publlc Records of Colller County, Florlda. a_.s %.".e '.',.::',:.; : i ' :.. .: r ;..-er-'..' ::_: '.',. -J.3££rl~eC, 05 re?L:rdt~.J :.7, th~ rr' : ..... ..: :'.: .-. :, :. : :. 1/20/98, · 2J _;, F :3'7. : - :: : · .5. :: Prohibited accumulatxon of non-protectmd mow~le vegetation ~n excess of 18" h~gh% ~n a s~d~v~,~on other than Golden Ga~s Estates. Weeds over 18". ;'xz2:~ 5::..:s .::% .: x::- " : s~ :: $ 45.00 a:.~ anr.::-,:s-:a~:':e zest af $200.00 fcr ~ 245 O0 :'x.'.'. :' '.-. : '/ 5.}s . .':::. :f ::.e P ~rx cf C:'un~y ~ '.~'Y.'. il ': ~-2'2:' '.' .: '. ' :: :. ' ......... ', ~ ..... :'l': ';.iS {l,:~:.a:.--. Fr3~peru}' ix:':. :- :~ .- ' : : :..:- ::::. : :: ~::". :e x ~.:.. : % the Clerk c~ 'ne ]k:,Jr~ ~: C97~.25z;z: ers, 5-' :-::.,- :.' '.'7.5e:, :;~,g le:, gl:r:~a }4112 ::. '~'::u::.c: ',<:t:.::. ur.:ruy .}' 'L':.F?', > ,.:,52 iF i' "::l:' :/{:.:XiL', lit:EF:' OCT 0 6 1998 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 RESOLUTION NC. 9.a- .:, 7ES3'i,UTiO:'; OF THE BOA.R2 CF CC'D.~TY COMMISSIONERS 7~R::ViEING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE A3ATE>',ENT CiF PUBLIC ~iS~NCE, IN ACCORD~CE WiTH ORDiN~CE 91-47. WHEREAS, :,s ~: r.'id.,J in Ordinance 91-47, the direct costs of abatement of certain nu:sar, ces. :ncL,;d:n:3 F. re~Tr:b,:'t 4Ar:r~:strative cost ~ncurred by the County, shall be assessed =~a'-s' .... such p:'cpert':'; ar.i WHEREAS, the zost 'hereof to the County as to each parcel shall be calculated and reported 2c the ~oar/ cf itunty 3cmm~ss~cners, together wlth a description of sa~d parcel; and WHEREAS, such assevsr, en~ shall be a legal, valid and b~ndlng obllgatlon upon the property a~a:ns% '.'h:zh r. aie untll paid; and ~nzmx~_ =ne asses~~,ent sha2 become due and payable thirty ,32 days after the ma:i:n.] of Not~ce cf Assess-er.t after wh:ch :nterest shat' accrue at a rate ~f ~wel'.,~ percen~ ,12.2% per annu~ cn an':' ur.~ald ~:r%lCL thereof. ::C',';, THEREFCT[, 5E iT RESOLVED BY T:-{E BOAR-- CF C,2L~TY COMMiSSiONERS CF COLLIER CCLq;T'i, FLORIDA, that tn~ [.:':De:7" descr;heJ as follows, ami ha':~ug been abated cf a sutilc nuisance after due a:lJ p:'u~e:' :-,ut ::'e thereof rT. the owner ~f sa:J property, Is hereby assessed the foilcw~n~ rcs~s :f se::', 3~ ate- ., ~c. NAME: LEGAL DESCRIPTION: COST Willie Mae Postelle c/o G Jean Canty PO Bo~ 962 I~u~okalee, FL 34143-0962 REFERENCE: 80120-143 #25630920001 Lot 17, Block 8 In Carson's Addltlon as shown by Plat recorded in Plat Book 1, Page 33, Public Records of Colller County, Florida. 245.00 7xe Cie:'< 7: Lne ~):a:'5 shall ma:' a not:ce cf assessment of l~en tc the owner o~er~ Cf =he 5k~'.'e uescr:bed ~roperty, and if such owner fa:Is to pa5· such assessment w:t~'-, .......... -~ ....... : _.~ ~a'.'s. r~,r~cf. _ , a certlfled cDpy o~ thLs Res~lutlon shall be recorded ir. t~-., official reccrd£ cf itl'let County, to constltute a lien agalnst such property according law, unless such :Ei:e~t:cr. Is stayed by this Board upcn appeal of %he assessment o~ the owner. .... a~..r mc, ti?n, second and majority vote. DATED: ATTEST ' ~W,,.,n. _. BR?'LK ]i.E~F 55 56 57 APP.RCVEi AS 7~ FiF>~ 58 A~ND LEGAL 59 ,,/ , 62 cou~:rY ATTZRNEY 63 5i'ARi CF' CC'JNTY COMMISSIONERS JC. LLiEF iT, b!;TY, FLCRiDA BARBA~ B. BERRY, C}~iRMA~N OCT 0 6 998 BO;ulD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Thomas D Saylor & Robert A Saylor PO Box 1103 Cape Coral, FL 33910 REFERENCE 80130-096 LEGAL ZESC~:~F?~C::: DATE: #62571280009 t'E:: ::U?..2EE: OCT 0 6 7998 Lot 47 Block 17, Naples Park Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 2, page 107, Public Records of Collier County, Florida. ~=oh~b~ted accumulation of non-gro~ected ~ou~le v~getat~en ~n excess of 18" height in a subd~v~:;~on other than Golden Gate Estates. Weeds over 18". i II 12 13 14 15 16 17 18 19 2O 22 23 25 :6 27 2g 29 30 31 32 34 35 41 5O 51 55 RESOi,:CTION NO. 98- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FF?ViDING FOR ASSESSMENT OF LIEN. FOR THE COST CF ADA'CE'<ENT .DF PUBLIC N~IS~NCE. iN ACCORD,M{CE WiTH ORDiNanCE 91-47. WHEREAt, ,iu .t:: ~...: i..:i ::; C: i:na:,,':e 91-47, the direct costs of abatement of certain ~ISances. i:521';di:'.: r. te~:i:t'l~ed ad~l:~lstrati,,'e COSt incurred by the Comnt'~,. shall be assessor: WHEREAS. :he c:s: 'nereo~ to the Count7 az to each parcel shall be calculated and reporte~ to the Dta:-d u~ Tcunt5' Commissloners. together with a description of said parcel: and WHERE;,S, su:h ~:s~e:sment shall be a legal, valid and binding obligation upon the · trouert':', asa ir. st~ "~',... Tr. ma ie 'ant:' ~a~d; and WHEREAS. :he assessment sha'i kecome due and payable thlrt,:' '30' days after the ...... ' ~ cr As~"ess'?_.nt ~.: ter 'w~.~~., :nterest shal' accrue at a rate of twelve portent FLZR'i.::, %r.~: the ~: ~..:::': heru:'ir~d an f~lls'xs, an3 ha'.':n~ beer. aUa:e~ cf a Fub':: nu:sar, ce after- ~'.:e ar. 5 7:'z~:e: :.:::~e %her-cur :: :kc z'xne:' zf s~:h FrcFer:7. :s herod7 assesse~ :he f oi i c'.': n~ costs NAJqE: Thomas D Saylor & Robert A Saylor PO Box 1103 Cape Coral, FL 33910 LEGAL DESCRIPTION: COST REFERENCE: Lot 47 Block 17, Naples Park Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 2, pagel07, Public Records of Collier County, Florida 245.00 #62571280009 80130-096 owners uf :he abc,':e d:esrrised proper%7, and if suck c~'ner falls tc pa5' surh assessmer;% wlthin theftS. ~3f ~a',:'s befool, a corralled cc~}' of this Resolution shai' be :=cornea off:clal records of 'Tcil:.3:' CountS', ~c constltute a lien agalnst suck ~ropert5. acc3:'dln~ 'aw, unless such dlreutisn is sta':'ed b}' thcs BDard upon appeal of the assessment cf Tnls RqsDi'u~lu:: acl~ted after motion, second and ma]orlty vote. DATED: ATTEST ' BC:AR2: OF COUNTY COMMISSIONER£ CZLLiER CCb?;TY, FLORIDA BAKBAF~ B. BERRY. CHAiRFJ{N OCr 0 6 ]998 EXECUTIVE SUM MARY LIEN I~,I~S()I.UTIONS - CODE ENFORCEMENT CASE NO'S. 70502-089/Klondie Aragon ,.Iosc A Pena, 80310-064, 80310-065 & 80310-066/Bina Properties Corp. OB,IECTIVI,~, Board to accept report and adopt separate P, csolutions assessing a lien against the parcels identified in thc Resolutions in order to recover public tbnds expended to eflbct thc abatement oF a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier Ctmntv Weed, l,ittcr and Plant Control Ordinance. C()NSII)I(RATIf)N As required by ()rthnancc 91-47, a legal notice of assessment and copy of thc P, csolution will bc mailed it* thc respective property owners, and the Clerk to the Board will record thc resolution thirty days after mailing of thc resolution. Case No. 70502-089~ ~0310-064. 80.'i 10-065 & 80310-O66 :cord Case SummaO. Lien Amount ton. Jose :L Violation determination 04/25/97 $ 245.0(J- b. Notice of Violation sen'ed Undeliverable c. Verification of unabated nuisance 06/16/97 d. Nuisance abated with public funds 06/24/97 e. Owner invoiced lbr costs 07/11/97 cs Corp. a. Violatio'n determination f)3/0o/08 b. Notice of Violation sen'ed 06/16/98 c. Vcritication of unabated nuisance 04/20/98 ti. Nuisance abated with public funds 05/I 8/98 c. Owner invoiced lbr costs 05/22/98 Owner of R Klondic .,\ ra3 ..\ Pcna Bina Properties FISCAI~ IMPACT A total rein~bursen~cnt of $ 895.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by thc County is the cost of recording the l,ien, which is estimated to be approximately $ 14.00, and can be paid from Code Fmforccment accom'lt # 111-I' t . (;ROWTI! Y,I:\N.,\(;I':MKNT IMI'Af'T Not applicable. REC()MhlENI)ATI()N That thc P, oard of County (/ommissioncrs adopt thc attached Resolntions. PREPAREI) BY: ' Representative Melody B~ I)A'H'~: c/.. OCT 0 6 1998 pg. / Code Enforcement I~EVIEx. VEi) ,luli'~ llelan~er, Senior (Tus~mer Service A~enl ('o~e l(nforcemcnl RE\'IEXVEI) blichelle Edsvards Arnold, I)irector Code Enforcement I).,VI'I(: ?'/7' PI; I)..\TI(: ('Ncc OCT 0 B 1998 BOARD OF COUNTY CO~MISSIO.~ERS COLLIER CO~q~TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Aragon Jose A Pena 48 M~'ron ST Clifton, NJ 07014 DATE: REFERENCE 70502-089 #62096120000 Lot 12, Block 8 NAPLES MANOR ADDITION, accord~n9 to the Plat thereof, as recorded in Plat Book 3, Pages 67 and 68 lnclusmve, Public Records of Collier County, Florida. Prohlblted accumulation of non-protected mowable vegetatlon In excess of 18" height ~n a subd~vls~on other than Golden Gate Estates. Weeds over 18" (3 ~ ft.). · $45.00 .: : . :: .' $200 O0 S245.00. OCT 0 6 1998 4',) 51 54 q? 60 61 N~E: LEGAL DESCRIPTION COST K[ondie Aragor, Lo~ ~2, Block 8, NAPLES ~OR $245.00 Jone A Pena ~DITION. according to ~he Pla~ 48 Myron St. thereof, as recorded in Plat Book Clifton, NJ 07014 3, Pages 67 and ~8 inclusive, Public Records of Collier County, Florida. REFERENCE: 70502-089 ~62096120000 LATEb: COU,'~T'." ;,T 7:37. r;E':' i COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Bins Properties Corp. 3615 Aqula Dr. Stafford, VA 22554-2704 REFERENCE 80310-064, 80310-065 & 80310-066 i,EGAI. [~]~:~Pli'% :~: DATE: #00265120000 L:~"; ..... ..... .,n~u:., . Tho East one-half (E-'/,) of the Southwest one-quarter (SW-'/,)of the Southwest one-quarter (SW-'/,} of the Northeast one-quarter and the West one-half (W-'/,) of the Southeast one-quarter (SE-'%) of the Southwest one-quarter (SW-'/,} of the Northeast one-quarter {NE'.',) of Section 23, Township 49 South, Range 25 East, all lying and bexng in Collier iounty, Florida. :.'c ',:',:~ ;:,~::,'.,~;;,,,(~ P':' :!;,, c.' : ; ,. (~: : ~,.. .: : ~:,.,:t',u ;q't r,~::,~,r, ,'*:,' ? .:.,: ,-:'.':;:,,- : :'..~' t!,. :'':': '.'.~:',,'t' :'.,:'.':,',,~ ".~:.,::, : , ~:: I (,:', 3/11/98, ::~!..: . '.'t, ~ :c,~, .......... ~ ', : : .- I-: :~:..1:, .' r,,._.~ · :,, :'.'if, I ~, : ',' '~.,':,' .: ~. ',', . ..... Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Dead tree lambs & branches, boards, cardboard boxes, paper, plastic, alumlntLtr, etc. ":'::'~": ::: ;:" ; : F- ;! 1: ' f~:n::~: .:' ,~ c!::,. '~ .... : ' t $ 450.00 : ::':: ::' : ,' :'... ' : ' : $ 200.00 :-: .: ' ' : : $ 650.00. " '.,, 1998 l 2 3 4 7 11 12 13 17 It) 2l 22 23 25 2'; 31 34 35 37 ~5 51 52 53 5-~ 55 NA/~E: LEGAL DESCRIPTION: B~na Propert:es Corp The East one-half (E-',) of 3615 A~]~a Dr. the Southwest one-quarter Stafford. VA 22554-2704 ($W-'.,)o£ tke Southwest one-~aarter (SW-',) of the Northeast one-quarter (NE-',) and the West one-half of the Southeast one-quarter (SE-',) cf the Southwest one- ~uarter(SW-'.,) of the Northeast one- ~aarter (NE'.,) of Sectlon 23. Townsh:p 49 So::th. Range 25 East all i%'in~ and belng ;m Coil%er County glcrlda REFERENCE: 80310-064, 80310-065 & 80310-066 #00265120000 CO$? S~50.C2 2 ATEi: OCT 0 6 1998 EXECUTIVE SUMMARY AUTIIORIZATION 'FO AWARD BID # 98-2841 "SttEI,I,ABARGER PARK INFRASTRUCI'URE IMPROVEMENI'S" AND AUTIIOR. IZE STAFF TO INITIATE AN AGREEMENT WlTll DENCO CONSTRUCTION, IN(.'. OF MYERS, FI.ORII)A FOR THE CONSTRUCTION OF THE 1997 CDB(; NEIGltBORllOOD REVITAIAZATION PROJECT KNOWN AS TIlE SHELLABARGER INFRASTRUCTURE IMPROVEMENT PROJECT, LOCATED IN IMMOKALEE, FI,ORID/% O~.;.' To recommend to thc Board of County Commissioners, Ibr their consideration and approval, the award of Bid # 98-2841 "Shellabargcr Park Infrastn,cturc Improvements and to authorize staff'to contract with DENCO Construction, Inc., a licensed and bonded construction company of Ft. Myers, Florida, tbr thc purpose of constructing an asphalt concrete street, upgrading existing sewer lines, installing storm water swales, addin¢ a new sanitary sewer pump station, providing sanitary service connections for all properties, vacating cxisting septic systems of 64 propemcs anit hooking those properties up to thc new sanitary scxvcr pipes for a sub-division known as Shcllabargcr Park. located in h'nmokalce, Florida. This project is being funded by it i~)97 CDBG Neighborhood Rcvilali×ation Grant provided by thc Florida l.)cpamncnt c,'f Community A fti~irs. CONSIDERATIONS: In 1996 an application was made to the Department of Community Affairs tbr the improvement of thc street and infrastructure of a dcvclo[m~cnt known as Shcllabargcr Park, located in Immokalcc. Florida. Engineering plans. specifications and bid documents ,,,.'crc completed and an advertisement for bids was made on July 30. 19')8. Bids were opened on September 9, 1998. DENCO ('onstruclion. Inc. ,,*,'as the apparent low bidder with a total construction price of $593,837.30, and with attcmate bids ot'$28.936 for a 5' wide asphalt concrete sidewalk, and $24,414.75 for a 4' wide asphalt concret,.' sidewalk. After review of the bid documents by our Purchasing Departnlcnt, Wilkison and Associates (our consulting engineering finn), completed a review of DENCO Construction's references and bid labulatior~. No discrepancies in thc bid labulalitm wcrc found, and thc rclbrcncc rcx'icxv did not lurn up any inadcquacits ~,l'thc COill[~all}'. With IRis Ill mind, Wilkison [llld ,,Xssociiltcs Is recommending that Illc }~oard ol'('ounty Comnlissioncrs award l~itl il 98-2841 to I)ENGO Constm~ction. Inc. of Ft. Myers, Florida. GROWTtl MANA(;EMENT YMPACT; None. FISCAl. IMPACT: This contract has been budgeted tbr in fund 121 (('I)Bt; BI Grants). Thc total amount fi,ndcd by the CDBG Grant is S750,000. Less adminis ($54,000) and engineering ($92,000} costs, the total amount avnilablc for construe i'ation T 0 6 1998 S604,000. An adthtional $23,000 has hccn budgctcd for sidewalks in linc item 121- 138755-76504-0{)t,O. RECOMMENDAIJ ONS: 1) That thc itoard of County ('ommissioncrs award Bid It 98-2841 "Shcllahargcr Park Infrastructure Improvcmcnts" to DENCO Construction, Inc. of Ft. Mycrs. Florida and authori;,.c staff to initiatc a contract For thc construction of thc 1997 CDBG Neighborhood Revitalization Project. SUBMI'I'I'IiI) RF.\q EWF. I) BY: APPROVF~I) A 't *.. ,,,.,- OCT 0 6 1998 Pa. ~ EXECUTIVE SI~Y REQUEST TO APPROVE FOR RECORDING THE FINA/, PLAT OF QUAIL WEST PHASE III, UNIT 1 A.ND APPROVAL THE PERFOR/W2tNCE SECURITY OBJECTIVE: To approve for recording the final plat of Quail West Phase III Unit 1. ' CONSIDERATIONS: The Board of County Commissioners on September 1, 1998 approved the final plat of Quail West Phase III, Unit 1 with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is listed below. The project cost is $716,750.00, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $788,425.00. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138909 Development Services Revenue generated by this project: Total: $13,600.27 Fees are based on ,~ construct/on estimate of $716,750.00 and were paid in July, 1998 and are reflected in the Executive Summary of September 1, !998. OCT 0 6 1998 Pg. { Execut lye Summary Quail West Phase iii, Unit ! Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Quail West Phase III, Unit 1', with the following stipulations: 1) Accept the Construction, Maintenance and Escrow Agreement as secur:ty to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Quail West Phase III, Unit 1" 3) 4) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements i~ave received preliminary acceptance. PREPARED B':': : ._~.. \. ~R Ct , John R. Houidsworth, Senior Engineer bate Encineerinc Review REVIEWED BY: T~oma~' E. K.~c~, P.E. Engi~.eering Rev:ew Manager Rob~/t Mulhere, AiCP Pl~nnin~ Services Department Director 9in~ent A. Cautero,~iz~"~,-~dministrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH:ew d- Date Da~e Date OCT 0 6 ]998 LOCATION MAP C()NSTRI.'CTION. .XlAINTENANCE AND ESCROW AGREE.~IENT Ff)R St'BDIVISION I*IPROVEMENTS IQI'AI1.. WEST. PHASE II1. t~'IT ONE) .// day of ~~-. 199S. by illtO XVESI'. I.'I'D. u [:lor~da l~mitcd partnership {hereinafter "Dc('elopcr-)~THE t'O['NTY { '()NINIISSIONERN OF CO[,LIER CO[:NTY. FLORIDA. (hercinaltcr "The Board"~ and ..XN1$()['T}t BANK ~hcrcinaftcr "Escrow Agent RE(_'ITALS' .-\. Devehlpcr has. simultaneously with the delivery of this ..\greemcr~t. applied for thc appro,, al l',x the Boa:'d ora certain plat of :.1 subdivision to be knov. n as Qua~l \\'cst. Ph:.lsc Ill. ['nit One B. Thc ',uhdi: l,i,m will include certain irnprovenlents which arc required bt t't~lllc,' ('tRI[ltN t~rtJill31iCC5. :15 5C[ forth m a site constructx)n cost estimate ("Estimatc"~ prepared Dx Nhmtc> & .-Xs,~,c~zttcs. Inc.. a copy ~t' which i5 attached hereto and incorporated hereto as Exh~t,~r I For pti:po,c> t,I th~, -Xgrccmcnt. thc "Required Improvements" are limited tt~ those described ('. Scct~uns 3.2.6.5.o and 2 29.1 of the ('oilier County Subdi:'isitm ('ode I)i,.lsl,m of thc t'niIi::d I.and I)c: clopmcnt ('tide requires the Developer to provide appropriate guarantee5 D I)cvch?cr has heretofore deposited with Escrov, Agent. funds in such amount Iledcsbarv [t~ COllSti"'ddl and malntain the Required Improvements. [iscrov, Agent has agreed with Developer to disburse the deposited funds tile c~,:,t:., el constructing auld maintainin,.z the Required Improvements ~the "Disbursement .-\,.:reemerlt ", F. [.)ex ci,,[,cr and the Board have acknov, ledgcd that the amount De', eloper ~s required lo uuarantcc pursuar~I u, this Agreement ~s $788.425.(K). and this amount represents I lOq o~ the [)ex tit,ocr',, cnu~nct.'r', t.'stirllale el tilt..' construction costs for the Required h'nprovcrncnls. NOXV. TIIERI.FORE. in consideration of the foregoing premises and mutual covenant5 her~:inaftcr set forth. I)cvulopcr. the Board and the Escrow Agent do hereby covenant and agree a.', I'olIo~.,. s' 1. l')=..xult~pcr ,,,,'ill cause thc water, sewer, roads, drainage and like l'acililic:,, thc Required lmpro',un:cnt,,, to t~c constructed pursuant to specifications that have been approved bx :he l)c',cl,~pmcnt Scr', hzc~, l)irechlr ',', ~th~r'l thirty-six ~361 months fronl Iht date ,It appro',ai ,,; -a;d 2. I)c"~ciopcr hereby authc, r~zes F. scrow Agent to Ilold 5788.425.00 in e,,cr~,v,. ['~ur,,u:trlt lo lilt..' t,:rFl;'~ of this ..\gtco'lilt'lit 3 li:,cr~n.x ..\gcnl a,.2rcc:, to hold ~n cscroxk S788.425.O0 from thc deposited Iund, described above, to I~c disbursed onl? pursuant to this ..\grecmcnt. 4. Thc c' crowed I'uIlds .',hall bc released to tile Developer onl'~ upon v, rmen appr,i,, :d ,il thc Dc\ clopmcnt 5crx'~ccs Director who shall approve thc release of iht fund.,, mi dcpo~,~t nut [l'l['~rc Ih3[1 t~nr...'c 3. fIB. Illin tit the [)cvcloper. in aIllounts duc for w(~rk done h, date based ~m thc pcrccntaL.:'c Ctql!plctlO:l t)[' thc \\ {}l'k nlultiplicd b\' tile respccti\ c \\'ork costs less ten percent ~11 ~", Jlld further, that up~m c~m'~plction uf flit \york. thc Dck'c-lc~pment Ser\'lco; Dirc,.'tl,r ',hall appr,,'. :.. :he rclca>c (ii an,, rc~nalndcr ol cscrox,.ed funds except to the extent oI S71.075 0(}. \\h~ch -h.~l; 1Iliil1II111Ill ['wrl,,~.l ~i t~llC ~II \c:trs ptlrsuant to Paragraph 111 of the ,.'~rCClllCil[ t{,-.~u,.cr. ~n Ibc v',enr that [)cxcltipcr qlall fail hi compl.,. \\'ith thc rcqu~rcmcr~t, ,,I lh~, .-Xcrccmcn:. then thc l!~crox~ AEclI[ a~rccs lo pay to thc County immediately upon demand thc balance ol thc funds held in c~crmv by d~c Escrow Agent. as of tile date of th ~ demand, pros Mcd that upon payment uI ~uch Ntlancc to the ('ounty. the County will have executed and delivered to thc E~croxx ..Xccm ~n exchange for such funds a statement h) be signed bx thc I)cvclopmcnt Scrx ~ccs Dircctr,r [o tile ct'feet that: Dc\ch~pcr for nw, rc than sixty 160) da,.'.,; after \\'ritten notiI'icat~on lailurc has lailcd to conlply with thc requirements of this agree-merit: Thc ('ountv. ~)r its authorized agent, will complete thc \\ork called f~,r under thc terms oI thc above-mentioned contrac~ or xv~ll complete such portiun of such work as thc County. in its sole discretion shall dccm necessary in thc public interest h) the extent of thc funds then held ~n Thc cscro\\ tend,, dra\\n dox\'n b\ the ('oun[\' shall hc used for construction t~l' ~}10 Required Improvements. engineering, legal and contmgcnt costs and expenses, and t{)ot'tkct any damages, either direct or consequential, xx h~ch thc ('oulltv lllav sustain on account of the thilurc of tile Developer tt~ carry out alld execute thc above-nl~nti()~led development work: and File ('ountv '.viii promptly repay to tile Escroxv .Agent an.,, pt~rtion of thc funds drawn dov. n and not expended itl cmnnletion_ Of thc said develonmcnt '.vt~rk. 1998 \\'r~ttca not,cc to the [:~scroxv ..\gent b~ thc ('ounty specifvinu bz pa~d ~.