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Agenda 09/22/1998 R COLLIER COUNTY · - BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, September 22, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ~ NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF ~ MEETING ANI} WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARO WILt, NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY ~ TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS M_ABE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES ~ PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO lff}0 P. bL 1. INVOCATION - Father Tim Navln, SL Peter the Apo~ie Cathoik Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. September 1, 1998 - Regular meeting. B. September 2, 1998 - Pelican Bay meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1 September 22, 1998 1) Proclamation proclaiming week of October I through Octolw. r 7, 199~ as United Way of Collier County Campaign Kick-Off Week. To be accepted by Shannon Anderson, Campaign Development Director of United Way and Ern~e Bretzmann, Executive Director of United Way. 2) Proclamation proclaiming September ~0, 199~ as partners In Education Recognition Day. To be accepted by Danielle S. Poff, Partners in Education Coordinator. SERVICE AWARDS 1) Raymond Bellows, Planning Services - 10 Years 2) Cheryl Wilson-Watson, EMS - 10 Years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request for interpretation of the provisions of the Westview Plaza PUD relative O to access to and from Donna Street. 2) Recommendation to approve and execute the Transportation Disadvantaged Funding Agreement between Collier County and Good Wheels, Inc. B. PUBLIC WORKS 1) ..~0NTI'NUED FROM 6/9/98 - Corridor Study for the Extension of Santa Barbara Blvd. South between Davis Blvd. And Rattlesnake-Hammock Road (Project No. 60091) CiE No. 32. C. PUBLIC SERVICES 1) Consider three alternative methods of distributing beach parking permits. D. SUPPORT SERVICES K. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendatkm to uphold Collk. r Cmmty Board of Cotsnty Commlss~ners' August 4, 199~ ~ to appruve tbe final plat of Twin Eagk~, phase One. 10. BOARD OF COUNTY COMMISSIONERS 2 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A.COMPREHENSIVE PLAN AMENDMENTS ZONING AMENDMENTS 1) Petition No. R-98-3, Laura Ryan of Wilkinson and As.~ociates representing Habitat for Humanity of Colller County, Inc. requesting to change the zoning clam/flcatlon of a property from "A-MHO" Agricultural with Mobile Home Overlay to "VR" Village Residential District. The subject property is located on the north side of Carson Road approximately one mile north of Lake Trafford Road in Section 30, Township 46 South, Range 29 East, Collier County, Florida. This site consists of 39.9 acres. C. OTHER 13. BOARD OF ZONING APPEALS PUBLIC HEARINGS ADVERTISED 1) Petition No. V-98-13, Brian Jones of Tamiami Builders representing Robert Phelps requesting a $ foot variance from the required side yard setback of 15 feet to 10 feet for the west side of a proposed storage building for a property located at 2255 Linwoud Avenue between Davis Boulevard and Tamiami Trail Ear,. 2) CONTINUED FROM SEPTEMBER 8, 1998~ Petition V-95-10, Sharon M. Zaccaro, representing the Estate of Kenneth Culloden, requesting an After-the- Fact Variance of 46.5 feet from the required rear yard setback of 75 feet to 28.5 feet for property located at 2300 Golden Gate Boulevard, further described as the south half of Tract 16, Golden Gate Estates Unit 8, in Section 7, Township 49 South, Range 27 East, Collier County, Florida. 3) Petition No. CU-98-15, Terrence Kepple representing Branmar Company, Inc., requesting the approval of a conditional use for a truck rental business on a C-4 zoned property located approximately two miles east of Rattlesnake Hammock Road on US-41, and further described as Lots ~; through 6, Block One, Naples Manor Lakes, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY'COMMISSIONERS' COMMUNICATIONS 3 S~i:Rember 22, 1998 16. CONSENT AGENDA - All matter~ listed under this item are considered to be routine and action will be taken by one motion without separate dlgussion of each item. 1t' discussion is de, red by a member of the Board, that item(s) will be removed from the Consent Agenda and cousidered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve the final plat of "Naples Walk" 2) Recommendation that the Board of County Commissioners approve a budget amendment to transfer funds to cover legal settlement charges and fire plan 3) Recommendation to approve Excavation Permit No. 59.654 "Jolly/Evers · Commercial Excavation" located in Sections 8 and 17, Township 48 South, Range 28 East: Bounded on the south by 41'~ Avenue NE, and on the north, east and west by land zoned Estates. 4) This item has been deleted. $) Authorize the Chairman to sign the Agreement for the Florida Department of Environmental Protection Derelict Vessel Removal Grant. 6) Authorize the Chairman to sign the Agreement for the Florida Department of Environmental Protection Special Waterway Projects Grant. 7) Request to approve for recording the final plat of'~Bay Laurel Estates at Pelican Marsh Unit Twenty-One", and approval of the performance security 8) CONTINUED FROM SEPTEMBER 8~ 1998. Lien Resolutions - Code Enforcement Case Nos. 70115030 Guy J and Ruth B larussi; 71110.034 Guy J and Ruth B Iarussi; 71119-014 Guy J and Ruth B larussl; 71217-046 Guy J and Ruth B Iarussl; 71217.048 Guy J and Ruth B larussi; 9) Authorize the Chairman to sign a Grant Agreement with the U.S. Fish and Wildlife Service for funding exotics removal in the Lely Barefoot Conservation easement area. 10) Request to approve for recording the final plat of Twin Eagles Phase One and approval of the performance security. B. PUBLIC WORKS 1) Approve Change Order No. 1 to Work Order ABB-FT98-3 for Profe~ional Engineering Services with Agnoli, Barber & Brundage, Inc. for Imperial West/Landmark Estates Drainage Project. 2) Approve Bid #98-2823, Purchase of Limerock and Fill Materials. 3) Approve purchase of Landscape Maintenance Equipment from Barry's Gavely Tractors, Inc. 4) Approve a budget amendment in the amount of S36,000 for the Goodland Water Assessment Bonds, Series 1982. 4 September 22, 1998 C. PUBLIC SERVICES 1) Amend Chapter 89-449 to authorize activities as it relates to County parks. O 2) This item has been deleted. 3) Acceptance of Library Long Range Plan in order to qualify for FY 1999 Library Operating Grant (State Aid to Libraries) admlnlstered by the Florida Department of State, Division of Library and Information Services, and permission for Chairman to sign application. 4) Authorize the Chairman to execute the annual contract between Collier Coun. ty and the State of Florida Department of Health for operation of the Collier County Health Department. 5) Re~iuflon of the Board of County Commissioners of Collier County, Florida, approving the conveyance by Collier County of The Marco Racquet Center;, Jane Hitler Park; Frank Mackle Park; Lelgh Plummet Park; Winterberry Park; Tract "C" Park; Tract "D' Park to the City of Marco Island, Florida. Approval of Bill of Sale Documents. 6) Amend the Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. D. SUPPORT SERVICES 1) Approval of the renewal of the Property & Casualty Insurance Program. O 2) Authorization to purchase NO.AA Weather Radio Transmitter System. 3) Award Bid No. 98-28.33, Annual Agreements for Title Commitments. 4) Approval of a Resolution, County Grant Application, and the Grant Distribution Form for EMS Medical Equipment. 5) Award Bid No. 98-2824 for the purchase of uniforms for the Emergency Medical Services Department. 6) Approve a budget amendment to appropriate the Maintenance Service Revenues for Reimburscment of Operating Expenses. 7) Approval of a Resolution updating the Collier County Ambulance ~ervice User Fee~ E. COUNTY ADMINISTRATOR I) Budget Amendment Report F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. IL OTHER CONSTITUTIONAL OFFICERS 5 September 22, 1998 1) Recommendation that the Board of County Commissioners approve a budget amendment in the mount of $730,000 tr'snsferrtng funds from reserves to redemption of krug-term debt Pine Ridge Industrial Park and Naples Preduetlon Park Special ~ent Bonds 1993. L COUNTY ATTORNEY J. AIRPORT AUTHORITY 1'/. SUMMARY AGENDA - A!.I, ITEMS APPEARING UNDER THIS SECTION MUST MEET THE FOLLOWXlqG CRITERIA: 1) A RECOMMENDATXON FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHOi~!7.1NG AGENC1F_.S OF ALL MEMBERS PRF. SEI~ AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORI7JNG AGENCIES OR THE BOARD, PRIOR TO THE CO1VIMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. Petition No. CU-gf~.I2, Jeff Davtdson repr~entlng Joseph D. Bonness~ HI, Trustee of Southern Sand and Stone~ Inc., r~que~lng the approval of a Conditional Use for an earth mining activity on a parcel of land zoned "A" Akn'icultural located on O11 Well Road approximately 4.5 miles east of lmmokalee Road in Section 16, Township 48 South, Range 2ii East, Collier County, Florida. B. Petition No. PUD-9S-4(1), Agnoli, Barber and Brundage representing Pipers Boulevard Medical Office Center seeks to repeal the current Pipers Boulevard Medical Office Center PUD and to adopt a new PUD, in order to add 0.19 acres of land to expand the existing parking lot by providing additional parking spaces and adding related landscaping and buffers. The applicant also wishes to amend the PUD Master Plan to provide additional access points to the site. C. Petition AY. 9g-017 to vacate poriions of special preserve ea.sements in Lots 7,8,14,15~22,44,4S,46 and 47, according to the Plat of aQuali West Unit One, Replat", as recorded in Plat Book 21, Page 84, and to vacate portions of speeial preserve easements in Lots 27~.~ and 29, according to the Plat of ~uall West Unit One, Replat Block C", as recorded in Plat Book 24, Page 37, and to vacate portions of speclal preserve easements in Lots 1 and 2, Block H, according to the Plat of ~h~ali West Unit One, Replat Blocks G and H% ts recorded in Plat Book 22, Page 36, all in the Public . Records of Collier County, Florida, and being located in Sections 7 and 8, Township 48 South, l~nge 26 East. D. Petition AV. 9~N)6 to vacate a portion of the platted I0' wide utility easement along the north line of Lot 17 and to vacate a portion of the platted 10' wide utility easement along the south line of Lot 18, according to the Pint of "Hawksridge Unit Two", as recorded in Plat Book 24, Pages 77 through $1, Public Records of Collier County, Florida. E. Update approval for Ordinance No. 91-71, The Collier County Fire Prevention Code F. An ordinance amending Collier County Ordinance 93-~, The Collier County Swimming Pool Code 6 September 22, 199S G. An ordinance amending Ordinance 96-83, The Collier County Building Constructlon ~= Administrative Code IL An ordinance adopting the National Electrical Code, 19~6 Edition, and amending .... Ordinance 95-18, the Collier County Electrical Code An ordinance amending Ordinance 95-17 Collier County Mechanical Code Ordinance J. An ordinance amending Ordinance 95-21, The Collier County Gas Code Ordinance K. An ordinance amending Coil|ct County Ordinance 95-21, The Collier County Structurat/Buildlng and Hurricane Ordinance, as amended by Ordinance No. 96-26. L. ~I~S ITEM HAS BEE~ WtTHDRAWN~ An ordinance amending Collier County Ordinance No. 87-20, being the Collier County Coastal Construction Code. M. Approve the Rate Resolution to adjust Landfill Tipping Fees, Residential Annual Assessments and Commercial Waste Collection Fees. N. To adopt a resolution approving amendments to the Fiscal Year 1997-98 adopted budget. 18. ADJOURN TY ADMINI TRAT R' FFI E AT 774-8383. 7 September 22, 1998 AGENDA CHANGES BOARD OF CO~lb~l~ COMM~SSIOHEP~' ,4DD: ITEM S~(I) -APPROVAL OF A $320,000 TRANSFER FROM GENERAL FUND I~.SEaVES TO THE EMERGENCY MEDIC. dE SERV~CY.$ PV~"D. (STAFF'S aDD: ITEM I O(A) - DISCUSSION REGARDING THE FILM COMMISSION CONTRACT. (COMMI~IONER BEI~ I9. MOVE:~ ITEM 12(Bl(ll TO 17(0~ - PETITION NO. R-9S.3, HABITAT FOR HUMANITY REQUE.YT1NG A (~IANGE TO THE ZONING EI..ASSIFICATION OF A PROPERTY FROM "A-MHO" AGRICULTURAL WITH MOBILF. HOME OVERLAY TO uVR" VILLAGE RESID~ DISTRICT. LOCATED ON THE NORTH SIDE OF CARSON ROAD A~PROXn4~T~L Y ONE MILE NORTH OF LATE TRAFFORD ROAD. (STAFF'S WITHDRAW.. ITEM 160'))(7) ; APPROVAL OF A RESOLUTION UPDATING THE COLI'.IER COUNTYAMBULANCE SERVICE USER FEES. (STAFF'S REQUEST). NOTE FOR THE RECORD: · ACTIVITIES AS IT RELATES TO COUNTY PARK - AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AND AMENDING ORDINANCE 95-18, THE COLLIER COUNTY ELECTRICAL CODE. ~VI4k'RF.A~, the Cd#tr County Education Fo~daflon ~ d~lo~d o p~m, ia WHEREAS, this organization is called Partner~ in Education and owe LO00 ~ . bo, ine~s~ and ¢omtnun#y yrou~ a~iwly i~tidl~t= annu~ltF;, and the Pactner~ in Education th/rd annual recqn#ion luncheon ,dll b~ WH~R~4$, it is to this NOW DONE AND ORDERED BARBARA 8. BERRY, ATTeSt. A~p.,Aj~ SEP 1998 ~X~CU'rIV~ SUMMARY REQUEST FOR IN'IT, RPRETATION OF THE PROVISIONS OF THE WESTVIEW PLAZA PUD RELATIVE TO ACCESS TO AND FROM DONNA STREET. The Westview Plaza PUD contains a provision which places a pwhibition on physically connecting Westview Drive to Donna Street. It is clear that the Board, by this condition of approval, wished to pro.'bit any interconnection between Westview Drive and Donna Street, however, several of the lots within this PUD have frontage on both Donna Street and Westvicw Drive. Staffhas received an inquiry by the Girls. and Boys Club of Collier County ms to whether the language in the PUD is intended to prohibit any access to Donna Street, or only to prohibit interconnection between Donna Street and Westview Drive. While it is clear that the prohibition on intercotmection is intended to rnlrtlmi:,e impacts on Donna Street, it is not clear whether those lots with frontage on both Donna Street and Westvicw Drive may only be accessed via Wcstvicw. Therefore staff is requesting clarification of thc intent of this section of the PUD. CONSIDERATIONS: The Westview Plaza PUD contains the following provision: 3.3 STREET MODIFICATIONS The developer will eliminate the existing pavement connection of Westview Drive and Donna Street. Although the Westview Drive fight-of-way will continue through to Donna Street, for possible future re-connection, the pavement connection will be moved and a turn around provided at the easterly end of Westview Drive, so that access to Westview Plaza will be allowed from Airport-Pulling Road, only. It is somewhat unclear, from the above langm_age, whether or not it was intended that lots contiguous to Donna Street would be prohibited from having driveways which would access Donna Street. A literal interpretation of the above could mean that the concern for prohibiting traffic impacts to Donna Street were limited to Westview Drive, which by virtue ofit~ eotmection to Airport Road could serve as an alternate route for traffic with a destination from Airport Road to ~ome area lying east of Airport Road. Additionally, development along Westview Drive itself could malmanfially impact Donna Strut in thc event the two road~ physically interconnected with one another. On the other hand the prohibition doe~ not ~ directly to the pom'bility that lot~ eontiguo~ to Donna Street may or my not.be developed with driveway connections to Donna Street. r iv d Club Col"= Co , intere, ted in acq~g land eonfiguotm to Donn~ Street but who feel acc, eva to Donna S property is essential. We understand the applicant wishes to have access to Donna Str~ allow for employee access as well as drop off and pick up facilities for children by the vehicles and buses. Staff is of the opinion that this matter is sufficiently unclear that we could not simply direct the Boys and Girls Club of Collier County to make application to amend the Westview Plaza PUD because we concluded that an interpretation may provide a more expeditious window of opportunity. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. STAFF RECOMMENDATION: That the Board determine that the intent of Section 3.3 of the Westview Plaza PUD is to minimize the traffic impacts created by the Westview Plaza PUD on the Donna Street and that, with respect to lots with frontage on both Donna Street and Westview Drive, access fxom Donna Street is limited to a secondary means of ingress and egress with primary access for these lots to be provided from Westview Drive. The intent of the Board's prohibition on intereonnection between Donna and Westview was to minimize impacts on Donna Street from the Westview Plaza PUD. Allowing a primary access to lots in Westview PUD from Donna Street would conflict with that intent. PREPARED BY RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP DATE PLANNING.SERVICES DEPARTMENT DIRECTOR VlNC~N:r A' C-AtTTERO, AICP, ADMINISTRATOR DATE COMMtrm zV. zNvmomvmN-rA svcs. WF...STVIEW PLAZA PUD EX SUMMARYhnd S£P 2 2 1998 2 i I · i ! · SEP ~ ~ SEP 2, 2 1998 ~~ c .... .. ~ lGiftsOub ~J G~r~ August 20. 1998 ~ Collier ~ ~. ~ ~s & G~ Club F~ ~ ~ ~ C~n~ r~r Na~. ~ ~lO1 ~ Mr. Ron Nino Pho~; {941} 77~1~ ~~~ Cu~ent Pl~ing Manager F~: t~l) 77.1915 ~~ Collier County Gove~ent v ~ 2800 No~ Horseshoe Drive ~x~~~. Naples, FL 34104 J~ ~ ~ ~ ~ De~ Ron, ~ ~ ~e Boys ~d Girls Club of Collier County is requesting a detemination of ~n~v~:~ the Westview PI~ PUD to dete~ine if direct access c~ ~ made to ~y of ~ the property fronting on Do~a Street. Both of the lots fronting on the street u~o~,s~ would be occupied by the Boys ~d Girls Club. .DVM ~ Th~ you for your ~sistance in this maner. ~' ~' Ve~ sincerely yours, T~ ~nn E~J.~.,.J, BOYS AND GI~S CLUB OF COLL[E~ CO~TY ~D.~ ~ s~l~ E~ ~ro ~ ~y J. Wngm ~ E,~.Jr. ~~ c: T~ ~o]d Wright F: 643-662~ ~]cne Austin F: 5]4-2777 M~ Boyce Jonson F: 430-1573 · j- tJlj[I I r $ SEP ,3,3 19:98 "IlIC. A Ptogtom A~oO~ . ~ ,<~o,=,~ The Positive Place For Kids. c.,~,,..~c~c,.~ August 19, 1998 ~ Ro~ Mulh~ ~ ~ ~ ~li~ ~un~ ~~nt ~~ 28~ N~ Ho~h~ ~ Naples, FL ~1~ ~, ~10~ ~~ ~ ~1} ~1915 ~s~ ~ ~ Mr. Mul~m: Er~ ~ ~ The Boys & Gifts Club of ~er ~n~ is ~no W t~ ~ g~ to bu[l~ a ~~~ f~~ ~11 ~ ~ ~~ ~ for our ~mms. ~ ~u ~, t~ ~.~ ~ & Girls ~ub is ~ ~1 ~ ~ ~b of ~. We pm~6e a~e~l ~ Kmm~ en~me~ ~mms ~r ~ ~ ~e ~ ~ ~ ~ ~~ ~ s~al ~p~s ~ ~o~ ~ ~ from ~ ~ ~al ~ms~n~s, ~omi~ di~~ ~ u~ to ~ss ~r ~s~ p~m~ I~ a~i~s. ~.av.~ Ow ~ss~ ~ ~ ~ and enable NI ~ ~ple ~ m~Ee ~e~ ~ ~1 ~~m ~~ m ~ ~ ~.~y~ deslg~ to ~p build ~~ ~~ ~ ~ ~ I~ip ~d ~~h~ ~ ~u~ ~ ~e ~D.~ them a~ ~ a~ ~m ~~ We have iden~ a s~e ~ ~ ~l~e ~ ~ ~nfl~ to ~ ~r ~~~ ~~. ~ ~ ~~ end ~Wes~ ~ ~~ ~~ Road. In ~r f~ ~ ~n ~ ~ f~ us, ~ ~ld ~d ~ ~ a d~ ~ on t~ p~ ~i~ ~ns on~ ~nna ~ ~ - ~ a~~ do ~'~~n[ ~.~ n~ ~ the pm~ or dg~y to o~n all ~ ~y ~m~h ~ W~w. ~~~ We h ~ ~ ~nt ~ ~c ~ We~l~ ~ ~na. ~ia ~ ~e an e~~ ~a~ous s~uafion for pm~ in ~ a ~ as ~ ~ke E i~e~ for ~r u~. kn~ E ~e pm~ ~~ ~ of ~nna ~t ~ ~ ~. A~ ~. ~ ~ ~lp ~ ~ ~ ~ ~ ~ in ~e ~M dl~? We ~ a~ious ~ move f~a~ If ~ h~e a~ questions or ~ed a~ ~~I ~f~, ~ ~ not hes~te to ~11 me at a~ healing from ~. ~ank ~u ~ a~ for ~ h~pl l llc. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AND EXECUTE THE TRANSPORTATION DISADVANTAGED FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND GOOD WHEELS, INC. 0B,[ECTIV~.. i. To consider approving the agreement betw~ Good Wheels, L,x:. and the Board of County Commissioner~ concerning the granting of supplemental funds for the delivery oftransportaion services and performance monitoring. Conviderations: During the 1998-99 County Budget hearth8 cycle, the Board approved thc appropriation of S100,000 in FY 1998-99 from the General Fund to the CoUier County Community Transportation Coordinator (CTC) for the ~upport and delivery of transportation services to the disadvantaged. The provider of these service~ will be Good Wheels, Inc. Fiscal lmpalt.: There is $100,000 budgeted in MPO Fund 126, Transportation Disadvantaged Program - Cost Center 138330 to supplement funds for transportation services provided by Good Wheels, Inc. Growth Managgment Imoact: "Consistent." The Collier County Comprehensive Plan Transportation Element, the Naples-Collier Metropolitan Transportation Plan and the Collier County Transportation Disadvantaged Service Plan all promote a multimodal transportation system. Transportation improvement programs and transit system enhancements are designed to establish a more balanced and efficient mobility approach to growth management concerns. Para transit services integrated with, and supported by alternative transit options, can help shift the emphasis from single occupancy vehicles and support mobility needs of the transportation disadvantaged and transit dependent. Recommendatig,n~ Staff'recommends that the Board of County Commissioner~ authorize the Chairman~to sign the agreement between Collier County and Good Wheels, ~ K~n, AICP, M~) C~ordinator ' Reviewed by:~ ~ Date: ~2/~'~ · ~Robe/~ M~uthere, ~ Plan~jng Services Director Appr°ved bY: '/~/~~/~' ~ Vincent A~ Cat~tero, AI£,P, Community Development & · c T'RA.N'~RTA~ON DISADVA.N']'AG]~) FU~tNO AGlm~ ~ ~~RTA~ON DIS~V~A~ ~O A~~, ~ ~ ~!~ I~., ~ ~ to ~ "~ ~s" ~ Co~ C~, a ~H~ ~~ o~the Stye oF ~od~ h~ ~ to ~ "C~. ~C~ ~, ~ ~ ~ ~ d~ ~~ T~on C~ (~C) by ~ S~e of~od~ T~on Co~ ~ to ~ 427, ~od~ .S~mtes ~ ~ d~o~ a ~ p~ to ~pl~ ~ ~ ~ ~ve ~~on T~po~on D~~ Co~o~ to p~de ~ to ~ ~v~ for ~ ~od July 1, l~g ~u~ l~e ~0, 1~; ~ ~ ~ ~ ~ a ~2~ ~ ~, ~e Co~ ~ d~ ~t due to ~ ~ ~ns d~d ~or ~ou~ S~ 30, I~. NOW, ~0~ ~ IS ~~y A~ ~ FO~OWS: I. ~D ~r:~ ~: ~o~ T~8on D~d~tz$~ Co~on For ~e ~ S~ 29, 1~7 ~ou~ S~t~ 2~. 2~; C. m~ ~ ~ r~ ~ ~ r~ to ~ p~d ~ ~ ~~ _ SEP 2 2 ;998 D. mainttin books, records, documents ~ other evidence and *_e~_~g procedures u,,d practices which fully and properly reflect all direct and indirect costs oftny ratu~ expended in the performance ofthls Agreement; E. rnain~n ·dequ·te fiscaJ accounting procedures; [:. tUow inspection, review or audit or'rtl fu~tncla] record~ teporu, books, documenu ~ other evidence tel·ting to this Agreement by COUNTY personnel, upon request by the COUN'TY; O. collect ~fi~cal ~ta of· fi~fl and oper~dor~fl nature on · ~ bm ~ to fi~,al, statistica] and operatior~fl report~ on · quarterly ha.tis to the N·plm Collier County N~etropolitan ~'Immlng Organ[zatlon Coordinator. ti. iacJude th~ ~foremendoned audit and record I~eepia8 re~dreme~ ia ~ approved [. r~n all bookL records and other documents reJ·tive to this Agreement for thr~(~) ~. ~ub~t to th~-Naples Co,er County Metropolitan ?lam~g Ori~nLz~o, each y~, · copy ofit~ m'mual report offinanc~ ~d oper'~donaJ end~vor~; K. s~ll submit · copy of thc documentation submitted to the State of'Florida, Trm~sportadon D~sadvantaged Com~s.~Jon for reimbursement aJong with · service mmm~-y to [he COUNTY on · monthly bas~s in order that the disbursemen! of COb'HTY funds to reimburse GOOD W'rIEELS may be in accordance with the pre-auditing and accounting procedures ofthe Circuit Court Clerk and the Board of County Corr~rdss[oners ~ mandated by Section ~29.08 and 129.09, Florida 2. The COUNTY Re[inhume ~ '~Vhe~l~ on · money b,,;s for oon-spon~ored trips fiat ext,,ced the reimbur~mment coverage of the Tr'u~portafion D~:lva~-~Sed Commi~on's Trip Equipment Grant. Reh'nbursement shall foUow the Good Wheels l'Jrban ~ ~ Stn~crur~ M established ia Good Wheels Memorandum of Agreement with the l=lorida Tramspomatioa DL~dvamtaged CommJ~on. The reLmbur~ent ~talJ not to exceed SS,SOO per month plus any ·va~lable carry-over from the pre'Mous monttm. Ne. SEP M 1998 ~. C-00D ~ $ ,~1COUN"I~ mut~ a~'~: ~. The term oftl~ A~'eernc~ is ~om ~o~ 1, l~ to S~ 30, 1~. B. ~ ~t ~y be t~ ~ ~ ~ ~ p~ ~ ~ (30) ~ prior no~ ~ ~t~ to ~ o~ p~. D. ~ ~ ~ ~ ~~~ ~ ~ ~ or~ ~lor, ~ ~ b~ or r~d to employer. 4. NO P~~~ CO~. 5. ~~CA~ON ~OD ~LS in ~[de~on orT~ Do~ (Sl0.~), the r~ ~ ~ or ~ ~ ~owl~ed t~u~ the ~S orris d~men~ ~ ~ot~ d~ ~a~ ~d hold CO~ ~d its o~ ~plo~ ~d M~ ~ ~m ~ a~ ~ ~ ~ Io~ p~tl~ ~g~ p~fe~o~ f~ ~dud~ ~om~ f~ ~o~ of~ ~n~a or ~ p~o~ ~, ~u~ b~ not ~t~ to, ~ploy~ or ~OD ~-S, ~d ~b~or, or ~one ~ or ~d~ ~ploy~ by ~ t~ oberon ~ ~e C0~. 6. NO~C~ ~ nofi~ 6om ~ CO~ to ~OD ~ S ~ be d~ d~ ~ 1~75 Ba~ ~ S.E. SEP g 2 1998 AIl ~odce~ ~om GOOD ~ to COUNTY ~ be deemed du~ m"v~d ~ ~ r~ or ~ ~! to ~e CO~ to: B~d of ~un~ Co~o~ 3301 T~ T~ ~ N~ple~ ~odd~ 34112 ~e CO~ md ~D ~ ~y c~ge ~ ~ ~g ~ ~ a ~ u~ ~t~ 9. CO~~ S~~~ Should ~y pro~o~ of~e A~m~t ~ d~ ~ ~ ~ to ~ ~ot~l~ ~ a dec--on s~ not ~ ~e v~ or ~o~ o~ o~ ~on or pm ther~ ~ ~S ~OF, ~d ~s ~ Co~ ~ ~ r~i~y, ~ ~ve DA~: A~ST: BO~ O~ CO~ CO~SIO~ D~G~ E. BRO~ C~ CO~ CO~, ~O~A By: B~. B~ B. B~Y, ~ ~SS: ~ ~ ~. By: By:. ~ods ~. Sh~d~ P~d~t le~ ~ . ~I ~ON SEP 2 EXECUTIVE SUMMARY CORRIDOR STUDY FOR THE EXTENSION OF SANTA BARBARA BLVD. SOUTH BETWEEN DAVIS BLVD. AND RATTLESNAK~HAMMOCK ROAD. (Project No. 60091) CIE No. 32 OBJECTIVE; To advise the Board of County Commissioners on the tutus of the corridor .~Xady for the extension of Santa Barbara Blvd. South between Davis Blvd. and Rattlesnake-Hammock Road and receive direction prior to entering the final detailed analysis port/on of the study. CONSIDERATIONS: On June 2, 1998 this item was brought before the Board for discussion on the various routing aRernatives that had been evaluated. The Board continued the item for one week and on June 9, 1998 a lengthy presentation and discussion was held. At the J'une 9, 1998 · presentation staff`was directed to provide a more complete history on the project, evaluate connections with the local roads within the study area, expand the area covered by the roadway network mapping to include the intersections of US-41/Rattlesnake-Hammock Road and US-41/CR- 95 l, provide color copies of the mapphag, and evaluate an alignment alternative that extends Santa Barbara Blvd. southward and then eastward to connect to CR-951. A Brief History: On September 22. I992. thc Board heard a presentation by staffon executing a contract with Wilson, Miller, Barton and Peek, Inc. to undertake a two-phased engineering design approach in proposing and designing a southern extension of Santa Barbara Blvd. between Davis Blvd. and Rattlesnake-Hammock Road. The Board approved the final negotiated fees and directed staff to proceed with preparation of a design contract with Wilson, Miller, Barton and Peek, Inc. and bring the contract back for final ratification and execution as a consent agenda item. On November 17, 1992, the Board heard a presentation of the final contract as a regular agenda item [8(BX1)] rather than as a consent agenda it~n. Commissioner Saunder~ commented that past Boards have been criticized for not planning for the future. He said the approach ofdoing the engineering work, determining alignments and the type of design work being requested is a very wise way to plan for the future. Commissioner Constantine agreed with Commis,v/oner Norris that, although Santa Barbara may become a priority in the future, he was not convinced there was a need to four-lane that roadway during the current time of economic hardship. Commissioner Norris moved, seconded by Commissioner Constantine, to deny staff's recommendations to execute a Consultant Engineering Services Agreement with Wilson, Miller, Barton and Peek, Inc. for Santa Barbara Boulevard south to Rattlesnske-Hammock Road. Commissioner Volpe indicated he would support the motion if staff`was also directed to return to the Board with an in-house preliminary assessment of alternate alignments. Upon call for the question, the motion carded 4/1 (Comissioner Saundera opposed). On Aueust 16, 1994, [Agenda Item 8(B)(2)] the Board heard a possible alignments for Santa Barbara Blvd. that were looked at fr~ In en~t-of- Executive S~u,u~sry Corridor Study for the ExCension of Santa Barbara Blvd. Page 2 that they could associate the cost of alignment with the traffic benefit that would be derived. Staff's concern was to det~i/i-,inc the alignment so that rights-of-way could be reserved for future road improvcments. Quite a lengthy discussion then followed with Commissioner Norris moving to direct staff to proceed with the traffic analysis and to elimhute Alignment I (the north/south route connecting to RattlesnakeHammock Road at St. Andrews Blvd.) and Alignment 2 (connecting to Rattlesnake-Hammock Road approximately one-half m/lc east of Polly Avenue). Commissioner Saunders seconded the motion and it canied unanimously. On Qctol;)cr 1. 1996, the Board approved thc current contract with Wilson, Miller, Barton and Peck, Inc. as part of thc consent agenda [itcm 16(BX3)]. The current contract is for a Preliminary Engincaing and Environmental Assessment (PEEA) which includes an evaluation of proposed wadway alignments, comprehensive environmental assessments, and approximate right-of-way requ~enta. The PEEA includes an alternatives analysis which must be performed for all environmental permitting r,~view agencies. An alternatives analysis provides documentation on all of the different routing configurations that can reasonably accomplish the flated task, in this instance the consiruction of a road to handle the region's transportation needs. The study area was defined to include the three Santa Barbara Blvd. routes chosen for evaluation. The PEEA contract contains a contingent item for a fourth route to be evaluated if the Board or staff is not satisfied with the results fa'om the initial three routes studied. The PEEA does not result in a designed roadway. Additionally, several approved developments have pwvided right-of-way commitments for the north-south extension of Santa Barbara Blvd. along the alignment that was identified in the Study as Ali~ment A. These right-of-way commitments date back to 1985. On March 19, 1998, County staff and representatives from the consultant firm of Wilson, Miller, Barton and Peek, Inc. conducted a second public workshop on the Santa Barbara Extension Corridor Alignment Study. Information was provided showing the criteria considered in developing alignment alternatives and the final ranking recommendations for further evaluation. The consultant evaluated three north-south alignments for the extension of Santa Barbara Blvd. from Davis Blvd. to Rattlesnake-Hammock Road, two alignments for the extension of Santa Barbara Blvd. that curve ~ to connect to CR-95 I, and three east-west alignments for a local collector road fi.om County Barn Road to CR-951. The corridor alignments were selected based upon their viability and reasonableness to meet the traffic projection needs of the area as well as the minimum alternatives analysis requirements of the environmental permitt~g agencies (e.g. South Florida Water Management District and the U.S. Army Corps of Engineers). The Board, upon analyzing the criteria evaluated and the locations of the alternative alignments, is requested to give staff'definite direction on proceeding with a more detailed evaluation for one or two corridor alignments. The most effective way to inform the Board is to provide a review of the modified public workshop presentation (approximately 20 minutes) followed by a qued/on and answer period. FISCAL IMPACT: At the Jtme 9, 1998 presentation the Board directed staffand the consultant to evaluate an entirely new fourth corridor alignment as is allowable within th ~..ngtm}~n portion of the existing contract's scope of work. The cost for ~L~ addition.' lali SEP 2 2 1998 FAecufive Sunm~ry Corridor Study for the Extension of Santa Barbara Blvd. Page 3 h~s not been finalized. B~sed upon previous and pending Bo~'d direction, staff will need to bring a rovised contract back to the Board for approval. The current contract information is as follows: Fund: 333 (Road Impact Fee, Dist. 2) Cost Center'. 163650 (Road Impact Construction) Project No.: 60091 (Santa Barbara Blvd.) Current Contract Amount: $456,613.00 Expended to Date: $150,526.90 Balance Remaining: $306,086.10 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board select Option Three as listed below: 1. No Build (do nothing). 2. Continue with a more detailed evaluation of Alignments "A" and "C". 3. Continue with a more detailed evaluation of Alignment "C". Then, direct staff to perform the following tasks: 1. Amend the current contract with Wilson, Miller, Barton and Peek, Inc. to define the right-of- way requirements for future roadway design and construction. 2. Develop a plan for early fight-of-way acquisition and bring it back to the Board for approval. SUBMITTED BY:-'~ Date: Robert C. Wiley(P.E. O.C.P.M. Project Manager III RicI~ard J-~H~llriegel,'P~. ' ' T ¥ O.C.P.M. InterimDirector REVIEWED ~ Date: '~"-/! Ed Ilschl~e -r Public Works Administrator SEP 2 2 1998 0 ~~ ~>~ S EP 2 2 1998 PG. ,.~ LP '$'N I SEP 2 2 1998 I I. S6 SEP 2 2 1998 t$6 SEP 2 2 1998 .~. /I .,,J ,...J --I ..I ~ ..A -.I i. IJ SEP 2 2 '.~ X 'o > X m --) o ..{ {.96 HO m % ~ ._1 I1.. oo ~ X m SEP 22 SE? 221~S8 ~ _ SEP 2 2 SEP 2 2 1,.,q,38 J SEP 2 2 t938 tS6 SEP 2 2 nE' n,' 1.96 ldo 'Pt:! uJe8/qunoo LS6 UO 'Pa uJe8/qunoo >e L~6 U~) SEP Z 2 IS98 I. S6 I::10 ~E. D:: 1.96 I. g6 I::10 SEP 2 2 1~98 L$6 U~ SEP 2 2 1398 i.96 I:i0 "'E- 13: 1.96 1.96 ldo - ? · p~ u Jeff Alunoo i ..... "~ I [S6 UO ~ SEP 2 2 1-~3~ SEP 2 2 IS6 UO SER,2 2 1:.~ oo or, s) ~ 0 'P~ uJe;! ~unoo ~. 0 0 0 0 ~D SEP ? 2 1.~3G EXECUTIVE SUMMARY CONSIDERATION OF ALTERNATIVE M~THODS FOR BEACH PARKING PERMIT DISTRIBUTION. Objective: That the Board of County Commissioners consider alternative methods for distributing beach-parking permits. Consideration: The current method of issuing beach parking permits has imp~-~l County staff's ability to fulfill their other customer service-related functions such ~z programming and scheduling. Ov~ the las~ eleven months, Veterans Community Park utilized over 1067 st~ffhours logging 16,000 permi~ and East Napl~s Community Park utilized 467 staff hours l logging 7,000 l~rmits. In ~rms of ~ positions, these hours are worth approximately .5 FTE's at each park site. Moreowr, this figure will rise in 1999, as all of the permits issued over the last two years will expir~. The Board tentatively addressed this issue through a proposal initiated during the FY99 budget process. 'I:his proposal recommended a new five-dollar ($5) handling fee for each beach sticker issued by the County. Tho $125,000 revenue from this fee would then subsidize 2 FTE's that would have been shared between Veterans Park, East Naples Park, and Vineyards Park. These positions would be utilized to issue beach parking snickers and replace the staff time that could then 'be used for programming in the parks and enhanced park safety that has been supplanted by the time necessary to issue stickers. Although this option has been tentatively approved as part of the FY 99 budget, the~ was concern that the charge for a "free" beach parking sticker, although nominal, would be very negatively received and that other alternatives should at least be presented for the Board's consideration. The fa'st alternative option is to distribute a beach-oarkin~ oermit to ALL re~s~r~! c,..gunty vehi¢l~ as a standard orocedtu~. of the County TaX Collector's Office. This option encompasses all specialty plates r~ in Collier County in addition the standard issue County plates (156,000 combined total)2 and it will almost entirely eliminate the impact on snaff with the exception of issuing permits to seasonal property owners. With this, it is also proposed that two part-time Program Leader I positions (one FTE), would be eliminated. However projected revenues from the new sticker handling charge would be 'creased by $125,000 and the expected programming revenue generated by the two positions ($8,000) would also be lost. The second alternative option is to ~low residents with the sna~.d~ issue Collier County license elate tO park at ~he .withou~ a sticker. Staff estimates that this option will reduce the impact on staff by approximately 2/3 of the total permits issued3.. As with the first option, two part-time Program Leader I positions (one FTE) will be eliminated, paaially offsetting the $133,000 lost r~venue. This option is viable as it will substantially reduce the impact on snaff and it does not involve the Tax Collector's Office. Again, the revenues associated with the beach sticker handling charge would be eliminated as would the revenues associated with the programming of the two Program Leader I positions. In both of these alternative options one of the two expanded positions has been retained, as the position had also been targeted to be responsilJle for the after school and summer camp programs which have grown to the point where safety concerns, warrant having one additional staff person administratively involved. The third option is to leave the budget as currently proposed to the Board for FY99. Growth Management: There is no growth management impact associated with this item. Fi.~al Impact: The three options will have the following impact for FY99: Option tt I; Revenue Beach & Wster 001-156363 Revenue ($125,000) East Naples Pa.,k . 001-156381 Revenue ($4,000) on4 minutes interval time per permit. (16,000 * 4 minutes / 60 minutes, 7,000* 4mlnutesl60minut ~ AGENDA tTEM` ~ss,~s ~ ,~hi¢~s U~ Com,, Co,~ty 0 ~,-~ ~zr) p~ ~ vn,a~ of~o~ Wh~,., T-~t~.~ ~o....~C...(_ t.) 3 The humber of standard County tags versus specialty plstes fo~ ColII~ Cz~mty ~ unavailable by the Depar neat Lic~s~ Pls~ Bureau · ~ . Vineyard~ Community Park 001-156390 Revenue ($4.000) "" ' Total ($133,000) O East Napl~s Park 001-156381 Personnel ($11,600) East Naple~ Park 001-156381 Operating ($200) : Viney~'ds Community Park 00 !- 156390 Personnel ($ I ! ,600) ~"' Vineymxis Community Park 00 I- 156390 Operating ($200) ,:~.: Beach & Water 001-156363 Operating $6.500 · '.. Total (S 17, ! 00) · Value of saving ~aff hours not I00% ($18,7004) ' issuing permits i~~ Total Cost S97,200 ,,:!: Ovtion ~2: Revenue ' Beach & Water 001-156363 Revenue ($125,000) East Naples Park 001-156381 Revenue ($4,000) - Vineyards Community Park 001-156390 Revenue ' Total ($133,000) East Naples Park 001-156381 Personnel ($I 1,600) East Naples Park 00 I- 156381 Operating ($200) Vineymxls Community Park 001-156390 Personnel ($1 i,600) Vineyards Community Park 001-156390 Operating ($200) Total ($23,600) O Value of saving s~cff'hours not 67% ($12,5005) issuing permits Total Co~t $96,900 · Ovtion #3: No Impact Recommendation: Staffmcommends option #2 to the Board. The Parks and Recreation Advisory Board did not have an opportunity to review this issue prior to the agenda deadline, but will prior to the BCC meeting. Their recommendation will be pret~nted to the County CommL~ion ~t the me~ing. ~ohn Dunnucl~ Oper~ons Coordinator' I~partment ofParla ~ Recreation ' / Department of Pa~ md Recreation Dillon of Publto AGF. N_0A ':, /:~ :: ' 4 B~s~ oo 25,000 Fo. miu nmm~y, 4 mlmm~ / ~0 mtau~, Sl 1.20 hourly nm~ (h~udl~ ~) 5 Based oe 25,000 petmitl mmaally * 4 mlam~ 160 mlam~ * $11.20 houdy me (jndmU~ bmeflts) · 6 pg. c~ ~ EXECUTIVE SUMMARY APPROVAL OF A $320,000 TRANSFER FROM GENERAL FUND RESERVES TO THE EMERGENCY MEDICAL SERVICES FUND. ~ To have the Board of County Commissioners approve the transfer of $320,000 from General Fund Reserves to Fund 490-Emergency Medical Services (EMS) and to approve the related budget amendments. ..CONSIDERATION,~ As discussed by the Board of County Commissioners on September 15, 1998, dudng the presentation of the Third Quarter Revenue Report; the EMS Fund needs a supplemental appropriation from the General Fund to complete the fiscal year. A supplementation appropriation of $320,000 is necessary to cover the final payroll, year-end expenses and to establish the carry forward needed to begin the next fiscal year. As discussed with the Board on September 15, 1998, the inclusion of accounts receivable in the carry forward balance has created a cash shortfall in the EMS Fund. In future years, the carry forward amount will include only cash. This will eliminate the potential for overstating the actual carry forward amount. .GROWTH MANAGEMENT IMPACT; None .FISCAL IMPACT: A reduction of General Fund Reserves and a cash transfer of $320,000 to EMS. The affected appropriations are: General Fund: Reserves 001-919010-991000 <320,000> Transfer to EMS 001-929020-914900 $320,000 EMS Fund: Carry forward 490-919010-489200 <$320,000> Transfer from General Fund 490-929020-481000 $320,000 I SEP 2 2 19911 I I.o.-I _] REC. OMMENDAT1ONS: That the Board of County Commissioners approve a supplemental appropriation from General Fund Reserves for EMS in the amount ' of $320,000 and approve the necessary budget amendments. Prepared~ cfi zi)q, Diane Flag[i, Chief Date Emergency Medical Services Reviewed by: ~ ~.~,-.-,-~'~ ~ / 2, / Michael Smykowski Date OMB Director Leo Ochs,"~., A~I'~J ..stra~r · .~ ... Support Servi~,~,13~visio~ Date SEP 2 2 1998 EXECUTIVE SUMMARY '"'' RECOMMENDATION TO UPHOLD COLLIER COUN'I~ BOARD OF -' " COUNTY COMMISSIONERS' AUGUST 4, 1998 DECISION TO APPROVE TItE FINAL PLAT OF TWIN EAGLES, PItASE ONE. ~ That the Board of County Commissioners uphold its Augu~ 4, 1998 decision to approve the final plat of Twin Eagles, Phase One. CONSIDERATIONS: Pursuant to subsection 163.3215(4), Fla. Stat., on September 2, 1998 the Florida Wildlife Federation and Collier County Audubon Society filed Verified Complaints challenging the Board's August 4, 1998 approval of the final plat of Twin Eagles, Phase One. Attached are copies of the Verified Complaints and the Executive Summary and exhibits submitted on this item at the August 4, 1998 Board meeting. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The Circuit Court will d~cide whether or not the final plat of Twin Eagles, Phase One is consistent with the County's Growth Management Plan. BECOMMENDATION: That the Board uphold the August 4, 1998 decision to approve the final plat of Twin Eagles, Phase One. Michael W. Pettit Assistant County Attorney l~a~ot~ M:Studeflt .... Assistant County Attorney AGEN _DA.rr~l~ SEP 2 2 lggll =" '~ h:litigafionWL Wildlife Fed & L"C AudutnmM. xsum-MWP AGENDA ITEM StP 2 2 ~ REQUEST TO APPROV~ %-~u~ FINAL PLAT OF 'TWIN EAOLES, PHASE ONE' TO approve the final plat of 'Twin Eagles0 Phase One', a subdivision of lands located in Section 20, Township 48 Sou=h, Range 27 East, Collier County, Plorida. CONSIDERATIONs Engineering Review Section has completed the review of the construction drawings, specifications, and ~inal plat of 'Twin Eagles, Phase One'. These documents are in compliance with the · County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the im~rovements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with. Division 3.2 of the Collier County Land Development Code. ~neering Review Section recommends that 'the final plat of 'Twin t~s, Phase One' be approved with the stipulation that the final I~ not be recorded until the. required improvements have been constructed'and accepted or until'the approved security is received to guarante& completion, of the required improvements. FISCAL IMI~Aq~T~ 'The fiscal impa~='to the County is as follows. The project cost is $647,746.20, to be borne by the developer. The cost breakdown is as follows: a) Water.~ Sewer - N.A. Orangetree Utilities b) Drainage, Paving & Grading $647,746.20 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Cen~sr: 138900 - Development Services Revenue generated b~ this proJecC: Total: $13,247.44 Fees are based on a construction estimate o $647,746.20 and were paid in May, 1998. AGEND.~ Executive Summary Twin Eagles, Phase One Page 2 The breakdown is as follows~ a) Plat Review Fee ($42S.00 4 $ 4./ac) - $2235.76 b) Construction Drawing Review Fee Wa=er & Sewer (.50% cons=, es=,) - $-0- D Paving, ~rading (.425% cons=, es=.)- $2752.92 c) Construction Inspection.Fee water & Sewer (1.5% cons=, es=.) - $-0- Drainage, Paving & Grading (1.275% cons=, est- $8258.76 q~OWTH MARAGEMENT ~MPACTz The Concurrency Waiver and Release' relating to conditional approval has been reviewed and appro~.ed by the County Office for the project. R~COHKENDAT~0N~ T~at the Board of County Co,m~ssioners~ approve =he final plat of -. "Twin Eagles, Phase One" with the.following stipulations: .- 1) - That- the final plat"not b~ recorded until' the required improvements have been. constructed and accepted' or until '~ approved security is '" received ' for' the unco~leted improvements and that construction shall be completed within .36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building per~dts be issued until the final plat is recorded. 4)That any outstanding ~sues ~i=h the construction plans and plat are resolved prior to the pre-construction meeting. SEP 22 Executive Summary Twin Eagles,' Phase One Page 3 PREPARED BY: Engineer Date Engineering Review REVIEWED BY: Th Date Engineering Review Manager ~ .- R ob~r~/~lhere, AICP D~a~Y Pla~ Services.Depart~ Director ~cent A. Catftero, AICP, Administrator ' Date ~Taunity. Development & Environmental Services Co~=m~nity Dev. and Environmental S%cs. DIVISION Jrh AUG O 998 AOEN~AJ'[EM No._ ¥!/I/ VICINITY MAP CONSTRUCTION AND MAINTENANCE AGI~EEMEN~ FOR SUBDIVISION IMPROVEMEN'I'S PRIOR TO RECORDING OF.PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUSD~V-~$1ON IMPROVEMENTS P~IOR ~ RECO~ING OF PLAT AGREEME~ entered ~nto of ~, 1998 be~een T~n~gles Development Com~y, Ltd, here~r refe~e~ as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter refe~ed to as the "Board". i. Developer ha~, ~imultaneou~ly with the delivery of this Agreement, applied for the approv~ by ~e Bo~d of a cer~n plat of a ~ubdivision to be known as: Twin~gle~, Pham One 2. Division 3.2. of ~e Collier County ~d Development C~e ~low~ the Developer to cons~ct ~e improvement~ required by ~d ~ubdivifion regulation~ pdor to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premised and mutual covenant~ herei~er ~t fo~, Develo~r ~d ~e B~d do hereby coven~t ~d agree a~ follow~: 1. Develo~r will mum to be constructed: Paving, D~mge, Street Lighting ~d ~d~ping wi~n 36 monks from ~e ~ of appro~ of ~d mbdivision plat, ~d improvemem hereinafter refemd to as ~e required improvements. AGEN M improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the ~ubdi,:kion performance security to secure satisfactory completion, repair and maintenance of the req,,ired improvements. The Board shall have ~e right to construct and maintain, or cause to be conutructed and maintained, pursuant to public advertisement and receipt of acceptance of bids. the improvements required herein. The Developer, as principal under the subc~ivision performance security, shall be liable to pay z.~.d to indemnify the Board, upon completion of such construction, the final tcml cc:t the Board thereof, including, but not limited to, engineering, legal and contingent costs, together any damages, either direct or consequential, which the Board may sustain on account of the fei!urn of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be Ll.qfiing upon the Developer and respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly au~ofized representatives this day of ,1998. Signed, sealed and delivered DEVELOPER in the presence of: TwinEagles Development Company, Ltd.. A Fiofida Limited Partnership By: TwinEagles Management, Ltd., ~"/~-e../~.__. ~ c,,.-~'- A'Florida Limited Partnership, Its General Panner Witness ' By: TwinEagles Development, Inc.,' Its General Panner Printed Name/ Printed Name / AG £N p~,fl,]', i~M Page 3 of 4 No. 7//'/./ 2. Developer herewith agrees to construct said improvements prior to recording said es.bdivision plat and the Board of County Commissioaers ~ not approve the plat for recording until d improvements have been completed, "" 3. Upon completion of said improvements, the Developer shall tender its subdiv!.~ion performance security in the amount of $66,565.60 which represents 10% of the total contract cos.', to complete construction. Upon receipt of said subdivision performance security by the Deveiop:,:..,.-nt Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records hay,- ~-.:..-.. furnished to be reviewed and approved by the Development Services Director for compliance wit.h the Collier County Land Development Code. 5. The Development Services Director shall, within six~' days of receipt of the sta:.-.ment Of '""""' ,;,-,', ,-,,.,,.-,-,~.~lo,;~ s,,,...?_n .... .:,,~.. ....... , e ..... ,. z) notify t~he Deve!ope: ir, writing Of his preliminm"~' approval .cf i~mprovemen:s; or b) notify the Developer in writing of his refusal to approve the improvemen.'..~, C'~erewith specifying those conditions which the Developer must fulfill in order to obtain the Director's 2?proval of the improvements. However, in no event shall the Development Services Director rei'a~ ..,reliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, The Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required ?age 2 of ag AGEN~ lygM No. ~,'t _.~/ 2 2 19. 8 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Barbara Berry Chairperson Approved as to form and legal sufficiency: t....-'David (~, Wei~el ' Collier County Attorney · - · CoO Y BEFORE THE COLLIER COUNTY COMMISSION .. STATE OF FLORIDA FLORIDA WILDLIFE FEDERATION, ] a not-for-profit Florida corporation, ] JAMES L. SWIGERT, and ] LUCINDA KIDD HACIC. 4EY, ] ] Plaintiffs, ] ] Case No. 98- V. ] ! COLLIER COUNTY, FLORIDA, ] , o t', Defendant. ] t, ~ '" SECTION 163.3215(3), FLA. STAT. VERIFIED COMPLAINT r,~ CONCERNING TWIN EAGLES DEVELOPMENT ORDER INCONSISTENCY~, f'.'i. WITH COLLIER COUNTY'S COMPREHENSIVE LAND USE PLAN Florida Wildlife Federation submits this verified complaint pursuant to Section 163.3215(3), Fla. Stat. to Collier County, Florida, and avers: PARTIES 1. The Florida Wildlife Federation (Federation) is a Florida not-for- profit corporation, whose address is 5051 Castello Drive, Suite 240, Naples, Florida. The Federation owns real property in COllier County, and its members have interests which are protected and furthered by the Collier County Comprehensive Land Use Plan (Plan) which will be adversely -' affected by the subject Twin Eagles development order in a manner which /- exceeds the general interest in the community good shared by all persons. 2. James L. Swigert is a member of Florida Wildlife Federation, whose address is 11680 Immokalee Road, Naples, Florida. James L. Swigert owns real property in Collier County and has intere~ AG£ND6 J.T~M No. '~'/ti/ 1 protected and furthered by Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 3. Lucinda Kidd Hackney is a member of Florida Wildlife Federation, whose address is 3641 Golden Gate Blvd. East, Naples, Florida. Lucinda Kidd Hackney owns real property in Collier County and has interests which are protected and furthered by the Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 4. Collier County, Florida (Collier County), through its Board of County Commissioners, is responsible for implementing the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Fla. Stat., including the statutory requirement to adopt a local comprehensive land use plan and to ensure that all development undertaken by Collier County, and all development taken in regard to development orders by Collier County, are consistent with its Plan. JURISDICTION AND VENUE 5. The Federation files this verified complaint with Collier County pursuant to Section 163.3215(3), Fla. Stat. COLLIER COUNTY'S ACTION WHICH IS AT ISSUF._ 6. The Federation challenges the validity of Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and County Club project (Twin Eagles) which is located several miles east of the Plan's Urban Boundary. 7. Collier County's August 4, 1998, development orde' annrr~v~! · 'AG£NDA the final plat for the Twin Eagles project is: No. SEP 2 2 2 A. Inconsistent with and violates the Future Land Use Element (FLUE) definition of the "Agricultural/Rural" land use designation which the Plan Future Land Use Map (FLUM) designates the Twin Eagles property. The subject final plat is urban development with public sewer and water facilities. This is inconsistent with the definition of the Agricultural/Rural as areas remote from existing development pattern, lacking in public facilities and services. B. Inconsistent with and violates FLUE Policy 5.3 which requires the County to discourage urban sprawl by confining urban intensity development to areas designated as urban on the FLUM, and by requiring . any changes to the Designated Urban Areas be contiguous to an existing Designated Urban Area. The approved plat is urban sprawl pursuant to indicators of urban sprawl in Fla. Admin. Code Rule 9J-5.006(5). ' O .... C. Inconsistent with and violates FLUE Policy 5.4 which '. requires new development be compatible with and complementary to surrounding development. The approved development is not compatible with and complementary to surrounding vacant land designated as Agricultural/Rural. D. Inconsistent with and violates FLUE Policy 5.5 to encourage the use of existing land zoned for urban intensities before permitting development of other areas. Existing vacant land zoned for urban intensities exists which the County has not required be used before ' permitting the Twin Eagles development. /' E. Inconsistent with and violates the FLUE definition of Agricultural/Rural Settlement Area which incorporates by reference the Settlement and Zoning Agreement dated January 27, 1986. This Settlement and Zoning Agreement prohibits the Orangetree Utility C~ ..,v~.~E#~,~,~TgM No., '/(rtl SEP 2 2 providing sewer and water service outside the Orangetree Utility Area. The Twin Eagles project is located approximately two miles outside the .: Orangetree Utility Area, therefore Orangetree Utility Company cannot provide sewer and water service to the Twin Eagles project as provided in the County's August 4, 1998, development order. F. Inconsistent with and violates Sanitary Sewer Objective 1.5 and Policies 1.5.1 and 1.5.2 which require the County to discourage urban sprawl and the proliferation of private sector sa~fitary sewer service. G. Inconsistent with and violates Potable Water Objective 1.5 and Policies 1.5.1 and 1.5.2. which require the County to discourage urban sprawl and the proliferation of private sector potable water service. WHEREFORE, the Federation, James L. Swigert, and Lucinda Kidd Hackney respectfully request Collier County rescind the August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and Country Club project. ~~.~_~ ~ Thomas ~V. Reese, Esq. Counsel for the Federation, James L. Swigert, and Lucinda Kidd Hackney 2951 61~ Avenue South St. Petersburg, FL 33712 (813) 867-8228 Fla. Bar No. 310077 No. 4 pE. / VERr~CAT~ON .... State of FlOrida County of Collier I, Nancy Anne Payton, being duly sworn, state that I am the authorized representative of the Florida Wildlife Federation, a not-for-orofit Florida that I have read the foregoing Verified Comi>loint and the'allpgations yton The foregoing instrument was acknowledged before me this t £_! day of September 1998, by Nancy Anne Payton, who is personally known t~'-m~e or who produced as identification. SWORN TO AND SUBSCRIBED before me this J ~ day of September 1998. ·/t~otary Pu~c- .-i..".' My commission exl~..,.~.. ~X~ '"VERIFICATION State of Florida County of Collier I, James L. Swigert, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained therein, and th~d. hese allegations are James L. Swigert The foregoing instrument was acknowledged before me this / f.--~ day of September 1998, by Jmes L. Swigert, who is personally known to me, or who produced rc-( ,,~. I.~ ,hr , o o ~ Lt.~ ,e as identification. /. SWORN TO AND SUBSCRIBED before me this /_g--J" day of September 1998. · ....-'~otary Publi~-'~ My commission expir s~.~ _ No. ~{ r~/ 55r.? 2 2 1BS8 '"'"',,,,,,,,,,-, ..... VERIFICATION State of Florida County of Collier :',~ I, Lucinda Kidd Hackney, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained th~/p, nd '.hat ~ise allegations are L~cinda Kidd Hackney The foregoing instrument was acknowledged before me this o~'''>' day of September 1998, by Lucinda Kidd Hackney, who is personally known io me, or who producedTti. '~ .t.. ~,~go -53l.b-'~ .7~-o as identification. SWORN TO AND SUBSCRIBED before me this ,~'"'~ day of September 1998. ~,.:'~ !~: --- My commission expires: Io{zz[o~ool ~ ~, **.~-~*~.~ BEFORE THE COLLIER COUNTY COMMISSION STATE OF FLORIDA COLLIER COUNTY AUDUBON SOCIETY, ] a not-for-profit Florida corporation, ] ROGER DYKSTRA, ANN DUKETT and ] ROBERTA WOOSTER ] Plaintiffs, ] ] Case No. 98- v. ] COLLIER COUNTY, FLORIDA', ] Defendant. SECTION 163.3215(3), FLA. STAT. VERIFIED COMPLAINT CONCERaNING TWIN EAGLES DEVELOPMENT ORDER INCONSISTENCY WITH COLLIER COUNTY'S COMPREHENSIVE LAND USE PLAN Collier County Audubon Society submits this verified complaint pursuant to Section 163.3215(3), Fla. Stat. to Collier County, Florida, and avers: PARTIES 1. Collier County Audubon Society (Audubon) is a Florida not-for- profit corporation, whose address is Post Office Box 11387, Naples, Florida. Audubon's members have interests which are protected and furthered by the Collier County Comprehensive Land Use Plan (Plan) which will be adversely affected by the subject Twin Eagles development order in a manner xvtnictn exceeds the general interest in the community good shared by 'all persons. 2. Roger Dykstra is a member of Audubon, whose address is 238 Silverado Drive, Naples, Florida. Roger Dykstra owns real SEP 2 2 19St) Collier County and has interests which are protected and furthered by the Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 3.' Ann Dukett is a member of Audubon, whose address is 360 Sanctuary Road West, Naples, Florida. Ann Dukett has interests which are Protected and furthered by the Plan which will be adversely affected by the subject Twin Eagles development order in a;manner which exceeds the general interest in the community good shared by all persons. 4. Roberta Wooster is a member of Audubon, whose address is 7380 Rookery Lane, Naples, Florida. Roberta Wooster owns real property in Collier County and has interests which are protected and furthered by the Plan which will be adversely affected by the subject Twin Eagles development order in a manner which exceeds the general interest in the community good shared by all persons. 5. Collier County, Florida (Collier County), through its Board of County Commissioners, is responsible for implementing the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Part II, Fla. Stat., including the statutory requirement to adopt a local comprehensive land use plan and to ensure that all development undertaken by Collier County, and all development taken in regard to development orders by Collier County, are consistent with its Plan. ,JURISDICTION AND VENUE 6. Audubon files this verified complaint with Collier County pursuant to Section 163.3215(3), Fla. Stat. COLLIER COUNTY'S ACTION WHICH IS AT ISSUE AGEND~E~M No. 7. Audubon challenges the validity of Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and Count>' Club project (Twin Eagles) which is located several miles east of the Plan's Urban Boundary. 8. Collier County's August 4, 1998, development order approval of the final plat for the Twin Eagles project is: A. Inconsistent with and violates the Future Land Use Element (FLUE) definition of the "Agricultural/Rural'~land use designation which the Plan Future Land Use Map (FLUM) designates the Twin Eagles property. The subject final plat is urban development with public sewer and water facilities. This is inconsistent with the definition of the Agricultural/Rural as areas remote from existing development pattern, lacking in public facilities and services. B. Inconsistent with and violates FLUE Policy 5.3 which requires the County to discourage urban sprawl by confining urban intensity development to areas designated as urban on the FLUM, and by requiring any changes to the Designated Urban Areas be contiguous to an existing Designated Urban Area. The approved plat is urban sprawl pursuant to indicators of urban sprawl in Fla. Admin. Code Rule 9J-5.006(5). C. Inconsistent with and violates FLUE Policy 5.4 which requires new development be compatible with and complementary to surrounding development. The approved development is not compatible · 'with and complementary to surrounding vacant land designated as Agricultural/Rural. D. Inconsistent with and violates FLUE Policy 5.5 to encourage the use of existing land zoned for Urban intensities before permitting development o[ other areas. Existim2~ ,'acant land zon, "cl I°giN;.~51JSMI SEP 2 2 1.qS8 intensities exists which the County has not required be used before permitting the Twin Eagles development. E. Inconsistent with and violates the FLUE definition of Agricultural/Rural Settlement Area v,'hich incorporates by reference the Settlement and Zoning Agreement dated January 27, 1986. This Settlement and Zoning Agreement prohibits the Orangetree Utility Company from providing sewer and water service outside the Orangetree Utility Area. The Twin Eagles project is located approximately two miles outside the Orangetree Utility Area, therefore Orangetree Utility Company cannot provide sewer and water service to the Twin Eagles project as provided in the County's August 4, 1998, development order. F. Inconsistent with and violates Sanitary Sewer Objective 1.5 and Policies 1.5.1 and 1.5.2 which require the Count.,,' to discourage urban sprawl and the proliferation of private sector sanitary sewer service. G. Inconsistent with and violates Potable Water Objective 1.5 and Policies 1.5.1 and 1.5.2. which require the County to discourage urban sprawl and the proliferation of private sector potable water service. WH:EREFORE, Audubon, Roger Dykstra, Ann Dukett, and Roberta Wooster respectfully request Collier County rescind the August 4, 1998, development order approval of the final plat for the Twin Eagles Golf and Country Club project. ~ ~ .4:~c Thomas W. Reese, Esq. Counsel for Audubon, Roger Dykstra, Ann Dukett and Roberta Wooster 2951 61 ~t Avenue South St. Petersburg. FL 33712 (813) 867-8228 AGEND& IT~EM Fla. Bar No. 310077 No. -7[ ~? 5~,:~ 2 2 1998 VERIFICATION State of Florida County of Collier I, Bradley Comell, being duly sworn, state that I am the authorized representative of Collier County Audubon Society, a not-for-profit Florida corporation, and that I have read the foregoing Verified Complaint and the allegations contained therein, an.gl, that these allegations are true. ~ The foregoing instrument was acknowledged before me this ''~ day of · September 1998, bY Bradley Comell, who is personally known to me, or~roduced l--: t.. Pr,',,,O' L.'~s.a.- as identification. SWORN~TO AND SUBSCRIBED before me~~this '~ t''~k' ay o Se, ber 1998. .VERIFICATION State of Florida County of Collier I, Roger Dykstra, being duly sworn, state that I ha',i~ead t Verified ' N' I' I ,".'al'l?s are tree. Complaint and the allegations contained therein, and that tl(es~lle~h~ fofl~going Roger Dykstra The foregoing instrument was acknowledged before me this ....~ r - '~ day of ,..,September 1998, by Roger Dykstra, who is personally knov,'n to me, or who produced t I _0.. ,,'e.-.~ I, < ~-.., c --< as identificatiOn. SWOP, aN TO AND SUBSCRIBED before me this - da5' of Sep?~nber 1998. .~NOtary PuNic ' My commission expires: AGF..N,I~ I~'. gM [ No. ¥[ n~ _ ?...,.:--,'-%.. c~.,,g~ F.¢:o.~ 3:' ~ .i No~aryl'ubl,~.SuteorFIm,.~da -~. ',~.'~"..~': Commi$$io~ No CC 66~27 . 't~.'~" My Comm~,smn F.~p SE? 2 2 s ,,,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, VERIFICATION State of Florida County of Collier I. Roberta Wooster, being duly sworn, state that I have read the foregoing Verified Complaint and the allegations contained therein, and that these allegations are Roberta Wooster The foregoing instrument was acknowledgec}, before me this ~ day of September 1998, by Roberta Wooster, who is personally known to me, or who produced F,,=.~4 ~v'~ Lt~.:zt' as identification. SWORN TO AND SUBSCRIBED before me this ~ da.,.' of September 1998. / _ Notary.- Public My commission expires: No. "/( /"'// 7 PETITION NO. R-98-3 LAURA RYAN OF WILKINSON AND ASSOCIATES REPRESENTING HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. REQUESTING TO CHANGE THE ZONING CLASSIFICATION OF A PROPERTY FROM 'A-MHO" AGRICULTURAL WITH MOBILE HOME OVERLAY TO 'VR" VILLAGE RESIDENTIAL DISTRICT. THE SUBJECT PROPERTY IS I.,OCATED ON THE NORTH SIDE OF CARSON ROAD APPROXIMATELY ONE MILE NORTH OF LAKE TRAFFORD ROAD IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSIST OF 39.9 ACRES. The applicant is requesting to change the zoning of the property from 'A-MHO" Agricultural with Mobile Home Overiay to "VR' Village Residential. CONSIDERATIONS; .The applicant is proposing to change the zoning classification to 'VR' Village Residential in order to subdivide the property into 85 single family lots for the purpose of building 85 single family residential units for financially disadventaged families. The proposed subdivision will have a gross density of 2.1 units per acre. The subject property is adjacent on one side to developed "VR" Village Residential and 'MH" Mobile Home zoned subdivisions. On the three remaining sides, this property is adjacent to Agriculturally zoned properties containing a mix. of single family and mobile home residences. This rezoning action will generate approximately 918 trips on a weekday. Carson Road is a 2 lane road with a traffic count of 4,608 ADT which results In LOS 'C' operation. The added trips will not lower the level of service below adopted standards. The Collier County Planning Commission reviewed this petition on August 20, 1998, and with a vote qf 7-0 recommended that the BCC approve this petition. FISCAL IMPACT: ~This petition by and of itself, will have no fiscal impact on the County. However, if this amendment achieves its object,e, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on the County public facilities. The County collects impact fees prior to the Issuance of building permits to help off-set the impa.ct of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain., adopted levels of service for public facilities. In the event that Impact fee col ~,-~J,;,~. ~1 -' 1 SEP 2 2 1998 inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. ~- _ .___-_; ..,_-- _ _ · None. This rezoning action establishing a 'VR" zoning distdct is both consistent with the basic land use designation and density rating system of the Immokalee FLUE and Immokalee Master Plan. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an ama of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County commissioners approve Petition R-98-3 pursuant to the draft Ordinance of Adoption made a part of this Executive Summary. CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER EWED BY: CURRENT PLANNING SECTION -R'OBEI~T J. MULHERE, AICP, DIRECTOR DATE P ~_...,N ~G SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES IT,EM ,, AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: July 27, 1998 RE: R-98-3, Habitat for Human,ty in Immokalee. OWNER/AGENT: OWNER: Habitat for Humanity of Collier County, Inc. P.O. Box 1671 Immokalee, FL. 34143 Agent: Laura Redondo Ryan, P.E. Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, FL. 34104 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "A-MHO" Agricultural with Mobil Home Overlay to 'VR" Village Residential district. GEoGRApHIC LOCATION: The subject property is located on the north side of Carson Road approximately one mile north of Lake Trafford Road in Section 30, Township 46 South, Range 29 East, Collier County, Florida. This site consist of 39.9 acres. PURPOSE/DESCRIPTION OF PROJECT; The applicant is proposing to change the zoning classification to 'VR" in order to subdivide the property into 85 single family lots for the purpose of building 85 residential units for financially disadventaged families. The proposed subdivision will have a gross density of 2.1 units per acre. The applicant is seeking for a "VR" zoning change rather than a single family "RSF" zoning distdct because the property contains two large lakes. With the "VR" zoning, they can only build 85 homes for a density of 2.1 DU/A. The "VR" zoning district has a 5 foot side yard setback as opposed to 7.5 feet for the single family "RSF" district. In order to build similar size homes in a single family "RSF" district, they would have to subdivide the property into larger lots and create fewer lots. Thi ' ' .... SEPZZ1998 1 will increase the cost of those homes and Habitat for Humanity will not be able to build them. SURROUNDING LAND USE AND ZONING: .Existing: vacant, zoned A-MHO Surrounding: North- Pasture, zoned "A-MHO" East- Pasture, zoned"A-MHO" South-Carson Rd. ROW, single families and mobile homes, zoned "VR' and "MH" West- Pasture, zoned "A-MHO" GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of Growth Management Plan, as noted below: Future Land Use Element: The property is located within the Urban Low Residential area as illustrated on the Immokalee Future Land Use map. This designation provides for Iow density residential development with a gross density not exceeding 4 residential dwelling units per acre. The Low Residential distdct allows for a mix of dwelling types such as single-family, duplex and mObile-home subdivisions. Therefore, the "VR" zoning classification is consistent with the Immokalee FLUE provided that the density does not exceed 4 .~ dwelling units per acre. Traffic Circulation Element: The traffic impact review indicates that the proposed 39.9 acre site zoned "VR" could generate approximately 918 trips on a weekday. As a result, the proposed single family subdivision doesn't exceed the significance test standard (5 percent of the LOS "C" . design volume) on Carson Road. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any County road within the project's radius of development influence (RDI). Other apolicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Immokalee Master Plan and Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP dudng the permitting process. Development permitted by the approval of this petition will be subject to a concurrency- review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this develo ~ment. _ Therefore, this proposed rezone is consistent with the goals and policies of tt 6 GI~'i~~ ~' Staff has concluded that no level of service standards will be adversely affecte by this SEP 2, ?., 1998 2 amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for .. oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation division staff. This petition was administratively reviewed on behalf of the EAB and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Immokalee Master Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward, it may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5: (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission.~ Each of the potential impacts or considerations identified during the staff revi~ a~t'~ listed under each of the criterion noted and are categorized as either pro or con or not SEP 19! 3 applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) In addition a rezoning action establishing a "VR" zoning distdct is both consistent with the basic land use designation and density rating system of the Immokalee FLUE and Immokalee Master Plan. Comoatibility; The subject property is adjacent on one side to developed "VR" and "MH" zoned subdivisions. On the three remaining sides this property is adjacent to Agriculturally zoned properties containing several single family and mobile home residences. These properties should reasonably be expected to be rezoned to "VR" or "MH" distdct in the future. Therefore, the "VR" zoning distdct should be deemed compatible with adjacent and nearby residential zoning districts. Timing; Cleady the timing of a rezoning action from Agricultural is present when the land is within and surrounded by "Low Residential" area as denoted on the Immokalee FLUE, and it is capable of being served by sanitary sewers and potable water supplies. Traffic: This rezoning action will generate approximately 918 trips on a weekday. Carson Road is a 2 lane road with a traffic count of 4,608 ADT which results in LOS 'C' operation. The site generated traffic will not exceed the significance test standard (5 percent of the LOS 'C" design volume). The added trips will not lower the level of service below adopted standards. Therefore, the rezoning action will be consistent with Infrastructure: The site wJJi be served by. the I~ water arm sewer s .ystern. 'Ava~lab~ty' letters and construction plan approval from the Immokalee Water/Sewer District shall be provided prior to final subdivision plat and plans approval. Staff is recommending that plat approvals and the development of lots should be conditioned upon each lot being connected to the Immokalee water and sewer system. ~ An action to rezone the subject property to 'VR' is consistent with all applicable elements of the Immokalee Master Plan. Traditional planning theory further states that applications to rezone property to a use consistent with the community's Comprehensive Plan should be based upon a finding of general compatibility with zoned or developed consistent land uses. An action to rezone the subject property is deemed compatible with nearby residentially developed properties. Similarly, zoning action should be timed to the availability of infrastructure and community facilities and services. This petition if approved is timely as measured against these criteria. 4 SEP 3 2 1998 STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition R-97-8 to the BCC with a recommendation for rezoning this property from A-MHO to "VR" Village Residential zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER 5R, EVIEwED.~,Y: .. I~ONALD F. N~IN~C~;~CP, MANAGER DATE CURRENT PLANNING SECTION R E, AICP, DIRECTOR DATE P LA N N I N_/G.~rERV I C E~ S .~ VII~CENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: R-98-3 Staff report for August 20, 1998 CCPC meeting. This Petition has been scheduled for September 27, 1998 BZA Public Headng. Collier County Planning Co~ MICHAEL A. DAVIS, CHAIRMAN ,o. ~ SEP 2 2 1998 5 REZONE FINDINGS PETITION R-98-3 .... Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The proposed rezone will be compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone is in compliance with the Immokalee Future Land Use Element of the Immokalee Master Plan. 2. The existing land use pattern. Pro: The surrounding land contains residential single families and mobile homes. Con: None. Summary Findings: Evaluation not applicable. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts, Pro: This property is adjacent to "VR; zoned subdivisions. Con: None. Summary Findings: In addition to being adjacent to "VR" zoned properties, This Parcel is of a sufficient size that it will not result in an isolated distdct unrelated to adjacent and nearby districts because it is consistent with expected land uses by virtue of its location within the "Low Residential" Subdistrict on the Immokalee Master Plan. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the GMP. Con: None. Summary Findings: Adjacent land to the south is zoned 'VR" with single families and mobile homes. If approved, this action would serve to enlarge the "VR" permitted uses in the area. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary, Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE is a positive one. Con: None. Summary Findings: The rezone is consistent with the Growth Immokalee Master Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro:iCon: Evaluation not applicable. Summary Findings: The proposed zoning change will allow 85 new families move into the neighborhood. This action will not trigger adverse influence on living conditions in the neighborhood. 7. Whether the proposed change will create or excessively Increase traffic congestion or create types of traffic deemed Incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: I- An action to rezone the property as requested is consistent with all applicable traffic circulation elements. II- The property fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this project is defuse ^G~,=^ ,~,,~ NO, ~ SEP 2 2 199, 2 Con: Urban intensification results in greater volumes of traffic on the artedal and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found 'consistent a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval. In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the dsk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent properly over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would ' be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seflously reduce light and air to adjacent areas. ProlCon: Evaluation not applicable.' Summary Findings: Ali projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. AGENI 3 SEP 2 2 199 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the east, west and north side of the subject property. Con: None. Summary Findings: This is a subjective determination based upon factors which may be internal or external to the subject property. Zoning is only one component which may affect property values. 11. Whether the proposed change will be a deterrent to the Improvement or development of adjacent property in accordance with existing regulations. .... ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth , Management Plan, a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. AGENDA ITEM 4 SEP 2 2 1998 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro: The proposed rezone complies with the Growth Management Plan and is consistent with the surrounding zoning. con:' None. Summary Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. ProlCon: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. Single family dwellings traditionally alter less of the property than more intensive uses. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and Implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. SEP 2 2 1998 5 P.m. /~ -.._. Residential Designation LOW RESIDENTIAL DISTRICT A. Proposed uses are consistent with one or more of the following USES. (Circle applicable uses) (~) single family · Duplex · Mobile home (in a subdivision or Park) · Multi-family · Mixed use residential (PUD) Yes ~.,.,.'/' No N/A B. If the proposed ~use is a single family or duplex development, it is compatible with surrounding area. Yes ~/' No N/A · C. Proposed J~Le,/:t[[~_density is <_ 4 dui a, unless increased through Density Bonuses outlined on the Special Provisions form, but doesn't exceed 16 du/a. Yes ~./'/' No N/A D. Proposed uses are consistent with one or more of the following r~on- ~ uses: (Circle applicable uses) · essential Services as defined in the LDC · Parks, open space and publicly-owned recreational uses. · Community facilities such as churches, libraries, cemeteries, public and private schools, and daycare. '* '~ · Commercial Under cdteria ( See Applicable sheet). Yes No N/A V/' E.- Proposed ~ use will be compatible with and/or will support the residential character of the area. Yes No N/A SEP 2 2 1998 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 5 91-102, THE COLLIER COUNTY '.AND DEVELOPMENT ~- CODE ;~4iCH ESTABLISHED T~.E COMPREHENSIVE ~ ZONING Pd~Gb'~ATIONS FOR THE UNINCORPORATED ~ AREA OF COLLIER COUNTY, FLORIDA, BY ~ AMENDING TEE OFFICIAL ZONING ATLAS MAP :~ },%/MBER 6930S BY CHANGING THE ZONING :: CLASSIFICATION OF ."i.4E HEREIN DESCRIBED :: PROPERTY LOCATED ON THE NORTH SiDE OF :3 CARSON ROAD AT TEE WESTERN-MOST END IN ~¢ SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 :5 EAST, COLLIER COUNTY, FLORIDA, FROM ~ AGRICULTUR~/~ WIT}{ MOBILE HOME OVERLAY TO ~7 "VR" VILLAGE R~SlDENTIAL FOR THE PURPOSES ls OF DEVELOPING A SXNGL~ PAMILY SUBDIVXSION; .~& -- .. ~9 PROVIDIN~ FOR STAFF AND PLARNIN~ COMMISSION 20 STIPULATIONS; AND BY PROVIDING AN EFFECTIVE 2 X DATE. 22 ;.4 W~ERF_AS, Laura Redondo Ryan, P.E., cf Wilkison & :5 Associates, Inc., representing Habitat for Humanity of Collier :6 County, petitioned the Board of County Commissioners to change :- '-he zcn'~ng classlficat,.on of ~he here'.n described real :9 NOW, THEREFORE BE iT ORDAINED BY THE BOA~ OF COL~'fY 30 COMMISSIONERS OF COLLIER COU~-I'Y, FLORIDA: '..i The zoning classification cf the real proper~y as more ~3 .car::cu!ar!y described ky Exhlb~= "A", at'.ached hereto and 54 incor.~cra-.ed by reference hereln, and located :n Sec:zen ~, -~5 Tc',~sh:p 46 Souuh, Range 29 East, Collier County, Ficrlda, ~ Thanged from "A-MRO" Agr:cul=urai wm=h Mobl!e Home Gverlay :' .... .7." v:!lage Resadenuial and the Off'~c'~al lsn'~ng Atlas Map ~ ::umDer ~-930S, as described :n Ordinance 9:-i¢2, =ne Collier ~ C=unty Land Development Code :s hereby amended accord'.ngly. The ~0 here'.n described real proper:'... :s the same.ir' which :he rezone 4~ :s hereby approved. ~2 SECTION TwO: ~] This Ordinance shall become effec~lve upon f'~ling with the -~ ie~ar-_men-. =f S=a=e. SEP 2 2 1998 PASSED AND DULY ADOPTED by :he Board of Coun:y Ccm~,.~ssloners of Collier Coun:y, Florida, :bls day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIRMAN ATTEST: DWlGh~T E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJO;Fi~ M. STUDENT ASSISTANT COUNTY ATTORNEY SEP 2 2 1998 .. /7 QESCR,mTIQN: THE NORTMV,'ES't CORNE~ OF THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIm 46 SOUTW. RANGE 29 EAST. COLLIER COUNTY. FLORIDA; LESS THE SOUTHERLY 30.00 FEET FOR PUBLIC ROAD 'RIGHT-OF-;VAY AND LESS THE FOLLOWING DESCRIBED OUTPARCELS: OUTPARCEL THE SOUTH 260.00 FEET OF THE EAST 165.00 FEET OF' THE NORTHWEST 1/4 OF THE SOUTHEAST 1/~, OF SECTION 30. TOWNSHIm 46 SOUTH, RANGE 29 EAST. COLLIER COUNTY. FLORID".. THE ;VEST 30.00 FEET RESEPVED FOR ROAD RIGHT-OF-;VAY. THE SOUTH 30.00 FEET RESERVED FOR COUNTY ROAD RIGHT-OF-WAY. THE NORTH 60.00 FEET OF 99-1E SOUTH 90.00 FEET RESERVED FOR ROAD RIGHT-OF-V/AY, AND THE EAST 10.00 FEET RESERVED FOR A UTILITY EASEN~ENT. OUTPARGEL BEGINNING AT THE NORTHEAST CORNER OF THE NORTHV/EST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 46 SOUTH. RANGE 29 EAST. COLLIER COUNTY. FLORIDA: RUN WES? 235.00 FEET ALONG THE NORTH BOUNDARY OF SAID NORTHWEST ,/4 OF ThE SOUTHEAST 1/4; THENCE SOUTHERLY 165.00 FEET PARALLEL VVI~ THE EAS~ BOUNDARY OF SA~D NORTHW1~St 1/4, 0~' THE SOUTHEAST 1/4. THENCE EASTERLY ;00.00 FEET PARALLEL V~.TH T~-." t,IORT~.. BouNr, oAR~. 0;" SAID NORTHWEST 1/4 OF THE SOUTHEAST '/4. ,. THENCE NORTHERLY ,,90.00 FEET; THENCE NORTHEASTERLY 1go.g2 FEE? TO THE POINT OF BEGINNING THE SOUTH 30.00 At,,. TW?. NORTW ~'E-2T R--SERVEL cOP ROAD 10.00 -"~ET RESERVED FOR A UT:L'.TY EASEMEN'- CONT~,~N!N~ "~ ," ~CRES :. EXHIBIT "A" AGEN~A~I~M SEP 2 2 1998 p,, COLLIER COUNTY APPLICATION FOR STANDARD REZONE PETITION NO. R 9 8 - 3 rt~,,~,r..~ , COORDINATING PLANNER: (;hahram Badamtchian DATE RECEIVEr'S' APPLICANT NAME (ENGINEER,): Laura Redondo Ryan. P.E. PHONE: APPLICANT ADDRESS: Wilkison 8. Asso¢iae$. Inc.. 3506 Exchange Avenue. Naples. FlQrida 34104 'PI~OPERTY OWNER. (PETITIONER) NAME AND ADDRESS*: Humank_v o£Collier Coun _ry. Inc.. P.O. Box 1671. Immokalee. Florida 34143 PHONE: (941'i 6f7 4466 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 30 TOWNSHIP: 46S RANGE: 29E lqW % Qf SE % of S~tion 30. Townshiu 46 South. RanBe 29 East. Collier CountW_. Florida PROPERTY I.D.#: 68960001 SIZE OF PROPERTY: ~ FT. XJ~ FT. ACRES: 39.9 GENERAL LOCATION OF SUBJECT PROPERTY: North of Carsons Road at its western-most end. ADJACENT ZONING AND LAND USE ZONING LAND USE · N Ag Pasture S KOW ~4l'sons Road E Ag Pasture W Ag pasture EXISTING ZONING: Ag_ REQUESTED ZONING: VI1 PROPOSED LAND USE OR RANGE OF USES (OPTIONAL): Single Family AGENt .-.~.,,'o,-,~'~.,,n,~i~,-.fo,~,,~..~, Pas, 1 ~P 2 2 1998 DOES PROPEKTY OWNF_K OWN CONTIGUOUS PROPERTY TO ]'HE SUBJECT PKOPEKTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: HAS A PUBLIC HEARING FOIl. A KEZON'E BEEN ~-D ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE WRITE THE REZONE APPLICATION NO: . IS THIS PROPERTY CURRENTLY VACANT? X YES NO. IF THE ANSWEP, IS NO PLEASE DESCRIBE THE CURRENT LAND USE AND ALL EXISTING STRUCTURES. Thee are two existing homes ad_iacent to the property_, which will be served by the propgs~ right-of-way and watermaln improvements, SIGNATUKE O1~ P'~TrrlONER O1:[ AGENT If is a corporation other than a public corporation, so indicate and name petitioner officers and major stockholders. * If petitioner is a land trust, so indicate and name b~eficiaries. * If petitioner if a partnership, limited partnership or other business ~tity, so indicate and nme principals. * If petitioner is a lessee, attach copy of lease, and indicate actual owner~ if not indicated on the lease. * If petitioner is a contract purchaser, .attach copy of contract, and indicate actual owner's name and address. . ECE VED REZONE APPLICATION CHECKLIST MAY 2 7 lgg8 CARSON LAKES SUBDM$ION S30fr46SfR29E, Collier County, Florida R 98-2 DATE: May 8, 1998 APPLICANT: Habitat for HumaniW of Collier County. Florida REQUESTING REZONING FROM Ag to VR. for Development of an $5-1ot subdivision, CHECKED BY: This checklist must be completed and submitted as part of the Rezone Application. If the rezone is for a Planned Unit Development (PUD), the PUD Requirements Checklist also must be completed and submitted as part of the Rezone Application. A pre-application meeting with the Planning Services is required prior to submitting the rezone application package. The original plus seventeen (17) copies must be initially submitted of all the following information unless otherwise indicated. Additional copies will be required when the petition requires transmittal to the EAB, CCPC, and BCC. L APPLICATION FOR P~BLIC HEARING To be prepared by County Planner. IL UTILITY FORM ., Attached. ITl. ElS OR EIS WAIVER REQUEST~ IF 10 ACRES QR MOI~£ Attached. IV. PLOT PLAN/QPTIQNAL FQR RESFDENTIAL REZONES: IF PUD, SEE PUD REQUIREMENTS See the attached drawings prepared b.y Wilkison & Associates, Inc., for the following information. . ... A. Scale, date, north arrow, name of project. B. Dimensions of property C. Existing and proposed buildings, lots and uses. D. Parking and loading E. Buffers, landscaped areas, open spaces, preserves. F. Access points, existing highways, intersections, median cuts. G. Internal circulation. H. General water management features. I. Utility facilities. v. v~c~rrY MAg " See the attached drawings prepared by Wilkison & Associates, Inc. for the follow~ng information. A. Name of project. B. Location of project. VIL SUPPORT INFQRMATION.. A, Detailed description of the project including the following: 1. Uses proposed. The proposed use is for an affordable housing single family .~ .~ subdivision. 2. Acreage by land use type. The total acreage of the project is 39.9. ~at,,~^~t" a:.'lrr'X'fom:~972~ &~li(~i~ c~l~i~t Page 2 of~;£P E 2 1558 3. If roads are to be public or private, proposed connections to future or existing neighbors, location of controlled accesses, etc.. The proposed right-of way will be public and will connect to the existing Carsons Road fight, of-way to the south of the property. The new right-of-way will provide access for the two existing homes adjacent to the property at its northeast and southeast comers. There are no connections proposed for neighboring properties. There are no controlled accesses. 4. Residential Developments a. Density, number, acres and type of each residential unit. ..... Density 2.1 units/acre Total no. of units 85 Total area 39.9 acres Type of residential units single family b. If affordable housing - must comply with appropriate regulations. The project is not for affordable housing. 5. Non-residential projects (commercial, industrial) the following information should be supplied by the petitioner:. a. A delineation of the ares to be served. Market feasibility study required for large projects. N/A. b. An identification of the types of proposed uses. N/A. c. Maximum square footage ofesch type of commercial/industrial use. N/A. d. Parking requirements by use and tot.gl provided. AG£ND~ ~1 N/A. "o. ~ Pas( 3 os~s,s g',~,,,. ~ ~'~ ,~.P 2 2 1998 e. Number of employees. N/A, 6. Phasing plan. T. 'Lighting of project. Street lighting will be provided for the project. 8. Road miles to nearest sheriff substations, fire station, school, and park. Sheriff substation 3.6 miles ± Fire Station I mile ± School 1.6 miles:t: Park 2.2 miles ± B. Statement indicating how and why the proposed project complies with the Growth Management Plan including the relationship of the proposed project to density and intensity of land use. The proposed density for the project is 2.1 units per acre, which is less than the 4 units per acre permitted by the Growth Management Plan. C. Traffic Impact Analysis: See special requirements needed for transportation review. A tra_~c impact analysis is attached. D. For residential projects the following information shall be supplied by the petitioner: 1. The total number of dwelling units by structure type (Le., single family detached, multiple family, etc.) There are 85 single family detached units proposed. No other types of dwelling units are proposed. 2. The bedroom composition of each structure type. 2-3 bedrooms per unit. ' .:~. ron~=~.~ ~,,=io~ c~sai- Pa8 4 ~,f[!Sp p.. 2 1998 05/0&99 Wilkison & ~ Inc. 3. The gross and net density by proposed tracts or parcels. The proposed gross density is 2. I units per acre. The net densi~ is 4.3 units per acre. E. Reasons request should be approved. 1. List any past or proposed developments which may affect the determination of the requested change, N/A 2. Identifi/any existing construction or uses in the project area which may affect the proposed use. There are two existing single family homes adjacent to the property nt its northeast and southeast comers that will be served by the proposed right-of-way for transportation a~d by the new water main for fire protection. There are housing developments along the south side of Carsons Road which are compatible with this development. 3. Document reasons why the property cannot be used in accordance with existing zoning. The existing zoning of the property is rural agricultural, which does not permit development of' the property for single family homes. F. Historical/Archaeological survey and Assessment (if property located within Probability Area). 1. Prepared by a Certified Archaeologist in accordance with Section 2.2.25.4 of the Land Development Code, The developer is requesting a waiver of the archaeological survey. 2. Waiver of Survey and Assessment that has been approved by the Community Development Services Administrator or his designee. The developer is requesting a waiver of the archaeological survey. G. Other permits, County, State, and Federal which have been issued, applied for or required to complete the project as proposed. No permit applications have ever been submitted on this project. ~ ~o./~1-/ - 05/14,98 ~.r~,hon & ~ ln~ _... Pa. o,9~'' EXECUTIVE SUMMARY PETITION NO. V-98-13, BRIAN JONES OF TAMIAMI BUILDERS REPRESENTING ROBERT PHELPS REQUESTING A 5 FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET 10 FEET FOR THE WEST SIDE OF A PROPOSED STORAGE BUILDING FOR A PROPERTY IS LOCATED AT 2255 LINWOOD AVENUE BETWEEN DAVIS BOULEVARD AND TAMIAMI TRAIL EAST. The petitioner is requesting the above described variance to facilitate redevelopment of the property by removing the two existing storage buildings and constructing one storage building with a 10 foot side yard setback on one side of the building. CONSIDERATIONS: 'The ~ purebred a developed property which contained two metal storage buildings which have side and front yard encroachments. The applicant has also purchased the vacant lot to the east of the above-mentioned property. The applicant proposes to demolish the buildings and build one building over the two properties complying with the front, rear and one of the two side setback requirements and providing parking and landscaping per Code. The action of removing the existing buildings and replacing them with a new one will reduce the area of the leasable space. This variance, if granted, will allow the applicant to build a larger building than otherwise permitted; however, the new building, even with the variance, will be 2070 square feet smaller than the existing ones. The Collier County Planning Commission reviewed this petition on August 20, 1998 and by a vote of 6-1 recommended approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT; None. HISTORIC/ARCHAEO~.OGICAL IMPACT: SEP ~ 2 1998 Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-98-13. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER NALD F. I~N~, A~i'"CP, MANAGER DATE CURRENT PLANNING SECTION , RE, AICP, DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINIST~TOR DATE COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES AGENDA iTEM 2 SEP g g 1998 AGENDA ITEM 7-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: July 13, 1998 RE: PETITION V 98-13 AGENT/APPLI CANT: Owner:. Robert Phelps 2255 Linwood Ave. Naples, FL. 34112 Agent;. Bdan Jones Tamiami Builders, Inc. 3500 Radio Road Naples, FL. 34104 REQUESTED ACTION: The petitioner is requesting a 5 foot vadance from the required side yard setback of 15 feet 10 feet for the west side of proposed a storage building. GEOGRAPHIC LOCATION. The subject property is located at 2255 Linwood Avenue and is further described as Lot 10, 11, 12 and 49, Naples Commercial Center First Addition, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT_: The applicant purchased the property which contains two metal storage buildings built on the side' property line with front setback encroachment. The applicant has also purchased the vacant lot to the east of the above-mentioned property. The applicant proposes to demolish the buildings and build one building over the two properties complying with the front, rear and one of the two side setback requirements and providing parking and landscaping per Code. SURROUNDING LAND USE AND ZONING; ' AGE I -- SEP 2 2 1998 -1' _.._ P(3. ~ 2 2 1998 Existing: - Warehouse buildings, zoned C-5 Surrounding: North - Warehouses and auto body shop, zoned C-5 East - Vacant (Applicant's property), zoned C-5 South - ROW, Retail store, zoned C-4 West - Warehouse, zoned C-5 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's 'property is located outside an area of historical and archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or required environment relationships. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection(6)(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection (6) are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, the applicant is combining several lots. The combined lots will be 175 foot wide. There are no special conditions or circumstances warranting a side yard vadance. b. Are there special conditions and circumstances which do not result from the ac~tion of .the applicant such as pm-existing conditions relative to the property which is the subject of the variance request? No, existing non-conforming buildings which are built without any side yard setbacks, will be removed, lots will be combined and a single new building is proposed on the 175 foot wide lot. There will be no pre-existing conditio site when the existing buildings are removed. "o. SEP 2 2 1998 -2- c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? The applicant's property contains two large buildings with no side setbacks and a non conforming front setback. Removing the existing buildings and replacing them with new one will reduce the area of the leasable space. This variance, if granted, will allow the applicant to build a larger building than otherwise permitted; however, the new building even with the variance will be 2070 square feet smaller than the existing ones. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of the variance requested will allow the applicant to build a larger building than otherwise permitted. However, the applicant is proposing to replace two existing buildings with no side yard setback with one smaller building with 10 foot side yard setback. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. the variance, if granted, will reduce the side setback, which will not be in harmony with the intent and purpose of the LDC, however, it will not be injurious to the neighborhood, or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan. The granting of this variance will not change the requirements of the Growth Management Plan. SEP 2 2 1998 O STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V 98-13 to the BT_.~ with a recommendation for denial. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R~WED BY: ~ 'F~jNAED'F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION VINCENT A. CAUTERO, AICP, ADMINIST~TOR DATE COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-11 Staff report for August 6, 1998 CCPC meeting. This Petition has tentatively been scheduled for September 8,1998 BZA Public Hearing. Collier C0u,.nty Planning Comm~: AGENO,k.JTE M. -4- SEP g g 1998 I RESOLUTION NO. 99- 3 RELATING TO PETITION NUMBER V-98-13, ¢ FOR A VARIANCE ON PROPERTY HEREINAFTER 5 DESCRIBED IN COLLIER COUNTY, FLORIDA. 7 a WHEREAS, the Legislature of the State of Flor:da in Chapter 125, 9 Flcrl~a Statutes, has conferred on all counties :n Flor:da the power 10.establish, coordinate and enforce zoning and such business regulations 11 as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a.~ 1~ Development Code (Ordinance No. 91-102) which establish~e~lations 1¢ for the zoning of particular geographic divisions of the County, among x5 which is the granting of variances; and WHEREAS, :he Board of Zoning Appeals, being %ne duly elected 17 constituted Board of the area hereby affected, has held a public is hearing after notice as in said regulations made and provided, and has 1~ considered the advisability cf a 5-foot variance from the required 15 20 foot slde yard setback to i~ feet as shown on the attached plot plan, :1 Exhibit "A", in a C-5 Zone for %he property herelnafter described, :2 has found as a matter of fact that satisfactory provision and 2~ arrangement have been made concerning all applicaO!e matters required 24 by said regulations and in accordance with Section 2.7.5 of the Zoning 25 Reguia~:ns cf sai~ Land 2eve!cpmen~ 2coe f:r %he ;nln~:rpora~ed area 26 of Co!iler Count>'; anc WHEREAS, all interested parties have neen given opportunity to be 2a heard b'; this BoarO in puDli: meeting assem~!ed, an: %he Board havlng 29 ccnslcereu ali ma:ters ~resented; NOW THEREFORE 55 iT RESOLVED BY THE BOARD CF 23NING APPEALS of ]1 Collier County, Flor~da, =ha=: Tke Petlt~:n '.'-~-12 f~leo by 5rian Jones ~f :am:aml Builders, 33 inc., representing Robert ?helps, with respec: ~: the ~roperty 34 hereinafter uescrlbed as: Lo:s !0, ii, 12 and 49, Naples Com~erce Center, as recorded ~n ?ia: Boo~ 4, Fa~e ~, :f :he ~ub!i: Records :f Collier County, F!orlda ]9 ~e and =ne same nereoy Is approved for a 5-foot ';arlanc~ ~0 requlre= i~ foot side yard se:Deck :o i0 feet as ~hown S£P Z ]998 : Dior ~lan, Exh!bi: "A", cf the C-5 Z:n'-.-.$ 21sir'-:: wnere:n sai~ : property is located. BE iT RESOLVED ~hat =his Resolu:::n rela=In: =o ~e .... on Nu~er 4 V-98-13 be recorded in the m[nu=es of =bls Boaro. 5 This Resolu=ion adop=ed al:er motion, secona and majority vote. 6 Done this day cf , 1998. ? ~'ATTEST: BOARD CF ZONING APP~LS 9 DWIGHT E. BROCK, Clerk COLLIZR COUNTY, FLORIDA 10 R~BA~ B. BERRY, Chal~n is Approved as to ro~ and Legal Sufficiency: 17 1~ Mar]c~ie :4. S:uden: m0 Assis:an: Coun:y Attorney 21 22 f/v-9~-l) ~SOL~ION 24 AGEN~ I~EM, S£P g Z 1998 ~VARIANCE PETITION (VARIANCE FROM SETBACK{S) " 'REQUIRED FOR A PARTICUL~ ZONING DISTRICT) 98-13 ; PETITION NO, DATE PETITION RECEIV~. PROJECT P~NER (~OVE TO BE FILLED' IN BY STAFF) PETITIONER'S N~E Ro~rt ~el~s PETITIONER'S ADDRESS 2255 AGENT'S' ~DRESS 3500 ~dio Rd. ' TELEPHONE 6&3-51~ LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) SUBDIVISION 12~8 SECTION 50 TWP. 25 ~GE (If legal d~scripti~n is lengthy, i e metes scriDtion attach additional page) ~URRENT ZONING OF SUBJECT PROPERTY C5 EXISTING ~D USE ON SUBJECT PROPERTY Aut~ot~v~ ~op & Sheet Neta[ ADJACENT ZONING & ~D USE Fabricator ZONING ~D USE N Industrial Abuts alley adjacent to i~ustrial S C~ercial Rear of 7-11 c~ercial ' E C~ercia 1 Vacant W I~ustrial Warehouse Uarehouse MININ~ Y~D REQUIREMENTS FOR SUBJECT PROPERTY ~ONT: 2g CORNER LO.YES (CIRCLE ONE) SIDE: /~' WATER.ON LOT: (CIRCLE ONE) : O AGENDA N~. SEP Z Z 1998 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when . existing principal structure was built (include building permit number if possible); why encroachment i~ necessary; how existing encroachment came to be; etc. -"' See Attached letter (2) existing buildings 75x90 each built in early 1970's. We propose to relocate, reconstruct, beautify, remodel and reduce overall building square footage and increase front setback approx. 30'. We request a 10' side setback at one sideyard in lieu of 15', thus a 5' variance is requested. The existing buildings to"b~' removed are currently located at zero lot line setback. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning · Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the 'below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes~ an electric utility separation easement between the existing bldKs. has been vacated by FP[ to allow bldgs, to be combined together. By increasing the front setback and sacraficing 2000 sf +~- of bldR. ~ an attempt can be made to comply with parking, landscape and drair age~[p 2 2 1998 none of which are currently satisfied. 2 ~. /~- _ 2. Ar% ~here special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, the buildings were constructed prior to the codes of today. We would meet many areas of regulation where currently few or none are met. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. It would be impossible without demolishinG the buildings..I would therefore classify that as an "undue hardship". 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of t~e land, building or structure and which promote standards of health, safety or welfare. Yes, I believe it is the minimum variance possible to make a reasonable use of the land. 5. Will granting the variance requested confer on the .. petitioner any special privilege that is denied by these ~ zoning regulations to other lands, buildings, or structures in the same zoning district. Each"existing building has its own unique circumstances. To not improw upon the existing building with a willing Owner, applicant would be counter productive to the entire "Davis Triangle ~edevelopment". SEP 1998 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public wel fare. The variance will increase safety to th~.public by enhancin~ access/ egress amd p~rking and help prevent large, trucks from blocking primary access roads, 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. ,~ Yes,, every aspect of this project will be in improving compliance and use consistent with the growth management plan. ~ ,, SEP gg'1998 ] AFFIDAVIT OI, Robert Zm!'~s being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter a~.tached to and made a part of this application, are honest and tru'e to the best of my knowledge and belief. I understand thi~ application must be completed and accurate before a hearing .can be advertised. further permit Brian E. Jones ' to act as my ! (AGENT'S NAME) ' representative in any matters regarding this Petition. State ~f Florida County of Collier Th.~d foregoing A. greement Sheet was acknowledged before me this ~ day of ~ ~1996 by ~~ , who~ is persbn~y~o me or who has produced as identif~atio~ ~ who did ~take an oath. ( of Notary Public) ~¥,2",'~ .... Co~ission ] My Co~ission Expires: . SIG~~ O State of Florida County of Collier The~foregoing ~~nt Sheet was acknowledged before me this ~-~ day of~~ , 199~ by ~~G. , who is p~ally ~ to me o~~s produced as identification and who did~id~_ .not~ake/_ an oath. ~St~naturo of ~otar~ '~YI'U~];.". "~A~ECF~IU~ I ' NOT~Y PUBLIC 'MM~ION EXP. ~R. 17~ .1 Co~ i S S i O n ~ V~I~CE APPLICATION/md My Co~ission Ex S E P TAMIAMI BUILDERS Inc. GENERAL CONTRACTORS CGC005914 3500 RADIO ROAD. NAPLES, FLORIDA 34104 Ph. (941) 643.5100 · Fax (g41) 643.0550 , !uly l 0, 1998 .7,oilier County Government Development Ser~ces Division Planning Services Dept. ~_,B00 N. Horseshoe Dr. ~aples, FL 34104 .:{E: 2255 Linwood Ave. Variance Petition Request Dear Planning Commission & Collier County Board of Comm/~oners; Are represent Mr. Phelps, who owns two adjoining properties located at 2255 Linwood Ave., zoned 'C-5". The west 75' wide lot has two existing buildings, 75'x90' each constructed to zero lot line ~etbacks at both side yards. Thus, there is currently 180' at both east and west zero lot lines, which ~vould not be permitted under the current standards if built today. in response to the "Davis Triangle" improvements, l~r. Phelps desires to improve the aesthetics and .'unctionality of the buildings. He has asked us to obtain a variance to combine the two buildings into ~ single building footprint, thereby reducing the existing building to land ratio considerably and ~ncreasing the existing zero lot line setback to lO'. Our plan is to mirror image the building we are :onstructing on the adjacent lot as part of a phased development. We propose a 10' side yard setback in lieu of the 15' normally required. Thus we request a 5' · ,rariance. If the 15' side yard has to be met alter sacrificing 30' across the front yard and 10' at the side yards, there is not enough square footage remaining for the project to be economically viable ~d the existing buildings will remain unchanged. However, if the count7 can demonstrate ~exibflity regarding this issue, this project can be a win win reality and make a positive contribution ~n real/zing the "Davis Triangle" re-development. With a favorable response, Mr. Phelps hopes to proceed with site development plans and permitting. Please feel free to contact me should you need additi¢)md information. Constntctively, Bdan E. Jones Vice President ommercial Member of: ustom Homes N~tto~al Assoclatlor L~nf emodel Collier I~utt~m3 Inrlu~rv AGENOA N~ SEP 2 2 1998 EXECUTIVE SUMMARY PETITION V-98-10, SHARON M. ZUCCARO, REPRESENTING THE ESTATE OF KENNETH CULLODEN, REQUESTING AN AFTER-THE-FACT VARIANCE OF 46.5 FEET FROM THE REQUIRED REAR YARD SETBACK OE 75 FEET TO 28.5 FEET FOR PROPER'rY LOCATED AT 2300 GOLDEN GATE BOULEVARD, FURTHER DESCRIBED AS THE SOUTH HALF OF TRACT 16, GOLDEN GATE ESTATES UNIT 8, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLMER COUNTY, FL. O ECTWE; The petitioner requests a 46.5 foot after-the-fact variance from the required 75 foot mar yard setback for a structure, along the west property line to allow an existing single family home to remain as currently configured. CONSlDERAT[IONS: The petitioner wishes to allow a structure to remain as it curmntty exists on the subject property, when the south half of the tract is sold. The two dwelling units on Tract 16 were apparently constructed as a rnaln house and guest house. On the entire tract, the guest house would have been 28.5 feet from the property line (side yard) an encroachment of 1.5 feet from the required side yard of 30 feet (in 1982, spot surveys were not required). If the tract is split, however, the side yard becomes a rear yard and the encroachment is now 46.5 feet from the required 75 foot rear yard. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT; Since the use is single family residential and within the parameters of the Density Reting System, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an ama of historical and archaeological pmbablllty as referenced on the official Collier~ ISEP 1998 Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or · waiver is not required. pLANNING COMMISSION RECOMMENDATION; The Collier County Planning Commission reviewed thls petlfion on August 6, 1998, and by a unanimous vote, forwarded Petition V-98-10 to the Board of Zoning Appeals with a recommendation of approval. This Petition does not appear on the Summary Agenda because the odginal Staff recommendation was for denial. PREPARED BY: FR ,FJ~P~SCHL, SENIOr-PLANNER DATE CURR~T PlaNNING REVIEVVED BY: I~ON/ALD F. NINe, AICP DATE CURRENT PLANNING MANAGER 'RO~'ERT J. MULHERE, AICP DATE PLA~ERVICES DIRECTOR VINCENT a. CAUTERO, AICP DATE COMMUNI'D' DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR execuffve summaryN-98-10 -, SEP 2 2 1998 2 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 13, 1998 RE: PETITION V-98-10 ,~:~ AGENT/APPLICANT: Owner:. Estate Of Kenneth Culloden c/o Paul Darrow, Esquire · 945 Central Avenue Naples, FL 34102 Agent: Sharon M. Zuccaro, Agent for the Estate of Kenneth Culloden 1400 Gulf Shore Boulevard, Suite 210 Naples, FL 34102 REQUESTED ACTION: The petitioner requests a 46.5 foot after-the-fact variance from the required 75 foot rear yard setback for a structure, along the west property line to allow an existing single family home to remain as currently confi_gured.. SEP 2 1998 GEOGRAPHIC LOCATION: The subject property is the south % of Tract 16, Golden Gate Unit 8, in the southwest · corner of the intersection of Golden Gate Boulevard and 23"' Street SW. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to allow structures to remain as they currently exist on the subject property, when the south half of the tract is sold, The two dwelling units on Tract 16 were apparently constructed as a main house and guest house. On the entire tract, the guest house would have been 28.5 feet from the property line (side yardl an encroachment of 1.5 feet from the required side yard of 30 feet (in '~982, spot surveys were not required). If the tract is split, however, the side yard becomes a rear yard and the encroachment is now 46,5 feet from the required 75 foot rear yard. SURROUNDING LAND USE AND ZONING: Subject: Single family house & guest house; zoned E Surrounding: North - Golden Gate Boulevard ROW East - 23'~ Street SW ROW South - Tract 14; zoned E West - Tract 15; zoned E HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier COunty Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. I SEP221998 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7,5.6.1 through 2,7,5.6.8 which are general guidelines to be used to assist the Commission in making a determination, Responses to the items in Section 2.7.5.6 are as follows: a. Are there special conditions and circumstances existing whlch are peculiar to the location, size and characteristics of the land, structure, or building involved? No. The subject improvements could have been configured to fit on the property with the required setbacks. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The majorily of the encroachment is due to the desire of the Petitioner to split the property. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The improvements have existed for over 15 years. Their removal would cause financial hardship on the Petitioner. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, buildlng or structure and which promote standards of health, safety and welfare? Yes. The improvements are existing and therefore would be the minimum variance required. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zonlng regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the E zoning district. However, the improvements have been in this location for over 15 years. f. Will granting the variance be in harmony with the general Intent and purpose of this Land Development Code, and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will reduce the amount of the required yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such .~s natural preserves, lakes, golf courses, etc.? Yes. A structure on the tract to the west would be a minimum of 30 feet from the . property line, allowing a total separation of 58.5 feet. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Due to the fact that the subject structure will become more non-conforming with the proposed lot split, staff recommends that the CCPC forward Petition V 98-10 to the BZA with a recommendation for denial. SEP 2 2 1998 PREPARED BY: FRF:~ R~ISCHL, SENIOR PLANNER DATE CURRENT PLANNING REVIEWED BY: RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING ROBERT J. MULHERE, AICP, DIRECTOR DATE P~ SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR D~ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-98-10 Staff report for the August 6, 1998 CCPC meeting. This Petition has not yet been scheduled for a BZA Public Headng. Collier County Planning Commission: SEP 2 2 1998 J ~_SOLU,.~N ND. RELATING TO PETITION NUMBER V-98-10, FOR A VARIANCE ON PROPERTY HER£INAFTER DESCRIBED iN COLLIER COUNTY, ~LOR2DA. WHER=_AS, the Legislature cf %he State of Florida in Chapter 125, Florida S~atu%es, has conferred on all counties in Florlda the power to establish, coordinate and enforce zonlng and such business regulations as are necessary f.Dr the protection of the public; and WHERF. AS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, =he Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing al%er notice as in said regulations made and provided, and has considered the advisabili%y of a 46.5-foot after-~he-fact variance from the required rear setback cf 75 feet to 28.5 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Lena ~evelopment Code for =he unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-10 filed by Sharon M. Zuccaro, representing the Estate of Kenneth Culloden, with respect to the property hereinafter described as: The South W of Tiao: 16, Golden Gate Estates Unit 8, as recor:e: in Plat ~ook 4, Page 97, of the Public Records of 38 Collier County, Florida. 39 be and the same hereby is approved for a 46.5-foot after-uhu-~(44~A,~, '" 40 .;ar2ance f:cm ~he requ2re~ rear se:back of 75 fee~ :o 2B.5 fee~ as SEP Z g 1998 2 District wherein said property is located, subject to the following conditions: s In =he case of the destruction of the encroaching structure, 6 for any reason, to an extent equal to or greater than 50 ~ percent of the actual replacement cos= of the structure at e the tine of its destruction, any reconstruction shall conform .. ~ =o the ~rovisions cf this Code in effect at the time of ~o reconstruction. BE IT RESOLVED that this Resolution relating to Petition Ncur~er V-98-10 be recorded in the minutes of this Board. 14 This Resolution adopted after motion, second and majority vote. is Done this day of , 1998. 16 ~? ATTEST: BOARD OF ZONING APPEA/,S ~m DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 19 BARBA~,A B. BERRY, Chairman 26 Approved as =o Form and Legal Sufficiency: 26 ~8 Mar~e M. S:u~en~ 29 Assistann Coun=y At=orney SEP 2 1998 -2- :.. .g,. /,~ V-98-'10 SlOE YARD 81DE YARD ' F~ Y~ mO~ YARD EXHIBIT "A" SEP 2 2 1998 V-98-10 YARD Required yarda after tract is split SEP I FRONT YARD ~IDE YARD ,. ~ -J.t ~. '___ .., FRONT yARD SIDE YARD h FRO~T YARD Required yards for the entire tract SEP 2 2 1998 :' O EXECUTIVE SUMMARY PETITION NO. CU 98-15 TERRANCE KEPPLE REPRESENTING BRANMAR COMPANY, INC. ( BRANT BECKER, OWNER) REQUESTING THE APPROVAL OF A CONDmONAL USE . FOR A TRUCK RENTAL BUSINESS ON A C-4 ZONED PROPERTY LOCATED · APPROXIMATELY TWO MILES EAST OF RATTLE SNAKE HAMMOCK ROAD ON US-41, AND FURTHER DESCRIBED AS LOTS 3 THROUGH 6, BLOCK ONE, NAPLES MANOR LAKES, COLLIER COUNTY, FLORIDA, The petitioner is requesting the above described Conditional Use in order to add a truck rental business to a proposed equipment rental business. CONSIDERATIONS; The applicant is requesting Conditional Use '5' of the 'C-4' General Commercial zoning district for a truck rental business. The site, which Is currently vacant, consists of 2.27 ac~s. The petitioner is proposing to build an 8400 square foot building. In addition to the proposed truck rental business (SIC # 7513), this site will also Include tent and other rental equipments. It should be noted that equipment rental is permiffed In the C-4 zoning district and the conditional use is only for the truck rental business. The Collier County Planning commission reviewed thls petition on August 20, 1998, and with a vote of 4-3 recommended denial of this petition. The CCPC was concerned with the truck traffic on Floridan Avenue which is a residential street. The plan for the site indicates hvo access points on Floridan Avenue. The proposed Resolution of Approval includes a stipulation that would preclude the use of the Floridan Avenue access points for the truck rental business. If it were not for the conditional use, development of this site for a permitted use would not be subject to any legislative review nor could we apply any prohibition on the use of Floridan avenue access. FISCAL IMPAC'Fj None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT'~ Staff's anahjsis indicates that the petitioner's property is located outside an area of hlstodcal and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Sur~ey and Assessment is required. PLANNING COMMISSION RECOMMENDATION; That the Board of Zonin~ Appeals deny Petition CU-98-15. In the event the approve the petition a resolution to that effect is included with the Executive Summal 1 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER ~~BY: RONALD F. NINO, AI~P, MANAGER DATE CURRENT PLANNING SECTION ROi~'ERT J. MULHERE, AICP, DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AGENO~ ITEM Ne. ~ .._. Pe ~ AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM:' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: July 20, 1998 RE: PETITION NO: CU-98-15 OWNEPJAGENT: owner: Brant Becket Branmar Company, L.C. 939 S. Joy Circle Marco Island, FL. 34145 Agent:: Terrance Kepple Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL. 34104 The applicant is requesting the approval of a conditional use for a truck rental business on a C-4 zoned property. GEOGRAPHIC LOCATION: The subject property is located approximately 2 miles east of Rattle Snake Hammock Road on US-41, and is further described Lots 3 through 6, Block one, Naples Manor Lakes, Collier County, FIodda. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "5" of the "C-4" General Commercial zoning district for a truck rental business. The site, which is currently vacant, consists of 2.27 acres. The petitioner is proposing to build a 8400 square foot building. In addition to the proposed truck rental business (SIC # 7513), this site will also include tent and other rentat equipments. SURROUNDING LAND USE AND ZONING: ~ Existing: - vacant, zoned C-4 "° ~ SEP 2 2 1998 Surrounding: North- Commercial, zoned C-4 East - Floridan Ave. ROW, Single families, zoned RSF-4 South - Vacant, zoned C.4 ., West - US-41, Commercial and vacant, zoned C-4 STAFF ANALYSIS a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "C-4". Truck rental is permitted as a Conditional Use in the C-4 district. The subject property is designated Commercial which allows rental businesses. Con: None. Summary. Conclusion (Findings): The use in question is permitted within the Urban Residential district. This distdct allows a multitude of commercial and service uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. ob. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The pdmary access to the site will be provided from US-41. The applicant is also proposing a secondary access to the site from Floddan Ave. These access points will provide convenient ingress and egress to the site. It is staff stipulation that trucks use only the US-41 entrance for ingress and egress, Con: Floridan Ave. which will provide the secondary access points to the site is a residential road with single family residences on the north side of it. This business will increase the traffic on a small segment of this residential ro~,d. Summary_ Conclusion (Findings): The ITE Trip Generation manual indicates that this site will generate 3 to 5 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on US-41. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). - ,,.?~ -2- SEP 2 2 1998 c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro; This type of commercial land use will not create an excessive amount of noise or odor. The truck parking area will be at least 100 feet from the property line, The closest house will be 190 to 200 feet away from the truck parking area. Con: This business will generate some noise which may affect the neighboring properties. _ Summary_ conclusion (Findings): . ,, The proposed truck rental business will generate some noise in the area; however, due to the location of the truck storage area, the impact will be minimal. d. Compatibility with adjacent properties and other property in the district. ~ To the north, this property is adjacent to Capri Lawn & Garden, which is a retail sale and service of lawn mowers and small yard tractors. To the west. on the west side on US-41 there are several warehouse type buildings some are abandoned and others are in partial use. To the south, there is a vacant lot which is adjacent to an automobile service station. Con: To the east it will be separated from single family residences on a two lane residential road. Summary. Conclusion !Findings): The proposed use will be compatible on three sides with surrounding land uses. However, it will be next to single family residences on one side. In order to reduce the impact of the proposed business on the east side, the applicant is proposing to locate the truck storage area at least 100 feet from that property line. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-98-15 to the BCC with a recommendation for conditional approval subject to all stipulations contained in the agreement sheet. SEP g g 1998 --3-- . PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER ' LB F. NI~I~:~,~AI~,-~ANAGER DATE CURRENT PLANING SERVICES ,¢' ' I ~ ~ J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCEN'I= CA~JTERO, AI~P, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-98-15 Staff Report for August 20, 1998 CCPC meeting. NOTE: This Petition has been advertised for the September 22, 1998 BCC meeting. COLLIER COUNTY PLANN/I, NI~ COMMISSION: I I MICHAEL A. DAVIS, CHAIRMAN SEP ~ ~ 1998 --4-- COMMUNITY DEVELOPMENT DMSION CURRENT PLANNING SECTION PETITION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: JUN PLANNER ASSIGNED: ABOV~ APPLICATION FOR PUBLIC ~_EAaINS FOR: CONDITIONAL USE 1. ~General Information: Name of Applicant(s) Branmar Company, L.C. Applicant,s Mailing Address 939 S. Joy Circle City Marco Island State FL Zip 34145 Applicant,s Telephone #: 'Name of Agent Terrance Kepple Firm Kepple Engineering, Inc. Agents Mailing Address3806 Exchange Ave. City Naples State FL 34104 Zip Agent's Telephone #: ~0~_1780 _ Fax #:403-1787 SEP 2 2 1998 2. Disclosure'of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ~b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Brant Becket 100% '' c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: :~"~-~'~l SEP 2 Z 1998 f. If any. contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ):June 8, 1998 Term of lease yrs./mos. O If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date . h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed l~al description of tho property covered by th- ap~lication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the 4 descriptio'n, an engineer's certification or sealed survey may be required. Section: 29 Township: 50 S Range: 26 E Lot:3~&6 Block: 1 Subdivision: Naples Manor Lakes Plat Book 3 Page #:86-87 Property I.D.#: (see attached deed) Metes & Bounds Description: 4. Size of property: 225 ft. X 440 ft. Total Sq. Ft.99,000 sf Acres 2.27 5. Address/general locat£on of subject property: U.S. 41 - East Tamiami Trail 6. Adjacent zoning and land use: Zoning Land use N c-4 Commercial S C-4 Vacant E RSF-4 Floridan Ave/Single family W C-4 U.S. 41 Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: " Township: Range: Lot: Block: Subdivision: Plat Book.. Page ~:_ Property I.D.9: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # _5 _ of the C-4 district for (usz) Automotive rental (SIC 7513) Present Use of the Property: vacant ,Evaluation Criteria: Provide a narrative statement ' describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, ha~- been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify,. how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land element): ConsisteD~ with the LDCrequirement for conditional use. 6 '': "b. Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~in ~ ~6m r3 $ ~!. ~econdary from Floridan Ave. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, .. economic and odor effect: None ProPosed conditional ume is to provide rental of U-Haul trucks d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Ermn~ ~ separated by 1 vacant lot to convenience store w~th ITE~ pumps. 7 e. Please provide any additional information which you may feel is relevant to this request. The proposed use is secondary to the primary business of equipment rental, which is permitted in this zoninq district. 9. Deed Restrictions: The County is legally precluded from enforcing deed res--trictions, however, many commuDities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use_~titions on the sub~ To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature ef that hearing? None 11. Additional Suk~/ttal re2~uirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. .. a. A copy of the pre-application meeting notes; b.,.~Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8h" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distributi(n 8 STATEMENT OF UTILITT PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Branmar Company, L.C. 2. MAILING ADDRESS: 939 S. Joy Circle CITY Marco Island ZIP 34145 3. ADDRESS OF SUBJECT PROPERTY (iF AVAILABLE): U.S. 41 4. LEGAL DESCRIPTION: Section: 29 Township: 50 S Range: 26 E Lot: 3,4,5&6 Block: I Subdivision: Naples Manor Lakes Plat Book 3 Page #:86-87 Property I.D.9: Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTX UTILITY SYSTEM [] b. CITX UTILITY SYSTEM [] c. FRANCHISED UTILITY S~STEM [] PROVIDE NAME d. PACKAmE TREATMENT PLANT [] (GPD capacity) .. e. SEPTIC SXSTEM [] 6. TTPE OF ~ATER SERVICE TO BE PROVIDED: · &. COUNTX UTILITX SXSTEM [] b. CITX UTILITT SXSTEM [] c. FRANCHISED UTILITY SXSTEM [] PROVIDE NAME d. ParVATZ SXSTEM (WALL) [] 15 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMARDS: 9. ~TER-PEAK 87 gal/hr AVERAGE DAILY 840 gpd 10. SEWER-PEAK u7 gal/hr AVERAGE DAILY 840 gpa 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL ~%TER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: November 1, 1998 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 1. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance we. th all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. .. ~2. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre- application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 16 AFFIDAVIT We/I, ~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I~ understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Publi~hearings will not be advertised until this application is deemed completb,~and mall required to act as my/our representative in any matters regarding//.s/P~~. / ~ , Brant Becker /- / u- . NAME OF OWNER (Print or type) SIGNATURE OF OWNER Terrance L. Kepple NAME OF AGENT (Print or type) ~SIGNATURE OF AGENT NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier The foregoing Application was acknowledged before me this ./~ ~ day of w~o is pe~sonal~ kh~w~ ~o ~ 0r who has produced as identification and who did (did not) take an oath. ~+.,~, S~,n.H~ ~ (Print Name of Notary Public) ~ No~ ~blic. Sure orR~ ~. %~.; Commission No. CC 612722 ~o,~~ M)' Comm~sion Exp UIT~I ' &GE~C ~t~ ~0/2~/~?/~ ~=-~ ~ ~,~ ~ ~ ~,~ ~ SIP 2 2 1998 17 State of Florida County of Collier .... ~he foregoing Application was acknowledged before me this day of ~ , 19~ b Terrance L. Kepple ~ho is personal~fy known to me or .~.hc h_-: ~r_~d_ucc-a -- :-'--~:'~--~. and who-~i~L (did not) take an oath. ~0~_~ ~ ~~ (Print Name of Notary Public) NOTARY PUBLIC · Serial/Commission~ ,. My Commission Exp~,.. SEP 3 1998 """ Branmar Branmar A R£~LCTi~N ~V12~;~ ~ THE E~TABL~$H~ENT OF AUTOMOTIVE RENTAL ClNDITIONAL USE "5~ IN THE C-4 ZONING %iSTPiCT PURSUANT TO SECTION 1.2.15.~ CF THE iCLLiER COUNTY LAND iEVELSPMENT CTiE FOR PROPERTY LTTATED '" =r ...... 2~, -iWNSHiF ~' SOUTH, ~2;GE 6 EAST, C,L'iE~ C~UNTY, ~LORI~A. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such bus:ness regulat~ons as are necessary for the prs~ectlon of %he ~uslic; an~ WHEREAS, =ne County ~ursuant =tereto has adopted a Land Development Code {Ordinance No. 91-!02) which includes a .. Comprehensive Z:nln~ Ordinance es%aZl~snln~ reuuiaticns f:r the ::nln~ :f ~'r~iz'~lar :ec:racni: z~'.'~L;ns :f the ~&unty, among which is the grantln~ of Conditional Uses; an: WHEREAS, =he Collier County Plannlng Commission, being the duly appointed and constituted piann~ng hoard for the area hereby reguia=icns mace ant provided, an: nas =:nsi~erea ~h¢ advisability of .Ton=:tlonai Use "~" :f Sect::n 2.2.1f.2 in a i-4 lone for Automotlve Rental on the pro~er~y herelnaf:er :escrlbe~, an: ~as found as a mailer cf =--- r.' .~. .,-,,, dy sa~: reguiaui:ns and ~n a:rcraance '.'.'~tn S~bsect:cn 2.~.4.4 of the Lane 2eveiopment 2toe for the 2cf'let 2:unty Fiannlng CommissXon; eno WHEREAS, ~il :nterestec ~artlas :.ave teen ~l'.'en :~ortunlty to hav~no c:ns~derec a'' matters ~resente:. ::OW, THEREFORE -- ' ...... ' .,JIN~ APPEALS cf SEP Z 1998 :he pec~::cn f~:ea ~y :e::ance ~:eopie of V~cple ~no~neer~n=, inc., :epresenc~ng ~:ar~ar ::mpan7, ' ~. ~ch :espec: :o the property hereinafter desc~beo as: Exhibi~ "B" which ~s a~ached hereto and incorporated by reference here~n be and ~he same ~s here~7 approved for Condi~onal Use "? of Section accordance with =he Conceptual Mascer Plan (Exhibit "C") and subject .. ~o ~he following conditions= Exhibi~ "D" which is at~&ched hereto and incor~ora~ed by reference herein. BE IT FURTHER RESOLVED that this Resolu:ion be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman ATTEST: 2WIGHT E. BROCK, Clerk ApproveO as =o ~crm Legal Sufficlency: Ma?~rie M. Stuaen: Assistan: County At:srney No. ~ SEP 2 2 1998 DESCRIPTION LOTS 5,4.,5 AND 6 BLOCK ONE NAPLES MANOR LAKES AS RECORDED IN PLAT BOOK 3, PAGES 86-87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" SEP ~ 3 1998 EXHIBIT "C" N~ Branmar Branmar D1~1~4 BY TTTL~ ~.~',,~'h"'~"V,~'" ~r~ ,, Site Plan (~1) 4~ ~ I, Terrance Kepple, as authorized agent for Petition CU-98-15, agree to the following stipulations requested by the Collier County Planning Commission in their public headng on August 20, 1998. Planniqg Services: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. Outdoor storage or outdoor display of any kind (except rental trucks) shall be prohibited. c. Rental trucks shall use only the US--41 entrance for ingress and egress. d. A landscape buffer with one hundred percent opacity or an opaque wall or fence shall eight feet in height shall be installed along the property line along Floridan Avenue. PETITIONER OR AGENT State of Flodda County of Collier The foregoing Agreement Sheet was acknowledged before me this __ day of ,1998 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: EXHIBIT "D" -3.- SEP 2 2 1998 REPRESENTATIVE FOR CCPC State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of ,1998 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: SEP g 2 1998 ,.,.. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ., A. Consistency with the Land Development Code and Growth ~ Management Plan: ~-'/N Yes o B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress/ Yes No ~ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: N9 a.~fect or Affect mitigated by -- t--' Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within~istrict Yes ~ No Based on the above findings, t~~l use should, with stipulations, (copy attached) ~ul~ notre recommend~or a~p~oval f/CU-98-15 FINDING OF FACT C]{AIRF~%N/ $£P 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th ~and Development Code and Growth Management~n: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: F/es Adequate ingress & s Yes V No C. Affe~s neighboring properties in relation to noise, g~a/e, economic or odor effects: ~'No affect or Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr~ct: Compatible u~e//Qithin district Yes ~' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~m~~be r approval ~ e/~ended for f/CU-98-15 FINDING OF FACT MEMBER/ SEP 3 2 199B FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.' Consistency with the Land Development Code and Growth Management Plan: Yes No ~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~'/No C. Affects neighboring properties in relation to noise, glare/economic or odor effects: d/~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No 6/ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval j~~ ~ f/CU-98-15 FINDING OF FACT MEMBER/ SEP 2 2 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Develo/~nent Code and Growth Management Pl~a~_.: Yes .~' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case .,f fire or catastrophe: Adequate ingress & egress Yes __ No ·" C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or __ Affect mitigated by ,/ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within d~ct Yes No Based on the above finding.s, this conditional use shouf~ with stipulations, ~ ~ =. LL___~ __'_) (should not) be recommend6d'- for approval /v/~' · ,?~,.. DATE: ~ MEMBER ~ '~- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the .~. ~public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ¥ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: o affect or \ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above finding~al use should, with stipulations, (copy attach~) (should not) 7be recommended for ~CU-98-15 FINDIN(] OF FACT MEMBER/ SEP 1990 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~'" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenJence, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes b/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or L.-' Affect mitigated by.4, Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached). (should not) be recommended for approval . f/CU-98-15 FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-15 The following facts are found: 1. Section 2.2.15.3.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ~A. consistency with the Land Development Code and *' Growth Management Plan: Yes , ~// No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenienc~ , traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes ~,' No C. Affects neighboring properties in relation to noise, glare~,economic or odor effects: ~ No affect or __ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,/No Based on the above findings, ~_~,~7.~ditional use should, with stipu..!ations, (copy attached~.~[shottld-not) be recommended for approval e/CU-98-15 FINDING OF FACT ME~BER/ No, ~ t,4,J ¢'_ SEP 2 1998 1 2 RESOLUTICN 98- 3 6 A RESOLUTiOU PPOVIDING FOR THE ESTABLISHMENT ? OF AUTOMOTIVE RENTAL CONDITIONAL USE "5" IN 8 THE C-4 ZONING DISTRICT PURSUANT TO SECTION 9 2.2.15.3 OF THE COLLIER COUNTY LAND 10 DEVELOPMENT CODE FOR PROPERTY LOCATED IN II SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 ~2 EAST, COLLIER COUNTY, FLORIDA. 14 ]$ WHEREAS, the Legislature of the State of Florida in Chapter 16 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has 17 conferred on Collier County the power t~ establish, coordinate and 18 enforce zoning and such business regulations as are neoessary for the 19 protection of the public; and 20 WHEREAS, the County pursuant thereto has adopted a Land 2] Development Code (Ordinance No. 91-102) which includes a 22 Comprehensive Zoning Ordinance establishing regulations for the 23 zoning of particular geographic divisions of the County, among which 24 is the granting of Conditional Uses; and 25 WHEREAS, the Collier County Planning Commission, being the duly 26 appointed and constituted planning board for the area hereby 27 affected, has held a public hearing after notice as in said 28 regulations made and provided, and has consldered the advisability of 29 Conditicnal Use "5" cf Section 2.2.15.3 in a C24 Zone for Automotive 30 Rental on the property herelnafter descrlbed, and has found as a 31 matter of fact (Exhibit "A") that satisfactory provision and 32 arrangement have been made concerning all applicable matters required 33 by said regulations anO in accordance with Subsection 2.7.4.4 of the 34 Land Development Code for the Collier County Plannlng Co~nxssion; and 35 WHEREAS, all interested parties have been given opportunity to 36 be heard by this Board in a public meeting assembled and the Board 37 having considered all matters presented. 38 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD CF ZONING APPEALS of 39 Collier County, Florida that: SEP 2 2 1998 -1' ! The petition filed by Terrance Kepple cf Keppie Engineering, 2 Inc., representing Bran.mar Company, L.C. wxth respect to the property 3 hereinafter described as: 5 Exhibit "B" which is at:ached hereto and incorporated by 6 reference herein 7 be and the same is hereby approveO for Conditional Use "5" of Section 8 2.2.15.3 of the C-4 Zoning District for Automotive Rental in 9 accordance with the Conceptual Master Plan (Exhibit "C") and subject 10 to th~ following conditions: 12 Exhibit "D" which is attached hereto and incorporated by 13 reference herein. 14 BE IT FURTHER RESOLVED that this Resolution be recorded in the 15 minutes of :his Board. 16 This Resolu%ion adopted after motion, second and majority vote. 17 Done this day of , 19~8. 19 20' BOARD OF ZONING APPEALS 2! TOLLiER COUNTY, FLORIDA 22 23 BY: 24 BARBARA B. BERRY, Chairman 26 ATTEST: 27 DWIGHT E. BROCK, Clerk 28 29 30 31 Approved as to Form and 32 Legal Sufficiency: 33 34 Mar]orie M. S:udent 35 Assistant Coun:y Attorney 36 f/¢u-~e-~5 R£$O~UT:ON 37 38 SEP 2 2 1998 3,5'- _ _ O REQUEST TO APPROVE THE FINAL PLAT OF "NAPLES WALK" OBJECTIVE: TO approve the final plat of "Naples Walk", a sut:xtivision of lands located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. CON~IDERATION~ Engineering Review Section .has completed the review of the construction drawings specifications, and final plat of "Naples Walk". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. It is the intent of the developer to c~nstruct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. E~gineering Review Section recommends that the final plat of "Naples ,Walk" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County Ss as follows. The project cost is $636,605.00 to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $187,831.00 b) Drainage, Paving & Grading - $448,774.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total.: $12,080.79 Fees are based on a construction estimate ~ $636,605.0~ and were paid in June, 1998. Executive Summary Naples Walk Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 695.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 939.16 Drainage, Paving, Grading (.425% const, est.)- $1907.29 c) Construction Inspection Fee Water & .~ Sewer (1.5% const, est.) - $2817.47 Drainage, Paving & Grading (1.275% const, est- $5721.87 GROWTH MA/~AGEMENT IMPACTs The Concurrency Waiver and Release relating to ¢~nditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOM/(E/qDATION: That the Board of County Commissioners approve the final plat of "Naples Walk" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. ~) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. SEP 2 998 Executive Summary Naples Walk · Page 3 PREPARED BY: $ John R Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager ~oSe~t Mulhere, AICP Date Pla~n~ Services Dep~r Vincent A. Cautero, AICP, Administrator Date .Community Development & Environmental Services Community Dev. and Environmental Svcs DIVISION jrh CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUC%ION AND lvIAINTENANCE AGREEMENT FOR SUBDIVISIO;~ iMPROVEMENTS entered into this _ day of 1998, between Vanair Partners, LTD., hereinafter referred to as 'Developer, and the Board of County Commissioners of Collier County Florida, hereinafter referred to as the 'Board'. RECITALS A. Developer has simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Naples Walk. B. Division 3 o of the Collier Ce.hr. Land Development Code' requires the Developer to post appropriate guarantees for the construction of the improvements required said sut~division regulations, said guarantees to l~e incorporated in a bonded agreement for the .... t'~'ct;o- cf the r~ott:.:ed Lmor,',vements. ..- ....=-,o= in c~nsidera:ion ef ~i'~e foregoing premises and .-,,,,,~ ce,.,er_~:.~.s, NOVV, ~ H~.x.e... u,~_., ' ....... hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed; The required improvements as set forth in the site construction cost est~ate ("Estimate') prepared by Q. Orady Minor & Associates, P.A., a copy of which is attached hereto and incorporated herein as Exhibit "A' within twelve (12) months from the date of approval of said vabdivision plat, said improvements hereinafter referred to as the required improvements. 1 S E P ,~ Z 1998 .. .o. ,~' DirectOr or his designee shall inspect the improvements and, if found to be still in compliance with C;llier County Land Development Code as reflected by final appwval by the Board, the Board 'shall release the remaining 10% of the subdivision performance security. The respom~, tbility for maintenance of the required improvements shall continue unless ~'the Board' aCCepts r~sponsibility for and by the County. 6. Six (6) months after the execution of this Agreement and once every six (6) . · ,,.~.-,- = .... : -" ..... · - ~:=;.' r:~::-.st the Deve~.opmen:al Servi¢:s Dire~:,~; :~ .':"."'. '. i: i...~.EI.2_~ ,~ .................... ~ - dollar amount of the subdivision performance security, on the basis of work completed. Each reqUest for a reduction in the dollar amount of the subdivision performance security shall be . accompanied by a Statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Dev. elopment Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 7. In the event the Developer shall fail or neglect to fulfill its obligations under this A~ree'~, ent, t:~.o.'., ..-,..ed';Ecar'.oe of sucl", failure, the County Administrator may ca!! upon the su~:.,,'i~en -'°-:~--.°'.' sc:..:i:? to secure satisfactory' completion, rep,:!r a:'.C m>:~r, te,~n:-' u,.' the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board therefore, including, but not limited to, engineering, legal and other contingent costs, together with any damages either direct or 3 SEP 2 2 1998 consequential which the Board may sustain on account of the failure of the developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this day of 1998. Signed. Se.lled and deliv/e~d Vanair Partnq.,,s';', LTD, in t~nc,~f.~y a Florida l~ted,' .~ftnersl~.__ By: ~ ~ Dale G.'-Hafele, Vice"Pr~ident. Vanair Inc,. a Florida Corporation. ~h, al. 'I2. ~.~ ~V'-~ ~ Managing Partner of Vanair Partners, LTD. Name of Witness Signature of Witness -.P,,' ":.c, / ..,''~:' ,' Name of Witness .... '"". 7"2'A '".7'i ':': ~. _"..2 .... · '~ ".'2 L'--' 2. E 7.','~ '_ K."" '2k.:2 ,7: l:' ~,--~-,, :.._,- -v.~.._.. '2:.. 2", 5_%', 7L .... . By: ' Deputy. Clerk Chairman Approved as to form and legal sufficiency (f.~Collier County Attorney SEP 2 ~ 1998 COLLIER COUNTY LAND r.,EVELOP,~IENT CODE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 373 ISSUER: SUNTRUST BANK, SOUTHWEST FLORIDA, a Florida corporation aaa state ~anered ba~. 12751 New Brittany Blvd., P.O. Box 3454, Fort Myers, FL 33918 ~ereinafter 'Issuer') PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until July ~r~ ,1999, and shall thereafter be automatically re~e..v~ ."~r successive one-year periods on the anniversao' of its issue unless at least sixty (60) days p".or to APPLICANT: VANAIR PARTNERS, LTD., a Florida limited pannership, 12995 S. Clevelaad Ave., Ste. 214, Ft. Mye:s. FL 33907 (hereinafter "Applicant') BENEFICIARY: The Boar~l of County Commissioners. Collier County, Florida, (hereinafter *Beneficiary') c/o Office of the County Attorney. Collier Coumy Courthouse Complex, Naples, Florida. AMOL'NT: SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS ($700,000.00) (L'.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on me Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAW ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENrl' PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "VANAIR PARTNERS, LTD., a Florida limited pannership ~'.. ~ .ra;'-.: .,.. ~ :o cons'.r'..'c: ar, d/or m~intain the imDrovernems, associated with that cemaln plat of a sulx~ivision kn.~'~a Beneficiar:'." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn trader SUNTRUST BANK_, SOUTHWEST FLORIDA, a Florida corporation and ~ue chartered bank Credit No. 3'73, dated July ~, 1998." The original Letter of Credit and all amendments, if fay. must be presemed for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in fay way be modified, amended, or amplified by reference to any document, hutrumem, or agreement referenced to herein or in which this Letter of Credit rela~es, and fay such reference ~all ,,or be deemed ~o i~corporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under fad in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. SEP 2 2 1998 APPENDIX A - STANDARD LEGAL DOCUMENTS This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Comrr~rce Publication No..100. SUNTRUST BANK, SOUTHWEST FLORIDA. .a Florida, corporation and state chartered ba~tk 12'/:$1 New Brittany Blvd. P.O. Box 3454 ~Fort Myen, FL 33918 By:~ STEVEN A. CONE:': S~nior Vice Presider,: SEP 2 2 1998 FOR N.a~PLES WALK Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers · Land Surveyors · P~anners 3800 Via Del Rey Bonita Springs, Florida 34134 (941) 947-1144 MAY, 1998 F:COV£R.PG SE P 2 2 1998 SCHEDU'LE "A" CLEARLNG ~N"D EARTHWORK A-1. Clear and grub road, lake and berm areas. Unit Quantity Unit Price Total Price L.S. 1 $6.000 S 6,000 A-2. Cons::'.:: sii~ fence aa~ maintain in place until completion of construction per plan and details per lineal foot installed. Unit Quantity. Unit Price Total Price L.F. 1,140 S 2.00 S.2,280 I A-3 Construct and maintain floating turbidity barriers. Unit Quantity Unit Price Total Price L.S. 1 S 6.000 $ ,.,,000 Total Schedule "A" $. 14,280 DOC SEP 2 2 1998 SCHEDULE "B" DRAEN'AGE IblPROVENLENTS Furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessar?'), installation, backfilling, compaction, compaction testing in roadway areas, final grading, coordinating with other contractors and utility companies, flushing. clean-up, seeding of all area disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on these contract documents. ITEM DESCRIPTIO. O_~ ~ OL'.-L\'TITY k~'IT PRICE TOTAL PRI~-E B-1 15" RCP L.F. 112 S 15.00 S 1,650 B-2 14" x 24" RCP L.F. 28 S 18.00 S 504 B-3 18" RCP L.F. 793 $18.00 $ 14.274 B-4 24" RCP L.F. 2.011 $ 25.00 $ 50.275 B-5 30" RCP E.F. 182 $ 35.00 $ 6,370 B-6 36" RCP L.F. 473 S 45.00 $ 21.285 B-7 Catch Basin EA. I 1 $ 1.400 $ !5.400 F LC. T :-'.':,: "C" B-8 Catch Basin EA. 1 $ 1,400 $ 1,401) FDOT Type "E"-Mod B-9 Catch Basin EA. I $ 1,400 $ 1,400 FDOT Type "H" B-10 Throat Inlet EA. 14 $ 1,500 $ 21.000 B-Il Junction Box EA. 2 $ t,700 $ 3,400 FDOT Type C B-12 24" ME EA. 2 S 420 $ 840 SEP 2, 1998 SCHEDULE "B" Continued ITEM ~ UN'IT ' A NO_L~[~_~ B-13 36" ME EA. 2 $1.500 S~__ B-14 Construct Dry L.S. 1 S 7.500 Pretretment Areas Total Schedule "B" $~ F..~w5 B~D DOC SEP 2 2 1998 , Pr:_ /,,.,? . .. SCHEDULE "C" SANITARY SEWAGE COLLECTION SYSTEM Includes furnishing and handling of ali required materials, connection to other pipelines, all excavation (including rock and over-excavation if necessary), de-watering, bedding material (if necessar)'), pipelir.-. installation, back filling (/reported fill if necessary), compaction, compaction testing in roadway areas. televised tape, infiltration and exfiltradon testing, flushing, grouting, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide Owner, DEP and Collier County v,'irh acc, m.-~e'e w:rk!ng sewage coitec:~on synem as shown on :he draw!ngs and specified in these con:tact ITEM DESCRIPTION L.'NI___J_T .,OUA,N'TITY ~ ~ C-1 8" Gravity Sewer 0' - 6' Cut L.F. 250 S 16.00 S 4 0 0..~_~..q~ C-2 8" Gravity Sewer 6' - 8' Cut L.F. 900 S 22.00 $ 21 780 C-3 8" Gravity sewer EA. 235 S 30.00 S 7.050 8' - 10' cut C-4 Manhole 0' - 6' Cut EA. 3 S~5 S 3.825 C-5 Manhoie 6' - 8' Cut EA. 2 S 1.525 S 3.050 C-6 :.:ar.;-,c.e 8' - lC.," Cu: EA. 2 51.900 S C-7 6' Single sewer EA. 5 S 250 service C-8 Pump Station EA. I S 50.(X~ S 50.000 C-9 4" Force Main L.F. 880 S9.00 $ 7 920 DR-25 C-10 4' Force Main L.F. 60 $_1.!._-~ S._660 DR-14 Total Schedule "C" $103.335.00 ' I~:NW5 BID DOC SEP 2 2 1998 SCHEDULE "D" WATER DISTRIBUTION SYSTEM Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connection to other pipelines, all excavation (including rock and over-excavation if necessary), de-watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction. compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary, to complete the system and provide the Owner, DE? :- -'..? :-!2-:.- C:::.".7: w!:E a complete wcrking water distribution system as shown on thc dr.awing.; and sF. zciSed in t3.ese contract documents. ITEM ~ ~ ~ ~ D-I 8" C-900 CLi$0 L.F. 295 $ 14.00 $4.1.L PVC Water Main D-2 8" C-900 CL200 L.F. 1.312 S 18.00 PVC Water Main D-3 8" In. line EA. 4 $ 800 $ 2 0~ Gate Valve D-~ BSV (Permanent) EA. I $ 850 _' :, .:e:: ~,:, z.x:~r~n.< _.-,.r" _'~ S .3,3CC S 7" C."0"'" D-6 3" Water Service Conduit EA. 5 $300 $ 1 5_L._5.5.5.5.5.~~ D-7 Fire Hydrant Assembly EA. 2 Stied.100 $4.200 D-8 Backflow Preventor EA. 1 S20_Q..,.Q~9__~ $20.000 D-9 Jack & Bore EA. 2 $~ Total Schedule "D" $ 84,4~6.00 F NWSIIiD DUC SEP 2 2 1998 SCHEDULE "E" ROADWAY CONSTRUCTION Roadway construction complete per Collier County specifications including compacted fill. stabilized subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside grading for full width of right-of-way and easements, finish grading. seeding, mulch and 1 foot strip of Floritam sod at edge of valley gutter. E-1 2" Asphalt S.Y. 4,390 S ~,$0 F2 ' "-TT?e $-3 E-2 8" Limerock Base S.Y. 4,390 $ 5,~) S 21.950 E-3 12" Stabilized Subgrade S.Y. 5,120 $ 2,00 S 10.2~0 E-4 Type "E" Mod. Curb L.F. 160 S 6.00 S 960 E-5 Type "F" Curb L.F. 2,220 S 6.00 S 13.320 E-6 1' Floritam Sod L.F. 3.290 $ 0.35 S 1.152 E-7 Seed & Mulch AC 20 $1,200 S E-8 12" Stop Bar L.F. 36 $ 3.00 S 105 -'- ' '::?-,.,- :'I si~z.'..s _::::p Sum 5 2,5,33 .5 2._'..r~., ?..~. sign pos.'.s as shown on the plans E-10 Reflective pavement Lump Sum $ 500 S 500 markers E-Il Street Lights. complete L.S. 1 $10,000 S 10.0c'O E-12 5' Conc. Sidewalk L.F. 1,610 $ 6.50 E-13 8' Conc. Sidewalk L.F. 1,030 $ I0.00 S |0,300 Total Schedule "E" $120,860,00 F,NWgBID DOC AGENDAJT,~u. ..... SCHEDLrI.,E "F" LAN"DSCAPE BUFFERS Include furnishing and handling of all required material to construct the landscape buffers including trees, shrubs, ground cover, mulch and irrigation system complete per the final landscape plans. F-i Canopy Tre~s EA. 174 $125 S~ F-2 Shrubs (3 gallon) EA. 1,640 $12.00 S.. 19,650 F-3 Shrubs (10 gallon) EA. 553 $ 20.00 S I1.060 F-4 Irrigation System L.S. 1 S 20,000 S..20,000 F-5 Sod S.F. 46,700 S 0.30 S 14,010 F-6 Mulch L.S. 1 5.8,000 S_8_..Q0f'_.L Total Schedule "F" $ 94,500.00 F:NWSBIDDOC AGEND, Ne. ISEP 221998 .......... /7 SCHI-.DtrI.E "G" OFFSITE D, IPROVEMENTS Roadway construction complete per Collier County specifications including compacted fill. stabihze~ subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing b.', aa independent laboratory, roadside grading for full width of right-of-way and easements, finish grading. seeding, mulch and 1 foot strip of Floritam sod at edge of valley gutter. r.~ '* ~--,~,.,:- S.Y 2.900 S 3.50 S (2 1"-Type S-3 Lifts) F-2 8" Limerock Base S.Y. 2,900 S 5.00 ~ S8 '~"~ [-3 ]2" Stabilized Subsrade S.Y. 4,160 $ 2.00 F-4 Box Culvert L.F. 64 $ 350 F-5 Type "F" Curb L.F. 500 S 6.00 F-6 1' Floritam Sod L.F 1.570 $~ F-7 Seed & Mulch AC 1 S 1 200 S 1 200 F-8 i2" Stop Bar L.F. 12 $ 3.00 S~~ Y-9 -~;~,-.,:~ .,:' ~:,:--< " .... Sum 215,3 5 and sign posts as shown on the plans F-10 Reflective pavement Lump Sum $~ $2.500~ markers E-11 Remove Existing Pavement L.S. 1 $2.000 Total Schedule "G" $ 64,806.00 CHED 'LE UMMARY SCHEDULE 'A", Clearing and Earthwork SCHEDULE 'B", Drainage Improvements $~--- SCHEDULE 'C', Sanitary Sewage Collection System $~ ..... SCHEDULE "D", Water Distribution System 8~_ . SCHEDULE "E", Roadway Construction SCHEDULE "F", Landscape Buffers SCHEDULE "G", Offsite Improvements TOTAL $ 636.