~ '~hc l)c'~cbQcr ~hall con~t~lule aulhor~zallon by Iht ('ountv rclca,v t': :he ~pcc~ficd lUnd~ Io thc [)cvclopcr. Payment bx Iht [~scroxx Agent Io ltlc [)cxclopcr ~,,nb~m~c .: tclc:~c t~,, thc (',mmv and Dex'clopcr of the Escrow Agent for the funds disbursed accord;ln~v ',~ I[ll I?ic [~'[tL'l' (~t ~l'dlh()rlZEll~On lroll~ thc I'hc N. vquircd hnprm.'crr~cnts shall not be considered complete urml a statement tq' >ub~.t:mt~::~ ~,,mpizt~o:~ bx l.)c,.cloper's cngmccr along with the final project records have bccn furrushcd :,, bc re,. It",,. cd and approvc'd by thc l)cvch',prncnt Services Director fc, r compliance \\ tth the ('~,ll~cr ('~,untx .";ubdv,'ision Regulations. - Fhc [)~.",clopmcnt Services Director quill. `.xithin s~xtx ((~()) daxs of receipt ~,I thc <tatcmcn: ,,: ,ub,tan::,;I completion, either' 'a~ not~fx thc Dc~clopcr ~n writing tu' his prclimlnar5 appro', ,:1 c,: ;he m?rt,x cmcnts' or b~ notit'v the Dc\eloper in xt riting of his rcmsal to apprm c the .,~ ..... ,Nzrc'.,. ~t;n ~pecifving those conditions which Iht I)cvclupcr lllUSl tull'ill in urdcr l[llpro', ......... ' . , ~,b~a~;l ~'.L..~:,prota~ ~,~ thc Required lmnprovemcnl~ l l(~'.vcvcr, ill nocvmlt xllall Ibc %ZFx ~CV- I)::'cch~r rc:u'c pFclimmaFv approvam ,~f thc m~prmemen~s if they arc in t'ac~ Jnd ~ubm::~cd l~,r :~pp:'~ al ~n accoFdancc ~x i~l~ ~he requirements of this Agreement. $ .¼i~t,tikl ibc fund:, held ~n cscro,.,, bc insufficiem to o,m'~plcte thc Rcquir,..'d Impt,,',cr:::...t,. thc lh,.~rd. ~ftcr dui',, considcrin~ the public interest, nlav at its ~pt~on conlph:lc thc Rcqu~.'d Im[',rt~,. c:i~Cl`tt.,, ai`td resort to alw alld all Ic~al remedies against the De\eloper. Nc',tt2tz2,.2' ili ti'tis .-\gtc=merit snail make tnt E~,cro`.x .-',,gent liable tot ailv fund:, \,thor \fl:lit I)1~5:..' pt.:iced ill ,Jcpt~,,il b\I tho Dc\eloper in accordance ,.,.'itl~ thc fl~regoing pr,,,. Idc,._t. :Il.It thc l%crow :\gent docs ilo\ release an\ menlo5 to the Developer or lo anv other pcr:,on cxc?: a, ,~:ttcd ~n lhis Escrow .-\greelllei'lt. 'r'hc I)cvclopcr shall m:urua~n all Required Improvements for \mc year after prclim~nar', approxal b~ thc De\chapmen\ Services Dlrcctor. After the one year maintenance period by ~hc lJcvcloper and upon submission of a written request lbr inspection, fl~e Development Services Director shall inspect the Required hnprovcments and. if found It) be still in compliance with thc Code as relict\cd by final approval by the Board. the Escrow Agent's responsibilitx to the Board under this Aercement is terminated. Thc Developer's responsibility for maintenance Of lilt Required Impn,vcmcnts shall continue unless or until tile Board accepts maintenance respons:bll:tv l~r and ky thc County t I .-\11 of thc terms, cc, venants and conditions herein contained are and shall be bindinc upoll [nc r;.'-PCC[l". C $,tlCCC,:.$ors and assigns of thc Dc',,leloper, and Escrow Agent. OCT 0 6 1998 IN \VITNES5 \V[IEREOF. the Board and ~he Developer have caus~'d lhis Agrcemcnl tlc executed bv d~cir duly auflmrizcd representatives this ..../! day of _.~ 1998,. Quail \Vest. Ltd.. a Flc, rida limited partnership Bx" 75 North Joint Venture. a Florida general partnership, as its Authorized ..\ gent.'Attorney-in-Fact { Corporate Scall [:tx': SLIt of Naples. Inc.. a Florida Corporation. as its General Parmcr Printed or I'.xpcd Nan:c Printed or Typed Nam:: Sandra L. Hesse. its President ,/ AmSouth Bank,," / -' ' t., .~", "../ / Thomas FF'n'lay. \'ice Pr?,~;3ent Printed or T.,.pcd Nam.: ATTEST: D\VIGttT F.. [3R()£'K ('I.ERK Deputy Clerk Approved a: It/ fi~rm and legal sufficiencv: BO.-kRD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FLORIDA Chairman OCT 0 6 1998 - ?a_:e ' of 2 QUAIL WEST, PHASE !11, UNIT ONE OPINION OF PROBABLE CONSTRUCT:ON HMAFileNo. 1991027A COST '*' WA TER DIS TRIB UTION S YS TEM **' Description g' Water L',am CL 1.59 8" Water IMam CL 20,9 ',2" Water Main CL 169 ', 2" Water M, ain CL 2,2)0 8~ Gate Valve and Valve Box 12" Gate Valve and Valve Box Fi;e HyCrant Assem:)Iv A~; Reiease Va!va (Wa:e-) '!.2 Con3u~ts C~,!cr~na:e &Tes: Tem:. Ga2 Co.'-?es:;o.~ an: Mete; Total Water Distribution System '" SEWA GE COL L EC TION S YS TEM Description 8" Graw:y Sewer 0'-6' De2th ~" Grawty Sewe; 6'-8' De2t~ 8" Gravity Sewer 8'-10' De:lh 8" Gravi,'y Sewer 10'. 12' Depth Sanita~ Manhole 0-6' Depth Sani~a,')., Manhole 6'-8' Der)tn Sanitary Manhole 8'-10' De;:)th Sanita~, Manhole 10'-12' Deat,~ Sewer Cieanou:s 6" Sanita,"'y Sewer La:era',s Televise Sani:a~, Se~,'er Televise Sani:a~, Sewe; ','after 1 y- ] Pump Station Pump Station Blasting 6" Force Ivlain 4" Force Mare 4" Plug Valve Total Sewage Collection System s lg~1~.gi02%o2cc0629.x!s Unit LF LF LF LF EA EA EA EA LF EA Unit LF LF LF LF EA EA EA LF LF LF EA EA LF LF EA Quantity 2,485 136 136 115 4 1 7 1 2 6OO 1 1 Unit Price $14.00 $16.00 S21.00 $23.00 $75O.00 $1,150.00 Sl .800.00 51,200.00 S950.00 S4 O0 ~ ,250 1,500 Quantity Unit Price 904 S15.00 753 $20.00 546 $30.00 493 $4000 3 $1,250.00 3 $1,500.00 2 $1,9000O 3 $2,250.00 17 $85.00 395 $12.00 2696 Sl .00 2696 $1.00 2 $60,000.00 2 $3.0oo.00 120 S11.00 1.718 S9.00 s8oc oo OCT 0 6 1998 Tot~ S34,790.0( $2,176.0( $2,856.0C 52,645.0C $3,000.0( S 1, ~ 50.0C S12,600.0C $1.200.0C 51.900 0C $2,400.0C $1,250,00 S 1.500.00 $67 Total S13,550.00 S15,060.00 S16,380.00 S19,720.00 S3,750 O0 $4.500.00 S3,800.00 $6,750.00 S1,4-45.00 $,4.740.00 $2.696.00 S2.69600 5120.000.00 S6.000.00 $1,32O.OO $15,462.0, S238,679.00 Page 2 o! 2 QUAIL WEST, PHASE I!1, UNIT ONE OPINION OF PROBABLE CONSTRUCTION COST HMAFile No. 1991027A *** DRAINAGE*** Description Unit Quantity Unit Price 15" RCP 15" PVC 12" x 18" RCP 18" RCP 18" PVC 24" RCP 24" PVC 15" Miterec End Rin-Ra:, 18" Miterec End 24" t,.4~ered End RiD-Rap J'unction Box Catch Basra Type "A" Catch Basra Ty~e "B" Swale Total Drainage LF 72 $18.00 LF 262 $18.00 LF 24 S20.00 LF 24 $20.00 LF 234 $20.00 LF 43 $26.00 LF 429 $35.00 EA 1 S350.00 EA 1 S400.00 ~ I S450.00 EA 1 52,000.00 EA 8 51,500,00 EA 3 Sl ,40000 LF 230 S3.50 PAVING AND GRADING'** Description Unit Quantity Unit Price 9 Button Reflectors (3.:se:) Tra~c Signs Blue Reflectors Road Fili Street Lights Sod (1 ~. back of curD) Seed ant L'lulch Remove ex:stmg cut-ce-sac i" Asphal: Pawng 12" Concrete Header Paver Block 6" Limerock Base 12" Stabilized Subgrade Type "A" Curb 5" Concrete Sidewalk Otal Paving and Grading GRAND TOTAL s: 1991\9102T,o;:)cc0629.x s EA 2 Si00.00 EA 2 $110.00 ~ 7 S6.00 CY 7,500 $3.00 EA 12 $2,000.00 LF 5,950 $0.30 AC 2 Sl,500.00 LS LS S5,000.00 SY 692 $2.25 LF 4.~ $25.00 SF 64,655 $3.00 SY 7,900 $4.75 SY 9,600 $2.20 LF 5,950 $5.20 LF 3,020 $6.50 AG E~D~M/ Tot~ 51,296.0( 54.716.0( $480.0C $48O0( 54,680.0( Sl ,118.0C S15,015.0( 5350.0( $400.0( S450.0( S2,000.0r, S12,000.0( S.,4.200.0( $805.O( S47,990.0( Tot; S200,0( S220.0( $42.0( S22,500,0( $24,000.0( $1,785.0( S3,000.0( $5,000.0( 51,557.0( $1,100.0( $193,995.0( $37,525.0( 521,120.0~ 530,940.0( S 19,630 5362.614.0( $716,750,0( [.2.X~.2 S UMM ARX AUTItORIZATION FOR STAFF' TO INITIATE AN INFORMAL CItAI.LEN(;E TO l'}lE L'.S. CENSUS BUREAU'S POPUI,ATION PROJECTIONS FOR 1996. _O~ To have thc Board of County Commissioners approve a challenge to thc U.S. CcnsusBurcau'spopulationprojcclion for 1996. The purposc of this challcngc is to prove that thc 1996 and 1997 population projections for Collier CounLv arc too Iow and that tile population currently exceeds 200.000. CONSIDER..\TIONS: Earlier this >'ear staffsubmiucd an application to thc Department of Housing and Urban Development (}iUD) for thc purpose of being designated as a recipient of Entitlement Commurfity Development Block Grant (CDBG) funds. Inordcr For Collier ('ountv to receive these hinds, several tasks must be accomplished. First. thc County must prove that its current population projection is above thc HUD thrcshc, ld of 200.c){)(L Once this i~ accomplished. ('oilier County will receive thc FIUD classilication status of"L'rban ('oumv." Currcnl L'S. Census Bureau's projections show that ('oilier County's population is !95.73l. Becauseofthis. HUDv. ill not allow us lo continue to apply ['or Urban County status. Ho~;cvcr. thc Florida Burcau ol'Economic and Business Research (BEBR) shov. s that Collicr Countv's population is approximately 213.000. Staffbclievcsthat BEBR's numbers ;,re more consistent with tile unusual high growth rate that has been occumng in ('oilier ('ournx dur~nu thc last lix'c years. Il'('oilier ('ountv doc~ not offer a challenge to these numbers currenlly, thc County mav not be able lo appl) Ii,r CDBG Entitlement funds for three more >'ears. In addition. Collier County xk ill hax e to compete in the Small Cities CDBG grant program through thcDcpannlcntof('o:nmunitvAfhirs. In this program t60 FIoridaconlmunitics compete xxith each other for a fixed amotlgt of funding made available through out thc Sta~e. Collier ('et, htr will utilize t,.vo phases in establishing whether or not its population for 1997 is equal to or .L'rcater than 200.0(10. Phase one ,,,,'ill be an infomml chailcr~ue to the U.S. Census Bureau's 1906 estimated population For Collier County. This pha~ ,,','ill utilize several diFl'ercnt methodologms l i.e., Sub-county Tax Returns. Ratio-Share Technique ami Trend Extrapolation) Io show whether or not the Census Bureau's estimated population count for Collier County in 19% {188.820) v. as less dmn tile actual population. This v, ill t,e based upon existing data collection from various Cotmtv departments and rclcv'.nt agencies. This will be the basis for the County's suppc~silion that thc 1997 populalit,n count should be at or greater thal 200.000. Phase two will also utilize one or nmrc of~hc Census Bureau's accepted methodologies to estilnate the [I 9? population Thc Coun'v will review existing data (i.e.. utility hookups, buildingpcm'nts ' " ' OCT 0 6 1998 · --..L%_: ../ and real property tax data on residents) to forecast whether or not the Count> 's 1997 population is 200.000 or greater. GROWTH MANAGE~IENT IMPACT: None. FISCAL IMPACT: This challenge, ifsuccessful, could impact lhe CDBG Block Grant Fund (121'1 by approximately S1 million each of the next three (3) years. RECOMMENDATIONS: That the Board of County Commissioners authorize staff to initiate an Infom'ml Challenge to thc U.S. Census Bureau's population pro.jections for 1996. in order that Collier county can prove that its 1997 population and current population exceed the 200,000 threshold. ()ncc Collier Count,.' establishes lhal it meets this criterion, it will be enabled ~o receive CI)BG funds as an Urban ~h'. PREPARED BY: L~ '>":- '.:)("~/'JZ-'~'~ Da~e: , Donald'R. Blalock, Jr.. M~ger',' ttousi'ng and Urban l~rovement REVIEWED BY: Greg M~aSlc. D~rector Date: lt,>usipg~d Urban lmprove~ APPROX'Er~ I35': -- ~ lc'X ' ' '' ." * .. ' ,.. .tralor ('~,mmumtv Deve]opmenl & Environmental Services OCT 0 6 1998 3.301 Ea.~t Ta~nia.mi TrN; · Ne4:~e$, FIc~tda 3,4112-4977 (941} 774.8097 · Fax {941) 774-3602 October 6, 1998 Mr. William R. Schooling Chief, Population Estimate Branch Bureau of the Census Washington, DC 20233-0001 ATTN: Population Estimates Branch RE: Notice of Informal Challenge Dear Mr. Batutius, This letter is ohqcial notice from the Collier County Board of County Commissioners that we are hereby filing an informal challenge to the 1996 census population estimate for Collier County. Please contact Donald R. Blalock, Jr., Housing and Urban Improvement Manager, at (941) 403-2339 if you wish to discuss the issue. Sincerely, Barbara B. Berry, Chairman Collier County Commissioners BB,/db OCT 0 ¢ 1998 EXECUTIVE SUM.XlARY TIlE BOARD OF ('OUNTY COMMISSIONERS AI'PROVAI, OF :\N A¢;REE.~IENT WITH 2'lie ECON()MIC DEVEI,OPMENT COt;N('il. OF COI,I.IER COUNTY. INC. (EDC) TO EXECUTE ('ONTINU..\TION OF TIlE E('ONO31I(' DIVERSIFi('ATION PROGRAM; AND i'ROVIi)E A CONTRII~UTI()N T()TIlE El)(' OF t'l' TO $250,000 FOR FISCAl, YEAR 1998-99. OBJECTIVE: Approval by the Board ol'('ounly (-'ommtssmncrs or' an .0\grccmcnt aufl~ot'~/mg payments to thc t(c('monuc l)cvclopmcnt ('ounc;I ol'('olllcr (.'trent,,'. Inc. (I..I)(') to execute thc continuation of thc F. cor. omic D~x'¢rsificatlon Program bcgmrung 1(! 1;tbs. CONSIDERATIONS: ()n Scptcmbcr 23. IO0,q. thc B-ard ~1'( 'otmlv ('omml,,,umcr, 'adopted thc [:~scal Year 1998-90 budget co:31~numg thc public ]wlx':dc p:u'tncrsJUl~ bclxx cch thc ( OLUllX alld Ibc J'.J )( '. klloXx ti as the P, conom~c I)~vcrg~i'lcatmn Program. 'Ibc }~l'o~ralll xk ~15 cslabJlshCd lo II1CFca,c ~ C;IF r'tqlnd hl~h County. FISCAl. IMPACT: l-hcl:conotmcl)cvclopmcnt('ounc~ltscommlttcdlop;'ox~dmg525~.~}~asthc prix'ate seclor paruc~pat~on m lhe Program. Thc approprmtc 5313.500 to thc Program whtch ~s included m thc [:¥ 19t18-99 ]lousing and t 'than lmprovcmcnl [)cparltllcul'* budget request. ['p Io 525f}.IIfHI o}' lilt ('OtllllV'5 ;ipl~rl~pllatl~ql xx ~11 he conlnbuted lo thc ltD(' un a rcm~bursemenl bas~s beginning l II ] 9N. a5 prcscrtbcd ~n l}lt' attached Agreement bctxt cch thc t'ounlv anti Ibc RE('O:~ ! .~ ! E N I).-\TI ( ) N.S: l'hat lh¢ ('ountv antl It~.,J I.l I ):.11 C [)atc I )ale OCT 0 6 998 A(;RI I ~II \'1 ~\ll\l ssi Ill \\t {I R[ .\'- to mUqcmcnt tllis gnal Iht Slalc I c:'ldalurc has adoptc,t ,"~ t ,I[ItlCN. \\ 111 I,:l ..tx ti~t.. } 1)(' pcrfol'ms man,. bu,.mc ,- di~ cr',ll'lkilltt~ll attltltlCS ',',hlch .lit.' I1*'I I~rl,,tmcd actounl;::,.! ,,! Ibc t', ,.'mt~lurc of public fund,,, c,,Iw~.la]P., !,,, .~ mm-pllbllc :u.._'t'nc.~ such \\ Ill iii "" F,,.*r',u,mt h~ Iht' J'Jo!ltt,i Jtl,l:l..Iil.tl l),",t,,,pnlcn: J m,mtm:' .\,.l I',,r~ Il ,,t 4 i~,q,tct OCT 0 6 1998 ..\R Iii '1 I i l'h,.' ('ounl',, J',crcb'.. ~r,mls l,.', thc ltl)(, ul', I<; ~.":~(I.<ll)ll Illl fol Iii,.' IClHI ol Ibc ..\~i,.'cmcuI I,.~r I1',.' KIX.":., bu','mo.', i!i,,,~,,~l'lcalirm and d,.",,,.'h~plll'.'Ill lllll'l'J~l L'lL'li ,i', I\~ICC il 'I1101~IJlL il~ ¢\pCllhCh ,JIC ;ICi'l'llt'lt itllLi ilI',OICCX ;.ltL' received. COIIIIllL'I',L'III'.-' iltill'~tll,l!l',_,lJi\ IL'ITIIIII,II'J Ill IlO C','t.'lll ,':.Jl3JJ IJlc ilIllC, IIlI! Of }~ }(I.t1(111 ,.]llrill'...'. lilt Icrm Iii,.' I l)t q~,l!;. ,,,.llhul ],,11 d,l',,~ I'~ll,.,'.~llm ih,.' IX" i~-IU~,:llJll.', iIl'.,I,IJJ!ll,.'l;l. I1,' J"'.' II1~.'I!'~'.-'1-~! ,! it:. 9'~ II/Olllh } ~. ,..'Ifil', Ibc ;u'mmni ~!' I:l';~.' lc, l l'und'- I',;~ ;d"l~' ,.turm~ Ih,.' pcl'ldill~ J IlllllxJl 1}1,. I lUllll~. ,',,iJllllfll~ll3h~l ',', lib ,I ~.Jll.lll,..'[J? II,III,III~C J',l,,{,....'l',.'xx ICp',HI ,,~1~ Ii;'.' p,,?.il:, ,l'411'-. Il{',.". d.",,, t ll".'il lil '4,~111~11~;11', Jtl, l,,.l~',.'l ,lll,~,.Jl~i Jl,.'l'.'l,~ ,ix J \blt'Il "'\" N,'~I,..}I I,.T,,,,II- ',~ ill Ih,.' 'Ylmutn,,i~ tiu,.l):'.'! ;tll;lch,,.'d hcr,..'l,., ,l~ J ×lubd ".\" OCT 0 6 1998 Pf~ -: ,..3 ._ ['w n l,h ,u~ ,'.m',u,tl report of exp,,u'.~ ]lure', ~q t ol,'nt\ fund', Ill such Iorm ;l', thc ('h.'rk ti! Cotu't~, v, ti', ii1\¢I~1o1\ ro.'l~rd b,. tile I!D(' and h;',enlot~ed al lem, l ;mnuall', l;p,m thc ,,'xpuamm of lb0 useful pcl~,Ol~;ll pr,',pcrl? ct',',er,.Z,.J b', l}'tiq par;l?aph ~tlch po]i¢.X shalJ llallie (,'l,}hel ('or{lit',. ;v', a lost, p.l.x ec t~lth respect to the Jos~ o[ county purchased propcrt\ I lletcrmolthisA'.'l¢¢menlshallbc forapcriodofonc( )yearloi',c~m('lctohcr I tJt)~andcnd on .'xcptenlJ'er ~[ . i099, IIlIIeSS carhcr tcrnlinated itl accordaucc ,,,,'its p;uagraph 2 beh~ } IlJlt'l p;!ll.', Ilia', lerlllllli, lle this .,\,'le',.'lllelll UpOll oile hUll,,Jred el?hi.', ( 1 ~ill the olhcl td Il,, IlllClrlloll I0 Icrnlm;ih: Ill ttlc cvenl of~crmm;dum, d~c (',rani\ ',tht]l [:,1\ lllell[', Ill;tale Il" IbC Board m excess of the services anti cells recurred b~ the t d,ltc o1' lcrll,illatlon, lilt ELY,' shall rclnll lo Ibc ('OUIll.', all of 5, tlcJl excess working tlllder the ,,NgreclllC/ll on thc ddlc. alld to Ibc eXtCltl spccll~cd, ltl Iht tlollcc Icl rll I lldlCd all orders aBtJ htlbcollllaCiS [o the c\lcill thai Ihe'. rehde lt~ pcrlormance of h was tcrnlillated Prepare all neccssar? repoas alld dt)cUll~ellD, required of Ibc ler~ns id' the ,,\.~l'gCllll.'lll up Ih,' dale of termmai~tm, incltldin~ Ibc 15hal report duc al Ibc end of Ibc program, if ',l I}i~ '\'.'lt.'t'lllkli', ,l' II~ ,, ,,Ii,l; ',i [', I]l~' I OllI~l\ }lllt~,L',.'[ I'l,'. t A}.~ I It Il ~ ,,\ Lilt' i';arlu..'x dt.'cllr llic .,.,cr~, itch h, I'lc rclldcrcd b? lilt' }l )(' for lilt' ('otllll? utl,},.'t Ihls ..\ I iw i II' ',!~.i',[ l~,,[ ',.'lth.'l t:;tsl :]~l:,'L'ltt','t:{', ',A llh ',ub,..,m:l.u.',,,rm h,T an\ ,.d {IlLl \',,~Ik ~.~Hl{:.'l]][':.l{',,.~, h, '~: .:u.{ .'.".:it' .: .Il[ LilY:Itt',, [!W ~i~i:iV ,J:.' '.il l[':.'~] h,,.'rcl[1 Ihc I I),, ,::'to.... I,, ,.,,:tx'!', ,.: Iff: ~:1l ;Ippl:,,fl:l:.' ,.,iT:.'[\ l.:x,., ,~,!::.l:hU r ;~:' rC'.'t:l,:{:,:ll' S::I,,:,,:~d ,tr:i ,.:.'.: . :,{,; ,: ,:ri:, ['kll'lL, ;lUl!U~rlT', ill, ; IfiL' thc llun,.]~, pre:\ l,.IoJ IEi thc } [)i. lllldL'l till'. ,'\~IO..'lllL'II{ llh,.' ] ])l xlhi][ tJl,,Jl', I',cr'..ou dt:J\ illlJh{i[l/I..'L] ['~'. I!lq L OliTTt\ sit;ill h~T',c full m,',.:css [TilL; tits' rl}'hl h, rcc0lds dL:rill~ lhc tc;lnl L)J'thc .'\~.:r,...'ClllClll ~Ji'l(J up [0 :I]:L'~.' (.~t)"..',ii',, shall stlbRIJl :TfllILI,TI I'CJ'IOFIs P3 Ibc ('t',LllIl.~. Itl J-OFlll illluJ STIbSIJI1L'L' ,I, ' ' , .... ~ ~,li!, , , ' , · ,,' r; \ ,,, ,~l::,' : ,. ', Ill.l: .\II Ii,,1,~ L'. t~' ].IJl,..':J Ill tills OCT 0 G 1998 I IBC. { t) Iix plIrI'w,~C t',\ IJ1,2 J½l%ild liJ'(_'OUtll.\ ('C, I111111S'M'311Cl~, lurlhct.mcc hc~c~q, linc J'.I~'(' ccrt~I'~c~, Ihlll Ih. ll~, ai'l'ihdtc~,..,,uppJicrs. SLIt~'J~HIIr;tCT,~T'- ;ImJ con',uJtat,,~ '.\ h,, v, ~Jj per i,,~r[11 HL'IL'ti[1L',C[. hJk'J tl'.~l J;c'...'tl placed on thc COtl',.'lCJCd \cndor Jl>.i Ih, n,,:[:,:~'.r,.',;~::~,tl", I 5,287 13; OCT 0 6 1998 tL~rhar,~ I~u'rr',. Ch,urpet,~'n ('~ ~NY~I '1 .TAN ~1 L'olhcr ['OIIIll.',. liP,.' B? I [)C J½o;trd Oil)ilk'CI°I~ OCT 0 6 1998 OCT 0 6 1998 I.iX E(~[.,I'I V~i S t:?,INI..\RY i{ECON1511,]N I):\'I'I{)N T() ..k PPROVI,: EXCAVATION PER311'F NO. 59.648--- "WINCIIESTER I,:\KE COMMERCIAl, EXCAX'ATION" I,OCA'FED IN SECTION 16, TO\VNSIIIP 48 SO! Tll, RANGE 28 EAST, BOUNDED ON TIIE NORTII BY I.,.\ND ZONED "ESTATES", ()N TIlE EAST fly I,AND ZONED "..\{';RICUI,TURAI,", ()N TIIE SOL'Tll IIY ('.R. 858 ..\Nl) I...\Nl) ZONED "ESTATES", AND ON ]'lie \VEST BY Tile FAK..\ I'NI()N ('ANAl, .,\NI) I..-\ND ZONED "ESTAI'ES" O B,J E rTl V l.l: '¥o issue :m cxca\'at~o~ pcrmit to .qouthen'~ Sand and Stone l~',r thc project known as "\Vinchcstcr Lake k'ommcrcial [{xci. t',. :.llltMl" ill accordance with thc C'ountv Ordinance No. ~ ~ 'x .... 9.-/.. Division x q C'O NS! I) E RAT1 ()NS: -l'h¢ i"¢titioncr !'~ropos..'s to excavate a (~04.75 ncrc lake on O54.12 acres of ;turicuttur;tilx /c, nctt ProI'~crly..,\l~ cst:~nntcd J~).()(){).(~O{) ('.Y. of material will bc rcmox'cd and hauled o1~' site oxcr thc next .;(} xc;lrN . J}lc k'XC:lx,lttoll IllilV eventually bc conterminous with thc cxtsttng canal. 'l'hc SI:WXID has t:IS('..\I. I.XlI'.\('T: Thc {.'t',llllllkiIlllL [)C\ Ci,'l[-qllk. i1t Fund ( 113'} would rccci\'c thc folloxvii~,_, F'cc lncolnc: .'\pptica;iol~ I"cc Fcc 300¢).00 Impact Fcc [)istrh:t {) 1338~ tioldcn tSatc [:.states \\'ouJd rccci\'c thc Follov,'ing Fcc Income: ['~oad Impact I:c,: 560,000 (approx. - in phascs} I..\ }:',.-'rl'orn~:mcc }:/crud in thc an'~otlnt ot'$5¢)0. )I)O ,,,,'ill also be rcqutrcd.~ (;14OXVTII NI..\N..\(;EXlI.~NT 13IPACT: None I/ECONISIEND.-kTION: That thc itom'd ,,t' ('otliltv {,.'OlllllliSSIOIleI'S ;.Ip[~ro\'c th,,2 ~ssuancc of [!×c,:lv;.ltlotl [~cr'lllit No. 5'1.{54S Io .%c, ulhcn~ Sa~d a~d hit',il.: for thc prelect knov.'r~ as "\\'inchcstcr Ix,kc ('ommcrc~nl t!xcitx'al~ot'F' x,. ith thc I. I'hc t:.'xc:t',,ttioll shall bc limited lo a bertram clc\'atlon of 25 {~ct hclo\v cx~sting grntlc :md shall }',c IlO s}~allower than 1{) {'cot below existing grade. ()IT.site rclnOk'al o1' Itaatcr~al shall bc sul',jcct tc, standard 'l'r:tnsportatiol~ [)¢partr't~cr~t (attached ]. OCT 0 6 1998 : No bia:~t~n,..: v. ~ii be pen'niucd uniess issued a separale pcrn'm bv Collicr Count,,' Enulnecnn,.:' l:' x c~c',at~cm ~ to be rcnlovcd as a result, of the excavauon, a separal¢ ','egetation Removal Pcm~: Ipcr ~,'oilicr County l..and Dcv¢lopmcn! ('ode. Division 9) shall be oNa~ned from ('oilier t'~,tmt'. Development Sc~'ices Depanmem betbre comrnencing work. PREI'ARED BY STAN CtlRZ.-\NO\VSKI. P.E. SENIOR ENGINEER DATE REVIE\VED BY: THO.~IAS E. ENGINEERIN¢; REvIE\V~IANAGER I~OBE'RT J .~1 fi.HERE. AICP DATE DATE PLANNING SKRVICES DEPARTSIE~T DIRECTOR VINCENT A. ('At'TERO. AD~IlNIST~ATOR DATE ('OXlXlt'NI'FY I)EX'. .XND ENVIRON~IENTAI. SX'(TS. AGE' OgT ]998 ('OI.LIER COUNTY TRANSPORTATION SERVICES "STAND.A. RD CONDITIONS" EX('.XX'..VFION PEtL',,IIT ..\PPLICATIONS INVOI.VING OFF-SITE RE.~IO\'.&I. OF .~IATERIAL 7he ~::tcnt of these 'Standard ('q)nd~t~ons' are to provide excavation pcmu! applicants a summm' of cond`~ttons ~h~ci~ :~.:av affect their pro)ects and x',hlch shouid be taken ~nto consideration dur~n~ all ::a~es ol projcc'~ de~elopmem: ~{aui routes betv.'een an excavauon site a~nd an artenai road shall be private with property owncnsl approval or be a public collector road built to standards applicable to handle thc resulung ::'uck traffic. ".