____605.00 F:NWSBID.DOC N~. SEP ~ ~ ~998 · EXE SUMMARY RECOMMENDATION THAT ~ BOARD OF COUNTY COMMIgSIONERS APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS TO COVER LEGAL SE~ CHARGES AND FIRE PLAN REVIEW ~ TO have the Board ofCourRy Commil~ol~rs approve a blaclget amendment to transfer funds from Reserves to cover legal settlement charges and fire plan nview. CONSIDERATION: Legal ~-ttleme~! charges for $16,822.71 was not budgeted in FY97. Fire Plan Review is based on permit revenue and was estimated. Permit revenue FISCAL IMPACT: The fiscal impact of this project will requite the approval of budge! amendment in the amount of $45,000. Fire service is based on permit revenue and revenue has exceeded the estimation. Legal settlement charges was not bu~ in FY97. Funds for these services ~e ava/fable and will be allocated/n the following 113-919010-991000 (Contingency R~m'ves) ($45,000.00) 113-138915-649110 (Legal Settlement Charges) $15,822.71 Other Contmcaml Services) $28,177.29 GROWTH MANAGEMENT IMPAq: None RECOMMENDATION: The Board of County Commissioners approve the budget amendment to transfer funds from Reserves for Contingency 113-919010-991000 into -- Ed Peri~, DireCtOr SEP 2 2 1998 Vincent A. C. autero, AIC?, Admini~ Community Development & Envim~mmtal Servic~ Di, isioa EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.654 "JOLLY/EVERS COMMERCIAL EXCAVATION" LOCATED IN SECTION 8 AND 17, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON THE SOUTH BY 41rr AVENUE NE, AND ON THE NORTH, EAST AND WEST BY LAND ZONED ESTATES. To izzue an excavation permit to John Evers for ~he project known as "lolly/Evers Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner ~ to excavate a 1.9 acre on 5 acres of Estates zoned pwperty and remove the excess material, FISCAL IMPACT: Application Fee $ 850.00 113 138900329400 PermitFee $ 142.00 113 138900322496 Traffic Impact Fee (approx.) $1,306.00 338 (District 6) GROWTH MANAGEMENT IMPACT: None. PLANNING RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.654 to John Evers for the project known as "Jolly/Evers Commercial Excavation". Following stipulation: 1. The excavation shall be limited to a bottom elevation of 20 fl. below existing grade. 2. Off-site removal of material shall be subject to ~Tranzportation Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). 3. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review, however, blasting appears to be unn~. 4. If trees are to be removed as a result of the excavating operation, a Tree Removal Permit, requ/red by Ordinance No. 92-73, Dividn 3.9 shall be obtained from Collier County Project Plan Review before work shall commence. 5. Ail Provisions of Collier County Ordinance No. 93.73, Division 3.5 shall be adhered to. PREPARED BY SEP 2 2 E 98 Pg, PREPARED BY STAN CHRZANOV~KI, P.E. DATE SENIOR ENGINEER REVIEWED BY: THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER · xu~.,~ j. NIULHERF~ AICP DATE' VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. $9.654 EX SUMMARY/mk AG£NO~ITEM SEP 2 2 1998 PO. COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS!'. EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: I. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the perminee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. 3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two $[:'P 2 2 1998 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release fi.om the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Page Two of Two SEP 2 2 1998 EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DERELICT VESSEL REMOVAL GRANT. OBJECTIVE: That the Board of County Commissioners authorize the Chairman to sign the Agreement for the $5,000 grant for derelict vessel removal offered by the Florida Department of Environmental Protection CFDEP). CONSIDERATI~ 1. There are currently over I00 abandoned derelict vessels located in Collier County which present safety hazards and are unsightly. 2. FDEP offers up to $5,000 annually to coastal counties for the removal and disposal of derelict vessels. If the grant is accepted, the County could remove eight or more derelict vessels. B. The BCC previously approved the application for this grant on April 15, 1997, Agenda Item # 16A2. FISCAL IMPACT: The Derelict Vessel Removal Grant is a reimbursement of up to $5,000. The Natural Resources Department, which oversees the Waterway Management Program, will need to submit a Budget Amendment to increase contractual services within the Natural Resources Grants Fund 117 by $5,000 for FY98/99. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the BCC authorize the Chairman, on behalf of the County, to sign the attached Derelict Vessel Removal Grant Agreement (DV98-06) and approve the necessary budget amendments as outlined above. ~l/~a~n D. Lorenz, .~r.,~.E., Director Natsal/R/~ources Department Approved by: ' Date: '~--/g ~ ~ ~,so~ Vin6ent A. Cautero, AICP, Administrator Community Development & Environmental Services Division $£P ,~ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DERELICT VESSEL REMOVAL GRANT AGREEMENT DEP GRANT NO. DV 98-06,. THIS GRANT AGKEEMENT is entered into this day of .19 . between the State of Florida, Department of Environmental Protection, hereinafter referred to a~ the DEPARTMENT. and Florida Collier Coun~ Board of Count~ Commissioner~ hereinafter referred to as the GRANTEE. W'ITNESSETH: WHEREAS, the DEPARTMENT has established a program to provided grants to coastal local gove~ments for the removal of derelict vessels from the public waters of the state pursuant to Section 376.15(2Xb), Florida Statutes (Program}: and VfHEREAS a county is a local government as defined by Florida Statutes: NOW THEREFORE, the DEPARTMENT and GRANTEE do hereby mutually a~ee as follows: 1. Definition~ Scope and Qualitn' of Grant Services a. The GRANTEE shall administer the removal and disposal of designated derelict vessels as an independent governmental authority and not as an employee, agent, or representative of the DEPARTMENT. b. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said vessel has been designated as a derelict vessel by the Florida Marine Patrol as prescribed by General Orders 31 procedures. c. Only derelict vessels that appear on the grant application, which is made a part ofthi5 Agreement by reference, are eligible for grant monies. d. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites. permitted landfill locations and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the Secretary. of the Department of Environmental Protection. e. No grant monies for the removal or disposal of a given derelict vessel shall be paid to the GRANTEE until said vessel has been legally removed and disposed of and such removal and disposal properly documented by the GRANTEE. f. The GRANTEE shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal of the designated derelict vessels. The GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal and local governments which are applicable to the work accomplished pursuant to the attached Agreement. Full responsibility for such compliance shall rest with the GRANTEE. g. Any pollutant found to be contained within a designated derelict vessel shall be removed and properly disposed of by the GRANTEE prior to the removal of said vessel. h. The GRANTEE shall be entitled to the salvage value of any grant-designated derelict vessel or any part(s) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the removal and disposal costs for each derelict vessel. vvg~.o~ SEP 2 2 Page I of 7 i. The GRANTEE agrees that all work shall be performed by competent employees experienced and qualified to do the work specified in the attached Agreement, and that all work will be performed in accordance with the best commercial practices and without unnecessary delays. The GRANTEE and its subcontractors shall use suitable, modern equipment necessary for the satisfacto~' execution of the Agreement. j. The GRANTEE shall not be entitled to payment from grant funds for any designated derelict vessel for which the removal and disposal of same was accomplished prior to the award of the grant or subsequent to the close of the grant period established by the DEPARTMENT. k. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or purchase of coverage from an authorized insurer, in sufficient amount to protect the GRANTEE from any and all claims, including pollutant spillage and death, which may arise from operations under this Agreement. The GRANTEE shall require any subcontractor to carry' insurance coverage as necessary to protect the subcontractor and GRANTEE from any and all claims arising out of the subcontractor's participation in activities related to this program. Certificates of such insurance shall be subject to the approval of the DEPARTMENT for adequacy of protection and name the DEPARTMENT, Board of Trustees and the Internal Improvement Trust Fund and the State of Florida as additional insured. All certificates of insurance shall contain a provision that the insurance will not be cancelled for an.',' reason except after thirty. (30) days written notice to the DEPARTMENTS project - manager. I. The GRANTEE shall make a reasonable effort to recover from the derelict vessel owners all grant funded removal and disposal costs incurred pursuant to this Agreement. An.,,' such recovered monies shall be reimbursed to the DEPARTMENT. m. The DEPARTMENTs performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. n. An awarded Derelict Vessel Removal Grant shall be subject to pre-audit and post-audit review by the DEPARTMENT or its representative. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three fiscal years following the end of the fiscal year in which final grant pa.xTnent is made by the DEPARTMENT to the GRANTEE. Said records and documents shall be made available ' to the DEPARTMENT or its representative upon request. 2. Removal, Disposition and Change Orders of Derelict Vessels a. The derelict vessels listed in the GRANTEE's "Application for Derelict Vessel Removal Grant" (Attachment A) which is made pan of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbursement funds allow, unless during the time of removal a listed vessel is no longer on site, in accordance with the provisions of this Agreement. b. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the vessels to be removed under this Agreement. Ali change orders are subject to the mutual agreement of both panics as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to this Agree~~ amendments shall be in writing and signed by both parties. DV98-06 SEP 2, 2 1998 Page 2 of 7 3. Pavment of Grant Monies a. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE. actual expenses incurred up to a total grant amount not to exceed $5,0~0 under this A~eement. Payment requests and expenditure documentation shall be submitted in accordance with. and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail for a proper pre-audit and post-audit thereof. However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph lb. Salvage recovery must be documented. Reimbursement under this agreement does not include travel or any adminis~ative costs. b. The request for reimbursement shall consist of an invoice on the GRANTEE's letterhead, clearly marked as invoice, and verification letter from the Florida Division of Law Enforcement that the vessels(s) have been removed and Attachment B of'his A~eement entitled ~Disposition Certification for Derelict Vessels". Receipts clearly reflecting the dates of service and back-up documentation shall be submitted with the final invoice. One invoice is allowed under this Agreement. The GRANTEE shall submit a final invoice to the DEPARTMENT no later than November 15, 1999, to assure the availability, of funds for final payment. c. Only eligible costs identified in the Grant and Contract Accountability Policy shall be allowable. Ail minor details necessary for proper completion of the work herein specific shall be accomplished by the GRANTEE without additional expense to the DEPARTMENT. d. Verification of compliance with the grant terms and conditions must be completed by the DEPARTMENT, and pa.~Tnent will be authorized within 30 days after receipt by the DEPARTMENT of the required "Disposition Certification" (Attachment B). which is made a pan of this Agreement, and a proper invoice with supporting schedules and documentation. 4. Period of Grant The gram period shall begin on the date of execution and end no later than December 31, 1999. The GRANTEE understands and agrees that the derelict vessel removal and disposal requirements of this Agreement must be satisfactorily completed on or before November 1, 1999. 5. Monitoring The GRANTEE shall permit the DEPARTMENT, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the DEPARTMENT. 6. Liability' Each parD' hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either pan), of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 7. Termination of Agreement a. This Agn'eement may be terminated by either party, for failure to perform by the non- terminating party., by giving thirty (30) calendar days written notice to the other party.. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of termination, only amounts accrued to the date of cancellation shall be due and payable. b. The DEPARTMENT shall have the right to terminate this Agreement and de Program funds for non-compliance with the terms and conditions of this Agr ~emeraQ Dv98-o6 SEP Page 3 of 7 Failure to comply with the provisions shall result in the DEPARTMENT declaring the GRANTEE ineligible for further participation in the Program. c. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the GRANTEE agrees to return said funds to the DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty (60) days, the GRANTEE understands and agrees that any further GRANTEF. requests for funding as to this or any other program under the DEPARTMENT's administration shall be denied until the funds have been returned. d. This Agreement may be cancelled by the DEPARTMENT without prior notice for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter I lC), Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 8. Non-Exclusive Basis No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 9. Prohibit Lobbvin enditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 10. Grant-S~uirements Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall abide by the following: a. If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes: b. Ifthe amounts received exceed $25,000, but do not exceed $I00,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or c. If the amounts received do not exceed $25,000, have the head of the entity or organization anest, under penalties of perJury, that the entity or organization has complied with the provisions of the grant. d. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or return the amount due. 1 !. DEPARTMENT Management of A~reement The Project Manager for the DEPARTMENT shall be Jan R. De Lnnev~ Program Grants Manal~er, Phone (850) 488-5600, extension 178, or his successor. All matters shall be directed to the Project Manager for appropriate action or disposition. The GRANTEE's Project Manager is ~ Du~an. Phone (cJzl. 1) 732-2505. Said individual shall serve as liaison with the GRANTEE and shall approve all invoices prior to payment. N~.~E/~,~,/~ff),~ vvgs-os SEP 2 2 1998 Page 4 of 7 12. Corres ndence ailin Add s Any and all notices shall be delivered to the parties at the follov, ing addresses: GRANTEE DEPARTM~'T Mr. Kevin ~:. E)ugan .lan R. De Laney Collier County BOCC Division of Law Enforcement. M.S. 665 3301 E. Tamiami Trail 3900 Commonwealth Boulevard Naples, FL 34112 Tallahassee, FL 32399-3000 13 Public Entity Crime Veudorn A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, conwactor, supplier, subcomractor, or consultant under an agreement with any public entity., and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.017. Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor list. 14. .Conflict of Interest The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 15. ..Laws of Florida, Severnbilit~'~ and Venue This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible each provision ofth!s Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of'this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of' such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County., Florida. 16. Waiver No delay or failure to exercise any right, power or remedy accruing to either party, upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of'either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 17. Taxes The GRANTEE recognizes that the State of Florida, by virtue of' its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of'this Agreement. 18. Rights of Third Partie~ This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 19. Assii~nment This Agreement is an exclusive agreement for services and may not be assigned in whole or in pan without the wrkten approval of the DEPARTMENT. ' 20. Subcontractin~ The GRANTEE agrees to be responsible for the fulfillment of all work elements incl~ded in ~y subcontract consented to by the DEPARTMENT and agrees to be responsible for the pa.vrml~~ DV98-06 monies due under any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 2 I. P.R.I.D.E. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under chapter 946. Florida Statutes, if available, in the same manner and under the same procedures set forth in Section 946.51 $(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone: (813) $72-1987 22. reemen! dification This Agreement and incorporated Attachments represents the entire Agreement of the parties. Any alterations, variations, changes, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original of this Agreement. THE RE~L-LLN"DER OF PAGE 6 INTENTIONALLY LEFT BLANK. DV98-06 P,se or7 SEP 2 g 1998 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year · fi~ above written. FLORIDA DEPARTMENT OF COLLIER COUNTY, FLORIDA ENVIRONMENTAL PROTECTION BY ITS BOARD OF COUNTY COMlVHSSIONERS By: By: m H. M. "Mickey" Watson, Director Chairman or designee signature* Division of Law Enforcement . 'x~ Chairman or designee name printed Jan R. l~e Laney / \ Program Grants Manager ~ Title: Chairman (official seal) Federal Employment Identification Number: 59-6000558 3301 East Tamiami Trail Address Naples, Florida 34112 Ci~', State, Zip Approved as to Form and Legality: Approved as to Form and Legal Sufficiency: Assista,ht General Counsel ~ ~- Assistant County Attor.~-:y *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. Attest: Dwight E. Brock, Clerk ovgs-0s SEP 2 2 1998 Page 7 of 7 ATTACHMENT A Form #DEP-20-232-FMP Grant Award Agreement # Q ~ '~"{~ (to be assigned by OWM star0 FLORIDA DEPARTM'ENT OF EhWIRONM~ENTAL PROTECTION' DMSlON O£ LAW EN'FORCEI~ENT APPLICATION FOR DERELICT VESSEL REMOVAL GRA.NT APPLICANT D,'I:'ORMATION. Date March 25, 1997 1. Nm'ne of Applicant: Co 11 i e r County 2. Federal Employment Identification Number: 59-6000558 3. Project Manager: Kevin H. Du~a_ n 4. Title: Senior Environmental Specialist 5. Address: 3301 E. Tamiami Tra~les, Florida 3-',II2 6. Telephone: (94 1 ), 732-2505 Fax: 774-9222 Suncom:~__ 7. Total Grant Amount Requested: $ 5,000.00 Population of Surisdicfion 95,000 Number of Registered Vessels I.,,; 000 'Number of Derelict Vessels 101 House District # 76 Senate District # 25 'Attach a copy of the Florida Marine Patrol Derelict Vessel Report for each vessel to be co:Jidered for removal with grant funds. (Copies of these reports ma.',' be obtained from your local FMP District Office.) DISPOSAL METHOD. blethod proposed for handling the removal and disposal of the designated Derelict Vessels: __ Use of own resources x Use of contractual se.vices Spe:if}' proposed contractor, if known Additional disposal method comments (if any): Page I of 3 ATTACHMENT A Grant Award Agreement # t~ ~ -[ ~ (to be assigned by OWM staff) DERELICT VESSELS TO BE REMOVED LISTED R',i' ORDER OF PRIORITY Photocopy this page if additional forms are needed. Mark through rows not used on this form. Florida Marine Patrol Estimated Length of Projected cost of Designated Disposal DV# Vessel Vessel Removal and Site (specify artificial Disposal (where reef or landfill possible use bid as location) estimate) ~.64 18' 562 28 SI 000.00 Landfill 564 24 $ 500.00 Landfill 565 26 ' S 00. .~~ I000 22' S 500.00 Landfill I001 22' $ . ~ 1008 22 $ 500.00 1009 26 S 500.00 Landfil: I010 20' ~ Landfill SEP 2:8 1998 Page 2 of 3 ATTACHMENT A Grant Award Agreement # Ci',~-E' G' (to be assigned b.,,' OWM staffI DERELICT VESSELS TO BE REMOVED LISTED IN ORDER OF PRIORITY Photocopy this page if additional forms are needed. Mark through rows not used on d~is form. Florida Marine Patrol Estimated Length of Projected cost of DesignaTed Disposal DV# Vessel Vessel Removal and Site (specie' artificial Disposal (where reef or la. ndf~il possible use bid ~s location) estimate) AGEI Pase 2 of 3 [ SEP 2 g 1998 ,,,. // ATTACHMEI~r A Grant Award Agreement # C'~.,~-C, lC. (to be assil~ned by OWM star0 As duly authorized by Board of Collier County Comissioaer~. I hereby ,make application on behalf of the applicant for a Derelict Vessel Removal Grant pursuant to 62N-16.029, Florida Administrative Code. I further certify that the above supplied documentation is correct to the best of my knowledge and that the grant applicant agrees to the conditions spe:ified in this program. Date Timothy L. Hancock ~'rinted name of Authorized Representative Ch a i rman (__). Title Telephone number SEAL Approved as to form Attest: "· and legal sufficiency Dwight £. Brock, Clerk ".. : 12/13/96 DV SEP Page 3 of 3 ... ,'g. ATTACHMENT B Agreement it DV98-06 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Law Enforcement 3900 Commonwealth Boulevard, MS 665 Tallahassee, FL 32399-3000 i ositi n ertifieati nfor iictV sels I, the undersigned contractor or my representative, hereby certify that the derelict vessels listed below were properly and legally removed and disposed of at the permitted disposal sites indicated below: FMP I.D. Brief Description Disposal Date of # of Vessel of Disposed Vessel Site/Location Disposal Signature of Contractor & date Notary Public Signature Subscribed and sworn before me at Printed Name of Contractor this. da)' of .199 Wimess & Date My Commission Expires: Company Name Telephone SEP 2 2 1998 ATTACHMENT C CERTWICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY A.~,'D VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors a~! subcontractor~ under DEP AGREEMENT NO. ~~ 1. The undersigned hereby certifies that neither it nor its principals is preseu0y debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by .ny Federal department or agency. 2. The undersigned also certifies that it a~d its principals: (a) Have not within a three-year period preceding this response been convicted of or had a cfimh~ often.me in cormection with ob,.ini-g, anempting to obtain, or performiug a public (Federal. Suture or local) transaction or contrac~ under a public transaction; violation of Federal or State anti.urn.st statutes or commissiou of embez, alemenL ,heft, forgery, bribery, falsification of desrru~ion of records, making falt, e statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental enti .ty (Federal, State or local) with commission of any of the offenses enumerated in para.apb 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public u'ansacfious (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this cermificatiou. Dated this day of , 199~. Authorized Signature/GRANTEE Typed Name/Title GRANTEE Name Street Address Building. Suite Number City/State/Zip Code Area Code/Telephone Number DEl:' FORM 11.,043 (12/9,4) SEP 2 2 '{998 EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS GRANT, That thc Board of County Commissioners authorize the Chairman to sign thc Agreement for thc $30,000 grant for Special Waterway Projects offered by the Florida Department of Environmental Protection (FDEP). "'.'- CONSIDERATI NQ.N,~. ..i,., . . 1. The County has plans to mark three additional navigation channels along Caxambas Bay (South), Snook Hole Channel and Hall Bay. 2. FDEP offers coastal counties grant money for waterway projects. If the grant is accepted, the County could mark the channels utilizing $30,000 of FDEP funds. 3. This application was previously approved by the Bce on October 22, 1996, Agenda Item #16A$. FISCAL IMPA ~___A', The Special Waterway Projects Grant is a reimbursement of up to $30,000. The Natural Resources Department which oversees the Waterway Management Program will need to submit a Budget Amendment to increase contractual services within thc Natural Resources Grants Fund 117 by $30,000 for FY98/99. GROWTH MANAGEMENT IMPACT: None RECO~,CMENDATION: That the BCC authorize the Chairman, on behalf of the County, to sign the attached Special Waterway Projects Grant Agreement (SWPP98-04) and approve the necessary budget amendments as outlined above. Reviewed by: Date: veal,nam D. Lorenz, .n'., ~'.~., ~ctor Natura~./~urces Depart ment Approved /~d "~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division SEP 2 2 ITEM NO.: FILE NO.: ROUTED TO: DATE REC'D: DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: September ~ To:Office of the Count* Attorne.v, Attn: From: _~ ~]~i]~sl]~jib~ ('Name) (Title) Telephone # ~: 73~-2505 Re: ~ W v (Subject) BACKGROUND OF REQUEST/PROBLEM: ('Describe problem and give background information - ~ and ~.) The Natural Resources Department manages the Waterways Management Program in Collier Count'. The CounD' has plans to mark three additional na~'lgationai channels. Acceptance of this grant will allow the Count' to be reimbursed for the cost of marldng these channels. The chairman of the BCC Is required to sign the Grant Agreement (S%VPP98-04). (Are there documents or other Information needed to review this matter? If yes, attach and reference this information.) This item been previously submitted, [] Yes [] No (If previously submitted provide CounO/Attorney's omce File No. ) ACTION REQUESTED: (Be very specific. Identify exactly what you need In the way of legal services.) Please review as to form and legal sufficiency for the BCC chairman's signature, Two originals are attached, Do not date, OTHER CObtMENTS: cc: VJnce Cautero, AICP. Administrator William D, Lorenz., Jr, P,E, Director ~."~ Grants file fall r~quests must be copied to your appropriate Division Head or Constitutional Officer.) SEP 2 2 1998 DEP Agreement No. SWPP98-04 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into this ~ day of . ! 9_.___, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the Florida Collier ~atural Resources Dea~whose address is 0 Eat amiami Trail Na ]~lorida 34112 (hereinafter referred to as the "GRANTEE"), to conduct a project under the Special Waterway Projects Program. In c6nsideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do hereby agree as follows: 1. The DEPARTMENT does hereby retain the GRANTEE to perform the South Marc~ Markers project as defined herein and the GRANTEE does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are at~ached hereto and incorporated by reference. 2. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the '~ DEPARTMENT. Any and all such equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the GRANTEE. 3. The GRANTEE shall perform as an independent GRANTEE and not as an agent, representative or employee of the DEPARTMENT. 4. This Agreement shall begin upon execution by both parties and end December 31 1999. inclusive. The GRANTEE agrees to complete the project on or before November 1 1999. The final invoice shall be submitted no later than November 15 1999, to assure availability of funding for final payment. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement. the DEPARTMENT shall pay the GRANTEE on a cost reimbursement basis as specified in Attachment A. Ail bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses are authorized under the terms of this Agreement. 7. Pursuant to Florida Statutes, the DEPARTMENT's project manager shall have 5 working days. unless otherwise specified herein, to inspect and approve the services for payment: the DEPARTMENT mus~li) submit a request for payment to the Florida Department of Banking and Finance within 20 days: and tl)l~ Department of Banking and Finance is given 15 days to issue a warrant. Days are calculated from the]liter date the invoice is received or services received, inspected and approved. Invoice payment requiremefl~ do not start until a proper and correct invoice is received. Invoices which have to be returned to a GRA .N~E for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established ~n the Department of Banking and Finance who may be contacted ifa GRANTEE is experiencing proble~ in obtaining payment(s) from the State of Florida a~encv. The Vendor Ombudsman may be 488-2924 or (800) 848-3792. ' sw PgS-o4 SEP 2 2 1998 Page I of 6 8. In accordance with Section 215.422. Florida Statutes. the DEPARTMENT shall pay the GRANTEE. interest at a rate as established by Section 55.03(1). Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt ora correct invoice and receipt, inspection and approval oftbe goods and services. Interest payments of less than SI wJll not be enforced unless a GRANTEE requests payment. The interest rate established pursuant to Section 55.03(I). by Comptroller's Memorandum No. 3 (I 997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this A.m~ement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above, or the DEPARTMENT's Contracts Section at (850) 922-5942. 9. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either par%.' of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 10. The DEPARTMENT shall have the right to terminate this Aizreement and demand refund of Prom'am funds for non-compliance with the terms and conditions of this Ag;eement. Failure to comply with the'provisions shall result in the DEPARTMENT declaring the GRANTEE ineligible for further participation in the ProD'am. ] l. This Agreement may be canceled bv either party, with or without cause, by ~ivin~ 30 calendar days written notice to the other party. Said noti(~e shall be sufficient ifdelivered persor;a~'ly or'by certified maii to the address contained herein. In case ofcancellation, only amounts accrued to the date of cancellation shall be due and payable. Any and all notices shall be delivered to the parties at the following addresses: GRANTEE DEPARTMENT William Lorenz Jan R. DeLaney Project Manager Project Manager Collier County Natural Resources Dept Division of Law Enforcement 3301 E. Tamiami Trail 3900 Commonwealth Blvd. MS 665 Naples, FL 34112 TaIlahassee. FL 32399-3000 13. Pursuant to Section 216.2815, Florida Statutes. all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119. Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 14. The DEPARTMENT's Project Manager is Jan R.___~ DeLanev Pr ram rants Manager. Division of Law Enforcement, Bureau of Administrative Support, Phone 850-488-5600, extension ~78. The GRANTEE's Project Manager is William Lr~, Phone (941~ 732-2505. All mat~ers shall be directed to the Project Managers for appropriate action or disposition. 15. The DEPARTMENT may at any time. by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the GRANTEE's cost or time shall require an appropriate adjustment and modification (formal amendment) to SWPP 98-04 Page 2 or6 SEP 2 2 1998 16. It is expressly understood and agreed that any articles which are the subject of. or required to cart)' out. this Agreement shall be purchased from the corporation identified under Chapter 946.:515(2). (4). F.S.: and for purposes of this Agreement the person, firm or other business entity carc,.,ing out the provisions of this Agreement shall be deemed to be substituted for this agency insofa'r as dcalines with such corporation are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. ] 2425 28~ Street North St. Petersburg, Florida 33716 Telephone: (813) 572-1987 17. The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the GRANTEE to solicit or secure this AIzreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the GRANTEE an)' fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 18. The GRANTEE covenants that it presently has no interest and shall not acquire any interest ~'hich would " conflict in any manner or degree with the performance of services required.. 19. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. but if any provision of this Agreement shall be prohibited or invalid under applicable law. such provision shall be ineffective to the extent of such prohibition or invalidity, without invaHdatinlz the remainder of such provision or the remainine provisions of this Agreement. Any action hereo~ or in connection herewith shall be brought in L;on Count:,.'. Florida. 20. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting princip'Ics consistently applied. Thc DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of the A~eement and for three years follo~ving Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and allow access to such records for audit purposes. 21. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement. shall impair any such right, po~ver or remedy of either part~.': nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. ' 22. The GRANTEE recognizes that the State of Florida, by virtue ofits sovereign .ry. is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 23. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual wTirten agreement of the parties hereto. ' ^Gr~O~,~u/_ SWPP 98-04 .o ~ ._.! P.~ or6 SEP 2 1998 24. No person, on the grounds ofrace, creed, color, national origin, age. sex. or disabili .ry. shall be excluded from participation in: be denied the proceeds or benefits of: or be othe~'ise subjected to discrimination in performance of this Agreement. 25. This Agreement is an exclusive contract for sen'ices and may not be assigned in whole or in pan without the wrinen approval of the DEPARTMENT. 26. The GRANTEE shall not subcontract, assign, or transfer work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under an.,,' subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 27. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and. in case any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. in case any class of employees engaged in ha2ardous work under this Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor to previde, adequate insurance satisfactors.' to the DEPARTMENT, for the protection of his employees not otherwise protected. The GRANTEE. as an independent contractor and not an agent, representative, or employee of the DEPARTMENT. agrees to carD.' adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liabiliv,.' except as specifically provided in this Agreement. 29. The DEPARTMENT shall exclusive rights to all designs. Iogos. mottos, slogans, data or other concepts developed under this Agreement. This provision shall apply whether the property just described is in the possession ofthe GRANTEE or a third part>'. 30. A person or affiliate who has been placed on the convicted vendor list follov, ing a conviction for a public entiD' crime ma.,.' not perform ,,vork as a contractor, supplier, subcontractor, or consultant under a contract with an)' public entity, and ma.,.' not transact business with an.'.' public entity in excess of the threshold amount provided in Section 287.017. F.S.. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 31. The GRANTEE shall comply with all applicable federal, state, and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The GRANTEE acknowledges that this requirement includes compliance v,'ith all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 32. Pursuant to the Lobbying and Disclosure Act of 1995. the Contractor agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c 1(4) of the Internal Revenue Code of 1986. unless such organization v.'arrants that it does not. and will not. engage in lobbying activities prohibited by the Act as a special condition of the subcontract. s ?P 9s-o4 SEP 2 2 1998 Pas¢ 4 of 6 33. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes. modifications or waivers of provisions of this Agreement shall only be valid when the>' have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. unless otherwise proved herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK swPP98-o~ SEP 2 2 1998 Page $ of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the da.,,' and >'ear first above written. .IER COUNTY FLORIDA DEPARTMENT OF NATURAL RESOURCES DEPARTMENT ENVIRONMENTAL PROTECTION Chairman or designee* Director, Division of Law Enforcement Barbara B. Berry Name (Print) . , f Chairman DEP~_~er ..__..' Title toll ier Approved as to form and legality: County 'Name 3301 East Tamiami Trail _~--.~.~ ~ ~""- Address DEP Assistant Ge-~er~ ~ " Naples, Florida 34112 ~', ;tare and Zip Code Approved as to Form an Legal Sufficiency: Employment Identification Number 59-6000558 Thomas C. Palmer Remittance Address: Ass istant County At torney 3301 East Tamiami Trail Address At t · s t: Dwight E, Brock, Clerk ~ Florida 34112 City, State and Zip Code *If someone other than the Chairman signs the Agreement. a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the county must accompany the Agreement. List of attachments/exhibits included as pan of this Agreement: Specify Letter/ Tv_yp~ N~ber Describe number of ap_a.g~l Attachment A Scope of Work (2 Pages) Attachment B Project Application (4 Pages) ~ sw Pgs-o4 SEP 2 2 1998 Page 6 of 6 ATTACHMENT A SCOPE OF WORK 1. This Agreement shall be performed in accordance with Sections 370.021(1). and 212.69(1), Florida Statutes, and the Special Waterway Projects Program Policy. of the Division of Law Enforcement, Bureau of Administrative Support, which a~e hereby incorporated by reference as if fully set forth herein. 2. The GRANTEE agrees to perform the South Marco Island Channel Markers project as identified in the project application which is made a part of this Agreement by reference. Further, the DEPARTMENT shall review and approve in writing all proposed publications which will be funded by this grant to assure that environmental and boating safety issues are effectively addressed. 3. The DEPARTMENT agrees to obligate and make available to the GRANTEE the approved project amount of $30,000 for the project authorized by this Agreement. The DEPARTMENT will release the funds on a cost reimbursement basis. The reimbursement shall be made in a single payment and must be made prior to December 31, 1999. Unless a retroactive waiver for project work has been approved by the DEPARTMENT, the GRANTEE understands and a~rees that there shall be no reimbursement of funds for expenses incurred prior ~o the execution of this Agreement. 4. The request for reimbursement ~hall consist oran invoice on the oreanization's letterhead, clearly marked as in,, oice. supported bx' an itemized list~'ng, bx' cateeorx-, of all expenditures claimed, copies of checks for each amount for which reimbursement is being claimed indicating that the item has been paid, and receipts clearly reflecting the dates of service and detailing the work performed to accomplish the project as specified in the project application. 5. Asphalt paving, if any, shall conform with the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts, or p~chase orders must specif.,,' thickness of asphalt and square yards to be paved. 6. Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certi~'ing satisfacto~' completion of the project in accordance with the prepared plans and specifications. · 7. The GRANTEE u, ill provide photographs of the completed project and submit a Certification of Completion form to be provided by the DEPARTMENT which certifies the project has been completed. 8. The Project Manager shall, within sixt.v (60) days after receipt ora payment request. review the work accomplished on the project and, if in order, approve the request for payment. At~achrnent A SWPP9g-04 Page lot'2 SEP g -?, 1998 9. The GRANTEE is responsible for obtaining all permits, licenses, agreements, leases. easements, etc., required for the project. 10. The GRANTEE shall erect a permanent sign, or use some other manner of acknowledgement, approved by the DEPARTMENT, identifying the DEPARTMENT as a funding source for the project. '11. If it becomes necessary, for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the GRANTEE agrees to return said funds to the DEPARTMENT within sixty. (60) days after notification by the DEPARTMENT. If not renamed within sixty, days, the GRANTEE understands and agrees that any further GRANTEE requests for funding as to this or any other program under the DEPARTMENT's administration shall be denied until the funds have been returned. 12. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or return the amount due. 13. The GRANTEE agrees that the project, ,,,,'hen completed, shall be dedicated for public recreational uses. The dedication shall be for a minimum of twenty-five (25) years and shall be recorded in the public property records. The GRANTEE further agrees to return to the DEPARTMENT funds tendered for the project in the event the project becomes used for other than the purposes of the project during this period. 14. Failure to comply with the terms of this Agreement shall result in the DEPARTMENT declaring the GRANTEE ineligible for further participation in the Program until such time as the GRANTEE complies with the terms. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Anachment A swl,~s-o4 SEP 2 2 1998 Page 2 of 2 ATTACF. MENT B FLORIDA DEPARTM£.N'i' OF E.~%'IROh,%I~HTAL PROTECt'ION DIVISION OF LAW ~N~ORCE~ SPECIAL WA~RWAY PR~S PR~M APPLICA~ON FO~ APPLIC~ ~O~ON'. 1. N~fAppl~: Co~lier County Nztural P. esources Department 2. Fede~ ~i~ l~on N~ 59-6000558 3. P~j~tM~ter: ~lliam D. Lore~ 4. ~Oe: Collier County Natural Resources De~rcmen~ Director 5. Ad~s: 3301 Ease Tamiani Trail Na les Florida 3~112 6..T~lep~: (~D~ F~: 776=9222 S~om: 751-2505 1. Tot. al cost of proposed proj~t. $33,500 s 30 ooo OC[ 8 1996 3. ~ ~ av~able. a. C~h S 'D;;;CE Ur WATErWay MA~;~EMENT F~OR/~A MA~iNE PATROL b. ~'~ $ 3.500 c. ~r S SL'PPO RI=iHG DOCL,'%fl:'N'TAT10.~. Submit ~e follow~g itenu with your origb'al application pku tl~ree O) photocopies. Ple.~e rotc ti.at vcu: appl-'cauon is incomplete z~ 41 not be proc.-ssed until these items bare bern receive..,: ' ~ I. R~soludon author~L~g t,~t a designated representative has 3utL',oritv to apply for a::c~ acLm~s:tr the on behzlf of the applicam. ' ~ 2. B~unctary tr..ap of ~e project are. a. The wap mtut provide a description and sketch of t~e pr~e:.t area .boundzries, displaying k~ev.-n ea.sc,'nenu, a~ be legally sufficicn~ to idcn~.~. ~ project ~ 3. Color, on-site photo{r~phs sufficient to depict t~¢ phys;cai clu..=ac:eds-~c~ of 0~e proje:t area. ,Lt.'iai photographs ar~. also requested. Plezse mark approx.bmte boundaries of the project site. ~ 4. A Iocadon chon using t~e currem e~doo of a NOAA nautical c,~rt (~;orc% Arnedc.~n Datum .~AD 83) Lr:,dic:u~g t~c projc:: site. These charts can be obotLned from: Di-s~buuoo Branch ('NICG33). NOA.%-.~a:ionai Ocean Service, 6501 La,£ayer~ Avenue, RJvercLzle, Ma. rytazxl 20737-1199, ('301) 436~990. ~ 5. l~titude znd Ioolimd¢ coor~nate, s (utilizing NAD 83. Datum). ~ 6. Site control documentation (e.I. d~d. IcMc. ot m,,'magcrnem a{retrnem, etc,) for the __ 7. Photocopies of necessary project perm,it(s) or permit appUcation(s). SEP ?, INFORMATION. I. N~meofProjcci: South Marco Island Channel Markers 2.. Pro, ecg.Cat, tot7 (c~eck om): ~X Boati~ Acc:ss and Navigafi~ (C~go~ I). 3. ~ ~ pmj~ ~ on ~: ~~e~li~? Sca~e Submer~ Lands U~r site ~ol ~ appli~ ~ si~ con~l e~: 4. Pro~cct Ci~, Marco Island Co~, Collier Water~y. Caxaabas Bay, Snook Hole Channel and Henderson Creek/Hall Bay 5. ~gh~five d~c= ~ w~ch ae proje=t sic E I~: S~ S¢~te 25 S~ie H~ 76 Fred Dudley PR~ D~CRI~ON. 1. Bd:~y d:sc~ ~e pro~s~ pro}e:~ (~ l~c~m. ~ ~o exc::~ o~ pal: ~y ~ ira:heal). The Collier County Manatee Protection Plan has named, and the Sca~e has desiEna~ed several areas on the County's wate~ays as "30 MPH in chaznel, Slo~ Speed outside of channel". Three of these unmarked ~a:erways, Caxambas Bay, Snook Hole Channel and Henderson Creek/Hall Bay are co,only used by local boaters who traverse these waters at speed. The Collier County Natural Resources Department is proposinE to mark channels throuEh tkese ~a ~ e r~ay s. 2. PI:~¢ :xpl~ ~:d for ~s proj~:~ ~ed u~n g~eam6on such ~ Policy 7.2.2 of the Conservation and Coastal Management Collier County Growth ManaEement P~an s~ates: "Establish restricted boat speed zones, channelized zones or route boa~ traffic around in areas ~here ~he Erea~est ~hreat to injury of manatees is from boa~s." 3. Please idcn66/~hc number of motorized vcsscls Otat ~ ~fit from ~ pro~:. .~e~ r~ ~ 15 to 20 ~ts a ~ cr~rs~ t~ ~ea. Page 2 of 3 ~a. ~ ~ 4. P~o.s~ L'U~cr ~h of' d~e f'oUo'~f qu~6ofls peruin~ to your I~J~: i'Io~, ~i[I e. ts project improve boat~ See P.t:tache~ Harking the natural deep water channels through these areas ~il! preven~ unfamiliar boaters from going ~ground and destroying sea grasses and bottom habitat. ... . c. ~ od~t fun~f~ sourc~ rv-a~bLe for this pro~. d. ~ ~ ~ m~ of ~ ~? (~k ~) Pc~u ~ " ' ' ~ m ~ f~ ~u Peru ~ r~ ~ ~ m ~ for ~ f~ ~ ~M of ~ ~ ' ~'-. ~' . ./~ ..z~-~ ~.. _Will£am D. Lorenz, P.E. _ 941-732-2505 Pr~ntednan~ofAutboHzed Repre~nta~ve Te~phone -- Director, Depa:cmen~ of Natural Resources Tide SEAL SEP ~ ~ 1~198 PROJECT DESCRIPTION 4. Please answer each of the following questions pertaining to ~our project. a. Row will this project ~l~prove boating access? The existing channel along the south end of Marco Island is posted as Idle Speed. Boaters with local knowledge transiting this area use the unmarked channel in south Caxambas Bay. Also boaters traveling to Gullivan Bay or Cape Romano use the unmarked Snook Hole Channel. The Collier County Manatee Protection Plan has designated these waters as "30 M~H in channel, Slow Speed outside of channel". Marking the natural deep water channels through these areas will allow all boaters access through these areas. There are several residential sub-divisions built along the upper reaches of Henderson Creek. Many of the people living " in this area have waterfront property and o~n boats. Posting the entire area as "Slow Speed" poses a hardship. Marking a channel in the lower portion of Henderson Creek a~d across Hall Bay will alleviate much of the problem. REQUEST TO APPROVE FOR RECORDIN~ THE FIN]kL PLAT OF "BAY LAUREL ESTATES AT PELICAN MKRSH UNIT TWENTY-ONE ", AND APPROVAL OF THE PERFORMANCE SECURITY To approve for recording the final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One., a subdivision of lands located in Section 35, Township 48 South, Range 25 East Collier County, Florida. ' Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One.. These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It .is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One. be approved for recording. ~-~-~~ The fiscal impact to the County is as follows. The project cost is $562,945.20 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $189,778.00 b) Drainage, Paving, Grading - $373,167.20 The Security amount, equal to 110% of the project cost, is $596,130.00 The County will realize revenues as follows: Fund: Co~-~lunity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services ..~~7 Revenue generated by this pro ect Total: $10,727.20 SEP 2 1998 Fees are based on a construction estinm :e of_~__._l__j $562,945.20and were paid in July, 1998. Executive Summary Bay Laurel Estates at Pelican Marsh Unit Twenty-One Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 587.80 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 948.89 Drainage, Paving, Grading (.425% const, est.- $1585.96 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2846.67 Drainage, Paving, Grading (1.275% const, est.) $4757.88 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. That the Board of County Commissioners approve the Final Plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One" with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One". 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. SEP 2 1998 ,~ ~ ~ I I I1' II III I Execut ire Summary Bay Laurel at Pelican Marsh Unit Twenty-One Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ~ Datet~' r~ Engina~ering Review Manager o e~ Mulhere, AICP Date PlaCe)es D~c t or "' c~nt A. Cautero, AICP, Administrator Date Co,unity Development & Environmental Se~ices Community Dev. and Environmental Svcs. DIVISION ~/ew ,,,H i, I I Illll II I I IIIIIIII IIIIII I II III : ~ -~ ~ XT- ~ , ~ -.~ , ~1 I J i J.~l '- ' ~~'~- :'t j J't~ ~': , '1: . ; :~:~ :?~.. ~c=.-:-:~~.... ~.~ · ,~ ~l~ :' . ~ . _. ' ~ ' : -~'~ ~ I --~ t . ', , ~' · .... ~ ......... ... .~:--. ..... : .......... ~.~-~"~.~ ~ ~ . '.' .~ - ~ ! ~ ~ ~ ~ ;.~ ;~ ~ .~ ' ,-~.1 .... ~1.,~f ~ ,.~..., I~ " ', 'l ! I~' ~ ~ :1 '.. ,~ ~'u ~ ' ~ : : , ., ...~., ." / ' ~f I' / '~ '~'~; ' i ~. ,~ ,, ~ ~. ~, ~ , ~ ,. .=~ - . :~ ~~:~ J' _ ~),,j ~ 5~II I I~ : ~ LIM i '~ I ' -'" '"~"~ 1iI I1!!~ I ii/ ' ,' .-.u'~ ~ ' i ~.1~, "~( '¢ ~ i VICINITY MAP SEP ~ ~ 1998 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION and MAINTENANCE AGREENIENT FOR SUBDIVISION IMPROVEMENTS entered into this day of . 19 between Communities. Limited Partn~ hereinafter ~eferred to as "Deveiop~-r". ~d the Boar'~o~' Counv:' Commi:,sioners of Collier Count)', Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this A~eement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Bay Laurel Estates at Pelican Mar h Unit 2!. ....... ,~, ...... Code req'aire.; the De','eio~., -.-~-..-~ ..... ,--,~,,..: .."e: t;-,e construction of the improvements required by subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW. THEREFORE. in consideration of the foregoing premises and mutual covenant: hereinaf, er set forth. Developer and the Board do hereby covenant and a~ee as follows: 1. Developer will cause to be constructed: a 38 unit sin lc-family subdivision on 40.7____~+ acres which includes roadwork storm draina e. sanita ' sev,'er otable water, irri~atioa and earthwork, within 18 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance secufiv.- ianached hereto as Exhibit "A" and by reference made a part hereof) in the amount ;f $596.130.00 which amount represents 10% of the total contract cost to complete construction plus 100% of ::~.e e:::..-:::.- ...... . .... '<:-'~ ::-.e ::c,y.i:ed improvements at the date of this A~reemem. ..::v. ~:.:..: ~.:;,;,2 :.',.-' s,.'e,~'.':~,c,~ performance security to insure satisfacton' completion the required improvements. ' 4. 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 furnished to be reviewed and approved by the Development Sen'ices director for compliance with the Collier County Land Development Code. 5. The Development Sen'ices Director shall, within sixty (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 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary. approval of the impro','ements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one ,','ear after preliminary approval by the Development Services Director. year maintenance period by the Developer has terminated, the Developer ] · the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier Count)' Land Development Code as refle,';ed by final approval by the Board, the Board shall release the remaining 10% of the · . subdivision performance security· The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every si× (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records ntcessary for review by the -....'... ......... . . .c -' ," ' : ~ ,, -. · ...: D~-~-'^-... Th~.... Deve!opment Se~'ic.-s Director "" ::' ':" ..... :'--'~^' .~:.~i~t:.:v "· '"'. $. ;.'. ~?.e ever. t?:: De:'e!o~.::r sha~l fait or neelect to fu~, '"~;: .... its obligations under this Agreement, upon certification of such failure, the Count)' Administrator ma)' call upon the subdivision performance security to secure satisfacto~' completion, repair and maintenance of the required improvements. The Board shat: 'ha','t the right to construct and ma!n:air,,, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements require~ herein. The Developer, as princiFaI under the subdivision performance security, shZ: be liable to inderrm[5,.-the Board, upon completion of such constructio=, the final total cost to the Board thereof, including, but not limited to, engineerin,,._ .._.t-'e'q and contingent costs, to~ether with any damages, either direct or o ,; ~ ...... - consequ.n..a,. ,, '.'2ch '~--' Board ma;' sustain on account of the failure of the Developer to fulfill al! of :he provisions of this 9. All cf the ~e.."m. s. covenants and conditions herein contained ar,- and shall be binding upon ;i:.-: m'"-"oz"--.. ~. ., a.".d the re,,:.-'ective, succe: .'.ors a.".d assiuns_ of t,,~'~' Developer. 1998 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be e×ecu,cO ~,' their dui,, authorized representatives this day of 1998 SIG, 'p'~. SEAL/LrD'~D/~LIVERED IN WCI Communities, Limited Pann. ership Printe~ped N~r~ /P/tinted or Typed Name Printed or 'ryped Name ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROOK. CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Chairman Appro~'ed as to form and,legal sufficiency: : .sis:an: ...'_-...-.:...',::e.-..-.,y SEP 2 2 1998 COLLIER COUNTY LAND DEVELOPMENT CODE PERFOI~MANCE BOND BOI~D !~0. 15-007-540 K.NOW ALL PERSONS BY THESE PRESENTS: that WC1 Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "O~vner") and Liberty Mutual Insurance Company Boston, Massachusetts ,' .............. - .... ;' .... ::-,~ .'.o .?s ".e._'r-'.-:"~ .~, 'r.e!d and firmly bound unto Collier CeunE.'. -" "r :.'. ,,~" .".: '" 7." :. - .... :' ...':: .:.': ::::.~ '-.: ._': :~;:.:~ sum of Fi; ¢ Hur. dr*.d Ninety .~ix Thousand, O::" . '~:':!:::.' D..~i],z:s :nd £:ra Ce~:s (S.~5,130.00) in fateful money of the Uni:ed States. for :he pn:'me:.; ' which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Sureff are used for singular or plural, as the context requires. THE CONDITION OF ll-IISOBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pelican Marsh Unit 21 and that certain subdivision shall include specific improvements which are required b} Collier Count.,.' Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of Count.',' Commissioners of the specific improvements described in the Land development regulations (hereinafter the guarani!,.' period). NOW THEREFORE. if the Owner shale well, truly and fai:hfully perform its obligations and duties in acc.~rdance wi:h the Land Development Regulations during the guarantl:' period established by th*. 'L". :.-.. ~-._ :~- , .:. ,.?,: -'~I! s~:is~,' :'.I ..'l~ims and dem~nch incurred and shall £ui:y indemni,A:· and ............. ".;.~'.s ~d d ....... s ~,.!;{sh ': -.~v .-..~-- ~ ...... .,~ "' .: ........ ~ '"~ ~" t"'-' ~0~."..".' -I~ ,'-,,,;,~. . .......... / 3r:,~ ~.::"3~T*':e%' ...... ':~"- [h*. CC'- ..... ; ...... ;'" ': 3n}' ' ......... ..~a;,.r..; ~.ccc de:hu;:, then this obligntion shall be void. other, vise to remain m full force ,.r.,. effect. PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any wa.,,' affect its obligation on this Bond, and it does hereby waive notice ofany such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24th dayof AUGUST, 1998 SEP Z 2 1998 DATED as ofthis 24th day of..Allg.l~. 1998. ~f~ WCI Commuv::ties Limited Partnership, W itness-Signatu~ [°,e- ~c;- r~,,., ,~ /./)f '-~--.ff-~-~/ /// / a De la ware limited partnership Witness-Printed Name \'.':c: .... 7: Steven C. Adelmaa Vice Pre:~ .~ent Trev,.;u:er Wimess-Printed Name Executed pursuant to authorit2..' granted in that certain Certificate of ^uthoritv/Po~¢r efAnomey recorded in O.R. Book 26.108. Pa~.~ 08.15. ofthe Public Records'of Collier County. FL. Slate of [~ ' ' Count}' of ~' :: Thc foregoing instrument was acknovdedged before me by Steven C. Adelman. Vice President'Freasurer on behalf of WCI Communities Limited Partnership. a Delaware inn,ted parmership. Personally known '~" or Produced indentification ~. Type of identification produced :N. oiary Public v -,' LicensediResiden~.A~ent Notar2:' Printed Name ' ' LIBERTY MUTUAL INSURANCE COMPANY Nancy H. Zaleski (surety) Attorney-In-Fact' $£P 2 2 1998 THIS POW.ER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3 9 8 2'5 2 This Power o! Attorney limits the act of those named herein, and they have no authority to bind the Company except in the 'manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'). a Massachusens mutual insurance company, pursuant to and by authority of the B/-law and Authorization hereinafter set forth, does hereby name. cons,~ .... and ap~,~in:, HARRY A. DINGER, JR., JOHN D, MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ......................................................... :.. , each ~ndivldually if there be more than one named, its true and lawful acc-. ay-in-fact to make, 'txecute~ seal. acknowledge and deliver, for and ~ behalf as sure."/and as its act and dead. any and all undertakings l~onds, re:o~niza~ces and othe, surety obhgat~ons in the penal sum not excaeo,~'g .......... , ~cc-:,,:-.-.. ': -'"- ':' :' "' .... . ' :' '+'*' " :'-.": ! : :v ;~e p~es.c&.'t a'..~ ~:~es;e= A.=.T:CLE XV! · ~e::: .;,'. -' ~'' .......Sec: ~ $,~re."/Ro,"cs a.": Any o~cer O, ct-er cff,c~al pt the com,~a-/ authOrized for tP, at p,~l:~.se in wnt~ng 1:3y the c~,a4Tnan or t~e president, aha sublect to suc~. lim~ations as the c~a~,~an or the presiclen: may prescribe, shah a:=c ?. suc~ attornays.~n.fac1, as may be necessary to act in behal~ of the comcany ~o make. execute, seal. acknowle.-Jge and deliver as sure?~, any and all unde~lak~ga, bonds, recogmzances end other surety comca~y by me~r s.~-a;ure and execut=c~ o? any such ~nsf,'umems a.'c ;~ a.-.a:h t~.ereto the seal of the Company. When SO executed i~',s:r,..-.e;:s ~r.a: =e as -'-,r, Ci.~,~ as if $,;~e.c =y the presidem a~.cl a~es;e.' =y t,'.e secretary. By :ge fGl:cw~nG ~nstrume-I ~.~e chalr,~an or the president has author,zeff :.-e --~'<e, cr other official named therein to aopoin! a~omeys-~n-fact: 'P:..'s: am ~c ~;c:e XVt Sec:cch $ot the By-!aws. Assistant Sec~ela-! ,Gz.-~et W Ell=oil is he,s=7 authonze(~ to appoint such a.'.omeys-in*fac,* as may be r, ece$.<er/ ;o act in behaIf of the COmpany I~ make. exec~.:e, se~:. acknowledge a.""J deliver as surety any and all i'~L~. =c.~cs. recc~",;zarces a~c ct~er sure,*'/obhGa:~cns. ~ ,v ~.,=bS ,' .... P_~. s mst.., a~. nas :ee~ su~scr~e~ Ev ~:s a .":-Zed :fi.c4,, a~O :he ¢,'-=orate sea; of the ~C '~ L,be'~! M,.~h.a; Irsura-ce . ,,..~. ~....% /~' .....: .'~t, , :; C~ '.~.,s 29th _ cay of __.~.~.~.~.~.~.~.~.~~, A.D. 1 ~ ~7. ,.'~afore me. a No:a~,/Public. personally came ~a inow,ouat, k'~own to I ~' c me ,*o ~e ~.'~e Ihs,sin de$crfi.".".".".".".".".":)eO i~vidual and officer of Libe~l~ Muh, al lns.'ra-ca Cc~'.Pany who exacted the preca~ng ~ns:rument. and ne acknowled. ged *-'~at he executed .... :,'~'sa."~:e and '~hat the seat affixed to the said precac,.'.~ .nstt',,.'m-.ent ~$ the coq3orate seal o! said company: and :~at sa~d coco,ateJ seal a,".d his signature s[.~sc~,~eO thereto was duly affixed and subscribed to ~e sa,d inslrume~l ~ authority and direcl~on o! the said company. ...'T' .. - ' ' ' · OtO~' IN TESTIMO.NY: .WH~L=EOF' I h.~reu~f,O Set my hand an._~ affix m~ off,c~a: seal a'. ~ea~ hrst atx)ve wr,rten. 0 : : .:: i : -- ' ' ' ,; =. : · . :..-.- \ \':, .~?.: / .... . ... ! .... · No~y ~c I. the undersigne~.',;~ta-n'l';~<:~etary'~ - -- ~"/ of Liberty Mutual Insurance Ccmpany. do hereby ca~ty that It~ or~ll po~ K o attl~41~,ll~ the foregoing is a full. true and c~-6'h~E~'copy, is in full force and effect on the date of th~s cetl~.ale; and I ~ fu~l~er candy tllll t I off<~~d the sakl IX~wat of at, piney was one of the officers specially autho~zed by the cl~a=m~an or the I~llident to appoint any at'tomey, t-fact as provided ~n An<la XVl. Section 5 of the By-laws of Liberty Mutual Insurance Company. c..i,<.,, m.y s,0ned by ,.=.i,. unde, .nd .ut o. o, ,he .. o. Company at a meeting duly called and held o~ the 12th day of Merci% 1980. VOTEDthat the facsimile or mechanically reproduced signature of a.~¥' ass:stent secretary of the company whereve Ippeanng u n a canified copy of any power o~ allorney issued by the company, shelf ~ va;id and binding upo~ tt~ company w~th ~ a thougfl manually air,xed. ""~[UG[~-(~TESTtMONY WHEi=IEOF. I have hereunt~ ~ubscribed, 19~. my name and affixed...~.the corporate seal of the said company, this 2 41=~ day of ' "~" .<--r_~. THIS POWER OF AI'rORNEY MAY NQT aE USED TO EXECUTE ANY aONO WTT~ AN INCE 2~ ,11 ·. SUKETY State of New York On PlZLHIL' 2% 1998 . before me personally ca'ne nl _~-a :Pique. aa . ;o me kno~.'n ..wh°. ~e!n.~. by me duly sworn did depose a.'~c: say th,~ he/she resides in ~ ~. l~r ~ . co~cr::~o~ descried in. ~d which ex~cu:~ ~e ~u~ ~s~-~en~: u~e~ he, she ~o'.vs ~he se~ of SaC '-~ -~'; -' ' , . ~..c .... e,,. :na~ 'h. seal affixed by or, e: or,he Bo~d cf D/re::cr~ of sa!~ :;~cra:!on. ~ ..i ...... name the:e~e ~v. like orde:; ~d '~a: uhe sad com:a~'.'. . h~ r~;eived fr.T.m :he SuFe~n~enden~ of !ns~ce of'ac S~te of New Yo:k. and ~h~ such c~:!flca~e h~ not ,--n ::'.eked. SEP221998I· II, I l.;bet~7' Mutual iniurznce Company Statuto~, Balanct Sheet (dolhrs in thousands) Assets D.t:~:d~L.3J~ ~ ! .609.f,62 I~nds ................................................................................................ Common & Pr~fert~ Stocks ..................................................................................... ' 4 446283 Real Estate.., 125~01 Cash & Sl~ort-Term investment~ .................................................................... ' 242.970 O~et ;nvested AsseLm ........................................................................ 27;~Sa Subtota! Caslm and in','esteci Asters 16,6c)8,7M Prem;um in Course of Collection° ......................................................... 1,521.916 Reinsurance Retovenbles on Loss and Loss Adjustment Expense Payme.-~Lm ................................... 183,590 Ir~tetest. ~"'~vlder. ~s ar.d Real Es'ate L'~ccme t~..e ancl Acct.,ed ............................................................. 16&557 C~:-: .... :': ....................................................................................................................... =C':.. '. ' ~, ~' ' /:-." .~.=' '-' .:T.~ ............................................................................................................... 19~--'.:S; Liabilities and Sur?|us Rese. rve for L~sses a~d Losa Adiustme~t .E.?Fe'u, es ............................................................. R~.erve fee L;ne~rn..ed ?r,~'ni-..-ts .................................................................................................. 1,629,832 ReL'~surance ?a}°ab~e on Paid Loss and Less Adjustmem £,,penses ............................................................ 2,6.194 Federal income Tax and State Pr~mlum Tax Ac~---ued ................................................................................ Other Liabilities ..................................................................................................................................... TOTAL LIAnlLITi F~ ................................................................................................................... IJ.2S~.845 Llna.~$~gne,~ Su~ius ................................................................................................................................................. 4.g24 J67 C'-'a.'a r. ty F'..: r.~ .,' ............................................................................................................................................ i.250 Surplus Notes ................................................................................................................................................... 1,142,516 TOTAL .c L"F~F LL'S ................................................................................................................................................ TOTAL LL,\B:i. ITi DS ,~,~::) S bT~ULL;c ........................................................................... 19JS2,1~I ~.':i.~_ ' COLrNTY OF SUFP3 Lg: lZ~nnts LangweH. be~$ duly rwom, says: ~at he uid ComFany ~s a mural ~ce ~mpany duly or~, ~s~ ~d ~gag~ ~ ~l~ u a su~ by vi~ue of ~e laws of · e Co~onwe~ of Mas~h~ ~ ~ duly compli~ wi~ aU ~e ~ui~ of ~ laws of ~id Co~onweal~ a~ ol the laws of ~e Sule of -.~ ................. a~licable to ~id Company and b duly quaBfi~ Io ad as sur~ under su~ laws; ~t uld Comply ~ ~ mmpU~ wi~ and TiOe 31 of ~e U~t~ Stat~ C~e. ~t ~e for~o~g b a ~ ~e ~d ~ statement of ~e F~ndal condition of ~id Comply an ~ 31st day ~r, ~7. Sworn to ~fom me ~b 31st day of S£P g g 1 98 R WA I~'C'. Ma) }0. C'n'd I'~'L~mcers. 'c"vi~'n)m~trmd n,d D~ve/upm'e,;t Bay Laurel Estates- Unit 21 Cost £stima{e Site Improvements · :.; ,~. !'11 '~ I.%1' · --. . , [ l:xll ,t;:.;, j 'J'{~'[.~l. 84.0~7,75 6' Limcrock Base $.lT: SY S] aO 27.791 ~ 12' Stabilized Subg~ade 106~ ~y ~1 ~0 Iq.l~6 ~0 SHe Li~htin~ i J % ~ gO0 gU ]6 ~J O0 Ruau~ork 9 ~..,~ SI Olll ',~ ~.~000 13' RCt' ~ I.~ S23 90 14.4)~ 60 24' RCP 2~ 1.1 S30 30 7,847 7g 54' RCP ~9 · I ~ Sl760 ~6.8~2 40 18' Ilcad~all 3 EA JSI0.~ 2.430 ~ 24" Ilcadwall I EA $1,080 00 I,~80 ~ 54' I lcadwal~ 2 I:A S3,540 00 7.080.~ J,ilurral PJanfm~ 2~2 I.F S6 ~) I,~ 12~ Storm Drainaje Sublulal 108J46.~0 Tolal Roadway, Drainage Jnd Excavation 32S~50.20 Construction Permit Fee (I.7%) 5,530.95 ~ R WA ,., Ctvil ~n~in,¢r~. E, virmJm~,tol ond D~¥*lor~m#nt Cons,hoars Bay Laurel Eslaleg ' Unit 21 Cost £stimale Site Improvements '" J .... : ' I [..[ ""' ;~0 ..4. SanilaQ. LiR Sla$iu, I [A S41.9r~ ~ S41.9~O 4' I'%'C Fotccmaln ltl I I S7 90 S2,148 4' Plt*e Val~e I I'A S662 00 I662 Putablt Wrater 6' P'.'C Wnlcrm~i~ III2 Ir sIi 20 II,~ran ,%ss~mbl) 8 LA SI.65,J ~) Pulable ~Vattr Subtulal SS2.64120 ......... ~ tA ~b~S t~ S2 004 4' PVC Sle~s 650 1.1' %3 4u Vertical Dcflccliun 6' 0 · EA S~ ~ Vertical ~ccliun 4' 0 LA ~00 ~ Irri:ntion Subtotal S37.0ZZ.00 Total Sanitary Se~er, Potable Waler & Irrigation $216,$8'7.00 Utility Permit Fee (2.0%) $4,.331.74. Total Roadway, Drainage, E~cavation & Utility 541,937.20 ~nintenance Agreement ! 10% S596.130.92 SEP 2 g 1998 LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 70115.030/Guy J & Ruth B Iarussi, 71110-034/Guy J & Ruth B larussi, 71119-014/Guy J & Ruth B Iarussi, 71217-046/Guy J & Ruth B larussi & 71217-048/Guy J & Ruth B larussi 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. As requir~ 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 thirty days after mailing of the resolution. C~e--'-~-~~°' ~fRecord C---~'~e Summary ~ 70115-030 GuyJ&RuthBIarussi a. Violation determination 01/14/97 ~ b. Notice of Violation served 02/22/97 c. Verification of unabated nuisance 02/14/97 d. Nuisance abated with public funds 04/22/97 e. Owner invoiced for costs 04/28/97 ~ Guy J & Ruth B larussi a. Violati"--'~on determination 11/08/97 ~ b. Notice of Violation served 1 2/10/97 c. Verification of unabated nuisance 12/18/97 d. Nuisance abated with public funds 02/12/98 e. Owner invoiced for costs 02/20/98 71119-014 Guy J &--"-'----~.uth B Iarussi ~ a. Violation determination 1 I/18/97 350.~ b. Notice of Violation served 12/10/97 c. Verification of unabated nuisance 12/18/97 d. Nuisance abated with public funds 02/12/98 71217-046 _ _ e. Owner invoiced for costs 02/20/98 Guy J & Ruth B Iaru'ssi a. Violati'------"~n determination 12/16/97 340."'~~' b. Notice of Violation served 01/15/98 e. Verification of unabated nuisance 04/02198 d. Nuisance abated with public funds 04/27/98 e. Owner invoiced for costs 04/30/98 ~ Guy J & Ruth B Iarussi a. Violati"-'------on determination 12/16~' 340.'-'~'~---~- b. Notice of Violation served 01/15/98 c. Verification ofunabated nuisance 04/02/98~ ' d. Nuisance abated with public funds 04/27/98 e. Owner invoiced for costs 04/30/9~ " SEP 2 2 19 8 FISCAL IMPA~ A total reimbursement of $ 1,780.00 may be anticipated by voluntary action or foreclosure. The only cos1 to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. ~ Not applicable. C M That the Boa.rd of'County Commissioners adopt the attached Resolutions. PREPARED BY: Mel6dy Bridge~an, Customk¥ Service Representative Code Enforcement REVIEWED BY: J~ll¥ Belanger, ~nior Cn,tomer SerVice Agent COde Enforcement REVIEWED BY: Micheile Edward~ .~a-nold, Dire~or Code Enforcement APPR~O~D BY: ~~' Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Sves. CSce 8 - 6/91 SEP 2 2 1998 BOARD OF ¢OUNTT CCX~fZSSIOt~RS COLLIER COL~T~, FLORIDA LEC~L NOTICE OF A~SZS~T OF J & Ruth B 2a~uaa£ DAT~: 789 Park Shore Dr. APT F-25 Naples, FL 33940 REFERENCE 70115-030 155701720003 LIEN NUMBER: LEGAL DESCRIPTION: ALL of Linde Park, except Lots 38, 39, 40, 42, 43 end 44, a Sub<Ltv~aion of Lot 51 of HAOLES GROVE ARD TRUCK CO'S LITTLE FARMS NO. 2, leas State Road according to the plat thereof in Plat ~ook 4, Page 19 of the Public Records of Collier County, F~or£da. You, as the owner of the property above described, as recorded in the records maintained by the office cf the Property Appraiser, are hereby adv:sed that the C:mpliance Services ~anager, d;d on 1/~5/97, order the aba~e~en~ of a cer~a~ ~:sance exlst~n9 on the above property ~ronlb~ted by Ordinance ~:-4~, ser~:n~ ~c:::e therecf u~c~ you, such nu£sance being: Prohibited accu=u~at~on of non-protected mo~ble vegetation in excess of in a aubc~viaion other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or ~bandofled property. Weeds over 18". and do-ned tree branches, limbs, paper pl&atzc, bottles, cups etc. You failed :o aba:e such nu:sance; whereu~c~, :: was aha:e~ ~y the ex~en~::ure of ~ublic funds a: a o::ec: cos~ of $200.00 an~ a=n:~:s::a::=e cos: cf $200.00 '~ ..r a :o:a~ of $400.00. Such c~s:s, ~¥ Resoiu::on of the ~card cf Ccu~:y C:~.T.:ss:c~ers cf Coil:e: have been assessed age:net the above prc~erty c~ and sha~i become a l:en cn the property :n:::y (3~: :aye after su:h asse~sne~:. You may reques: a hear:~g befcre the 5car~ cf Coun:'! Cc~.T. lss:cners :: shew cause, ~f any. why the expenses and ckar~es incurred by t~e County un,er ~h~s Or,chance are unwarranted or excessive or why suck expenses should not constLtute a lien against %ne ~rc~erty. Such request for hearing mus~ be made ~o the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thir%y {30) days from the date of .s assessment to be valid. csce 1/ 3 SEP 3 2 RESOLUTION NO. 4 ~ A RESOLUTION OF THE BOARD OF COUITTY CO~ISSZO~RS 6 PROVIDING FOR ASS£SSM~qT OF LI~. FOR THE COST OF 7 THE A~ATEHENT OF P~LIC ~IS~CE, IN ~ ~ZTH O~ZN~CE 9 I0 ~;R~, as provided in Ordinance ~1-49, the direct costs o~ aba~ement of certain nuisances, including prescribed ~dminiltrative cost incurred by the County, shall be assessed against such 13 property; and 14 ~ ~, the cost thereof to the County as :o each parcel shall be c~lculated and reported 16 to the Board of County C~isltone:s t~ether ~th a description of said parcel; and ~8 ~ER~, such assessment shall be ~ 2egal, valid and binding obligation upon the property 19 against ~hich made unti~ paid; and 20 ~l ~ER~, the assessment shall become due and payable ~hirty (30) days a~ter the mailing o~ ~ ~ocice of Assessment afte~ vhich interest shall acc~e ac a rate of tvelve ps,cent (12.0t) per ~3 a~um on any unpaid port,on thereof. 24 ~ NO~, ~E~FORE, B~ IT RESOLED BY ~E ~O~D OF CO~ CC~:SSIC~RS OF COLLIER CO~, ~6 ~ORIDA, that the property described as fo21ovs, and having been abated of a public nuisance ~7 due ~nd p~cpe~ notice thereof to the o~er of sa~d ptcpe~:y, ~s hete~ assessed t~e lo,loving costa ~8 of.such abatement, to wit: ]0 ~ Lzo D~SC~ ~ Io~: cos~ 31 ~y J i Ruth B II~mmi ~L of Linde Pmrk, except ~ts S400.00 ~ 71l Perk Shore Dr )l, 3~, 40, 42, 43 and 44, a 33 ~pt f-25 S~divilion of ~t SI o~ 34 Naples, FL 34L03 GRO~ ~ ~UCK CO'S LZ~LZ ~ &ccordLng to the pllt therlo~ Ln ~7 Plat Book 4, Plge 1~ of the ~lic ~8 ~9 Record~ o~ Collier Co~ty, ~lorida. 40 ~l~CZ: 41 7OILS-030 45570L720003 4~ T~e C~e~ o~ ~e Board s~&~ m4X~ ~ no~xce o( assessment o~ ~:e~ ~o ~e o~.ez o: o~e~s 45 (]0) days hereof, a certified copy of this Resolution shall be recorded tn the official records 46 of Collier County, to constitute a lien against such property accord:ag to law. unless luch 47 direction is stayed b7 this Board upon appeal of the assessment of the owne~. 48 Thxs Resolution adopted after motion, second and majority vcte. 49 DATED: 50 5] A~EST: BO~D OF CO~y CO~ISSIONER$ 52 DWIG~ E. BROCK. ~3 COLLIER CO~y, FLORIDA 56 57 B~B~ B. BERRY, C~I~ 5g APPRO~D ~ TO FO~ 59 ~LEG~ SUF~CI~CY: 61 ~ ~ ~ N~° 65 CSce 11 - SEP BOARD OF COUNTY COMMISSIONERS COLLIER COUNTT, FLORIDA L~GAL NOTIC~ OF ASSESSMENT OF LIEN Guy J Ierussi, & Ruth B Iarussi 788 Perk Shore Dr. Apt Naples, FL 34103 REFERENCE 71110-034 ~55701760005 I.I£H LEGAL DESCRIPTIO~: ~L of Lin~ Pazk, e~cep~ ~ks 38, 39, 40, 42, 43 and 44, , S~viston of Lot 51 of ~LES GRO~ ~ TRUCK CO'S LITTLE NO. 2, less S~a~e Road right-of-way, .cco=ding ~o the pla~ thereof in Plat Book 4, Page 19 of ~he ~lic Records of Collier County, Flori~. You, as the owner of ~he properly ,~bove described, ~s recorded ~n the records maintained by the office of the Property Appraiser, a:e hereby advised tha~ ~he Compliance Services Hanager, did on 11/19/97, order the aba~ement of a certain nuisance existing on the above propert), prohibited by Ordinance 91-47, serving notice thereof upon you, s~lch nuisance Acc~ulation of prohibite~ e~otics on un,proved lend located 200' of ~pzoved, s~dividld pzoperty. Found exotics consisting of approx, six (6) small to med. Austr.lian pane trees & sevez,1 outgrowths of ~razilian pepper hedge. You failed to abate such nuisance; whereupon, i~ was abaled b}, the expenditure of public funds a~ a direct cost of $ 150.00 and administrative cos~ of $200.00 for a total of $ 350.00. Such costs, by Resolution of the Board of County Commissioners of Collier Count~', Florida, bare been assessed against kbe above prcpert~, on and shall become a lien on the proper~y ~birty (30) days afler such assessmen~. You may request a bearing before the Board of County Co~issioners ~o show cause, if any, why ~he expenses and charges i~curred by the County under ~his Ordinance are unwarranted or excessive or why such expenses should not cons=i~ute a lien agains~ the proper~y. Such reques~ for hearing mus~ be made ~o ~he Clerk of the Board of CounLy Co~issio~ers, Governmen~ Center, N~ples, Florida 34112 i~ writing within ~bir[ ~~ days from ~be da~e of ~his assessment to be valid. ' cou, SEP · CSce g- 2 RESOLUTION NO. ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE 8 WITH ORDINANCE 91-47. 10 I1 WHEREAS. ·s provided in OTdtnence 91-47o the direct costs of abatement of cart&in nuisances. 12 including prescribed administrative cost incurred by the County, shall be assessed against such 13 property; ·nd 14 !$ WHERF. AS. the cost thereof to the County ·s to each parcel ah·l! be calculated and reported 16 to the Board of County Co~issioners, together with a description of sa~d parcel; ·nd 17 18 W~EREAS, such assessment sh&ll be · legal, valid ·nd binding obligation upon the property 19 against which made until paid; ·nd 20 21 WHEREAS, the assessment shall beco~e due ·nd pay·bls thirty (30) days after the mailing of 22 Notice of Assessment after which interest shell accrue st · rate of twelve percent {12.0%} per 23 annum on ·ny unpaid portion thereof. 24 25 NOW. THEREFORE. BE IT RESOLVED BY THE BOABD OF COUNTY CCP/WZSSIONERS OF COLLIER COUP. 26 FLORIDA. that the property described as follows, and h·v~ng been ·ba~ed of a public nuisance after 27 due and proper notice thereof to the owner of sa~d proper~y. ~a here~y assessed the follow~ng costs ]8 of such ab·cement, to wit: 29 30 NAKZ: ~I~AL D~SCRIPTZON: Co~ 3! ]] Guy J & Ruth B Ii.Jill ALL O~ ~nc~ Park, excep~ $ 250.00 33 7i8 Pazk Shore Dr. ~ots 38, 39,40, 42, 43 ·nd ~4 Apt F2S 44,& Subcl2vxeLon of Loc S1 35 Nsples, FL 3410] of IO~PZ~S GP~V~ )d4D TRUCK CO'S 36 LITTL.C FAintS NO. 2,1ass State ~7 Road r~ght-o£-wa¥, according 38 to tie pla~ ~hereof ~n Plat 39 Book 4, Page 19 of the Public ~0 I~ecorde of Collzer County, Florida. ~l "~ 44 $$?0~?~0005 ?~0-034 ~ The Clerk of the Bo·rd Ih·Il mail · notice of assessment of l~en to the o~er or ~7 of the ·bore described property. ·nd if such owner fslls Co pay auch assessment w~th~n ~8 (30) days hereof, a certified copy of chis Resolution shall be recorded in the offzc~·l records 49 of Collier County, co constitute a lien against such property accord~flg to law, unless such ~0 direction is stayed by this Board upon appeal of the assessment of the owner. 5! This Resolution adopted after motion, second and majority vote. 52 DATED: ~4 ATTEST: BOARD OF COUNTY COMMISSICNERS 5~ DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 59 BARBARA n. BERRY. C}.LAII~A~q 61 ^P~ROVEO AS TO 62 A~ ~ECA~, S~F~ICI~NC~: 65,Z'~ ~VfD ~Z~E~ ATTo ., Y SEP 2 1998 67 68 CSce 11 - 1/98 BOA~D OF CCXflqTY CC~t~ZSSIONERS COLLIER COONTY, FLORII~A LEC~L NOTICE OF ASSESSMENT OF LIEN DATE: Gu1r J Ierussi, & Rut~ B Iarussi 788 Park Shore Dr. Ap= F25 Naples, FL 34103 REFERENCE 71119-014 J55701760005 LIEN NUMBER: LEGAL DESCRIPTION: .ALL of Linde Park, exc~ep~ Lo~a 38, 39, 40, 42, 43 end 44, a Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, loos S~te Road according to So pl&t ~ereof in Plat Book 4, Page 19 of ~ho Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/19/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdividedproperty. Found exotics consisting of approx, six (6) small to med. Australian pine ~rooo & several outgrowths of Brazilian paper hedge. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cos= of $ 150.00 and administrative cost of $200.00 for a total of $ 350.00. Such cos=s, by Resolution of the Board of County Co~ss~oners of Collier County, Florida, have been assessed against the above property on and shall become a l:en on the property thirty ~30i days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against =he proper~y. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, ~lorida 34112 in writing within thirty !30) days from the date of assessment to be valid. CL£R~, BOARD OF COUNTY C0MMISSION~R$ cst. 9- ~/93 SEP ! 2 RESOLUTION NO. 98° ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (~ PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN S NI~ ORDIN~ 91-4~. 10 Il ~, ts provided in Ordinance ~-4~, the direct costs of aba~ement of certain nuisances. 12 l~c~udi~g p~esctibed ~i~i~tzltive co~t inbreed ~ the County, sha~l be a~sessed a~linst such 13 propercy~ and I~ ~ER~, the cos~ thereof ~o the County ~s to each p~rcel sh~ll be c~l~l~ted ~nd reported ]6 to ~he Board of County C~issioners, t~eth~r with ~ description of s~id p~rcel; ~nd 17 l~ ag~ins~ which made until pazd~ and 20 21 ~ER~. the assessment ahall become due and payable thzrty [30) days a~ter the m~zl~ng of 22 N~tice of ~sessment after which intereat shall acc~e at a rate of twelve percent ~2.0~) per 23 a~um on any unpaid portion thereof. 25 NOW, THEREFORE. BE IT RESOLED BY THE BO~D OF C0~Y CC~ISSiC~RS CF COLLIER 26 F~RIDA. that the property described as follows, and hav:ng been aba=ed cf a ~ublic nuisance after 27 due and proper notice thereof to the o~er of said property, is here~y assessed the follow~ng costs 2~ of such abatement, to 29 31 32 Ouy J lm~mm{, · ~ of LLn~ Park, ~xcopt S 33 ~u~ ~ Ia~ms~ ~ts 38, 39,40, 42, 43 and 44, ~ ~l ~ark Shore Dr. a S~vznxon of ~t 52 of ~S G~ ~ 3~ Ap~ ?2S ~UCK CO'S LI~ F~ ~. 2,1ess State 36 Naples, FL 34103 ~ad rzght-of-way, accor~flg to the 38 ~COFdl of CollxoF County, FloFI~. 39 41 ~FIX~CZ: ~ The Clerk of the Board shall ma~l a noclce of assessment of l:en to the owner or o~ers 45 of the above described property, and if such owner fa~ls to pay such assessmefl~ within 46 (30) days hereof, a certified copy of th~s Resolut=on shall be recorded Ln the o{fic~al records 47 of Collier County. co coflstituce a lien agains~ such prcperty accord:~g ~o law, unless such 48 direction is stayed by =bls Board upon appeal of the assessment of t~e owner. 49 This Resolution adopted after motion, second and ma]or=ty vote. ~0 DATED: ~2 A~EST: BO~ OF CO~Y CO~ISSIONERS 53 DWIG~ E. BROCK, CLERK COLLIER CO~Y, FLORIDA 56 58 5~ ~RO~D ~ ~O ~O~ BOARD OF COUNTY CO~4~SSION~.RS COLLIER COUNTY, FLORIDA LZGALNO?ICE OF ASSESSHEN? OF LIEN DATE: J & Ruth B Iarussi Park Shore Dr Apt F-25 ~les,. FL 34103 ~ 71217-046 155701760005 LI£N DESCRIPTION: All of L£nda Park, excep~ Lots 38, 39, 40, 42, 43 and 44, · Subdivision of Lo~ 51 of ~LES GROVE AND TRUCK CO'S LITTLE FA~]4~ NO. 2, less S~lte Road right-of-way, according to ~he pla~ ~,he=eof in Pla~ Book 4, Page 19 of ~he [h~blic Records of Collier County, Florida. as the owne: of the property a~ove descril:e~., as recorded in the records naintained by er, did on 2/17/97, or=er :he a:a:emem: cf ~ cet:a:m r.u:samce ex:s::.mg om :he above Prohzbi~ d~pxn~, acc~ulatxon, storage or burxal of lzttlr, waste or ~andon~ proper~y. Palms fronds, tree branches, paper, plmstxc confiners, glass & m.~l 'cu falle~ :: a~a:e such nuisance; whereupon, :1 ~-~s a~a:ed :y %he ex,end:lure cf Such cos%s, ~y Resc!u:lcn :f ~he ~car: :f Crun%y Ccr.~:ss:cners cf Coil:er Coun:y, Florida, ha-re been asses~e~ aga:n~% :he accve ~::~er:-:. on ou may request a hearing ~efore =he ~oar~ cf C:unty 2om~lss;cners ~: snow cause, any, i' ~h~s assessment :o be valid. CLERk, BOARD O~ COUNTY COMMISSIONERS &ce 9- 1/93 RESOLUTION NO. 98- 6 A ,so.-UTzo, or ,,, or county co..zsszo,,Rs ~ER~. as provided In Ordinance ~1-49. the direct costs of abatement of certain nuis~nces. ] including prescribed ad~inis~r~ivt cos~ in,fred by ~ht County. sh~ll be ~ssessed ~gains~ such ~ propercy~ and 14 L~ ~ER~. the cost thereof to the County is to each parcel shill be calcull~ed and reported [6 to the Board of County ~islionerl. t~e~her vi~ I description of s~id parcel; and [8 ~. such assessment shall be a legal, vllid and binding obligation upon the property [9 agains~ ~hich ~de un~il paid~ and ~0 ~2[._ ' ~ER~. the assessment shall become due and payable thirty C30) days after the mailing ~23 No=ice of Assessmen, after which interest .h.11 .cc=e at. r,te o, twelve percent (12.0,. per annum on any unpaid portion ~hereot. F~ORIDA. ~a~ ~e property described as lollo~s, and hav~ng been a~a~ed ol a public nuxsance at,er 27 due and proper no~ce ~hereof ~o ~e o~er of sa~d prcFer~y, is here~y assessed c~e followiflg costs o~ such abatement. ~o :29 1 ~ Guy J & Ru~ B Xl~ssz ~ of ~zn~ ~lr~, ex~ep~ S 340.00 '33 788 Park Shore Dr ~ts 38, 39, 40, 42, 43 mhd 44, /cco=~ng ~o ~e pll~ ~ereof ~n P~a= ~k 4, Page 19 of ~e ~l~c ~cords :~0 4 ] RZ~Z~CZ: 42 71217-046 155701760005 .43 ~ The Clerk of the Board shall mail a noc~ce of assessmemc of l~en Co the o~e= or owners 45 o~ the above described property, and if such o~er fails Co Fay such asseslmen~ w~chln thirty ~6 ti0) days hereo~, a certified copy ol this Resolution shall be recorded ~n the official records 47 of Collier County. co constitute I lien 19ainlc such property according co law. unless such 4~ direccion ~s stayed by chis Board upon appeal of the assessment of the owner. 49 'This Resoluc~on adopted a~cer motion, second and malor~cy vote. ~0 DATED: ~2 A~EST: BO~ OF ~3 D~IG~ E. BROCK. CLERK COLLIER CO~Y. FLORIDA 54 56 57 ~9 APPROVED AS TO ~ ~a~ SUrFZCI~Y: 65 BOARD OF ¢O~qTY COt~ISSIOH~RS COLLIER COUNTT , FLORIDA LEC~J.. NOTICE OF ASSESSHENT OF LIEN DATE: J & Ru~h B Iarussi ~88 Park Shore Dr Apt F-25 ~les, FL 34103 71217-048 155701?60005 LIEN NUMBER: ~GAL DESCRIPTION: ~ All of Linda Park, except Lots 38, 39, 40, 42, 43 and 44, 8 Subdivision of Lot 51 of Li NAPLES GROVE AND TRUCK CO'S LITTLE FA~4S NO. 2, 1000 S~ate ROad right-of-w&y, I according to ~he plat thereof in Pl&t Book 4, Page 19 of tho l~ublic Records of Collier .~. County, Florida. leu, as the owner of the property above described, as recorded :n the records m&intained by ihs office cf the Property Appra=ser, are hereby advised that :~e Cc~p!=ance Services ~anager, did on 2/17/97, order the aba:ememt of a ce:'a'~ ~u'sa-ce ex~sti-g o- t~e above ~roperty prohlbi:ed by Crdlnamce 91-47, servlmg m:::ce :he=eof u~tn y~u0 such nuisance bezng: Proh~bZ:ed dumpzn~, accumulation0 storage o: bursal of lz:ter, waste or abandoned proper=y. Palm fronds, downed tree sectzons, paper, plas~zc, glass i )u failed to aba:e such nuisance; whereupcn, :: wa~ a:a~ed ~y :ho ex~end::ure cf public [~nds at a direc: cos~ o: $ 140.00 and a~:a:s::atlve cost cf $200.00 far a total o~ $ ~40.00. Such casts, by Resoiutian cf :he Eta:: tl C:unty C:~.~.:ss:cners c~ CtiL:er County, florida, have been assessed against the above ~::~er:y aa .~ shall became a llen on :he prape::y thirty ,22~ aays a~:e: su:h assessment. You may request a hen:lng before the Eoa:d c: County C:~.~Iss:oaers ta shaw cause, i~ any, why t~e expenses and aha:gas incurred by :he Cou~t7 under th~s Cr~:aance ale unwarranted or e~cessive or why such expenses should no: cansti:u:e a llen against the prope::¥. Such request for hearing ~ust be made ta :he Cler~ :f t~e Bca:d t: Ccun:y :t~.issicners, Government Center, Naples, florida 34112 in writing wi:bin th:fly (3~! days ~rcm the date of this assessment :o be valid. CLERK, BOARD OF COUNTY CO~ISSIONERS CSce 9- 1/93 t SEP 2 1998 ii RESOLUTION NO. 5 A RESOLUTION OF TH£ BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSME'~IT OF LIEN, FOR THE COST OF 7 THE ABATEME~ OF PUBLIC NUISANCE. IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ~0 I! WHER£AS, ·s provided in Ordinance 91-47, the direct costs of ab·cement of certain nuisances. ~2 including prescribed administrative cost incurred by the County. shall be assessed against such ~3 property; and ~5 W~£REAS. the cost thereof to the County ·s to each parcel shall be calculated ·nd reported ~16 to the Board of County Commissioners. together with · description of said parcel; ·nd 717a 'f~18]9 1~4£RF~S. such assessment sh·ll be · leg·l, v·lid ·nd b~nding obligation upon the property against vhich made until paid; and '20 21 WREREAS. the assessment shall become due and payable th:try {30) days after the mailing of '~2 Notice of Assessment ·~ter which interest sh·l~ accrue ·t a rate o! twelve percent (~2.0%! pet ~23 annum on any unpaid port,on thereof. 24 25 'NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUntY CC.~ISSION~RS OF COLLIER COU~ITY. ~6 FLORIDA. that the property desct~ed as follows, amd hav~ng ~ee~ a~ated of · publzc nuisance after 27 due and proper notice :~ereof to the owner of sa:d p:¢per:y, as here~y assesse~ the follow·rig costs 28 of such abatement, to 29 30 ~A..lqZ: L~OAI, DESCRIPTiOn: cOST 31 32 Guy J & Rur_h B Iaruss~ A/1 of LAnc~a Park, except S )40.00 ]3 788 Pack Shore Dr 7.otb 38, 39, 40, 42. 43 and 44, 34 Apt r-2S · Sukx4tvzszon of Lot $1 Of 35 Naples, FL 34103 GROVE AJqD TRUCK CO'S LITTLE rAflJ,h% 36 e:~. 2, Xes· State Road r~ght-of-wa¥. 37 according to the pl&t thereof ~n Plat 38 Book 4, Page 19 of the Publxc R~cords ~9 of CoXlzer County, rlor~cLa. 40 41 42 71217-048 ~$$?01760005 43 44 The Clerk of the Board shat! ma:l a not=ce of assessment of 1=eh to the owner or owners 4~ of the above described property, and ~f such owner fails to pay such assessment 46 (301 days hereof, a CBt:·lied copy of thcs Resolution shall be recorded ~n the official records 47 of Collier County. to constitute · l:en against such property according to law. unless such 48 direction is s:ayed ~¥ th~s Board upon appeal of the assessment of t~e owner. 49 This Re·alu:ran adopted after mot~on, second amd majority vote. 50 DATED: 51 52 ATTEST: BOAJLD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK. CLERK COLLIER COUNTY. FLORIDA 54 56 BY: 58 59 APPROVED AS TO FORR 60 AND.LEGAL SUtrZC..IEI~CY: 61 oq~ COUNT~ ATTORNEY (~ CSce ~ - ~/9~ S£P g 1998 ~XECUTIVE SUMMARY AUTHORI~ ~ CHAIRMAN TO SIGN A GRANT AGREEMENT WITH THE U.S. FISH AND WILDLIFE SERVICE FOR FUNDING EXOTICS REMOVAL IN THE LELY-BAREFOOT CONSERVATION EASEMENT AREA To have the Board of Commissioners authorize the Chairman to sign a grant agreement with the U.S. Fish and W'fldlife Service (USFWS) to provide $4,200 in grant funds for exotics removal in the Lely-Barefoot conservation easement area. CONSIDERATIONi On March 24, 1998 (Agenda Item #16.A.2), the Board authorized the Natural Resources Department to submit a proposal to the USFWS to remove exotic plants in the Lely-Barefoot conservation ensemel~t. The USFW$ accepted the proposal and requires the County to enter into the attached gnmt agreement to implement the program. USFW$ w/Il reimburse the County up to $4,200 in order to conduct the following act/v/t/es: · Removal of Austral/an Pine and Braz/lian Pepper from selected areas in the Lely-Barefoot Coma'vat/on Easement * Development ora local slide show and presentation to 8 local homeowner groups. · Printing and distn'bution of the Cell/er County invas/ve exotic plant brochure · Creation of an invadve exotic plant website FISCAL IMPAC][: i The cost for the total project is $15,030. Collier County will receive up to $4,200 in USFWS program funds. The proposal has be~ prepared so fl~ no additional County resources ar~ needed. County in-kind services will tn'ovide $10, 830 and will consist of staff time and use of the County's boat. Since this proposal was not incorporated into the proposed FY 98/99 budget, the tentative FY98/99 budget .will need to be amended for the NaUwal Resources Grant Fund 117 to reflect the increased revenues and expenses associated with this grant award. GROWTH MANAGEMENT IMPACT: Ir'approved, the grant money will support Objective 7.3 ofthe Conservation and Coastal Management Element which requires the County to continue to implement programs that conserve and protect endangered and threatened wildlife species. SEP ~ ~ ~98 Executive Summary Page 2 That the Board authorize the Chairman to sign the attached agreement and approve the necessary budget amendm~-~s ss outlined above. SUBMITTED BY: ~,. Date: Natural Resources Director Vincent A. Caut~o, AICP, Administrator Community Development & Environm~tal Services ,,, SEP 2 2 1998 :~ pg. ~ 'i AG~ NO: 1448-0004.98.$.021 CHARGE CODE: 41420-1124-0000 (FY 98) AMOUNT: $ 4,200.00 TIN: 59-6000558 DUNS NO: 07-699-7790 COOPERATIVE AGREEMENT Between U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE ~nd COLLIER COUNTY I. ~~~~~~C~: Collier County Natural Resources Department 3301 East Tarrdami Trail Naples, FL 34112 Recipient Class: Local Government Catalog of Federal Domestic Assi~aace Number: I$.FFB II. ~..~~: Tlfs agreement between the U.S. Department of the Interior, Fish and Wildlife SeN'ice (hereinafter referred to ~ the "Service") and Collier County (hereinafter referred to as the "Recipient") is hereby entered into under the authority of the Fish and Wildlife Coordination Act (48 Stat, 40l, as amended; 16 U.S.C. 661 etseq.). This Cooperative Agreement is being implemented in order to provide the Recipient w~th monetary ~si~ance to conduct a mangrove wetlands enhancement project as described in the attached proposal. The purpose of this assistance is to cooperatively implement the restoration project tkrough the Service's South Florida Coastal Ecosystem Pro,am. The objectives of this agreement are to enhance ±300 acres of mangrove wetlands infe~ted w~th exotic vegetation by: ' · removing exotic vegetation from the Lely Barefoot conservation casein SEP 2 2 1998 continuous treatment of the site to prevent the regrowth of exotic plants; development of a slide show for presentation to homeowners associations; · printing and distributing the Collier County invasive exotic plant brochure; and, · creating an invasNe exotic plant website. Tl~s a~eement is considered assistance because the proiect's monitoring component will be developed by the Recipient in cooperation with the Service. Implementation of the monitoring component of this projec~ will be a cooperative endeavor between the Recipient and the Service. IV. I~u~C. KGI~LI]2~: Barefoot Beach is the northernmost coastal barrier unit in Collier County and consists of 16,300 feet of'shoreline from its northern boundary at the Collier County/Lee County line to its southern boundary, at Wiggins Pass. The Lely Barefoot Beach Planned Unit Development (PUD) is located directly in the northern portion of'this coastal barrier unit. As pan ofthe Lely Barefoot Beach PUD, Collier County received a conservation easement consisting of-+.300 acres of estuarine mangrove habitat. Australian pine (Casuarina equiset~folia) and Brazilian pepper (Schmus terebmthifofius) have now become established in ---12 acres along the outer boundaries of tkis area. These invasive exotic plants are also establishing themselves in the private development a~ well. Collier County reco.mfizes the need to develop a coordinated effort to remove exotic plant species from public and private lands and to inform the public of the need to keep such areas free of exotic vegetation. Collier County proposes to use a contracted service to remove Australian pine and Brazilian pepper using cut-stump herbicide treatment in Area A. Staff and volunteers will then retreat this area every three months for resprouts. Within Area B, County staff'and volunteers will treat in place the Australian pines and Brazilian pepper using frill and girdle treatments and/or basal bark treatment, whichever is most applicable. Retreatments for this area are planned every four months. Exotic removal and retreatments are scheduled to begin in the fall of 1998. The public awareness program consists ora series of workshops with each of the eight homeowner and condominium associations in the private development. County staffwill develop a slide show specific to this area for the workshops. The proposal also requests funds to print more copies of the County's existing exotics brochure and to create an "Invasive Exotics" web page. Local workshops are scheduled in the winter season beginning in early 1999 when most of the seasonal residents have returned. The Recipient is responsible for implementation and completion of the proposed project ~s outlined in the attached proposal. Components of project implementation including (but not limited to) design, construction, monitoring, and long-term maintenance will be developed by the Recipient in cooperation with the Service and other panners. The Recipient will SEP :~ 2 1998 assume the primary responsibility of monitoring the success of the restoration and maintaining the site free ofinvasive exotic vegetation. The success of the project will be determined by a 95 percent eradication of exotic vegetation currently existing within the project area and the recolonization of these infested sites by native plant species..~ identified in the attached proposal, the Service will contribute funding assistance in the mount of $4,200 to a total project cost of $15,030 representing a 28 percent cost share. The period of performance of this agreement is from September 1, 1998 to September 1, 2003. VII. A_%Y. AgD_AMQI2~: A. TOTAL (NOT-TO-EXCEED) AWARD AMOUNT: S 4,200.00 B. TOTAL AMOUNT FUNDED TO DATE: $4,200.00 C. FUNDED PERIOD: October 1, 1998 to September 1, 2003 " D. FUNDED INCREMENTS: The Recipient is advised that the Service's obligation to provide funds for funding increments included in this agreement is contingent upon (i) satisfactory performance and (ii) on the availability of funds. Accordingly, no legal liability on the part of the Recipient exists unless or until funds are made available to the Recipient and notice of such availability is confirmed in writing to the Recipient. VIII. ~i~,~l~l~l~: APPROPRIATION: 41420-1124-0000 (FY 98) ($4,200.00) Upon acceptance of the terms and conditions of this agreement, the Recipient may submit requests for payment using Standard Form 270, ~ ll,~illlbllllllll~, no more frequently than monthly (Standard Form 271 must be used if agreement is for consu'uaion). The Debt Collection Improvement Act of 1996 requires that all federal payments made by an agency after July 26, 199(~, must be made by electronic funds transfer unless the recipient certifies that they do not have an account at a financial instituition or authorized payment agent. The original and two copies of each payment request (SF-270) shall be submitted to the Service Project Officer identified in Article XI.A. ofthis agreement. Upon approval, the Service Project Officer shall forward the payment request and one copy to the Service Administrative Officer for processing. SEP 2 2 1998 C. Should the Recipient be unable to complete the provisions of this agreement, all monies provided by the Service which prove to be cancelable obligations or unallowable costs in accordance with OMB Circular A-87 ("Cost Principles for State and Local Governments") Or the approved budget, shall be refunded to the Service. D. This agreement is intended to support a particular project for a specific period of time. Any portion of funds advanced to the Recipient that are not expended at the completion of the period of performance of this agreement shall be returned to the Service, along with any interest earned on that amount. The Administrative Officer for this agreemen! is: Henry E. Eggink U.S. Fish and Wildlife Service 1875 Century Boulevard, Room 310 Atlanta, GA 30345 404-679-4063 Xl. Kalani D. Cairns William D. Lorenz South Florida Field Office Collier County U.S. Fish and Wildlife Service Natural Resources Department P.O. Box 2676 3301 East Tamiami Trail Vero Beach, FL 32961-2676 Naples, FL 34112 561-562-3909 941-732-2505 XII. R V : A. Interim Reports: Interim progress reports will be submitted semiannually with the first submittal due January 2, 1999. These repons should be expanded on with each submittal. The reports will include at a minimum: a description of the action; a location map; pre-, during, and post-construction photo documentation in the form of color slides and prints (ASA 200); project progress to date; and a monitoring assessment, i f started. B. Final Reports: Within 90 calendar days after the agreement completion date as defined in the agreement or in the most current modification, the recipient Project Officer shall submit a final report to the Service Project Officer identified in Article XI.A. this agreement. A copy of the final report shall also be forwarded to the Service Administrative Officer..This report shall consist of all information from the interim progress reports as well as final costs to complete the project,, and an assessment of the project's success including a monitoring assess[~ year after [ No.~ I SEP 2 2 1998 project completion, The final report may be submitted earlier if the project is completed before the agreement completion date. C. Final Financial Status Report: Within 90 days after completion of'this award, the Recipient shall submit to the Service Administrative Officer a final Financial Status Report (Standard Form 2(59). xm.l~: The Department of'he Interior regulations governing assistance agreements with local governments at subpans A-E of 43 CFR, Pan 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs (plus relevant circulars of the Office of Management and Budget as referenced in these regulations) are incorporaled by reference with the same force and effect as ifthey were given in full text. Upon request, the Service's Division of Contracting and General Services will make the full text of'these re_mllations available. X:IV.~: Modifications or renewals may be proposed at any time durin.g the period of performance by either party and shall become effective upon approval of both parties. XV. c; \,: A. The Recipient is responsible for obtaining ail permits necessary, to complete the proposed work. The Service is available to assist. B. The Service will be acknowledged, as a contributing partner, on any signage installed regardin!~ the implementation of this public outreach project. Any publications and/or presentations produced as a result of this project will also acknowledge the Service. C. The Service's liability, will be governed by the Federal Tort Claims Act (28 U.S.C. 2761 et seq.). The extent of'the Recipient's liability shall be governed by the laws of' the State of Florida. D. The Recipient will comply with sections 2 through 4 of the Act of'March 3, 1933 (41 U.S.C. 10a- 10c, popularly known as "Buy American Act"). SEP 2 2 1998 IN WITNESS WHEREOF, the parties hereto have caused this Grant Agreement to be executed as of the date therein written. BOARD OF COUNTY COMMISSIONERS U.S. DEPARTMENT OF THE INTERIOR COLLIER COUNTY, FLORIDA FISH AND Wrl.nLIFE SERVICE By: .. By: BARBARA B. BERRY, CHAIRMAN TITLE: DATE: DATE: ATTEST: D~VIGHT E. BROCK, CLERK By: '~ Deputy Clerk Approved as to form and legal sufficiency: .Thomas C. Palmer Assistant County Attorney SEP ~ 2 1998 PROPOSED PRO.I'ECT BUDGET Personnel Costs Salary and Indirect Supported Costs Total $10,800.00 Operating Costs Contractor S 3,500.00 Herbicides $ 5OO.OO Boat Charges $ 750.00 Printing Total S 4,950.00 Total Project Cost 115,030.00 Requested Program Funds from FWS S 4,200.00 County. Match/Conm'butions S 10,830.00 72% SEP 2, 2 1998 i REQUEST TO APPROVE FOR RECOI~ZNQ THE FIN~ PLAT OF TWIN EAGLES -. PHA~E ONE AND APPROVAL THE PERFORMANCE SECURITY To approve for recording the final plat of Twin Eagles Phase One. - CONSIDERATION~ ~ The Board of County Commissioners on August 4, 1998 approved the final plat of Twin Eagles Phase One 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 $647,746.20, 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,(and also includes security for lake excavation) is $4,274,561.00. The developer has provided a Performance Bond as the required security. The County will realize revenues as follows: Fund: CommunityDevelopment Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $13,247.44. Fees are based on a construction estimate of $647,746.20 and were paid in May, 1998, and are reflected in the Executive Summary of August 4, 1998. Executive Summary Twin Eagles Phase One Page 2 ~ROWTH MANAGEMENT IMPACT, None RECOMMENDATION, That the Board of County Commissioners approve the final plat of "Twin Eagles Phase One", with the following stipulations: 1) Accept the Performance Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Twin Eagles Phase One.. 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: oonn R. Houlds~~ Engine-~--- ' -Engineering Review Date REVIEWED BY: Engineering Review ~anager 'Date/Y'?~' ~en .j~Director f' Date r bate Community Development & Environmental Services Community Dev. and Environmental Svcs DIVISION · 1998 VICINITY MAP CONSTRUCTION AND MAL~TENANCE AGREE.~IENT FOR SUBDFV~SION US[PROVENIENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIV]SION IMPRO~ entered into this ~ of , 1998 be~een ~.v'.'~?.r?', '~"'"'~;": ~"~ :~" "' -.: ...... ,. ..... r~er:.,'d :O ..,e -D~.,~,c~,,.. ~-'~ ;.h~ ~:.:-.' '.~,.,~:~.~v C,:.':.:..: .~;.:.; .;:' .2oh;:; L.:.. · ~' i3rlc',~." .,,.-, ;,,o ..... e .... ,,--, ;,:.'".';.':~ .: 35 :.',2 "-~.z.;~:.~'. RECITALS: A. De,s'elolxu, has. simultaneously, ssith the deliver)., of ttUS Agreement. npplied for the approxal Ir,.' the Board of.a certain plat of.a subdivision ~o be Imoss~ as: T~t,£agles, Phase O,e B. [hxision 3.2. of' thc Collier Count).- Land Dc~,clopmenl Code requires Ibc De, eloper ~u post approp~i4;: guaram~s for ~hc consu'ucaion oF ~hc im~rovcmenu required i~. said subchvision regulations, said guaramc~s 1o be incorporated in a bouded -',grecmem rot ,~e conslruc~ion of the requir:d improve.-r,.ent~. 1. De~,~lo~r s'ill cam to be conslructed: Pas'lug, Drainage, Stme~ Lighflug and Landscaping within 36 months from the date of approxal of said subdivision plat. sa~d improvements herein~cr referred to as the r~iuired improvements. 2. Developer herms, ith menders its subclivision ~rformance sccuriu,.' (at,-ched hereto as E.xh/bit "A" and by reference mad~ a lam hereof) in the amount of S4.274.561.00 ss'hich amount represents 10% of the total contrac~ cost to complete cou.sUu~ou plus 100% of the cs,imated cost to complete thc required improvements al the dame of this Agreement. P~. 4 3. In the event of default ~- the Dcvelopcr or failure of the Dcvclopcr to complete such improvemenu within the rime intuited ~' ~he Land Development Code. Collier Count).-. ma.v call upon the subdivision performance securip,.' to insure satisfactory completion of the required imprm'ements. 4. 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 furnished to be re,,'iewed and approved by the De~'elopment Services Director for compliance ~ith the Collier Cr,..,~ .r.:. Land D~':looment Ced_-.. s-'?.:cmcnt of s',,~stantial ccmplttion, either: a) noti~.' thc f.,~'¢lcper in ~xriung of his prelimina,~, apprm-nl of the improvements: or b) notif:,.' the D~'eloper in ~Titing of his refusal to apprm~e improvements. therewith specifying those conditions ~¥hich the Dc~'eloper must fulfill in order to obtain the Chrecior'$ approval of the impro~:ments. Hinderer. in no e~'ent shall the Development Sera'ices Director refuse preliminar:,.- approval of the improvements if thc' are in fact constructed and submitted fer approval in accordance ~ith requirements of this Agreement. 6. The D~'elopcr shall maintain all requited impro~'ernenu for a minimum period of on,:. .~':-ar allot pre!inunao.- approval ~. the Development Se.~ices Director..~'tcr thc one .~ear ma;ntc~anc: · '. '~. ' ' t: .'~".~ ':-.""',' - ' *. r',,, .... ,,..:? e,....~._,~..'7 ° .: ' '.... ....... :;~ .~ .'. .: :'.:. ~..~ .~ -'.'_.~ .:=....'... improvements ancL if found to be still in compliance ~th the Collier Count' Land Development Code as reflected b:,.' final approval b:,.- the BoarcL The Board shall release the remairfing 10% of the subcti~sion performance security. The Developer's responsibilit3., for maintenance of the reqttired Lmpro~'ements shall continue unless or until the Board accepts m~intenance responsibili~- for and by. the Count.. 7. Six (6) months after the execution of tiffs Agreement and once within r,'en.' slx (6) months thereafter the Developer may request the D~'elopment Sep,,ices Director to reduce the doUar amount of the sutxtivision performance security on the basis or ~x~rk complctect Each request for a reduction in the dolla~ amount of the sutxti~-ision performance securit3.' shall be accompanied by. a statement of substantial completion !~.' the Developer's engineer together with the pro. r ,', ........ . /O SEP Z Z 1998 necessary, for review by the Developrnent Services Director The Development Services Director may gr',mt the r~quest for a reduction in the amount of the sutxl/vision performance securi~, for the improvemenls completed as of the date of the request. g. In the event the Developor ~!1 fail or neglect ~o fulfill ils ob~igation~ under th/s Agreement, upon certific~on of such failure, the Count). Administrator mag' call upon the sulxlivision performance r~'xu'i.ty to secure ~atisfactory completion, repair and maintenance of thc requh, ed req~red hercirc The Developer, as princilxfl under the subdivision performance securit)', shall be l/able [o pay and Io indenmify the Board. upon completion of ~uch cor~truaion, the final ~ co~ ~o Ibc Board thereof, including, but no~ limited to. engineer/ng, legal and contingcm costs, togethcr ~ith any damages, either direct or consequential, which the Board may suslain on accoun! of the failure of the Developer ~o fulfill a]l of the prox~$ions of this Agr~'ement. 9 .al! of the terms. ¢ovenanL~ and co~.,*-"..icns hereLn c~.~.~d are and shall be bind/ng u.con the Dcveloper and the respective succe$~or~ and a~siE_ns of the l~'velc~er. P.,~ ~qTN~'ESS WI~REOF. ~e Bcard and t. ha Deve!o.vcr haxe causcd this Agr,-,e.~.-.~t to ~ SIGhtED. SEALED AND DELI'vEILED I~ DE%'KLOP£R THE PRESENCE OF: T~inEagle$ Development Company. Ltd A Florida Limited Panner~hip Witness / A Florida Limited Partnership, Its General Panner ~nted or Typed Name. --~ Its'~General Partner Printed or T~lxa:l Name SEP 1990 AT'I'EST: BOARD OF COUN'I~' COM2$flSSIONERS OF DWIGHT E. BROCK. ~ COLLILmR COUNTY. FLORIDA Deput>' Clerk l~.': Chairman Appr~-ed as to form and lesal suflicienc}.-: , ,4. Collier Cot:nD. Actom~' SEP 2 2 1998 P£1~O~MAN¢£ BO~D Bond Number:_ 128658 KNOW ~L PE~ONS BY THESE P~SENTS: ~az T~agles L~d Group I, LLC 4099 T~i~i Trial North, Suite 305, Naples, FL 34103 ~ereina~er reread to ~ "O~er') ~d Frontier Ins~ce Comply ! 05 LS:~ Louis ?-!:~ Pou!~vwL Colher County, Florida (hereinafter referred to as "Count.') in the total aggregate sum of Four Million Two Hundred Seven_ty Four Thousand Five Hundred Sixty One and 00'!00 Dollars (!;4,274,561.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assier, s. jointly and severally firmly by these presents. Owner and Surety are used for sin,2.ular or plt~rat. 'as the context requires. ' - THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has s:.;i'.,':niv, e~ ~:r approval bi.' the Board a cenaln ~ubdi,,i~ion plat named T~,,in£agles. Phase On,: o,":c2 ;~'~at c:.-:2:x subidivision shall include specific im..~rove,',,ents which are required by Cc!!ie: Ce'a.-..-..- Ordinances and Resolutions (hereinafter "Land Development Reguiations"~. t"'l".is oi:ii~.:r!on oi the 5 .a'eD' shall commence on the date ti,is Bond is executed and shal! continue until :'-~, ciz:e ef '::.:'- .... " · . 2'..-::7:.:-- :.-'-.. i'.. -.--.. - J ::, ..... ,-,,~ iz ,,,e. ~:;'ner ,,,,al ',veil. ;:.:,v a",~ faithi'u~iy per£onn irs oizii~::~ticn.~ '=.-.d · . -._--;... .~ %: o- . · duties in accordance with the Land Developmen[ Regulations during the guara,-.rv Fe,"iod established by the County., and the Owner shall satisfy' all claims and demands incurred and shall fully indemnify, and save harmless the Countw' from'the against all costs and damages which it may suffer by reason of Owner's failure to d~ so, and shall reimburse and repay the Counp..' all outlay and expense which the Count- ma.'.' incur in making good an.,,' default, then tkis oblieation shall be void, otherwise to remain in full force and effect· PROVIDED, FURTHER, that the said Surer?-, for value received hereby, stipulates and a~rees ..that no change, extension of time. alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond. and it does herebv v,'aive notice of any such change, extension of time. alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be dee automatically and immediately, without formal and separate amendments hereto, SEP Z 2 1998 the Owner and the Surety. to the tull and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond. and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. ' IN WI ,'I~.~'E.~..~WHEREOF, the parties hereto have caused this PERFOI:hMANCE BOND to be execute~this'it'ay of' A_u.u.u.u.u.u.u.u.u~. 199 8 '"'/: ~. :: -: '-"~.;::~-..'~:.:c / · ! / ' "T~ f'~'.*:, c : [ . Witness-Signature .... 'r. Witness-Printed Name State of ~-~ - ti, County of (. .... .. ~- :-':ne fore~,~in~ inst.'ume..-.: x,.'2~ ,-..,,,-,wi .....~ ............ .~.- before me ' ' . ..... · - ' ":' q.. . cL ,.' on ce,~a,; o: T'.','in£agies La,".~ Cc.)up ,. LLC. a -; i-, ~ ,_, e 'o",- ~7' ' '"" ' .... -. '"- ,:. ' .......... : ...... . ......................... 7.:7_..- :~::-',..'.-.... ...... ,~.. . (Affix notary seal) ......, sosa~ ~ ~,:-r,s Nota~' Public ' (~aames ~e~r~h1 ~ _ Erontierlnsumnce Company ~jtness ~ (Sure~) ~Bra~die ¢o~in Nitness ' ~: Fio~i~ Resi~n~ ~en~ SIGNED SEALED AND DELIVERED IN DEVELOPER THE PRESENCE OF: ~s . ~ a Fcnda Limit~ Liabil~ Corporabon. Its Mana;mg Member ~y T'~E~gle~ ~,~a~a~-~,~t LTD ,..';~ ...... ~ ........ ~, .*,';:: -;c ,*x~.C;.-~,.~ STATE OF FLORIDA COUNTY OF COLLIER T~a foregoing Instrument was acknowledge3 ~-.~ ~ ~ ~ ~ · · ,. - ... 1998, by ~ ~ S~ory, Execut~v~ V~c~ Pres de~ cf ~... -=~- .~ ~.~ ..... ~--~ ~_~ ~,~.~.~ ·, , ~ :.. ,, :.-.,. SEP 2 2 1998 O COMPANY PRINCIPAL'S ACKNOWLEDGMENT INDWIDUAL VERIRCA~ON ~e M ~unty of On ~is ~ay of . m ~e ~ar 39. ~f~e me ~n8l~ ~me (are) ~c~ m a~d who exec~ ~he for~omO ins~umeflk and acknowJ~g~ to me ~te m County On ~is day of in the year 19 ~efore me Per~flally came to :~scri~ in afl~ who execu~e= me ~ore~o,~G tnstrume~[ an~ ac,~cwi~ges to me mat ~e exKut~ me same. as afl~ lc, me act and :~ of ~e ~id co-pa~ner~hsp. (Signature Ind I~e of official taking acknowle~lgmenl) CORPORATE VERIFICATZON ~ C=un~ of ;n mis cay c* ~n ~e/ear 19 .... ~fo~e ~e ~erso-aJly came so a~x~ by ~e order of me ~ard of D~r~tors of sa~e corp~a~c~, and ~at he ~gn~ ~s name merem b7 hke or~er (~nature and Ittle of ofllc~M taking/ckno~g~() SUR~ COMPANY ACKNOWLEDGMENT S~te ~ New York ~un~ of Sull ivan On this 6th day of Augus[ ~ in the year 19~ before me ~r~l~ ~me Christine ~hill ex~ l~e forgoing instrument and to me known to ~ ~e individual descn~ in and who tO ~ the A~orn~-in-Fact of FRONTIER INSURANCE COMPANY. which · e co.ration descnb~ ,n ~e for~ng instrumen% a~ whic~ ~ ~ ~id A~om~-in. Facl ex~ut~ the A~-In. Fa~ duly acknowl~g~ to me ~at he knows ~e ~ of ~ ~ra~o~ ~at ~e ~al affi=~ to ~ ,n~m~t m such ~te ~a~ ~at ~ was ~ affix~ ~ ~d~ of ~e ~ard of ~r~t~s ot ~id Corporation; and ~at he ex~ut~ · e a~ a~ d~ of ~id FRO~ER INSU~NCE COMPA~ ~n de~ and for ~e us~ and pur~ vi~e of a c~in ~w~ of aaom~ ex~ ~ ~id FRO~ER INSU~NCE COMPA~ dat~ eft----n ...... ~~ . which ~id ~w~ has n~er .... ~x "- =u.=~l ~ g~rlnlor UN~ ~7, Chapter ~2 olde ~ws NAN~V ~ERRO / ' SEP Z 1998 ~u ~ p2~ SullWan Counw Oe~'s ~23~ ~ / // ~ ~mm~ssion Expir~ Ju~ 8,~ ~ I:'.C% Tc-L \'C E C O. l i?. ~.?. ; Fin=ncial Statement 3s of December 31, 1D97 ! certt~ that the below ~ted o~ce~ were d~v e!ec~ed by the Boa~ ~fDIree:o~ of F~fler ~u~ce Comply ~ ~o~=~ze :~ ?~ ~ :he ~ce set opposite r~eir name. ' ' OFFICERS ~os~ p. ~oc'o~ ....... ~ ~s~ ~. ~oc'o~ . /ONATH~.WM F~: ;~r ........................................ . .. . JOEl. P G:~ B .... O ................................... ~ ~ ~c~: GE~D ~-~C~ ................. *~%~' ~ D ~*: ~; ~'~'~": ........................................ ~;~ ~: ~ = ~" .~:, ~ .............................. *,* ~ ....... ' '* , ...... ' ...... 5*:~ ............. . -.. z.~ .............. .. :: ~ ::?~... ., _ ..... . . ,. .~: ?- ,. ~e~ ............... c~~ ..................................... ~.:t~.::~ ~u:~=~:,.~,=~ ........ :Z::;2::: ........................ ~ ~:g r,~ ~.~,~ .~,~: ..............[[.j.] ....................... ~o~.r~=~ c~,~ ......................................... · ..................... ~:.~.o~ .'h ~d =~cn-~ ~.~=~ ...................................................... 30.~2%~ ~'~.e~.~ :re~:~: ...... ~] ......................................... ~.~1.~ ' ~:u~ ~d :~e=~' ~::=~c~ .......................................... ~;'~:~ ~n~ ~ ~v C~v cr.:~ .............. I~.Ola,~O: 2 ~rJu~::~ ;r~::~ ...................... .n ::u~e e~ai~io~ ................................................................. : :.T~I,~ ~eun~ ~=~e~d cr rr~d by C~m;~/~ .............. I~:.J& I,~61 ::~-~n:c ~:~ ;r:c=s~= ~ ~:=~;m~= ........................................... 6'~'~;~ C :ncnb.: ::~.~:crj ......................................... I,~.~4 I A;~::~ ~s~.~r3 ~cr ~ :~9~ ~ ;.~7,~g$ Al~e~:~ W~e.~-~ f~r ~;~:;i~l ....................... ' .......... 4~1.~ ~9.0~ I ~'. ~ ~ ........... . ::r~ ~{~ ,., .... .......................................................... : ~y:..;: TOT~ ~:L:~:ES ............. ..... ~r=:, ....................... ~'~ ~,?~ ~r~:~ ...... ' ............................................. ~ ~'~ ~'~ ~ ' ' ' ' T'=.~:: f;:~ ,.=~..= ...................... ............... , , . . , ................................ :-~ ~9 :- ...... '* .~-~ c~ ~.O~ ~S~'C: C~' ~ ~'-' 'o ~e ..... '~ ~. ~- ,~- ~ '-'~ '~: '" ,~ur~/e~u.:~v=~ =.v ::~.--.~ .., ~e~ .~e I'.~' ! SEP 2 2 998 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. I TO WORK ORDER ABB-FT98..3 FOR PROFESSIONAL ENGINEERING SERVICES WITH AGNOLI, BARBER & BRUNDAGF_. INC. FOR IMPERIAL WEST/LANDMARK ESTATES DRAINAGE PROJECT. O.~ Obtain Bos~d approval of Ch~ge Order No. I for the existing Work Order No. ABB-FTgg.3 with Agnoli, Barber & Brundage, Inc. for professional engineering services related to the on-site construction inspection service~ for Imperial West/Landmark F_~tates Drainage Project. CONSIDERATIONS: On December 16, 1997 [agenda item 16(BXl)]the Board approved Work Order ABB..Fl'g8-3 with Agnoli, Barber & Brundage, Inc., for the Imperial West/Lanmark Estates Project, a drainage ditch enclosure project. This Work Order was approved for $31,49g. Ch~ge Order No. I is being requested for the amount of $ 7,006.24. This clmage is needed in order to complete the additional on-site construction and professional services required due to unamJCilmed time necessary to prolx-rly inspect the con~'actors work. FISCAL IMPACT: Funding for this Change Order No. 1, in the amount of $7,006.24 is available in: Fund No. 325 Water Management CIP Cost Center No, 172972 Coeohatchee Canal Improvement Project No, 31203 Imperial West/Landmark Estates Drainage Proj, GROWTH MANAGEMENT IMPACT: This is a ditch enclosure project and will improve drainage for Imperial We.q/Landmark F-.~tates RECOMMENDATION: Thai the Board of County Commissioners approve Change Order No. 1 to Work Order ABB-FT98-3. SUBMFITED By:. ,~~ .~~~ Date: Joh6~. Boldt,'P.E., P.S.M. Stormwater Man~ement Direcior Ed II~2mer - _ Date:..'~-/~ Public Works Administrator SEP 2 2 1998 CHANGE ORDER TO: Atlnoli, Barber & Brnndsg~, Inc. -"-=------=--- 7400 Tamiami Trail North FROM: Collier County Oovernment Naples, FI 34108 Stormwater Managemen~ DepC 3301 East Tamiami Trail Naples, Florida 34112 Project Name: Imperial West/L~dma~ Estates Drainage Project Work Order Dated: I 1-25-97 Bid No.: ABB-FT-g8-3 Change OrderNo.: 1 Date: 9-0g-9g Change Order Description: To continue to provide the on-site construction inspection services and professional engineering services for the Imperial West/Landmark Estates Project. ~ent amount ............................................................... $ 31,498.~------~ Sum of~ous change orders amount ............................................ $ 0 This Change Order Amount [add] .................................................... $ l~evifed,4greement,4mount ............................................................... $ 38,504.24 Original contract time in calendar days ............................................ 150 days Adjusted number of calendar days due to previous change orders ......... This change order adjusted time is .......................................................... Revised Con~act Time in calendar da~s ................................................. Original Notice to Proceed date ......... 12-16-97 Comp . o on ========================= ......... Revi~ed completion date .............................................................. Your acceplnnce of this change order slutll constitute a modification to out Agreement and will be perf'otmed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were r~ated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor m'ising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared bY: ~Date:~ Accepted by: Approved by: AgnoIi, Barber & ~e, Inc. Ed Hschner, Admin/stmtor .Date: Public Works Division (ForU~byOw~.Fuad:32~Co~ 172972 Obj~:~C. od~. 6:~!400 Proj~"tNo.: 3120 EXECUTIVE SUMMARY APPROVE BID #98-2823, PURCHASE OF LIMEROCK AND FILL MATERIALS. O.]i~,,.~t~: To obtain Board approval of Bid #98-2823 for the purchase of limerock and fill material to APAC-Florida, Southern Sand and Stone, Harmon Brothers Rock and Harper Brothers. CONSIDERATIONS: On June 5, 1998, the Purchasing Department sent notices to 41 vendors for the purchase oflimerock and fill materials. On July 15, 1998, seven (7) bids were received. It is recommended that bid offers be accepted from APAC-Florida, Southern Sand and Stone, Harmon Brothers Rock and Harper Brothers as the lowest responsive bidders. Orders will be placed with the lowest responsive bidder on an item-by-item basis subject to quantity, cost and delivery considerations. A copy of the bid tabulation sheet is attached. Harper Brothers was Iow bid on crushed limerock. Due to the additional travel time to Fort Myers to purchase the needed materials, staff recommends that this bid offer not be accepted. It is recommended that the renewal offer from the current vendor, Florida Rock, be accepted for crushed rock. A copy of the renewal letter is attached. FISCAL IMPACT: Funds in the total amount of $184,000.00 are budgeted in FY 1998-99 in the following accounts: MSTD Road District 2 Fund 103-163642-653110 $39,000.00 MSTD Road District 3 Fund 104-163643-653110 $95,000.00 MSTD Road District 5 Fund 106-163645-653110 $50,000.00 .GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board award Bid #98-2823 as sho~vn herein for the purchase of limeroek and fill materials. PREPARED BY: Larry Henry, Road & Bridge Superintendent "." ?';1" - DATE: 9/10/98 ,?t REVIEWED BY: . '7) ~: 1, l' · DATE: Stephen Y. Camell, Purchasing Director REVIEWED BY: Edward J. Kant, PE, Transportation Services Dir&tdr' DATE: 9/10/98 Ed Ilschner, Public Works Administrator SEP 2 2 1sss ! COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 3301 TAMIAMI TRAIL EAST Purchasing Department NAPLES, FL 34112 (941) 774-8425 A CERTIFIED BLUE CHIP COMMUNITY April 13, 1998 Florida Rock Industries, Inc. 11840 Alico Road Fort Myers, Florida 33913 Attention: Mr. Craig Evans, Sales Director-South Florida RJE:t Contract ~97-2704 - "Purchase of Limerock and Fill Material" Dear Mr. Evans: Collier County has been under Contract with your company for the referenced service for the past year. The County would like to renew this contract for one additional year in accordance with the renewal clause in the agreement. The renewal is desired under the same terms and conditions of the present contract. If any services require change in scope or cost, the contract will not be renewed and will be placed out for bid for the coming fiscal year. If you are agreeable to renewing the referenced contract, please indicate your intentions by providing the appropriate information as requested below: [,'/" I am agreeable to renewing the present contract for the purchase of limerock and fill material under the same terms and conditions as the existing contract. - .~ I am not agreeable to renewal of this contract. If you are agreeable to renewing the contract, this letter (upon your signing and return) will suffice as the contract and will be consummated upon receipt of a County Purchase Order for this renewal period, commencing October 1, 1998 and ending September 30, 1999. "' SEP 2 2 1998 Florida Rock Industries, inc. April 13, 1998 page 2 of 2 RE: Contract ~97-2704 . "Purchase of Limerock and Fill Material" Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your response, no later than Friday, April 24, 1998. If you have any questions you may contact me at 941/774-8425. Very truly yours, Stephen Y. Carnell, CSM Purchasing Director Acceptance: Florida Rock In ustri s Inc. By: ~ (Corporate Officer) Date: L~-c,~.i-q ~ /gb cc: Larry Hen~/. Ro~l Superlflte,'~ent, Roa~ & Bridge Departmem EXECIrrlVE SUMMARy APPROVE PURCHASE OF LANDSCAPE MAINTENANCE EQUIPMENT FROM BARRY'S GRAVELY TRACTORS, INC. ~,t.(~I~: To obtain vendor approval for purchase landscape maintenance equipment. CONSIDERATIOI~'~: On September 1, 1998, tho Board approved Agenda Item 16(BX2) transferring funds for tho purchase of much needed equipment for the maintenance of road fights-of- way in the unincorporated Collier County. The State Contract list was reviewed by staff, and Barry's Gravely Tractors, Inc. was selected ~s vendor. FISCAL IMPACT: The Board has already approved the transfer of funds for the purchase of the needed equipment ~s noted above from Road and Bridge Fund 101-163628-764990. The cost for the eight (8) tiding mowers is $15,000 each for a total of $120,000. ~: None RECOMMRNDATION: That the Board approve State Contract vendor, Barry's Gravely Tractors, Inc., for purchase of maintenance equipment. PREPARED BY: Marquita King, Clerical Supervisor ~ DATE: 9/8/98 REVIEWED BY: Ed~ DATE: 9/8/98 REVIEWED BY: ~,,-ap,.,r~auon ~ervices Director ' Ed ]]schner, Public Works Administrator DATE:~ ~ SEP221998 l~.- I -I EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF S36,000 FOR THE GOODLAND WATER ASSESSMENT BONDS, SERIES 1982 -~ That the Board of County Commissioners, Ex-Officio the Ooverni~ Board of the Goodland Water District, approve a budget amendment in the amount of $36,000 to fund the redemption of bonds as required by the bond covenants outlined in Resolution GW 81-4, adopted on April 28, 1981. This debt service payment was made on October 1, 1997. CONSIDERATIONLIn 1982, the Board approved the sale of bonds in the amount of $468,$00 to fund the Goodland Water District Assessment project. This bond issue is secured primarily by special assessments levied against the benefited property owners in the district. Provisions of the Resolution, adopted April 28, 1981, state that the bonds maturing September 1, 1992 and thereafter shall, at the option of the Issuer, be redeemable in whole or in part, in inverse numerical and maturity order. .FISCAL IMPAC'~T: A budget amendment transferring funds from Goodiand Water District Fund (441) reserves will be required. From T._~o Fund: Goodland Water District (44 I) Goodland Water District (441) Cost Center: Reserves (919010) Debt Service (939030) Object Code: Principal - Bonds (871100) GROWTH MANAGEMENT IMPACT: None. ,RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Goodland Water District, approve the budget amendment in the amount of $36,000 for the Goodland Water District Special Assessment Bonds, Series 1982. BY: Ed Ilschner, I ..... ~ ~ubli¢ Works Administrator SiP 2 2 1998 EX~~ S~Y A.M~ND CHAPTER 89..449 TO AUTHORIZE AcTrvITIES AS IT RELATES TO COUNTY PARKS. Objective: To approve a proposed Bill to amend Chapter 89-449, Laws of Florida, a Special Act that relates to activities at all Collier County Parks and specifie~, areas adjacent thereto. Consideration: Chapter 8~-4~9, 'as n~w 'am~aei:r, abs0111/ely pwhibits many activities by refute that should be addressed at thc County Commission level. The current su'ucture prevents the community from offering their input into thc policies of their parks. Staff proposes that the statute be amended to permit "home role" where the Board will assume the authority to create resolutions in matters of county parks, and then dcsiiriate atnhority to the Parks and Recreation Director accordingly. The Board previously approved the concepuml idea of the bill on July 26,1998 while authorizing the County AUomey to draft said bill. The County Attorney has prepared the bill in the format required by the local Legislative Delegation. All bill amendments must be presented to the local Legislation by December 1998 for review. The proposed amendments are depicted in the proposed Draft by strike-throughs and underlines. Fiscal impact: None Growth 5Ianagement: None Recommeadatioa: That the Board approve the proposed Bill to be presented to the local Legislative Delegation for submission to thc Florida Legislature to amend Chapter 89-449, Laws of Florida, a Special ^ct related to Collier County Parks and specified areas immediately adjacent to suchCounty Parks. ~ohn Dun~uck, Operatio-ns Coordinator Department of Parks and Recrear/on Approved bY:Maria ~amscy, i)irector / ' Date: Depamnent of Parks and Recreation Reviewed and Approved by:'_'~ ,,v, ,.-7]. ~ Date: Thor, Oh/r, ,iit/ ii,tor Division ofPubllc Serv/¢es .. . . $ff'2' : CHAPTER 99- 3 House Bill No. $ An act applying to Collier Count),, Ficrlc~: 6 subsection (2) of Section 3, Chapter %9-4,;~, Law~ cf ? Florida, authorizing the Director of the 8 Parks and Recreation Department to grant 0 exceptions to =he prohibitions listed in 1O (a)through (n), which may include consur~t~r. ~! alcoholic beverages for wedding re~e=-~r.~. 12 special events. Such authority deieg~.~.; . .:.. 13 Director must be exercised In strict adn~:~r.~.~ '' ~ark :4 policy rules approved by Resolution cf th~ 5:ar~ cf 15 County Commissioners; providing effecti-.'e 17 Be It Enacted by the Legislature of the State :'.' Section 1. Legislative intent. - it is tk~ .:..-:.- :f the 2,' Legislature to authorize the Board of Count'.,. 7~r-i.~:-.:.er8 cf 2~ Collier County to designate employees cf tt.e -.--:' ~-:unty 22 Department of Parks and Recreation as count:...-.~-r.: "--r. fsrcement 23 officers. It is declared as a matter of ie.=:sl.~t:...~ ;.-.:em% that 24 county park enforcement officers be e.-.,powere~ t..:: ;~.. citations 25 to enforce any county ordlnance duly enacted .~... -~..-. ~.~r~ of 26 county ccm.missioners to regulate acts wlthln t~..7 ~f,';n:~.' Farks, and 2' inciudin$, but not limited to, ordinances wr.i-. :'-~:iate the use 2~ of county parks, public beaches, beach access at-ets ~u.'aoent 29 county parks, county operated parking facil:t:.::o a:;~- pu~i:c areas 3C directly adjacent to county parks, to protect .*e': '-':riles and ~; prohibit the opera%ion cf motor vehicles :.-., :- : a:rcsr t.-.e 32 beaches of Collier County in order to promote, 33 enhance the health, safety, and welfare of the -'.'.items of Collier 34 County. Words underlined are added; words '.- .'... ar : Section 2. Jurisdictzon. - Any' persun oe:~i.:~.-..' : .....:.~ [~ar~ cf 2 county co~missioners as a county park enfcr~erc ~' 3~:icer '~ark 3 ranger) is hereby authorized to issue citat:~n~ 4 boundaries of any Collier County park, publ:z ~e?hes, beach $ access areas adjacent to county parks, county ar:rate~ ~arklng 6 facilities, and public areas directly adJac-n .......... ~arks for ? violations of any Collier County ordinances, cu..:. ~naT~ed by the ...... ~ board of county commissioners to regulate acts ~.'~t~.:n t~ese areas 9 including, bu~ not limited to, those ordinances ...'Lion regulate the ~0 use of the parks and prohibit certain acts therein, ~,rovide for ~1 the nesting and protection of sea turtles anZ operation of motor vehicles in, on, or ~- a..c.= 13 Collier County within county parks, when suzn ~4 witnessed by said officer. 15 16 Section 3. Section 3 of chapter 89-449, la...'.~ : El~rlda, is it amended to read: Section 3. Powers and duties. - 21 (1) The Board of County Commissioners of Cc/l..>~ 3~unty is hereby authorized to designate employees cf the T~'i~er County 23 Department of Parks and Recreation as county F~r.: enforcement officers (park rangers). It shall be the resFcn~/tl'/ty of said board to determine by resolution the training an~ qualifications of any employee so designated. Such desigr, ati3r. requirements shall be by resolution adopted at 28 special meeting of the board. 29 30 (2) It shall be the duty of any person desl~r.a~:f:: as a county park enforcement officer (park ranger} to ~ ~ .s.'~. ~-%ati~ns for any 32 offenses which occur within a county park kc .... =..., ~ublic 33 beaches, county operated par~ing facilities, anz ?'ukilc areas 34 immediately adjacent to county parks, and which are el%her 35 prohibited by ordinance enacted by the Board cf / / Words underlined are added; words ::ru:k thr:u~h-are ~leted.., 1 Commissioners of Collier County or are spa=if:tally ~rohibited by 2 this section. Except at such times and in such tanner as =hen not 3 prohibited b_~ law and to the extent ex ress!v au:her=zed in 4 advance and in writin b~ermit issued b_,y ~he 2~recto: of the $ D_~artment in strict adherence with olic rule.~ ~.f '.he Department 6 a roved b Resolution of the Board of Count" £:rr~:ssicners, ~t ? =hall be such an offense to: 8 (a) Willfully mark, deface, disfigure, in~ure, ~arper with, or 9 displace or remove any building, bridge, table, bench, 10 fireplace, railing, paving, or paving material, water line or 1! other public utility or parts appurtenant therecf, signs, notices 12 or placard whether temporary or permanent, mcn'.:~n~s, s~akes, 13 posts, or other boundary markers or other stru~u~e~ sr equipment, ~4 facilities~ or ~ee4~ any ot~ property ~r ~n). appurtenances 15 whatsoever, either real or personal. 17 (b) Cut, break, mutilate, injure, disturb, se'.'%r from the ground 18 or remove any growing thing, including, but nc% '~r. lted to, any :9 plant, flower, flower bed, shrub, tree, growth :r ~n':' branch, Z0 item, fruit or leaf thereof; or bring into or ha'.'c ~n his 21 possession in any county park any tool or instrur~nt which could ~2 be used for the cutting thereof, or any garden er aqrfcultural 23 implements or tools which could be used for the r~r~'.'al thereof; 24 or pile or maintain any material or debris cf ar.':' klnd against or 25 upon the same or attach any rope, cable or other ucntri';ance 26 thereto; or set fire to any trees, shrubs, Uian%', f'=wers, grass, 2~ plant growth or living timber, or suffer any f.r< ~7ur. land to 28 extend into park lands; or go upon any prohl=lteu 'awn, grass plot 29 or planted area , c::cc-t at .... ~ time: ~n~ ~ ~..:ch m:nn~r -- -~ 31 32 (C) Throw, discharge, or otherwise place or cause =o be placed 33 in the waters of any fountain, pond, lake, strear~, bay, or other 34 body of water in or adjacent to any county park cz any tributary, 35 stream, storm sewer, or drain flowing into such w{ters, any 1 substance, matter or thing, liquid or solid, wt.~: '.ii ~: may 2 result in the pollution of said waters. 4 (d) Carry, possess, or drink any alcoholic t-.'.'e:~e ~iyu~= in $ any park or in any park building or other .~t:":-:.:re extel: as $ authorized for wedding receptions and other sue~=al events. 7 o (e) Enter or exit any park facility except at 9 entrance ways or exits, or at established ~0 11 (f) Attach any posters~ee-~ 12 to trees or any other tangible prcper~y ex?.:- ~ 'lenin boards 13 and other displays designed for such ~4 15 (g) Cause or permit a dog or other domestic a~.-:-~' [6 enter any park facility except.c~ ~ animal ~-~ .... 17 substantially similar special events._.-- -~. ..... .... _ ....... = · -~ ........... C~unty 20 2I (h) Build fires except in specified areas ~. 22 parks on cooking grills provided therein, e~ceF-.. :nfires directly 23 related to special events, ma~' ~- (i) ~rive any unauthorized vehicle on a~y ~r.: .... the park except the paved park roads or parkln7 a~ea~; er park ~ vehicle in other than an establish_.' ~" ~: sesignated parking area; or park any unauthorized vehicle ~. the county park area overnight. 32 33 (J) Ride a bicycle on other than a paved veh~:~:~r road or path designated for that purpose~ leave a =~c:'?ie ~n a place 35 other than bicycle rack when such is provided, ~: leave a bicycle / 2 2 sss Rg~~ t t lying on =he ground or paving or any place ~: 2 present any obstruction to pedestrian or veti~. 3 4 (k) Violate any rule for =he use of the ~ar;: w:.~u~ ~as 5 been pos=ed on any park sign in a particular ~:,: 6 approval by =he board of county co~m, issioners :nci'~dlng rules and ~ regulations pos=ed on the grounds or buildin~s :n sa:C parks. I0 glass bottle or glass container out of docrs ~' :.:.7-'c',nty park. 11 19 (~)(m) Operate or cause to be operated a r.~':, ~0 motor, or engine driven wheel, track cr cthe: '.'-n~%'le cr implement 2[ on, over or across any part of the sand dune, 22 nearest the Gulf of Mexico, or the vegetat=cr, tr'.,~n? thereon or 23 seaward thereof, or to operate or dr:ue suir..-: ". .rle tn the area 24 seaward thereof, commonly referred tc a~ tke 26 (nj in~ure~ kill, molest~ interfere cr t;c::: '..:.t~., destrcy, 28 physical harm to any living turtle, torte:se, ~.~:e~.~ra, bird of 29 prey, sand do!lar~ shellfish, sea star, cra ..... ............. -: .......... any such 30 living thing except to the extent expressi*.- a:::'.::';lej n'; uermit 31 issued by the State of Florida or an auenc'.. 32 33 Section 4. Enforcement. - A citation issue= 34 park enforcement officer (park ranger) under tr.e ~r:ulslons of ~5 this act shall be in a form prescribed by the ords und. rlined ,r..dd.d, -ord, . .. Z B98 convnissioners. Such citations shall state ~he .':~ a~.5 rime of issuance, name and address of the person in '.';::'.::tn, the date of the violation, description of the violation, the C~iiier County Ordinance and section violated, name cf :h~ :l~Ing county park enforcement officer (park ranger), and a J.~,e and tine at which the violator shall appear in county ccur~. The violator may elect & nonmandatory court appearance and pay ~te fine as prescribed by county ordinance. Section 5. This act shall take effect upon heconlng a law. Words underlined are added; words ..... ~:e :ele'.ed. EXECUTIVE SUMMARY ACCEPTANCE OF LIBRARY LONG RANGE PLAN , IN ORDER TO QUALIFY FOR FY1999 LIBRARY OPERATING GRANT (STATE AID TO LIBRARIES), ADMINISTERED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, AND PERMISSION FOR CHAIRMAN TO SIGN APPLICATION. OBJECTIVE: Approval of the Library Long-Range plan, a required component in order to receive financial aid from the State Library of Florida for which the Collier County Public Library qualifies under Chapter 257 of the Florida Statutes, and permission for the Chairman to sign the application for State Aid. CONSIDERATIONS: The Board has approved submission of the Application for State Aid and associated contracts and documents for over two decades. State Aid to be recognized in FY 1999 is anticipated in the County's FY 1999 budget as General Fund revenue. State Aid is available to Florida public library systems which qualify as a result of meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter lB-2 Florida Administrative Code. The grant amount is calculated by means of a formula which considers: (1) the amount of local funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the number of library systems in Florida which qualify in a given year and (3) the total amount made available by the State Legislature for such grants for the year. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local effort towards that end. oThe Long Range Plan is prepared by the Library Staff in consultation with the Library Advisory ard, and includes various components required by the State Library. FISCAL IMPACT: State Aid was included as anticipated revenue ($300,000) in the FY 1999 Collier County Budget (001-156110-334710). Actual amount likely to be received may be slightly more. A budget amendment will be prepared to authorize the expenditure of the difference once a final figure is available. Funds that result from this particular application will not arrive until FY 1998-99. GROWTH MANAGEMENT IMPACT: State Aid may not be used to fund capital construction. It may be used for operating purposes and equipment. RECOMMENDATION: Staff recommends the Board accept the Library Long-Range Plan, authorize the Chair to sign it and the application for State Aid, and approve their submission to Florida Department of State, Division of Library and Information Services. ](/larilyn M~.~hes, Assistant Director ~PPROVED BY: /" x-\~.--,~t- ~ _ DATE: REVIEWED AND ~ __ ....,_ APPROVED BY: DATE: Thomas ~V. Olliff, P~ervices Administrator Project Number 99-ST-06 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY1998-99 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library The Coliier County Board of County Commiseionem, governing body for the Collier County Public Library, hereby applies to the Division of Library and Information .Services, Florida Department of State, for State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 1998 and ending September 30, 1999. Certification of Local Operating Expenditures We certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 1996, and ending September 30, 1997 (second previous fiscal year) for the operation and maintenance Of a library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program We further certify that the amount listed below does not include arly of the followinq: . · Funds received from the federal government · Funds received from the state government · Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under -Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Total local funds expended centrally by the flbrary for the operation and maintenance of a library between October '1, '1996 and September 30, 1997. (The second previous year) $ 3,180,260 Form #DLIStSAO2 P~ Grant Agreement The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants authorizedI~ under Chapter 257, Florida Statutes and guidelines for the State Aid to Ubraries Grant program. I.. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Ubrary and Information Services (DIVISION) with statistical, narrative, financial and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national origin, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Submit an audit or attestation statement pursuant to Section 11.45 and 216.349, Florida Statutes. e. Identify an individual or position with the authority to make minor modifications to the application, if necessary, pdor to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement terminated and the DIVISION has no further liability to the Grantee beyond that already incurre_i~i by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Ubraries Grant program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws end rules of the State of Flodda. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power or remedy accruing to either party upon Form #DLIS/SA02 Effective 4/1/98 SEP 2 2 or dora..: .-.,/ either party under this Agreement shall impair any such right, power or remedy of either [:.~.-:)', nor shall such delay or omission be construed as a waiver of any such breach or default cr any similar breach or defa[llt. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access tc all documents or other materials subject to the provisions of Chapter 119, Flodda Statutes. f. Unless a;.tnorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee. ~[s agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION, In addition, the Grantee hereby agrees to be responsi:;e for any injury or property damage resulting from any activities conducted by the Grantee h. The Gr;;,",'.ee, other than a Grantee which is the State or agency or subdivision of the State, agrees ~-. indemnify and hold the DIVISION harmless from and against any and all claims or demands '~ damages of any nature, including btit not limited to personal injury, death or damage to prope~y, adsing out of any activities performed under this agreement and shall investigate all clain~s -.--'. !:.~ own expense. i. Neither ::',e State nor any agency or subdivision of the State waives any defense of sovereign immunity or increases the limits of its liability, upon entering into a contractual relationship. j. The Gr~.",:ee, its officers, agents, and employees, in performance of this agreement, shall act in the cap3c:.~.v of an independent contractor and not as an officer, employee or agent of the DIVISIO'; Under this agreement, Grantee is not entitled to accrue any benefits of state employme'~:, including retirement benefits and any other dghts or privileges connected with employm?,t in the State Career Service. Grantee agrees to take such steps as may be necesss-.. '.o ensure that each subcontractor of the Grantee will be deemed to be an independent contrac:~- and will not be considered or permitted to be an agent, servant, joint venturer, or partner c' :ne DIVISION. k. The Gra.~tee shall not assign, sublicense, nor otherwise transfer its dghts, duties or obligations under this agreement without the pdor written consent of the DIVISION, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the dghts, duties or obligations of the Departing_-,: to another governmental entity pursuant to section 20.60, Flodda Statutes, or other'wis-- the dghts, duties and obligations under this agreement shall also be transferred to the success.~ r; ~vemment entity as if it were an odginal party to the agreement. I. This agrsement shall bind the successors, assigns and legal representatives of the Grantee and of any le;al entity that succeeds to the obligation of the DMSION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations un0er the agreement in a timely and satisfactory manner unless the Grantee demons:rates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee s,~all be determined by the DIVISION, based on the terms and conditions imposed on the Grantee ~n paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant prcgram. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good ca.se as to why it cannot cure the default within the prescribed time pedod. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice Form #DLIS/SA02 page 3 of 5 Effective 4/1/98 $£P 2 2 1998 shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event cf termination of this agreement, the Grantee will be compensated for any wor satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Teflahassee, Florida 32399-0250, for the State end, for the Grantee, to its single library administrative unit. In the event of a change of address, it Is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of the notification of grant award. Chairperson. Li=ra,-y Governing Body Sandra B. Mortham Secretary of State Typed N~me Date Date Clerk of the Cir:.ui~ Court Witness (or Chief Financia! Officer of County if responsibility i~ assigned to another position) Date Typed Name and Ti'ia of Official Date ~ pl~rovod u to form & Los~i ,utrJob~:~ Form ~DLIS/SAC2 p~ge 4 of 5 Effective 4/1/9~ SEP 2 [ Collier County Public Library September 1998 $£P 2 2 1998 Table of Contents · I. Mission Statement 2 II. Goals & Standards 2 III. Library Service Roles 4 A. Formal Education Support Center 4 ' '~' ' B. Independent Learning Center 5 C. Popular Materials Library 6 D. Preschooler's Door to Learning 6 E. Reference Library 7 IV. Library Resources 9 V. Present Service Levels 9 VI. Long Range Plan 12 A. Materials 12 B. Staff 13 C. Facilities 14 . VII: Appendix I - Regional Libraries 22 VIII. Technology 29 A. Action Plans 40 SEP 2 2 ~Jgll INTRODUCTION The Collier County Public Library is required by the State Library of Florida and Collier County Board of County Commissioners, to develop and update yearly a planning document that clearly delineates the library's role in their community. Further, this document is to include the long range plans for both services and facilities. The following document has been developed to meet this criteria. SEP 2 2 I. MISSION STATEMENT The Collier County Public Library will systematically collect, organize and disseminate in a timely and cost effective manner, a select collection of print and non-print materials and services for the informational, educational, recreational and cultural needs of the residents of Collier County. II. GOAL, OBJECTIVES AND STANDARDS A. Goal It is the goal of the Collier County Public Library to provide a modem Public Library system that sen'es the informational, educational, and recreational reading and multi- media needs of residents of all ages. interests, and circumstances. B. Objective 1: Services To provide an array of services to the citizens of Collier County that are consistent with the goals, objectives and policies of the Library Advisory Board. the Collier County Board of Commissioners. and all relevant elements of the Collier County Growth Management Plan. · Standard la The Library under the approval of The Library Advisory Board shall fulfill the following roles services and activities: · Community Information Center · Preschoolers Door to Learning · General Reference Library · Popular Material Library · Formal Education Support Center · Independent Learning Center · Research Center · Access to Modem Multi-media · Sponsor of Educational, Information. and Cultural Program & Activities · Standard lb The Library shall periodically evaluate through surveys, output measurements and patron interviews the services provided and determine if the balance of the various roles of the library are appropriate to the needs of the community. C. Objective 2: Les, ets of Service.Materials The Collier County Public Library shall adopt levels of service standards in order to provide the residents of the county with a collection of Librar3, materials that will aid in the provision of their educational, informational needs. * Standard 2a The Library book collection shall equal the standard set forth in the Growth Management Plan. · Standard 2b The periodical collection shall equal I subscription per 450 residents, with sufficient unique titles to meet the general and special interest of the community. · Standard 2c The Library shall provide current high demand audio visual materials equal to a minimum of 50¢ per capita to meet the needs and desires of the community. · Standard 2d The Collier County Public Library shall participate in regional, statewide and national consortia or networks to enhance access to information and achieve economics by sharing resources. D. Objective 3: Levels of Service-Staff The Collier County Public Library shall adopt Levels of Service Standards to provide a Library staff that is sufficient in number and in range of expeni~ to provide access to the Library collection and to other information re~urces throughout the region, the state and the nation. This policy must be approved by the County Manager and Board of County Commissioners. Said policy shall be submitted in 1997. · Standard 3a The Library shall maintain the professional Librarian staff at one per 10,000 residents. · Standard 3b The Library shall maintain the support staff at 2.5 per professional in 1996, 2.75 in ! 998 and 3.00 per by the year 2000. ,5, ! E. ObJective 4: Level of Sera'ice-Facilities · Standard 4a As per the Growth Management Plan the county shall provide minimally .33 square feet of Library facility space per capita. · Standard 4b Thc Library ^dvisory Board shall develop and maintain a long range building plan. III. LIBRARY SERVICE ROLES The Library has identified six major service roles which it plays in the community. Each role description is a ,~horthand method of describing what the Library is endeavoring to accomplish, who should be served, what benefits will be derived for the community and what resources are required to fulfill that role. A. FORMAL EDUCATION SUPPORT CENTER The Library assists students of all ages in meeting educational objectives established during their formal courses of study. This includes students in elementary and secondary schools, community colleges, universities, or technical schools, as well as those in training programs, adult basic education, and continuing education courses. While the Public Library does not accept primary responsibility for satisfying the informational needs of students in a formal education program, it is an indispensable adjunct to the libraries found in the educational institutions. However. the Public Library does accept primary responsibility for the independent learner, the vocational training programs and other citizens involved in non-structured learning experiences I. Benefits to the Community Citizens find material to supplement what is available in school or academic libraries. The Public Library is an alternative site when school or academic libraries are inconvenient or unavailable. In addition, the shared use of materials needed occasionally can save individuals thousands of dollars annually. 2. Resources Needed to Fulfill Role Support of a Formal Education Center requires the collection of Library materials to contain resources in all formats and educational levels through the undergraduate period. Resources include reference materials, periodicals, abstracts and indexing services, on-line databases, and access to interlibrary loan. The staff must be trained and possess a working knowledge of sources of appropriate information to meet the needs of these Library users. Measurements to Evaluate Rote Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User sur~'eys · Reference completion rate · Inter-library loan activity reporls · Reference activities statistical repons * Unsolicited patron comments B. INDEPENDENT LEARNING CENTER Learning is a lifelong process, and the Library supports individuals of all ages pursuing a program of learning independent of any educational provider. The Library will supporl individuals in their quest for self-improvement, job related development. hobbies, and cultural interests. The staff must be capable of helping the~ learner~ identify an appropriate ~lection of materials, determine needed resources for the collection and actively engage in on-line research. 1. Benefits to the Community Citizens can fulfill their lifelong learning needs through an unstructured program of sell-determined and self-paced study. Independent learners seeking a higher degree of employment skills can make use of the resources to advance in the workplace, improve their standard of living, and in general participate al a higher level in the community. In its simplest form. a citizen can learn to plant a garden. to fix a clock or to select the best value in the marketplace. Through this role. the Public Library supports an educated, self-reliam and productive citizenry, thus contributing to the stability, attractiveness, and economic well being of the community. 2. Resources Needed to Fulfill Role The Library collection must have a wide range of circulating subject materials relevant to the interests of independent learners of all ages, The materials must be in a variety of formats and geared to varying levels of ability. The staff must be trained and skilled in assisting both the serious and the casual learner. The Library facilities must be easy to use. have good signage, comfortable reading areas and quite study locations. 