\'here res,dermal &'cas l¥ont collector roads, appropr,,te turn lanes. buffer and, bikepath shall be featured as minimal site improvements and if recommended for · pprovai shall be so w~th the condition that ~he Transr~onation Sec'ices .4. dm~n~stratton ~'ese,'-ves :i:;.: r~'=:ht to susnend or prohibit o:'f-s~te removal of excavated material should su,:n rcmox':li .....,~ , ...... ~. a h~ardous road condition or substant~allv deteriorate a road condition: such act~orq :~' .... '-' Fransponat~on Ser',.'~ces .-X. dmm~strat~on shall be subiect to appeal belbre =ne Board of (~t"'.lll[V t'OrllrlllSSlOrlerS. }!at:! routes .~t~liz.~ng public roads shall be subiect to road maintenance and road repatr or an , ~.~ share bv thc pcrm~ttee ~n accordance with Excavation Ordinance No. O1-IO2~ appropr:nr~: , ~ as amcmicd !)tx 3.5 and Right-oI'-V','av Ordinance No. 93-6.4. (7)t't'-s~tc .-e:::o,,'al of excavated maternal shall be subiect to Ordinance No. 92-22 (Road Impact tsrd~:~:mcc~ ..X traffic and road :maact analysis shall be made by the Countx to dctcmn~nc :i'.c effects lhat o:':'-sHc rcmoxai of excavated material xx~il have on thc ~oad sx'stcrl; xx~rh~n the cxcavauon Droicct's zone o;' inlluencc. !F appropriate, road impact Fees ~n .~ccordancc v. ~th ()rd)nancc No ')'-~' shaii be prod prior to thc ~ssuancc of Jill cxca','at~on Thc 'I'rans.t'onat)on Scr'v~ccs Administration reser'ves the right to establish emergency :,. e~ht limits on public roadwavs affected by the off-site removal of excavated material: procedure ~br establishment of weight l:mits shall be the presentation of an applicable rcsoiut~on >ti'ore the Board of Count,.'Comm~ss~oners. Should weight limits be instituted. :he perm;tree shall bc responsible to ~mpicment measures to assure that all heavv track ioadlnus ica\ inu thc permit's property' confor-m to the applicable ,.,.'eight restriction. Thc [!.xca,,'at~c,F~ Performance tSuarantee shall apply to excavation operations mhd also the maintenance rcpmr of public roads in accordance with current ordinances and applicable [')c,'-m,, i t slIV'tli:.:tlons EXltIBIT "B" Page One of T,.,. o OCT 0 6 1998 ',':la, sc~ on so:i honnc mlbrma~lon per Ordinance No. 91-102 as amended, a blasting permit :~:aF ;'~ appropriate. Should a blast~n~ pe~t application be submmed and should resldem~al ar2as exls~ xv~thln one mile of t~e excavation site. the C'oumv reset'es the n~ht to ~ienv a blasung pem~:t based on concerns tbr olT-site impacts from blastin~ at an excavation s~te. ~houlc a blasting pe~;t be considered ~d approved, the minimum conditions of appre~ al ~n addition to conditions per Ordin~ce No. 91-102 as amended are as follows: Strx~cturc l:',x cmor-v momtonng and applicable property owner release as ret:tared by the D~:velo?mem Scr'v~ces Director. Secur:~v bond applicable to private property damage acceptable to the Count,.'. Contr,~i of s:ze depth number of charues r)er blast by the Development Ser'x'~ces Direc:c,r. - :!:.: Cotmtv to suspend and or revoke blasting perm~ amhonv,· should it that blast]ntt act~x'~ttes are creatin~ unacceptable olT-site conditions o:' private prope~.,.' damage ancL'or related physical elTecls of blasting: x.'o c×cavat~on permit shall be Issued until receipt of a release from the Transportation Ser"','~ces .Administration applicable to proper mitigation of off-site impacts, meetin< of applicab c prov~sions of Ordinance No. 03-64. Ordinance No. 92-22. and Ordinance No. 91-1~2 as amended. Re!'erence to icttcr o:' :' "4 SS Revised ! I'~ t)S Paue Two of Two EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat cf "The Preserve at the Shores at Berkshlre Lakes" a subdivision of lands located in Section 32, Township 49 South, Range 26 East, Tollier County, Florida. CONSIDERATION: Engineerlng Revlew Section has completed the review cf '-he construc~icn Jraw~ngs, specifications, and final plat of "The Preserve au ~he Shores at Berkshire Lakes" These documents are zn compliance w~th ~he County Land Development Code and Florlda State Statute No. '77. All fees have been ~aid. It is ~he intent of the developer ~o record the plat prior ~o construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Eevelopment Code Div:sion 3.2.9. Engineering Review Section recommends that the final plat of "The Preserve at the Shores at Berkshire Lakes" be approved for recording. FISCAL IMPACT: '7he fiscal impact to the County ~s as follows. '"ii~ ©ro~ct cost ~s c230 647 00 ~'estlmated) to be !;orne b}' the developer. cost breakdown is as follows: ~) Water & Sewer b) Drainage, Paving, Grading - $186,722.00 - $161,647.00 The Security amount, equal to 110% of the ~ncompleted improvements, and 10% of the ~:ompieted improvements ~s $158,567.78 ...e County will realize revenues as follows: Fund: Community Development Fund 113 ;,cency: County Manager Cost Center: 138900 Development Services Revenue generated by this pr¢,lect: Total: S3348.81 Fees are based on a construction estim~ $230, 647 . 00 and were Na~d in September, 19' ~te of ,7.0CT 1998 __'3, ! __ ~ ~"~""~ ~.- ~he Shores au L~erksi~lre Lakes Pace 2 The breakdown is as follows: a) Plat Review Fee ($425.00) $425.00 b) ~) Paving .... ading (1.275% const. ~_~st.) GROWTH MANAGEMENT IMPACT: Construction Drawin~ Review Fee Water & Sewer (.50% const, est.) $345.00 Drainage, Paving, Grading (.d25% const, est.)- $687.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) $933.61 Drainage, $958.20 The Concurrencv Waiver and Release relating to conditional approval has been reviewed and approved b'; the County Attorney's Office for ~he ~ro]ect. ' RECOMMENDATION: That the Board cf County Commissioners approve the Final Plat of "The Preserve ~t the Shores at Berkshire Lkaes" with the ~, ~iOwi~g SEiD~il~ions: Acceot the -~onstruction, Maintenance and Escrow Agreement as security '_,o guarantee completion of the subdivision improvement s. At~t i:or:::,? ' ?,e recording of the Final Plat of "The Preserve at the Authorize the Chairman -o execute the attached construction and maintenance agreement. That ::o ~'ertificates of Occupancy be granted until the requ:rec :m~rovemen~s have received preliminary acceptance. OCT 1998 Executive Summary The Preserve at Berkshire Pines Page~ ~ John R. Houldsworth, Senior 'Enclneer Engineering Review Date REVIEWED BY: Thoma~ E. Kuck, P.E. Eng±neering Review Manager Robert Mulhere, AiCP PlanMing Services Demartment Director Vincent A. 'Cautero, AI~CP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Date OCT 06 1998 : 0 8ARB~A ~0 - [ OCT o ~~ CONSTRUCTION. MAINTF. NANCI_~ .,\ND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS. Tills CONSTRUCTION. MAINTENANCE AND ESCRO\V SUBDIVISION IMPROVEMENTS AGREEMENT entered into this 1998 by COAST COMMUNITIES CORPORATION AGREEMENT FOR day of description of entiD' (hereinafter "Developer"), COUNTY, FLORIDA, ENDER ). the BOARD OF COUNTY COMMISSIONERS OF COLLIER (hereinafter the "Board") and AMSOUTH BANK (hereinafter Developer has, simultaneously v.'ith the delivery of this Agreement. received approval by the Board of a certain subdivision to be known as: TIlE PRESERVE AT TIlE StlORES AT BERKSHIRE LAKES B. The subdivision will include certain improvements which are required by Collier County ordinances, ms set forth in a site construction cost estimate ("Estimate") prepared bv McAnly Engineering & Design, Inc., a copy of which is attached hereto and incorporated herein as Exhibit I. For pu¢oses of this Agreement. the "P, equired Improvements" are limited to those described in thc Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of thc Collier County Subdivision Code Division of the I,and Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated JMgZg_4, as modified by Modification Agreement dated 9/4/97, (the "Construction Loan") to fund the cost of the required Improvements. OCT o e, 1998 l)evcit>per and the Board have acknowledged that the amount Developer is required tt~ guarantee pursuant to this Agreement is $158,567.78 and this amount represent 110% of tile estimate of the l)eveloper's engineer's estimate of the construction costs for the Required Improvements. NOW. 'DtEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth. Developer, the Board and the Lender do hereby covenant and agree ~ follows: 1. Developer '.viii cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within tbur (4) months from thc date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $158,567.78 from the Construction Loan, in escrow, pursuant to the terms of this Agreement 3. I.ender agrees to hold in escrow $158,567.78, from the Construction Loan to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction koan fund. but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director upon completion who shall approve tile release ot' the funds on deposit not more than once a month to the Developer, in amounts due Ibr work done to date based on the pcrccntagc completion of tile work multiplied by the respective work costs less ten (10%) and t\mher, that upon completion of the work, the Development sec'ices Director shall approve the release o1' any remainder of escrowed /\rods except to the extent of $43.217.99 which shall remain i. escrow as a Developer guaranty of maintenance of the Required Improvements for a mininmm peried of one (1) >'ear pursuant to Paragraph I0 of the A~reement. AG E NDA J :.,,C~M~ ~ /~ However. in the event that I)eveloper shall fail to comply with the requircmc ars oT' ~/' OCT o 1998 Lender agrees to pa.',' to thc County imnmdiat¢ly upon demand the balance of the funds held in escrow bv the l.cndcr, as of the date of thc cicmand, provided that upon payment of such balance to thc County. the Cmmtv will have executed and delivered to thc l,ender in exchange tbr such funds a statement to bc signed by thc Development Services Director to the effect that: {a) Developer lbr more than sixty (60) days after xwitten notification of such lhilure has failed to comply with the requirements of this Agreement: ['b) the County, or its authorized agent, will complete the work called for under the terms of the above mentioned contract or ,,','ill complete such portion of such work as the Count)'. in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow: (c) the escrow funds drawn dorm by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset an,,' damages, either direct or consequential, xvhich the County ma,,' sustain on account of the failure of the l)exeloper to carry out and execute the above-mentioned development work: and Id) the County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. \Vritten ~otice to the lender by the County specifying what amounts are to be paid to the Developer shall constitute amhorization by the County to the Lender Ibr release of the specified funds to the Developer. Payment bv the Lender to the Developer of the mnounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the l,ender lbr the funds disbursed in accordance with the letter of authorization from thc County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been lhrnished to be re,,'ic~ed and approved by the Development Services Director for compliance with the Collier County Subdivision regulations.. OCT o~ 1998 7. The Development Services Director shall, within sixth (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. ttowever, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements. the Board, after duly considering the public interest, may at its option complete th..e Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision: provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escro~v Agreement. 10. The Developer shall maintain all Required Improvements for one >'ear after preliminary, approval by the Development Services Director. After the one .,,'ear maintenance period by the Developer and upon submission of a v, xitten request for inspection, the Development services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as retlected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of thc required Improvements shall continue unless or until the Board accepts mai'ntfihance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. prsrvcmcagrcc 4 AGENO ~°' ~! 0 OCT 998 IN WITNESS WHEREOF, the Board. the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this 2'day of~ SIGNED, SEALED AND DELIVERED ~ THE PRESENCE OF: Printed or Typed Name Li. sa F. I Printed or Typed Name Printed or Typed Nam6 ~A~A~A FIF. Nr,4gT'Q~_ Printe'e'e'e--'d 5r TYped NamE-' COAST COMMUNITIES CORP. William T/Hiv ~s Presid~ AMSOUTH~'KfqK. /~, By: Qice-President ATTEST: DWIGItT E. BROCK CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal s~ency: Collier County Attorney By: (Chairman) p.'srvcmcagre¢ 5 OCT 06 1998 EXECUTIVE SUMMARY AUTIIORIZE TIlE CilAIRMAN TO ACCEPT THE RECYCLING & EDUCATION, WASTE TIRE, AND lATTER CONTROL AND PREVENTION GRANT AGREEMENTS AND AUTllORIZE TIlE SOl,Il) WASTE DIRECTOR TO SIGN TilE A(;REEMENTS. OBJECTIVE: To have thc Board of County Commissioners authorize the Chairman tO accept the Recycling & Education, Waste Tire, and Litter Control and Prevention grant agreements and authorize the Solid Waste Director to sign the agreements. CONSIDERATION: The Solid Waste Management Act of 1988 mandates that each County reduce its waste stream by 30 percent through recycling by the end ot' 1994. For the past ten years the Florida Department of Environmental Protection has made these reimbursement grants available to aid in recycling, recycling education and waste tire removal~ Additionally, in 1993 the Florida legislature adopted a statewide 50% litter and marine debris reduction goal that was to be reached by January 1997. The State ot' Florida has developed a grant program providing money to establish litter prevention programs which is uow in its fiRh year. The Recycling & Education Grant award totals $110,675.00 Allowable expenditure of funds is ik~r plam~ing and implementation of recycling and educational projects for residents, businesses, schools and county entities. Tile categories are salary, promotion, education, remittance to tile City of Naples portion, and the purchase of'recycling products. The Waste 'Fire Grant award totals $109,113.00. Funds will be used to pay for proper disposal of' illegally dumped tires collected by state and county government agencies, as well as for the purchase of equipment to collect illegally disposed tires and other mosquito breeding waste, promotion of proper disposal of'used tires and for the purchase of recycled tire products. The Litter Control and Prevention Grant award totals $26, 316.00. Funds will be used to support Keep Collier Beautiful, a chapter in the Keep America Beauti£ul system. ~Grant applications, agreements and submittals for reimbursement will be signed by the Solid Waste l)ircc~or, the authorized representative. FISCAL I M PA CT: $110.675 to Fund: Cost Center: $109,113 to Fund: - Cost Center: $ 26,316 to Fund: Cost Center: Recycling (472) Recycling & Education (173422) Recycling (472) Waste Tire Grant (173423) Recycling (472) Litter Control & Prevention Grant (173426) GROWTH MANAGEMENT IMP/~CT: Consistent with plan. RECOMMENDA'IION: That the Board of County Commissioners authorize the Chairman to accept the 1998/99 Recycling & Education, Waste Tire, and Litter Control and Prevention Grant agreements and authorize the Solid Waste Director to sign the agreements. SUBMITTED BY: _ I~v~ W. Russell, Director. Solid Waste Management Department APPROV'ED BY: ~~ Ed Ilschner Pubhc Works Administrator Date: PUBLIC WORKS DIVISION .o. /~, [{)o) 0 CT 0 ~ 1998 LAw, on Chiles Governor Department of Environmental Protection Twin Towers Ofllce Building 2600 Blair Stone Ro~d Tall-~h.~ssee. Florida 32399-2400 RECYCLING & EDUCATION GRJ%NT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATL'TES PART ! - GRA~T NOTIFICATION INFORMATION 1. Grant Number: 3. Grant Title: 4. Grant Period: 5. Grant ~mount: Base Portion: Incentive Portion: Total Grant P~99-09 2. Date of Award: July !, SOLID WASTE RECYCLING A2~D EDTICATION GRA/TT October 1, 1998 - September 30, 1999 $ 110,675 Recvc!inq and Education $ 27,816 .~ e2,859 $110,675 10. 11. Grantee(s): COLLIER COUNTY Address: 3201 Tami~mi Trail Eas~ Naples, Florida, 34112 Federal Employer Identification Number: Authorized Representative: Name: David W. Russell Title: Sclid Waste Director Phone: 941-774-8097 Con~act Person: Name: Address: 59-600055R Jcan B. Mayer Recycling Coordinator 3201Tamiami Trail Sas%, Health/Comm. Serv. B!d~.H Naples, F~orida, 34112 Phone: 941-732-2508 V,rl,n,a B.W~ther~ll Secreury Total populaticn of Grantee(s) from official April 1, i~7, Pcpulation Es%imates: 200,024 Issuing Office: Flcrida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "Pr~:~ C~nse~e~nd M~no~eFiondo'sEnvironmen:~nd PART II - GRANT CONDITIONS GENERAL CONDITIONS: The method of payment, for the period October l, 199B through September 30, 1999, will be on a reimbursement basis only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall .. ,, be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre audit and post audit review. 3. Grant funds may be expended through September 30, 1999. A final reimbursement request must be submitted no later than October 1999. Reimbursement requests must be signed by the designated Au:hori:ed Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified cf the new representative by resolution or minutes cf a commission meeting. Expenditures shall be limited to allowable items as !i£:e/ in Section 62-71~.4~0 of the Sc!id Waste Grants Program Rule: (a) (b) Solid waste recycling grants shall be used tc pro-;ids funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the Department. Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the success of the recycling prcgr~r., and shall show how the subsidy will benefit the program. (c) Rec}'cling grant funds shall be used for projects ts ass!~% local governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and and in ccmposting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies ~o assess the feasibility and success of the recycling and education programs. (e) All existing public and private recycling infrasuruc:ure shall be fully used to the extent possible when planning and implementing the local government recycling programs. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrate: cannot be integrated into that such existing programs planned recycling program. j n I. '°.---.'/' =.. 10. tl. 12. 13. 14. Each recipient of grant funds shall maintain accurate records cf all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept fcra period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and comp!ets the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. Allowable costs may be charged to this agreement beginning either October 1, 1998, or the date this agreement is fully executed, whichever date is later. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (A128). Any subgrants ma~e by the grantee shall also include a provision for the sukqranted funds to be included in the subgrantee's Annual Single Audit. A copy of all Single Audits shall be submitted to the Department cf Environmental Protection, Solid Waste Section, by March 31st cf each year. The Department has the right to terminate a Grant award and demand refund cf Grant funds for non-compliance with the terms cf the award or the Solid Waste Grants Pro,ram Rule 62-716. Surk acti:n may also result in the Department declaring the loc'! qc'gerr~.en~ ineligible for further participation in the program until the local government complies with the terms of the grant a~ard. Grantee shall obtain all necessary construction-related ~ermita before initiating construction. The State of F!crida's performance and obligation to pay un,er this grant agreement is contingent upon receipt, of funds ~.e_=~..~:-- =-o-~- anticipated from the Florida Department of Revenue. Travel expenses incurred are included in the amount cf this Grant and no additicna! travel expenses will be authorized. Any requests for reimbursement cf travel expenses must be sukmitteh in accordance with Section 112.061, Florida Statutes. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access tc all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or recei'ged by the grantee in conjunction with this grant. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. Gran: ~ RE~9-09 OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department cf Environmental Protection, hereby offers assistance to the local government(s) of Collier County, and the cities of Naples and Everglades for all allowable cost5 incurred up to and not exceeding $110,675. Grant Application dated 06/08/98, included herein by reference. · -THE STATE OF FLORIDA BY THE DEPART}tENT OF ENVIRONMENTAL PROTECTION: John M. Ruddell, Director Division of Waste Management Date In accepting this award and any payments made pursuant thereat, (1) the undersigned represents that he is duly authorized to act on keha!f cf the recipient county, and (2) the recipient agrees to the general and special conditions. BY ~ND ON BEHALF OF T.~ DESIGNATED R~CIPIENT COUNTY: f~ Signature of Authorized Representative David W. Russell Solid Waste Director Da'.e ~P!ease return to: Department of Enviror~ental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 22399-2400 Department of Environmental Protection I ~wton Chiles Governor Twin Towers Office Buildin~ 2600 Blair Stone Road Tallahassee, Florida 32399-2,100 Vir~nu B Wetherell Secreu~y WASTE ~I]~E G~ FOR STATE ASSISTANCE URDER SECTION 403,?095, }'LORIDA ST3%TUTES PART I - GRANT NOTIFICATION 2NFORMATION 1. Grant Number: 3. Grant Title: 4. Grant Period: ..5.. Grant Amount: ~99-11 2. Date of Award: WASTE TIRE SOLID WASTE GRART October l, 1998 - September 30, 1999 $109,113 July 1, !998 Grantee(s): COLLIER COUNTY Address: 3301 Tamiami Trail East Naples, Florida, 34112 Federal Employer Identification Number: Authorized Representative: 59-6000558 Name: Title: David W. Russell Solid Waste Director Phone: 941-774-8097 9. Contact Person: N a/n, e: Address: Jcan B. Mayer 3301 T~mi~mi Trail East Naples, Florida, 34112 Phone: 941-732-2508 Total populaticn of Grantee(s) from official April 1, 1997, Population Estimates: 200,024 11. Issuing Office: Florida Department of Environmental Protec=icn Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 PART II - GRANT CONDITIONS GENERJtL CONDITIONS: The method of payment, for the period October 1, 1998 through September 30, 1999, will be on a reimbursement basis only. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. Grant funds may be expended through September 30, 1999. A final reimbursement request must be submitted no later than October 21, 1999. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. Expenditures shall be limited to allowable items as listed in Section f2-715.620 of the Solid Waste Grants Program Rule: (a) Construct or operate, or contract for the construc:icn or operation of, a waste tire processing facili~.., and equipment purchases therefore; ' (b) Contract for a waste tire processing facility service within cr outside the county or state; (c) Remove or contract for the removal of waste tires from the county, region, or state; (d) Perform or contract for the performance of research designed to facilitate waste tire recycling and to operate waste tire recycling and waste tire education programs. (e) Establish waste tire collection centers at solid waste disposal facilities cr waste tire processing facilities; (f) Provide incentives for establishing or expanding privately cperated waste tire collection centers for the public; (g) In addition to the use specified in paragraph (c}, aba=e and provide mosquito control relating to waste tire sites, cr other tire piles, and other waste debris sites in the county identified by local mosquito control agencies as mosquito breeding areas; (h) Perform, or contract for the performance of, enforcement and prevention activities to prevent the illegal transportation and disposal of waste tires and other solid waste; (i) Purchase materials and product, made from waste tires tha= are collected and recycled within this state; (J) Counties with populations less than 100,000 may use waste tire grants for any purpose related to solid waste management. 6. Up to five percent of a county's grant for fiscal year 1998-99 may '~ .... be used for administrative costs and planning or research studies to assess the feasibility of eligible projects within a county, or to assess the feasibility of establishing a regional waste tire program. Each recipient of grant funds shall maintain accurate records cf all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 8o Allowable costs may be charged to this agreement beginning either October !, 1998, or the date this agreement is fully executed, whichever date is later. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (A128). ~ny subgr~n:s made by the gran~ee shall also include a provision for the subgrantsd funds to be included in the subgrantee'e Annual Single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 3!st cf each year. 10. The Department has the right to terminate a grant award and demand refund of granu funds for non-compliance with the terms cf the award or the Solid Waste Grants Program Rule 62-716. Such ac:ion may also result in the Department declaring the local goverr_~en= ineligible for further participation in the program until the local governm, ent complies with the terms of the grant award. 11. Grantee shall cb:sin all necessary construction-related pe.--mits before initiating construction. 12. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 13. Travel expenses incurred are included in the ~oun: cf this grant and no additional travel expenses will be authorized. ~ty requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. The Department reserves the right to unilaterally cancel this contract for refusal by the gran~ee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chap%er 119, Florida Statutes, and made or received by the grantee in conjunction with %his grant. 15. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. 16. Each county, or association of counties, receiving funds from =he waste tire account shall submit an annual report to the Deparr_~en% accounting for the use of such funds. Grant # WT99-11 OFFER AH~ ACCEPTS~NC~- The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Collier for all allowable costs incurred up to and not exceeding $109,113. Grant Application dated 06/08/98, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: John M. Ruddell, Director Division of Waste Management Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF T~ DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative David W. Russel~ Solid Waste Director Date Please return to: Department of Enviror~ental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 NC. .~ . _ O C T 0 6 1998 ~v,~on Chile~ Go¥~l'nor' Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 L2'~-£~R CONTROL AND PREVENTION GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRAI'r: NOTIFICATION INFORMATION Virginia B, Wetherell Secreta~ 1. Grant Number: LC99-09 2. Date of Award: Augue= 1, 1998 3. Grant Title: LI~'£R CONTROL AND PREVENTION GRANT 4. ,.Grant Period: October 1, 1998 - September 30, 1999 5. Grant Amount: $ 26,316 6. Grantee(s): COLLIER COUNTY Address: 3301 T~iami Trail East Naples, Florida, 34112 7o Federal Employer Identification Number: Authorized Representative: .. N~me: David W. Russell Title: Solid Waste Director Phone: 941-774-8097 Contact Person: Name: Joan B. Mayer Address: 59-6OOO558 3301T~niami Trail East, Health/Com~. Serv. Naples, Florida, 34112 Bldg. Phone: 941-732-2508 10. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "P'oM. cL Conserve and &lonage £1onda's £nvsronrnen: and Nctut:! Res:ur:::" ,e,~ted on te.c~le~ PART II - GRANT CO~ITIONS GENERAL CONDITIONS: The method of payment, will be on a reimbursement basis only. The effective date of this grant will be the date it is fully executed (the date it is signed by the local government authorized representative) through September 30, 1999. Reimbursement requests must be signed by the designated Authorized Representative and must have an original signature (not a stamped signature). The Authorized Representative should be the same person who signed the grant application. If there is a change in the authorized repr'esentative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. The grantee shall elect to submit reimbursement requests cn quarterly basis. An original of the reimbursement request with a summary of expenditures shall be due on the last day of the month following the end of the quarter. Each reLmbursement request shall be submitted in detail sufficient for pre-audit ~nd post-audit review. Grant funds may be expended through September 30, 1999. The date appearing on the check issued for an expenditure will be the date used to place the expenditure in a reporting period and will he considere~ the date paid. A final report musu be sukmit=ed no later than October 31, 1999. Existing public and private programs shall be used to implement this grant program before any new program will he approved. Funds shall not be used for duplicating exis%ing public and private litter and marine debris prevention programs unless the applicant demonstrates that such exis=ing programs cannot be integrated, into the planned litter and marine debris prevention program. Expenditures shall be limited to the following two options: OPTION 1 ~rantees may spend 100% of the grant award for operating costs associated with education and prevention programs listed in section 10 and 11 of the grant application. These costs will include rent, telephone, utilities, salaries and benefits, postage, office equipment and supplies, program material and marketing. OPTION 2 Grantees may use up to 35% of the grant award for operating costs for projects to assist local governments with the removal of litter and debris. The remainder of the award spent on removal shall be used to fund educational and prevention programs. 10. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access %o all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (A!28). Any subgran=s made by the grantee shall also include a provision for the subgrante~ funds to be included in the subgrantee's A~.nua! Single Audit. A copy of all Single Audits shall be submitted to the Departmen~ of Environmental Protection, Solid Waste Section, by March 3!st of each year. Grant # LC99-09 OFFER Ah'D ACCEPTANCE The State of Florida, acting by and through the Degartment of Environmental protection, hereby offers assistance to the county of Collier for all allowable costs incurred u9 to and not exceeding $26,316. Grant Apglicati°n dated, 06/09/98, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTKENT OF ENVIRONMENTAL PROTECTION= John M. Ruddell, Director Division of Waste Management In accepting this award and any payments made pursuant thereto, (1) tho undersigned regresents that he is duly authorized =o ac= on behalf cf the recipient county, and (2) the recipient agrees to the general and ~ special conditions. BY AND ON BEHALF OF T5~ DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative .David W. Russell Solid Waste Director Date Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 EXECUTIVE SUMMARY APPROVE BID //98-2836, "GOLDEN GATE BEAUTIFICATION ROADWAY GROUNDS MAINTENANCE." MSTU/MSTD ~[~tJ_F.A~: To obtain Board approval for the award of Bid #98-2836 for the Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance for FY 1998-99 to Commercial Land Maintenance, Inc. CONSIDERATIONS: On July 20, 1998, the Purchasing Department sent notices to sixty-four (64) vendors for grounds maintenance of the Golden Gate Beautification M$IU and the adjoining Collier Count.,,, arterial MSTD roadways. On August 6, 1998, a mandatory pre-bid meeting was held. On August 25, 1998, two (2) bids were received. On September 8, 1998, staff presented the bids to thc Golden Gate Beautification Advisory Committee (GGBAC) for their review. It was recommended by the GGBAC that the bid submitted by Commercial Land Maintenance. Inc., be recommended to thc Board for their consideration and acceptance as the lowest, qualified and responsive bidder. Staff reviewed and discussed the unit pricing with both bidders and also concur with the recommendation of thc GGBAC. Copies of the Bid Tabulation Sheets are attached. FISCAL ISIPACT: Funds are budgeted in FY 1998-99 in Golden Gate Beautification Fund 136-162590-634999 in thc base amount of $15,630.00 for annual servicing roadway medians within the MSTU and Road District 3 Fund 104-163646-634999 in the base amount of $196.331.00 for sen'icing the medians and road right-of-way v,,ithin thc MSID. A Contract incidentals amount of 520,000 has also been established. The total base bid of $21 !,961.00 plus the additional incidental costs for unexpected landscape maintenance sen'ices bring the total bid award to $231.961.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board award Bid #98-2836 as shown herein for the Golden Gate Beautification MSTU/MSTD Roadway Grounds Maintenance. PREPARED BY: /~--~/~F~ CL,t Val Prince, Engineer II, Landscape Services Operations REVIEWED BY: Edward J. Kant, PE, Transportation Sen'ices Director/mk REVIEWED BY: . >_-L"44~..~, -:' · . ,., (.. ' ----~-. Stephen Y. Carnell, Purchasing Dir6ctor REVIEWED BY' - Ed Ilschne'"'~lSu-b-i'~c W;rks-Administrator DATE: 9/I 1/98 DATE: c~ / ~. [ I (71 0 o PG. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWAI:LD BID NO. 98-2817, "PURCHASE/DELIVERY OF FERTILIZER," FOR FY 98/99. .QIIJ~: To gain approval to award Bid No. 98-2817 for the annual purchase and delivery of fertilizer in FY 98/99. ~ERATIONS: Bid No. 98-2817 was prepared for the annual supply of fertilizer for FY 98/99. The posting date was June 12, 1998, with proposals being sent to 24 vendors. Four bids were received and opened on June 25, 1998. Of the four bids received, Terra International, DBA Terra, was the bidder who had zero "No Bids," had only one blend tag substitution with all their other items meeting the requested specifications as to blends, and had 13 of the lowest overall prices per all 22 items. It is staff's opinion that Terra overall meets the lowest, qualified and responsive bidder requirement and that the fertilizer contract be awarded to a single vendor, thereby serving the best interest of the County. FISCAL IMPAC~T: Each user department will use their individual budgeted funds for the purchase of fertilizer in FY 98/99. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board award Bid No. 98-2817, "Purchase/Delivery of Fertilizer," to Terra International, DBA Terra, for FY98/99. PREPARED BY: ~/?4 ,~. Val Prince, Engineer II , Steph.e.a Y, Camel Pur. oqqash:~ Director Edv, ard J. Kantz:~ ~, Transportation Services Director REVIEWED BS':~ ~_ brier, Public Works Administrator DATE:,~ '? ].fid VP/sc/Ex Sum B:d 98-2817.doc J OCT o~ lsgs J EXEC...1JTIVE SUMMARY. RECOblblENDATION TO AWARD PUBLIC WORKS BID # 98-2837 FOR ANNUAL WATER AND WASTEWATER TREATMENT CHEMICALS FOR FISCAL YEAR 98/99. ~ That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District, award Bid # 98-2837 for annual water and wastewater treatment chemicals, to thc various vendors listed in the following recommendation section. CONSIDER-~TIONS:. 1) The County's Public \\.'¢,rks Division operates water and wastev,'ater facilities necessary to serve the customers of the County Water/Sewer District. 2) These treatment facilities provide treatment of the County's water and sewage through chemical addition, in order to achieve compliance with Federal and State Regulations. 3) The Public Works Utilities Division solicits chemical bids annually to provide the necessary chemicals to operate the County's water and wastewater facilities. 4) Bid ~ 98-2837 was posted on August 21. 1998. Seventy six inquiries were sent to vendors. Twenty- two packages were received All legal requirements have been met. 5) Staff has reviewed the bids received and recommends the vendors listed in the recommendation section as having submitted the lowest overall bid, unless noted, with explanation. GROWTH MANAGEMENT IMPACT: These purchases are necessaD' in order for the County to operate its treatment facilities and provide water and wastcwater service to the County's existing customers, as well as for furore growth. FISCAL IMPACT: The fiscal impact of awarding this bid is in the estimated amount of $ 863,679.50. Funds are budgeted and approved in the Public Works cost centers 408-25321 I. 408-253221. 408-233312, 4(18-233313 and 441-256110. The estimated fiscal impact represented in thc following recommendation is based on estimated quantities listed in the bid information. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditures limits. RECOMMENDATION: The Public Works Administrator recommends that the Board of Count.',' Commissioners. Ex-Officio. the Governing Board of the Count.',' Water Sewer District, av,'ard Bid #98-2837 to the l¥11owing vendors, and authorize the chairman to sign the contract documents. CHEbllCAL VENDOR Quicklime Chcm Lime ,,.. Eolymcr Fed. Serv. & Supply Polymer Leachem Ind. Sodium Silico- Vanwaters & Fluoride Rogers UNIT COST. $ 106.00 $ 75.40 2,158.50 12.00 Ton 50# Bag 30 Bag Pallet 50# Bag FISCAL IMPACT $ 268,302.00 $ 0.00 $ 9,309.00 $ 14.783.00 Potassium Cams Permanganate Chemical $ 403.18 330# Drum $ 141,810.00 Anhydrous Ammonia Tanner Ind. $ 480.00 Ton $ 18,596.00 Anhydrous Ammonia Allied Unix,'. Carbon Dioxide(CO2) Astor Chem. $ 89.50 $ 118.00 150# Cylinder Ton $ 447.50 $ 33,887.O0 Chlorine Harcross Chem. Van Waters Chlorine & Rogers $ 259.50 $ 42.50 Ton 150# Cylinder $ 153.243.00 $ 0.00 Sodium Van Waters Hydroxide 50% & Rogers Sodium Allied Hydroxide 25% Universal Membrane Argo Scale Inhibitor Scientific $ 269.90 $ 0.53 $ 0.595 Dr,',' Ton Gal. Pound TOTAL $ 193,380.00 $ 40,000.00 $ 29.922.00 S 863,679.50 PREPARED BY: REVIEWED BY: APPROVED BY: Stephen Carnell, Purchasing Director Ed Ilschner,¥ublic Works Administrator DATE: Consent Agenda October , 1998 EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 98-2845, BLUEBILL PARK BUFFER PLANTING TO IIANNULA LANDSCAPING, INC. IN THE AMOUNT OF $~9,260.00. OBJECTIVE: To award a contract for performance of work associated with Bid No. 998-2845 entitled Bluebill Park Buffer Planting. CONSIDERATIONS: The Bluebill Park Buffer Planting project is the result of a commitment to adjacent property owners for use of this property as an upland disposal site associated with the South Channel and Water Turkey Bay maintenance dredging activity. The resulting planting plan is consistent with the conceptual plan for future park development. Sealed bids for Bid No. 98-2845 were opened on September 9, 1998. Advertisement for bids was posted on August 5, 1998. Invitations to bid were sent to sixty-two vendors. A summary of the bids received is as follows: CONTRACTOR Hannula Landscaping, Inc. Sunny Grove I.andscaping TOTAL BASE BID $69,260.00 72,742.25 The'staff reviewed the total costs and has found them to be correct as tabulated above. The design professional's estimated cost of construction was $75,700.00. A thorough review of the proposals was conducted by the staff and design professional. As a result, based upon verified qualifications and experience, it is recommended that Bid No. 98-2845 be awarded to Hannula Landscaping, Inc., 28131 Quails Nest Lane, Bonita Springs, Florida 34135 in the amount of $69,260.00, being the lowest qualified and responsive bidder. cISCAL IMPACT: ost: $69,260.00; to be obligated in the budget for FY 98/99. Fund' (195) Tourist Development - 60% Cost Center: (110420) Wiggins Pass Dredging Project Number' (80226) Wiggins Pass Inlet Management Pursuant to approval of a TDC grant application and associated budget amendment by the Board of County Commissioners on August 5, 1997 [Agenda Item 8(E)(4)], funds in the amount of $80,685.00 were appropriated for this purpose in FY 96/97. However, since such funds have not been obligated to date, a budget amendment is necessary whereby funds will be transferred from Fund 195-Reserves to the appropriate expenditure category for this obligation. PG. [ Executive Summary Biuebill Park Buffer Planting Page 2 (;;RQWTH MANAGEMENT IMPACT;,, None RECOMMENDATIONS: That the Board of County Commissioners: 1. Award a contract for Bid No. 98-2845 to Hannula Landscaping, Inc. in the amount of $69,260.00. 2. Approve the necessary budget amendment. 3'i ~Authorize the Chairman to execute the contract. PREPARED BY: %~~'-Y~ Harold E. Huber, Project Manager III OFfice of' Capital Projects Management DATE: 9.2l.?