3. Measuremenls to Evaluate Role Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Non fiction circulation per capita · Statistical reporl of non fiction multi-media · Patron interviews and comments · InterLibrary Loan subject and repons P~,~ C. POPULAR MATERIALS LIBRARY For man)' people, reading is an important recreational activit)'. The Public Library must feature a wide selection of current, high demand, high interest materials in a variety of formats for persons of all ages. The library must actively promote and encourage the use of its resources. 1, Benefits lo the Communily A wide variety of popular materials for reading, listening, and viewing are available to library, patrons. Reading is the #1 pasttime in the United States. Without the Public Library individuals would have to purchase these materials. Thus the Library returns an economic benefit to those who borrow rather than buy. In addition, the library's support for cultural and leisure activities makes the community an inviting place to live in and visit. 2. Resources Needed to Fulfill Role The library collection must include current and popular materials in a variety of formats, with sufficient duplication to meet demand. The staff must be knowledgeable about current popular subjects, anticipate publishing trends and gauge public interest. 3. Output Measurements Output measurements will be collected to gauge the applicability of the staff and collection to fulfill this role. · User surveys · Circulation per capita · Collection turnover rate · Patron comments D. PRESCHOOLERS' DOOR TO LEARNING The Library encourages young children to develop an interest in reading and learning through services for children, services for parents and children together and ser¥ices for children's care provide~. Parents and other adult caregivcrs can locate materials concerning reading readiness, parenting, child care, and child development. The Library promotes reading readiness from infancy, providing services for self- enrichment and for discovering the pleasures of reading and learning. Services include programs for infants, for parent and toddlers and training for parents through workshops, booktalks and other parenting skills development activities. The Library provides outreach to day-cares, the school system or the recreational and community centers. Thc Library specializes in reading readiness programs designed to introduce children and parents to a wide range of materials and formats. SEP 2 2 1998 I. Benefits to the Community Preschoolers have a place designed for their educational and recreational needs with trained adults to lead. guide and direct their intellectual curiosity, stimulate new interests and to instruct them in finding information. They become familiar with Library materials in a variety of formats and develop reading, listening, viewing. and thinking skills. At thc Library, parents can obtain resources and sec'ices to support their efforts to develop their children's interest, experience and knowledge. For the community, thc Library promotes early reading and the acceptance of reading as a normal and satisfying endeavor. This role promotes life long learning and contributes to the community as a center for the intellectual growth for individuals of all ages. 2. Resources Needed to Fulfill Role The collection must contain a variety of materials and formats for premhoolers and for adults working with young children. The collection will provide a variety of media to help children expand their imagination and develop motor and sensory skills. New and historically popular books will be available in multiple copies. The staff must be professionally trained, knowledgeable about early childhood development and children's literature and capable of promoting reading readiness. They must have the training and ability to guide children's choices of books and other materials. In addition, they must be skilled in planning and conducting programs. The Library facilities must be in areas easily accessible to young children. Ample, inviting space must be provided for programs and story hours. The children's space must be visual and exciting, well organized, well kept and active. 3. Output Measurement to Evaluate Role a. Circulation per capita for juvenile patrons b. Visits per capita (children's population) c. Number of children's programs presented per location d. Children's program attendance per capita e. Registration per capita f. Number of parenting activities provided E. REFERENCE LIBRARY The library actively provides timely, accurate, and useful information for community residents in their pursuit of job-related and personal interests. The Library promotes on- site and telephone reference information services to assist citizens in accessing needed information for both personal and professional lives. Information provided may range from answering practical everyday questions, and specialized business related research, to answering questions about government or providing consumer information; in addition, the library will participate in interlibrary loan and cooperative reference ~rvice to meet patron needs for information not available locally. The reference role requires the development and advancement of electronic data capabilities to allow participation in regional, statewide, and national information networks, j--Agen~_ ~.~_a,~ ~ I s£,P. 2 2 98 [ o ,,--¢-,,' I. Benefits to Community The reference collection is considered the 'heart & soul' of the library service. If practically developed, the collection provides the source data to deal with many of the informational and educational needs of a normal adult community. The scholarly benefits assist the public school student and support the educational process. A good working reference collection saves the taxpayer money and provides them with current, accurate, and easy to understand practical information. 2. Resources Needed to Fulfill Role The collection must contain a large number of practical titles, extensive serials holdings, electronic data capabilities along with an extensive array of prinled and electronic abstracting, indexing and database services. The collection will contain some scholarly and technical materials: however, they will be limited to the junior college level. The main thrust of the collection will follow the 'peoples university of practicality' concept. 3. Output Measurements to Evaluate Role a. Number of reference questions asked b Reference questions per capita c. Number of reference questions answered d. InterLibrary loan activity e. Subject studies SEP 2 21998 18 IV. LIBRARY RESOURCES--FY 98 1. MATERIALS a. Volumes-Permanent book collection 268.517' GMP Level b. Periodical subscriptions (Individual Titles) 483 c. Total number of sub~riptions 900 d. Books on tape 9.000 e. Video cassettes 18.492 f. Musical cd's 5.000 2. STAFF Professionals a. Reference Service 4 FTE'S b. Branch Librarians 6 c. Children's Librarians 4 d. Support Services 2 e. Administration 3 FTE's-Non Professionals 50 Total 69 · Branches 34.5 Total F.T.E's 69 V. PRESENT SERVICE LEVEL The standard measurement for the comparative level of service for public libraries throughout the United States is the measurement of 'per capita'. The "per capita" measurement allows a methodology for the comparison of different Libraries in different areas of the county. The richer measurement is the comparative analysis of similar Libraries within defined geographical areas. The following chart relates our present service level to similar Horida counties· ' Agen~la, I~ S EP 2 2 _ 9 Collier Count)' Public Library Compared to Florida Libraries Libra~ Populamm £xlxndlturcs B~x~, Circulation Circulation Lihrar}. I~of K¢¢ommcndcd Sy,,lcm pet ~ pe~ I~ .*iq fi. cmploye~.~ I of cmpk,.~e~,~ b.~ Count~ capila capila capila employee ~er capita h,~ Collier 2~.~1 17.10 I..~ 8. I ~ 24.(~n1 33 Pasco 310.(~ 12.61 1.27 693 ~ n .O..(N) .1) 1(~3 Sara~ta ~.~ 16.~ I .~ 7,18 20.~ .~ I I0 Manatee 2S7.~ 14.~ .~ 4,~) 17.5~ ,.~ ~ 222.~ 1~.42 1.71 6.61 I a.~ .~ Al~hua , ~ .0..~ ~. 15 4.~ 10.27 25.~X) .&~ I ~ Lee 3M.{~) 21.73 2.07 5.8~ 13.5~) -~ 167 Breva~ 4~.~ 21.63 2.07 6.~) 14,(XKJ .~ ~ I ,,V°lusia ~7.(1~ ~13 1.89 6.~) 18.3~ 31 I~ SL Lucie 175.{X~ 14.74 I.~ 4.95 13.~ 31 Osc~la l~).~) 21.61 2 03 4.10 7,2fX) 33 .~ *=,..a...~ , prof~ional and 3 ~n prof~ional ~r I0,~ citlzen~AI.A 1. Ex~nditure ~r ~pita Of the measured counties, the Collier County Public Libra~ has the lowest EPC in t~ test group. ~e system is also well ~hind the FIo~da State mean of $16.27 ~r capim and the natiooal mcan of S16.96 ~r capita. ~c lower ~r capita investment means less sen'ices ~d mate~als =e ~ing offered to the citizens of Collier County when compared to any similar libra~,. 2. B~ks ~r capi~ Collier County has the lowest ~ks ~r capita measurement for a ~pulation of it's size in the S~te of ~o~da. ~is means that the citizens have free access to a smaller portion of the cultural info~ative and educational mate~als av~lable to the t~ical libra~, user t~oughout ~o~da. 3. Circulation ~r capi~ Collier County Public Libra~ has the largest CPC of any similar system in the Smtc of ~o~da. In fact. Collier County's C~ ranks numar 2 in the State and in the up~r 3~ of the nation. Given the lower input figures, this &ta indicates a ve~ high level of reading s~lls and needs found within the Collier County gene~! ~pulation. 4. Circulation ~r employ~ ~e Collier County ~blic Libr~ has the highest CPE in the State of ~o~da ~d almost 50% higher than the national mean. By ~y professional standard used, Collier County ~blic Libra~ has almost a 40% deficit in to~ number of full time ~uiv~ent employees needed to successfully o~rate a lib~ system of this size over the long te~. Agln( S£P 2 2 5. Librnry square feet per cnpita The Collier County Public Library ranks in the bottom 10% of the State of Florida and third to last in the test group. The negative by-product of this measurement is less ser'~'ice opportunities to the citizens. 6. Number of employees The Collier County Public Library has the smallest allocations of' FTE's in the State of Florida for similar sized libraries. The by-product of this measurement is that library activities and citizen opportunities are limited to a great extent by available staff. 7. Employee number by standard The American Library Association and the Florida Library Association recommend an employee ration based on a unit of' 10,000 citizens. The standard is I professional and 3 non professionals per 10,000 citizens. At present, we fall well below this standard. Our ratio is the worst in the State of Florida for library systems serving a population of l O0.O00. Less employees means less service. B. Conclusion The Collier County Public Library has experienced tremendous growth since 1994. Circulation per year has been increased by 500,000 items and citizen usage by 60%. It is obviou,~ that our citizens are highly educated and bring with them high expectations of library service and a life long history of library usage. More assets, particularly personnel. will be needed if the Library is expected to fully meet the expectations of the citizens. Collier County population is the perfect library population and its growth and usability will only be limited by the resources invested in it by Collier County. · 1 SEP 2 2 1998 LONG RANGE PLAN A. MATERIALS I. Books The Growth Management Plan adopted by the Board of County Commissioners. calls for the development of the book collection at the rate of 1.05 books per capita. In 1994. the Board of County Commissioners instructed staff to increase the books per capita threshold by a rate of .05 yearly until the State mean is reached. The ~ · following chart visually depicts book stock requirements as it relates to population growth. 'fEAR GMP BOOKS ADJUSTED REQUIRED BOOK PER CAPITA POPULATION STOCK 1997-98 1.25 256,537 297,608 1998-99 1.30 269,133 325,473 1999-00 1.35 280~660 355,438 2000-01 1.40 288,214 382,957 2001-02 1.45 295,978 407,299 2002-03 l.$0 303,958 432,678 2003-04 1.55 312,158 459,133 The cost of th, books will be calculated based upon actual systems data and the cost projections provided through various American Library Association approved sources such as Publishers Weekly annual cost list. 2. Non book materials The Library system will continue to avail itself of new innovations and products . that relate to the mission statement of the Collier County Public Library. The following areas, at least through the year 2005, will continue to be developed as major non-book activities. 1) Periodicals 2) Newspapers 3) Videos 4) Books on Tape 5) CD-Rom applications for home computers 6) Music for listening pleasure. 7) Internet 8) Electronic data bases Agend, a ~,ttm_ SEP 2 2 B. STAFF The Growth Management Plan has no mechanism that addresses the need for new staff members to support the growing infrastructure envisioned by the Plan. In addition, the Library profession ha.,; no binding standards to serve as guidelines for staff size. Thus. staff size is a local matter ultimately depending on the budgetary conditions of the local government and the philosophy of the County Manager and/or the Board of Commissioners. The two most accepted methods for calculating staff size are both centered around means testing. These methods are: l ) Full time equivalents (F.T.E.) per 10,000 residents 2) Circulation per employee For both of these methods there are national and state norms created. In 1995, The Library Administration adopted and presented a model for circulation per employee to the County Management and the B.C.C. This model was based on state and area norms. The State mean is I employee for every 13.890 circulations. The local area mean is 1 employee for ever), 15.865. This includes Lee County's standard which is 1 employee for every 13,500 circulations. At present, because of budgetary constraints, the Collier County Library ratio is 1- 24.000 circulations. By the end of fiscal year 1999, this ratio will exceed 1-25,000 circulations. The LAB finds the ratio negative, but lacks the authority to mandate a personnel standard. Projected Staff Needs for the Collier County Public Library * Year Population*** # of # of non- Total staff Professionals professionals n~ded needed 1997-1998'* 256.537 25 75 100 1998- ! 999 269,133 26 78 104 i 999-2000 280,660 28 84 I 12 2000-2001 288.214 29 87 I 16 2001-2002 295.978 30 90 I 19 · Based on American Library Association norm of I ~rofessional for each 10,000 citizens and 3 non professional for each professional. · *It should be noted that at present the Collier County Public Library is authorized 69 FTE's or approximately 69% of standard · **Weighted population Agin t nO.~.~ 3 SEP 2 2 C. FACILITIES 1. Authority The Growth Management Plan adopted by the Board of County Commissioners calls for public Library facilities to be constructed at the rate of .33 square feet of space for each citizen. In addition, the G.M.P. provides a mechanism for the stocking of these branches by identifying books as a capital expense and creating a books per capita threshold. The G.M.P. does not provide for the daily operations of new facilities built under this program. The legally constituted Library Advisory Board is required by the Board of County Commissioners to approve and adopt a recommended Long Range Plan for the construction of said Library facilities as authorized by the G.M.P. In addition, the LAB also recommends the general areas for the locations of these facilities. II. POPULATION The population of Collier County in 1970 was calculated to be 38,040. This population had grown to 186,504 by 1995. According to a report by the Bureau of Economic and Business Research. Collier County's population grew by 77c~ during this time frame while the rest of the state grew by only 33% and the U.S. by 10'~. Collier County has an estimated population density of 92.1 persons per square mile, Between 1990 and 1995, Collier County's permanent population is estimated to have increased by 35.000 people with growth continuing at an annual rate of approximately 3c~. The pace of growth is expected to continue at this level. The Collier County Public Library serx, es three distinct segments of this population. The largest segment is comprised of the 12 month residents. This figure is officially calculated every 10 years by the census bureau and up-dated periodically by the State of Florida. This permanent segment is estimated to be 213,400 citizens. In addition to the 12 month population, a unique feature of Collier County is another segment which declares, for tax p~rposes. Collier as its home residence. These citizens are required by law to domicile within the Count)' at least 6 months plus I day each year. This population is estimated to be about 80,000 strong. These two segments create a year round Library service population of about 260,000 people. The third segment of the population is comprised of those who choose to only winter in Collier County; therefore, limit their stays from 30-120 days. This population can add as many as 60,000 additional citizens to the service base during the time frame referred to as "the season". One characteristic common to all three populations is their use of the public Library system. In recognition of this floating population figure, a weighted population scale was adopted as pan of the growth management planning, process. This .scale more accurately reflects the actual user population of Collier County's Public Library system. In addition to all County and State data, public Library records support the weighted population concept. For the time period of November through May, Library usage and circulation is 30% greater than June through October. In addition, a review of internal records large numbers of multi-residence users and a high number of non-resident users. :ts SEP 2 2 1998 the estimated actual.,, for our population. Chart #2. visually depicts the weighted population and square footage requirements. Chart #3. depict-`, our present in,.'entor3,' of square footage by.location. CHART #1 COLLIER COUNTY - Permanent Population Estimates and Projections By Planning Community (1990-2020) (April 1) Planning Communities 1990 1995 2000 2005 2010 2015 2020 North Naples 24,892 36,065 48,395 55.941 62,740 .70,263 78,16 i Central Naples 13.595 14,215 17,636 20386 22,864 25,605 28,484 East Naples 19,627 20,107 24,4 ! 8 28,225 31,656 35,451 39,437 South Naples 12,820 15,771 21,027 24,.306 27,260 30,528 33,960 Golden Gate 18,412 24,090 30,203 34,913 39,156 43,851 48,780 Marco lsland-uninc 10,975 12,335 1,047 1,210 1357 1.520 1,690 Marco lsland-incor 0 0 12,918 15,012 17,446 20,274 23,560 Urban Estates 4,719 8,247 13,188 15,244 17,097 19,147 21,300 Immokalee 15,314 17,133 21,117 24,410 27,376 30,659 34,105 Rural Estates 5,482 10,106 14,119 16,321 18,304 20,499 22,803 Corkscrew 1,229 1,331 1,778 2,056 2305 2.582 2,972 Ro,val Fakapalm 4,992 5,725 7,112 8,221 9,220 10,326 11,487 ~ress 218 229 28{} 324 363 407 452 ~ 19,505 20,605- 21,844 22,958 25,635 26,'"'"~4 ! 28,315 Everglades Cit,v 32 ! 543 561 590 622 654 689 Count,,,' Wide Total 152,099 186.504 235,645 270,116 303,400 338,706 376,095 Source: Bureau of Economic and Business Research Uni,'ersity of Florida Bulletin #111. February. 1995 Note: All projections based upon Bureau of Economic and Business Research "high" range figures, and are as of April I. CHART #2 Square Footage Requirements Via G.M.P. Year Population G.M.P. Square Footage Requirement 95-96 215320 71,055 96-97 226,426 74,721 97-98 256.537 84,657 98-99 269,133 88,814 99-00 280,660 92,618 00-01 288,214 95,111 01-02 295,978 97,673 02-03 .. 303,958 100,306 03-04 312,158 103,012 04-05 320,223 105,674 05-06 327,577 108,100 ~ Ag~nd& CHART #3 Present Inventory of Square Footage Branches In Place & Usable Additions Approved Total and Funded Collier North 7,000 0 7,000 Headquarters 35,800 0 35,800 Golden Gate Cit,v 7,000 0 7,000 East Naples 6~600 0 6,600 Marco Island 5,600 6,000 1 !,600 Everglades Cit~' 900 0 900 Estates Branch 11.200 0 I 1,200 lmmokalee 4.000 0 4,000 Count,v Totals 78,100 *6,000 84,100 III. FACILITY LOCATION While the G.M.P. addresses the square footage requirements for library, serx, ice. it does not specifically deal with the concept of location or size, nor does it support or deny stockpiling or building for future growth. Thus, future site planning for the locations of Library Service Centers i~ dependent upon proper interpretation of projected population growth by area. In Collier County. a great deal of raw data pertaining to this activity is already collected, stored and interpreted by variou.~ County offices. This data is public record and available for review by all citizens. Of particular value when reviewing this data are the buildout studies. traffic flow reports and the long range planning done by Road & Bridge. In addition, many land use patterns have already been approved and permitted. Map #1 visually depicts the present locations of our Librao' Service Centers and the 12 planning communities of Collier County. IV. PROJECTED POPULATION GROWTH Collier County has become increasingly popular as a primary home for many people. This . growth is due to many factors of which one is our County infrastructure which provides outstanding public services and a high quality of life. It is estimated that during peak seasonal months, all planning areas except Immokalee, realize a 33% population surge. While this surge is recognized, it is not one of the key factors used in identifying permanent population growth. It is also noted that sometimes population projections do not fulfill expectations. However. careful studies of existing PUDs and other land use project documents can lead to some very accurate forecasting of a general nature. In other words, you may not be able to identify a particular street, but you can pick a neighborhood. The following chart reflects the population growth within the service radius of each branch. POPULATION PROJECTIONS BY AREA Branch Library Planning ~ To~l Population Total Population Total Population ToUd (;ro~t~ S~r~ed Within 1995 2000 20~ Radluq Vanderbilt 1-2-12 62,500 95.500 109.500 47,'~-"-"'~ Estates Bra 8 I 1,000 I S,000 19,000 8,000 E~st Naples 4-5 38.500 52,000 66,000 27.50(I Golden Gate 3-8-12 46,00(1 61,500 77.500 31.500 Marco Island 6 14,0(}0 18,000 23,000 9,'~'-~'~-~ lmmokalee 10 18,0(}0 24,000 31,00(} ! 3,0(}0 *In the above chart, the line for rural estates, combines planning districts 8 and 12. This chart indicates that large population growth is expected in planning areas 1, 2. 3.4, 5 and 12. during the next 10 years. Districts 1. 2 and 12. arc homogeneous in location forming thc Northwest boundaries of the county. A study of thc building permits issued over the past several years, would indicate that district 2's growth is slowing down and may be approaching buildout. However. districts I and 12. have issued permits at a rate higher than the combined rate of all the rest of the county. The two charts shown in Appendix 1. visually depict a six year histo~' of the building permits and thc type of structure~, being constructed. These charts clearly indicate that the North is growing, followed closely by Golden Gate and thc Estates. The third area for growth includes South Naples and Marco Island. V. POPULATION CONCLUSIONS The next step is to tie the past into the future. During thc pasl 25 )'cars. thc Counly's population has grown by 150.000 people. Between 1980 and 1990. the County population grew by 773 for a I0 year average of 7.7ck per year. However. from 1990-1995. thc growth .qowed to approximately 3~ per year. It is now believed by most planners at the State and local area. that the 3% growth rate will become the norm with a full County build-out producing a population in the mid 370.000 range. A stud)' of land use maps, a review of present zoning laws and environmental requirements and limitations, makes it very clear that growth will come and. just as important, where it will bc located. Over the next 10 years, the largest population growth and construction activity Will take place in the Northern sector of planning district I and the Northwest sector of planning district 12. Planning district 6 which is Marco Island and planning district 3 which is Golden Gate will also grow rapidly. However planning district 5. which is South Naples will grow at about the same rate as districts 3 and 6. The following chart of housing unit projections, support this growth pattern. SEP 2 2 1998 COLLIER COUNTY Housing Unit Projections (1990-2020) Pla nning Communit.~. 1990 1995 2000 2005 2010 ~ Vanderbilt Bch 15,769 24,637 33.036 42,484 5,t.022 South Naples 8,698 I 1,500 15.418 19,845 24.750 Central Naples 8.279 9,56 ! ! 2,820 ! 6,486 20,574 East Naples 11,777 13,382 17,944 23,075 28,798 Marco Island 12207 14,904 19,985 25,700 32,075 Golden Gate 9,672 13,048 17,496 22,499 28,080 Urban Estates 1,977 3.436 4,608 5,926 7,395 Rural Estates !,810 3,439 4,6 ! 2 5,931 7,402 Royal Fakapalm 3,014 3,745! 5,022 6,458 8,060 Big Cypress ! 2 ! 142 190 244 304 Corkscrew 426 507 681 875 1,092 lmmokalee 4,9 ! 1 6,024 8,077 10,387 12,963 Unincorporated Totals 78,661 104,325 139,889 179~910 224,515 Incorporated Areas 1990 1995 2000 2005 2010 Cit.x of Naples 15,312 16,124 16,874 17,624 18,374 Everglades City 192 206 212 217 223 Incorporated Totals 15,504 16,330 17,086 17,841 18,597 Count)' Wide Totals 94,165 120,655 156,975 197,751 243,112 Note: Housing umt projections were generated by dividing high range population projections by person per total dwelling unit figures from the 1990 Census as determined by in-house population estimates. Figures based upon March. 1994 data. Source: Collier County Comprehensive Planning Section. March. 1995. VI. AREA LOCATIONS FOR LIBRARY SERVICE CENTERS A review of all information concerning population growth and the location of that growth clearly identifies four general areas within the Collier County borders that will most likely be effected. Those areas are: I) The Northwest portion of the County, (District I and 2). 2) The Golden Gate Estates area (District 3 and 8). 3) Marco Island (District 6). 4) South Naples (District 5). At the present time, districts 3 and 8 are serviced by two branch Libraries. Golden Gate City with 7,000 square feet and the Estates branch, with 11,200 square feet. The projected population for this area by the year 2005 is 66,478. Using the G.M.P. factor of .33 square feet. a maximum square footage of 22,000 would be needed. The existing 18.200 (if properly maintained) should be adequate through the year 2007 or 2008. At present, district 6 is serviced by the Marco Island Branch Library. The present building contains 11,600 sq. feet. Marco Island will be serviced by 11,600 square feet of Library space. The projected population for this area is 30,000. Using the G.M.P. factor of .33, indicates a modest 5EP221998 I surplus at the year 2005. If properly maintained, the new Marco facility will be capable of providing Library service through the year 2020. These calculations leave us with two remaining areas as possible locations for Library service centers. They are planning district 1 and 12 and planning districts 5 and 7. A further review of the data supports the conclusion that the largest growth will come first in the northern sectors. Thus, library construction should follow that pattern. The growth in the south, would be addressed as second in priority and scheduled to follow a northern project. An extension of this discussion is that the L.A.B. recognizes the short comings of the East Naples Branch Library and the shifting population of the planning districts 4 and 5. A decision concerning the future of the East Naples Branch Library, would be made during the planning stages of a new southern location. VII. FACILITY SIZE At present, Collier County documents call for the construction of 6,000 sq. fi. branches with 3,000 sq. ft. additions. This philosophy is outdated nationwide and has been removed from the comprehensive plans of most Florida Library Systems. The primary reason for the philosophical change has been two fold: 1. Growing population 2. Inability of Counties to staff multi-neighborhood branch networks. Through this document, the Library Advisor)' Board recommends the adoption of the Regional concept to govern new construction for the next 10 years. The adoption of this philosophy will allow Library facilities to be co~;tructed that meet the goals of the Growth Management Plan. while at the same time have better control of the operating cost. (See Appendix II "The regional Concept" for justification). The following time line visually depicts the Long Range Building Plan. I 'r~m '~4mm ~'qm I 'tatum ?B~I 1 '~mm ) Ynm 1 'fromm J- · APPENDIX I SEP 2 2 1098 THE ROLE OF REGIONAL LIBRARIES IN A DEVELOPING SYSTEM In 1924. the Chicago Public Library initiated the regional concept in the United States to ser- vice the increasing numbers of Library patrons who began to settle in outlying areas of the city. While nol otherwise in wide use the Regional philosophy remained in the profession throughout the years. The changing economic conditions of the 70's brought this old concept back to the forefront. Renamed and redesigned in the 70's as "super branches", these newly emerging Regional Library Service Cen- ters, were intended to provide a wider range of Library coverage to a heavily populated area or to clustered geographical areas within a fast growing or changing population base. The idea was to re- place the need for several dependent neighborhood branches with one independent Regional Library Service Center thus reducing the system's overall operating cost. The neighbor branch, by its very name. was limited to providing a predetermined level of Library service to a unique and geographically specialized group of people. In the standard American model, a neighborhood branch should provide .6 square feet of space per capita for the identified population, have a service area not to exceed a 3 mile radius, and be staffed by I professional for each 10,000 people served with 3 non professional posi- tions supporting the professional slot. The branch should own 2 books per capita and provide 6 day service. While this definition is somewhat static, it has been the basic model used by the Library profes- sion for the past 15 years. It has for much of the country been efficient, effective and highly useful in creating a network of public Libraries which are unrivaled in the world. The need for a change in the neighborhood branch philosophy first began to appear in the late 1960's in California. Local voters voted to limit the growth of funds available through the property tax base. Thus, less money was available to support non mandated services. The systems with large net- wot. ks of neighborhood branch libraries, came face to face with disaster. During the 70's and 80's, states like Arizona, Texas, Florida, North Carolina and other individual cities, were confronted by exploding population growth ~xithin defined geographical areas that previously had been stable and developed. Local governments in these areas found themselves in a constant building mode placing 6,000-8,000 square foot branches in neighborhood after emerging neighborhood. The price tag for this type of growth was heavy in both staff appointments and materials duplication. Local governments, with their shrinking discretionary funds, began to have trouble staffing their many neighborhood facilities. It is estimated [hat in California alone, during the mid to late 80's. !/3 of all neighborhood branch locations were closed with another 1/3 suffering reduced hours and staffs. The professional response to these types of scenarios was the adoption of the Regional concept. The working philosophy incorporates a three tiered system that includes a strong Central Library, supported by Regional Service Cente~ and a limited number of community and/or neighborhood branch locations. In this philosophy, a neighbor- hood facility can be rented and located as a store front or mall mini Library. In Phoenix, Arizona a population explosion rivaling Florida, occurred during the 80's. The Arizona situation never reached the disaster level experienced by the California Public Libraries for they developed and placed into operation a variation of the Regional concept. They decided to convert existing branches rather than build new ones. In the Phoenix model, two branches, the Me,~luite and Cholla branches were seen as candidates for regional status due to the heavy population growth expe. rienced within a 6-8 mile radius of these existing facilities. Under the old system, new neighborhood SEP 2 2 19911 facilities would have been constructed within these emerging neighborhoods. Instead the two 10,000 square foot facilities were expanded to 30,000 square feet, given a broader mission statemen~ and equipped to provide regional service. In a phone interview with the former Director on July 15th. Mr. Edwards stated that if the two regionals had not been created, 5 neighborhood facilities would have been required. In the Phoenix model, each regional facility required a staff of 12 FTE's for a total of 24. Each neighborhood facility would have required 8 employees for a total of 40 FTE's. Thus a net savings of 14 employees. 30% in materials and 50% in operations. Fort Worth, Texas had a similar dilemma, explosive population growth in several geographical areas of the city. The growth in the south and southwest areas exceeded the service ability of the three neighborhood branches. Because of the limitations in their size (both 7,500 sq. ft.) and their location and lot sizes, none of the existing branches were deemed adequate to function as Regional Library Sen'ice Centers. It was estimated by the staff that 3 additional neighborhood branches were necessary to maintain a consistent level of service throughout the community. This projected increase in cost was considered impractical by the local government and the Library staff. A study by the Allmand Group· recommended the construction ora 25,000 square fool Regional Center and that the 3 existing branches be converted into Children's Centers. This plan was adopted and the new Southern Regional opened in 1990. The same concept is being looked at for the remaining geographical areas of the Fort Worth system. Kansas City also approached the regional concept as a way of consolidating its Library service and controlling cost. Based on a staff study of service availability· it was recommended that the system be restructured from 18 neighborhood branches of varying sizes and a Central Library to a system with six Regional or Area Libraries and a Central Library. Using standards for full service Library centers advocated by Joseph Wheeler and Herbert Goldhor in their work Practical Administration of Pttblic Libraries. the Kansas City Libraries developed the following standards for its Regional Libraries. Population of Service Area 40-75,000 Semice Area 5 mile radius Location Heavy traffic area in or near shopping malls or large grocery stores. Size 15,000-25,000 sq. ft. preferably on one level Hours Minimum of 69 hours per week Parking 100 spaces Collection size 50,000-75,000 volumes Seating capacity 125-150 seats Staffing 4 professionals, 12 non professionals Agen SEP 2 2 1998 Pg. ~,~..,~ Similar examples of an evolving Regional network replacing the traditional neighborhood branch model, can be found in Wake, Mecklenberg and Forsyth counties in North Carolina, Baltimore and Montgomery County in Maryland and various other similar locations throughout the United States. In Florida, several notable systems are in various stages of the transition. Like every other methodology, each area adopts a concept to best fit local area needs, but the bottom line is always the same for each Library system, more service, less cost. Broward County in their "Facilities Planning Guide", advocate a three-tiered concept of Library service. They are the Main Library, Regional Librar- ies and Community Libraries. Within each service area, they have described the level of Library service provided at each location. In the Broward model, the community Libraries provides for local needs and popular reading and are clustered around one of three large Regional Library Service Centers. In this arrangement, the community Libraries are 18-20,000 ,sq. ft. in size with a staff of 18-20 FTE's. At present. Broward County builds no Library facility smaller than 19.000 ,sq. ft. The Palm Beach County Library system is also a three tiered system. This tiering is created by two basic facts. One the county has out lying areas where community style Libraries are more practical (example-Jupiter Beach Branch Library) and second, the existence of active and popular neighbor- hood branches within established neighborhoods. These neighborhood branches are being refurbished. resfock'ed and will always be part of the Palm Beach model. However, the major thrust of all new building projects is devoted to the Regional concept. Since 1991, three 25,000 square foot Regional Service Centers have been opened within the system and two more are planned by the year 2000. It is interesting to note that the Palm Beach comprehensive planning document calls for .6 sq. ft. per capita with a )'ear 2000 goal of 498,580 sq. ft. of public Librat3' facilities. Leon County has planned to make the same transition. Their planning document clearly identi- fies the role and placement of Regional Centers within their network. The first two centers are sched- uled to be operational by the year 2010. Leon County is in a less pressurized position than other Florida Counties. The)' have experienced a much slower population growth rate and their headquarters facility contains 88.233 sq. ft. The Leon County planning document calls for .5 sq. ft. of Library space per capita. Volusia County has also adopted a philosophy of Regional Service Centers; however, their model is more in line with the Baltimore County system in Maryland or the Wake County system in North Carolina. This system has opened two Regional Sen'ice Centers since 1990 with two additional units scheduled during the next 6 years. Volusia. because of its unique political configuration, has chosen not to close any of its neighborhood or community Libraries. The main thrust of the new build- ing program is to locate a Regional Library within a cluster location of new developing neighborhoods and s,urburban communities. Lee County has also made the transition to the Regional Center. Their new 20,000 sq. ft. plus Southern Regional is scheduled to open this summer. Collier Count),, like all other areas feels itself to be unique and maybe this is so, however, the one universal fact that affects all libraries throughout the United States is funding. The tax base is growing at a slower rate and the elected officicals grow more and more reluctant to increase the tax burden on the individual citizens. In Collier County. the Growth Management Plan provides for impact SEP 2 2 Igg8 fees lo be used for the construction of Public Library facilities. The plan also provides a threshold of.33 sq. fl. of library space for each citizen. The G.M.P. however, does not provide for the staffing nor thc operations of these facilities. Those expenses become thc direct burden of Ihe ad valorem lax base. Thus, the goal of management becomes the development and implementation of a plan that maximizes library service while minimizing the direc[ cost to the taxpayer. The first par1 oflhis equalion is easy. A library is a labor intensive inslitution. In all larger library sellings, personnel cost runs between and 85% of the total budget. Therefore, the most effective cosl containmenl methodology is to control or reduce Ihe number of employees needed to provide the stated levcl of service. A typical 6 to I 0.000 .'~q.'i'k branch provides between 60 and 68 hours of conlact lime weekly and must be slaffed with a minimum of 5 FTE's. In studies conducted throughout the library profession, no narrow ba~d correla- lion has ever been found thai relates slaff size lo building size. In other words, after a minimum staff size has been established, the addition of staff members becomes a funclion of activities, sen'icc level, and use by [he public. In Ibc cases of branches thai were sludied, thc optimum descriptors were a 12.000 square foot branch serving a populalion noi to exceed 30,000. staffed by two professionals ~nd 5 non professionals with a book collection of 30,000 volumes, open 6 days per week providing be- tween 60 and 66 hours of weekly contact lime and serving a geographical radius of 3 miles. A Regional Branch, based on the size in lhe Collier County model. 2,$,000 square feet, could provide service for 75.000 people, be staffed by two professionals and 7 non professionals, with a book collection of 50,000 volumes and serve a geographical radius of 8 miles. The present G.M.P. calls for Library facililies to be constructed al lhe tale of .33 square feet of space for each citizen. A review of the population projections indicates lhat by the year 2012 the County will have a population of 303,000 citizens. If you plug that figure into the growth management equa- tion, Collier County ',,,'ill be managing approximalely 110.000 square feet of Library facilities. At prcsem, we mana~,e 84.000 square feel. This means that another 30.000 square feet of Library facilities will need to be constructed over lhe next 1.~ years. Given our presenl pattern of construction (9,000- I 1.000 sq. ft.). ,.ve would be building 3 or possibly 4 neighborhood facilities. To staff 4 neighborhood fa.cilkies we would require 20 FTE's which would include 4 professionals (highest pay slots) and re- quire a 4 fold duplication of cerlain Library materials and all operating, cost associated with a free standing structure. The Library Board and the Library Director propose to deviate from this scenario. Due to thc population distribution of Collier County and the fiscal conservatism of ils elected officials, manage- ment and citizens, a Regional approach to branch development has many attraclive features. In refer- ence to population dislribution, the population is growing at a slower pace (approximately 3c~ per year). The new population will primarily be located wilhin the boundaries of 6 planning districls I' I. 12, 8, 4, $, and 7). A review of the planning map reveals thal planning areas 1.12 and 8 are geographically contiguous as are planning districts 4, 5, 8 and thai parl of 7 available for development. This type of geographical clustering is the perfect configuration for a Regional Library Service Center. The Library Advisor),' Board proposes that one Regional structure of approximately 25,000 square feet be con- structed in the next 8 years. The first priority would go to the North and would be placed in the North- east portion of planning district I or the Northwest portion of planning district 12. The Immokalee Road would serx'e as the mid point with the Livingston Road corridor as the center. Using that location as the mid point, the 6-8 mile radius provides full Library coverage into planning areas I. 12. 8. 9 and the northern portion of 3. When authorized by the G.M.P., the second Regional would be placed in planning district 5. This would be a similar facility to the northern construction and would provide full service into the southern part of planning district 4, all of 5, the developed part of 7 and the newly developing northern mile radius running from that point. Both Regionals would be constructed on 5 acre lots and designed for cost effective and efficient enlargement to meet growth beyond a 400,000 population figure. It is a reasonable assumption that with the construction of these Regionals that the Collier County Library system would be at buildout in reference to the total number of facilities. This conclusion is viable based on studies of the land use maps. The fact is that much of Collier County can never be developed. thus the population is limited to where it can be settled. Individual branches that exist today may have to be ?xPanded or moved. However. the total number of facilities would not increase and the library use of ad-valorem tax base would remain stable. In this scenario, the Collier County Public Library system ~s'ould become a three tiered system. The first tier x~'ould become the Central facility. It would be maintained, kept modern and function as the reference center and repository for the system. The second tier w'ould be the Regional Centers. Located in the North and South, these facililies would be large enough to handle the emerging popula- tion in the newly developing areas while reducing staff requirements by 25-30~. The third tier would be that of the neighborhood and/or community branches. Collier North, the Estates Branch and East Naples would be maintained as neighborhood locations. Marco Island, Immokalee, Golden Gate City and Everglades City. would be maintained as community Libraries. The number of facilities in this tier would never be increased. The present facilities would be maintained and Ix~ssibly relocated, but in point of fact remain stable. In this scenario, no new neighborhood branches would be constructed. In fact, depending upon population growth, the East Naples facility may be eliminated with the opening of the Southern Regional. If the regional scenario is chosen as an integral part of the long range building plan, then site location becomes a major consideration in the total process. A neighborhood facility is not. to a high degree, site sensitive. The goal is to place the branch in an easily accessed location within the geo- graphical confines of the selected neighborhood. That location could be north, south, east or west. High density local traffic flow is what you seek. A Regional Center is extremely site sensitive. The location must center at the heart of the neighborhoods being clustered. If possible, it should be on a main artery that provides easy access into the population clusters being unified by the central location. It should, if possible be located near regional shopping centers and other features that draw traffic from the clus- tered neighborhoods. In the regional concept, it tru'}y is location, location, location. SEP 2 2 This scenario provides many advantages to the taxpayer of Collier County. It provides for world class Library sen'ice, while maintaining a fiscally conservative approach to personnel and operations. It provides for a maximum range of Library materials, while avoiding costly, unnecessary duplications. It provides a buildout scenario for Library facilities, while providing se~ice locatiOns within 10-15 minutes of all citizens. It provides stability and controlled growth while minimizing the effects on the ad val,',rem tax base. It is a scenario that provides for a win-win situation-quality and effective Library system. Bibliography Articles 1. The Best Size Public Library by Mary Jo Detweiler, Library Journal, May, 1986, p. 34-37. 2. The Efficient Midsize Library by Richard Naylor, Library Journal, Feb. 15, 1987, p. 119+. 3. New Regional Library in Fairfax County, staff, Virginia Librarian, Vol. 41, June 1993, p. 21+. 4. The Regional Library by Michael Moyer, Wilson Library Bulletin, June, 1990, p. 46-5 !. S. Scottsdales's Regional Branch Boom's. by Beverly Goldberg. American Libraries, Vol. 26, Oct. 1995, p. 871-872. .... PI'arming Documents 1. Aiachua Count)' Comprehensive Plan-Library Service Goal and Objectives. 2. Facilities Planning Guideline-Broward Count)' Library System. Ft. Lauderdale, Florida. 3. Leon Count}' Comprehensive Plan-Public Library Section. 4. Palm Beach County Comprehensive Plan-Library Services Support Document. Interviews Mr. Ralph Edward, Dierector of the Phoenix Arizona Public Library system (retired) July 16. 1996. Mr. Samuel Morrison, Director of the Broward County Public Library system, July 16. 1996. Mr. Charles Parker, Public Library Consultant. State of Florida, July 16, 1996. SEP 2 2 1998 LONG RANGE PLAN Technology September 1998 Role of Technolo~. in Providing Library Service: The' Library recognizes the growing importance of technology in providing electronic access to world-wide sources of information for library users. Use of technology in the Library will assist the Library in fulfilling the Mission Statement adopted by the Library Advisory Board. November 1994, and will further enhance the ability of the Library to provide services for the informational, educational, recreational and cultural needs of the residents of Collier County in a timely and cost-effective manner. Integration of this Technology Plan with the Library's traditional Long Range Plan. will enable Staff to systematically plan for the effective use of information technologies currently available and those yet to be developed. Mission Statement/Service Vision: The Collier County Public Library Advisory Board (LAB) recognizes the growing importance of information technology in the lives of Collier Count), residents and in the provision of library services. Collier County Public Library will systematically collect, organize and disseminate, in a timely and cost effective manner, a select collection of print and non-print materials and sen'ices for the informational, educational, recreational and cultural needs of the residents of Collier Count}'. Library users will be able to access electronic resources in all Library locations, and be able to reach the Library electronically from home and office computers. Library Staff will continue to provide instruction to the Public in use of Library electronic resources, helping them identify. retrieve and organize information to meet their needs. Implementation of this Technology Plan will enable the Library to offer patron access to the Library's holdings through an on-line catalog and provide access to electronic-based information resources on both CD-ROM and the World Wide Web. All Library materials, including electronic and WEB based resources, are selected ba-.ed on selection criteria as discussed in the Library's Policies. (Latest edition .'as antended by the Libra0' Advisory Board. June 1998. I Services, Goals and Objectives: Services: The Library has been automated with the Data Research Associates system since 1992. CCPL uses the following DRA components: the on-line public catalog, acquisitions, circulation, serials, cataloging and reporting modules. Serials and acquisitions, however, are used only minimally. Public dial-in access has been provided continuously since 1992. NO .~ -- '- $£P 2 2 1998 PO. _ 'B~ Ali Library locations effectively use fax machines and basic voice telephone services. Additionally. Headquarters Library uses some voice mail telephone routing. Headquarters Library currently provides access to some data bases through networked CD- ROMs. Titles include American Business Disc. Novelist and NewsBank Business Disk. Branches provide in-house u~ of some cd-roms by checking them out to use on Library equipment. Cable and satellite broadcast programs are available for both staff and patrons at the Headquarters Library. Satellite system has been used for Library Staff, SWFLN and for community programs. The Library provides public access to commercial data bases at all Library locations. Currently titles include First Search, Bookx In Print, PRO CD Phone and EB$CO Host. Other titles are always under consideration. Each Library has full. graphical interact access for Staff and for the Public with Library Staff assistance. As the Library completes its current reorganization of automation resources, the Library expects to offer graphical internet access to the Public, with no Staff intervention, but with an interact filter. Currently scheduled for September 21. 1998.)Text-only access is also available. but not especially popular, at all Library locations. Goal: Improve Electronic Access to the Library Database, Commercial Databases and the World Wide Web Library users will have access to electronic information, on both the WEB and cd-rom. Electronic workstations will be available at all Library locations. Access will be available from schools, homes and offices through the Library's website. Objectives: ,~ By September 30, 1999. the number of graphical public workstations will increase by 23. (From 22 to 45.) ' · Add public access terminals to facilities other than formal branch libraries; i.e.. Briggs Resource Center, Farm Workers Village - Immokalee, and other sites as deemed appropriate. · Provide public access terminals, including dedicated wiring at these auxiliary sites. · Add electronic records for holdings of Law Library, Museum Library and Agricultural Extension Services Library to CCPL database, as time permits. · Up-grade modem speed to 33.6, or higher by January 1, 1999. Goa~l: Provide Education for Staff and the Public in Using Electronic Resources. Objectives: · Provide at least one World Wide Web class for the Public at each Library location before September 30, 1999. SEP 2 2 '1898 · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program a! each location before September 30, 1999. · Provide at least 10 'webliographies' of interest to Library Users by September 30, 1999. · Provide printed and electronic guides lo using the WEB and the commercial databases to which the Library subscribes, by January 1, 1999. · Provide a minimum of two internet and/or electronic resources searching classes for all professional staff annually. · Provide a minimum of one internet or electronic resources searching class for all support ~' 'staff annually. Goal: Optimize Library's Use of Automation Software Objectives: · Evaluate the ability of DRA system to continue to provide circulation and acquisitions services to Library staff and patrons, by September 30, 1999. · Evaluate new DRA software developments, including Children's catalog interface and Taos, by September 30, 1999. · Evaluate on-line ordering to major vendors, by September 30, 1999. · Take over automation support tasks from County Information Technology Department by October I, 1998. · Add additional automation systems specialist to handle increased workload by November 1, 1998. Goal: Provide electronic access for internal customers to commercial data bases and educational programs. (~bJectives: · Subscribe to DRA's Fas), Access and electronic databases through Easy Access or directly from vendors. · Add equipment necessary to subscribe to services such as Electric Librar)', and other commercial, graphics-based data bases, by October 15, 1998. · Evaluate electronic services, prioritizing and adding subscriptions as the FY99 budget permits. (By November 1, 1998.) · Add cd-rom resources to the Young Adult and Children's Department, by January 1, 1999. Goal: Expand Patron and Staff Access To and Knowledge of Information Resources Beyond Collier County Public Library. Objectives: · Provide staff and public access to the Naples Free-Net from each library location, by November 1. 1998. i--~-~,~, Z,zt~i ! l - -* [ SEP 2 2 1998 l J Provide electronic access through Southwest Florida Library Network. as it becomes available. · Link electronically to the Collier County Public Schools information network. · Link electronically to any organization that is capable of providing a listing of their collections on a computer. Organizations could include clubs, galleries and other local and regional resources. For example, Koreshan State Park is exploring digital imaging access to its collections. Goal: Provide InterLibrary Loan and Data Base Searching For The Public. Objectives: · Continue to provide ILL service to patrons, through OCLC, or other cooperatives as they become available. · Provide Dialog and other commercial data base searches for the public. Goal: Expand Capabilities of Ethernet Network. o Objectives: · Add color laser printer to ethernet network, enabling all staff with PCs to print in color, by November I. 1998. · Add Staff Macintosh computers to ethernet network, by November I. 1998. · Consider networking cd-rom products on the Library System WAN. by September 30, 1999. Technology Needed to Provide Services and Meet Established Goals and Objectives: Much of the equipment, staff and support needed to accomplish these goals and objectives is either in place, or will be available by the end of the first quarter of FY99 (December 31, 1998). The generous support of several organizations and departments have laid the groundwork for meeting these goals. Library automation began with an LSCA grant many years ago to start retrospective conversion of library catalog records. The automation system was purchased in 1992 with local funds. 1995, the Collier County Friends of the Library, Inc., providing funding for the Library to establish a link to the Intemet. In FY97, a State Library of Florida FioriNet Grant enabled the Library to purchase personal computers and provide staff training in graphical WEB searching. At the same time. a Collier County Government project updated routers and hubs at each Library location enabling all Branches to have some graphical WEB access. Currently (September 1998) the Library's automation access needs have exceeded the County's ability to provide timely and effective services. The management of the Library network is. therefore, being returned to the Library. An outside contractor will ~,,,,!,q,. I Ag~ndi _If. tm\ ! support. An additional systems manager, authorized for FY99. will enable Staff to respond to service requests. F. quipmcnt and wiring has been standardized and can be expanded as new libraries arc built. Thc basic network structure can be easily up-graded as technology changes. The additional Systems Administrator and outside contractor will enable the Library to respond more rapidly to its own automation needs. Equipment Inventory: Current: Headquarters LibrarT: · VAX 4000 · HPNetServerLHll · Cisco 4700 WAN Router and CSU/DSU · Cisco Dranet Router , 3Corn Ethernet Hub , 2 Cabletron 24 pon Hubs · Kentrox TSU · Cisco 2900 Workgroup Switch · 9 Pentium PCs for the Public · 16 Pentium PCs for Staff · 7 Power Macs for Staff · 3 Macs for Staff · :5 HP Laser Printers · I Apple Color LaserWriter Printer · 10 HP Ink .let Printers · 20 Dec VT420 Terminals · 15 Dec LA 70 dot matrix printers i Apple Scanner · 1 Visioneer Paper Pon Scanner 14 Interme¢ Barcode Scanners · 3 Lantronix Terminal Se~'ers East Naples Branch: · Cisco 250l Router · DSU/CSU 56KB · I Lantronix Terminal Server · I Public Pentium PC · 2 Staff Pentium PC · 2 Staff Macs · 2 Apple LaserWriters · 7 Dec VT420 Terminals 5 Dec LA70 dot matrix printers · 4 Intermec Barcode Scanners ~ G~lden Gate Branch: , Cisco 2501 Router · DSU/CSU 56KB · I Lantronix Terminal Server · 2 Public Pentium PC · 2 StaffPentium PC · I Staff Mac · I Apple LaserWriter · 6 Dec VT420 Terminals 4 Dec LA70 dot matrix printers · 4 lntermec Barcode Scanners Immokalee Branch: · Cisco 2501 Router · DSUICSU 56KB · I Lantronix Terminal Server · 2 Public Pentium PC · I Staff Pentium PC -·" 5 Dec VT420 Terminals · 3 Dec LA70 dot matrix printers · Intermec Barcode Scanners Estates Branch: · Cisco 2501 Router T-I TSU · I Lantronix Terminal Server · 2 Public Pentium PC · 2 StaffPentium PC · I StaffMac · I HP Laser Jet Printer · 6 Dec VT510 Terminals · 6 HP Inkier Printers 4 lntermec Barcode Scanners Everglades City Branch: · Cisco2501 Router ~ .DSU/CSU 56KB · I Public Pentium PC I StaffPentium PC · I lntermec Barcode Scanner ~o.~~ I $£p 2 2 1998 ! Marco Island Branch: · Cisco 2501 Router · T-I TSU · I Lantronix Terminal Server 3 Public Pentium PC · 2 Staff Pentium PC · 2 HP LaserJet Printer · 6 Dec VT420 Terminals · 3 HP Inkier Printers · 4 Intermec Barcode Scanners Yanderbilt Beach Branch: Cisco 2501 Router DSU/CSU 56KB · I Lantronix Terminal Server 2 Public Pentium PC · 2 StaffPentium PC · I StaffMac · I Apple LaserWriter · 6 Dec VT420 Terminals · 4 Dec LA70 dot matrix printers · 4 Intermec Barcode Scanners Planned/Budgeted Computer Equipment and Connections: Replace all Dec VT terminals with networked PCs. Replace ali 56KB DSUs/CSUs with TSUs. increasing speeds to all Library locations. Add 20 PCs for Public Upgrade routers for TI service Data~'oice Connections: Headquarters Library: · 9 - Centrex telephone lines for voice. · I Fax line. · 2 Dial-up lines for patron access to circulation system. · 75 Category 5 ethernet connections distributed throughout the Library. · I - 384 KB Intemet Service from DRA. · I - TI Sen'ice for Library WAN · I 56KB Ser,.,ice to County Word Processing | $EP221998 East Naples Branch: · 3 telephone lines for voice. · ·' I Fax line. · 1 56KB line to VAX · 15 Category 5 ethernet connections Golden Gate Branch: · 3 telephone lines for voice. · I Fax line. · I 56KB line to VAX · 15 Category 5 ethernet connections Immokalee Branch: · I telephone lines for voice. · 1 Fax line. · I 56KB line to VAX · 10 Category 5 ethernet connections Estates Branch: · 3 telephone lines for voice. · I Fax linc. · I 128KB line to VAX · 20 Category 5 ethernet connections Everglades City Branch: I telephone lines for voice. · I 56KB line to VAX · 4 Category 5 ethernet connections Marco Island Branch: · 3 telephone lines for voice. · I Fax line. · I 128KB line to VAX · 20 Category 5 ethernet connections ~ 4gend I SEe 2 2 Vanderbllt Beach Branch: , 3 telephone lines for voice. · I Fax line. · I 56KB line to VAX · 20 Category 5 ethernet connections Computer Software: .e VMS Operating System · DRA Applications Software Windows NT Server WEB2 · Windows 95 · Fortress · Netscape · MS Office Suite · Variety of other Desktop Publishing Software · WebSense Maintenance Contracts: Library S.vstem software and hardware are covered by maintenance agreements with Data Research Associates. Personal computers are purchased with 3-year extended warranties. Training: All Staff are trained on the software they use to perform job as they are hired. Supervisors schedule refresher training for their employees. Ail Staff have received formal training on use of graphical Interact browsers. As products are added or changed, relevant Staff are taught to use the new products. Staff has been encouraged to attend SWFLN and other programs as available. The County has provided some training for supervisors in use of MS Office. The Reference Staff has been conscientious in providing training on the use of commercial databases. In 1997. DRA was invited to present a 3-day refresher training session at the Headquarters Library. This training was so successful that it will be repeated in FY99. Patron training has been done in small groups, due to equipment limitations. The Headquarters Reference Department continues to offer a weekly introduction to the Library. which includes the electronic reference sources. Those wishing additional training are invited hack for individual sessions. Both the Macintosh Users Group and the PC-Bug computer clubs offer training for the Public at the Headquarters Library. Programs are usually targeted to their members, but both have offered to do classes specifically for the Library. Age. · t SEP 2 2 991l The Director of Edison Community College Learning Resources Center. Robert Rodriguez. has presented 5 Internet training classes at various Libraries for the Public. He ha~ offered to continue this project. Both Branches and Headquarters are planning additional formal classes in using the Library's electronic resources in FY99. The Children's and Young Adult Departments have been talking with home schoolers, in particular, to arrange formal classes and programs. As in any Library. much public training is done on an individual basis as questions arise· In fulfilling this Library role. the supervisory staff fully understands the importance of providing staff who can help the Library users. Program Publicity: As the Library moves into FY99 with increased capabilities and control over our own services, Staff has begun to plan a strategy to increase the use and visibility of the electronic services available at our Libraries. A 'web' committee has started to plan how best to design and promote use of the Internet. Plans to hire a web-design company are also being considered. Library Administration intent is to use the new capabilities to promote the entire system and services, not just the Interact connectio, n. Local newspaper and radio announcements will be used. · Evaluation: Design of evaluation tools will be the responsibility of the new Systems Manager. (Being hired itt FY99. I Evaluation of technology use in the Libraries will include both quantitative and qualitative. Server software will be used to provide many of the quantitative measures. They will supplement current manual counts of numbers of web searches done for and with the Public and counts of equipment usage. Commercial database providers will be requested to provide statistics on hits and searches done. Staff will sample and report use of equipment quarterly. Since population an,! use varies greatly from season to season, Staff felt that this sampling would be more valid if done quarterly, rather than annually or semi-annually. Patron surveys and interviews will also be conducted quarterly. Reference activity counts already include lntemet search information at Headquarters. Branches will also be asked to provide this information. Library Administration will evaluate the data on a quarterly basis. Appropriate changes in policy. product subscriptions and classes offered will be based on the data collected. As the annual budget cycle begins in early March, the data will also be used to project costs for the budget requests. , The web committee, in particular, will use the data collected to ensure that the web page is meeting the needs of Library Users, both internally and from home and o~ffice. .o.. I SEP 2 2 198 Of particular interest to the Reference Staff. which plans and presents many of the public programs, will be the surveys and evaluations of electronic resources classes presented. Information will be analyzed to enable Staff to provide the most appropriate classes with the most effective teaching methods. As with any Reference transaction, the simple question 'did this meet your needs or answer your question' will be an imponam and immediate evaluation tool. As Library Staff gains experience in using patron surveys and questionnaires, the instruments will be refined. Summary findings will be provided to ali Staff. Budget: Many of the start-up and retrofitting costs will have been expended by the start of FY99 (starting October 1, 1998). The attempt has been made to fund technology without pulling funds from established Library services. This has been difficult in the area of database subscriptions. In FY98, the Library had its first separate materials line-item budget for electronic resources. The $50,000 for electronic resources did not cover all expenditures. Some Reference funds were also used. It is expected that the $60,000 budgeted in FY99 also will not cover all of the needs, lt, again, is a start. The State Library's support of First Search for all public libraries in the state is a welcome addition to CCPL. Implementation and continuation of e-rate discounts will help control telecom costs without having to use funds from other established library services. Funds for major equipment upgrades are generally available through Library Impact Fees. All construction is funded in this manner, as well as other major projects such as a computer upgrade needed due to growth. Library Technolog3' - Annual Costs FY99 FY00 FY01 Systems Personnel $120.000 $135.000 $150.000 System Hardware. Software & Support .545.000 $48.000 $50.000 Equipment Purchases $25.000 $25.000 $80.000 Training $10.000 $10,000 $8,000 Telecommunications $60.000 S65.000 S75.0Q0 TOTAL $250.000 $273,000 $363.000 (Large anticipated jump in FYOI. includes additional equipment projected for purchase for new regional library and anticipated changes at that time.) SEP 2 2 As Library Staff gains experience in using patron surveys and questionnaires, the instruments will be refined. Summary findings will be provided to all Staff. Budget: Many of the start-up and retrofitting costs will have been expended by the start of FY99 (starting October 1. 1998). The attempt has been made to fund technology without pulling funds from established Library services. This has been difficult in the area of database subscriptions, in FY98. the Library had its first separate materials line-item budget for electronic resources. The $50.000 for electronic resources did not cover all expenditures. Some Reference funds were also used. It is expected that the $60.000 budgeted in FY99 also will not cover all of the needs. It, again, is a start. 'The State Library's support of First Search for all public libraries in the state is a welcome addition to CCPL. Implementation and continuation of e-rate discounts will help control telecom costs without having to use funds from other established library services. Funds for major equipment upgrades are generally available through Library impact Fees. All construction is funded in this manner, as well as other major projects such as a computer upgrade needed due to growth. Library Technology -Annual Costs FY99 FY00 FYOI Systems Personnel $120,000 $135,000 S 150,000 System Hardware, Software & Support $45,000 $48,000 $50,000 Equipment Purchases $25,000 $25,000 $80,000 Training $10,000 $10,000 $8,000 Telecommunications $60.000 $65.000 $75,000 TOTAL $250,000 $273,000 $363,000 (Large anticipated jump in FYO1, includes additional equipment projected for purchase for new' r~gional library and anticipated changes at that time.) Time Line and Action Plan: Because of the pending changes in the Library's automation system, FY99 will be a busy year for Staff. Many projects have been delayed until we actually gain control of our own computer system. SEP 2 2 1998 I~99: *. By September 30, 1999, the number of graphical public workstations will increase by 23. (From 22 to 45.) * Up-grade modem speed to 33.6, or higher by January i, 1999. · Provide at least one World Wide Web class for the Public at each Library location before September 30, 1999. · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program at each location before September 30, 1999. · Produce at least 10 'webliographies' of interest to Library Users by September 30, 1999. · Provide printed and electronic guides to using the WEB and the commercial databases to which the Library subscribes, by January I, 1999. · Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. · Provide a minimum of one Internet or electronic resources searching class for all suppor~ staff annually · Evaluate new DRA software developments, including Children's catalog interface and Taos. by September 30, 1999. · Evaluate on-line ordering to major vendors, by September 30, 1999. · Take over automation support tasks from County Information Technology Department by October I. 1998. · Add additional automation systems specialist to handle increased workload by November 1, ' 1998. · Subscribe to DRA's Easy Access and electronic databases through Easy Access or directly from vendors. · Add equipment necessary to subscribe to services such as Electric Librar3'. and other commercial, graphics-based data bases, by October 15. 1998. · Evaluate electronic services, prioritizing and adding subscriptions as the FY99 budget permits. (By November 1, 1998.) · Add cd-rom resources to the Young Adult and Children's Department, by January 1, 1999. · Continue to provide ILL service to patrons, through OCLC, or other cooperatives as they become available. · Provide Dialog and other commercial database searches for the public. · Add color laser printer to ethernet network, enabling all staff with PCs to print in color, by November 1, 1998. · Add Staff Macintosh computers to ethernet network, by November 1, 1998. · Consider networking cd-rom products on the Library System WAN, by September 30, 1999.. · Review data collection on use of electronic resources, adjusting priorities and programs accordingly. (Done quarterl); with emphasis on budget preparation in March and year end in September.) ,,o.._a.tt_ | FYO0: · Add public access terminals to facilities other than formal branch libraries: i.e.. Briggs Resource Center, Farm Workers Village - Immokalee. and other sites as deemed appropriate. · Add electronic records for holdings of Law Library and Agricultural Extension Services Library to CCPL database, as time permits. · Provide at least two World Wide Web classes for the Public at each Library annually. · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. · Provide at least one children's WEB program at each location annually. Produce at least new 10 'webliographies' of interest to Library Users annually. · Provide a minimum of two Internet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Iht·met or electronic resources searching class for all support staff annually · Provide additional cd-rom resources to the Young Adult and Children's Department. · Continue to provide ILL service to patrons, through OCLC. or other cooperatives as they become available. · Provide Dialog and other commercial database searches for the public. · Network cd-rom products on the Library System WAN. e Replace dumb terminals with PC workstations Upgrade 56KB Branch telecom lines. · Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget preparation in March andy·ar end in September.) FYOI: · Add public access terminals to remaining facilities other than formal branch libraries; i.e.. Briggs Resource Center. Farm Workers Village - Immokalee. and other sites as deemed appropriate. · Provide at least three World Wide Web classes for the Public at each Library annually. · Provide weekly public orientations for the Public at Headquarters Library. These include an introduction to electronic resources in the Reference Department. Provide at least two children's WEB programs at each location annually. · Produce at least 10 new 'webliographies' of interest to Library Users annually. · Provide a minimum of two lnternet and/or electronic resources searching classes for all professional staff annually. Provide a minimum of one Iht·met or electronic resources searching class for all support staff annually · Continue to provide ILL service to patrons, through OCLC. or other cooperatives as they become available. · Provide Dialog and other commercial database searches for the AQend 42 StP 2 2 Add one workstation to each Branch library and three workstations to Headquarters. Review data collection on use of electronic resources, adjusting priorities and programs accordingly (Done quarterly, with emphasis on budget pre£aration in March and year end in September.) GENERAL ACTION PLAN FY 99 Collier County Public Library has two major focuses during FY99. The first is apparent from the Technology Plan and Action Plan. FY99 will concentrate on making library automation more usable for Staff and Patrons. as detailed above. The second focus will be planning for the North Regional Library. · The site study for the North Regional Library will be completed by January I. 1999. · Funding will be arranged through regular County loan procedures, with Impact Fees pledged to repay the note. · Marco Island construction note will be paid. · Architectural design will start about January 1. 1999. · Building permits will be obtained by late Summer. 1999. · Construction will start shortly after October 1, 1999. Additional Areas of Concentration Include: · Increasing adult and children's programming at all locations. · Repeating the popular Festival of the Humanities. · Holding first annual children's storytelling festival at a nearby hotel. · Reviewing library policies. · Continuing to encourage and support the Friends. · Continuing staff continuing education programs. · Securing the second annual library in-service training day. (First being held September 18. 1998. with all locations closed. Staff members have a variety of classes to attend.) ATTEST: (Ah to Chairman) BOARD OF COUNT's' CO.%IAIISSIONERS Dweight E. Bz'ock. Clerk COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Uy: By: Deput.v C'_ i~l*k Barbarn B. Berry, Chairman Approved ~s t(., fi~rm and Legal sul'l~cicncy: _.. l~,vl ,, Assi.~-,nt C'c, unLx Auorney SEP 2 Z ~9.qe I EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE THE ANNUAL CONTRACT BETWEEN COI-I.IER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT OBJECTIVE: To augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year the County enter~ into an agreement with the State o£ Florida that provides fundinl~ and facilities for the provision of Public Health services. The attached ~reernent is that annual contract and, if executed, will begin on October I, 1998 and run concurrently with thc County's fscal year expiring on ,%ptcmber 30, 1999. The contract form itself h~s undergone some minor revision at the State level in an attempt to make the ~t~'e~ment ~sier to understand. However, in essence it is the s~me agreement, which indicates the services that will be provided and the cost share between the State and the County. It also indicates the ~pec~ed third party sources of revenues and am-ibutes those to the County or the State based upon each agency's contributions. In addition, this agreement includes as it's last attachment, the indemnifcztion language that was negotiated between the State and the County Attorney's Office, which is a f~ture o£ this contract unique from others around the State. GROWTH MANAGEMENT IMPACT: T~ere is no Grov,'th Management Plan impact associated with this item, as there is no Public Health element in the County's comprehensiv~ plan. FISCAL IMPACT: The contract includes a cash contribution of $614,800, up ~40,400 for current services and $196,100 for ~xpanded from last year's agreement. These funds are budgeted in the yet to be finalized FY 99 general fund (001) budl~t in the cost center £or Public Health (155810). The contract amount reflects the expanded service reques~ which have bee_n approved to dire. These expanded services include increased funding for immunization of children at $91,400, fnancial assistance for adult prim~_,~ and chronic illness cxrc at ~1,000 and ~3,700 for expanded clinic operations for the treatment of sex~all¥ transmitted diseases. An additional vehicle for the septic t~nk inspection program at $16~00 is also budgeted and included. However, this will be funded from the Community Development Fund (11~) as an improved inspection program primarily benefits the development industry. The remaining $418,700 will be used to support Communicable Disease Control (~348,915) and Prirnar~ Care {~9,785). In addition to the cash contribution, the agreement recognizes the contribution t~e County makes in the form of office and clinic sl:~ce. The estimated annual rental value of that contribution is $472,814. The contract further l'~cognizes that the Collier Health Depa~h,,ent will ret~dn $150,343 of unspent ~nds from prior ~ear~. These funds are set aside in what is called the "Collier County Health Unit Trust Fund". These funds have, in the past been used for special c~pital purchases o£equipment or furniture but are primarily retained as a cash flow reserve. T~stl¥, the contract r~c~niz~ the con~bution that the County makes in the wa~, of BCC l~d operating expenses. These are generally associated with building maintenance and · 2 Z '1998 total the County will provide the Health Department with S984,043 i, cash and 5472,814 in donated rent. RECOMMENDATION THAT THE BO.adlD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairman to execute the annual contract with the State of Florida Depa~-il~ient of Health for the operations of the Collier Count3.. Health Department. Prepared and ,ubmitted for approval by: ~'-~,~x ,,-'). ~'~J .v Tfio'm~s (XF. Olliff, ~]~l~c Scm'ices Admin. I i I SEP 2 2 ]958 I CONTI~ACT BETWEEN COLLIER COUNTY BOARD OF COL'~'TY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE ,,COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 1998-1999 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of Count)' Commissioners ("County"), through their undersigned authorities, effective'October I. 1998. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. Count,,,' Health Departments were created throuehout Florida to satisfy this legislative intent through "promotion of the public's health, tl~e control and eradication of preventable diseases, and the provision of primaD' health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the par~ies hereto to enter'into this Agreement in order to assure coordination between the 'State and the County in the operation of the CHD. ' NOW THEREFORE. in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 1998, through September 30. 1999, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAIN'ED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on part III of Attachment Il hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health se~'ices" are those seN'ices which are organized and operated to protect the health of the general public by monitoring and regulating actix:ifie_~ in the SEP 2 2 1998 P~. ~ _ environment v,'hich ma,',' contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal levels. Examples of environmental health sen'ices include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" arc those services which protect thc health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or . federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primar'y care services" are acute care and preventive sen'ices that are made available to ,,,.'ell and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home. in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care sen'ices include, but are not limited to: first contact acute care services: chronic disease detection and treatment: maternal and child health sev,'ices; family planning: nutrition: school health: supplemental food assistance for women's, infants, and children: home health; and dental serx'ices. 4. FLWDING. The parties further agree that funding for the County Health Department ~sill be handled as follows: The funding to be provided by the parties and an.',' other sources are set forth in Part 1I of Attachment Il hereof. This funding will be used as shov.'n in Pan l of Attachment ll. i. The State's appropriated responsibility as provided in Attachment Il, Part Il is an amount not to exceed :5 5.890,375.00. The State's obligation to pa.',' under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility as provided in Attachment il, Part il is an amount not to exceed $ 1.138.130.00. b. Overall expenditures will not exceed available funding (either current year or from surplus trust funds) in any service category. Unless requested other~'ise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forv,'ard to the next contract period. .~ 1598 c. Either party, may establish service fees as allowed by law to fund activities of the CHD. The amount and purpose of such fees are listed in Attachments IV and V of this Agreement. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party, in writing, 30 days before the increase or decrease is to occur, of the amount and purpose for the increase or decrease in funding. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail Naples, FL 34112 5. CHD DIRECTOR. Both parties agree the director of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director shall be selected by the State with ihe concurrence of the Count,,'. The director of the CHD shall insure that noncategorical sources of fimding are used to fulfill public health priorities in the community and the State Strategic Plan. A report detailing the status of public health as measured by outcome measures and similar indicators ',','ill be sent by the CHD director to the parties no later than October I ofeach )'ear. 6.. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of count.,,' purchasing procedures as set forth in subparagraph b.. below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of count)' purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director must sign a justification therefor, and all count.,,' purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment VI. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Recognized Governmental Accountiag Procedures and Governmental Accounting Standards Board, and the requirements of federal or stye law. These $£P 2 2 998 records shall be maintained as required by HRSM 15-1 "Records Management Manual" and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of subparagraph i, below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the State Automated Management Accounting Subsystem; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information SysterrffHealtb Management Component Pamphlet; iii. Financial procedures specified in the Department's Accounting Procedures Manuals, Accounting memoranda, and Comptrollers memoranda; iv. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). v. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. The Collier County Health Department Trust Fund shall maintain an average trust fund balance of no less than 8.33% of its annual operating budget. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the Count),' Health Department Trust Fund account at the end of the contract year shall be creditect/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and count)' based on the ratio of planned expenditures in the core contract, then funding from ali sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case. all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special projects explained in Attachment VII. 4 SEP 2 2 1998 f. There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary. for Health has approved the transfer. The Deputy Secretary for Health shall forward wrinen evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to can3' out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and recordkeeping requirements. h. At the request of either pan,,.', an audit ma.,.' be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties v.'ithin 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB manual A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose an.,,' information concerning a recipient of services except as allov,'ed by Federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are other, vise excepted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 455.667, Florida Statutes. and all other state and federal laws regarding confidentiality. Ail confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, thc terms of which are incorporated herein by reference. The CHD shall further adhere to an.,,' amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. !. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as othem'ise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of serv ices. T]'i~ CHD I SEP 2 2 199a will advise applicams of the right to appeal a denial or exclusion from services, of failure to take account ora client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as A~tachmcnt III. o. The CHD shall submit quarterly repons to the county that shall include at least the following: i. The DE385LI Contract Management Variance Report and the DESSOL1 Analysis of Fund Equities Report; ii. A written explanation to the county and department of service variances reflected in the DE3gSLI report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed one percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required; p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 1999 for the report period October 1,1998 through December 3 I, 1998; ii. June 1, 1999 for the report period October 1,1998 through March 31, ! 999; iii. September I, 1999 for the report period October 1. 1998 through June 30. 1999: and iv. December 1, 1999 for the report period October 1,1998 through September 30, 1999. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment VI to this contract and the county shall ox,aa the facilities used by the CHD unless otherwise provided in Attachment VI. b. The county shall assure adequate fire and casualty insurance coverage for County-owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the Count), and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the CHD trust fund shall be sold at fair market I .o. value when they are no longer needed by the CHD and the proceeds returned to the CHD trust fund. B. TERMINATION. 'a. Termination at Will. This Agreement may be terminated by either par~y without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, the State may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one part)', upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other part?s contract manager with proof of deliveD'. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. MISCELLANEOUS. The parties further agree: a. Availabilit?/ of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 1998, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to x~Titing and signed by ali parties. 7 NO.~~ SEP 2 2 1998 c. Contract Managers. The name and address of the contract managers for the panics under this Agreement are as follows: For the State: For the County: Charles Koni she Jr M.D.M.P.H. Thomas W. Olliff ~lame Name Director Collier Court Health Dei~artment Administrator Public Services Title Title 3301 E. Tamiemi Trail Rid . H 3301 E. Tamlami Trail, BldE.H Naple~ Florida 34112 ~da 34112 .Address Address (941) 774-8206 (941) 774-8468 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in ~,Titing tO the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify., amplify., or give additional notice of the provisions hereof. ENTERED INTO AND AGREED between the parties hereto by the undersigned authorities, effective the 1" day of October, 1998. BOA]~ OF COL,'NTY CO~INIISSIONERS FOR Collier COUHTY, FLORIDA SIGNED: Barbara B. Berry, Chairman Date: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: ('Department Authority) NA.~IE: James T. Howell. M.D.. M.P.H. ATTEST: TITLE: Secretary DWIGHT E. BROCK, CLERK DATE: By: SIGNED BY: Approved as to form and Legal sufficiency CIID Director/Administrator NA.q, IE: Charles Konil~sber~.Jr..M.D. Robert N. Zachary TITLE: Director, CHD Assistant County Aftorney DATE: DATE: cc: David Weigel. County Attorney SEP 2 2 19'98 ATTACHMENT I PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the CIS/HMC minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: 1. Sexually Transmitted Disease Requirements as specified Program in HRSM 150-22-. Requirements as specified in Policy 87-7-5 regarding State Health Office STD Program review and approval of personnel/budget actions. 2. Dental Health Monthly reporting on HRSH Form. 1008'. 3. Special Supplemental Food Service documentation and Program for Women, Infants monthly flnancial reports and Children. as specified in HRSM 150-24- and all federal, state and county requirements detailed in the program manuals and published procedures. 4. Improved Pregnancy Outcome Requirements as specified in HRSM 150-13A*. Quarterly reports of services and outcome on HRSH Form 3096* Program Quarterly Progress Report, Quarterly Summary Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. 5. Family Planning Periodic financial and programmatic reports as specified in HRSM 150.27.. l4gen t .o. SEP 22'1998 ATTACHMENT I (Continued) 6. Immunization Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. 7. CHD Program Requirements as specified in HRSM 150-3' and HRSM 50-9*. 8. Chronic Disease Program Requirements as specified in the Reference Guide to CHIP and HRS* forms identified in HRSM 150-8. and 150-12. 9. Environmental Health Requirements as specified in HRSM 50-1C*. 10. AIDS Program Requirements in HRSM 150-30. and case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CHD clinics should be reported on CDC HIV Counseling & Testing Report Form. These reports are to be sent to the Headquarters AiDS office within 30 days of the initial post-test · appointment regardless of clients' return. 11. School Health Services HRSM 150-25., including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. 1998 ATTACH~#T I I Col L tar Pert II. S~ICEI OF CONTRIBUTIONS TO CPHU Other STATE CPHU T~uet Fund CClsh) Cofltrlbut~ofls I. GENERAL REVENUE ~e~'xJ~ ALG/Cofltr|l:xJtJOfls to ~PHU ~bJect (Cat. 050329) :ode ]15050 ALG/ContrLbutlons ?o Clio C0503L393 1,506,373 0 1,506,37~ 315011 ALG/Cont to C)IO Primary Care C0503293 381,&:39 0 381,&29 )15065 AL~/Coflt to Clio AIOS Prey & SurvC0503~93 100,075 O ]15050 ALG/Cont to tHO #fl Lbr Camp San(0503293 46,945 0 46,945 ]15050 ALG/Cont to Clio H~me HLth Pi[et (050329) 0 0 0 315050 ALG/Coflt to Clio Im~.n Outreach C0503293 l&,59& 0 ]15050 ALG/Cont to CNO COe/i TB Progrma (050329) 67',929 0 67,929 315050 ALG/Cont to Clio Irclr Air Asitit¢0503293 0 0 0 3150&8 ALG/Cont to CI~O STO Program (050329) 0 0 0 315065 ALO/Cont to ClIO AiDS Pet Care (0500263 93,263 0 93,263 315115 ALG/Schoot HeaLth Services (051106) &9,gO? 0 49,907 3151&0 ALG/Schoot HeaLth Sul:~t. (051106) 0 0 ~15124 ALG/iPO-HeaLthy Start/IPO C0507073 0 O 0 ]15124 ALG/I~CH-HeeLthy Start/aPO (050870) 9,898 0 9,898 315050 ALO/Coflt to CI~D Fern Tran$ PI~G (0503293 0 0 0 31501,i~kALG/Prfrnary Care C0503313 0 0 0 )151~ALG/Fami Ly PLanning C050001 ) 45,250 0 ~5,250 Other General Revenue: (Specify by Object Code) 315123 PLanned Parenflood 61,283 0 61,283 ]15124 ALG/14CH HeaLthy Start (CICA 503 199,850 0 199,850 315050 A Ids/Drugs 3,78~ 0 3,784 315115 Eye Exams SHS 22,895 0 22,895 0 0 0 total State General Revenue 2,603,075 0 2,603,~,73 21 Agenda. Z SEP 2 2 Igg8 Pg o~ ATTt:HHENT I! Cottler Part IZ, S~URCES OF ~2NTRIBUTIONS TO CPHU Other STATE CPHU Trust F~i~d (Cash) Contributions Total Other Stlte Ft/x~ (Non Generlt R eYe~e F~) 015121 SuperAct Ret~senm~ 0 0 0 01030& Stationary Polt~nt Storage-OEP O 0 0 015026 ALG/Cont to C~ BJo-N~lclt ~tte (OEP) 2,OOO 0 2,000 0150~ R~i~t1~ Prot. TF/X-Riy l~tJ~ 0 0 0 0150~ RMlit1~ Prot. TF/R~ LJc F~ Trlfltfer 0 0 0150~ ALG/C~t to C~ Ssfe Onink$~ Vlter-OEP 0 0 0 Other N~ G~rl~ R~ (S~tfy ~ ~j~t C~) 0150~ TWSFERS lffTR~-AGEff~ 358,&31 0 015026 Kl~ Cite 39,000 0 39,000 01~1~ T~cco 58,411 0 58,~11 0151~ Fut[ Service Sch~t I~7,133 0 I~7,533 01517~ Basic Schoo~ Hearth ~,~ 0 ~.~ Totat State N~ General Rev~ 691~748 0 691. 3. F~erat F~ 00~9 FG TF-STD Pr~rm (~) 9,5~ 0 9,590 00~7 FG TF-C~lty TI (OSO]~) 1~,69~ 0 109,69& ~ FG TF-]~Jzatt~ Actt~ Plan (0503~) 30,M3 0 30.383 00~ FG TF-Project Ftetd Staff (0503~) 0 0 0 ~7127 MCN BLK Grt. Child geatth (05~) 11,2~1 0 11,251 007127 MCN BL~ Grt. Child ~th (0-1),(0~) ~,~9 0 007132 MCH BLE Grt. Denta[ Proj~t~ (0508~) 0 0 0 007133 F~i[y Pta~l~ TitLe X (~0~1) ~,162 0 ~,162 007133 F~ P[a~t~ TJt{e X S~ Proj (050001) 11,~9 0 11.~9 SEP 2 2 ATTACI~ENT 11 CoLLier Part ii, SOURCES OF COWTRIBUTIOgS TO CPNU Other STATE CPHIJ Trust Fund ¢Cmsh) ContrtbJtlOnS Tatar :07134 AI.G/IPO-NCHBG Htthy Start/IPO (050707) O 0 0 107134 ALG/lqCH-HCHBG H[thy Stmrt/lPO C050870) 46,260 0 /,6,260 '0713~, NC# 8LI( Grt. Infant NorS. Proj. (050870) 31,977 o 31,977 0715& ALG/I~CH-NCHBG Outr. Sac I/orkera (0S087~) 0 0 0 0t'134 ALG/IPO/MCH Outr Socqm[ Workers (050707) 0 0 0 '15020 FG TF Fm~y Trans Progrm (050329) 0 0 0 '071~51 FG TF WaC Ack, in Trmnsfer (050329) 738,627 0 738,62? Q~6S FG TF AIDS Prevention (050329) 101,6F7 0 101,677 .0706~ FO TF AIOS Sur~v/Serop (050329) 0 0 0 iO~ FI; TF Rymn ghtte (050329) 19,778 0 19,7T8 07062 AIDS Ep~d research Study (0~0329) 0 0 0 ~07~71 FO TF EPa Res Stud. of AIDS/NlQ C180000) 0 0 0 07056 FG TF Health Progrmm for Refug. (180000) 0 0 0 ;07063 PHBG HERR Chronic Dis Init (10150~) 35,000 0 *07063 PJ4BG (:hron~c DIs In~t*ClP (180000) 105,000 0 105,000 '07030 PREV HLT# BLK GRT-#tgrant Labor (180000) 24,88T 0 ,071~& PREV #LTH 8LK GRT-Rape Awareflesa(180000) 0 0 0 Other Federal Funds (Specify by Object Code) ]1506di~li~Pl~BO geatthy Co~m/l~ea~thy People 0 0 0 ~15~ntrant ReJmb Transfer 9,785 0 9,785 ]150~P'Famt[y 'P{afln|~g Stet. (050001) 0 0 0 ~07133 FJUqlLY PLANNING CONTRACT 0 0 0 )15010 TRANSFERS- I NTRA-AGENCY (PFO00) 0 0 0 otat Federal Funds 1,318,/.69 0 ~,318,&69 23 ATTACIOIENT ! ! Cot t lee Part Il. SCXJIICES OF C~NTRIBIJTIONS TO CPNU Other STATE CPHU Trult FLI~cl (ClSh) Contributions Totes 4. Fees Assessed I~ Stste or Federlt Rules or Reg~J~ltt(xsI 001091 Cemauniclb~e OIseese Fm 20,OOQ 0 2O,OOO 001092 EnYirormefltat Health Fees 206,565 0 206,S65 0~1113 #obile Ile.m and Parka 20,279 0 20,279 001517 Yite~ Stats-Adln. Ft~ SO carles 0 0 0 001132 Fo~d tqy~l~ PermSt 58,065 0 18,065 001133 OSOS Re1~lr Permit O 0 O 001134 OSOS Permit Fee O 0 0 0Q1211 Safe Drinking Qeter 0 0 0 001136 ! & # Zoned Operating Pe~tt O 0 O 00113? Aerobic Operating Peele 0 0 0 001138 Septic Tank Site EvaLuation 0 0 0 001139 #fgra~t #ouaing Permit 9,665 0 9,665 001140 Bfc~azard Waste Permit O 0 0 001141 Non-SOU~. Syste~ Permit 0 0 0 0~114:) No~ iOWA Leb Sample 1,4:)5 0 1,/.:)5 0011/.4 Tanning Fectttttes ],905 0 3,905 0011~.5 Swt,~nl ng Pools 13],350 0 113,~50 00116~ Pu~tlc Water Co~str Permit 0 0 0 001165 Private Water Censer Permit 0 0 0 001566 PubLic Water A~Ja[ Oper Permit 8,825 0 8,825 001170 Lib Fee Chemical Anitysls 0 0 0 Other State Fees (Specify by Object Cede) 010&05 NOfl )IEDICAID PHARtq~CEUTiCALS 50,000 0 50,000 010/.0] Fees-Cc~f of Publ lc Doc O 0 0 0011]] VAJ~IMICE APPLICATION 180,C~0 0 180,040 005201 S5 SEPT%C TANK S~RCHARGE FOE RESEARCH 0 0 0 015121 S~JPER ACT REII48URSEHENT 0 0 0 Totel State Fees 65:),119 0 65:),119 Z6 ~- Agenda z.tefl. "i I I ATTACNIqE#T ! ! Cot t Pert it. SOUIICES OF CONTRIBUTIONS TO ~ Other . Other Ciah ~1 On~ ~ fr~ P~tc Hel~th Trot F~, If ~. 0 0 0 01056 C~ [~:H~cald-Pha~cy 354,5~ 0 35A,5~ 01~ C~ I~:N~icl~d-Other 40,~ 0 01~1 C~ l~:H~lcltd-EPSOT 0 0 0 01~ C~ I~:H~ciid-D~tmt 0 0 0 01~ C~ l~:N~icltd-FP 100 0 100 01~ C~ ~:~tcltd-Ph~tct~ 5,0~ 0 5,000 011&T H~lcatd ~ Rate 0 0 0 01191 C~ l~:N~iclld Heredity 0 0 0 011~ ~ l~:N~fcafd C~. ~ltd 0 0 0 012M ~(~s S3.00 A~. Fee 3,~0 0 3,000 Other H~tcaid CS~ctfy ~ ~j~t C~) A Z OS 87, ~0 0 87,000 01~7 C~ l~m:~icaid-STD ?,~ 0 7,~00 0 0 0 0 0 0 0 0 0 otat H~icaid ~97,~ 1998 ATTACNIIENT ! I CoL L 1er Part I!. SCXJRCES OF CONTRIBUTIONS TO CPIIU Other STATE ClaHU Trult F~a~d (Cash) Cef~trib~rtto~ Total 7. At tocabte Eevef~ue (Specify ~ ~J~t C~) ~10~ Thl~ P~rty let~r~t 30,~ 0 ~0 InSerat E~ StiLe I~t 0 0 0 O 0 0 O 0 0 0 0 O 0 0 0 0 O~O Interest E~r~ State l~t 50,~ 0 50,~ Total All.abLe R~ 127,180 0 IZ1,1~ 18 i Agen.cl, I j~_t41~., i ! ATTAClff4~NT ! i Cot Lier Pitt I!. SOUICES OF CONTIt[BUT!OIIS TO CPHU Other ST&TE CPKI Trust Fund ¢Cleh) Contributions Tatar .. Other State Contributions not De~oal~ed in the CPI~J T~utt Fu~d 0 0 0 State Pharmacy Services 0 182,766 182,766 State Leboretor~f Services O 238,092 238,092 State TS Serv~ce~ 0 0 0 State !mmJntzatfon Services 0 155,&52 15S,4S2 State STD Services 0 O 0 State Construction/Renovation 0 0 0 VIC Food 0 3,803,796 3,803,~9~ Other CSpffct fy) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oral Other Non Cash Contributions 0 &,380,106 4,380,106 ot~te Contributions S,890,37~ 4,380,10~ 10,270,A81 27 S EP 2 Z lgg8 Pg.~ ATTACHHE#T ! ! Co~ I Pert ~1. 00UIKES OF CONTRZBUTIONS TO CPHU Other COJNT¥ CPHU Trust Fund (Cash) Contributions Totat 1. Bolrd of Cou~ty C~m~iasioners Annua I Appropriation: 008050 Grants-County Tax Direct 0 0 0 00803~) Grants Cnty Conmln Other 61&,800 0 61/*,800 2. Fees Authorized by County Ordtrmnce or Resolution: 001077 Primary Care Fees 18,200 0 18,200 001093 ConmJnfcabte Otselse Fees S7,857 0 57,837 00109~. Erwiron~enta[ #estth Fees 199,200 0 199,200 001114 Ney Birth Certificates 21,553 O 21,555 001115 Death Certificates 1&&,596 0 1/*:%$95 001116 Cofnputer Access Fee 856 0 856 001060 ¥1ta.L Statistics Fees Other 5,/,95 0 Other County Fees (Specify by Object Code) 00111? VZTAL STATS AD~ZN FEE 1,579 0 1,579 010~03 FEES FO~ COP~ES OF PU6L%C DOCUMENTS 2,000 0 2,000 012020 FINES AND FORE%TURES 3,000 0 3°000 0 0 0 00100~ Chttd Car Seat Pro9 3,500 0 3,500 Tota~ County Fees &ST, B18 0 /.57,818 28 2O Agend4 S EP 2 2 1998 ATTACHI4E#T ] I Col L Part IZ. SOUNCES OF CONTRIBUTIONS TO CPHU Other CPHU Trult Fund (Cash) Contributions Toter · Other Cash irY:l LOCI[ C~ntrilx~Sc~4 90002 Dreu ~ rrm PubLic Heltth Unit Trust Fund if any: Chon reY~q~e) 0 0 0 01090 #edLcare &6,268 0 /.6.268 ~8050 Granta-Cnty $ch Board Direct 0 0 0 Other Local Contributions CSpecify by 043jeer Code) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 otll Clsh and Other Local Contributions /.6,268 0 /.6,268 29 .RFp Pg'~ ATTACNNENT ! ! CoL t Jet Pert Ii. SOURCES OF CONTRIBUTIOIIS TO CPNU Other COUNTY CPHU Tr~lt F~ld (Cash) Contrtbutfon~ Tote~ &. AL Locmbt, Revenue (Specify by Object Code) 0 0 0 001029 Third Party aeiflts~r~t 0 0 0 0050~0 Intereet Err~K~ State lnvtltm~f~t 0 0 011099 Otb Grlnts/Oof~stiof~s Direct 0 0 0 ~ Grnts/C~tricts Otb Ag~ OtrKt 19,2&~ O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 005~0 Interest E,r~ Store l~st~t 0 0 O Total C~ty C.sh C~tri~ti~ 1,138,130 0 I.~8.1~0 3O Agen t m I s£P 2 2 1998 ATTACHIqENT l! Coitier Part II. SOUMCES OF CONTRIBUTIONS TO CPHU Other :OUNTY CPHU Trust Fund (Cash) Contributfons Totat BUILDINGS: Annual Rental Equ~viltmt Vllue 0 &O6,&O0 ~06,~00 Malnter~e 0 M,&I& 0 0 0 0 0 0 O 0 0 0 0 0 O 0 0 'oCli Bulldhqg$ 0 47~,81& OTHER CI:XJNTY COlITRIBUTIONS,IIOT DEPOSITED I# THE CPflU TRUST FUNO CSpe¢~fy) FACILI?¥ OPERATIONS 0 218,000 218,000 MEOICAL KALPRACTICE CONTINGENCY INSURANCE 0 9,106 9,106 0 0 0 0 0 0 0 0 0 toter Other Non:Cash Contributions 0 227, I06 227,106 Toter County Contributions 1,118,130 6~,920 1,838,050 23 I SEP2 lgtl ATTAC1MENT l! ~oLlter Pert il. S~L~ES OF (~NTRlKITIONS TO CPIfJ Other $tJ~nlr-y Stlte ~ C~ty CP~ T~t F~ (Clsh) C~trl~ti~s Toil( Total Stlte Contributions S,89Q,3TS &,380,10~ 10,270,481 Totlt County Cofltribution~ 1,138,130 6~9,9Z0 1,838,050 TOTAL CPHtJ PROGRAH 7,028,505 5,080,026 12,108,531 32 ATTACHMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty,), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal f'mancial assistance. The provider agrees to complete the Civil Rights compliance Questionnaire, HRS Forms 936 A and B, if so requested by the department. The applicant assures that it will comply with: 1. Title VI ortho Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefitting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. 3. Title IX of the Education Amendments of 1972. as amended. 20 U.S.C. 1681 et seq.. which prohibits discrimination on thc basis of sex in education programs and activities receiving or benefitting from federal financial assistance. 4. The Age Discrimination Act of 1075. as amended. 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefitting from federal assistance. 5. The Omnibus Budget Reconciliation Act of 198I. P.k. 97.35. which prohibits discrimination on the basis of sex Nd religion in programs and activities receiving or benefitting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide sen'ices or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. at3corgg.doc ! SEP Attachmen~V STATE BUDGET PREPAI~TION FISCAL YEAR 1998-1999 Level 100 Communicable Disease P ROG R.4M I01 Immunt:ations OBJECT CODE 10&~ SERVICE OBJECT CODE TITLE AMOt,,~T Mcdiceid -Ph~sk:im $5 CHD II~CO~,fl~ FgOM MEDIC,adD. PHYSICIAN (S.~,000.00) Smmmary for Object Code: 1084 (S~,O00.O0) Summary for erotr~m:-101- PROGP~M 102 STD OBJECT CODE 1017 SERVICE OBJECT CODE TITLE AMOUNT INCOME MED STD CHD I~CO!~ FROM MEDICAID - STD I$7.70000) Summary for ObJec! Code: 1087 {57,700.00) PROGR.4M 103 Hll 7.410S OBJECT CODE 10.~6 SERVICE OBJECT CODE TITLE AMOL%"r PHAgMACY- NiEDICAID MEDICAID KECEIPTS - PILAKMACY (53.~4.5~400) Summary for Objee~ Code: 10~ OBJECT CODE ! 0~9 SERVICE OBJECT CODE TITLE AMOL.'.'N'r CASE MGMT - MEDICAID-PAC CHD INCOME FROM MEDICAID - AIDS {S,42,000 00) MEDICAID -AIDS CHD INCOME FROM ~dEDICAID - AIDS ~Sa.~.000 00) Summar). for Objecl Code: 1089 ¢587.000 00) OBJECT CODE 10ql SERVICE OBJECT CODE TITLE A~,IOt .~T RYAN WHITE CO-PAY FEES ASS'D STATE, TED RLiE COMM. DISEASE ¢5,.0,000 00) Summary for Obje¢! Code: 1091 (520.000 00} OBJECT CODE 10405 SERVICE OBJECT CODE TITLE AMOt .~-r PHARMACY- PT. PAY NON-MEDICAID PHAILMACELTICALS ($$0.000 00) Summary for Objee! Code: 1040~ ~550.000.00) ....................... ~,~nio t0r f'ro~r£m:-lo3 ......... 158i1:~8~-00~ Summary for Le*el: 10~ (5.~24.284 00) Level ~00 Primary Care PROGR4M ~.~$ Mater~al Heaith/IPOP OBJECT CODE 1080 SERVICE OBJECT CODE TITLE AMOL.~T Friday. September II, 199~ Pale I of 5 ] sEP 2 2 1998 INC. FROM Wfl~DICAID INCO~,~. FROM MEDICAID (S20.00000) Summary for Objet! Code: 1080 ($20.00000) '~-rY ~r'ilrro~r~:~2b~' ......... (~:~0.~00~'00~ PRObleM 229 Comp. CAild Heahh OBJECT CODE 1080 SERVICE OBJECT CODE TITLE AMOI...'N'T INC. FROM MI~DICAID ~COME FROM MEDICAID ($20.000.00) S,,mmary for Object Code: 1080 I$20.000.00) Summar:)' for I'ro~ram:~29 .............. Level 300 Environmental Ileald~ PRO~P~M 348 Food H)~iene OBJECT CODE 1092 SERVICE O~£CT CODE 1TrL£ AMOI .~T N. PLAN REVIEW + TRAINING FEES ASS'D STATE/FED RULE-ENVIRON HEALTH (e~4~5,00) O. RE-iNSPECTION FEE FEES ASS'D STATE/FED RULE-ENVIRO.~ HEALTH ($120 P. ALCHOL/BEV, SIGNOFF FEES ASS'D STATE/FED RULE-E~VIRON HEALTH ($1 .~O 00} Q. LATE FEE PAYME~q' FEES ASS'D STATFJI~ED RULE-E%%qRON HEALTH ($25 Seminar? for Obje¢! Code: 1092 (S750 00! OBJECT CODE 1132 SERVICE OBJECT CODE TITLE AMOUNT I. operatin8 9 mo or less FOOD HYGIENE PEILMIT 154.2~0 00) 2. operating mote than 9 mo FOOD I-~'GIENE PERMIT {$640.001 A. HOSPITAL FOOD HYGIENE PEILMIT ¢$84000) B. NURSING HOME FOOD HYGIENE PEICMIT {S2.100 00) C. DETE~"r]oN FAC/JAILS FOOD HYGIENE PEICMIT 1S840 00) D. BAR / LOUNGE FOOD tfYGIENE PERMIT ~$2.400 00) E. FRATERNAL ORGANIZATION FOOD I~'GIE~E PER.MIT {SI.440 00) G. MO¥1E THEATER FOOD HYGIENE PERMIT ($480 00) I. AC.L.F. FOOD I~'GIENE PERMIT ($770 00) K. CHILD CARE CENTERS FOOD lfYGIENE PEILMIT (S8.~.00} L. OTI~R FOOD SERVICE FOOD HYGIENE PERMIT 152.240 00} M. LIMITED SERVICE FOOD HYGIENE PERMIT IS I.I 9000} Summary forObje¢! Code: il32 ......................... '~i,a~iry ¥~ r 'Frgir.~ :'34a .... ........ .................... OBJECT CODE 1092 SERVICE OBJECT CODE TITLE AMObT~'r A.SANITAT1ON INSPECTION FEES ASS'D STATE/FED RULE-ENVIRO~ HEALTH (~40.00) Friday. September 11, 1998 Pa~,e 2 of $ i ' 31 - X,lencl,az J,te~q ,t SEP 2 g 1998 B. PLAN REVIEW FEES ASS'D STATE/FED RULE-ENVIRON HEALTH 15140 Summ~ for Objecl C~e: 1092 PR~M ~J2 .tfigran~ ~b~ O~E~ CODE 1~2 SER~ O~E~ CODE ~E AMOt~ D. ~ ~EW ~ ~ ~E FEES ~ STA~D RULE-~RON HE~ ($140 Summ~' for Object C~e: !~2 (Sl40 O~E~ CODE 1139 SERVICE O~E~ CODE TITLE AMOI~T A. ~-~0 ~SID~S MIG~%~ HOUS~G PE~M~ B. S !- I ~ ~SID~S MIGenT tlOUS~G PERMIT C. OVER I~ ~ID~ MIG~ HOUS~G ~ ~$2.5~.~) Summs~ [or Object C~e: 1139 Summl~ for Pr~rim:-352 .......... PR~4.~f 3~4 .~fobile Home Par~ O~ COD~ I ~2 SERVICE O~E~ CODE TITLE AMOt'N~ D. PL~q ~VIEW * LATE FEE FEES ASS'D STA~.'~ED RULE-ENVIRON HEALTH ($175 OO) Summ~' for Objee! C~e: 1092 O~E~ CODE I 113 SER~IC~ O~E~ CODE TITLE AMOt~T A. I - 14 SPACES MOBILE HOME & ~CREATIONAL VEC~LE PA~ B. 1~ - 171 SPACES MOBILE HOME & ~C~ATIONAL VECHILE PA~ (S8.753 50) C. OVER 171 SPACES MOBILE HOME & ~C~ATIONAL VEClllLE PARK S~mma~' for Objeel Cod~: 1113 ~S20.104 ......................... ~.~m~'~r~5~}~:' '~ o t co t ~ICROBIOLGICAL ANdY NON SDWA LAB SAMPLE ($~ 00~ ~GIS~D SYSTEMS NON SDWA LAB SAMPLE 1S7~ Summe~ for Objecl C~e: 1142 O~E~ CODE I I~ SERVICE O~E~ CODE TITLE AMOt~T NEW LIMI~D PWS CONS PUBLIC WA~R CONS~U~ON PE~flT S0 Summa~ for Object C~e: 1164 Friday, September I l, 1998 Pale 3 of 5 No. I OBJECT CODE ! 166 SERVICE OBJECT CODE TITLE A.MOL,'NT ANNUAL OPERATION PEILMIT PUBLIC WATER A,"VNUAL OPERATION PERM1T (S~.950.00) EX'ISTING LTD PWS OPE PUBLIC WATER ANNUAL OPERATION PERMIT (S2.875.00) Summary for Object Code: Il6& ($8,125.00) PROGRAM $$8 Pubhc Drtflkmg Water Svgtems OBJECT CODE I I~ SERVICE OBJECT CODE TITLE AMOL,'NT U.I RESEARCH FEE OSDS $0.00 Summary for Obje¢! Code: 113.1 SO00 $60 Swtmrntng Pool Program OBJECT CODE 1092 SERVICI: OBJECT CODE TITLE AMOUNT A REVIEW/APPROVAL PLANS FEES ASS'D STATE,'FED RULE-EN%'IRON IIE.ALT)I (Si ?.875.00) A.'BACTI~RJOLO~ICAL RECHI:CK FEES ASS'D STATE/FED RULE-ENVIRON HEALTH ($90 00) B PLAN/APP REVIEW FEE FOR BATHI~G P FEES ASS*D STATEq~ED RULE*ENVIRON tfEALTH ($16000) C. MODIFICATION FEES ASS'D STAT£q~ED RULE-ENVIRON HFAI.TII ($6~0 00) D.~..'ITAL OFER PEILMIT FEES ASS'D STATTL~:ED RULE-ENVIRON HEALTH ($;.125 00) Summer7 for Obje¢l Code: 1097 ¢$2~.fL~0 00) OBJECT CODE I SERVICE OBJECT CODE TITLE E. B',<25000 RETRO FEE SWIMMING POOLS ~S39.T50 00) F. B*>25000 RETRO FEE SWIMMING POOLS dSg].600 00) Summa~ for Objec~ Code: 114.~ ~SI33.350 Summa~ for Program: 360 (Sl59.200 001 OBJECT CODE 1092 SERVICE OBJECT CODE TITLE A.~IOUNT A. APP. PEICMIT OFOSDS FEES ASS'D STATE,FED RULE.ENVIRON HEALTH ¢$20.625 APPLICATION REPAIR PERMIT OF OSTDS FEES ASS'D STATE, lIED RULE-ENWIRON I'~ALTH (S8.12500) B. SITE EVAL. NEW SYSTEM FEES ASS'D STATE/FED RULE-ENVIRON HEALTti ($720 00) C. SITE EVAL REPAIR FEES ASS'D STATE,I:~D RULE-ENVIRON H~ALTH (Sl3.000 00 D. SITE RE-EVAL NEW~I~PR FEES ASS'D STATE/FED RULE-ENVIRON HEALTH ($320 OD E PERMITNEW SYSTEM FEES ASS'D STATE, TED RULE.E.%%'IRON tlEALTH (545.3?$00 F. NEW SYS. INSTALL INSPEC. FEES ASS'D STATE. TED RULE-ENVIRON HE M_Ttl I~..17~ 00 G REPAIR PERMIT ISSUANCE FEES ASS'D STATE/TED RULE-E*WIRON ltEALTIt 1516.250 00 H. INSPECT EXISTING SYSTEM FEES ASS'D STATE/FED RULE-ENVIRON HEALTH ($1.~00.00 I. RE-INSP. FEE/VISIT AFTER APPROVAL FEES ASS'D STATE/FED RULE.ENVIRON HEALTH Friday. September I I. 1998 Pa~e 4of5 J. I'NSTALL.REINSP.NON-COM?LIA.,~T FEES ASS'D STATEJFED RL'LE-E~%'IRO,~ HE,M...TI! ($2.,~00 001 K. SYSTEM ABANDOMENT PERMIT FEES ASS'D STATEJFED RIJLE-ENVIRON tIEALTH l$2.000 00) M. AEROBIC TREATMENT OPERATI~O PE FEES ASS'D STATE/TED RULE-E.~¥1RO.~ HE,'d. TII (SI.200 00) N. TA~K MFG. I~SPECT FEES ASS'D STATE/FED RULE-E~'V1RON HEALTtl ($200 00~ O. SEPTAGE DISPOSAL PERMIT FEES ASS'D STATE/FED RULE-E,%'VIRON HEALTtl ($300 00) O.I-PER PUMPOUT VEH1CLE FEES ASS'D STATE/YED RULE.ENVIRON HEALTII (S-100 00) P. PORTABL/TI:NLe TOILET SERVICE PER,MI FEES ASS'D STATE/FED RL'LE-EN'VIRON HEALTH ($20000) P. I ADD PER VEHICLE FEES ASS'D 5TATE/PED RULE-EN~/IRON HEALTH (S300 00) O. SEPTAGE STAR FAC INSP FEES ASS'D STATE/FED RULE-E~VIRON IIEALTII ($300 00) S. AEROBIC TREAT ~,L~I~IT FEES ASS'D STATEA~D RULE.E~V1RON HEALTH (S2.~ 00) Summary for Object Code: 1092 {S179.340 00) OBJECT CODE 1135 SERVICE OBJECT CODE TITLE AMOt .'N'T T. VARL~4CE APP SInG FAM OSDS VARIAI~CE FEE t$300 00) U, VARIANCE MULTI FAM OSDS VARIANCE FEE ~$400 00) Summary for Object Code: ! 135 IS?00 00) ....... ~u ~'m a I;y -f~r ~ro"~ ra ~: -36~ ~SiS0.040 OILIECT CODE 1092 SERVICE OBJECT ('ODE TITLE .~1¢)! ~1' C. PLAN REVIEW FEES ASS'D STATE,TED RULE-ENVIRON HEALTH ~$1r.,.~ 00) D LATE FEES FEES ASS'D STATEs'FED RULE-ENV1RO.~ HEALTt! Summa~' for Object Code: 10~2 OBJECT CODE ! 144 SERVICE OBJECT CODE TITLE .-~.'+lOI.%T A. PERM1T -BOOTH / BED TAN,~iNG F..~CILITIES B. EACH ADDITIONAL B/B TAN.~I~G FACILITIES ¢$1.3'.~ 00~ Summary- for Object Code: 1144 Summary for Prolram:-369 ........ ~S3.9G. Summa~' for Level: .100 /.e~! 900 Transfer PROGR,~M 9/0 Surcharge OBJECT CODE I I I 3 SERV1CE OBJECT CODE TITLE 'TR.ANSFER SURCHARGE MOBILE HOME & RECREATIO,~AL VECHILE PARK $0 00 Summary for Object Code: I 11.1 SO Summary for Pro~ram:'tl~' ....... $0 ~0' Summary for Level: 900 Grand Total (S965.868 Attachment V COUNTY BUDGET PREPARATION FISCAL YEAR 19~-1999 Level !00 Communicable Disease PROGPMM I01 immuni:atio~ O~E~ CODE I~ SER~3CE O~E~ CODE ~E AMOL~ ~lu Medi~ ~CO~ ~OM MEDIC~ ($34,2~.~) ~v~, M~i~ ~CO~ ~OM ~DIC~ Summa~' for Object C~e: I~ (S3~.268 O~ CODE 1~3 SER~CE O~E~ CODE T~LE ~u - Cu~nt ~ P~ FEES ~S'D COL~' O~-COMML~ DIS~S Flu - ~ Pay on Ac~ FEES ~S~ COb~ 0~O~ ~S~S H~p B - ~ P~ ~ES ~S~ CO~ O~O~ ~S~S Int~matio~ T~el FEES ~S'D COL~ O~OM~ DIS~S (S~0 ~ ' ~ P~ FEES ~S'D COL~ 0~O~ ~SEAS ~v~ - C~ ~ ~ FEES ~S'D COL~' O~I~OMML~ DISEAS (S~ Rabies - ~ Pa~ FEES ASS'D COL~' O~I~-COMM[~ DISERS Summa~ for Obj~l C~e: I~J s~mmi~ f~r p~nm: 10f ' ~ ~ ~S~,~0~'~ O~ CODE SERVICE O~E~ CODE T~LE AMOI ~ MEDICA~ ~COX~ ~OM MEDICARE Summa~' for Objetl C~e: I~ O~E~ CODE 1~3 SER~CE O~E~ CODE TITLE CL'R~T ~. PAY FEES ASS'D COL~ O~I~OMML~ DISEA~ Summ~. for Object C~e: !~3 PR~M 180 t~tal Statttt~c~ O~g~ CODE SERVICE O~g~ CODE T~LE I. BIR~ ~O. C~ FEES FROM ~TAL STATISTICS ($~.499 00) Summao for Object C~e: i~0 ($~.a9~ O~ COD~ I 114 SER~CE O~E~ CODE T~LE AMOt3T 2. BIRTH ~R~CA~ VITAL STATS - NEW BIRTH CERTI~CA~ Summa~ for Object C~e: I 114 ($2 I,~ SEP. 2 2 1998 OBJECT CODE I I 15 SE RVICE O~J£c'r CODE TfT1.E A MO 3. DEATH CERTIFICATE VITAL STATS . DEATH CERTIFICATE (Sla4.596 00) Summlry for Object Code: l I I$ (S{44.596 00) OBJECT CODE I 116 SERVICE OBJECT CODE TITLE A.MOt ,~,'T 4. OUT OF COUNTY VITAL STATS - COMPUTER ACCESS FEE ¢$856 00) Sommmry for Object Code: I 116 ($8~. 6 00) OBJECT CODE I 117 SERVICE OBJECT CODE TITLE 5. ADMINISTP.~T1ON FEE VITAL STATS OR CHD - ADMIN FEE $ 50 fSI ..~'q Summit' for Object Code: 1117 fSI Summary for Prollram:' [80 ..... i$1?.t.OSI 00') .......... s--. g-m ?or-/,,:,i: ....... Level 200 Primary Care PROGIL4M 229 Comp. Chdd Health · OBJECT CODE 1004 SERt, ICE OBJECT CODE TITLE t CITILD CAR SEAT INSPECT CIlILD CAR SEAT PROGR.AM FEE IS3.500 Summa~ for Object Code: 1004 IS3 .c00 00) OBJECT CODE I SERVICE OBJECT CODE TITLE AMOt .~'T Immig Phy - Pt Pay FEES ASSESSED COL.~TY ORDINANCE-PRIMARY (53.~34 Summa~ for Object ('ode: 1077 ,S3.034 OBJECTCODE SERVICE OBJECT CODE TITLE .%MOt .~1 Immig Phy - Pt Pay FEES ASSESSED COUNT~' ORDINANCE-PRIMARY (S9.816 00~ Pre-Emp Phy - Pt Pay FEES ASSESSED COL.rNT¥ ORDgNANCE.PRJMARY (54..150 Summary for Object Code: 1077 ($14.26600) OBJECT CODE 10403 SERVICE OBJECT CODE TITLE AMOL .~T Fees for Copies FEES FOR COPIES OF PUBLIC DOCUMEN'IS ($1.728 00} Summary for Object Code: 10403 (S1.728 00) Summary for Prolram:-~lf' ....... (~1 Level 300 Environmental Health PROGR.4M 352 Migrant Labor Camp Friday. September I I. 1998 Pale ~ of} OBJECT CODE 12020 SERVICE OBJECT CODE TITLE A,~IOL..~'T G. FINES FTN~ AND FOR~'E~ ($3,000.00) Snmmlry For Object Code: 12020 ($3.000.00) ~". ~'m ~-ry 'l~r'~'r ~'r ~: -3'S2- (-~3~'00G~00~ PROGR.,U,I $$4 Mobile Home ParJa OBJECT CODE 10403 SERV1CE OBJECT CODE TITLE AMO~. ,'~'1' E. COMPUTER. PRJ'NTOUT FEES FOR COPIES OF PUBLIC DOCUMENTS ($10000) F. CODE XEROX IOD - 26 FEES FOR COPIES OF PUBLIC DOCU~,~-'NTS (Sl2.00) Snmmary for Objett Code: 10403 ($112.00) Semmiry for Progrim:-JSaT' PROGP~fM $$? Private OBJECT CODE 10o4 SERV1CE OBi:CT CODE TITLE A WATER CERTIFICATION Le. I i I:RS FEES ASS~ COUNTY ORDIN.E%'I,1RON FEEALTH $0.00 Snmmiry for Object Code: 1094 $000 SummIry for Program:-.I$, PROG/C4.%I $60 Swimming Pool Program OBJECT CODE 1094 SERVICE OIMECT CODE TITLE AMOt .'N'r B. SWIMMING P. TRAINING FEES ASS'D COUNTY ORDIN.ENV1RON HEALTH (SI.200 00) D. BACT. SAMI~LES.OV, .'NERS FE ES ASS'D COL,'NTY ORDIN. EN'VIRON HEALTH ($19/!.000.00) Summar7 for Objex! Code: 10~4 (SI99~00 00) OBJECT CODE 10403 SERVICE OBJECT CODE TITLE A MOt .'N'T E. COMPUTER PRINTOUT FEES FOR COPIES OF PUBLIC DOCL'MENTS (SI00.00) F. 10D-4 XEROX FEES FOR COPIES OF PLrBLIC DOCt~,~,IENTS ($60 00) Summit)- for Obje, Code: 1040~ (SI60 00) Grind ToIII (S~04,056 00) Friday. September I I, 1991 Page 3 of 3 Agencll % t, eq ATTACHMENT VI FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Location Owned By COLLIER COUNTY HEALT~ & 3301 East Tamiami Trail Collier County PUBLIC SERVICES-BUILDING H Building H, Naples CHD/ENVIRONMENTAL HEALTH 2800 North Horseshoe Drive Collier County CO-LOCATION WITH Naples DE%-ELOPMENT SERVICES IMMOKALEE SATELLITE 419 North First Street Collier County Immokalee A. Clinical Services Collier County Health Services Facility B. General Public Health Services Collier County Triple Wide Mobile Office Unit AttchVI 8 9. doc ATTAC~ VII DESCRIPTION OF US£ OF CHD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) DESCRIPTION Special CONTRACTS (Please list separately) Special contracts are contracts for services for which there are no comparable services in the count)' health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to SAMAS Level 599 and include some contracts formerly handled at the district offices such as Epilepsy, colposcopy, Project WARM, community plan~ing and special family planning and teen mother projects. ' !. Healthy Kids: :$300,000 of funding from Isabel Collier Read and Cleveland Clinic ($150,~)00) shall be received. The Health Department shall administer the funds for the provision of the Healthy Kids Corporation in Collier Count).'. This funding is not fi.om or to affect the Health Department Trust Fund. Therefore, this is not delineated on AtUchment II, Pan !. 2. S150,000 (est.) of state funds, due to Healthy Start. from unspent contract provider allocations. ' attch789.doc A~en I siP z 1998 ATTACHMENT VIII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY CO$1~IIS$10~'~ERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHD to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. ^~viii19cor.r~.doc EXECUTIVE SUMMARY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE CONVEYANCE BY COLLIER COUNTY OF THE MARCO RACQUET CENTER; JANE HITLER PARK; FRANK MACKLE PARK; LEIGH PLUMMER PARK; WlNTERBERRY PARK; TRACT "C" PARK; TRACT "D" PARK TO THE CITY OF MARCO ISLAND, FLORIDA. APPROVAL OF BILL OF SALE DOCUMENTS. OB,IEC'FIVE: That the Board of County Commissioners approve the conveyance by Collier County of the Marco Racqu~ Club; Jane Hitler Park; Frank Mackle Park; Leigh Plummet Park; Wintcrbcrry Park; Tract "C' Park; Tract "D" Park to the City of Marco Island, Florida. CONSIDERATIONS: The City of Marco Island was incorporated upon favorable referendum vote Augus~ 28, 1997. On August 4, 1998, the City of Marco Island applied to the Board of County Commissioners for · ¢ conveyance of the above-referenced parks. 'The Board of County Commissioners of Collier County, Florida has determined that it is in the best interests of the County and its relations with the City of Marco Island to convey sa/d park~ites to the City of Marco Island upon conditions that said parksites shall be operated, administered and maintained by the City of Marco Island as public parks with equal access and use for all County residents. Pursuant to Sections 125.01 and 125.38, Florida Statutes, the Board of County Commissioners determined on August 4, 1995 that County owner~h/p ofthese parksites is not needed for County purposes and conveyance of the parksites to the City of Marco Island is satisfactory for the requirements of park and recreational use for all the residents of Collier County. The following restrictions/protective language have been placed in each statutory deed pursuant to Board direction: 1. The City shall not discriminate or treat with any distinction any individual because of threat indiv/dual's race, color, religiol~, sex, national origi~ age, handicap, marital statu~ or residency with respect to any activity occurring within or on the deeded property. 2. The City shall not assign, sell or lease in whole or in part, the deeded property without prior written consent of the County. 3. If this property shall ¢~er not be used for public recreation/public park purposes, then Grantor may obtain automatic reversion of said property unto Grantor upon Drool st,,4 -'-,,,~-,,,~ of , EP' Z 2 1998 same in a court of law. Grantor has the right to enforce all easements, restrictions, provisions and resev,,ations ofrecord by action at law or in equity. 4. If at any time the City of Marco Island shall no longer exist as a municipality, the property conveyed hereby shall, ipso facto, revert to the ownership of Collier County. FISCAL IMPACT: The County shall receive ten dollars ($10.00) per park property conveyed to the City of Marco Island. The City shall bear deed recording costs. The County shall transfer twenty-five thousand dollars ($25,000.00) to the City of Marco Island reflecting annual tennis · memberships collected in advance. GROWTtl MANAGEMENT IMPACT: None RECOMMENDATION: 1. That the Board of County Commissioners approve the conveyance Io the City of Marco Island the following named parksites located within the current jurisdictional boundaries of the City of Marco Island: The Marco Racquet Center, .lane Hitler Park; Frank Mackit Park; Leigh Plummer Park; Winterberry Park; Tract "C' Park; Tract "D" Park, more particularly described in the statutory deeds attached hereto. 2. That the Chairman of the Board of County Commissioners of Collier County, Florida be authorized to exec:~te the anached Resolution and the necessary statutory deeds. 3. That the Chairman of the Board of County Commissioners be authorized to execute related Bill of Sale documents approved by the Public Services Administrator and the County Attorney. · Prepared by: Date Assistant County Attorney Approved by: Thomas ~t/. O~i~ Date Public Serv/ces Admin/strator h:ew/execulive ~m~ry/c~r~'y ~ to Ci~ of Mar~o l$1al~d ! RESOLUTION NO. 98 2 ' RESOLUTION OF THE BOARD OF COL ,%'TY 3 COMMISSIONERS OF COLLIER COU.%'TY, FLORIDA. 4 APPROVING THE CON%q~YANCE BY COLLIER COU%"I'Y OF $ THE MARCO RACQUET CENTER; JANE HITLER PARK; 6 FRANK MACICLE PARK; LEIGH PLIJMMER PARK; 7 WINTERBERRY PARK; TRA~ "C" PAR.K; TRACT "D" PARK 8 TO THE CITY OF MARCO ISLAND. FLORIDA. 9 10 WHEREAS, the municipality known as the City of Marco Island, Florida was incoq',orated I ! upon favorable referendum vote August 28, 1997; and 12 WHEREAS, the City of Marco Island, by and through its City Council has applied to the 13 Board or Count)' Commissioners on August 4, 1998 f.or Ihe conveyance of. several County-owned 14 parks located within the jurisdictional boundaries of'the City of. Man:o Island; and 15 WHEREAS, the Board of County Commissioners of Collier County, Florida has 16 determined that it is in the best interests of. the County and its relations with the City of Marco 17 Island to convey said pnrksites to Ihe City of'Marco Island for nominal value upon conditions that 1 g said parksites shall be operated, administered and maintained by the City of Marco Island as public 19 parks'recreational areas with equal access and use for all Count,., residents; and 20 WHEREAS, on August 4, 1998. pursuant to Sections 125.01 and 125.38, Florida Statutes, 21 the Board of County Commissioners determined that Count)' ownership of said parksites is not 22 needed for Count).' purposes and that conveyance of' said parksites to the Cit)' of Marco Island is 23 satisfactory for the requirements of park and recreational use for all the residents o£ Collier Count)'. 2.1 NOW THEREFORE, BE 1T RESOLVED BY THE BOARD OF COL,%FrY 25 CONf%IlSSIO,',rERS OF COLLIER COb.'NTY, FLORIDA, that: 26 I. The Board of County Commissioners for the nominal price often dollars {SI0.00) per parcel 27 hereby approves the conveyance to Ihe City of. Marco Island the following named parksites 28 located within the current jurisdictional boundaries of' the Ci~/or Marco lshu~d: The Mareo 29 Racquet Center. Jane Hiller Park; Frank Mackle Park; Leigh Plummer Park; Winterberry Park; 30 Tract "C" Park; Tract "D" Park, more particularly described in the statutory deeds anached 3 ! hereto. 32 33 2. The Chairman of the Board of Counly Commissioners of. Collier County, Florida is hereby 34 authorized to execute the attached statutory deeds. 35 36 This Resolution adopted this ~ day or , 1998, after motion, 37 second and majority vote. , 38 DATED: BOARD OF COUNTY COMMISSIONERS 39 DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA 41 By: 42 BARBARA B. BERRY, Chairman 43 O 44 Approved as to form _ 4S and legal sumciency AGENDA ITEM . - 46 45 David C. Weigel "' ~1 - 49 CountyAnomey ~)E? 2 2 ~ :~0 h e~. 'tnMuw~n%'m~,~ ~ m C,~/of Ma~o Islmd ~ ~T/kT~'TORY Di~RD' nud~ the COU~t'Y. ~ gll~ SUbd~Ws ... ....... ~ ~ of_ h~.lib, 1~C83~ and ~) ~~: ~T ~o Gmnml. fur ~d m ~a~fl O~ thc mm ~'~n Dn]2n~ (S1~.~) dC~l,e~ ~n~ ~g and l,cm~ ~ ~Uicr ~um~, ~r~a, ~; ~c O~n:ee s~ ~f d~alml~te or ~ln or ~ tlm ,~eg ~ ~, ~i~ I~fu~ Or sr~i(le~ ~ re,p~.t If ~ pm~y ~ ~ riot ~ ~ ~r thc zl~hf to en~r~ ~11 e~srm~ ~i,~. ~Oa pfn.f ~ ~d~cnl nf ~me m a ~ ~,r l~,. Ir ~: a~ ~e t~ ~ re~d ~ ~on a, law or ~n eq~. iAa!~ i~o ~clu, r~ fo ~ ~ ~ hl~ ~hlU ~ lon~ ~i ~ a mg~'pa?ify. ~e pro~ ~ ~SS W~, ~ I~ ~aato~ ~ ~ ~ p~e~g fo bc c~ufed In uf Cnun~ ~n)m~slo~ n~ng ~ ~ ~n ,w ~e ~an or bM ~rd, thc ~ay ~ST: D~G~ E. BR~ Oort BO~ OP C~L~ ~SION~ ~ Dep~ ~ ~__ ~ AGENDA ITEM., 0. SE? 22 1998 Pg., 14. 1998 ~Z:88I:~1 (I:K~.TZ1E:L&I~DI~[SS) - ' I%~0.96~ P.~ <~ EXHIBIT MARCO BEACH UNiT TWENTY-FIVE TENNIS CLUB S~TE LEGAL DESCRIPTION · That certain parcel'of land lying in and being a par= of ' Trac~ "C" of MARCO BKACH UNIT TWENTY-FIVE, according to the plat thereof recorded.in Plat Book 12, Pages 2 through 5 inclusive, of the Public Records of Collier County, Florida, .Seing mc=e particularly described as follows: BEGIN a= the Nor:hwest corner of said Tracc "C"; run ~hence S89"36'28"E along the South Righ=-of-way Line of Sta~e No. 92, as shown on said plak of M~rco Beach Unic T%-:en~y-Yive, a distance of 275.00 feet to a ~o~nt; ~hence run a distance of 365.~0 feet; thence run ~89"36'28"W a distance o~ 257.83 feet to the West Boundary of said Tract "C , o . "' thence run N00 23'32 E along said West Boundary a distance of fee= to the Nor=beast corner of Lo= ~0 of Block 261 of :.:arco Beadh Unit Eight, according to :he 91at =hereof recorded in 91a~ Book 6, ~ages 63 through 68 inclusive of the ~ublic R~cords of Collier Coun~, Florida; =hence ~un N~9'36'28"w along North BounWa~y o~s~m~.o= 10 a distance of 17.17 fee= :o the Southeas: corner of Lo- -~11 of said Block 161: N05~23'31"£ along the East Boundar~ of said Lot 11 a dis=ance of llO.00 gee~ to =he Point of Beginning. Containing 2.20 acres, more or less. AGEI)I.DA ITEM x OPTION ~RC~L TO THE ~IC~UET CLU~ OF ~RCO Legal Oesc=ip ~io~ Tha~ certain Parcel of land lvlr,~ in " A REPLAT OF A ~ORTIO~ OF ~RC~ 8EACH and being a par= UNiT TWENTY-Fii,K, plat ~kereof recorded in Plat Book 12, Pages ~6 ~hrou~h ~9 inclusive of the P~lic Recor~ of Collier County, Florida, beinq more par:icu- lar!y de~cribed as follows: Commence a~ the Nor , .un thence S89-3~,2~,,. _~nc ~u~:lic RecOrds of ~,,.' ,a.co Beach Un~c T,.'n F G N ai a distance of 257.83 fee~ tc t?,~ - ..... ~-~a c ~ u t h....,es ....... parcel and a Poin= on the ~'fes~ ..c rv Lime of afo"~said Tra:: thence S00"~'32,,,; , "= unda - cor~er cf ~aid ":;:1 incluf~,. . -- ,' axong Satd ;'.'=st ~cunaarv Lin.~ 257.~3 feet: thence N00"23'32.,c a dastance cf 130,00 of Becinnlnq ' - , Concainin~ 0,77 %Ores, more cr less. AGENDA.ITEM . - Z 2 1998 1,1~OYECT: ~d D. y~n~c~ ~qutrc ~ta~n. wh~c p~t o~ce lddr~s ~ 9~0 No~ Col~cr Bo~c~rd, Sm;c ~, ~ b~n~ ~oF~ 34145 hcim, su~;~ ~nd assigns) doc~bed l~d l~ng and ~in~ tn ~iltcr Count, Florida, $ub~ to ~s~nts, re~t~c~ons, ~nd r~e~at/ons ~f record. ~ Ora~t~ shall ~ot dts~imina~c or treat ~th any dtstinction any t~di~d~l ~ of that ind~d~l's ~, ~t~ or on ~e ~ pro~. ~c Orantea s~ll not ~s:~. se~ or lease in whole ur in part. ~e de~ed proper~ ~tl~u~ ~he p~or ~tte~ ~cnt of the ~rantor. If Ibis property ~haH e~r not bc used for public r~rca~o~pub~ p~k p~o~, ~cn Gr~tor may obtai~ auto--tic r~ton of ~d pto~rW unto Oran~or upon p~aof and Judgment of thc ~t to ~for~ I~ ~s~en~, r~wictions, prox,~ions and rcscrva~on~ of r~rd ~ actio~ a; ~w or in equi~. If ~ ~ny ~e ~e ~ of ~rco Island $~ll no lan~cr ~t as shall, {p~ ~cto, r~ to the ~e~hip of C~lhcr C~un~. ~ ~S ~OF, thc ~aid Grantor ha~ ~u~cd these pr~en~ to bc ~ted of ~ ~sion~ a~ng ~ Ibc Chairman a~ Vt~ Chairman of Sa~d A~ DWIG~ ~ B~OC~ ~k COLLAR CO~, ~, Deputy Clerk AGENDA LTF2~L ~ '7 ~h~ Or Off ~ ~d p,upcr~. f~ I~ prop~r~ s~l ~c: ... be u;e~ lot p~bhc Te,'cea~r.~=~c ~rk ~p~c.. :~ ~ntor may nht~b, Aa Ir.~: BO~D OF CO~ By AGE.ND& ITEM \ ~ EP 2 2 1698 pROJECT: pA~C~L~ L~IGH PLUM2~iEI~ pARK FOLIO: ~th~t opinion of title ~ sn~ ~r r~rd~g ~t~ ~h~d D. ~sn~ch, ~q~tc Rachel ~ ~dr~, A ~g~ Profe~Monal ~soc~tion ~non ~nt~, ~trd ~o~r ~0 P~tk S~ Dtivo NapI~, ~oflda 34103 CSvacc abov~ ~hi~ linc f-r r~r~in~, data~ ~A~ORY ~ ~S STA~ORY DEED. ~de t~ ~ ~ay of ~ _. 19_~ ~ ~~ ~~. a politi~l subdi~ion of ~ Slam of klorida, whose mailing sdd~S ~ 3~01 Tamiami ~1 ~t. ~or~ 34112 ~erem~er ~H~ the "Gr~m~'), ia C~ OF ~~ ~. ~~ ~ mun~l ~rpo~n. wh~ ~st offl~ addr~xs ii 950 Nor~ ~llic~ Boul~a~. Suit6 ~30~ Ms~ Island. ~onda ~145 (~r used herein, the terms "Grater' and 'Grantee' mch~dc ~l] parlic~ ~ ~s t~t~cm sad thczr rc~pe~ he~, su~to~ and asfi~s) W[~SS~]: That thc Oranlot, for nnd in con~iflcrallon of thc sum often Dolla~ (S10,~) to it hand ~ thc Grsnt~e. re. Spt whereof is hc~c~ acknowledged, has granted, b~rgam~ sad sold io ~he Grant~, thc d~c~b~ lane lyint a~d bc~ ~ Collier Counly, ~orida. viz: ~a~ B nf M~CO B~CH, UNIT ~4REE, a lubdtvislo~ a~ordm[ m the plat thereof, rc~rd~ in Book 6, Pages 1~ through ~, inclusive, or the Public I~e~rds of ~er ~un~. ~orida. ~c Grantee l~ll not d~iminam ar treat wi~ any ~a~lnclion any ink.dual bemuse of thal individual% ~or, religion, l~, ~attonal o~gm, ag~, ~nai~p. marttal ~ta~us or rcMden~ ~th r~p~t to ~ay act~ity ~h~ or on Ibc de.ed propcrW. ~e Granlc~ shall not assign, sell or Ica~c In whole or :n part, thc d~d~ properW ~tho~t thc prior ~nscnt of thc Grantor, If this propcr~ shall c~r not ~ tltcd for p~tblic rc~catio~public p~rk pu~, then Grantor may auto~c reversion of said property unto Grantor upon proof anti judgment of 8amc ~ 8 ~um of law. H at any time thc Ci~ of M~ Island shall no lanier ~i~t as a municipalS, the p~opcr~ ~nv~cd hc~y shall, i~o facto, r~er~ ~o ~c o~c~hip ai C~llier ~unly. ~ WI~SS ~4E~OF. the ssi00rantor hal ~uicfl ih~c prc~en~ ~o be ~lcd in its ~mc by il~ of ~unW ~mm~loncrs acting by the Chairman or Vice ~airman of S~d Boar& ~a day and year off,resold. A~T: B O &~D O F CO ~ CO--IS S 10 N~ DMOHT E. BRae& Clerk COI.I.1ER COU~, ~ORIDA By: ___ . , Chairman _, Deputy Clerk . ~ , (OmC~ AGENDA.ITEM \ Z Z pg. (~ PRo.rP:CT FOLIo: Yr'OGO4GOU~ R~c~ O. Yov.~vlc~ ~'aplc% ~O~ 34103 (~1) 1~{I~ ST^TLTOR~/ ~P-ED, mndc bc:rq, ~u:~ and ~ACT 'A' of ~ACO B~A~I, whb:= or c~ '~c dc~t~ ~ ~.~1~ prOpc~ s),~l: ~'c; not bl ,,sod ~r p~b~c ~c~ ~3Hcr~ubhc ~,~k P~CS the~ G auxomaac rrvc~lon Of sa~d l~pcr~r Unto O: ~n{or ~cr ~.v ~e :be ~ or M~:o n!a~ *haU ~ Ion~r ~;., ~ ~ m~idp~:.y, ~e pto~ ,u~c hcrchv DWlO~ ~ B~OCM. Clark BO~ OF COL'N'~ C~I~IUN~S CO~IER ChUNk, t*LOR~A I Z Z 1 98 !,eiT~. ~u~ssota nnd A PORTION OF ~r "c, ol ~0 BF:AC':: [ "Vi" BOOk 1.S~, ~t Y~c 1297, .[ tl:~ PU~I:c R,~,,,rdi 3f ~Jlicr C,.:;n~y, 4 r- ,r. ' ~t ~(D ~,~ ~C~ If ~::' prcpcp, y ~11 ~ noi ~ ~cd th pub;lc /e~ccr~nn/},u~ P~k pull--es, ~oa ~nrr~ m~y o~t~n ~ulO~.~ r~ur' c:*~d ~.)p~r~* ~r~ Gr~r u}~n ~:CCl an: ].,~mcnI ot 5~me i~ ~ ~.1 c~ t4w C. ra~tot ~b~!. :~o ~o. rr~tl lC t~c O~c:,h~p ct Uolhcr Cx,.,.y . IN WJ~q~ ~{~EU~'. t}~ ~id ~lntor ha~ :-~.~rd b~,c pm,chh ,u bo ~t~ h, t~r name ~y MWiO~ E. BRUC~ C~c~h BOARD oF' C;02.'N-~' CO~iON,~s AGEND6 I~M 1998 SIP. 14.1 ~c~.~. : 2: ,~.6.$~ (pOE T:'EL,~F~;C.~:T C,!, ', - I -- i PI~O,F~C? ?ARC~2!; T~ACT D PARk' FOLIO 57~1~9 R~ & ~flr~, A Legal Profe,,Rm~ ~IlS ~'I'A~T~RY D~D, m~ the., _ ~nrid. ~lll2 (hClcina~r~ c~Ue~ the '~an~m'), ~r~cn: of the ~an:cr. AITEST: ~ bepuD' Gcrk EXECUTIVE SUMMARY ~D THE PARKS AND RECREATION DEPARTMENT FACII.ITIES AND ()L'TI)(~()R AREAS LICENSE FEE POLICY Objective: That the Board of County Commissioners approve a Resolution amending tl~c c'ollicr County Parks and Recreation Department's Facililies and Outdoor Areas License and Fee Policx. Consideration: The Board of County Commissioners previousl5 adopted Rcsolutitm ~2-1~ S establishing a County ~licy to maximize utilization of user t~es and ' or concession revenue to l~arliall? ot'l'sct oDcrating ct,~ ~1' t'arks and Rccrealion programs. The Board has also adopted subsequent Resolutions rcgardi,g fccs and char~c~ I',,r ~r~,gr'ams and facility u~. ~is Resolution includes the folloxving fee changes: 1. The marketing fee for programs will be eliminaled. 2. The County percentage will change from 30% It) .~D o for prourams run al C,,tmtx facilities, and will remain 30% for programs run at Non County facililics. 3. Consequently. the non-staff inslructor percenlage xxi!l be rcch~ccd County hcilities. 4. The associated fees for the Collier County Racquet Q'cntcr xx ill bc 5. Fees fX~r the Naples Fitness (/enter will bc raiscct SI 'dail'. x isi:. 5f m,,~ihlx pc,~l. $10/ 3 month pemJl, and $40 annually: hmvevcr, the new Ikcs roi]cci a dual ;m:mbcrshi inclusive of tax. Also a babv-sittinu t~e has been adcied, a> this sc,x icc the Naples area Fitness Center expansion. 6. Co,orate mem~rship discounls x~ ill be reduced 10-20~'.0 depending 7. Leagues will ~ charged the lighting l~c for practices. revenue from these changes is reflected x~ iflfin the FY Oq proposed btidgcl. Ibc pro[,i,~cd mncnd~lenls are depicled in the pm~d draft by strike-lhroughs and underlines. Growth Management: None Fiscal Impact: The revenues associated xxith this Foe schedule hnxc been prcx iouslx I~ud2ctcd and Icnlativels' approv~ by the Board for FY99 within the general fund (001). Immokalcc Special District fund {111 }. and the Golden Gate Community Center fund (130). There will be no fiscal impact as a rcsuh of this Recommendation: Staff recommends lhnt the Board apprmc thc rosolt~titm amcntli~u tlxc parks ancl recrealion fee ~licy. Prepared by: J Murdo Smith. Recreation Nlana?r Dcpa~ment of Parks and Recreation Approved by: ;M~;la~am~y. Director Depa~ment of Parks and Recreation Reviewed and ,roved by:' lr~~ [~ RIiSOLUTION No. 98- i~,ES()IA '1 l¢~X .x\II~NI)'ING SI'[iCIFI[:D PAll'l'.% ()1: AI('II('I.Ii I\ Ol: 'I Ill. ( (~I.I.II.;R COt;STY P..'sRKS & I~IX.'III[..\I l)El'..\t{'l.Xlli\l I-'..\(~II,ITIES AND OI'TI~OOR ARE:\N 1.1('1.155,1. A.NI) I:l~ll 1'~1.1( ~. AS .A,:,IENI)ED s,\ tlhl,t:..~.. :i:.' [)ire,:tor of Parks and P, ecrc:mon h:,s rtet.'o mll!t .:t ;.',, '. !: ',.' i ~,.,~1,: ' Count)."Commiss:, ::::, :h,~: thc t'ollowing changes be made m tilt' ('mlmx', Fee Polic.~ a~ i,:,t ,=:::::;J:J !,> Resolution No. 9'7-3(11 on Jul>' 2'/. l~m7 '11;,: (al that thc cu."rc;;: "::~.,:ktetmg fees" be etiminaled: ih) that the "{nslruch the "Clinics" l':,,-:.:',i,,:: hc:'.~t.c:~ the Instructtms~ ;md the Cram.', li,r h:slru~.h~,:xsl I'r,,~':,:::;. ,::,J.: Clinics conducted, ,:~ ,~:'.,. (. ,~untx, facihtx-, be a 65% - 't5% splil, and be Programs .'raj ~'h:.. . :.: ~c:cd ,,n a n,,n-Coum.~ lacility; (c) thal d:c Center" fee.', ?c ci:::.::.,::,.d. ~d~ t~,;.l| thc fitness comer rates i'orNap,c," ' a:c ',,,.,~..' ' :~'K..,: ,~' .... conlbJrlation t~: :i:,. 7., ' ,::. ! l}ic bdh.x.sltti~g sgr~.lcc'~; It..) JJlal t}l¢ ,:~rp~,r,:w ,.::. ,..:.': ...:.:..:.,,... , adjusted, and Jr, :ha: :;....,::,;c',;c leagues ar,,' ch',,.trgcJ hgh! fees for pract~o:5. \VIIEP,!:..\>. ti...J.,,a,,,J -' o~ Cc,un:', Con',:r,:ss~oners :~ccep~. thc ~: .................. ' · . ' ' .::, ,,: ':.,. Director of P~.:i,,-, a:.: NO~,\. 'l'lll~l/l~l.'OliE. lie IT RESOLVED BY TIlE BO..\RI) CO.~I.MISSIONFIO, ¢ IF ('¢)Ll.I Ell cot'.~'r ¥ that: Ar'ti,;'..: !'. ,: , .i:e.- £'¢unt.x's tar~s ,",nJ P,t'creation Fcc t',,hc>. amended a, :, ,i., .... 1. .A,~i.:i'-'i'.' x ' :::F:.~ge6~ .... : ,' ' .... ,' ." .. . _ c., ll,d .~,,,~.~4~Fc~'"shall~'.:~'." .............. '.' .'.~;,...~.' ...... ,... "'~ Noa-$',::: ;:.' r,>~ :mt ¢o:,t.s f,.,r s;;p?;;¢> anJ equipmcn: ' * ?.¢ ,' - . ~ . ¢la~: :~: ;'..i: , '.=..:;~ u:' the I",:.-,,ts s!:,='.', t,c spii~ t, ep,~'e:~ ',!'.c n,,:: >x,:: :::,::,,,:: . .. follo~t, ¢~" '. :!:: ~:,,r.-s:::t't'instn,clorIst a::d ~5% to thc ('oun:.~ !,,r ,(,'. -~;~!: I:::-:-:.:, :; .:.:. Pro_~:.::::, ,. ;..: .::..,: , ,. (.'ol!~er (.'ou~'~l.', [:a~'.',::it.s At'l~r the s',~b:rac:i,,::. '.h.: F:"-:..':;, :'. :': lns'.r,;,:h. ::.: 7' :'r.:::;, c~mducted on non-('o',:.?,? I'a,:ihlics sba! II1~',."'...~;, : , , '." *,~ :?;:2 ('t'ql~l.k- ~ .-\rl,;c;; '.'¥. '.:.' :: Il ·., ~ .. =.t ...,," , .. .. cn,:,io., .-\h....',.~.. ,:l paragraph ' ,.:'. ;'.;._: ' ~-:.'.' :.: , .: Cot::::', J'.::, . ..:.: i.~c:r:,::io:; [.e,~..:uc.-," s~' ' rcaJ "1 I'r,"ram .Minimum Registration Fet' per Parlicipant per I.engue : ' I ;'.;....., ..:.. r'c char,ced hghl lees for practice.,,, buI 4. Alliclc 1",'. ',..~"' :. 1[. cn::tlcd ".-\thio:its" al paragraph 2. ~::~ pa._'c t,~ cn::d~.,! "( ,,Ii ,.: Court:.', ['.::~.> .::: ~. I4;'crte.<~o:l Co-sponsored l.c,~gucs" shall read: "2. I.t':]=ut' I .~ pt' Fee I'c,' Parlicipanl Per League Play '..:'.-:: $2g.00 ':, :!:!: S 70 per regislert'd pla:, Include.,, pho,,:l,, 5. Arllc]c IV. s..,::,.:: II. cntldcd "Athlctio," rcnumb,:red p,~r.q.:raph t)5', ,.:' fi'.c fccs :o thc group or ii:dividual(s) and 37~, -f :he l~.'c~ ',., '?... C ,:: C~::'.:c- c,q~Jac:ed on any County l~cility. 2. -,, ..: :::: :~c~ :o the group or i:~dividualfs~ ~d 30~ o of it:,: :'c~'~ :,, :[:.: (',..:::'.. C'im~,, conducted on ~y non-Cowry facility. Ik,,r::, ~.ce :Or facility rental." 6. Article IV. Section 1. entitled "Collier Cowry Racquet Center" ~pa~tes~ V arm g s.,,t..~' deleted a:',J ~'c "Rvw~ Article IV. <ccm,n K. entitled" Collier Cowry Fimess Center -- Naples and Im:n~kalcc' (page 9; seal: rca,L "1. Entra~:cc t"ces (lnclusive of s~es tax) Daily Walk in fee Naples Imn:,,kalce 2. P,:-.: .:v- ~lnclusive ofsalcs tax) Month 3 Months Annual (5100 each additiorxd '.~,r ~..,t.., .~.:., N,:"..'. 540.00 595.00 5200 family members i:~cl~;J::x: ~s 7. i:r,:: ..k.:~c 535.00 550.00 St60 S75.00 c,~ch >it;dc:iL Years. I 3. B.~x', .:xm: 5crx ices {'.Naples onI? ~ 52 ~: , i,cr ti;fid per 515 '~ per !0 x isil card" g. Aruclc IV..<c.mm I.. entitled "Combination Pool ' Fire=ss ,.Xr. nua} l'asz Discoum .M,o its" tpage 9)shall read: "Month 3 Months Annual Napl:, S40.00 585.00 S20O Iht::,, ,t;alcc S200 51C;~ each additional immediate family member 18 to 2~ at~d 575 ca:h : 5-: ' ': cars old." 9. .Amde ~V. ~ et::,,:: L. entitled "Co,orate Discount on Annual Passes" (page i0~ read: "Diseoun: ~,:es not apply Lo additional f~qly members Ba>cd o::. 'wlo> cc panicipaLion. En ?'., ,', c=- Discoum 5-9 10% 10.24 20% 25 and abv~c 40%" This R~solt]tiv:~ adopted this ~ day of , 1998 motion, second and majority vote in favor of passage. ATTEST: BOARD OF COUNTY COMM(SSIONERS. DWIGHT E. BROCK. Clerk COLL!ER COUN'I Y, FLORID..',, By: By. Depub' Cl,::k BARBARA B. BERRY, Chairmaa~ ~o,4as ~. P::I,4e~ ,..% Assistunt Ct,u,,t ' Anome~, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY PURPOSE The purpose of this policy is to ensure maximum use of facilities, ot~tdoor areas and programs in Collier Count.,,' and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. LIMIT.,\TIONS Thc Parks and Recreation Director. or designee, may xvaivc cnl'orccmcnt of al~plication of an.',' of these regulations or restrictions with respect to an,,' facility, outdot~r ar'cas, of program provided such waiver does not interfere with public sat'err or cnjoymenl. ?4o fccs may bc v.'aived. No non-government entity shall charge an admission fcc to any out of doors event including Aquatic Facilities. The Board of County Commissioners shall set Fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citi×cns equal opptmunity to participate in programs, an.,,' resident requesting special con:fidcration must substat!tiate to the Parks and Recreation Director proof of financial need. All infiwmatlon proxided is not confidential bul will be used only for the purpose of establishing reduced t~r x~ aired program fees. Rates and charges can be modified on a case by case basis il'approved bx tile Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses 1, Outdoor Areas: Open space or land owned or leased by tile Parks and Recreation Department. Such outdoor areas shall include, but nol limited to. sports fields. playgrounds, swimming pools and/or other park and recreation lanct areas, excluding Golden Gate Community Center. (As to Golden Gate Commtmitv Center. rel~r to Section. O herein). Outdoor areas shall be used Ibr those purposes designated or implicit in their character. Any deviation l~om normal apprt,priatc usc shal require express prior permission t)om the Parks and Recreation I)ircctor or designee. 2. Facilities: Buildings and dxvcllings owned or leased by thc Parks and Recreation Department. Such facilities include, but are not restricted to. communiw center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in thc Parks and Recreation structures, excluding the Golden Gate Community Center. (..Xs to Golden Gate Community Center. refer to Section O. herein). }:acilitics shall bc used Ibr those pu~oses designated or implicit in their character. Any deviation from these intended ~cc rcalig,n no~al uses shall require express prior permission From thc Parks amiI Agenda j~ Director. or Designee. /SEP2 21998 L J ............... ~ ........ t ................. I 3. Er..o. gralr~ Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but arc not restricted to. athletic, clinics, instructional, interpretative, seminars - preschool, youth, adult, senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vanderbilt Beach, Gulfshorc Access, and South Marco Beach Access. 5. Boat Vehicle Parking Fees: Parking lots at Collier County owned and operated boat launch facilities to include, but not limited to, Bayvicw Park. ('ocohatchee River Park, Caxambas Park. B. USER CATEGORIES- APPLICABLE TO ALL INDOOR AND Governmental entities are not subject to fees. All othcr facility users shall ha~'c their fees determined by the category of the entity. The two calegories are: I, CATEGORY I - Federal lncome Tax Exempt Entities. Rc. gis~crc.d_C'!~aritic~,.NoI-For- A. Federal Income Tax Exempt Entities. S5.00 per hour license fee Groups which are exempt from taxation under an.,,, subsection of Section 501(c) of the internal revenue code. B. Specified Sales Tax Exempt Entities. S5.00 per hour license fee Those entities which are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes as a home for the aged, nursing home, hospice, or as an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veteran's organization. C. Local Not-For-Profit Groups. - 55.00 per hour license fcc Entities, irrespective of tax exempt status, which are not-for-profit corporations, organizations or other not-for-profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty percent (50%) of the group's membership are residents of Collier County with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members.2 D. Other Local Not-For-Profit Groups - $$.00 per hour license fee Those entities, irrespective of tax exempt status, which are not-for-profit corporations. organizations or other not for profit entities that are of Collier County origin, have their principal location in Collier County, at least fifty per cent (50%) of the groups membership are residents of Collier County, but the group's primary purpose is not to provide social sen'ices to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes property owners' associations, political groups, and all other special interest oriented clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. E. Fund Raising Activities: Each Category I individual, group, organization or entity involved in any fund raising activity must pay full fees. Fund raising activities include: 1. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or bartering any tangible thing ofmonetaD' value Fund raising activities do not include: I. Season sign up fees for persons to join league as a team member or team participant. 2. The sale of educational materials for use as stud.,,' materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 2. CATEGORY II - All Others A. Each individual, group, organization or entity that is not within Category I. IV. FEE STRUCTURE - (All fees are exclusive o£ sales taxes). A. Category_ I User Fees ~ (excluding league, practice and Special Facilities i.e. Swimming pool etc.) Facility Type Type of Usage Rate Per Hour Indoor Facilities per Room General - $5.00 Gymnasium any size S30.00 Outdoor Facilities & Pavilions General S 5.00 Athletic General $10.0() Lights S lO.0o FUND RAISING RATES $20.00 ADDED TO HOURLY RATE ABOVE B. Category_ II - User Fees 1. FACILITY RATES (Excluding Special Facilities i.e. Swimming Pools etc.) Facility Type Area in Sq. Ft. Base Hourly Fee Deposit Required Indoor Under 1500 $25.00 S 30.00 , Indoor 1500 - 3000 45.00 50.00 ~ Indoor 3000 & Over 60.00 70.00 Gymnasium 60.00 100.00 Outdoor small area 10.00 25.00 Outdoor large area 20.00 35.00 Football/Soccer/So ftbal l/Baseball 45.00 50.00 Little League/Sports Pavilion/ Roller Hockey 4 8o.~ S[P 2 Z,.,1998 Basketball/Racquetball/Volley ball ! 2.00 Tennis Court 12.00 Lights I 0.00/hour FUND RAISING RATES !;20.00 ADDED TO HOURLY RATE ABOVE C. Additional Fees: Categories i and Il Description Additional Fee Per tlour Rental during non-business hours (hours that are not normal departmental operation) $20.00 Additional non-security staff members 15.00 per staff mcmbcr Light fees (where not specified) I0.00/hour Additional security staff members 20.00 per hour fee detem~ined by department, based or, cost Special requests or additional clean up Per hour fee detcr~il~cd by required deparlment, based on cost D. Vehicle Parking Facilities Beach and boat parking facilities, including bt, t not limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access, Cocohatchce, Bayview Park, and Caxambas Park have a fee, i~clusive of sales tax, at a rate of S3.00 per day. Collier County residents with beach parking permits xvill be exempt from thc S3.(50 per day fee. Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will not be charged a fee. Boat ','chicle parking permits may be purchased by all residents or visitors for an annual fee of $60.00. Permits are available at all Collier Count.,,, Parks and Recreation community centers. E. Concession Fees 1, Concession Booth/Location in conjunction wilh Rental A $25.00 fee per day or 20% ofgross revenues per day, whichever is greater, for each concession booth or location. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. _ Agenda Item SiP 2 2 3. Organizations operating concessions for leagues will be charged $3.00 pcr hour of operation. G. Instructional Fees I. Programs Fee Assessment: per hour or per participant basis. 2 .Non-Staff lnstructorL~: ~.t.~,;.,, r--,. and an',' ..... c..~ supplies :::~ ~..,,: ..... ~.., :u ~. .... ~,r~...,~.~ c...... ,~...1... c~~,~nd '~"~ ~-".~4a-n,...~ o,c ,~..~,c-."~...,.... .... i? u..~ · :'-"'-'"'"~ and ..mo/,*r' .... ..,~ u.,..;. ,An3' costs for sunr~lies and eouir>mcnt will ~ subtracted from the class fee and the balance of the funds shall be split between thc non-staff instructoff_s) and the County as follows: 65% to the non-staff instructor(s) and 35% to the Countv'~ for all such Instructional Programs conducted on Collier County Facilities. The pro-ration for Instructional Programs conducted on non-County facilities shall be 70% to the non-staffinstructor(s~ and 30% to thc County. H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum Registration Fee per Participant per League Pla.',' Adult 5;28.00 Youth 28.00 League will be charged light fees for practices, but not for scheduled 2. Collier County Parks and Recreation Co-sponsored Leagues Fees applicable to Category I users only League Type Fee Per Participant Per League Pla>' f ,~enci.~. ll:.ep. · Adult S28.00 [ No.~~ SEP 2 2 Youth $.70c per registered youth per week of league play (includes play offs or ail-star play) League will be charged light fees for practices, but not for scheduled 3. I.o. lamaa:t~xta Description Fee Non-Refundable Deposit OR $25.00 Cancellation Fee All Category I groups will be charged 10.00 per hour With lights 15.00 per hour All Category II groups will be charged 15.00 per hour With lights 20.00 per hour 4. Clinics: Pro-rations 1. '~no/_ '~no.,~ ...~:, ~. ........ greup "" :.a:.,:a,,~......4 r- ....... ~'~o~'_~ 65% ofthe fees to the group or individual~'s) and 35% of the fees to thc County for Clinics conducted on any County facility. 2. 70%of the fees to the group or individualis) and 30';3 office fccs to thc County for Clinics conducted on any non-County facility. 3. Hourly rate for facility fund raising. I. Collier County Racquet Centers: (Reserved): 1. '"'"'"' r~ (fees .... Ann',:a! Pc, ,"m, i t, ,5-J',: h ! 75.00 ,~mn'.'.c,! Pe,-Tn, i',, Cot:pie 250.00 Agend, 7 c;i:'p 2 2 ~8 o~ u ..... 2.00/I .5 hour Jr,: Tennis C ~Instmctional Fees ~nclude a S~.9O marketin'd Fee. 5. Retail Sales Fees J. Collier County Aquatic Facilities - Naples and ]mmokalee EyeD, one pays aguatic facility rates. l. Entrance Fees (includes sales tax) Under 3 yrs Youth (3-17 yrs) Adult Senior (60+~s) Naples Free S2.00 S2.50 S2.00 lmmokalee Free 1.00 1.50 1.00 2. Pass Fees (exclusive ofsales tax) Type Youth Adult Senior Family Naples 3 month S40.00 S60.00 S40.00 100.00 I mmokal ee 3 $ .00 55.00 35.00 90.00 Naples Annual 60.00 80.00 60.00 225.00 8 No ~ SEP 2 2 1998 Immokalee 50.00 75.00 5(I.01~ 210.00 3. Swimmint~ Instructional Fees Children's V: hour classes S35.00'panicipant Children's % hour classes 40.O0'participant Adult ~/i hour classes 40.00 participant *Instructional fees include a S5.00 marketing fee 4. Pool Rentals (exclusive &sales tax) Each pool includes one staff member. Additional staff: $1().O¢1 hour per lifeguard. !4 Main Pool l-~ntire Main Pool Slide .,\ctivitv Pool S3').O0:'hour $60.00/hour S30.00 :hour $30.(}Oqmur 5. Schools Public Schools are fee exempt, however the,',' are required to pay S 10.O0/hour per lifeguard or instructor, if not during regular operating hours. K. Collier County Fitness Centers - Naples and Immokalcc I. Entrance Fees (exz!gsivc inclusive of sales tax) Daih' \Valk in Naples lmmokalee $4 ¢~t nn 2. t'ass Fees (exclt::;ive inclusive &sales tax} Month 3 Months Annual ($100Aadditional immediate family Naples 40.00 85.00 200.00 members including students 18 to un4e~ lmmokalee 35.00 70.00 160.00 24): 575.00 each student. 15-17 years. 3. Baby-sitting Service {Naples only} 52.00 per child per risc $15.00 per I 0 visit card L. Combination Pool/Fitness Annual Pass Co,orate Discount applies Nlonth 3 Months Annual NO. ~aples ~40.00 $85.00 ~200 lmmokalee $20_._._Q stlu~el~C~5a~i~aslo~..~r immediate family members 18 Io 24 and $75 each M: Corporate Discount on Annual passes Discount does not apply to additional flintily members Based on employee participation. Emt~l(,yce5 Discount 5-9 gOV,4 !0% 10~24 4t~ 20% 25 and above ~ 40% N. C__o_llier County Summer ('amps and After School Programs S u mm er Cam ps Naples/M arco ! m m okalee/Everglades First child $400.00 $300.00 Additional child (same household) 350.00 3 Week session only 175.00 125 · Summer Camp has no marketing fee. After School Camps Naples/Marco lmmokalee Entire school ,','ear cost $760.00 $380.00 Transportation cost per week 5.00 5.00 I Day Camp 15.00 15.00 Easter Camp per week ' 55.00 4o.oo Christmas Camp - per week 55.00 40.00 · Holiday Camps and After School Programs include a $5.00 marketing fee. O. _Golden Gate Community Center~ 1. Golden Gate Taxing District Boundaries: - ]o SEP 2 2 lgg8 f West Boundary: Santa Barbara Blvd. To Logan Blvd. To 1" Ave. SS East Boundary: Canal I mile east of County Road 951 North Boundary: I" Ave. SW over 9.51 Blvd. and White Blvd. to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara ~, Organizations in classes I, II, III, or IV declaring themselves as district must show proofofat least 50% membership within the taxing district. Class 1: Charitable, Not-For-Profit organizations Class II: Not-For-Profit organizations Class III: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and any other group or individual. 3. Deposits Fees Auditorium: S200.00 All Other Rooms: 50.00 4. Rental Fees A. Rooms A, B, C, D, Annex 1,2 and 3 Category Golden Gate Taxing District Outside of Taxing District Class I No charge No charge Class 2 No charge Fee approved by Community Center Advisory Board Class 3 No charge No charge Class 4 S6.00/hour $12.00/hour B. Auditorium Category. Golden Gate Taxing District Outside of Taxing District Classes 1 & 3 No charge No charge Class 2 Fee approved by Community Fee approved b I I NO S EP 2 2 1998 Center Advisory Board Center Advisory Board Class 4 $20.00/hour until I0:00 p.m. $60.00/hour until I0:00 pm $40.00/hour after 10:00 p.m. $80.00/hour after 10:00 pm C. Gymnasium - Fees Governed by the Parks and Recreation License Policy Category General Fee Class I 530.00 per hour any size Fund Raising S20.00 added to hourly rate above Class 2 S60.00;hour an)' size. .; Fund Raising S20.00 added to hourly rate above * Classes Ill, IV will be required to pay sales tax. 5. Service and Sale ofAlcoholic Beverag~.s A. Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages ',','ill be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. I. User categories Class I and Class II, as previously defined in O(2), the user must present a General Liability Policy for the date o[use which specifically includes contractual liability and host liquor liability in an amount not less than five hundred thousand dollars (S500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event of unusual or high exposure one million dollar (SI,000,000) liability shall be required. B. Sale of Aleoholic Beverage8 In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of' Risk Man._age~ent for insurance requirements. 12 C. Rules and Regulations for Users Serving Alcoholic Bcvcrag¢,$ 1. It is the responsibility ofthe user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see ins:~rance provisions). 