~, REVIEWED BY: DATE: Richard HellriegeY, P.E., Interim Director Of.rice of' Capital Projects Management REVIEWED BY: Steve C~rnell, D~ector Purchasing Department Ed Ilschner, Administrator Public Works Division APPROVED BY: attachment CCi Beach Renourishment/Maintenance Committee Wilson, Miller, Barton & Peek, Inc. Hannula Landscaping, Inc. O C! 0 5 1998 O C'[ 0~1~B8 PG. ,~'~ 0~ 0 ~ 1S98 "- U 'D' EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE OF oORIDA DEPARTMENT OF HEALTH ALLOWING USE OF A PORTION OF A COUNTY- ~iED BUILDING KNOWN AS THE HEALTH BUILDING LOCATED IN IMMOKALEE. ~LI~: Approval of a Lease Agreemcnt between Collier County and the State of Florida Dcpartm. tnt of Hcalth ("State") allowing use of a portion of a County-owned building known as the Health Building located at 419 North First Strcct, Immokalee, Florida in order to provide public health services to thc population of Collicr County, and to execute a Resolution regarding same. CONSIDERATIOn: The State wishes to continue to utilize office space at thc County-owned Health Building located in Immokalee and has consented to enter into a formal Lease Agreement. The attached Lease Agreement provides for an initial term of ten (10) years commencing upon execution of the Lease Agreement by both parties. Thc Lease Agreement also provides for two (2) automatic renewals of ten (10) years each. In lieu of rental pa)ments, the State shall provide health care and health care related services for residents and visitors of Collier Count)'. The County, as it has in the past, shall be responsible for all janitorial expenses and building maintenance costs at the leased site. The State shall pay any charges pertaining to the leased property including, but not limited to, charges for telephone, gas, electricity, light, heat and air conditioning as long as funds arc available for this purpose. Either the County or the State may terminate thc Lease, with or without cause, upon ninety (90) days prior written notice to the other pan.,,'. Thc Office of the County Attorney. Public Scrvices Administration and the Risk Management Department ll xS, e reviewed the attached Lease Agreement. CAL IMPACI: None. GROWTH MANAGEMENT: None ilECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement between Collier Count.,.' and the State of Florida Department of Health and authorize its Chairman to execute the Agreement and the Resolution regarding same. ~. DATE: '/ // 7 '. PREPARED BY: )t .. ,.,, .... v. ,- - ! '-Michael Dowling, Real Prr)perty Sgecialist, Real Property Management Department Thomas 7. ch-iiff, A~min]~l~tor, Public Services Division DATE: q. !:5 ..Ot~_ No.~I 0el 0 6 1998 lo II 13 14 ~6 I? Zo ~? RESOLUIION 9~- _ ... RI:SOl t~lON AUTItORIZIN(i file CIIAIRMAN (IF Till:. BOARD OF COI~Y COMMISSIONERS qO F. XECU1 F A LEASE AGREEMEN'[ BE~VEEN COLLIER COUN'IY. A POI IIIC.M. SUBDIVISION OF TIlE STATE O~ FI. ORIDA AND TIlE SIATI' I~l t I~RIDA DEPARTMEN~ OF IlEAl.TH FOR USE Ol: A COUN~'- O~ED BUILDING. WllEREAS. the State of Florida Deparlment of llealth ("State"} destres to lease a pomon of the bmldtn$ known as the Ilealth Braiding located at 4lq Norlh First Street. Immokalee. Florida, {"Demised Premises'l m order to operate a public health agency to benefit the populatto.n of Colher County; WIIERF. AS. the Board of C'ou~ty C'ommtssloners ts satisfied that the Demised Premises reqmred for communm., u~c by the State ~s not .needed for Count.'.' purposes, WIIEREAS. the Board of C.'ounb' Commissioners ts desirous of leasing the Demtsed Premises Ihe State. ~. NOW TIIERI I t ~Rl.. BE I'! RESOI.\'ED BY TIlE BC)ARD OF COUNTY COMMISSIONERS OF COLLIER ('O!'N I Y. FI ORIDA. TIb\T: 1, "[,'~¢ Dcm~,cd Prem~<cs ts r,:qmred b>' the State tn order to serve thc citizens of Colher County Florida ami v~ not nccdcd for ('o'~nty purpo<es. 32 .% 37 38 39. 4,1 "5 a9 50 5! 2 l'he term of the [.ea'~c ts ten ~ 10) years. ',',~th the optmn to renev~ for two {2) additional terms often (10} 5ears...,.1;h,m~ annual rent. 3 The Board of t'ount.', Commts~mncrs does hereby approve the attached Lease Agreement bet,.vcen Colhcr Count). a pohtlcal s~,hdw~ston of the State of Ftonda. and the State of Florida Department of tlealth 4 The Chairman of the Board of Counb' Commissioners of Collier County,, Florida. is hereby authorized to execute the attached Lease Agreement. This Resolution adopted thts --~ day of second and majority ~ otc ATTEST' D~'IC;I,IT E ,BR, OCK. Clerk . 1995 after motion. BOARI') OF C'Ot .~TY COMMISSIONERS. COI.t. IER C'OLtNTY. l:LORIDA BY BARBARA B. BERRY. C'hatrrnan Approved an 1o fnvrn and legal sufficiency: ileidt F. A,~hton Asslslan! ('oun',) Anome,~ Lease AGREEMENT THIS LEASE AGREEMENT calmed into this da)' of , 1998. between State of Florida Department of tlealth, v. hose mailing address is 1317 Wmewood Boulevard, Tallahassee. Florida 32399-0?00, hercinaAer referred to as "LESSEE". and COLLIER COUNTY, a political subdivision of the State of Florida, ,,~hose mailing ad&ess is 3301 East Tamiami Trail. Naples, Florida 34112, hereinafter 'referred to as 'LESSOR". , WITNESSETtl In consideration of thc' mutual covenants contained herein, and other valuable consideration, the panics agree as follows: ARTICLE 1. Demised Premise~ LESSOR hereby Icas¢~ to I.ESSF. E and LESSEE hereby leases from LESSOR a pomon of the building knov,'n as tile Ilcalth Braiding h,,catcd at 4~9 Norlh First Street. lmmokalce, Florida, which consists of Ihat area depicted on Ihc attached Exhibit "A". attached hereto ami made a par1 hereof and the Marsten Corporation constructed modular unit located soutl~wcst of the Itealth Building, said layout of Ihe modular unit is shown in Exhibit "B" attached hmcto anti made a par~ hereof, both Exhibits hereinafter referred to as the "Demised Premises". for thc sole purpose of providing public health services to the population of Collier County. LESSOR shall attempt to notify LESSEE should olhcr panics wish to utilize any portion of the then vacant areas v, itl'un Ihe Demised Premises, LESSEE acknm~ ledges and agree~: thal the LESSOR shall enter, use and occupy those areas within the Demised Premises such as entrancc~, cx~t~, elexators, stainvays, common reception areas, utility rooms and delivery areas for Ihe purpose of operatmt: and maintaining lite building and in order to access and conduct business in those areas no: being leased to the I.ESSEE. ARTICLE 2. Term of L:a:t: LESSEE shall ha',c and hoht thc Dc:rased Premises for a tcn'n of ten (10) years, commencing upon the dale in ,.,.hich th~s Lease has been accepted by the LESSOR. Provided thaf the LESSEE is not in dcfaull under an)' of thc terms of this Lease. this Lease shall automatically be renewed on thc tenth (lOth) and twentieth (2Otb) anniversary, of this Lease Agreement each for a term of ten ( I O) 3'cars CRcncwal Term"), all without lapse whalsoevcr, unless one party gives the other par~y v. rittcn notice lo terminate ninety (Om clay ~ prior to the lerminat~on date of the Initial Term or the Renewal Term in effect. Sa~d nolicc shall I~e effcctwe upon placement ofthe notice in an official depository of the United Stales Posl Office. Registered or Certified Na, ail, Postage Prepaid. LESSEF.' and LESSOR ma.'.' terminate this Lease, wilh or without cause, upon ninety (90) days prior written no~lcc to thc other pa~)'. Sa~d nolte',' shall sent be to the addresses as set forth in this Lease Agreement and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Cerlified Mail. postage prepaid. ARTICLE 3. Rent In lieu of rent pa,,,ments for the Demised Premises, LESSEE shall provide health care and health care · related services for residents and vis,lots ore'oilier County. - ART!CLE a C':I;.t Expenses and Charges LESSOR shall pa,~ for all janitor:al services and building maintenance concerning the Demised Premises. LESSOR shall provide utility service to the Demised Premises and LESSEE shall pay all charges pertaining to the Demised Premises inch,ting, but not limited to charges for telephone (local and long distance), gas, electricity, lighl, heat and air condmoning rendered and supplied thereupon or in connection with the Demised Premises. LESSEE shall pay for said utility costs through use o1' the County Health Deparlmenl allocated funds in County Budget Fund 001 Cost Center 155R10 as long as funds are available for this purpose. Until such time OCT 0 ti 1998 I:';.. .,~ _ that those funds allocated to the Count-`.' Ilealth Deparlment may not he available through said County Budget and Cost Center. LESSOR shall invoice LESSEE on a monthly basis for those utility costs and shall be paid by LESSEE m full v. ithin thirty ~30) days from receipt of LESSOR'S invoice. ARTICLE $, M~d~L~s to l'rzor to making an.'.' changes, alterations, additions or m~provcments Io thc Demised Premises. LESSEE will proxide to LESSOR all proposals and plans for al~eral~ons, improvements, chases or additions to the Demised Premises for LESSOR's written approval, sp~ffying in writing the nature and extent of the desired alteration, improscmem, change, or addmon, along with the contemplated sta~ing and completion 6me for such projccL LESSOR or ~ts designcc will then have sixty (601 days within which to approve or deny in w~ting said request for changes, imptovcmems, alterations or additions. LESSOR shall not unreasonably withhold its consent ~o requir~ or appropriate al~cralions, improvements, changes or additions p~s~ by LESSEE. If after sixty ~60) days thc~e has been no red,nsc from LESSOR or ns designee ~o said proposals or plans, then such silence shall be deemed as a denial ~o such request to LESSEE. LESSEE covenants and a~recs in conn~tion wi~h any maintenance, repair work. erection, cons1~ction. improvcmcm, addition or altcralmn of an~ authorized modifications, addmons or improvements to the Demised Premises. to ohsc~'c and comply ~lth al: then and future applicable laws. ordin~ces. ~les. regulations, and requirements of thc Um~cd Sta~cs of America. S~a~c of Florida. Coumy or Collier. and any and all All alterations, impto~cmctlls ~nd additions to s~id Demised Premises shaJJ al once. when made or installed, be deemed as auachcd ~o Ihc Ir~'chold and to ha~e become the prope~y of LESSOR. Prior m lhe tcnuina:ion of lh~s Lease or a~y rcncx~a~ ~crm thcrcoL or ~'i~hm Ihmy (30) days lhereaOer, if LESSOR so directs. LESSEE shall promptly rcmoxc thc addmons, improver~ents, allcralions, fixlures and installations which were plac~l m. on. or upon ~hc Demised Premises by LESSEE. and repair any damage occ~ioned to Demisc~ Premises by such r~moval, and in dehul~ ~hereoL LESSOR ma)' complue said removals and repairs a~ LESSEE'S cxpcnsc LESSEE covenants and a.~rcc~ m.t to use. occupy suffer or permit said Demised Premises or an)' part thor:of to be used or occupied for an.'. punmsc contrary to la',', or the rules or regulations of an.v pi bl c author~b' 6 Acces~ LQ L~en::sed J't~L~l~es LESSOR. its dui,. author~,'ed agcn! ;. representatives and cmplo.',ces, shall have the right after reasonable notice to LESSEE. to enter into and upon the Demised Premises or an.,.' part thereof at all reasonable hours for the purpose of examimng same and makir~g repairs or providing janitorial semice therein, and for the purpose of inspection for comphance ,.vith the pro'.isions of this Lease Agreement. ARTICLE 7. /,.ssi~nment and Subletting LESSEE covenants and agrees nt~t ~o assign this Lease or to suhle~ or allow use of the '.,,'hole or any part of the Demised Premises The acceptance of servtces from any other person shall not be deemed to be a waiver of an.',' of the provisions of th~s Lease er to be a consent to the assignment of this Lease or subletting of the Demised Pren'uses. LESSEE is granted the authority to provide all health related services and health issues counseling to the public, lo be provided by the LESSEE. service partner, or oumtte contractor, without approval of LESSOR. Providers other than the LESSEE shall submit a "Certificate of lfisurance" which includes the LESSEE and the LESSOR as 13o'~:e3ed enmies for habfiny tssues. The LESSEE agrees to pro',ide a copy of said Certificate of Insurance to LESSOR prior to allowing any other entity access to the Demised Premises. LESSEE or any sanctioned other provider shall not provide a scope of service i,eyond Ihat whtch would be provided by the Deparlment ofHeahh ~,ithin tls various programs. ARTICLE 8. Indcmmt'~ The LESSEE is a St~te agency, as defined in sccuon 7t, g.25. Florida Statutes, and agrees to be responsible to the Iimils set fo,"lh m secuon 76828. Florida Statutes, for its negligent acts or omissions or tortuous acts 'which result m claims or suit~ against lhe LESSOR caused by acts of the LESSEE. Pursuant to 768.28, Florida Statutes i'1097L LESSEE may not increase the limits of its liabilit)' in this Agreement with the [SSOR Fur:her, the p.~mes ate aware t.fno specific authority vested in LESSEE that v,,ould permit LESSEE n"'O) t OCT 0 6 lgg8 Pg.. 'Li/-~ to indemnify or hob! the [ESf;¢)R ham less From liaNIity. Nonetheless, LESSEE ..,.'ill require its contractors. construction manager, archi:cots and entcmeers to be ruuy responsible rot their negligent acts or omissions or tortuous acts `.`.'h~ch result m cl.nm~ or suits against the LESSOR Nothing herein is intended Io sen, e as a waiver of so`.'¢re~gn mmmmt.~ h.~ the LESSEE to ~'hich so`.'¢reign immunity applies. Nothing herein shall be construed as consent b.~ a s~a:e aFcn¢.., o~ subdivision of thc Slate of Florida to be sued by third parities in any matter arising out oFany contract ARTICLE 9 lnsuran,.:~ LESSEE shall prov,dc and maintain general liability and property liability insurance policy(les) pursuant to thc pro,. Jsion of thc Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Florida S~atutcs 76S.25 during thc term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance co',er~ng all employees meet,ns Statuto~ L,mits in compliance with the applicable state and federal la'.,.'s The co'.c:agc shal; include Employer's Liability with a minimum limit oFOne Hundred Thousand Dollars and No I r/"~ Ccnt,t ($10f ,(~00 ~0) each accident Ex ,hence of ~uch ;ns:trance '. :.,I, !',c pro`.~ded to the Colher County Risk Management Deparlment, 3301 Easl 'l,mn,mn I r:nl...",.h:i,nl'qral,,:~ [t:.hhn[,:. Naples, Flomta. 34112. fo'r approval prior to the commencement of this Lea~c Agreement, a:'d ~hall mclud: a pro`.mon requmng Ilurly (301 da.rs prior written notice to Colher Count.',. ct', £'tmnt~. R~sk Manag~mcn? l)cpartment m thc e..cnt of cancellation or changes ~n policyOcs) co..'eragc 1 hc LESSEE acknov, ledgc.,; and agrees that no changes or cancellalions to the insurance coverage '.,.ill occur v.,thout thirt} {.'ia} da.~s pr,',r ',..tmon notice to LESSOR LESSEE's insurance provider '*ri bc responsible for nol~f.`.mg thc [.leSSOR d~r¢:tl> of any changes related to insurance coverage. LESSEE shall also ensure that the insurance c,xe:age pr,tn!cd m accordance with this Lease Agreement shall require that the company or compames '~`.:mng such insurance pohcy(ies) shall provide to LESSOR written notice of canccllalion tlnrly [30) da)s prior to the pr-posed cancellation LESSOR reserves the right to reasonably amend Ihe insurance requirements h,.' issuance of no'ace in writing lo LESSEE. whereupon receipt of suci~ notice LESSEE shall have thru,, t3, '~ da.,. s m ',,, hie h to obtain such addilional insurance. .,\RTICLE 10 Mat~:nanc: Tile LESSEE shall nob:',. I.ESS(IR in writing of any needed repairs or maintenance to the Premises within t..,. eh:5-fi:ur ~ 2.:' ! hours {,fi ESSEE's determ,~ation e:'a need for repair or maintenance. The LESSEE. a: I:,~ ~*.,~c rns~. O~al repair damages caused to thc Demised Premises caused by thc negligent acts ·of thc LESS[:[. ~lq cmplo.',ees, agents. ~ndcpcndent contractors, guests, in`.'itees, hccnsces, or patrons TI:e LESSEE. at ~ts so e coq .hal, remove from the Dcnnscd Premises in accordance wilh all apphcahlc rides, las~.s and tegu[ahens, al: solmd, hqmd. semisolid, and gaseous trash ~d waste and refuse of ~$' nature ~hatsoever which might ~ccumulatr and ansc from Ire operations of the LESSEE'S business. Such trash, waste and refuse shall be s~orcd in closed containers approved by ~he LESSOR. ARTICLE I I. Default by I.I~SSEt: Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of INs Lease shall conslitute a default. LESSOR ma',. a: ~:s option, terminate flus Lease after thirty (30) days written notice lo LESSEE, unless the default t'e cured '.vitlnn the notice period (or such additional time as is reasonably required to correct such defaull) In thc c`.cnl of 0lc occurrence of a default, LESSOR, m adclmon lo any olher rights and remedies it may have. shall have Ire immediate right to re-enter and remove all persons and property from the Demised Premises Such properLv ma.'. be removed and stored in a public warehouse or elsewhere at the cost of and for lhe account of LESSEE, all '.vithout sen'ice of notice or resort to legal process and without being deemed guilt.,,, of trespass, or being liable for an.',' loss or damage which ma.',' be occasioned thereby. The LESSOR may at ti,; option lenninale lhis Lease Agreement after receipt by LESSEE of thin)' (30) Oays notice mv. nting if a lien ~s filed agape:st the leasehold mleresl of the LESSEE. and not removed within thmy {30) days. pursuanl Io the Fkmda ,Mechanics Lien La..... AgendR It.R* o c T 0 1998 ARTICLE 12. ~ LESSOR shall in no event he charged v, ith dcfault in thc performance of any of its obligations hereunder and until LESSOR shall have railed to perform such obhgations within thirty (30) days (or such fional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other parly shall be in ~.xiling to the other parly at the follov, ing addresses. Said notice shall be effcctive upon placement of the notice in an official depositor)' oflhe Umted States Post Office. Registered or Certified Mail. Poslage Prepaid. LESSOR: LESSEE: Board of Coumy Commissioners c,'o Real Property Mgmt Dept. 3301 Tamiami Trail East Administration Building Naples. Florida 34112 S~atc of Florida Dcparlmcnt o f Health 131"/Winewood Boulevard 'lallahasscc. Florida 32399-0700 Attention: Secretar)' cc: Office of C. oumy AttOrney Public Sen'ices Administrator cc: Collier Count>' llcahh Department Dircclor ARTICLE 14. Surrender of Premi~,c~ At the time LESSEE shall delixer up and surrender to LESSOR posscsswn of the Dcmlscd Premises and any improvements thereof, unless other,,.ixe agreed upon as specified in Amcle 5 of this Lease Agreement. or its earlier termination as herein provided The Demised Premises shall be in as good condition and repair as the same shall be at thc commencement of the tem'~ of this Lease Agreement or may have been put by LESSOR or ;EE during Ille continuance thereof, ordinaD' '.,.'ear and tear and damage by fire or the elements beyond EE'S control excepted. ARTICLE 15. ~ LESSEE fully understands that ~he police and la,..,' enforcement security protection provided by la~x enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agenc>' situated in Collier County. and acknowledges lhat any special security measures deemed necessary for additional protection of the Demised Premises shall bc the sole responsibility and cost of LESSEE and shall involve no cos'l or expense to LESSOR. LESSEE expressly agrees for itself, its successors and assigns, to refrain from any use of the Demised Premises which v,'ould in,effete v.'ifl~ or a&. ersely affect the operation or maintenance of LESSOR's standard operations '.,.here olher operations share common facilities. (a) Rights not specifically granted thc LESSEE by this Lease are hereby resets'ed to the LESSOR. (b) LESSEE agre'e's ~o pay all sales tax imposed on the rental of the Demised Premises .,.,'here applicable under law. (c) LESSEE agrees to pay all intangdfle personal property taxes tha~ may be imposed due to the creation. by this Lease. of a leasehold interest in thc Demised Premises or LESSEE'S possession of said leasehold interest in the Demised l'rcmises. ARTICLE 16. Environmental Concerns LESSEE hereby agrees to dispose of all medical v,'aste and hazardous materials in a method which conforms with all federal, state and local ordinances and laws pertaining to the removal, disposal and/or storage of such ma:erials. LESSEE assumes full responsibility for failure to conform and comply with all federal state Agendaltee 1998 and locals laws and ordinances relating to the removal, disposal and/or storage of all garbage and trash located on lhe Demised Premises ARTICLE 17. Radon Ga~ In compliance wuh Section ao.l O5,, Florida Statutes. all paMics are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, ~'hen il has accumulated in a building in sufflcient quantities· ma)' present health risk.,; lo persons who are exposed to it over time. Levels of radon thai exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing ma.,,' be obtained From .'