6. The user will be responsible to comply with Florida Statute. Chapter 562. 7. The user must abide by all other operational policies and procedures ofthe Golden Gate Community Center. Any violation can result in termination of the event. I Agenda ~.tm_ S EP 2 2 1998 13 Po.~ EXECUTIVE SUMMARY APPROVAL TO RENEW THE PROPERTY & CASUALTY INSURANCE PROGRAM. ~ To seek approval to renew the Property & Casualty Insurance program. CONSIDERATIONS: In May, 1997 tho Risk Management Depmment sought proposals through the County's contracted insurance broker, Insmance and Risk Management Services, for Property, Casualty, and Workers' Compensation insurance programs. This analysis was brought before the Board in September of 1997 and the Board approved the selection of the All Lines Aggregate Insurance Program. A comprehensive marketing of the program is sought every three years to assure the purcha.~e of the most competitive program. The program renews October 1, 1998 and approval of the renewal quotation is being sought at this time. The All L(nes Aggregate Program combines tho General Liability, Automobile Liability, Property (including auto physical damage and flood coverage), Workers' Compensation, Errors and Omissions Liability and Crime coverages into a single program with an aggregate retention limit for all lines of coverage which caps total program costs. The r~tenfion (deductible) per occurrence is $100,000 for all lines with the exception of Workers' Compensation which is $150,000. The proposed maximum aggregate mount ofretainod losses for these lines is $1,600,000 per year. This is compared to $1,360,000 in FY 98. Total fixed costs for excess insurance in FY' 98 were $1,226,332. To renew the program forFY 99, the fixed program cost will be $1,155,375. This is a decrease of $70,957 or 5.78%. Total fixed costs include excess insurance premiums, claims administration, and brokers fees. The major lfighlights of the renewal ~ as follows: 1) Property insurance rates decreased by approximately 10%. 2) Liability rates decreased approximately 1%. Ratablo liability exposures increased approximately 5% and the number of insurable automobiles increased by 4%. However, overall the gross premium under tho ALA renewed approximately $3,000 less than FY 98. The following m0noline coverages do not fall within tho All Lines Aggregate program. The renewal rates are as follows. Airport Liability (American Eagle) $ 9,312 $9,312 Boiler & Machinery (Hartford Steam) $ 8,036 $8,036 Statutory Accidental Death (Hartford) $ 8,748 $8,748 Contingent Law Enforcement Liability (Lloyd's) $25,000 $25,000 Pollution Liability $91,115 $ I 01,239 County Administrator's Automobile $714 $618 SEP 2 2 1998 Pg.. ,,, .... I,lullll .............. II IIIIlIIIl! 1111111 - III III IIIIII ..................................................... I A Cost Comparison Summary is attached. Included in this Cost Comparison are aircraf~ coverage and Medical Malpra:tic¢ coverage which have renewal dates other than October 1, 1998. FISCAL IMPACT: Total fixed costs for the All Lines Aggregate Program arc 5;1,155,375. Maximum aggregate losses which can be incurred under the ALA program are 5; 1,600,000. Therefore, maximum program costs under the ALA program would be 5;2,'/55,375. The renewal rates for the monoline coverages as described total 5;142,925. Funds have been appropriated under Funds 516-121650-645910 (Reinsurance Premium) and 518- 121630-645924 (WC Aggregate Excess) and within specific departmental budgets to purchase these coverages. GROWTIt MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the renewal of the Property & Casualty Insurance Program as described in the Executive Summary and Cost Comparison Summary with an effective date of October 1, 1998. PREPARED BY: , ~,.~,.',,. '>/".. /... .._.- DATE: "" Jeffrey A. Walker, CPCU, ARM, Risk Management Director REVIEWED BY: . . DATE: Leo E. Ochs, Jr., Support Services Administrator I SEP 2 2 m 18 EXECUTIVE SUMMARY AUTHORIZATION TO PURCHASE NOAA WEATHER RADIO TRANSMITTER SYSTEM. OBJECTIVE; To better inform County residents of impending weather developments by substantially improving NOAA weather radio reception throughout the County. CONS!DERATION: On June 23, The Board of County Commissioners authorized the Chairman to sign a cooperative agreement between Collier County and the National Weather Service to facilitate the installation of a NOAA Weather Radio transmitter site in Collier County. Under the agreement, the County agreed to purchase and install the transmitter from a vendor approved by the Weather Service. In exchange, the Weather Service will assume the responsibility for maintenance and repairs to the transmitter system (at no cost to the Count,.,,) subsequent to installation. At the time of the previous Board action, the Weather Service had approved only one vendor, Independent Technologies (or'intec") to manufacture, install and maintain these systems. Hence, staff also requested and received direction from the Board to negotiate a purchase agreement directly with Intec. In accordance with that directive, staff sought to reach agreement with the named vendor, but quickly reached an impasse on a number of issues. Recently, the Weather Service entered into interim agreement with another vendor, Crown Broadcast for the assembly and installation of these systems. Staff has contacted Crown and reached a tentative agreement in principal to build and install the transmitter system. A copy of the agreement is enclosed. Under the proposed agreement, the vendor has agreed to have the system operational within 45 days of commencing the work. As of this writing, Crown's approval to deliver these systems is only on an interim basis, pending receipt of permanent approval from the Weather Service. Hence, should Crown fail to win permanent approval, the agreement provides for terms under which the County (at its discretion) can return the transmitter and obtain a substantial (full price less restocking charges) refund. The preponderance of funds for this project is sEP 2 2 1998 I appropriated within a grant from the Florida Division of Emergency Management. Under the terms of that grant, the County is obligated to have project funds encumbered (i.e., be under contract with a vendor) by September 30, 1998. Given these considerations and the relatively expedient project schedule offered by Crown, staff recommends that the Board waive the formal competitive process and authorize purchase of the transmitter system, pursuant to the terms of the enclosed agreement. FISCAL IMPACT: Funds for the purchase and installation in the amount of $70,935 will come from a competitive grant from the Emergency Management Preparedness and Enhancement Fund. Expenditures are appropriated under 118-144210 within the Emergency Management Department's Grant Fund. The contract price does not include a premium for purchase of Performance and Payment Bonds (estimated at $2,000), which will be added to the contract amount prior to commencement. State Department of Community Affairs funds are also available in the Hazardous Material Response grant if additional monies are necessary. GROWTH MANAGEMENT IMPACT: N/A, RECOMMENDATION: That the Board of County Commissioners waive the formal competitive process, award a contract for the purchase and installation of a NOAA Weather Radio Transmitter System to Crown Broadcast in the amount of $70,935 and that the Chairman be authorized to sign the agreement on behalf of the Board, subject to approval for legal sufficiency by the County Attorney's Office. .... ' Date: SUBMITTED BY:..- - -_ .... Steve Carnell, ~/Ge~?~Services Director, CSM K'e..0...Pi n e a u, Emergency Management Director APPROVED BY: · '..-._," '.. Date: Leo Ochs Jr., Support Services Administrator ~._/(~D2... SEP 2,2 1998 Crown Broadcnw tl'~.a[her Radro SMe~ ,4~recment Seller i~ se;hn£ ta Cae Bu,.'er. a i'..k'qlO, Ox2. ',,VR.:g0x2 or WR:.'.'(:C".:' rerarr.-'::i to SeT, e' under th: *" a,. . ' 1 _,..,e,~-:~ - :., ur. 2.;:c" ' :,., show [:r.'~r f. ,'~" ;.~.,-r,= a~ a~r~: e'J ,,'ea..Mr ',::ca. ,. ......... . ,..-': ...... 2. Th: Bayer aclu':scs Seil--r ,r...~.m:.".e ,:.'.' :?. ::-.:c.-.:::.~.~ ~'::E::: 3:" :aa,',..', cn~? eeoc:'..::'.".".\'S :'tnt]or accep:an:e 3. Buyer muse she: prod'~::s .... t. .....a r,, .. _ · . . .... , ........ .. re:'.;~ prc, mp:ly tn.a. ," .~u:table pac~..t.".~ '~: leas: eeur, alen: to the or~gm~! :a.'-.ens B'a.?er '.,.'*ia ?re-pay a:i ~e~.~:ht charge`t ass=::t~:d ,.v<'.'- ti:..: r.-mm Thc s'.,..~:n: =:11 ~c :::~.Fe::c3 ~y Seiier f=r :?.,.'s~:'.~. dan:aEc An'.' ~;:ci: a ...... k.., reda,red at ::-- a,:t.=-'~ expense T:'t.e Buye:'s ref:r.~ of Ibc purc. i~ase :.',ce. as de:em::.-..-':! ?".' ~.=.e te,"rr.s ~md ccn&t:ons oft.t'.:s a~..ee:.-.::'.:. ,,-ill ':-: regal:ed 3',, the '"'~' c,f an>' t ,-:. (S'm~Tmg damage v.':ll L"e Ear. die-a as a separate a. e B=ver w It '-o.. c,.a.~..," .... a ~ !0't,, :es:ack:ns f:: ,"'h:... prod'ac: ~s r::".:med .,,.-':.e:.~al 5k.?.mcr. t date. A= add,:~on~.i restocking fee o:' ~o, per mw.t,, v, ' SB~II Iht Seilc: fa:l tO be 2'~,arde,a. a comr,.c: b.',' the NWS for thc mar. t!.":',c:u:er a.":.d thc ~ransm:=e: pr:,~r to ~;' ...... !h~ ~uyer shall be em,fled :o a £u!l and '.m.q fu.~s pa~d :e da~e v.'~t!~m. 30 days rece:~t of the B:,ycr's fermal r~q:;cz: £0~ ~a,d ref'.:r.d refund .thai: be requested by the Bu?'¢r w~th:n 30 days of :b,e N',V$ award 5. Seller will ca!.,.' ac:epa the WR.".OOx2. ' .... ~n ', or L~,R1COOx, a~, a rer:.m prodc.::. Aa:., ,,~ r.~r...~. . item said as pa."', of:ge ,.-:.stalht:cn package w:!l remain" ",--n~ .... of:he Buyer 6. A]i Cro..vn Broadcast weafl~er rad:o :ransm:.'..er .q,'stems wil! be covered by a warranty and 24-hour technical suppo:':. Al! other non-Crown man:ffacrarcd prod:acts :are ce,.'cred by their :'espe~.t:ve manuf.:crarer's wa.ma.mies. 7. This return opt:on mus~ be exert:seal with,n 30 days ager appro,,ed vendors are selected by the NWS. However. ese return option cannot be exercised at ally time prev,ous to the complehon of NV,/S ,.-endor acceptance process. 8. Crown 13roadcas; guarantees Iha: any re,~;nd obh~at:on re~l:u:g from the return of radio transm,.rter system, in accordar~ce w~lh the terms and ear, daemons of t~:$ .':~eemcn:, will be made on a umely bas:s Add',t:onally. this obhgalmn ts Suntan:ced by Crown International, lac 9 Seller shall sl'.zp the transnl~!ter ~y~tem, including opt:anal conlpone~,t',. ,,,flhm 30 days or receipt of thc Buyer's purchase orger and first laaymetlt The system shall be mt~alled and ready for the Buyer's initial ucc~ptance w~thin 4S days of receipt or'purchase order and t'itst payment. Should thc Seller anuctpate tlc need for add:l)onal hme to manufacture or install the trans:ndle~ sys:¢m. ~0. T~e ~uvcr sk~ll p~y ~hc ScHc~ m 3cco~d3ncc w::~ the ?~c: a~oz:~:on a~3c~ ~.r..~ ~'.>~ 7~ cf 1 1 Patten: t:~s s,~a.; he 30c; wmt;: order. O('o a: ::mc ~.-,r. , * .:.:: .'.". r."., I.N' %X'ITNE~S wilETzEOF, :he B',:ycr and ,..he Se!lc:. Fc=~o.-'. or a_~¢nL h¢:c:md'-r set the:r Ear.ds and 6e31., o.". :Ec '-:.a:e ar'..:] ,ye.n: fi:s: al'- ,'.'~' ,.,.'~':.,,,' BL'¥E,:Z: ~O.-~Y.D CF CO: 'T< ,'7%' CC\:~.t:SS:C"<E.~$ A ,.-TEST: (.0-;.-~ D~.;.~},{ E. t3~ :c':. C:c:k o'.' Cou::', B':': __ BY: Dated (SEA.'..) SELLER CP.O:~..~ BP.O~.D~..A ST F:r~: \tv' 1: I~,C,~ $ P:~:-:s :,:-ge W:w.¢ss Naale (P:l.-.Itd Name a.,nc Da:.' Sc¢.)r;d Pn:3:.:p;'pe W~tness Mime (¢o.-'porat~ons or, l:.') Approved ~s to form and legal sufficiency: Assistant Cot:nty Altomcy - ~/ ~)~ Tt - | s/P 2 2 1998 gate ~"30: CoItier ..~ii'~ . .~ !.'~iL~-[gomen! ,From: ~ Nmp~r~. b L 24'. '..' IEikhe~,lnd,ana '~TELEPHONE' JTELEPNONE: g4~.r.' :.~44 ~ ~AX: JFAX: 941.~5-50~ :. F.,an~'. JE.Mail: ger~oloc r'.: ~' · s.n,: ............. weather Raa~c T:~' :9' - ' ~ODEL )ESe~ W~1~0~2 Nmrrowb~nd F'4 ' ' '.','~:,th~ R~d~O Tra~ml~r 1 · 0¢',~ na~ Oomp o~ ~' ;~ ~' luis: To.,er ~a'~.', ~'~ J4 Bay Amen~a crown Bfoldeast Produc~ A~ Crcwn Btoa;,:: ~'.: .~'.r e' rac,a :ransmmers w,tt oe covered ~y · a ~-yeer hmded '-. ~" ]ntF nn~ 2*-hour leC~r.~cnl ~uDOO~ Alt o:~er ~n-CrowR mcn,.~',s=:~r~C ~roduCJS ~re c~ve,ec by :celt Pnymonl Te~S 30 dayg a~et sh,:'~e~4 c~ :ransm,~er · FIVE SUMMARY 3, ANNUAL AGREEMENTS FOR TITLE '<.'e under annual contract four (4) bidders who have a~eed to ts, and issue title policies when applicable, under the terms and '~'~lier,~ County. ::~ compliance with the Purchasing Department of Collier County, ',:'~nent Department (Department) sought unit price offers from v.i:ich four (4) responded. The Agreements recommended for ~': represent the four (4) firms which responded to th~ County's ,-. rms are: FitCh Avenue Title Company; Associated Land Title Group, Inc.; David Szempruch, P..4,.; and First Title & Abstract, Inc. '.:?~tment to award bids through an approach which best serves unty; i.e., to a single vendor, multiple vendors, or by a ~:~t' basis, or on a category-by-category basis. Please note that the terminate the Agreement for convenience with a seven (7) day _Fl':'., I, ~ :'~'yment for title services to be provided under the four (4) A~ ::e: ' !~' from the accounts established to handle the various Capital Im e,~-, ' 'CIE) projects for which real property acquisition is necessary. Th, ",st ~- ' ".'-~ will be included in the cost estimates which will be brought bc~" - :!:,:. ~, :::v Commissioners prior to commencing real property acquisition on :.,' It is ::<,)t p..,: ', to 7rcdict the exact amount of expenditures for title related services which mig!~: :'~:: '-~'x! over the next four (4) years (the contract term with permitted exten':ions) ' t:~ :!,: Gct that: 1) the exact alignment, and the number of impacted pro;~: fy, f' · : ~ i' cur utilities, transportation, and drainage projects is not yet known; 2) pr.':ject : ~'::::; o2en shiR in response to public demand and available funding sour¢ ':;; an:'. -' :i',: C:ounty may at any time make a risk management decision to NOT ordc:' title, ': '::~ i:' it is deemed that the level of risk does not wan'ant the cost of the 1~ , ' ' ': ", ',.:,: :i . ~'; :,?,rd of County Commissioners award Bid No. 98- 2 : ::~',, i !~:: :,,:: c>:,_'cute the four (4) Agreements attached. o S'~ ' '~"" ,. ;" Date: ~- ~ ',, : :: i ,::, : :: :,,._.:_, !anagement Department F.~ ' ': ','.' -<'_?~:~-~ =~.c Date: :. :.:,:':';: .v ,>, :~:~:v,)emento Department R': ,: ,:.'. "' '. :.-? ._~'~_~~ Date: ._,:nctl, Director A!:::: \': " "-"' -,' ~- Date: >"/' "' (.57~,:i:s, Jr., Administrator ::~ .<;e~'ices Diffision ANNUAL AGREEMENT FOR TITLE COMMITMENTS THIS AGREEMENT, entered into this day of , 1998, is by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and FIFTH AVENUE TITLE COMPANY, a Florida corporation, whose business address is 600 Fifth Avenue South, Naples, Florida 34102 (hereinafter referred to as "Company"). WlTNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set forth in Bid #98-2833 "Annual Agreement for Preparation and Delivery of Title Commitments," attached hereto and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company shall not begin work on any assignment unless a Notice to Proceed with that particular assignment has been issued by the County. Notices to Proceed with any assignment shall be in writing. Facsimile transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "A", attached hereto and incorporated herein by reference. 3. INVOICING - The Company may bill the County via monthly statements which shall have attached copies of all invoices for work performed during the billing period, or the Company may submit a separate bill or invoice for services rendered (or for policies issued and premiums due) along with each billable work product delivered to the County. Monthly billings by the Company shall be split among the projects for which the title repods were prepared, such that each project's title work shall be billed on a separate invoice. Each invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto and. incorporated, herein. 4. PAYMENTS - The County shall make payments to the Company within 30 days of receipt of invoice, unless the provisions of this Agreement governing disputes are exercised by the County. 5. TERMINATION OF AGREEMENT - Should the 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 cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non-performance. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a ~eriod of two (2) SEP 2 2 199rr'---" Annual Agreement for Title Commitments Page 2 years. The County retains the right to renew this Agreement, with the consent of the vendor under the same terms and conditions, for two (2) additional one year periods. 7. QUALITY REVIEW - Determination and judgment as to the quality/acceptability of the services provided by the Company shall be the sole province and responsibility of the County. 8. COMPLETION/CORRECTION OF ASSIGNMENTS Should the completion of assignments and/or services provided by the Company be found unacceptable as to quality and/or completeness, on the basis of common and customary standards for such services, as may be found in the community, or governed by law, or regulated by standards of professional practice, the County shall have the sole discretion to take any one or a combination of the following measures: a. Require the Company to complete the assignment(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. In the event that the County has already made payment to the Company for completion of the assignment(s), the County may require the Company to complete the assignment forthwith at the expense of the Company. b. Require !he Company to correct or revise the work product(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. In the event that the County has already made payment to Ihe Company for the work product(s), the County may require the Company to correct or revise the work product(s) forthwith at the expense of the Company. c. Complete the assignment(s), and/or revise/correct the work product(s) using County forces or other Agreements, and bill the Company as follows: (1) In the event the County has already paid for the completion of the assignment, the County shall charge the Company either the Agreement rate to complete the assignment utilizing the County forces, or the rate charged by anolher title company engaged by the County to complete the assignment. (2) In the event the County has already paid for the work product, the County shall charge the Company either the Agreement rate to revise/correct the work product utilizing the County forces, or the rate charged by another title company engaged by the County to revise or correct the work product. 9. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the "Contract Proposal" shall be paid directly or indirectly to any officer or employee of the County as wages, compensation, or gifts in exchange for acting Annual Agreement for Title Ccm~,itments Page 3 as officer agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 10. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. 11. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 12. GENEt::~,L LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. The County shall be named as :an "additional insured" on said policy: and the Company shall provide the County with an insurance certificate wherein the Certificate holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples, Florida." 13. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and afl costs of litigation, and all ]udgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by lhe Company, and/or the Company's agents and employees. 14. MODIFICATION OF AGREEMENT o This Agreement may be modified only by written amendment executed by the parties hereto. 15. NON-DISCRIMINATION No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the performance ~f this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available lo all employees and applicants, notices of non-discrimination. 16. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 17. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses' SEP 2 2...J998 I Annual Agreement for Title Commitments Page 4 As to the County: As to the Company: Real Property Management Department Fifth Avenue Title Company Eighth Floor, Administration Bldg. 600 Fifth Avenue South 3301Tamiami Trail East Naples, Florida 34102 Naples, Florida 34112 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, a political subdivision of the State of Florida By: By. Deputy Clerk BARBARA B. BERRY, Chairman AS TO THE COMPANY: FIFTH AVENUE TITLE COMPANY, a Florida corporation · ignature FrederickC Kramer, President N a me. ~, ,u ~,,4 ~),u,4. d~ =_7._. ' (Print or Type) Witness [Sigr~t"dre) ,,..,, N ame."~\' ~C.kq_ e-Lq '..,~,~(C\~%~, '~' (Print or T~pe~ Approved as to form and legal, sufficiency: Heidi F. Ashton Assistant County Attorney SEP 2 2 1998 EXHIBIT "A" (1 OF 3) SPECIFICATIONS FOR THE PREPARATION AND DELIVERY OF TITLE COMMITMENT,'::; 1. Title Commitments are to be prepared as follows: a. Schedule A mum identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which s~id title is currently held: b. Schedule B-1 must list only the requirements which must be fulfilled in the event a title policy is to be purchased. Requirements should be listed in reverse chronological order, beginning with the particular instrument which must be executed by the current title holder in order to vest that particular real property interest with the County; and c. Schedule B--2 must list only those easements and other restrictions to which any title policy would be subject (see paragraph 3). These, too, musl be listed in reverse chronological order. 2. In addition to the title commitments issued pending a fee simple acquisition, Compa,'~y shall provide title commitments for easement acquisition, and shall, in such cases, NOT require the execution of a warranty deed; but shall instead itemize as a requirement the recording of an easement for the purpose(s) as shall be specified in the County's NOTICE TO PROCEED. 3. The County will either request the Company to issue a title commitment for the parent tract,_or for only the area of the legal description provided, and not the parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment upon County's compliance with the requirements as set forth in Schedule B-l, and payment of the dsk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of ihe interest in real property sought by the County. 5. "Owners Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment (Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete.) 6. In addition to the terms and conditions governing invoicing contained in paragraph 3 of the Annual Agreement for Title Comm tments, all invoices, bills and/or statements must specify the exact service performed, i.e. issuance of title commitment, issuance of title policy, etc. All invoices submitted for payment must be on Company letterhead and/or list Company as "Payee." Invoices from entities, other than the Company, under annual contract with the County will no.__! be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated search reports shall be payment in full for title services rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, !eqible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and matedalmen's liens, mortgages and financing statements, judgmeats, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. Where the portion of property sought by the County is part of the common elements of any homeowners' association, property owners' association, or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association (declarations of protective covenants and restrictions, articles of incorporation, corporate by-laws, etc.). Where the portion of the real property sought by County is part of the common elements of a cond.z~ninium ~nmnAqv shall include with the title commitment a copy of the declaration of condominium, and lny ~o.~l~er[t~ I SEP 2 2 EXHIBIT "A" (2 OF 3) Recognizing that these association documents can be quite voluminous, Company can conlact Count~III there may be some dou~! as to whetr~er said cop~es are necessary. Copies of instruments should be attached to the title commitment in the same reverse chronological order as listed in Schedules B-1 and B-2. After the copy oflhe instrument that evidenceslhe current record lille holder, there should be attached in reverse chronological order copies of all of those instruments listed in Schedule B-l, followed by all of those instruments listed in Schedule B-2, again, in reverse chronological order. 9. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constitutes the Iotai number of business days lapsing between placement of order by County (NOTICES TO PROCEED) and delivery by Company of completed title commitment(s). Number of Title Commilmen~s Ordered De!wee/ Schedule 1 to 3 6 bus~ness days 4 to 6 10 business days ? to 12 1,5 business days 13 to 25 20 business days 26 to 35 25 business days over 35 To be negotiated ucdales 6 business days 10. ComF, any shall NOT require a cer':,ifled surve.i as a pre-cot, ali',ton ~o issuance of a title policy. 11. Certificates of Good Standing from the Office cf t~e Secretary of State shall be listed as exceptions, and NOT ~s requirements. County shall verify Dy :e!ep,~one. w,th the Divisicn of Corporations in the state, other than Florida. in which the corporation ~s registered, the status of any corporation conveying or releasing an interest in real property. Upon request by Company, County shall provide a record of the telephone conversation with the Division of Corporations from the appropriate state, other than Florida, identifying the date through which the corporation is listed as being active and current. County shall provide, upon request, a copy of the Corporate Detail Record along with the Directors/Officers o/' the corporaticn from the Florida Division of Corporations only. 12. The recordinq of corporate resolutions in the public records shall NOT be listed as a requirement. 13. Any requirement for a Notice of Commencement may be included as an exception at request of the County. 14. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent (if any) shall be itemized in the title commitment. 15. All orders for title commitments and title policies shall be in writing either on County letterhead stationery or by completing the attached form (NOTICE TO PROCEED) and mailing or"faxing" it to Company. EXHIBIT "A" (3 OF 3) TO TITLE COMPANY COLLIER COUNTY REAL PROPERTY MAN,AGEMENT DEPARTMENT DATE: FAX NUMBER: TO: (L, ompany ~ame/ FROM: '('~m p,Oyee Name~ PARCEL NO(S). PROJECT: INTEREST(S) SOUGHT BY COUNTY: Please provide: Title Commitment Update of Title Commitment Title Policy Identify the Company File / Search No, on Property: (TAPE OR TYPE LEGAL DESCRIPTION BELOW OR ATTACH SEPARATE SHEET) 98-2833 "Annual Agreement for Preparation and Delivery of Title Commitments" CONTRACT PROPOSAL From: F±fl;h Avenue T±t, le Company Date Due: July 15, 1998 Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Bid No. 98-2833 - "Annual Agreement for Preparation and Delivery Of Title Commitments" Dear Commissioners: The undersigned, as bidder, hereby declares thai he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Title Preparation and Delivery of Title Commitments as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: Title Commitment $ 't75.00 (includes Search and Examination fees) (fiat rate) Update of Commitment $ 70.00 (Endorsement to initial commitment) (fiat rate) Risk Premiums for Title Insurance (Over and above minimum $100 rate set forth in law). $17,300 to $100,000 real property value: $ 5.75 /$1,000 $100,001 to $1,000,000 real property value: $ 5.00 /$1,000 $1,000,001 to $10,000,000 real property value: $ 3.00 /$1,000 Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. I lC_.' - I '' ANNUAL AGREEMENT FOR TITLE COMMITMENTS THIS AGREEMENT, entered into ~his day of , 1998. is by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and ASSOCIATED LAND TITLE GROUP, INC., A Florida corporation, whose business address is 1250 North Tamiami Trail, Naples, Florida 34102 (hereinafter referred to as "Company"). WlTNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance, with the Specifications set forth in Bid #98-2833 ".Annual Agreement for Preparation and Deliven/of Title Commitments," attached hereto and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company shall not begin work on any assignment unless a Notice to Proceed with that particular assignment has been issued by the County. Notices to Proceed with any assignment shall be in writing. Facsimile transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "A", attached hereto and incorporated herein by reference. 3. INVOICING - The Company may bill the County via monthly statements which shall have attached copies of all invoices for work performed during the billing period, or the Company may submit a separate bill or invoice for services rendered (or for policies issued and premiums due) along with each billable work product delivered to the County. Monthly billings by the Company shall be split among the projects for which the title reports were prepared, such that each project's title work shall be billed on a separate invoice. Each invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forlh on the "Contract Proposal" attached hereto and incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within 30 days of receipt of invoice, unless the provisions of this Agreement governing disputes are exercised by the County. 5. TERMINATION OF AGREEMENT - Should the 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 cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non-performance. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period_of two {2) SEP 2 2 1998 Annual Agreement for Title Commitments Page 2 years. The County retains the right to renew this Agreement, with the consent of the vendor under the same terms and conditions, for two (2) addilional one year per,ods. 7. QUALITY REVIEW - Determination and judgment as to the quality/acceptability of the services provided by the Company shall be the sole province and responsibility of the County. 8. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the completion of assignments and/or services provided by the Company be found unacceptable as to quality and/or completeness, on the basis of common and customary standards for such services, as may be found in the community, or governed by law, or regulated by standards of professional practice, the County shall have the sole discretion to take any one or a combination of the following measures: a. Require the Company to complete the assignment(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. In the event that the County has already made payment to the Company for completion of the assignment(s), the County may require the Company to complete the assignment forthwith at the expense of the Company. b. Require the Company to correct or revise the work product(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. In the event that the County has already made payment to the Company for the work product(s), the County may require the Company to correct or revise the work product(s) forthwith at the expense of the Company. c. Complete the assignment(s), and/or revise/correct the work product(s) using County forces or other Agreements, and bill the Company as follows: (1) In the event the County has already paid for the completion of the assignment, the County shall charge the Company either the Agreement rate to complete the assignment utilizing the County forces, or the rate charged by another title company engaged by the County to complete the assignmenl. (2) In the event the County has already paid for the work product, the County shall charge the Company either the Agreement rate to revise/correct the work product utilizing the County forces, or the rate charged by another title company engaged by the County to revise or correct the work product. 9. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the "Contract Proposal" shall be paid directly or indirectly to any £P 2 2 1998 Annual Agreement for Title Commitments Page 3 officer or employee of the County as wages, compensation, or gifts in exchange for acting as officer agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 10. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. 11. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 12. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. The County shall be named as an "additional insured" on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples, Florida." 13. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 14. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by the parties hereto. 15. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be othen,vise subjected to discrimination in the performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants1 notices of non-discrimination. 16. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or premises other than those so stated above. 17. NOTIFICATION - All notices shall be given in writing to the parties at the following I~.G4E NO ~. I'T[M SEP 2 2 1998 Annual Agreement for Title Commitments Page 4 addresses: As to the County: As to the Company: Real Property Management Department Associated Land Title Group, Inc. Eighth Floor, Administration Bldg. 1250 North Tamiami Trail 3301 Tamiami Trail East Naples, Florida 34102 Naples, Florida 34112 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, a political subdivision of the State of Florida By: By: Deputy Clerk BARBARA B. BERRY, Chairman AS TO THE COMPANY: Associated Land Title Group, Inc. 'Witness (Signature,L, Donald C. Henderson. President Name: (Print or Type) ~it'ne/s s (Signature), Name: (Print or Type) Approved as to form and legal ,sufficiency: Heidi F. Ashton Assistant County Attorney ! ,,.-I¥ - EXHIBIT "A" (1 OF 3) SPECIFICATIONS FOR THE PREPARATION AND DELIVERY OF TITLE COMMITMENTS 1. Title Commitments are to be prepared as follows: a. Schedule A must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real properly, and the exact manner in which said title is currently held; b. Schedule B-I must list only the requirements which must be fulfilled in the event a title policy is to be purchased. Requirements should be listed in reverse chronological order, beginning with the particular instrument which must be executed by the current title holder in order to vest that particula: real property interest with the County; and c. Schedule B-2 must list oql. y those easements and other restrictions to which any title policy would be subject (see paragraph 3). These, too, must be listed in reverse chronological order. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide title commitments for easement acquisition, and shall, in such cases, NOT require the execution of a warranty deed; but shall instead itemize as a requirement the recording of an easement for the purpose(s) as shall be specified in the County's NOTICE TO PROCEED. 3. The County will either request the Company to issue a title commitment for the parent tract, or' for only the area of the legal description provided, and not the parent tract, which request will accompany the NOTICE TO PROCEED. O 4. At the request of County, Company shall issue an endorsement or update of a title commitment upon County's compliance with the requirements as set forth in Schedule B-l, and payment of the dsk premium at the c~ntract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. (Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete.) 6. In addition to the terms and conditions governing invoicing contained in paragraph 3 of the Annual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact service performed, i.e. issuance of title commitment, issuance of title policy, etc. All invoices submitted for payment must be on Company letterhead and/or list Company as "Payee." Invoices from entities, other than the Company, under annual contract with the County will no.__~t be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated search reports shall be payment in full for title services rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no extra cost, legible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and matedalmen's liens, mortgages and financing statements, judgments, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. Where the portion of property sought by the County is part of the common elements of any homeowners' association, property owners' association, or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association (declarations of protective covenants and restrictions, articles of incorporation, corporate by-laws, etc.). Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall include with the title commitment a copy of the declaration of condominium, and any amer SEP 2 2 998 EXHIBIT"A" (2 OF 3) Recognizing that these association documents can be quite voluminous, Company can contact County there may be some doubt as to whether said copies are necessary. Copies of instruments should be atlached to the title commitment in the same reverse chronological order as listed in Schedules B-1 and B-2. After the copy of lhe instrument that evidences the current record title holder, there should be attached in reverse chronological order copies of all of lhose instruments listed in Schedule B-l, followed by all of those instruments listed in Schedule B-2, again, in reverse chronological order. 9. Delivery of the title commitments shall be in accordance with the schedule below, where 'delivery schedule" constitutes the total number of business days lapsing between placement of order by County (NOTICES TO PROCEED) and delivery by Company of completed title commitment(s). Number of Title Commitments Ordered Delively Schedule 1 to 3 6 business days 4 to 6 10 business days 7 to 12 15 business days 13 to 25 20 business days 26 to 35 25 business days over 35 To be negotiated updates 6 business days 10. Company shall NOT require a certified survey as a pre-condition to issuance of a title policy. '11. Certificates of Good Standing from the Office of the Secretary of State shall be listed as exceptions, and NOT as requirements. County shall vedfy by telephone, with the Division of Corporations in the state, other than Flodda, in which the corporation is registered, the status of any corporation conveying or releasing an interest in real property. Upon request by Company, County shall provide a record of the telephone conversation with the Division of Corporations from the appropriate state, other than Flodda, identifying the date through which the corporation is listed as being active and current. County shall provide, upon request, a copy of the Corporate Detail Record along with the Directors/Officers of the corporation from the Flor'ida Division of Corporations only. 12. The recordinq of corporate resolutions in the public records shall NOT be listed as a requirement. 13. Any requirement for a Notice of Commencement may be included as an exception at request of the County. 14. Company shall provide the Property Appraiser's folio number for the parenl tract from which County seeks an interest in real property. Ad Valorem ~axes, both current and delinquenl (if any) shall be itemized in the title commitment. 15. Ail orders for title commitments and title policies shall be in wdting either on County letterhead stationery or by completing the attached form (NOTICE TO PROCEED) and mailing or "faxing" it to Company. I SEP 2,2 1998 EXHIBIT"A" (3 OF 3) NOTICE TO PROCEED .... TO TITLE COMPANY COLLIER COUNTY RF_..~L PROPERTY MANAGEMENT DEPARTMENT DATE: FAX NUMBER: TO: (L:ompany Name} FROM: '('F__mp;oyee Name} PARCEL NO(S). PROJECT: INTEREST(S) SOUGHT BY COUNTY: Please provide: Title Commitment Update of Title Commitment Title Policy Identify the Company File / Search No. on Property: (TAPE OR TYPE LEGAL DESCRIPTION BELOW OR ATTACH SEPARATE SHEET) /~/~ 1998 98-2833 "Annual Agreement for Preparation and Delivery of Title Commitments" CONTRACT PROPOSAL F r_o m_: I 'oz ?',, e'rr cc,,o Date Due: July 15, 1998 Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Bid No. 98-2833 --"Annual Agreement for Preparation and Delivery Of Title Commitments" Dear Commissionurs: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Title Preparation and Delivery of Title Commitments as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made wilhout connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: Title Commitment $ J.,~, <50 (includes Search and Examination fees) (fiat rate) Update of Commitment $ ~ (Endorsement to initial commitment) (flat rate) Risk Premiums for Title Insurance (Over and above minimum $100 rate set forth in law). $17,300 to $100,000 real property value: $ ,.,z2'. '"¢-.,,~ I51,000 $100,001 to $1,000,000 real property value: $ ,,,,.0-',<2 ¢ /51,000 $1,000,001 to $10,000,000 real property value: $ ¢, OO t51,000 Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the bids.~ ~ instance should terms for less than 15 days payment be offered. I SEPt52 2 1998 ANNUAL AGREEMENT FOR TITLE COMMITMENTS THIS AGREEMENT, entered into this .... ~ day of , 1998, is by and between COLLIER COUNTY, a political su~-divi~q of the State of Florida (hereinafter referred to as "County"), and David J. Szempruch, P. A., whose business address is 5100 North Tamiami Trail, Suite 201, Naples, Florida 34103 (hereinafter referred to as "Company"). WITNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specificat!cns set forth in Bid #98-2833 "Annual Agreement for Preparation and Defivery of Ti{te Commitments," attach}ed hereto and incorporated herein by reference. 2. NOTICE TO PROCEED - The Company, shall not begin work on any assignment unIess a Notice to Proceed with that particular assignment has been issued by the County. Notices to Proceed with any assignment shall be in writing. Facsimile transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "A", attached hereto and incorporated herein by reference. 3. INVOICING - The Company may bill the County via monthly statements which shall have attached copies of all invoices for work performed during the billing period, or the Company may submit a separate bill or invoice for services rendered (or for policies issued and premiums due) along with each billable work product delivered to the County. Monthly biliings by the Company shall be split among the proiects for which the title reports were prepared, such that each project's title work shall be billed on a separate invoice. Each invoice must contain the County Project and Parcel Number in addition to the Title Commitment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set for-th on the "Contract Proposal" attached hereto and incorporated herein, 4. PAYMENTS - The County shall make payments to the Company within 30 days of receipt of invoice, unless the provisions of this Agreement governing disputes are exercised by the County. 5. TERMINATION OF AGREEMENT - Should the 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 cause. The County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be the sole judge of non-performance. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) ,o. S E P 2 2¢, 1998 ¢,,~. / ~ . Annual A~reement for Title Commitments Page 2 years. The County retains the right to renew this Agreement. with the consent of the vendor under the same terms and conditions, for two (2) additional one year periods. 7. QUALITY REVIEW - Determination and judgment as to the quality/acceplability of the services provided by the Company shall be the sole province and responsibility of the County. 8. COMPLETION/CORRECTiON OF ASSIGNMENTS Should the completion of assignments and/or services provided by the Company be found unacceptable as lo quality and/or completeness, on the basis of common and customary standards for such services, as may be found in the community, or governed by law, or regulated by standard,..: of professional practice, the County shall have the sole discretion lo take any one or a combination of the following measures: a. Require the Company to complete the assignment(s) forthwith al the Agreement rate, if payment for such assignment(s) has not yet been made. In the evenl that the County has already made payment to the Company for completion of the assignment(s), the County may require the Company to complete the assignment forthwith at the expense of the Company b. Require the Company to correct or revise the work product(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. Inthe event that the County has already made payment to the Company for the work product(s), the County may require the Company to correct or revise the work product(s) forthwith at the expense of the Company. c. Complete the assignment(s), and/or revise/correct the work product(s) using County forces or other Agreements, and bill the Company as follows: (1) In the event the County has already paid for the completion of the assignment, the County shall charge the Comoany either the Agreement rate to complete the assignment utilizing the County forces, or the rate charged by another title company engaged by the County to complete the assignment. (2) In the event the County has already paid for the work product, the County shall charge the Company either the Agreement rate to revise/correct the work product utilizing the County forces, or the rate charged by another title company engaged by the County to revise or correct the work product. 9. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums sol forth in the "Contract Proposal" shall be paid directly or indirectly to any officer or employee of the County as wages, compensation, or gifts in exchange:fo... ~,~,...,n Annual Agreement for Title Ccmmltments Page 3 as officer agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 10. ASSIGNMENT PROHIBITED The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the Cou~'~ty. 11. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 12. GENERAL LIABILITY INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commerciaI general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 combined single limits. The County shall be named as an "additional insured" on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate holder as additional insured shall read as follows: "Collier County Board of County Commissioners Naples, F orida" , 13. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend the County, and County's agents and employees, from all suits and act OhS, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company and/or the Company's agents and employees. ' 14. MODIFICATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by the parties hereto. 15. NON-DISCRIMINATION _ No person, on the grounds of handicap, race, color, re gion, sex or national origin, shall be excluded from participation in, be denied ~he benefits of, or be otherwise subjected to discrimination in the performance of this Agreement, or in the employmenl practices of the Company. The Company shall, upon request, show proof of such non-discrimination, and shall post in conspicuous places, available to al/employees and applicants, notices of non-discrimination. 16. INTERPRETATION AND CONSTRUC'f'ION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or orat agreemenls, provisions, conditions, or premises other than those so stated above. 17. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: J &G£NO&/{ T£M I i ! Annual Agreement for Title Commitments Page 4 As to the County: As to the Company: Real Property Management Department David J. Szempruch, P. A. Eighth Floor, Administration Bldg. 5100 North Tamiami Trail 3301 Tamiami Trail East Suite 201 Naples, Florida 34112 Naples, Florida 34103 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, a political subdivision of the State of Florida By: By: Deputy Clerk BARBARA B. BERRY, Chairman iteO THE COMPANY: · David J. Szempruch, P. A. ~S,¢~at~e)~ ~ J. S~.~ ~pdt~,."~r~ s i d e nt Name:"~¢-,~¢-,~-, / D. (Print ~r Type) Witness (Signature) Name: ~,.~ ~~/. (Print or Type) ~proved as to form and legal s~ciency: He,dj F. Ashton Assistant Coun~ Attorney SEP 2 2 1998 EXHI81T "A" (1 OF 3) SPECIFICATIONS FOR THE PREPARATION AND DELIVERY OF TITLE COMMITMENTS 1. Title Commitments are to be prepared as follows: a. Schedule A must identify the specific interest in real property to be acquired by the County, lhe current record title holder of Ihe fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule B-1 must list ~ the requirements whic~ must be fulfilled in the event a title policy is to be purchased. Requirements should be listed in _r~ver~. chronological order, beginning wilh the particular instrumenl which must be executed by the current title holder in order to vest that Particular real P~operty interest with the County; and c. Schedule B-2 must list o...~nly those easements and other restrictions to which any title policy would be ~ubject (see paragraoh 3). These, too must De listed in reverse chronological order. 2. In addition to the title commitments issued pending a fee simple acquisition, Company shall provide lille commitments for easement acquisition, and shall, in such cases, NOT require the execution of a warranty deed; but shall instead itemize as a requirement the recording of an easement for the purpose(s) as shall be specified in the County's NOTICE TO PROCEED. 3. The Counly will either request, the Company to issue a title commitment for the parent tract, or for only the area of the legal description provided, and not the parent tract, which request will accompany the NOTICE TO PROCEED. -- 4. Al the request of County, Company shall issue an endorsement or update of a title commitment upon County's compliance with the requirements as set forth in Schedule B-l, and payment of the risk premium at the contract rate, Company shall issue County a title policy for the level of coverage equivalent to lhe value of the interest in real properly sought by the County. 5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the initial issuance of the title commitment. (Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete,) 6. In addition to the terms and COnditions governing invoicing contained in paragraph 3 of Ihe Ar, nual Agreement for Title Commitments, all invoices, bills and/or statements must specify the exact se, vice performed, i.e. issuance of title commitment, issuance of title policy, etc. All invoices submitted for payment must be on Company le~er'head and/or list Company as "Payee." Invoices from ent ties other than the Company, under annual contract with the County will no__~t be paid. ' 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In Such instances, payments made by the County for title commitments and updated search reports shall be paymenl in full for t/tie services rendered by Company related to the subject real estate. 8. Title commitments and updated search repods shall include as attachments, at no exlra cost, ~ copies of all state and federal tax liens, ad valorem tax defic/encies, mechanic's and matedalmen's liens, I modgages and financing statements, judgments, lis pendens, contracts for deed, recorded leases, I easements and any and all covenants and restrictions of record affecting the real property sought by the County. Where the portion of properly sought by the County is part of the common elements of any homeowners' association, property owners' associat on, or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association (declarations of protective covenants and restrictions, adicles of incorporat on, corporate by.laws, elc.). Where the portion of the real property sought by County is part of the common elements of a condominium, Company shall iht. Jude with the title commitment a copy of the declaration of condomin urn, and any amen_.,L-~..,~,,: thc, ret~ EXHIBIT"A" (2 OF 3) Recognizing that these association documents can be qu~te voluminous, Company can contact Counl( there may be some doubt as to whelher said cop~es are necessary. Copies of inslruments should be attached to ',he lille commiImenl in Ihe same reverse chronological order aslistedinScnedulesB. 1 and B-2. Afterthe cop,,' of the ns,rumentlhal evidences the currenl record tide holder, there should be attached in reverse chronological order copies or' all of Ihose inslrumenls listed in Sc,hedule B-I. followed by all or' Ihose instruments lisIed in Schedule B-2, again, in reverse chronological order. 9. Delivery of the title commitments shall be in accordance with the schedule below, where "delivery schedule" constilutes the total number of business days lapsing between placement of order by Courtly (NOTICES TO PROCEED) and delive,"y by Company of completed title commitmenl(s). Number of TitI_e._Commitments Ordered Delivery Sche. dule 1 to 3 .6 business days 4 ~0 6 10 bus;ness days 7 Io 12 15 business days 13 to 25 20 business days 26 lo 35 25 business days over 35 To be negotJaled updales 6 business days 10. Company shall NOT require a cedffied survey as a pre-condition lo issuance of a title policy. 11. Certificates of Good Standing from the Office of the Secretary of Slale shall be lisled as except ohs. and NOT as requirements. County shall verify by telephone, with lhe Division of Corporations in the stale, other than Florida, in which the corporation is regisered, the status of any corporalion conveying or releasing an interest in real property. Upon requesl by Company, Courtly shall provide a record of telephone conversation with the Division of Corporations from lhe appropriale state, other lhan Florida, idenlifying the date through which the corporation is listed as being active and current. County shall provide, upon request, a copy of the Corporate Detail Record along with lhe Directors/Officers of the corporation from the Florida Division of Corporations only. 12. The recording of corporate resolutions in the public records shall .NOT be listed as a requirement. 13. Any requirement for a Notice of Commencement may be included as an exception at requesl oi' [he County. 14. Company shall provide the Properly Appraiser's folio number for the parent Iract from which County seeks an interest in reatproperly. Ad Valoremlaxes, both current and delinquent (if any) shall be itemized in the lille commitment. 15. All orders for title commitments and title policies shall be in writing either on County letterhead stationery or by completing lhe atlached form (NOTICE TO PROCEED) and mailing or "faxing" il to Company. EXHIBIT "A" (3 OF 3) DATE: FAX NUMBER: TO: ompany, ame FROM: PARCEL NO(S). PROJECT: INTEREST(S) SOUGHT BY COUNTY: Please provide: Title Commitment Update of Title Commitment Title Policy Identify the Company File / Search No. on Properly: (TAPE OR TYPE LEGAL DESCRIPTION BELOW OR ATTACH SEPARATE SHEET) , ': FAC HG F/PLRC, H v;', 1-941.~,93.5,.-.95 P OIS 98-28.32 "Azm'~l A,g-reemc~t f'or Prcparafion ~d Dellve~ oFThle Corm:,itmenrs" CO NTI:~CT PROPOSAL Dale Due: July 15. 1998 Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Bid No. 98-2833 -"Annual Agreement for Preparation and Delivery Of Title Commitments" Dear Commissic,qers: The ur~dersigned, as bidder, hereby declares that he has examined the specifications and reformed himself' fully in regard to all conditions pertaining to the work to be done for Title Preparation and Delivery of Title Commitments as far the a~ached specificahons. The Bidder further declares that the only persons, company or part/es interested in ~his Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a B~d or Proposal; and it is ali respects fair and in good faith, without collusion or fraud. The B:dder proposes and agrees, if' this Proposal is accepted, to contract with the Coun':y furnish work in full, in complete accordance with the attached specifications, according to the Following unit prices: Title Commitment $ (Includes Search and Examination fees) -- ' (~a~ rate) Update. nf Commitment $ (Endorsement to initial commitment) (fiat rate) Risk Premiums for Title Insurance (Over and above minimum $100 rate set forth in law). $17,300 to $100,000 real property value: $ --¢(". "~/$1,000 $100,001 to $1,000,000 real property value: $ %", E>O/$1,000 $1,000,001 to $10,000,000 real ~ropecty value: Any discounts or terms must be shown on the Proposal Farm Suchdscounts Jif any, will be considered and computed h'~ the tabulation of instance should terms for .ess than 15 days payment be offered. ANNUAL AGREEMENT FOR TITLE COMMITMENTS THIS AGREEMENT, entered inlo th~s day of , 1998, is by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and FIRST TITLE & ABSTRACT, INC,, a Florida corporation, whose business address is 1040 Goodlette Road North, Naples, Florida 34102 (hereinafter referred to as "Company"). WlTNESSETH: In consideration of the mutual promises contained herein, County and Company hereby agree as follows: 1. SCOPE OF WORK - The Company shall provide title commitments to the County in accordance with the Specifications set ~'odh in Bid #98-2833 "Annual Agreemer~t for Preparation and Delivery of Title Commitments" attached hereto and incorporated herein by reference. ' 2. NOTICE TO PROCEED The Company shall nol begin work on any assignment unless a Not/ce to Proceed with thai particular assignment has been issued by the County. Notices to Proceed with any assignment shall be in writing. Facsimile transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "A" attached hereto and incorporated herein by reference. ' 3. INVOICING - The Company may bill the County via monthly statements which shall have attached copies of all invoices for work performed during the billing period, or the Company may submit a separate bill or invoice for services rendered (or for policies issued and premiums due) along with each billable work product delivered to the County. Monthly billings by the Company shall be split among the projects for which the title reports were prepared, such that each project's title work shall be billed on a separate invoice. Each invoice must contain the County Project and Parcel Number in addition to the Title Commtment, or Title Policy Number. The Company's invoices must comply with the fees and rates as set forth on the "Contract Proposal" attached hereto and. incorporated herein. 4. PAYMENTS - The County shall make payments to the Company within 30 days of receipt of inv3ice, unless the provisions of this Agreement governing disputes are exercised by lhe County. 5. TERMINATION OF AGREEMENT - Should the 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 cause. The County may terminate this Agreement for convenience witha seven(F) day written notice. The County shall be the sole judge of non-performance. 6. AGREEMENT RENEWALS - This contract will commence on the date of award by the Board of County Commissioners. The initial contract term shall be for a period of two (2) i *c[ ~oA, I'T[M I I SEf22,'iS98 J Annual Agreement for Title Com~nitments Page 2 years. The C, ounty retains the right to renew th~s Agreement, with the consent of the vendor under ,he same terms and condit ons, for two (2) additional one year periods. 7. QUALI'FY REVIEW - Determination and judgment as to the qualitylacceptabitity of the services provided by the Company shall be the sole province and responsibility of the County. 8. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the completion of assignments and/or services provided by the Company be found unacceptable as to quality and/or completeness, on the basis of common and customary standards for such services, as may be found in the community, or governed by law, or regulated by standards of professional practice, the Count), shall have the sole discretion to take any one or a combination cf the following measures: a. Require the Company to complete the assignment(s) forthwith at the Agreement rate, if payment for such assignment(s) has not yet been made. In the event that the County has already made payment to t~e Company for completion of the assignment(s), the County may require the Company to complele the assignment forthwith at the expense of the Company. b. Require the Company to correct or revise the work product(s) forthwith at th6 AgreemenI,-ate, if payment for such assignment(s) has not yet been made. In the event that the Counly has already made payment to the Company for lhe work product(s), the County may require the Company to correct or revise the work produ.:t(s) forthv,/ilh at the expense of the Company. c. Complete the assicnment(s), and/or revise/correct the work product(s) using County forces or other ~,greements, and bill the Company as follows: (1) In the event the County has already paid for the completion of the assignment, lhe Counly shall charge the Company either the Agreement rate Io complete the assignment utilizing the County forces, or the rate charged by another title company engaged by the County to complete the assignment. (2) In the event the Cour:ty has already paid for the work product, the County shall charge the Company either the Agreement rate to revise/correct the work product utilizing the County forces, or the rate charged by another title company engaaed by the Counly to revise or correct the work product. " 9. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or premiums set forth in the "Contract Proposal" shall be paid directly or indirectly to any officer or employee of the County as wages, compensation, or gifts in exchang~f,:,;.: '"',,"*;n,'-, Annual Agreement fcr Title Ccm~itments Page as officer agent, employee, subcontractor or consultant to the Company in connection with any work contemplated or performed in connection with this Agreement. 10. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no assignment of any part of this Agreement without the written consent of the County. 11. WORKERS' COMPENSATION INSURANCE - The Company shall maintain Workers' Compensation insurance adequate to cover all of its employees to the limits required by applicable state and federal laws. 12. GENERAL LIABILI'T-Y INSURANCE - The Company shall maintain during the term of this Agreement comprehensive commercial general liability coverage, including bodily injury and property damage, in an amount not less than $300,000 com::)ined single limits. The County shall be named as an "additional insured" on said policy; and the Company shall provide the County with an insurance certificate wherein the Certificate holder as additional insured shall read as follows: "Collier County Board of County Commissioners, Naples, Florida." 13. INDEMNIFICATION - The Company shall indemnify, hoId harmless and defend the County, and County's agents and employees, from all suits and actions, including attorneys' fees and all costs of litigation, and all judgments of every name and description, brought against the County as a result of loss, damage or injury to persons or property by reason of any act, or failure to act, by the Company, and/or the Company's agents and employees. 14. MODIF:CATION OF AGREEMENT - This Agreement may be modified only by written amendment executed by the parties hereto. 15. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color, religion, sex or national origin, shall be excluded from participation in, be denied the benefits of, or be other-wise subjected to discrimination in the .performance of this Agreement, or in the employment practices of the Company. The Company shall, upon request, sho.~ proof of such non-discrimination, and shall post in conspicuous places, available to all employees and applicants, notices of non-discrimination. 16. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida; and this written Agreement, including all exhibits hereto, constitutes the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous, written or oral agreements, provisions, conditions, or.premises other than those so stated above. 17. NOTIFICATION - All notices shall be given in writing to the parties at the following addresses: SEP 2 2 1998 Annual Agreement fcr Title Cormmitments Page 4 As to the County: As ~o the Company: Real Property Management Department First Title and Abstract, Inc. Eighth Floor, Administration Bldg. 1040 Goodlette Road North 3301 Tamiami Trail East Naples, Florida 34102 Naples, Florida 34112 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, a political subdivision of tt'~e SIate of Florida By: By: Deputy Clerk BARBARA B. BERRY, Chairman AS TO THE COMPANY: FIRST TITLE AND ABSTRACT, INC., Florida~ Wi~ess ~(Signature) Mark.~dward, President Name: _ :A,~;~, b. ~.~ (Print or Type) " Witness (Signature) Name: (Print or Type) Approved as to form and legal sufficieqcy: , H'e~di % ~s hion Assistant County Attorney EXHIBIT"A" (1 OF 3) SPECIFICATIONS FOR THE PREPARATION AND DELIVERY OF TITLE COMMITMENTS 1. Title Commitments are to be prepared as follows: a. Schedule A must identify the specific interest in real property to be acquired by the County, the current record title holder of the fee simple interest in said real property, and the exact manner in which said title is currently held; b. Schedule B-1 must list ~ the requirements which must be fulfilled in the event a title policy is Io be purchased. Requirements should be listed in reverse chronological order, beginning with the particular instrument which must be executed by the current title holder in order to vest that parl. icula,- real property interest with the County; and c. Schedule B-2 must list only those easements and other restrictions to which any title policy would be subjed (see paragraph 3). These, too, must be. listed in reverse chronological order. 2. tn addition to the title commitments issued pending a fee simple ac. qu sition, Comps, ny shall provide title commitments for easement acqu sition, and shall, in such cases, NOT require the execution of a warranty deed; but shall instead itemize as a requirement the recording of an easement for the purpose(s) as shall be specified in the County's NOTICE TO PROCEED. 3. The County will either request the Company to issue a title commitment for the parent tract, o...Z for only the area of the legal description provded, and not the parent tract, which request will accompany the NOTICE TO PROCEED. 4. At the request of County, Company shall issue an endorsement or update of a title commitment upon County's compliance with the requirements as set forth in Schedule B-l, and payment of the risk premium at the cx:.ntract rate, Company shall issue County a title policy for the level of coverage equivalent to the value of the interest in real property sought by the County. 5. "Owner's Amount" (property value) shall state. "TO BE DETERMINED" upon the initial issuance of the title commitment (Unlike typical real estate purchasers, the County often seeks title information long before the valuation of the interest to be acquired is complete.) 6. In addition to the terms and conditions governing invoicing contained in paragraph 3 of the Annual Agreement for Title Commitments, all invo ces, bills and/or stalements must specify the exact service perfor;med, i.e. issuance of title commitment, issuance of title policy, etc. .,'.JI invoices submitted for payment must be on Company letterhead and/or list Company as "Payee." Invoices from entities, other than the Cempany, under annual contract with the County will no_...~t be paid. 7. County shall pay no penalty, fee or other charge for failure to order a title policy. In such instances, payments made by the County for title commitments and updated search reports shall be payment in full for '!tie se~ices rendered by Company related to the subject real estate. 8. Title commitments and updated search reports shall include as attachments, at no exlra cost, !e, qible copies of all state and federal tax liens, ad valorem tax deficiencies, mechanic's and matedalmen's liens. mortgages and financing statements, judgments, lis pendens, contracts for deed, recorded leases, easements and any and all covenants and restrictions of record affecting the real property sought by the County. Where the podion of property sought by the County is part of the common elements of any homeowners' association, property owners' association, or civic association, Company shall include with the title commitment a copy of all recorded instruments pertinent to said association (declarations of protective covenants and restrictions, articles of incorporation, corporate by-laws, etc.). Where the portion of the real property sought by County is part of the common elements of a condominiu~',mn.n~, shall include with the lille commitment a copy of the declaration of condominium, and any i S£P22 1998 EXHIBIT"A" (2 OF 3) Recognizing that these association documents can be quite voluminous, Company can contact Countj there may be some doubt as to whether said copies are necessary. Copies of instruments should be attached lo the title commitmenl in the same reverse chronological order as listed in SchedulesB-1 and 8-2. After the copy of the instrument that evidences the current record title holder, there should be attached in rev~.rse chronological order copies of all of those instruments listed in Schedule B-l, followed by all of those instruments listed in Schedule B-2, again, in reverse chronological order. 9. Delivery of the title commitments shall be in accordance with the schedule below, where 'delivery schedule" constitutes the total number of business days lapsing between placement of order by County (NOTICES TO PROCEED) and delivery by Company of completed title commitment(s). Number of Title Commitments Ordered Delivery Schc'dule 1 to 3 6 business days 4 to 6 10 business days 7 to 12 15 business days 13 to 25 20 business days 26 to 35 25 business days over 35 To be negotiated updates 6 business days 10. Company shall NOT require a codified survey as a pre-condition to issuance of a title policy. 11. Certificates of Good Standing from the Office of the Secrelary of State shall be listed as exceptions, and NOT as requirements. County shall verify by telephone, with the Division of Corporations in the state, other than Florida, in which the corporation is registered, the status of any corporation conveying or releasing an interest in real property. Upon request by Company, County shall provide a record of the lelephone conversation with the Division of Corporations from the appropriate state, other than Flodda, identifying the date through which the corporation is listed as being active and current. County shall provide, upon request, a copy o.f the Corporate Detail Record along with the Directors/Officers of the corporation from the Florida Division of Corporations only. 12. The rec~r, dinq of corporate resolutions in the public records shall NOT be listed as a requirement. 13. Any requirement for a Notice of Commencement may be included as an exception at request of the County. 14. Company shall provide the Property Appraiser's folio number for the parent tract from which County seeks an interest in real property. Ad Valorem taxes, both current and delinquent (if any) shall be itemized in the title commitment. 15. All orders for title commitments and title policies shall be in writing either on County letterhead stationery or by completing the attached form (NOTICE TO PROCEED) and mailing or"faxing" it to Company. EXHIBIT "A" (3 OF 3) , NOTICE TO PROCEED TO TITLE COMPANY COLLIER COUNTY REAL PROPERTY MANAGEMENT DEPARTMENT DATE: FAX NUMBER: TO: (~ompany' Name) FROM: '("ET~Fp;oy ee' Nam e ~ PARCEL NO(S), PROJECT: INTEREST(S) SOUGHT BY COUNTY: Please provide: Title Commitment Update of Title Commitment Title Policy Identify the Company File / Search No. on Property: (TAPE OR TYPE LEGAL DESCRIPTION BELOW OR AT-I-ACH SEPARATE SHEET) SEP 2 2 1998 Bid # 95-2833 "A.n. nual Agreement for Preparation and Delivery of Title Commitments" CONTRACT PROPOSAL Date Due: July 15, 1998 Board of Coun~ Commissioners - - Collier Coun~ Government Center Naples, Florida 34112 RE: Bid No. 98-2833 .. "Annual Agreement for Preparation and Delive~ Of Title Commitments" Dear ~- ' ' ' · ~u~l fllssIoRers The undersigned, as bidder, hereby declares that he has examined the spedfic~tio~s amd informed himself fully in regard to al! conditions pe~ainin9 to the work to be done for Title Preparation and Oelive~ of Title Commitments as per the a~ached specifications. The Bidder fu~her declares that the only persons, company or pa~ies interested in this Proposal or the Contract to be e~ered imto as principals are named herein: that this Proposal is made withou~ connection with any other person, company or companies submi~in9 a Bid Proposal; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this proposa~ is accepted, to contract with the County f~mish work in full, i~ compiete acoorda~ce with the a~ached specifications, ~ccordi~9 to the following unit ~rices: Title Commitment $ (Includes Search and Examination fees) (fiat rate) Update of Commitment $ (Endorsement to initia~ commitment) (fiat rate) Risk Premiums for Title Insurance (Over and above minimum $100 rate set fo~h in law). $17,300 to $100,000 real prope~ value: $....%'~ /$1,000 $100,001 to $1,000,000 real prope~ value: $ ~ '~/$1,000 $~ ,000,001 to $10,000,000 real prope~ value: $ Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of~e bids. In no instance should terms for less than 15 days payment be EXECUTIVE SUMMARY CHAIRMAN TO SIGN THE RESOLUTION, COUNTY GRANT APPLICATION AND THE GRANT DISTRIBUTION FORM FOR EMS MEDICAL EQUIPMENT. OBJECTIVE: Request Board to authorize lhe Chairman to s~gn the Resolution EMS County Grant App!~cal:on and the EMS Grant D~slribL;l~on Form for EMS Medical Equipment CONSIDERATIONS: The State of Florida established the Emergency Medical Serwces Granl Award Program for lhe ~mprover~enl and/or expansion of emergency medical serwces Colt~er Oounty s poq~on of lhe grant for fiscal year 1998/g9 Js The mon~es w~!~ be ~trl~zed ~y the En~er,~ency Med~c81 Services Departmer-,.~ for ~he p~:rcm;~se of necessx~ry med~caf equ~pmenl and provision of tra~n~r~o classes FISCAL IMPACT: Equrpmenlpurchasesandprows~on of tra~nrng classes w~ll be complelely funded by the Slale of Flonda Emergency Medical Services Grant Award Program The mon~es w~ll be deposited and d~sbursed from Fund 491 Grants GROWTH MANAGEMENT IMPACT: Non~ RECOMMENDATION. Tha~ ~he Board a~thor~ze the Ch~rman 1o s~gn the Resolution 0ounly Grant Appl~cal~on and lhe Grant D~stnbullon Form and authorize the Emergency Medrcal Services Department Io recognize carry forward and accrued ~nterest earned on the granl mon~es lhough a budgel amendment PREPARED BY:':b~_ ~,ane / E ~erge~cy Services APPROVED BY'.. DATE' Leo Ochs. Jr Support Services Administrator t SEP 2 2 1998 anti ,~. Emergency Medical Services (EMS) County Grant Application State of Florida Department of Hea!th Bureau of Emergency Medical Services Grant No. C. i. 1. Board of County Commissioners (grantee) Identification: Name of County: Collier Business Address: Building H - 3rd floor - 3201 East -ar. ia.-..i Trail , Naples, Florida, 34112 Phone # (94l) 774-a~57 SunCom #( ) 2. Certification: I, the undersicned official of ",n_,= ,-,,-,-,4 n, ,~ v namec' ~'",,.,_,.., '"'" ,.,,, ce ~:,f'¢ '~',. ,~. .... ,,.., the best of _ ,n,orm=.on and '-'~ con:a~ne: in tin. ts ' c,-,,~ ...... : A',.varc. A:'-.oiicafion ant its myknowied..qeancbeiiefa!l: ' ' -': .... --"~q ' ' ~tt=,..i ,m=, ,,s are true andc..r, ' .-" ..... ~ v,,i - ' fully with My signature acknowledges anc ensures t:",a: 1 have rea!, Florida ELiS County Grant Maauai. Printe~ Name: B a ,-"-' a r a ~ ~ ...... · .,~. 3hairr, an Sianature: Date Sic .... _ SIGN '" ' ~":'~' ~' ':":":~ ' 3. Au~nor:,ze~ Contact ?arson: Person '"'~; "'-'"'~ authcr]:v grant. Diane B. Flagg .Cc!lief ~.3untv E;<S, Buiiilr. g H- 3ri Business Ac:dress: 330! Ea:t~ -,::mi:-~r,t "ifad~. , Naples, Fio~x=,~ ..... 341~ ~.~ (City) (State) (Zip) Phene#(eaz) 7'7,:;-a~.s9 SunCom :( ) - ~.. C,.,umy s -"~""r' .... ai Tax Identifi~tion Number: VF DH Form 1584 Jan. es. Resolution Attach a resolution from '"",:: Board of Cour',tv Commissioners "'-"'i~,'~_ ' ¢ from the EMS Csur',ty Grant will improve and expand the county's srehospita! :._..MS s';'s:em a,nc" -' g, ~, ,~ m..,, ,=_s v,'~!,, nc. b" used ts susplant existing county EMS bud:et alls,c.at,,sns. 6. Work Plan: Work Activities: Time Frames: Bid, purchase and distribute equiDr, ent Six (6} r. cnths after contract begins . Provide speclalized medical/rescue educational courses Six (6) months after contract 8. APPLJCATION (Requires Signature) REQ UES T FOR CO UNTY GRANT DIS TRIB UT?ON(AD VANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM Ir, acco~ance wifh the p~ovisions of seC, ion 40~. ~13(2)(a), F.S., the unaersigned hereby requests an EMS county g,"ant distrfbction (advance payment) for the impcovement anC expansion of ~ehospital EMS. ,~aymentTc: c:-:_:E2 cot:t;';':' ~c.A.