.'our Count)' Pubhc Health Department. ARTICLE I)i. ~ All persons to whom these presenls ma)' come are pul upon notice of the fact that the interest of the LESSOR m the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvemen:s made by the [.ESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or an), part of either. This notice is given pursuant Io the pro,.'isions of and in compliance with Sect:on ?13.10, Florida Statutes. ARTICLE 19. Effccti'~c Date This Lease shall become effecuve .eon execut,on by both LESSOR and LESSEE. ARTICLE 20. This Lease shall be ge,,. erned and cot strued m accordance v,:th the ]ag.I of the Stale of Florida IN WITNESS ".VHERFO}.. the pa,,l~c,~ hereto ha,,e ATTEST: D',VIGIIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · Deputy C'le~k AS TO LESSEE: DATED: WITNESS (s'~'~att,re) '-1 - 'NESS (sig}~ature}r.; (print name) BARBARA B. BERRY, Chairman T / tIEALTH/ /' /~ / ~ / JAhIES T.q'tO~.,,~LL. ~I.D.. M.P.H., Secret~..' :' LESSOR: Approved as to £orm and 'egal~ufficienc~,: ~ H~li F.-Ashto~ Assislant Cour. ly Atlomey LESSEE: Approved as to £orm and oCT 0 q.q8 | VACANT ' ALL OTIIER OFFICE SPACE CONSIDERED DEMISED PREMISES £XIIZBZT '1~" Collier County Heal:h Depar:rren: ln~okalee Modular oc~ o~;ss~ / ~XECUTIVE SUMMARY ENTER INTO AN AGREEMENT WITIt THE COLLIER COUNTY SCttOOL BOARD FOR SUMMER CAMP FIELD TRIP TRANSPORTATION. Objective: To obtain transportation serviccs for camp participants in a cost-cffi:ctivc and reliable manner. Considerations: For the past twelve (12) years Collier County has entered into similar agreements with the Collier County School Board. The attached Agreement provides for use of school buses (with or without drivers supplied by the School Board) by the Parks and Recreation Department to transport recreational program participants to any recreational area to facilitate recreational programs until August 31, 1999. Examples are visits to educational sites, roller- skating, swimming, beuchcs, bowling, and movies. This past summer staff investigated the possibility of obtaining these services through private providers and found that only one company offered services for the summer camp program countywide at a less expensive cost than the School Board's proposal. As a result, the Count>, opted to test this company in the Immokalee and Everglades area, and found that it was not as reliable as the School Board's transportation. Several times the vendor was either late or provided inadequately sized vehicles to transport all tile participants. As a result, the Count>, dropped the vendor mid way through the camp program and utilized the School Board for tile remainder of the >'car. The attached School Board Agreement provides for use of school buses and driver~ (Option A) to transport Parks and Recreation Department program participants to any recreational attraction. The County will pay the School Board a per hour rate of $17.26 for use of the bus and a driver. This rate is calculated from the time said bus leaves from and returns to their transportation barn. Additionally a rate of $1.08 per mile is charged. (Option B) provides _only school buses. This option is provided in the standard School Board Agreement: however, it is not a viable option since staffdocs not have any certified drivers. Under Section cO (7) or' the Agreement and pursuant to Section 234.211(2) (b), the County has provided a Certificate of Proof of Required Liability Insurance to the School Board in the amount orS100,000. Upon Board authorization, the agreement ,,rill be executed until August 31. 1998. Fiscal Impact: $47.000 has been budgeted in FY99 to support this Agreement as Ibllows: Golden Gate Community Center (130-157710-634999) Veterans Community Park (001-156380-634999) Vineyards Community Park (001-156390-634999) East Naples Community Park (001-156381-634999) Immokalee Community Park (111-156343-634999) $15,000 $ 9,000 $ 9,000 $ 6,000 $ 8,000 It is anticipated that 75% ($33,750) will be reimbursed through recreational progra . fees. 0 C 1 O ti 19911 Growth Management: None Recommendation: Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement to utilize school buses driven by School Board bus drivers at reasonable rates (Option A). 3ohn Dunnuck, Operations Coordinator Department ~f Parks and Recreation / Reviewed by: ~ .~' -j~ :'~ /' 4 ' '.;..'./ Maria Ramsey, Director Department of Parks and Recreation Reviewed by.7 I~ ~'~~'~ ~ """iS;or~s WT-O[i{~Administrator Division of Public Services Date: ;";'" Date: TRANSPORTATION AGREEMENT FOR GOVERNMENTAL AGENCY Tills AGREEMENT made and entered into this _ day of ,, ,1995 by and between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (School Board), and COLLIER COUNTY PARKS AND RECREATION by and through the Board of County Commissioners of Collier County, Florida, (Agency). wII E REAS, Chapter 234 of the Florida Statutes authorizes local school districts to enter into agreements with organizations for the use ofschool buses belonging to the school district, and WIIEREAS, the Agency desires to utilize the school buses of:he school district, and WI IEREA. S, Section 234.211 (l)(a), Fla. Stat., provides that each school district may enter into agreements with the governing body ora county or municipality in the school district or any state agency for the use of school buses of the school district for transportation of the elderly, transportation disadvantaged or for an)' county, municipal or state purpose. WI ! E REAS, this Agreement contemplates two (2)use options available to the Organization. Option A is for the provision of buses with drivers and Option B is for provision of buses only. Reimbursement to the School Board shall be based Upon the Option selected by the Agency as determined by this Agreement IT IS TIIEREFORE AGREED: Qp..t~o~ ._5_:._B_u~_a. nd Driver: (l) The School Board shall provide buses with drivers in accordance with the terms provided herein Agenda Ite,a i ! CT 0 o I (2) For each vehicle and dryer, the Orga~i:,-,tion shall reimburse the School Board for the use of the vehicle at the rate of $17.26 per hour and $1.08 per mile and a fee (labor rate as needed) for cleaning and maintenance. 2 ~n_.B - BUS Only: (1) Organization agrees to pay to the School Board $1.08 per operated mile for each bus Operated mile is defined as every mile for each bus. Operated miles is further defined as ever':, mile the vehicle is opera.ted in support of the Organization's Program, whether with passengers or not ar:d to in,:iude necessat3., trips to and from a School Board Transportation Department. Mileage will be recorded and billed by the School Board. Such bus will be returned to the Transpona:ion Department of the School Board at the end of each operating day. The Organization will be ~ssesscd a cleanir, g fee (at a labor rate as needed) for each bus checked back in which is not cleaned (2) S~ch bus will only be operated by employees of the Organization who are licensed and approved as school bus drivers by the Department of Transportation of the School BEard 3 The Agency agrees that all requeqs for use ofb,'ses and drivers will be made at least two xveel.:s I~rior to ti~e date requested. All ser~'ice is contingent upon buses and/or drivers availability · ~ The Agency agrees that in the event of a cancellation the School Board will be given 24 hours advance notice In the event the notice of cancellation is not issued to the School Board with 24 hours a fee ors 25, 00 will be due and payable to thq School Board. 2 Payment for services rendered or due shall be assessed by the School Board by the 10th of'each month and paid by the Agency by the 30th ofeach month. 6. The Agency shall indemnify and hold harmless the School Board from any and all liability of' the School Board by virtue of'these use of'the school's vehicles. '7. The Agency, pursuant to Section 234.211(2)(o), Fla. Stat., shall for purposes of liability for negligence be covered by Section 76S.28, Fla. Stat. 8. The Agency agrees that there shall be no tee charged to passengers on the bus. Fffcctive January 1, 1995, each agency entering into a Transportation Agreement with Collier Cour, tv Public Schools under Option B shall comply fully with the Omnibus Transportation Employee Testing Act of' 1991. The Act requires persons who are operators ofcommercial motor vehicles, including school bus drivers, and who are subject to the requirements of' a Commercial Driver License (CDL), be tested for drugs and alcohol in compliance with the Act. The Agent, may utilize the school district's approved testing lab and the Agency shall pay the costs for each person tested by the laborato~'~ 10. The use of vehicles by the Organization shall at all times be subject to rules adopted by the Schooi Board. 11 This Agreement shall commence on the date first above written and remain in effect through August 31, 1999. 12 This ..\greement represents the entire Agreement between the parties and may not be amended except by xvritten instrument signed by all parties hereto. 13. All the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. Agend~ I t.,em 3 No.~ OCT 0 b 1998 IN WITNESS WHEREOF, the parties have executed tN$ Agreement on the day and ye~ first above v,'ritten. · Sighed h) thc Presence of: Print N'ame,{~%~ ,., ~. i '-~' .TU~ r-.. ,-~'",,. DISTRIC'F SCHOOL BOARD OF COLLIER COUNTY Dr. Dan W. White, Interim Superintendent BY: ~-,-', ~~" i~., Clyde C. Quinby, Chairman Print Name ~', ATTEST: D;':IGHT E. ERDSK, CLERK Approved as :.c~ foyer, and legal sufficiency: E, QLLIER COUNTY PARKS AND "'--" Title: ~~,~ BY: Name: - Title: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,' FLORIDA BY: Barbara B. Berry, Chairman EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN NAPLES COMMUNITY HOSPITAL (NCII) AND COLLIER COUNTY ALLOWING FOR TIIE PERFORMANCE OF AUTOPSIES AT TIIE COUNTY MEDICAL EXAMINER BUILDING OBJECTIVE: To allow for continued autopsy service by NCH. CONSIDERATIONS: NCH is prepared to begin some construction, which will eliminate their ability to conduct autopsies. The hospital conducts a limited number of autopsies and has requested use of the County Medical Examiner building when such a need arises. The agreement provides for a $350 fee per autopsy, hold harmless provisions and requires that County Medical Examiner personnel would be used. The agreement has been reviewed and approved by the County Attorney's office, Naples Community Hospital Administration and County Medical Examiner, Dr. Marta Coburn. GROWTtl MANAGEMENT IMPACT: associated with this agreement. There is no growth management impact FISCAL IMPACT: The agreement provides for a fee of $350 per autopsy. It is estimated that NCtt would conduct fifteen (15) autopsies annually resulting in an annual revenue of $5,250. Funds would be recognized within the Medical Examiner cost center located in the General Fund (001-44710). RECOMMENDATION TItAT THE BOARD OF COUNTY COMMISSIONERS authorize an agreement between Naples Community Hospital and Collier County for autopsy services. Presented and approved by: Thomas W. Olliff Public Services Administrator .o. /vt o_)3 0(21 0 6 1998 LICENSE AGREEMENT TO PERFORM AUTOPSIEE This agreement is between Collier County, Florida, a political subdivision of Florida, ("County") and Naples Community Hospital, Inc., a Florida Not For Profit Corporation C'NCH"). This agreement relates to the Collier County Medical Examiner's Building on Domestic Avenue ("the Facility"). · This agreement is entered into on ~e.,4oLn. g/L. 6 , 1998. This agmement shall continue until terminated. Either party may terminate this agreement by conveying to the other party a "Notice to Vacate" the Facility, whereupon the Facility shall be fully vacated within no more than 30 days following receipt of such Notice. The Count>' hereby grants to NCH a license to use the Facility to conduct autopsies. NCH shall pay to the county a Facility Use Fee of $350 for each autopsy requested by NCH. Each Fee is due and payable not less than 30 days following .the autopsy. NCH is the sole judge of the suitability of the Facility and the County makes no mpr~sentationa that the Facility is suitable for any need ofNCH. NCH takes the Facility "as is" and the County has no obligation to modify the Facility. NCH shall hold the County harmless against each claim ofevery description that asserts that the Facility, or any part thereof or any thing associated with the Facility, contributed in any way, directly or indirectly, to any claim being asserted against NCH and/or the County. This holds harmless provision shall survive termination of this agreement for the duration of the longest applicable Statue of Limitations for any such claim. Collier County Medical Examiner personnel will lx~ used for all autopsy related procedures (except for pathologist services). 'AT'rEST: DWIGHT E. BROCK, Clerk . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and legal sufficiency '14homas C. Palmer Assistant County Attorney By: BARBARA B. BERRY, Chairman NAPLES COMM'UNITY HOSPITAL, INC. EDWARD A. MORTON Executive Vice Preside~ CFO O.o/Ann Grey, Assistant Secretary {J Seal: EXECUTIVE SUMMARY AUTItORIZE TIIE CORRECTION OF A SCRIVENER'$ ERROR CONSTRUCTION AGREEMENT WITII GULFCOAST SKIMMERS TO A OBJECTIVE: To correct a scrivencr's error and provide proper terms on the agreement for the construction of'the grandstand at Sugden Regional Park. CONSIDERATIONS: The construction agreement between the Gult'coast Skimmers and Collier County to complete the grandstand structure at Sugden Regional Park was approved on July 28, 1998. The term of the agreement was incorrectly cited in the agreement as "a minimum of' six (6) months commencing on July 28, 1998, and ending January 28, 1998. The Skimmers agree that all construction and improvements will be completed by January 28, 1998". The correct term should have been from July 28, 1998 and ending January 28, 1999, and the Skimmers agree that all construction and imprbvements will be completed by January 28, 1999. FISCAL IMPACT: None GROWTII MANAGEMENT IMPACT: None RECOMMENDATION TilAT TIlE BOARD OF COUNTY COMMISSIONERS AUTIlORIZF, A REVISION TO 'FILE AGREP.,MI~NT BETWEEN Collier County and the Gulfcoast Skimmers to correct a scrivener's error in the dates of the agreement, Prepared by. _T~.~_..~._~"~_ ~ omas W. Olli~, Pt[]~.~$ervices Administrator Agendn 0 C l 0 1998 SUGDEN REGIONAL PARK GRAN~ST~'D AGREEMENT THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDST~ (Agreement) is entered into on this,, day of~, 1998, between GULF COAST SKIMMERS WATER SKI SHOW, INC., (Skimmers) a Florida Not-For-Profit Corporation, and THE BOARD OF COUNTY COM'M1SSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden Regional Park located in Naples. Florida; WHEREAS, the County executed a construction agreement with the Skimmers £or the same grandstand on January. 7, 1997, and amended this agreement to correct a scriveners error on May 4, 1997, and; WHEREAS, tile commencement Of construction was delayed because of an inability to secure the necessary Army Corps of Engineers permit, and; WHEREAS, completion c,f tile grandstand facility within tile original time frame was not possible due to this delay in permitting, a,d: \VHEREAS. the Skimmers still desire to develop the grandstand facility located at Sugden Regional and complete fl~¢ project to the satisf.action of the County. NOW, THEREFORE in consideration of the mutual Promises and covenants exchantted herein, the parties agree as follows; * ARTICLE 1 Demised Premises Tile premises involved consists of the southeast part ofthe lake as highlighted on the a,t.,.,,zJ .x.I::stt.r Plan Article 2 Term Thc term of this Agreement shall be a minimum of six (6) months commencing on July 28, 1998, and ending Janu;:.w 28, 1999. Tile Skimmers auree that all construction and improvements ,.,,'ill be completed by J;Inuarv 25, 1999 ' .Article 3. Nlodifications to Facility. I. Prior to making any changes, alterations, additions or improvements to the demised premises, the Skimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifiying the nature and extent of the desired alteration, improvement, change er addition, along with lhe estimated starting and completion time for the project, and including factual budget statements showing sufficient funding to complete any phase or phases of' tile changes, alterations, additions or improvements to the demised premises. If upon obtaining the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers (~1 to comp~lete its work within the completion time as approved by the County, County at its may, election, complete said changes, improvements, alterations or additions, in which event all improvements will belong ,.,:) the County free and clear of all liens or claims. 2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the demised premises, to observe and comply with ali present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier and any and all go,,'ernn~ental agencies having jurisdiction. 3. All alterations, improvements and additions to said demised premises shall be made in accordance with all applicable lav,'s and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of County and shall remain for the benefit of County at the end of the term or other expiration or termination of this Agreement in as good order and condition as they were installed, reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days thereafter;, County so directs, the Skimmers shall promptly remove all construction materials, debris and equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove ,',.!t such n:.',.tcrials, debris and equipment upon notice by County 4. Upon commencement oF this Agreement, the Skimmers shall construct the grandstand facility as described above on the demised premises in a business-like and responsible manner, and the Skimmers actions shall not conflict %vith County's regular control and daily operation of the Sugden Regional Park. County will continue to maintain regular activities and services at the Park, but will not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part thereof to be used or occupied daring the construction of the grandstand facility except for the grandstand facility. Article 4 ..\ccc,~s to Construction Site. County, its dui>' authorized agents, representatives and employees shall have the right after reasonable notice to the Skimmers, to emcr into and upon the demised premises at all reasonable hours for the purposes o f inspect ion Article 5 lli(ict:;rlil,,' ;[nd ll~,~ur;:nce I. In consideration ofTen [),)liars (SI0.00), the receipt and sufficiency of which is acknowledged by signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's tees and other charges imposed for any violation of any law or ordinance, whether occasioned bv the neglect of the Skimmers or those holding or acting under Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or from any accident or other occurrence, on or about the demised premises causing injury or death to any person or damage in loss of personal property whosoever and whatsoever during the term of this Agreement and all extensions hereof The Skimmer's obligation under this provision shall not be limited by Agenda_ ~a~, / 0 1.q.q8 Skimmers limit of, or lack ct; insurance protection. The Skimmers shall obtain and maintain with a ~table insurance company, at its sole cost and expense, public liability insurance against property ge or personnel injury arising out of the construction and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand facility. 2. The. Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of this Agreement, comprehensive general liability insurance coverage, including bodily injury and property damage, in the amount of not less than $1,000,000 combined single limits. The Board of County Commissioners of Collier County shall be listed as an additional insured on said policy. 3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a minimum limit of $I00,000.00 each occurrence. 4. All insurance policies required shall be issued and written with a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, with the following qt, alifications as to management and financial strength: 2'he Compan.,, must be rated no less than "A" as to financial rating in accordance x~,ith the latest edition of'the Best's Key Waiting Guide published by A~I Best Company, Inc. The Skimmers and'or Skimmers' general contractor shall deliver to County customary insurance :ate.s of insurance prior to the construction of the grandstand facility which ~:ertificates shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior written notice to Countv. The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such insurance policy shall provide to County, written notice ofcancellation thirty (30) days prior to any such proposed cancellation. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County tbr similar projects. Upon receipt of such notice the General Contrac:or shall have thirty (30) days in which to obtain such additional insurance. Article 6. Utilities The Skimmers will be responsib!e tbr all utility service charges during the constr'uction of the grandstand facility. Article 7. Development Skimmers shall be responsible for the retention of all necessary professionals, contractors and subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be O;ponsibIe for all payments to all of same and does hereby and shall indemnify and hold harmless County u',"', I.o..s, ' oct 0 6'm8 ,.oo4---- J for any claims against Count)' arising out of the construction ofthe grandstand facility. Skimmers shall use all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the project. County may review all bids received by the Skimmers. The facility must be designed as shown in the attached Site Plan. Arlicle 8 Financin~ 1. County agrees to contribute to the development of the facility in the amount of $99.824.30 for the remaining construction ot'the grandstand facility. This amount represents the remaining unspent balance of the project funds of $91,87'7.30 plus interest of $"/,94'/ accrued on thls amount at a rate of 6.2% for County fiscal year 1996=97 and 4.$% for fiscal year 1997-9g to date. The Skimmers covenants and agrees that it ,.,,'ill continue to solicit contributions and donations from other members of the community to help offset the expense of th':. cons:ruction of' the grandstand facility. They shall provide the Counti,' wi:h written updates as :o the :inancing and expenditure of County funds for this project. The County reserves the right upon reasor, able notice to audit the account or accounts for the construction proiect 2. Payments shall be made to the Skimmers within 30 dai,'s of receipt oi~ a sumnmri,' invoice and the supporting invoices from the project's general or sub-contractors, and upon satisfactory review bl,' the County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized representative that the v,'ork was performed toward the design, permitting or construction of the grandstand facility. Article 9. General Provisions___. 1. The Skimmers fully understands that the police and law enforcement security protection provided by law enforce~nent agencies £or the above-referenced demised premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers and shall involve no cost or expense to Cot, at)'. 2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have priority use of the facility for activities, performances, practices, events, and or programs after County activities are scheduled ::s long as Skimmers remains a not-for-profit corporation in good standing and maintains an active ros:t..r oi' at least twenty-five (25) youths ,,,,'ho are 19 years of age or younger. It is hereby ag?end tlmt a sc',',edule of dates tbr activities, performances, practices, events, and or programs shv!l be established in advance by bo:t~ the County and the Skimmers so as to avoid scheduling conflicts. This schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that would interfere with or adverscly affect the operation or maintenance of the County's operations at the park. Article 10, Termination Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for ATgend I OClO cause with a fourteen (14) day written notice. The County shall be sole judge .of non-performance. iounty shall be responsible for payment of ali work performed up to the date of termination Article 11, Effective Date This Agreement shall become effective upon execution by County and Skimmers· IN ~,~,qTNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. As to County: Dated this da)' of 1997 BOARD OF COUNTY COM3,flSSIONERS, COLLIER COUNTY, FLORIDA Attest: Dwight E. Brock, Clerk of Courts By: Barbara B. Berry, Chairman As to Skimmers: Dated this / 0 ~-k day · ~ ~-Pre,.rq .Ca e4e. 1998 WITNESS flinted Name:~a Gulf Coast Skimmers Water Ski Show, Inc. John~'. Gursoy, President (Corporate Seal) Approved as to form and legal sufficiency: · Weigel County Attorney EXECUTIVE SUMMARY EXECUTE CONTRACTUAL AGREEMENT WITH TIlE CITY OF MARCO ISLAND FOR FIRE PROTECTION SERVICES FOR GOODLAND AND KEY MARCO SERVICE AREA. OB,IECTIVE To obtain Board of County Commissioner approval to execute a contractual agreement whh the City of'Marco Island for provision of fire protection services for the unincorporated areas of Goodland and Key Marco. CONSIDERATION: Prior to the Marco Island incorporation, the unincorporated areas of Goodland and Key Marco were provided fire services by the Marco Island Fire District. Go0dland and Key Marco were excluded from within the City of Marco boundaries requiring the Collier County Fire Control District to provide for this service. The City of Marco Island's Charter, Section 8.04, allows f,or fire protection services to be provided through an intergovernmental agreement with Collier Count)'. The terms of`this agreement shall commence October I, 1998 and end September 30, 2000. Thereaf,ter, the agreement shall extend for two additional two (2) year terms and the amount of'payrnent will be recalculated based upon the formula attached in Exhibit A of this agreement. .F. ISCA I, IMPACT: Funds are budgeted in Collier County Fire Control District Fund (148 144300). Total annual FY99 payment to the City of M'arco Island is $56,376.03. GROWTti MANAGEMENT IMPACT: None RECOM?slENDATION: That the Board of County Commissioners approve the attached Fire Protection Agreement f,or Goodland and Kev Marco service areas between the City of Marco Island and the Board of`County Commissioners and authorize the · Chairman to execute same. SUBMITTED BY: REVIE\VFD BY. 'A'/' / ";. Date: '~,'/'.','-'. .;/ ~,~JetTPaee Acting Operation;;Cl~ief:'' EMS Department Date ~ ' ' '~iane B. Flagg, Chief` Emergency Services Department , , / ..... ": L.. / -' Date: "'":" : Leo O,ehs, Administrator SuppOrt Serx'ices Division REVIEWED BY OCT 0 6 INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES This Agreement, made and entered into this day of , 1998, by and between the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as the "COUNTY"), and the City of Marco Island, Florida, (hereinafter referred to as "Cit5"'). WI-IEREAS, it is the desire of the County to provide fire protection to the Goodland and Key Marco areas of Collier County. and WHEREAS, the County desires to provide said fire protection to a portion of Collier County. by agreement with the City, and; WHEREAS, the above referenced portion of the County shall hereinafter be referred to as the "Sen'ice Area" and shall be within the following boundaries: all incorporated property of the County that lies within the area known as Goodland and Key Marco. NOW THEREFORE, In consideration o£ the mutual covenants contained herein the parties hereby agree as £ollows: 1. TERM OF AGREEMENT: This Agreement shall commence on the 1" day of October 1998, and will continue for a period of two (2) years, ending on the 30* da)' of September, 2000. Thereafter, this agreement shall be extended for additional two (2) year terms under the same covenants, terms and conditions, unless either party desires to terminate or renegotiate this agreement. In the event either party desires to terminate or renegotiate this agreement, it shall provide written notice of its intention to the other party not less [ ,o. / OCT O, prior to the expiration date ofthe current term. If the termination is on the part of the City, it will continue such service for a period of time to allow the County to provide such protection. The maximum length of such period shall be six (6) months after the expiration date of the Contract. Payment for sep,'ices during the six (6) month period beyond the expiration date will be based on the monthly prorated amount of the annual contract period. In the absence of the 30 day prior v, Tinen notice of intent to terminate the Agreement by either party, the Contract shall continue in force until written notice is given, or until the Contract is renegotiated on terms mutually agreed upon by the parties. 2. TERMS OF PAYMENT: For the initial two (2) year term, the County agrees to pay the Cit3' the annual sum of Fifty-Six Thousand One Hundred Thirty Dollars ($56,376.03) payable on or before October 31't of each year Thereafter, the amount will be recalculated annually by the City based on the formula at~ached as Ex~hibit A. notice of the new payment amount will be provided, in wTiting, to the County by July I of each year. 3. SERVICE LEVEL: The City. agrees to provide fire protection and rescue services to the ser¥ice area by the City of Marco Island Fire/Rescue Department and equipment available at the time of any emergency call. All decisions on manpower and equipment will be made by the Marco Island Fire Chief, or in his absence, by one of his assistants. Firefighting service will be performed in a professional manner consistent with modem firefighting practices. Fire protection and rescue services provided by the City will include all emergency and non- emergency ser``'ices normally performed by the Fire Department, including all those services required by la',,,'. This Agreement does not alter the Mutual Aid Agreement benveen the City and County. -2- OCT 0 6 1998 4. COMMA2,,'D AT FIRE SCENE: The Marco Island Fire Chief, or in his absence, one of his assistants,- shall assume control and responsibility of all fire or other applicable emergencies in the Service Area where the City has responded. 5. EQUIPMENT AND PERSONNEL: The City shall maintain equipment and personnel necessary to provide adequate fire protection and rescue services to the se~'ice area. The City shall be responsible for properly training all of said personnel. 6. RECORDS: The City agrees to maintain records on all responses and provide statistics as necessary. 7. BREACH OF CONTRACT: Non-compliance with any provision of this A~eement by either party shall constitute a material breach. The breaching party shall have seven (7) days after receipt of written notice of any breach to correct that breach, or if corrections cannot be made within the seven (7) day period, a reasonable agreed upon time shall be given to correct the breach. In the event the breach cannot be cured within such time periods, the non- breaching party, may declare the contract terminated, and shall so notify the other party in writing. In such event, an adjustment in the contract payment shall be made based upon a monthly prorated amount of the annual contract payment. 8. CONSENT OF THE PARTIES: The City hereby agrees not to enter into a contract for fire protection and rescue services with any individuals or organizations within the service area of Collier County without the written consent of the County. 9. NON-APPROPRIATIONS CLAUSE: If for any reason the City or County's governing body does not approve the funds to implement this contract in any given fiscal year. the contract shall be null and void. -3- "°. /:~'-~ 1 OCT 0 6 1998 ~'?'-' I0. NOTICES: Any notices permitted or required by this Agreement shall be in writing and submitted by certified mail, return receipt requested, to one of the following addresses, as appropriate. (a) Notices from the City to the County shall be sent to: Chief Diane Flagg, EMS, 3301 E. Tarniami Trail, Bldg. H, Naples, Florida 34112. (b) Notices from the County to the City shall be sent to: A. William Moss, CiD' M.anager.,. City of Marco Island, 950 North Collier Blvd,, Suite 308, Marco Island, Florida 34145. IN WI'I'~'ESS WHEREOF, the parties hereto, through their duly representatives, have executed this Interlocal Agreement for Fire and Rescue Services. The City of Marco Island, Board of County Commissioners Florida Collier County,. Florida authorized By: By: Harry J. Cowin, Chairman Barbara B. Berry, Chairman Attest: Dwight E. Brock, Clerk By: By: ,Laura Litzan, Deputy City Clerk Deputy Clerk Approved as to form and legal sufficiency for the City of Marco Island, Florida: Approved as to form and legal sufficiency for Collier County: By: Kenneth B. Cuyler, City Attorney 'R~niro Ma. fialich -4- Chief Assistant County Attorney OCT 0 6 1998 WORKSHEET - EXHIBIT "A' COLLIER COUNTY Fire/Rescue Service Contract- payment Calculations STEP 1 $ 2,290,717 52,290,717 458,144 128,556 $3,335,561 FY 1999 Subtotal FY 1999 Fire Suppression Budget Administrative Overhead @ 20% of Subtotal Equipment Depreciation (15 year life) FY 1998 Total FIRE PROTECTION COST STEP2 STEP 3 1.145 $21,786.530 27,450,176 S49,236,706 Mils Total Total Fire Cost $3,335,56 !/$6,175,422 Total City Operating Budget x 2.1205 city millage = Amount City Residents Pay for Fire Protection Taxable Value of Key Marco Taxable Value of Goodland STEP4 S49,236,706 x ,001145 $ 56,376.03 STEP 5. 556,376.03 Net Assessed Value of Real Property of Service Area Multiplied by Millage Factor = Annual Rate for Fire Protection Annual Rate Fire Service Contract between Count). of Collier and City of Marco Island APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 6, 1998 Community Development (Fund No. 113) Budget Amendment No. 98-447 Opcrating Expenses $8.000 Reserves Contingcncy Total (58,000) Exvlanation: Funds are needed for unanticipated expenses for Motor Pool Rental charges. Court Administration (Fund No. 681) Budget Amendment No. 98455 Witness Managemedll Operating Expenses Circuit Corm C051.~ Operating Expenses Total ($25,000) $25,00O o0o Exnlanation; Ft,nds are needed to pay for additional fees associated with court costs and witnesses. Court Administration (Fund No. 681) -- Budget Amendment No. 98456 Court C0unseljnt; Operating Expenses (S5.000) Circuit CourI Operating Expenses $5,000 Total - 0 - .Exp anation: Funds arc needed to pay additional fees associated with court costs and witnesses. Road & l~ridge (Fund No. 101) Budget Ameudment No. 98460 ..Q~,,'rat in u [!xpens~;5 Contractual Services (Sl.526,15) OCT 0 Communication Equiptnent $1,526.15 Total - 0 - ~xplanatron~ Per Finance Department, Purchase Order ~,'as opened under incorrect Object Code. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE OCTOBER 6, i 998 _FOR BOARI) A~TION: MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRE(::TED: Clerk of Courls: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(I), the disbursements for the Board of County Commissioners for the period A. September ? - 11, 1998 B. September 14- 18, 1998 Districts: Big Corkscrew Island Fire Control & Rescue District - audited financial statement September 30, 1997; financial report for September 30, 1997; management letter: budget for 1998; schedule of meetings for 1998-99; and, public facilities report. Collier County Housing Authority - budget for 1998 and proposed budget for 1998-1999. Fo Collier Mosquito Control District - proposed budget for 1998-99; current district map; registered office and agent: and. schedule of regular meetings for i 998-99. Collier Soil & Water Conservation District - proposed budget for 1998-99 and letter; copy of district map; and, schedule of meetings for 1998-99. Cow Slough Water Control District - budget for 1998-99; schedule of meetings for 1998-99; and, audit report for September 30, 1998. East Naples Fire Control and Rescue District - budget for 1998-1999; 1998-1999 meeting/workshop schedule; district map; and, register office and agent. 1'.'nvironn~ental Policy Technical Advisor)., Board - September 14, 1998 agenda. Golden (.;ate Fire Control and Rescue District - September 9, 1998 agenda; rebuttal to management letter for 1997; copy ofdistfict map; budget for 1998; and, proposed budget for 1998-99. Jo Key Marco Community Development District - minutes of meeting held June 3, 1998. - A G E H,D/a, £t4 La~c Tral'f'ord Rcstoration Task Force - Sc~tcmber 4, 1998 agen Ia. No. /~ ~ OCT 06 Naples Heritage Community Development District - minutes of meeting held July 27, 1998. North Naples Fire Control & Rescue District - rebuttal to management letter for 1997; budget for 1998; and, proposed budget for 1998-99. South Florida Water Management District - response to Terry Pride, Sr., Office of Environmental Affairs regarding preliminary comments on the proposed budget. N. South Florida Water Management District - budget for 1998. Minutes: A. Collier County Airport Authority - September 21, 1998 agenda. Co Collier County Planning Commission - August 6, 1998 minutes and September 1998 agenda. Collier County Planning Commission - August 20, 1998 minutes and September 17, 1998 agenda. D. Golden Gate Beautification Advisory Committee - August 11, 1998 minutes. E. Golden Gate Estates Land Trust Committee - July 20, 1998 minutes. 12. J° Ko Historical/Archaeological Preservation Board - August 28, 1998 minutes. MPO Citizen Advisory Committee - September 3, 1998 agenda and staff report on Lee County MPO 2020 Long-Range Transportation Plan. MPO Technical Advisory Committee and Citizens Advisory Committee - September 16, 1998 agenda. Parks and Recreation Advisory Board - August 19, 1998 minutes and September 16, 1998 agenda. Pelican Bay MSTBU Advisory Committee - September 2, 1998 agenda and August 5, 1998 minutes. Pelican Bay MSTBU Advisory Committee - September 23, 1998 agenda. -AGENg~ I~_~EM No._ / Crv ~ · OCT 06 1998 ~XECUTIVE SU~Y RECOMMENDATION THAT THE BCC AUTHORIZE THE PROCUREMENT OF IMAGING HARDWARE AND SOFTWARE. OBJECTIVE: To purchase hardware and software for an Imaging system. gONSIDERATIONS: Funding for an Imaging system was approved for the FY 1998 budget year under 301 Fund guidelines. The selected software system will be purchased from R&S Integrated Products and Services, Inc. under the state contract and integrates with the Imaging system selected by the Clerk of the Courts. The purchase of this system will enable communications between the Clerk, the Court, and the Sheriff's Office operations. The system will provide the Sheriff,s Office with more efficient records retention. The hardware will be purchased from Gateway Computers per the state contract. F~SCAL IMPACT: $200,000 is budgeted in Fund 301. The cost to purchase the Imaging system will be $141,046.00 and is available in: Fund: 301 Cost Center: 611010 Object: 764360 Project: 01007 Facilities Mgmt., Countywide CIP Law Enforcement - Pd. by Sheriff Office Equipment Imaging ~ROWTH IMPACT: $100,000 is budgeted in FY 1998-1999 for additional Imaging expenses. REVIEWED BY: DATE: ~ECO~ENDATION: That the Board of County Commissioners authorize the purchase of the R&S Integrated Product Services, Inc. Imaging soft,are and Gateway Computers hardware for an Imaging system. REQUESTED By: ~~~ formation Technology Division ~n~~ S~ri ff September 18, ]998 wpd51\eximagin\dv AGEI']DA ITEM. 0 C T 6 '1998 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER AND APPROVE A PROPOSED SETTLEMENT OF THE LAWSUIT ENTITLED PENNY RODRIGUEZ VS. COLLIER COUNTY, CASE NO. 97-0060--CA-01-TB, AND TO AUTHO~E TIIE BOARD CHAIRMAN TO EXECUTE THE NECESSARY SETTLEMENT DOCUMENTS. OBJECTIVE: For the Board of County Commissioners to consider and approve a proposed settlement of th lawsuit styled Penny Rodriguez vs. Collier County, Case No. 97-0060-CA-01-TB and to authorize the Board Chairman to execute the necessary settlement documents. CONS IDERATIONS: In January of 1996 Penny Rodriquez (hereinafter referred to as "Rodriquez") filed a lawsuit against Collier County (hereinafter referred to as the "County"). Among other things, this lawsuit alleged that due to the negligence of employees of the County's Parks and Recreation Department, she was damaged insofar as she was physically injured, incurred medical expenses, lost potential earnings and suffered mental pain. The negligence alleged by Rodriquez stated that the County Parks and Recreation Department has a duty to properly maintain and keep in a safe condition equipment, such as swing sets, at the various County parks facilities and that the Parks and Recreation Department failed to properly maintain a swing set at the East Naples Community Park. As a result of this alleged failure to maintain, in September of 1994, a swing set broke while being used by Rodriguez, causing her to fall to the ground and injure her back. Through this date, the County has continued to deny any liability, fault or negligence in this matter. At this time a proposed settlement of this lawsuit has been reached through Court ordered mediation. This mediated settlement has been deemed acceptable by outside counsel, Lawrence S. Pivacek, Esq., thc Collier County Attomey and the Collier County Risk Management Director, Jeff Walker. The terms of the proposed settlement are as follows: 1. Rodriguez will enter into a settlement agreement with the County which will have the effect of dismissing the aforementioned lawsuit with prejudice. 2. In consideration of Rodriguiz's agreement to dismiss the lawsuit, the County will pay her the sum of 28,000.00. In the proposed settlement agree: ~:.n: AGENDA ITEM. o. O61998 County will not admit any liability or negligence r~lative to the incident alleged by Rodriquez in her complaint. FISCAL IMPACT: The County will incur the expense of Twenty-Eight-Thousand ($28,000.00) Dollars from the General Liability Fund No. 516-121650. Additionally, the County will eliminate the costs of defending this lawsuit through trial, the legal fees which would accumulate due to the retention ofoutside counsel and any potential monetary award which the plaintiffcould receive at trial. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider and approve the proposed settlement agreement in the lawsuit entitled Penny Rodrigu~ vs. Collier County. Case No. 97-0060-CA-01-TB pending in the Circuit Court, in and for Collier County, Florida pursuant to the principal terms of that settlement agreement as described in this Executive Summary, and authorize the Chairman to sign the necessary settlement documents after those documents have been reviewed and approved by the Office of the County Attorney, the Risk Management Department and outside counsel, Lawrence S. Pivacek, Esq. P rep ared B y :/~-o~.~ae.,. ~--~ Lawrence S. Pivacek, Esq. Attorney For Collier County Approved By: David C. Weigel County Attorney Approved By: :feff Walker, ARM Risk Management Director Date: ~/,~ 8/~ ~ / Date: ~'..--O Date: AGENDA ITEM. {;CT 06 Pi. ~ SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as "Agreement and Release") is entered into and made on this ~ day of ,1998 by and between PENNY RODRIQUEZ, (hereinafter referred to as "Rodfiguez") and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Collier County"). WITNESSETH: WHEREAS, Rodriguez has initiated and filed a lawsuit on January 8, 1997 against Collier County in the Circuit Court in and for Collier County, Florida entitled Penny Rodriguez vs. Collier Coiunty, Case No. 97-0050-CA-01-TB; WHEREAS, Collier County received a copy of the aforementioned lawsuit on .January 16, 1997; WHEREAS, the substance of the lawsuit filed by Rodruguez alleges personal injury and damages due to an alleged failure of employees of the Collier County Parks and Recreation Department to properly maintain recreational equiptment at the East Naples Community Park, on or around September 21, 1994; WHEREAS, Collier County denies liability for the calims and damages asserted and alleged by Rodriguez in her complaint; WHEREAS, the parties desire to settle and compromise any and all aspects of the issues raised and disputed in the lawsuit between Rodfiguez and Collier County relating to the damages she allegedly suffered as stated in her complaint; NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the panics hereby agree as follows: I. The parties adopt and affirm the recitals set forth above as true and correct as if repeated verbatim. 2. That Collier County agrees to pay the total of Twenty-Eight-Thousand ($28,000.00) Dollars reqresenting the total amount due to Rodfiguez for damages sustained by her when she fell offa swing set at the East Naples Community Park on September ,1994, said amount to be paid in accordance with and subject to the provisions set forth herein. A6£I~I)A rr£M 3. The payment of Twenty-Eight-Thousand ($28,000.00) Dollars, shall represent all amounts due to Rodriguez for the damages alleged in her complaint and will resolve all legal or equitable claims or challenges asseried in said complaint and/or any and all claims or challenges which could have been made by Rodriguez relating to this lawsuit. 4. Payment from Collier County to Rodriguez shall be accomplished by one "lump sum payment of Twenty-Eight-Thousand ($28,000.00) Dollars on or before November 1, 1998. 5. No settlement payment has been made by Collier County to Rodfiguez relating to this matter as ofthis date. 6. Both Collier County and Rodriguez agree to bear their own attorney's fees and costs accumulated as a result of the incident alleged in the complaint and resulting lawsuit. 7. In consideration ofthe payment by Collier County as stated in paragraph three and paragraph four of this Agreement and Release, Rodriguez hereby remises. releases, quits, satisfies and forever discharges Collier County of any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money. accounts, reckonings, convenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Rodriguez now has, or which any person, representative, successor, heir or assign of Rodriguez, hereafter can, shall or may have against Collier County, that refer, arise from or in any way relate to the incident alleged in her complaint and/or as a result of this lawsuit. 8. Rodfiguez agrees to terminate and forever abandon the claims as stated in her complaint, as well as those filed with the Florida Department of Insurance, relative to this matter at such time as the instant Agreement and Release is approved by the Board of County Commissioners of Collier County. 9. Both Rodriguez and Collier County agree that any and all claims which may have emanated from the alleged injury sustained by her on September 21, 1994 are precluded by execution of this Agreement and Release and acceptance of payment of Twenty-Eight-Thousand ($28,000.00) Dollars by Collier County to Rodfiguez. 10. This Agreement and Release shall be construed according to the laws of the State of Florida and any terms of this Agreement and Release may not be changed orally. 1 I. This Agreement and Release shall be binding upon the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, ager AGENDA ITEM.. and assigns and shall inure to the benefit of the parties, their heirs, administrators, representatives, executors, beneficiaries, employees, agents, successors and assigns. 12. The parties have not been influenced in any manner or to any extent to enter into this Agreement and Release by any representative or statements of the other parties, or by any person or persons representing any other party. 13. All parties hereto understand and agree that there are no oral or other agreements, arrangements, representations or understandings between them relevant to the matter covered and understood by this Agreement and Release. 14. This Agreement and Release is intended to compromise and resolve all differences and claims between the parties relating to any and all damages incurred by Rodriguez on September 21, 1998 at the East Naples Community Park and the challenge thereto and and in no way constitutes a precedent or an admission ofany party of liability for any claims of the respective parties. However, should the Board of County Commissioners of Collier County fail to approve this Agreement and Release, the parties are in no was waiving any claim or defense relative to the matter contained herein, The parties also agree that nothing in this Agreement and Release shall preclude or limit either party from enforcing this document's terms in the event ora breach by either party. 15. Should any provision ofthis A~eement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be effected thereby and such an illegal or invalid part, term or provision shall be deemed not to be apart of this document. 16. This Agreement and Release sets forth the entire agreement by and between the parties hereto and full)' supersedes any and ali prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. IN WITNESS WHEREOF, the parties, by their duly authorized agents have signed and sealed this agreement on the date set forth adjacent to their signatures. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR.DA By: BARBARA B. BERRY Chairman AGENDA ITEM. OCT 0 6 1998 Approved as to form: Lawrence S. Pivacek Attorney At Law WITNESSES: (1). Signature Penny Rodfiguez (Signature) Printed/Typed Name Printed/Typed Name (2) Date Date Signature PrintedfYypcd Name Date vERIFICATION PROVISION PENWY RODRIGUEZ, plaintiff in the instant litigation, hereby swears and affirms of her personal knowledge that she has read and understands the settlement agreement and mutual release, the terms and conditions thereof, and accepts own free will and volition. By execution hereof, Penny Rodfiguez swears and af AGENDA that she is one and the same person as the plaintiffin the instant litigation and attests to the validity and authority ofher signature thereto. PENNY RODRIGUEZ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of October, 1998, by PENNY RODRIGUEZ, who is personally known to me or who has produced as identification and who did take an oath. (Notary Seal) Signature of Notary (Print, type or stamp commissioned name of Notary Public) AGENDA ITEM. No.. Ho t~'~ fj'~ OCT 06 1998 EXECUTIVE SUMMARY EXECUTE AND THEREBY ACCEPT AN AVIGATION EASEMENT OVER SECTION 13 OF THE FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT (PUD) FROM DY ASSOCIATES JOINT VENTURE TO COLLIER COUNTY AND THE COLLIER COUNTY AIRPORT AUTHORITY. OBJECTIVE: For the Board of Count.,,' Commissioners to execute and thereby accept an avigation easement over Section 13 of Fiddler's Creek PUD from DY Associates Joint Venture to Collier County and the Collier Count>' Airport Authority. CONSIDERATIONS: Section 13 ofthe Fiddler's Creek Planned Unit Development. which is owned by DY Associates Joint Venture. lies under the flight paths and approaches to the Marco Island Executive Airport. In order to protect the Count>' from disruption of the flight paths and approaches to the Marco Island Executive Airport the attached avigation easement from DY Associates Joint Venture to Collier County and the Collier County Airport Authority needs to be executed by the Board of County Commissioners. The avigation easement was reviewed ahd accepted by the C~llier County Airport Authority on June 8. 1998. The avigation easement and this agenda item have been reviewed and approved by the County Attorney's office and Real Property. GROWT}I MANAGEMENT IMPACT: None. FISCAL 1MI'ACT: The cost to record the avigation easement will be paid for by the Collier County Airport Authority out of 495-192370-649030. RECOMMENI)ATION: Staffrecommends that the Collier Cot, ntv Board of County Commissioners execute and thereby accept the attached avigation easement from DY Associates Joint Venture to Collier Count.,,' and the Collier County Airport Authority and that the Collier County Airport Authority record the avigation easement upon acceptance by the Collier County Board of County Commissioners. PREPARED BY: APPROVED BY: Jo, sj*nne Learner. Finance M~ager .loh~,H/Drury. E~'ec'u~ DATE: DATE: AGEND~ OCT - 6 1998 951 L~ND IlOLDINGSJOINT VENTURE March 24, 1998 4~ml Tam~m Trad ~h ~u,~e Mr. John Drury, Executive Director Collier County Airport Authority 2003 Mainsail Drive Naples, Florida 34114 Re: Avigation Easement Section 13, Fiddler's Creek Dear John: Attached per our prev;ous discussions, please find the Avigation Easement for Section 13 of the Fiddler's Creek project. This document has been signed by all of the parties on our end and needs to be finalized by the County. Please copy us once this doucment is completed. Thank you. Sincerely, 951 LAND HOLDINGS JOINT VENTURE Mark P Strain Vice-Pr 9sident, Planning MPS/clt Enc.:as noted A~ENDA OCT - § 1998 Pg. f 4001 TIm~m~ T~ No~n Su, te Th~ instrument PreD~te~ ~ Jose~ L~ Pl~ Suce 350 Na~. rL 34103 AVIGATION EASEMENT SPACE ABOVE THS L~F. ~cO~l P~aOCE SSe,IG D~'rA AVIGATION EASEMENT over Sachon 13 of the FCdlar'e Creek Planned Unit Development RE the Marco Island Execubva Airport Parcel ID Development. lac and Parcel Y Development. lac. doing business as DY ASSOCIATES ,JOINT VENTURE ('Granlor'). owns the fee ~le to 'Grantor's land' in Col ar County. Florida, namely a porbon of Sect]on 13 of the FCdlar's Creek Planned Uml Development. as described on altached Exhib~l 'A' Grantor ackncwiedges race,p! tram Grantee at one dollar and other good and valuable consclerat~n. ~nclud, ng lhe Colher County Airport Au~o,ty's ('Authonty'} adopbon, continual]on and enforcemenl, to lhe ax'lent allowed by law o,~ no,se aba:emenl adwsones The suffioency of !he consideratJon /s acknowledged by Grantor Grantor conveys Ih~s AWation Easement to COLLIER COUNTY and lhe COLLIER COUNTY AIRPORT AUTHOF~ITy (collectrvely 'Granlee'). and any successors and assigns as owners or operators of I~a Airport Th~s easemenl is al:'purtenanl to the Marco Island Executrva Airport ('Airport'). which Airport is owned by Granlee and ~s leased by Granlee to the Authority Th~S easement ~s conveyed to Granlee for the use and benefit of ~he pubhc This easemenl shall run With Grantor's land. shall hal atYect any olher r~ghts, d any. Gran ne and/or the A~rporl olherv, nse have to conduct a,craff operabons over G~'antor's land. and shall be recorded in the pubhc records at Collier Counb/ Th~s easement ~s tar normal flight of Aircraft (as hereafler defined) through a 'Right to Flight Area' above a po~on of Grantor's land. which area is space in the aft that m h~gher in elevabon than venous tmag~nanf Federal Av~abon Regular]on. Part ?7. surfaces (a $4 to 1 slope approach sudace. 7 to '1 slope Irans~onal surfaces honzontat surfaces that have an elevabon of 155 9 feet above Mean Sea Level {'MSL'). and 20 to 1 slope conical surfaces) as applied lo this 'other than uIH~¥ non-~ec~on instrumenl approach airporl having ~s~b~ minimums of greater than three-quariers (3/4) of a statute mile All such sudaces and elevabons are show~ on Exhibit 'B'. All R~ght Io FI)ght Area elevabons are calculated from a base elevabon of MSL plus 5 g feet At the po~nt where the elevation of ~e approach surface meets I/'te height of the hoitzonlal surface (15.5 9 feet above MSL) that meebng point has a horizontal d~stance of 5.303 4 feet ~r:)m the north edge of the paved surface of the runway and at Ihat d~Slance has a wcith of 1,520 68 feel Grantor hereby grants to Grantee. its Successors and assigns, even/where ~l~hin lhe *Right to F~ht Area* r~ghts of i'l,Dh! for defined Aircraft. including taking off from and landing at the ,Nrporl, and all other normal in the art operat]ons conducted Ia and/or from the Airporl These rights of fl~ghl include e~fects, such as noise, caused by Aircral~ conducting such normal operabons ~:0nt]nualJgn of Pas~..~.~ncl Current O[:)erations This easemenl envisions pe.'petuabon of all types of Aircrall operahons that have been or are now being conducled al the Airport l'he pa~es agree that all pasl and all currenl operabons ~n Ihe a~r over Grantor's lands are 'normal' ooerations for Ibis type of Airport. One take off ~s one oDerabon One land~ng is one operat]on One '1ouch and go' land~ng and lake-off, wffhoul a stop. ~s two operabons ~_hC.J.~f[ All class A.I.A.II. and B-II A-craf~ (per FAA Adv~Ocy Circular 150,~300.13 CHG 4. deled 11/10,I~) are 'A~rcrafi' as such le,m is ~.,s,~d herein A, cter~ operate on final approach al air sPeeds of less than 121 knots (stall speed mulbphed by 1 3) and/or that have a wingspan of up to but nol including seventy.mae (?g) feel The number of opetahon by such A,cratl to ~")d from lhe A, Dort are planned and e~pected to Increase to mde(ermrnate numbers AGENDA OCT - 6 N._~Y~cat mtru~n into the Riaht lo Fl~3ht Argo_ No man m~e o~e~ or any natural gr~h ~.11 ~tr~e h~ Grantors I1~ into ~ny ~t ~hin the R~ht to Fight Arll Grantor m here~ grant~ r~h~ to have remo~, of ca~ to ~ mark~ or cause to ~ ~ltu~at~ (11 o~ttu~ all ~s tre~ and/or a~ other fixed o~effi, ti a~. that may e~r i~r~e horn Grlnlof's lo F~hl A~ea dun~ the dura~n of ~ easemenl Grantee m~ u~ a~ then ex~ pub~ ~ree~ .~ III ~en e~ ~le s~eel~ ~tn ~e ~unda~ of Gfanlor't I~nd Io ca~e Iny luch ~tr~ o~ ~ ~ rem~d. to ~ mark~ ot lo be illuminated. Nolhmg on Grantor's land now inlr~es into Ihe R~hl lo Fight Area ~sf~rp~h~ 0f Easement. Th~ easemenl ~ transferable ~ Grantee !o any other transferee, ~, Il Ihe brae of ~ansfer. lhe Uansreree has (a) tile Io ~e Nr~d and ~) ~r I~ G~antor s land a~ least as e~e~e as Grantee's then e~fi~ ~r and aulhm~ Io conlrol such o~ra~ns ~er Grantof's land [~Lajx~n oF E~l~emen_t Th~, easemenl and all rights here~n granted shall con~ un~, when a~ ~. t~ ~ 5 no ~er ~ as an ar~. ~ ~ch ~ent ~e lhen ho~er ofl~ easement shall vacate I~ ea~m~t ~ ,hall reco,d thai v,c,.n ,n~ Pu~ R:::rd., o, Coil,., Coun~ E~ecut~ ~ Granto~ th~ ~ day of ~. 1998. S~gned sealed and delrvered in the presence of Witnesses Pr,hi Name _/J .'T. ~ '-.~.~ i'"~f~' Prm!Name _ ~ t(/.~j./(i DY ASSOCIATES JOINT VENTURE By' Parcel D Develoloment. Inc. I Flonda corporation STATE OF _ //J ~ ) ) COUNTY OF -- ) The lorego,ng mslrument was acknowledged before me Ibis _~.. day of. -- ~"~'J~ ~'1~) as ~'~7~'~ On behalf of ParCel D De;elopmenl. Inc Nota~public Com~ssion No ' My Comm~ion Ex~tes Personally known Io me ~OR Produced Idenblicabon Type of K/enhficabon produced W~tnesses Pnn! Name F ~r& L~.L~AL,ZAe~£M£NTS,$eClK~ JAMEs J MI:CAR'/Ny I"~*OT.A~y PUBLIC $~,11~ er New ¥~ By Parcel Y Development. Inc, e Flonda corporation No._ I_~/:3 b) OCT - 8 STATE OF. _ ) ) SS: COUNTY OF ) ~ , . was acknowledged r ~ Comm~n E~fes Personally known to met/O/R Produced Idenbficebon Type of i~enUfication produced ATTEST DWIGHT E. BROCK By; Depu~ Clerk Approved as Io form and legal sufficiency JAMES J Ik&r. CAR?H¥ NOTARY I:~dBLIC Sta~, of New Yo~'k Te~m Emp~t January 6. 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Barbara B. Berry, Chairman COLLIER COUNTY AIRPORT AUTHORITY Chairman AGEN6A ITEM 0CT - § 1998 Pg. ~ EXHIBIT #A" LEGAL DESCRIPTION SECTION 13 OF THE FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT ALL OF SECTION 13, TOWNSHIP 51 SOUTH. RANGE 2~ EAST. LESS THAT PORTION LYING NORTH ANO EAST OF U.S. HIGHWAY 41, COLLIER COUNTY, FLORIDA. AGENDA OCT - 6 // // OCT - 1~ EXHIBIT "8" AVIGATION EASEMENT HOLE, ~:~TES & ASSCX~TES, H~~~"*,~.~ ~-~' MA~~RCO ISLAND AIRPORT c..*.,o ,. ..:,,.. ,. 8- 8U~vEy W.T.C 93 1,12 ?,s lo., s~ s....~... ~ ~,o: - ,~.: (,,~) .:.,,,~ / ZONING MAP OVERLAY EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT THAT INCREASES TIlE BUDGET FOR FUEL SALES AND INCREASE S APPROPRIATIONS BY $75,600.00. .O.B.IECTIVE: For tim Board &County Commissioners lo approvc a budgct amcndmcnt thai will increase Ihe budget for fuel sales and increases appropriations by $75,600.00. ...CONSII)ERATIONS: Fucl sales at the Marco Island Executive Airport have exceeded the amount budgeted of $130,500.00 for avgas sales and $458,000.00 for jet fuel sales. It was originally anticipated that 64,000 gallons ofavgas and 200,000 gallons &jet fuel would be sold during fiscal year 19')8. Actual sales through thc end of Attgusl 1908 have reached 91,746 gallons of avgas and 216,272 gallons &jet tirol which have resulted in $184,808.96 and $479,386.64 of revenue respectively. The increase in avgas sales is related to the increased number of charters being done by Marco Aviation, a tenant at the airport. The increase in.jet fi,el sales is a resull ora strong economy. To keep up with the high demand for fuel, the airport has purchased more fuel than anticipated too. The airport appropriated $89,600.00 to purchase 64,000 gallons of avgas and $210,000.00 to purchase 200.000 gallons of jet fuel. Actual purchases through the end of August 1998 have been 94.455 gallons ofavgas at a cost of $120,368.96 and 222,335 gallons of jet fuel at a cost of $216.332.98. An additional 8,000 gallons ofavgas at $1.27 per gallon and 14,800 gallons of jet fiicl at $1.00 per gallon are anticipated to be purchased by the end &the fiscal year bringing the Iotal purchases fi~r fiscal year 1998 to II 0,355 gallons of nvga.~ n! a cost of$130.528.o6 and 2.1.t.o~5 gall,m, ofje! fuel at $231,132.9g. (; ROWTI i MANAG EM ENT IMPACT: None. FISCAL IMI'ACT: The budget amendment xvill increase the following accounts: , ;, FY t=,,~ ~' 495-192370-3,14240 495-192370-344260 495-192370-642415 495-192370-642416 495-010¢}I0-991000 Avgas Fuel Revenue Jet Fuel Revenue Avgas Fuel Expense Jet Fuel Expense Reserves $54.300.00 $21.300.00 $41,000.00 $21,200.00 $13.400.00 AI)PROVEI) BY: RECOM,M ENI)ATI()N: Staff recommends that II~c Collier (.'o.nly Board of County Commtssioners appr,ve a budget amendment that will increase the budge! for fuel sales and I'I~.EPAREI) IIY: ~ - ~/DATE: AGENDA. ITEM OCI - § 1 98 pg. )