=,:: e? h;ame o; ~oarc or dounty L,'omm;ssJoners 23g1 £ast ?amia~..i ~.rail Aooress :;a~les, Florida, 34112 (City) (State) 5 9 6 C, 0 ,3 ~, 5 8 Federal Tax ID Number of county:__ .. - - Authorizing County Official SIGNATURE: Date: Printed Name: Barbara 5 -~er~',' 'T~tIe: -Aairr. an SIGN AND RETURN WITH YOUR GRANT APPLJCATION TO: Deoartment of Health Appr~oved ::ureau of .-meroency M_ad, cal Serv]ces .. EMS County Grants - - " 2002D Old St. Augustine,Road :"'-,. 7a/iahassee, Florica 3z.:O ~-..~8 , For Use Only by Department of Health, Bureau of Emergency Medical Services Amount: $ Grant Number:. Approved 9y: Date: 5/gna[ure, S;ate EMS Grant O~r Fiscal Year:. Amount: $ Omanization Code E.O. Obie¢ Code 64-'25-60-00'000- 5 9 6 0 0 0 5 5 8 Federal Tax I.D. V Er~in~r Da~wCJ2 B~inning Date: EXECUTIVE SUMMARY AWARD BID NO. 98-2824 FOR TIlE PiIRCIIASE OF UNIFORMS FOIl TIlE EMERGENCY M EDICA L SERVICES I)i:]PARTM ENT. O~B.IECTIVE_.- To procure uniforms in a cost effective manner througil the award and use of term purchase order contracts. .CONSIDERATION..__On June 22, 1998 the Collier County Purchasing Department sent bid invitations to seventy-nine (79) vendors for the purchase ofunifc)rms for EMS Department. On July 16, 1998 bids were publicly tabulated In evaluating tile bids, EMS staffcontacted the Iow bidder to verify compliance with the published specifications. Harrison is the lowest bidder, however, due to previous unsatisfactory experience with this vendors' performance; (Failure to process orders, failure to fit properly, fifilure to correct problems after notification by staff) staff recommends rejection of Harrison hid Attached is the list of thc rc,;ommcnded awardccs (Altachmenl A) _FISCAl. IMPACq_': Funds tbr these purchases are approximately $225.00 per uniformed professional. Funds for these purchases are appropriated in Fund 490-144610- 652110 _GROWTH MANAGEMENT IMPACT: None I~ECOMMENDATION: That the Board of County Commissioners award Bid No. 98-2824 to Mart/ns, Aureus and Skaggs as recommended herein fbr the purchase of unif'orms for the EMS personnel O ~ . nerese urtengre/~, EMS Commander / SEP 2 2 19981 / ",.- / -I Diane B. Flagg, Chief Emergency Services Department ~eve Carnell, Director Purchasin~General Services Departrrmnt :---51~ ............. -~o~- ~,,~,~ IX:o Ochs Adrninistrator Support Services Division I''o. /d~ ~6' { $EP221998 ATTACHMENrl' A 1998 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING EXPENSES. OBJECTIVE: To have the Board approve the attached budget amendment to fund operating expenses for building maintenance and repair items known as special services. CONSIDERATION: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance. This work is titled special service and expenses are passed through to the user department's. Revenues are received from various "consumer" departments as payment for materials used and services performed. This procedure occurs approximately three times per year. These funds are already budgeted in the user department's and are merely being transferred to the Building Maintenance Section Cost Center. Those revenues have been put into the General Fund Reserves. FISCAL IMPACT: A budget amendment of $30,500 is needed from General Fund Reserves (001-919010-9991000) to Building Maintenance Operational Expenses (001- 122240). Reimbursement Revenues in the amount of $30,500 have already been received compensating for the reduction in reserves. This will be reflected in the actual FY 99 Carry For~vard. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments as addressed within thi)summary. Daniel R. Rodriguez, ~~anager Department of Facilities M"anagement Skip Camp, CFM, Director' Department of Facilities Management APPROVED BY: ~' Xx~ ¢~ Date: '~/~'~ Suppo~ Se~ices Divi~io~ ~ ~O. /(~_ _ SEP 2 2 1998 From: brock m Sent: Tuesday, September 15, 1998 3:55 PM To: rodriguez_dan Subject: RE: Executive Summary Dan, See attached with new changes on same sentence. You can just give the signed copy Io Leo and when he sees Barbara at tomorrow's meeting he can hand it over to her. Thanks... Mary-Jo From: roddguez_dan Sent: Tuesday. September 15. 1998 3:48 PM To: brock_m Subject: Executive Summary Mary Jo, Please review the attached executive summary for the appropriate changes. <<File: Ex Sum Special Serv. Rev. #3.doc>> Thank you, Dan APPROVAL OF A RESOLUTION UPDATING THE COLLIER COUNTY AMBULANCE SERVICE USER FEES OBJECTIVE: To have the Board of County Commissioners adopt a resolution updating ambulance service user fees. CONSIDERATIONS: On September 13, 1994 the Board of County Commissioners approved an ordinance and resolution to establish a new ambulance billing process. This process allowed staff to accept patient insurance payments including Medicare/Medicaid assignments prior to direct billing the patient for any allowable unpaid balance due. The initial rate established in 1994 was a single charge of $250 for a transport. On June 25, 1996, the Board amended the 1994 ordinance and adopted a new billing resolution. These changes were approved to optimize and maximize the allowable revenues from Medicare and other sources. The rate approved by the Board was $302 for an ambulance transport. Medicare increases its allowable amount every January based on charges billed for an ambulance transport for the twelve month period ending the previous June 30. Attached as Exhibit 1 is the fee screen (allowable fees) Medicare provided to Collier County for the twelve month period beginning January 1, 1998. Attached as Exhibit 2 is a listing of the counties Medicare uses to develop Collier County allowable rates. Staff recommends a rate of $300 per transport for fiscal 1999. Attached as Exhibit 3 is a schedule of definitions (charge categories) used by Medicare to determine the allowable rates for Collier County. Medicare has pre-approved a mileage allowable rate for Collier County of $4.21 (BLS) or $4.16 (ALS) per mile. See Exhibit 1. At the present time, Collier County's rate resolution does not provide a mileage charge. The attached rate resolution includes a charge of $5.00 per mile for each ambulance transport. lntracounty transports will be capped at seven miles. Intercounty transports will be billed at actual miles. The addition of a $5.00 per mile charge for each billable transport will generate a net positive cash flow to the County of $251,200 over a twelve month period. The attached resolution includes a waiver of special event charges for the Collier County School Board. The waiver is for stand-by charges for football games played in Collier County. These charges have historically been $3,500 to $4,500 on a seasonal basis. I SEP'2 2 1998 FISCAL IMPACT: Board approval of the attached resolution will generate a net revenue of $3,549,000 for fiscal 1999 based on 16,800 billable amDulaRce fee transports. There is no additional operating cost to the Board to implement the new fees. Approval of this resolution is in accordance with the Board's budget directions for EMS for fiscal 1999. GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: The Board adopt the attached resolution. John A. 'l~nkosky, Direct~ - ~ Departme'dt of Revenue Services Reviewed by:, ___~~~, d.~/ ~_~ ~'~_~ Date: Leo Ocl'fs, Jr., Adr'fiinistrator Support Services Division SEP 2 1998 ,Pg.., ~ Z ~ ~ 0 oo~~ ~o~ < _ ~ ~ OZ~ ~ Z - o ~ <~S =<<< ~Zo~ << J~ 00~ ~ - ~ ~ ~ ~o z o - ~-0 <~_~<~ ~ z ~0000~~ ~~0 z~ 0 .rr'z <: LU A; ~: o~ ~o r~ <a~ < o ,__1 << ~a-' - - -°"'x6 S o o-~ o i AG£~OA 'i~£N ~ SEP 2 998 L-~{ IB IT 2 ' [iL ~.~ 5 - ~- = .= _ .- ..~--~ ~ ~ ~ ~ c u ~ . ~ ~ ~.- ~ = ~_ ~ ~.- ~.~= = --c ~ - ~ = -- - ~ ~ ~ = .= ~ ~ -- ~ c ~ ~= ~ E--= ..... · - _ ~ c= : , ' I~ ~ ~'~ ~- : o u= ~ < ~ u E ~ J . I = =.-='- ~ ~ ~- SEP 2 1998 Pg' , EXHIBIT 3 ] RESOLUTION NO. 98 - 2 3 4 RESOLUTION APPROVING USER FEES FOR COLLIER .5 COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER 6 COUNTY ORDINANCE NO, 96 - 36; ADOPTING BILLING AND ? COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND 8 WAIVERS; AND APPROVING HARDSHIP CASES AND 9 PAYMENT PLANS I0 ~2 13 WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes ]4 referred to as 'EMS") provides ambulance servmes to the residents and visitors of 15 Collier County; and 16 WHEREAS, the Collier County EMS operating budget is funded exclusively i ? through ad valorem taxes and user fees; and i$ WHEREAS, Collier County staff analysis of the cost for ambulance services I~ requires an adjuslment to the user fees to properly idenlify current costs of services to 20 the residents and visitors of Collier County; and 21 WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for 22 ambulance services may be established by Resolution of the Board of County 23 Commissioners (hereinafter sometimes referred to as "lhe Board"). 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 25 COt',,1MISSlONERS OF COLLIER COUNTY, FLORIDA that. 26 SECTION ONE: EMS USER FEES 27 USER FEE CHARGE 28 A. EMS AMBULANCE TRANSPORT BASE RATE $ 300 2? B. EMS AMBULANCE TRANSPORT PER MILE $ 5 30 - IN COUNTY TRANSPORTS CAPPED AT 7 MILES 31 - ACTUAL MILEAGE FOR OUT OF COUNTY TRANSPORTS 32 C. SPECIAL EVENTS: 33 - TWO (2) MEDICS/ONE VEHICLE (PER HOUR) $ 75 34 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 40 35 36 D. COPIES OF DOCUMENTS/PER PAGE $ 1 37 (EXCLUDING GOVERNMENTAL AGENCIES) 3? E. INTEREST ON PAST DUE ACCOUNTS 1% I SECTION TWO: BILLING AND COLLECTION PROCEDURE 2 The following shall be the m~nimum gu~dehnes for bdling and collechon 3 procedures for ambulance service fees and charges: ,4 A. Initial fees and charges for ambulance service(s) shall be assessed edher 5 prior to or following the service provision, as se,"v~ces dynamics reasonably permit. 6 Unpaid fees and charges, subsequent to time of service, shall be reflected in an ? accounts receivable subsidiary ledger system to be maintained by the Revenue 8 Services Department. 9 B. An indial bdl for ambulance services shall be processed m Ihe following 10 manner within thirty (30) days after service ~s provided. ;I 1. The County will send an ~nitial bill Io [he service recipient's or ]2 responsible party's insurance carrier prowded that appropriate 13 ~nsurance information is made available to the Revenue Services ;4 De~artmenl. The Revenue Services Depadment ,.vdl accept Medicare "~ assignment, as a participating provider, and will wa~ no less than 45 15 days for payment if Medicare or other insurance carrier ~s billed If 17 the claim is denied, a bill will be sent to the service recipient or 18 responsible party. 19 2. The County will also send a bill to Medicaid and accepl assignment if 23 appropriate insurance information ~s made available to the Revenue 21 Services Department by the service recipient or responsible pady. 22 The Revenue Services Department will wait no less lhan 60 days for 23 payment if Medicaid is billed. If the claim is denied, a bill will sent to 24 the service recipient or responsible party. 25 3. In the event the service recipient or responsible party does not have 26 or does not provide proof of insurance coverage, the bill for 27 ambulance service(s) shall be sent directly to the service recipient or 25 responsible party for payment. The Revenue Services Department 29 will wait no less than 30 days for payment. 30 The following will occur if payment has not been received within 31 above set guidelines: AC~ N,O~. ITE~ 32 a. A past due notice will be sent in accordance with the above ~o. ./~¢ ~) ? 33 prov,s,on, (45 days atter bilhng Ihird party or Medicare, 60 SEP 2 2 1998 2 I days after billing Medicaid and 30 days after billing responsible 2 party or service recipient). 3 b. Thirty (30) days) after the [irs[ past due notice ~s sent, a ,4 second past due notice will be sent. .5 C. After a fen (10) day grace period, the account will be sent to 6 the County's contracted collection agency ? C. tnlerest will be assessed at 1% per month on all accounts Ihat are 8 e~ther senl to the County's contracted collecbon agency or set up for 9 a payment plan (excluding hardships that adhere to County policy). 10 D. A reasonable and customary payment plan will be made available for 1; all service recipients or responsible parties. Should the sorvice i; rec~pienI or responsible party al any time fad to meel Ihe terms and 13 condihons of the payment plan, the unpaid balance shall be ~ '~ administered in accordance with Section B.3 above. 15 E. When ambulance service bill(s), at any stage in this billing and 18 collection procedure, are returned because the Postal Service t7 cannot effectuate delivery, the Revenue Services Department shall 18 make a reasonable effort to ascertain the correct mailing address. If 19 reasonable efforts to ascertain a correct address fail, the account(s) 23 may be considered for other collection allernalives. 21 F. Nolhing contained in this section shall preclude reasonable 22 telephone or other appropriate contact for billing and colleclion 23 purposes, in accordance with all applicable laws. 24 C,.Throughout the fiscal year, the Revenue Services Department shall 25 rewew all past due accounts and report to lhe Board of County 25 Commissioners on an annual basis, of all past due accounts which 27 are believed to be uncollectible. The Board shall, after reviewing 28 these past due accounts and after finding that diligent efforts at 29 collection have proven unsuccessful, remove these past due 30 accounts from active accounts receivable in accordance with 31 generally accepted accounting procedures and pursuant to law by ~ 32 Resolution. i ~p~~ ! iT~]~J~F~ , , 33 SEP 2 1998 3 1 SECTION THREE: ADJUSTMENT OF EMS USER FEES 2 The foltowin9 shall be minimum guidehnes for adjustments ambulance service 3 fees. Olher adjustments are authorized by the Board ct Courtly Commissioners 4 accordance with criteria established by the enabhn9 Ordinance. 5 A. Medicare and Medicaid Adjustments 6 Contractual adjustments under Medicare assignment will be made in accordance with 7 applicable rubes and regulations 8 B. Vlctlrn',s Compensa. lion Contractual Adjustments 9 Contractual adjustments will be made in accordance wflh applicable rules and 10 regulations il SECTION FOUR: WAIVER OF EMS USER FEE 12 Pursuant to Ordinance No. g6 - 36, and from the effective date of this 13 Resolubon, user fees for EMS ambulance sland-by services for the following community 14 special events shall be waived as Ihe Board finds that a valid public purpose is hereby 15 established m recognition of their charitable contributions to the Community: (1) Collier 16 County Fair; (2) Everglades Seafood Festival; (3) Senior PGA; and (4) Nuveen t7 Masters; (5) Collier County Public School football games. Fees for other community 18 special events may be waived in accordance with crileria established by the enabling i9 Ordinance. 20 SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS 21 The Board recognizes [hat certain service recipients may need to be identified 22 and processed as hardship cases, Payment plans will be established pursuant to the 23 minimum guidelines set forth in this Resolution, 24 A. Hardship cases will be established in accordance with the State's Financial 2.5 hardship guidelines, as used by HRS-Collier County. 26 B. Payment plans for hardship oases will be set up on a monthly basis, with a 27 nlJn~mum payment o¢S10.00 per month. Hardship cases, placed on a paymenl plan will 28 not accrue interest or be placed into collection. Nol'withstanding the foregoing, if a 29 service recipient has a payment plan and does not make the scheduled payments for a 30 period longer than two (2) months, lhe account will be turned over to the County's 31 contracted collection agency and interest will begin to accrue. -- 32 SECTION SiX: SUPERSESSION OF RESOLUTION 96-303 33 This Resolution shall supersede Resolution No. g6-303 SEP 2 2 1998 Po, 4 2 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE 3 This Resolution shall become effective on October 1, 1998 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of .5 Collier County, Florida, this ~ day of ,1998. 6 AT-TEST. BOARD OF COUNTY COMMISSIONERS ? DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 8 9 BY: BY: 10 BARBARA B. BERRY. CHAIRMAN !2 Approved as to form and 13 legal sufficiency: 1.4 1 6 ~-~ "% /'~"~ ~ ? Robed N. Zachary 18 Assistant CounJy AHorney SEP 2 2 IBB8 5 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 9/22/98 Gcneral Fund. (001) Budget Amendment No. 98431 Domcslic Animal Services Pcrsonal Services ($17,200) public Scrvice~ Administration Personal Services - $ 5,000 Medical Examiner Operating Expenses $12,200 Total '0- ~ Funds arc needed in the Public Scrvicc~ Administration cost center to prov/dc adequate funds for salary adjustments made midyear, and to cover unforeseen costs associated with opening thc new Medical Examiner building. Road & Bridge MSTD 3 (104) Budget Amendment No. 98427 MSTD (104) (Airport Road Refurbishment Project) Operating Expenses $3,000 Qperating Expenses (Non-project) ($3,000) Total ~ Funds are needed to start a project line for consulting and inspeclion services during the entire duration of the irrigation and landscape refurbishment project. General Fund (001) Budget Amendment No. 98437 -PurchasingA dministration Capital Outlay $3,000 Reserves ($3,ooo) Total -0- ~ Funds are needed to pay for a portion of the purchase of a printer server for the autommion of the Mail Center. General Fund (001) Budget Amendment No. 98445 ~ounty Adm/nistr~, tion_ Personal Services ($9,000) ._County Adm/nistrafion Operating Expenses $9,0C ) Total -o No. /6, _ _Explanation._.2 Funds wac appropriated to thc incorrect object code for approved moving exp ~es. $ EP 2 2 1998 Pg._ / BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 22, 1998 FOR BOARD ACTION: I. MISCELLANEOUS ITEMS TO FILE FOR RECORD 'WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida S~tutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. August 31, 1998 through September 4, 1998 3. Minutes: A. Environmental Policy Technical Advisory Board/Agenda for August 10, 1998 B. Certificate of Collier County Canvassing Board, Recount for Republican Primary Election/September 3, 1998 AGENDA ITEM SEP 1998 EXECUTIVE SUMMARY RECOMMENDATION THAT TH2E BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $730,000 TRANSFERRING FUNDS FROM RESERVES TO REDEMPTION OF LONG TERM DEBT PINE RIDGE INDUSTRIAL PARK AND NAPLES PRODUCTION PARK SPECIAL ASSESSMENT BONDS 1993. ~ That the Board of County Commissioners approve a Budget Amendment for $730,000 appropriating funds for a partial redemption of bonds. CONSIDERATIONS: Resolution 93-373, Article HI, provides for the extraordinary redemption of the Pine Ridge Industrial Park and Naples Production Park Special Assessment Bonds. An early call of $730,000 was made in November 1997 which was not anticipated in the current Budget. GROWTH MANAGEMENT IMPACT: None. .FISCAL IMPACT: Funds are available in the reserves for debt service. No additional funds are needed. .RECOMMENDATION: That the Board of County Cornmissioner~ approve a budget amendment of $730,000 txar~ferring fun~ls fi.om Reserves to Redemption of Long Term Debt in Fund 232. Teri O'Connell Senior Accountant Clerk o/f the~it Court REVIEWED BY: -- Date: ~t~k M. Johnssen ~ General Accounting Manager Clerk of the~?cuit Cour~ Finance Director/Deputy Clerk Clerk of the Circuit Court SEP 2 2 1998 Pg. EXECUTIVE SUMMARy PETITION NO. CU 98-12: JEFF DAVIDSON REPRESENTING JOSEPH D. BONESS, Ill TRUSTEE OF SOUTHERN SAND AND STONE, INC. IS REQUESTING THE APPROVAL OF A CONDITIONAL USE FOR AN EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED "A" AGRICULTURAL LOCATED ON OIL WELL ROAD APPROXIMATELY 4.5 MILES EAST OF IMMOKALEE ROAD IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. The petitioner is requesting the above described Conditional Use for an earth mining activity. The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The site is being used as a vegetable farm. The petitioner is proposing to mine this tract of land in three phases. The petitioner is proposing to excavate the site to a depth of 20 feet. No blasting is proposed as a part of this earth mining petition. The access to the site will be provided from CR. 858 (Oil Well Road). The site in question is surrounded on all sides by mostly undeveloped land. It is unlikely that development will result in a substantial number of new homes recommended five (5) year window of re-evaluation. Nevertheless, there are within the Estate lots on three sides of the land in question, subdivided This mining activity should have minimal impact on neighboring properties at the present time because existing housing in this area is sparse. A staff site visit revealed that at this time there are four (4) homes adjoining this parcel. A geological survey of the parcel in question shows that the area is composed of sand up to a depth of 20 feet. The applicant's request is to excavate to a maximum depth of 20 feet; therefore, no blasting shall be necessary to excavate this tract of land. It is important to note that the future Orangetree Elementary and Middle School will be located about 3 miles to the west of this proposed earth mining activity on the north side of Oil Well Road between the Waterways of Naples development and the sewage treatment plant. The elementary school will open in August 1999. designed for 987 students. The Middle School will open in 2001 with This school is 1200 students. School buses and students riding their bicycles to and from school will share the same two lane road with trucks traveling to and from this earth mining activity area. Collier County Public Schools Facilities Management has indicated that side wa ,k~ ;;-i~T~ constructed on both sides of the road within the vicinity of the school. ,o..,:,,_,e.) SEP :~ 2 1998 1 ~'~..,../ .. The Collier County Planning Commission heard this petition on September 3, 1998 and by a vote of 8-0 recommended approval subject to the CCPC conditions. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. FISCAL IMPACT~ This petition by and of itself, will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on the County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT; None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION, That the Board of Zoning Appeals approve Petition CU-98-12. as described by the Resolution of Approval and Exhibits thereto, and made a part of this Executive Summary submission. 2 SEP 2 2 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER ,~~VlEWED BY: I~-ONALD F. NINb, AICP, MANAGER D~,'TE CURRENT PLANNING SECTION , AICP, DIRECTOR DATE PLANNING SERVICES VINCE~NT ~ ~A-LITERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ITEM 3 SE? 2 2 1998 A G E,~; DA IT~>I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: July 22, 1995 RE: PETITION NO: CU-98-12 OWNER/AGENT: owner: Joseph D. Bonness, Ill, Trustee Southern Sand and Stone, Inc. 4300 County Road 951 Naples, FL. 34114 (See attached, list of stockholders & percentage of ownership). Agent:' Jeff L. Davidson Davidson Engineering, Inc. 2009 Trade Center Way Naples, FI. 34109 REACTION: The applicant is requestin9 the approval of a conditional use for an earth minin9 activity on a parcel of land zoned "A" Agricultural. ~GEOGRAPHIC LOCATION: The subject property is located on the north side of Oil Well Road approximately 4.5 miles east of Immokalee Road in Section 16, Township 48 South, Range 28 East, Collier County Florida. This parcel consists of approximately 654 acres. PURPOSE/DESCRIPTION OF PROJECT_: The applicant is requesting Conditional Use "1" of the "A" Agricultural zoning district for an earth mining business. The site is being used as a vegetable farm. The petitioner is proposing to mine this tract of land in three phases. The petitioner is proposing to excavate the site to a depth of 20 feet. No blasting is proposed as a part of this earth mining petition. The access to the site will be provided from CR. 858 (Oil Well Road). ~'L~OJ.~J~L(~:~ U S E AND _ZONING: ,,,~,~.,. ,~ NO /j,~ S[a 221998 Existing: - Farm land, zoned "A" Agricultural Surrounding: North - Vacant tracts and scattered single family residences, zoned "E" Estates East - Vacant tracts and scattered single family residences, zoned "E" Estates South - Vacant tracts and scattered single family residences, zoned "E" Estates West - Farm land, zoned "A" Agricultural ~ROWTH MANAGEMENT PLAN CONSISTENCY; The subject property is located in the Rural Agricultural area as shown on the FLUE map of the GMP. The property is zoned "A" Rural Agricultural. This district allows for certain conditional uses which may include commercial earth mining. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: 'Transportation Element; Ingress and egress to the site will be provided from Oil Well Road. The applicant is proposing to build an east bound turn lane at the entrance to the site. The ITE Trip Generation manual indicates that this site will generate 162 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on Oil Well Road. In addition, the site generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element; This petition will be reviewed by the EAB on September 2, 1998. The EAB recommendation and stipulations 'gill be presented to the CCPC at the hearing. A groundwater quality monitoring plan, as stipulated by staff, will be in place to monitor the groundwater quality for the life of this excavation operation. STAFF ANALY$1~ The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable df_termination must be based. This evaluation is intended to Provide objective, comprehensive overview of the imp=,"t~ ~f the proposed land use change, g , g ,'s ..... be they pos~twe or ne alive culminatin in a -2- I SEP g g 1998 recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. ProLThe site in question is zoned "A". Earth mining is permitted as a Conditional Use in the Agricultural district. The subject property is designated Rural Agricultural on the Future Land Use of the GMP. Con; None. _,,Summary. Conclusi¢n (Findings): The use in question is permitted within the Rural Agricultural district. This district allows certain non-agricultural land uses, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan, irrespective of our subsequent findings based on the criteria for the approval of conditional uses. b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pr(;;) 1) The access to the site will be provided from Oil Well Road. The applicant is proposing to build an east bound turn lane at the entrance to the site. Staff stipulation is that they also provide a west bound turn lane. These left and right turn lanes will provide safe ingress and egress to the site and will reduce the likelihood of conflict with motorists on Oil Well Road. 2) The recommendation in support of this petition is conditioned upon reconsideration by the BZA within five (5) years so that traffic conditions relative to ingress and egress as they relate to this property can be re-evaluated. 3) Permitted uses of the properties in the vicinity of this property could produce a similar effect within the five (5) years approval window such as golf course community which would involve an extensive lake system requiring off-site removal of excess earth material (i.e. developments of Orangetree). ,,G~,O 7998 Con' Oil Well Road is a two lane collector road and there are no plans to add additional travel lanes in the near future. _Summary. Conclusion (Findings): Adequate ingress and egress to the site will be provided from Oil well Road. Reconsideration of this project within five (5) years will allow the BZA to deny any additional earth mining of the site should the development trend change and the area become more populated or the truck traffic from the site interfere with residential and school traffic on Oil Well Road. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro; 1) Neighboring properties are mostly undeveloped. This mining activity should have minimal impact on neighboring prc,")erties at the present time because existing housing in this area is sparse. A staff site visit revealed that at this time there are four (4) homes adjoining this parcel. A geological survey of the parcel in question shows that the area is composed of sand up to a depth of 20 feet. The applicant's request is to excavate to a maximum depth of 20 feet; therefore, no blasting shall be necessary to excavate this tract of land. 2) The effects of this conditional use will not be substantially different in the shod run when compared to a permitted use in the district. Con: This activity will generate some noise and dust which may affect the neighboring propedies. _ ~ummao/_~0nclusion (Findings); The proposed earth mining activity will generate some noise and dust in the area. There will be no blasting noise. This activity is not anticipated to generate any glare or odor. A permitted use of the property in the short run could very well involve the excavation of earth material and its off-site transportation. d. Compatibility with adjacent properties and other property in the district. Pro; To the west this property is adjacent to agriculturally zoned which is an agricultural production land, In the short run adjacent land use relationships are such that there is no measurable impact even though the adjacent properties on three sides are zoned Estates. 1998 Con:_ On three sides this property is adjacent to Estates zoned properties. However, only 4 homes are built adjacent to this proposed mining parcel, all others parcels are currently vacant. _S_u_m. mary Conclusion (Findings): The site in question is surrounded on all sides by mostly undeveloped land. It is unlikely that development will result in a substantial number of new homes within the recommended five (5) year window of re-evaluation. Nevertheless, there are subdivided Estate lots on three sides of the land in question. It is important to know that the future Orangetree Elementary and Middle School will be located about 3 miles to the west of this proposed earth mining activity on the north side of Oil Well Road between the Waterways of Naples development and the sewage treatment plant. The elementary school will open in August 1999. This school is designed for 987 students. The Middle School will open in 2001 with 1200 students. School buses and students riding their bicycles to and from school will share the same two lane road with trucks traveling to and from this earth mining activity area. Collier County Public Schools Facilities Management has indicated that side walks will be constructed on both sides of the road within the vicinity of the school. STAFF RECOMMENDATION' Staff recommends that the CCPC forward Petition CU-98-12 to the BCC with a recommendation for conditional approval subject to all staff stipulations. SEP g g 1998 PREPARED BY: ~v'~ ~'~v--,, %/7r CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R,,~VI~~ WED BY: RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANING SERVICES ROB~ J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: CU-98-12 Staff Report for September 3, 1998 CCPC meeting. NOTE: This Petition has been advertised for the September 22, 1998 BCC meeting. COLLIER COUNTY PLAN,~t.N~G COMMISSION' -6- SEP 221998 KRL~'q : [,A'JIDSOI~ EHG!I~EERIHG [l~C PHONE ~lO. : 941 597 3P~32 Jul. 27 199a O?:59AM P6 Margare~ N. Kelly ~83L Sa~alwo~ Napl e~, ~ 34109 10% J0~eph D. Hoi',..nea$ III 6830 Sandalwood /.m~e Naples, FL 34109 10% Mary V. Treu W6317 In4~.an Mound Road A~ll, wi S3001 lO% Kathlee~ M, ~ailte 102 $~ Drive Nap]es, F1 34110 10% 7390 Rookery Lane Naples, FL 34120 10% Bridget M. Black 660 18=h kvenu~ N.W. Maples, FL 341~0 10% Eileen M. KOcees $080 8th Avenue Naples, FL 34119 Theresa M. ~m%nass 1300 ~ulfahc~re Blvd. North #202 Naples, FL 34102 Pa:r/ce Bonz~ss Coty 16015 Westerham Drive 10% Ta~a, FL 33647 AGENDA SEP 2 2 1998 -- pa ?/ 1 6 A RESOLUTION PROViDiNG FOR THE ESTABLiSHRENT 7 OF EARTH MINING CONDITIONAL USE "1" IN THE .... ~{ ....... 8 "A" ZONING DISTRICT PURSUANT TO SECTION 9 2,2.2.3 Or THE COLLIER COUNTY LAND 10 DEVELOPMENT CODE FOR PROPERTY LOCATED IN 11 SECTION 16, TOWNSHIP 48 SOUTH, PANGE28 EAST, 12 COLLIER COUNTY, FLORIDA. 14 15 WHEREAS, the Legislature of the State of Florida in Chapter 16 67-1246, Laws of Florida, and ~hapter 125, Florida Statu~2~'~ 17 conferred on Collier County the power to establish, coordinate'and 18 enforce zoning and such business regulations as are necessary for the 19 protection of the public; and 20 WHEREAS, ~he County pursuan~ thereto has adopted a Land 21 Development Code (Ordinance Uo. 91-iQ2) which includes a 22 Comprehensive Zonin~ Ordlnance estabilshing regulations for the 23 zcnlno of particular ~eo~raphic dl'.'is~ons of the County, among which 24 is the gran%inc of Ccndz~iona! Uses; and 25 WHEREAS, the Coiiier County Planning Co.mission, being the dul 26 appointed an~ constituted planning board for the area hereby 27 affected, has held a ~uD~ic hearing after notice as in sal~ 28 regula[!ons made and ~r3'.'idec, and ha~ ccnslderec ~he aJ'.'lsa~i'it~, of 29 Conditlonai Use "I" cf Sectlcn 2.2.2.2 in an "A" Zone for earth 30 mlning cn the property herelnafter described, and has found as a 31 mat%er cf fact (Exhibit ",A"i ~a% satisfactory provlslon and 32 arrangement 3. ave been ra~e --~-~ ...... '' ............. ~.- applicable ma%rets require~ 33 ~'~' said reTula:.~-~ an~ ~?, a,zcer~anse with Su~_ectlon ~ 7 4.4 of the 34 Land Development Coco t'cr ~he Coil:er C~unty Planning Co~misslon; and 3~ ;'/H£PEAS, all in~ereste] ~artles nave been 71'.'el opportunity to 36 De heard b,/ iLis ~oara ~n a ?u2'ir meeL~ng assemDlec aha the Board · ~o~.~., 5¥ THE BOARD OF ZONING APPEALS of SEF' 2 g 1998 ......... ng,n__r:ns 2 inc., representing Jase~r, ~. ~onness fir Scutnern Fa~,fi and Star. e, 3 lr.c., with respect tc the properly ;;erelnafter ~esczLbed as: 4 5 Exhibit "B" which is attached hereto and incorpora~by 6 reference herein 7 be and the same ~s ~,ereDy approvec :'or Con~[tlonal Use "'," of Section ~ 2.2.2.3 of the "A' ion:n_: [ ~str[ct f~r c.~:th m~ning in accoraance 9' with the Conceptual Master Plan (Exhibit "C") and subject %o the JO following conditions: ~1 Exhibit "D" which is attached hereto and incorpor~~'~. 13 reference herein. -- .... 14 BE IT FURTHER RESOLVED that this Resolution be recorded in the ~b minutes of this Board. 16 This Resolution adopted after motion, seconc and majority vote. 17 Done this day of , 1998. 19 20 52,A~2 iF 23::i::S .APPEALS 2~ 5A~SA~ 5. 55RRY, Chazrman 2~ ATTEST: 27 -JWiSHi E. ~POCP{, Clef< 29 30 AGE'*Da, 8£ P 2 2 1998 pg. /xy/ _ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ & egress Yes %" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: u/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes [// No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~2II~) be recommendex4 for i/CU-98-12 FINDING OF FACT CHAIP3/J,J;/ ,o //( SEP 2 2 1998. FINDING OF FACT BY COLLIER COUNTY PLAN~ING CO~MiSSION FOR A CONDITIONAL USE PETiTiON FOR CU-98-12 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affecn other property or uses in the same district or neighborhood because of: A.Consistency with th~/~and Development Code and Growth Management P/n:No Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes No C. Affects neighboring properties in re!a~ion to noise, clare, e~/~nomic or odor effects: ~ ~No affect or Affect mitigated bv Affect cannon be mizicated D. Compatibility with ad3acent propernies and other property in the district: Compatible use/within distrlct Yes ~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~e reco~_~nded fo~ approval ~ ! 2 2 B98 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: I. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Manacement Plan: Yes ~- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenzence, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes // No C. Affects neighboring properties in relation to noise, glare, eco~}omic or odor effects: ,/_/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes "~ No Based on the above findings, this conditional use should, with f~-~st-i~-~'ti0~s, (copy attached) (should not) be/recommen~ded for ~pprova~ DATE: ~- ~ - ~[~ MEMBER: .-' _~: -./.; .; ~.- ...... f/~-98-12 FI~ING OF FA~ MEMBER/ $EP g g 1998 FINDING OF FACT BY COLLIER CO~TY PLANNING COMMISSION FOR A CONDITIONAL USE PETiTiON FOR CU-98-12 The following facts are found: I. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes ~.' No B. Ingress and egress to prcperty and proposed structures -_hereon with particular reference to automotive and pedestrian safety and convenience, traffic ~_ow and control and access ~ case of fire or catastrophe: Adequate ingress & e~ress Yes " No C. Affects neighboring properties in re!atlon to noise, glare, economic or odor effects: ,,- , ,~. == Affect miticated b~ ,"/ NO a~ect or ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi/~._in district Yes ,./ No Based on the above findings, this conditional use should, with /~p~-ati-ons, (copy attached) (should not) be recommenged for f/C~J-98-12 FIb'DING OF FACT MEMBER/ ~,OE ~ D,5,,JT E k~ SEP 2 2 1998 FINDING OF FACT BY COLLIER CO~TY PLANNING CO~<MISSiON FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ~gress Yes ~ No C. Affects neighboring properties in relation to noise, glare, e~onomic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional us > with stipulations, (~~cbed) ~hould not) be recommended for approval DATE: ~/3/9~ MEMBER :~ f/CU-98-12 FINDING OF FACT MEMBER/ SIP g 998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: 1. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because A.Consistency with the Land Development Code and Growth Management Plan: Yes i," No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,i- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ] ' ~ ~ MEMBER: ,/ ~ ~ .... DATE: S E ¢", 2 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-12 The following facts are found: i. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER.'_~~-' SE P 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETiTiON FOR CU-98-12 The following facts are found: 1. Section 2.2.2.3.t of the Land Development Code authorzzed the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Plan: Yes ,~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation Go noise, glare, eco~mic or odor effects: /~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: .~/~/~ MEMBER: ¥ f/CU-98-12 FINDING OF FACT MEMBER/ SEP 2 1998 Legal Description Section 16, Township 48 South, Range 28 East, less the south 50 feet Road ROW., Collier County, Florida. EXHIBIT "B" SEP 2 2 1998 EX!!IBIT "C" I, Jeff L. Davidson, as authorized agent for Petition CU-95-12, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on September 3, 1998. Planning Services: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3. Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. This approval shall be subject to renewal in five years from the date approval by the BZA. The applicant shall apply for a ren~;wal at the end of the five year period. c. The petitioner shall remove all exobc vegetation on site as listed in the LDC 3.9.6.4.1. prior to any excavation activities on site Subsequent annual exotic removal (in perpetuity) shall be the responsibility of tho property owner. d. Turn lanes shall be required, both eastbound and westbound, on CR 858 at the project entrance. e. The petitioner shall be responsible for the maintenance of the turn lanes for the life of the project. Failure to properly maintain the pavement shoulders, signage, and pavement markings shall be cause for revocation of the CU permit. f. A condition survey of CR 858 from its intersection with CR 846 shall be performed by the Road and Bridge Section prior to the start of any activity on this site. The results of that survey shall be used as a baseline for future maintenance of the roadway. g. The petitioner shall post a maintenance bond in the amount of $100,000.00 for the life of the project. This bond shall be used for the maintenance of CR. 858 damages above normal wear and tear caused by this project. h. A traffic routing plan shall be submitted to the County for review and approval prior to the start of any earth mining activity on the site. A copy of this plan shall be forwarded to the Collier County board of Public Schools. i. Hours of operation shall be 7 Am to 7 PM Monday through Friday no excavation or hauling operation shall be allowed on Saturday or Sunday. AG£NDJ EXHIBIT "D' ,,o 1998 O j. Any blasting shall require a permit from Planning Services and shall comply with Collier County Blasting Ordinance. k. The applicants shall install a berm not less than six feet in height along the property lines adjacent to the Estates zoned properties as each phase in initiated. I. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification is applied for through the EAB and the BCC and shall be no shallower than 10 feet below existing grade. m. Prior to any site improvement proposed in relation to this excavation or clearing, the owner shall contact the USACOE and SFWMD to determine if wetland permitting is needed. If so, all agency permits shall be obtained, prior to the commencement of any site improvements. PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this __ day of , 1998 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission # My Commi.~n [xpires: REPRESENTATIVE FOR CCPC State of Florida County of Collier 9 Agreement Sheet was acknowledged before me thi~-J~ day of 8 by , who is personally known to me ha~ pr_,?,,r'~d . ~s ~ and who ~id not) take an NOTARY PUBLIC . - ..... - '.. Commission # My Commission Expires: ' ....'~°~ 2 SEP 2, g 1998 ~ N 1. ~~ I~o~on: Name of[ Applicant ( Southern Ssod sad Slope, ~nc. Applica~t's M~ilin~ Ad.ess ~0 Ctny Nap{es s~ate Applic~.t's Telephone ~: (94~)Y75~5~ Fax *~ (~}775~720 Name of ~er, t J~ L. Oavidson, P.E. F~ Oav[dson Engineering, Inc. Agents Mailing Address 2009Trade Center Way City Naples State FI zip 34109 Agent' s Telephome # :. (941) 597-3916 Fa>: #: (941) 597-5195 SEP g 2 1998 If the p,roperty is owned fee simple by an, INDIVIDUAL, tenancy by the entirety, tenancy in commDn, o~ join5 tenancy, list all parties ~ith aB ownership interes5 as well as the percentag~ of such znterest. (Use additional sheets if necessary). ~.me and Address NA P.rc.n:,g. of ~4r, ership If the property is owned by a CORPORATION, list the officers and stockl%o.lders and the percentage of stock owned by each. Name and Address, aN Office NA ~ercenta~ of Stock C. If the property is in the name o.f ~. TRUSTEE,. list the beneficiaries of the trust wkth the percentage of in%erem~. Name a~ Address mA ?ercen%age of Interest 2 SE P ~ ~ 1998 If the p{operty is in the mame o.~ a G~.NERAL or LIMITED PARTNERSJqIP, list the name of the general and/or limited partners. Name and A~d~e~s P~rcen/cage of Ownm~ship NA e. If there is a CONTRACT FOR PURCHASEr with an individual or individuals, a~ Corporation, Trustee, or a Partnership, list the names of the contract purchasers ; belowr including the officers, stockholders, ¢ beneficiaries., or partners. ~eme and Addres~ ?e~c~ntage of Ownership See a~ached con~a~ for purchase and list of con~act purchase~. i II Im m Il I II I Ill I I , ~'~ f. If any contingency clause or con.tract terms involve additional parties, list &ll individuals or officers, if a corporation, partnership, or trust. Name and Address NA g. Date subJ~ec~ propert~ acquire~ ( ) leased ('): Term o'f lease yrs./mos. If, Petitioner has opticn to buy, indicate date of option: a~d date~ option terminates: , or aa~icipated, c~osing date See attached addendum to contra~ forpurchase. h. Shouldi any changes of' ownership or changes in contracts for purchase subsequent to the date. of a~plica~iom, but prior to the date of the fina~ public hearing, it is the responsibility of the applicant, or agent o~ his behalf, to s~bmdt a s~pplemental disclosure of interest for~. &~ic~tfon:. (If space is inadequate, at~ach on separate: page.) ~f request involves change to more than one zonin~ district, include separate ~egal description for property involve~ in each district. Applicant shall submit ~our ¢40 copies of a recent survey (completed within~ the last six months, maximum i" to' 4001' scale) if required to dP. so at =he pre-application meeting. NO~'~: The. applicant is responsible for supplying the cDr~ect legal description. If questions arise concerning the legal AG[NOAITEM 4 SEP description, an engineer"s ce.r~ificat-ion or sealed survey may be required. Section: 16 Townsh~:p: 48 S Range: 28 E less the south 50' for a road ROW Block: Subd~v~s ion': PLat Book ?age #: Property I.D.S: Metes & Bounds Deacription: S~ attached survey 4. Size of ~=c~: 5340 +- ft. X 5423+- ft. Total Sq. Pt. Acres 654.12+- Prope~ fronts Oil Well Road on ~e no~ side of Oil Well and is appx. 3 miles east of the inteme~ion ~ Oil W~I Road and Immoka~ee Road 6. ~a~ zo~ ~d 1~ uae:' Zo~ng La,nd use N ~U~l ~states ~esideotJal s Rural Estates Residential E Rural Ag~Rucal Fa~ w Rural 5states Residential Does property owner own con~guous property to. the subject property? If so, g. lve complete legal description of entire comtiquous prope=ty. (~ space is ina~qua~e, attach o~ separate page). NO 5 SEP Section: 16 Township: 48 S Ranqe: 28 E Lot: B,lock: Subdivision.: Plat Book__ Page ~: Property I.D.%: Metes & Bounds Description: $oeattsched sudsy 7. %~p~.of Condit%an~i Use: This applicaticn is reques:ing conditior~ai use ~ of the A district for (TYP~ or ~£~ EaCh minln~ notrelatedto agdculturaldevelopm~n! Present Use of the Property: vegeta~!~f~Sll 8. J~m~atiom Cxi~&r~a.: Provide a narrative statement describing ~his reques~ for conditional m~e. NfY~: Pursuant to Section 2.7.4. of the Collier County Land Development C~:, s~aff's reco~end~tion to the Planning Co~ission and th'e P'lann~ng Co~%ssion's reco~endation to. the B~a~d. of Zoning Ap~als shall be: based upon a finding that the gram~ing of the conditional use ~ill not adversely a~fect %he public ~nterest and that t~ specific requ~r~em~s governing the fndividual conditional use¥ if any, have been met, and that further, satisfactory provision and arrangement h~e been made con~zning the following matters, where appli~ble.. P~ea~ ~~ ~i1~ ~sJ of ~e czi~ion l~s~ ~ow. S~~ how ~ ~ n~mm~). a. Describe how ~he project is consistent wish the Co~lier County Land Development Code and Growth Management Plan {include information on how ~e reques~ is consisteas with the applicable se~ion or po~:ions of s~ ffutu~e land use e~emen~ ) ~ The prqect as planned is ~nsistent ~th the the Land SEP 2 2 19 8 / Development Code in that earthmining is a permitted condition21 ,~-~ nnrl~_r section 2.2.~.3. AIsQ th~ rural location and relatiwly Inw int~.n,~ity rW ',~"-9_ are consistent with both the growth mana.qeme..nt Dian and future land element. b,. Describe the existing or planed means of ingress and egress to. the propert~r ar.d proposed structure thereon with particular reference to antomotive arid pedestrian safety and convenience, traffic flow and control, and access in ca. se. of fire or catastrophe: The proposed means of ingress and egress and is via a proposed ddvewa.y connection to CR Oil Well Road located approximately 1700 fe~t from thesouth west property comer. The owner proposes a full eastbound left - in turn lane to assure reduced impacts to through traffic on Oil Well Road. c. Describe the effect the conditional use will have on. neighboring properties in relation to n~ise, glare, economic and odor effect: It is expe~ed that there will not ~¢ a no~c....able effe~ on the neighboring propeAies in ~la~on to noise~ glare, economics or odor. d,. Describe the s:ite"s and the proposed use's compatibilfty with adj:acen.~ properties and othe% properties in the district,: The prolect is proposed in a rural area and expex~s l~O have very [] minimal impacts on the adjacent properties. SEP ~, Z e. Pleame provide any additional information which yDu may feel is relevant to this request. Availibility of quality fill matedal is critical to Qollier count?s con~tn]r3inn industry. Of other sites in the County the subject is the best suited to provied fill matedal with relatively rr}irlor impacts to the .~, :rrn, ,ndin9 eom_ mun!~ quality of life, transportation system and environment.Also the potential e~sts for the OrOOosed lak~. tn hR r~nn~r_fpct fo, !h9 _-2dj__.Ce.q.~ .... ~ ~"'"'"~". adding additional stormwater storage to the Golden Gate canal system. 9. De~d R~.~xioti~: The County is legaIly precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish. to contac~ the civic or property owners association ~n the area lot which this use is being requested in order to ascertain whether or no% the request is affected by existing deed restrictions. 10:. ~:x~l land ~lo.~tlti~o. on the subpe=tp~operty: To your know~edg~., has a pub.lic hearing: been held on th/s property within the ~ast year? tf so, what was the nature of that hearing? NO Ack~.t.i onm]. Suk~itta~ requir~ntm: In addii~ion to this completed application, the. following must be submitted in order for ~ur application to be deemed sufficient, u=less otherwise waived during the preapplica=ion m~ting. a. A copy of the pre-application meeting notes; b. Ten fl0) copies of a 24" x 36" conceptual si~e plan [and o~ reduced 8~" x !1" copy of si[e plan], drawn to a ma~im~ sca~e of 1 inch equals 400 feet, deplcting following [~d&tiona:l copies of the plan. may be requested upon completion of s~aff evaluaEion for distr~u~ion to SEP 2 2 1', the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site anJ the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indlcatinc required and provided parking and loading, including resulted parking for the disabled], · locations of solid waste (refuse) containers and service functlon areas, · required yards, open space and preserve areas, · proposed locations for utilities ~as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be recuired by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. cf zhe Land Development Code (LDC) . d. Whether or not an EIS is required, two copies of a recent aerial pho~cgraph, ~taken wzt~in the previous twelve mon[hs), minimum scale of one inch equals 400 feet, shall be submltced. Said aerial shall identify plant and/or wildlife habitats and their boundaries. . Such iden5ification shall be consisten% with ~ Department of Transportation Land Use Cover al~d ~'?~ Classifisation System. SEP 2 2 1998 ~LI~T~ ~ SwJBLIC ~..,.~:N~ ~ C~ITIC~tL USE · G e. Statement of utility provisions (wzth ail required attachments and sketckes); f. A iraffic Impac~ Statement (TIS), unless waived at the pre-application meesinq; g. A historical and archeo!oqicaZ survey or waiver app!zcation if property is !coated within an area of historical or archaeological probability (as identified a~ pre-application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre- application meeting, including but no5 limited to any required s[ate or federal permits. TI~AFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined the pre-application meeting. Please note the following with regard to TIS submi%tais: MINOR TIS: Generally required for conditional use (and rezone) requests fcr property less ~han i0 acres in s~ze, although based on the intensity or unique characser cf a petition, a ma}or T.TS may be required for petition of ten acres or less. M~gOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic ........... (at buildout) Peak Hour (A.ADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence {RDI) 3. Existing Traffic: Within AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anfc:pated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external fight-of-way) such as providing or eliminating an ingresdegreas point, or providing t-urn or decel lanes or other tmprovement~. 6. Describe ~.ny proposal to mitigate the negative Lmpact~ on the transporution system. 7. For Rezone~ Only: State how this request is coruistent w~ith the applicable policies of the Traffic Circulation Element(TCE) of the Grow'th Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS ~hall address all of the Items listed above (for a 3dJnor TIS, and shall also include an analysis of the following: l. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Plarmed/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development S£P 2 g 1998 !i TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in oreparing a TIS for submittal in con]unction with a conditiona~ use or rezone petition: - 1. Trip Generation: Provide the total traffic generated by the project tot each link within the project's Radius of Development influence (RDi) in conformance 'with the acceptable trafflc engineering prznciples. 7he rates published in the latest edition of the Institute of Transportation Engineers ~ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use cf alternative rates. 2. ~rip Assignment: Provide a map depicting the assignment to the network, cf those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic! Provide a map depicting the current traffic conditions on all links within the ROI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms o~ the applicable Collier County Generalized Daily Service Volumes as se~ forth in the TCE of the GMP. - - · 5. Radius of Development Influence (RDI): The TlS shall cover the least of the f ~ ~ o~owing two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the ma]ct thorouchfares exceeds one percent cf the LOS "C" ' ~ Land Use _Distance 1. Residential* ................ 5 miles or as required by · ,,GENOa ~TEM. 2 Other /'com~nqerclal, industrial, institutional tc.?~. ~,,r~::o~ ~ ,~__~:~ ,.~,. ~=~-.,:~ '~_~ SEP 2 2 1998 0 - 49~999 Sq. Ft.*****''2 Miles 50,000 - 99,999 Sq. Ft.***'***3 Miles 100,000 - 199.999 Sq. Ft.* ...... 4 Miles 200,000 - 399,999 Sq. Ft.*******5 Miles 400,000 & up ..... **'****** .... ~5 Miles In describing %he RD! the TiS shall provide the measurement in road miles from the proposed project rather than a geomeEric radius. 6. Intersection Analysis: An intersection anaiysls is required for all intersections within the RDi where the sum of the peak-hour critical lane volume is projectea %o exceed 1,200 Vehicles Per Hour 7. Background Traffic: The effects of prevlousiy approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of hcse projects and their respective characteristics. 8. Future Traffic: An estimate cf the effects of traditional increases in traffic resulting from potentia~ development shall be provided. Potential development is that which may be developed ma>:~mally under the effective Future Land Use Eiemen5 (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within %he pro~ects.. RD!. A maD, o~ list of szch lands with poten%ial traffic impact ca!cuia[ions shall be provided. 9. Through Traffic: At a minimum, increases in through traffic shall be addressee through the 'year 2015. The methodology used %o derive the estimates shall be provided. It may be desirable [o incluce any additional documentation and backup data %o supper- the es~r.a-~on as well. 10. Planned/Proposed R0, adwa~ Improvements: All proposed or planned roadway 2mprovements located within the RDI should be identified. A description of the funding commitment AG£N shall also be included. 11. Pro~ect Phasin~ When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If ~he traffic impacts of a pro3ect are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. · t .. ~ OF ~,,~.,,Z~: Southern Sand and Stone, Inc 2 .. ~::r.,:~G ~D~ZSS: 4300 County Road 951 Naples cz"r~ FI zip 34114 3. ADDRESS O$' SU~,.'~CT ~RO~Z (IF AVaZ~) : Oil Well Road 4. LKUmAL IIESCR~PTION: S~ct±on: 16 Townehi.~: 48 S ~u~ge: 28E Lot: Bl=~k.: Subc1&~ision: P~i&t Book- P~ 9: Propert~ I.I].~: DMt:ee & Bounds Desc=ipt.~o=: All of section 16 less the s0uthedy 50 feet of road ROW 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DA/L~ 9. ~DtT'~-PZaZ. < 5 gpm ~ ~ 330 ~0. S~R-~ < 5 ao~ A~ ~ 300 ~ ~~: NA 10. ~~ S~A~: Provide a ~rie.f and concise narrative state, nc and s~e~tic drawing af sewage treatment process ~ be use~ as we~l ~ a specific sCa~e~nt re~rding the method, of aff!uenz and: sludge ~spasal. If percolation p~d~ are to be us~, then pe=colatien: data ~' soil ~nvol~d shall be provided from tests prepared and certified by a professional engineer. Septic system per Chapter JOD~ is located within the se~ices boun~ries of Collier Cau~t.y'~ utility semite system, written notarlzed stat~ent shall be pro=ided agceeing to dedicate Ca Collier Utilities the water disc ribu.t ion and s~wage: col'lection facillties within the project area upon complecion, of c~nstzuct$o~ af these facilities in acca[d~e. ~i~h. ill a~licab~e County ord:inances in effect at the at time.. T~ls statement sha~i also include an agreement thac the a~licab~e syst~ development charge~: and connection fees will be paid ~o the County Utilities Division prior to the issuance o~ buz~diug~ pe~its bg the County. If agpl~icable, the stat~ent shall contain sha~l contain an agreement dedicate the app:aprlate utility easements far seizing the wa, te.r and s~e~ systems. NA S~~ OF A~.I~ILI~ ~I~ ~ ~ ~.: Unless waiv~ or otherwise provided for at the pre- application meeting, if the project is to receiv~ sewer or potab.le water services from. any provider other than; the Ceunty, a statement from zhat p~ovider indicating that t~re is adequate capacity to serve the project shall be provided. NA ~FFID~WIT We/I, being f~rst duly sworn, oepo~e and say that we/I am/are the owners* of the property described herein and which is the subject matter of the proposed heatlog; that a~l the answers to the questions in this application, including the disclosure' of interest information, all sketches, data, and' other supplementary matter attached to. and made a par= of this apulicatiom, are honest and true to the best of our ~owledge and belief. We/I understand that the information recFaested ch. this application m%tst be co~Dlete and accurate and that the content of this fozm, whether computer g~nerated or CounTy printed shall not be altered, pubkic hearings will not be advertised uQti] this application is deemed complete, and all required info~mation has been submitted. ~e/I further permit the u~dersigned to act as my/our representative in any matters regarding this Petition. NAME OF OWNER (Print or type) 'Con~ac~ O~ne~ NkME OF OWNER (Print or type) SIGNATURE OF OWNER NAMe. OF AGENT (Print or t~pe) SIGNATURE OF AGENT NAME OF AGENT (Print or type) SIGNATURE OF AGENT State of Florida County of Collier e foregoing Application was acknowledged hero,re me who is personally known to, me or who has~/produ~ed as identification and who did (did not,) take an oath. S~L P -~ ....... ~Y'" : : ~. CC ~5S5 : NOTARY PUBLIC ~.~". ~SL~ ." ~ Serial/Co~ission %~/~ ........... .A My Co--lesion B~ires: ",,,.¢ OF FL~ ~,~'~ 17 SEP CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COUPleD CHECKLIST IS TO BE SUBMITTED WTT~ APPLICATION PACKET ! As the authorized agent/applicanT for this pe~i~ion, i attest [hat all of the information !Edicated on %his checklis~ is included in this submittal package. i ~mderstand that failure ~c include ail necessary subm~ttai information may result in the delay of ~rocess ~s pe~' ~icn. ' PROJECT NAME!:. Winchester Lake Fill Pit LOCATION (COMMON 1DESCRZPTION') Three miles east of the intersection of Immokalee Road and CR 858 (Oil Well Road) on the north side of CR 858. ~Y OF WAIVER REQUEST: Request waiver of Historic and Archaeoloqical Survey and~;] Assessment due to the proiect beinq proposed on previously impacted property (agricultural d,:v- e~opment) as well as being in an area of Iow potential for historical/archaeoloqical sites. DATE: SECTION ONE: APPLICANT ARD PROPERTY OWNErShIP D~T& A. Name of app.I icant (s.) (i f other than property owner, state rela~cic~ship such as option holder, contract purchaser, lessee, true-tee, etc..): Joseph D. Bonness, III Trustee Contract Purchaser Mai'~inc~ Address: 4300 Count),, Road 951 Naples, FI 34114 Phone: (941} 775-0720 FAX: (941) 775-6453 Page i of 5 AGENDA ITEM SEP g g 1998 Name of agent(s) for applicant, if any:. NA Mailing Address: Phone:~ ( ) FAX: C. Name of owner(s) of property, if different than applicant: Board of Church Extension & Home Missions of The First Church of God, Inc. Mailing Address,: P.O. box 2069 Anderson, Indiana 46013 Phone,: (765) 644-2555 FAX: Note: If names in answers to A and/or B are differer~c than name in C, notarized letter(s) cf authorization from propert~ owner (C~ must be attached. see attached contract for sale S~CTION T"¢IO~ SUBJECT PROPERTY DATA A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision., recorded in official Plat Book~ of Collier county. Subdivision Name: Plat Book Page Unit BLock Lot Section Township Range Note: Attach copy of the plat book page (obtainable fro~ Clerk's office at the original scale) with subject property clearly marked. Page 2 of 5 ^6ENO~ .,, SEP 2 2 1998 2. If not in platted subdivision, a complete tegaal description must be attached which is sufficiently detailed' so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple cont tq~ou~ parcels, -_he ±ego. 1 description may describe the perimeter k~uundary of the total area, and need not descr i~ each individual parcel, except where different zoning requests are made on individual parcels, k boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, a~d may require a certified surwey or boundary sketch to be submitted.. Section 16, Twp 48 S, Rng 28 E less the south 50' Road ROW B. Property dimensions ;tree: 28,692.9771~ square feet, or 658.7+- acres Width along roadway: 5,4,55 ft Depth: 5,360 ft C. Present use of property: Vegatable Farm D. Present zoning classification: Rural A~ldcultural SECTION THREE: W~'IV~R .CF%TERIA/WAJVER ~EOU~ST A. Properties located within an area of Historical;Archaeological Probability with low potential for historical£archaeological sites may petition r_he Counmunity Development Services Administrator or his designee to waive the requirement for an Historical/' Archaeological Survey and ;%ssessment. The Community DeveLopment Services Administrator or his designee shall review and ac~ upon the waiver recfue~t., within five (5) working days of receiving the application. T~ne wa. iver request sh~ll adequately demonstrate that the area has !ow potential for historical/archaeological sites. Justification shall include, but not limitect to the following: 1. Aerial Photograph' 2. Historical land use' description 3. Description of la~d; cover, land formaticuz and vegetation The, Community Development Services Administrator or his designee m~y' deny a waiver, grant the waiver, or grant the waiver with. conditions. The decision of the Community Development Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial Page 3 of 5 SEP 2 2. 1998 _SECTION FOUR: CERTIFICATION A. The. applicant shall' be responsible for the accuracy and completenes~ of this application. Any time delays or additional expenses necessitated due to the submittal of inaccuncate or incomplete info£mation shall be the responsibility of the applicant .. B. Ai~ infoxl~ation submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attach~errts and exhibits submitted shall be of a size that' will fit or conveniently fold to fit into a legal siza {8%'" xl I4") folder. i S~gnature of A~Dl3qllcant or Agent Joseph D. Bonness. III, Trustee Printed Name of Applicant or Agent - TO B3~ COMPLETED BY T~E COMMUNITY DEVELOPMENT SERVICES D{VISION, - SECTION FIVE: NoTICE oF D~ClSION Ao The C~unity Services Administrator or designee has made the following determination: ~. Approved on: 2. Approved with Conditions on: (see attached) 3. Denslad on: (see attached) ~TSTORIC SURV~'Y WAIVER/2'/3/93/md Page 5 of 5 '~° ~ 998 F'r4],'.1 : $0UTHE~N S~¢., ~ID $-CI~E ~NC. PH3NE NO. : r';~--~,~'"="' ~ ' "'-..~ cl UMS P.O, B~ 20~ AI~I~ FN 4501~.2069 (~17) ~-2J~ ~*~x To ~ It M~y co;r~: AGEND6 ITEM SEP ~ g 19 '8 Pg.. d~ . _ EXECUTIVE SUMMARY PETITION NO. PUD-95--4(1): AGNOLI, BARBER AND BRUNDAGE REPRESENTING PIPERS BOULEVARD MEDICAL OFFICE CENTER SEEKS TO REPEAL THE CURRENT PIPERS BOULEVARD MEDICAL OFFICE CENTER PUD AND TO ADOPT A NEW PUD, IN ORDER TO ADD 0.19 ACRES OF LAND TO EXPAND THE EXISTING PARKING LOT BY PROVIDING ADDITIONAL PARKING SPACES AND ADDING RELATED LANDSCAPING AND BUFFERS. THE APPLICANT ALSO WISHES TO AMEND THE PUD MASTER PLAN TO PROVIDE ADDITIONAL ACCESS POINTS TO THE SITE. THIS SITE IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD AT THE INTERSECTION OF IMMOKALEE ROAD AND AIRPORT ROAD. The petitioner is seeks to have certain land herein described rezoned from its current zoning classification of PUD and RMF-16 Residential Multi-family To "PUD" Planned Unit Development for Commercial purposes. CONSIDERATIONS: Pipers Boulevard Medical Office Center PUD is an existing PUD approved in 1995 containing 1.92 acres. This PUD originally contained 2.47 acres, however, due to the acquisition of the Pipers Boulevard R.O.W. the the by County, property area was reduced to 1.92. The applicant is seeking approval to add 0.19 acres of land currently zoned RMF-16 to the PUD for the purpose of adding additional parking spaces. The petitioner is also seeking the approval to amend the PUD Master Plan by adding additional future access points to the site. The County is planning to build a bridge over the Immokalee Road Canal at the intersection of Immokalee Road and Airport Road. The applicant wishes to take advantage of the new access to Pipers Boulevard and provide additional and more direct access to the site. This PUD was originally approved for a 30,000 square foot medical office center and C-2 type uses. Currently a 22,994 square foot building is located on the site. No additional building space is proposed with the application. The original PUD was approved with landscape buffers as an easement located on the adjacent property, which is owned by Sharondale Condominium association. The applicant is proposing to locate the landscaping for the newly acquired parcel on a similar landscape easement on the same property. The Collier County Planning Commission heard this petition on September 3, 1998 and by a 8-0 vote recommended approval. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. SEP 2 2 1998 1 Pg'._... ~. ......-- FISCAL IMPACT: This petition by and of itself, will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on the County public facilities. The County collects impact fees pdor to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROW3'H MANAGEMENT IMPACT: This property is located within a Mixed Use Activity Center as identified on the Future Land Use Map. Commercial uses are permitted on lands designated Mixed Use Activity Center on the Future Land Use Map. There are on changes to the previously approved land uses in this PUD. This petition, if approved, will enable the applicant to provide additional access points to the site and to add 0.19 acre of land to the PUD for the express purpose of adding additional parking spaces. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION; That the Board of County Commissioners approve PUD-95-4(1) as described by the Ordinance of Adoption and Exhibits thereto, and made a part of this Executive Summary submission. SEP 2 2 1998 2 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER /I~EVIEWED BY: ¢ 3NALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION 'R'OBEF~ J. MULHERE, AICP, DIRECTOR ~)ATE PLA//~~ SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 3 SEP 2 2 1998 Pg. ,~ AGENDA ITEM 7-C MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: June 12, 1998 RE' PETITION NO: PUD-95--4(1) OWNER/AGENT: Agent: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL. 34108 Owners: Gregory A. Collins, R.P.T. William G. Aughton, D.D.S. Oivind E. Jensen, D.D.S., M.S. William E. Grubbs, Jr., M.D. Craigg R. Seibert Phyllis M. Jensen Maureen P. Aughton Angela V. Collins RI~QUESTED ACTION; The petitioner seeks to repeal the current Pipers Boulevard Medical Office Center PUD and to adopt a new PUD, in order to add 0.19 acres of land to expand the existing parking lot by providing additional parking spaces and adding related landscaping and buffers. The applicant also wishes to amend the PUD Master Plan to provide additional access points to the site. GEOGRAPHIC LOCATION: The subject property is located east of Cypress Way and north of Pipers Boulevard (north of Immokalee Road, at the intersection of Immokalee Road and Airport Road), in Section 23, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: Pipers Boulevard Medical Office Center PUD is an existing PUD approved in 1995 containing 1.92 acres. This PUD originally contained 2.47 acres, however, due to the acquisition of the Pipers Boulevard R.O.W. by the County, the property area was reduced to 1.92. The applicant is seeking approval to add 0.19 acres of land currently zoned RMF-16 to the PUD for the purpose of adding additional parking spaces. The petitioner is also seeking the approval to amend the PUD Master Plat SEP 2 g 1998 o I additional future access points to the site. The County is planning to build a bridge over the Immokalee Road Canal at the intersection of Immokalee Road and Airpod Road. The applicant wishes to take advantage of the new access to Pipers Boulevard and provide additional and more direct access to the site. This PUD was originally approved for a 30,000 square foot medical office center and C-2 type uses. Currently a 22,994 square foot building is located on the site. No additional building space is proposed with the application. The original PUD was approved with landscape buffers as an easement located on the adjacent property, which is owned by Sharondale Condominium association. The applicant is proposing to locate the landscaping for the newly acquired parcel on a similar landscape easement on the same property. SURROUNDING LAND USE AND ZONING: Existing: - Medical office building, zoned PUD Surrounding: North - Condominium, zoned RMF-16 East o Vacant, zoned RSF-3 South - Pipers Blvd., Canal, Immokalee Rd. West - Naples, Dinner Theater, zoned C-1 GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within a Mixed Use Activity Center as identified on the Future Land Use Map. Commercial uses are permitted on lands designated Mixed Use Activity Center on the Future Land Use Map. There are on changes to the previousely approved land uses in this PUD. This petition, if approved, will enable the applicant to provide additional access points to the site and to add 0.19 acre of land to the PUD for the express purpose of adding additional parking spaces. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE' The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these rc',,'ic~'~,~g .. agencies have helped to shape the content of the PUD Document. '~" ~ -2- SEP 2 g ]998 ANALYSIS: Based on the scale of proposed changes, this is for all intents and purposes a PUD amendment aithough the process is one of rezoning the land from "PUD" and "RMF-16" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. The proposed amendment to the PUD to add 0.19 acre only serves to provide additional parking spaces and to provide additional access points which will not have any negative impact on the intensity of use or infrastructure internal or external to the project. Followings are staff findings for this PUD amendment: Relationship to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, this area is located within a Mixed Use Activity Center, allowing commercial activities as well as residential uses. This subject 0.19 acre is zoned RMF-16. It is surrounded by a multi-family residential land use to the north and commercial land use to the south. The proposed land use for this parcel is a small parking lot to serve the existing commercial uses to the south. No other uses are proposed for this parcel and no expansion of commercial uses on the existing PUD is proposed in conjunction with this amendment. It should be noted that these proposed parking spaces will be adjacent to the parkin9 lot on the adjacent multi-family parcel. In the opinion of the staff these relationships support the conclusion that the proposed land use will be compatible with adjacent land uses. TraffiC: The proposed land use will not generate any traffic; therefore, traffic analysis is not applicable in this case. The proposed access will provide a better access to the site. Infrastructure: The subject property is served by the County water and sewer system. However, the proposed use does require neither, Storm water management will be provided on site. PUD Development standards and Master Plan: PUD development standards, as far as landscaping and open space requirements are concerned, are similar to the provisions in the LDC. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-95-4(1) to the Board of County Commissioners. -3- SEP 2 2 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER R~~/IEWED BY: .. R~',J'/~I-D F:"Iq'iI~0,'A~CP, MANAGER DATE CURRENT PLANNING PLANNIN~G SERVICES VINCENT CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-95-4(1) Staff Report for July 16, 1998 CCPC meeting. COLLIER COUNTY PLANN~OMMISSION: MICHAEL A. DAVIS, CHAIRMAN -4- SEP 2 2 ]998 1 2 ORDINANCE 98- 5 AN ORDiI;AHCE AMENDING ORDINANCE NUMBER 6 9i-102, THE COLLIER COUNTY LAND DEVELOPMENT 7 CODE, WHICH iNCLUDES THE COMPREHENSIVE 8 ZONING REGULATIONS FOR THE UNINCORPORATED 9 AREA OF COLLIER COUNTY, FLORIDA, BY 10 AMENDING THE OFFICIAL ZONING ATLAS MAP 11 NUMBERED 85235 Bk' CHANGING THE ZONING 12 CLASSiFiCATiOH OF THE HEREIN DESCRIBED REAL 13 PROPERTY FROM "RMF-16" AND "PUD" TO "PUD" 14 PLANNED UNiT DEVELOPMENT KNOWN AS PIPER 15 BOULEVARD MEDICAL OFFICE CENTER, FOR 16 PROPERTY LOCATED EAST OF CYPRESS WAY EAST 17 AND NORTH OF PIPER BOULEVARD, IN SECTION 18 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 19 COLLIER COUNTY, FLORIDA, CONSISTING OF 20 2.11+ ACRES; PROVIDING FOR THE REPEAL OF 21 ORDINANCE NUMBE~ 95-47, THE FORMER PIPER 22 BOULEVARD MEDICAL OFFICE CENTER PUD; AND BY 23 PROViDiNG AN EFFECTIVE DATE. 24 26 WHEREAS, Bruce J. Siciiiano, A!CP, of Agnoii, Barber & Brundage, 27 Inc., representing Gregory A. Collins and the Medical Office Center 28 Investment Group, petitioned the Board of County Commissioners to change 29 the zoning classification cf t,,_ herein described real property; 30 NOW THEREFORE hE iT OF. CA!:,z~' 3TM ~u,- ~0~,.~,~ OF COUNTY COMMISSIONERS 31 COLLIER COUNTY, FLOF, iDA; 32 SECTION ONE: 33 The Zoning Classz~caticn cf the herein described rea! property 34 located in Section 23, Township 48 South, Range 25 East, Collier County, 35 Florida, is changed from "RMF-16' and "PUD" to "PUD" Planned Unit 36 Development in accordance w~th the PUD Document, attached hereto as 37 Exhibit "A", which is incorporated herein and by reference mace 38 hereof. The Official Zcnin9 Atlas Map nur~ered 6522S, as descr:be~ :n 39 Ordinance Number 91-iC2, tr, e Coil:er Count'/ Land Le'.-e._~ ...... 40 hereby amended accrr~2n~'y. SECTION TWO: 42 Ordinance Nur-~er 9f-4-, k.-.own as :he P:D~r Bouie'.'a'~ Med~ca' Off:ce 46 AGENn NO S E P 2 199 ! SECTIOn; 7HREE: This Ordinance shall become effective upon filing with tf~e 3 Department cf State. 4 PASSED AND DULY ADOPTED by the Board of County Co~missioners of 5 Collier County, Florida, this __ day of , 1998. 6 7 ATTEST: BOARD OF COUNTY COMMISSIONERS 8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 9 10 !I ~2 BY: 13 BARBARA B. BERRY, Chairman ~4 ]5 Approved as to Ecrm and ]6 Legal Sufficiency !7 21Asslstant County Attorney SEP g 2 1998 PI'PER BOULEVARD MEDICAL OFFICE CENTER A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTFNG MASTER PLAN GOVERNTNG PIPER BOU'LEVAR.D IVIEDICAL OFFICE CENTER, A PLANNED U'~qT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PKEPAKED FOR: Gregory A. Collins, ICP.T. William G. Aughton, D.D.S. Oivind E. Jensen, D.D.S., 5LS. William E. Grubbs, Jr., NLD. Craig R. S¢ibert Phyllis M. Jensen Maureen P. Aughton Angela V. Collins PREPARED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 TAJ~IAMI T'R.AIL NORTH, SUITE 200 NAPLES, FLORJDA 339~3 (813) 59%3111 DATE KEVIEWED BY CCPC DATE APPROVED BY BCC PREVIOUS ORDINANCE ~ER 95-47 ABB PN 7047-I DATE AIV[ENDStENT FILED DATE A]SM~E~~ REVISED DATE AMENDMESfT REVIEWED BY CCPC DATE A~~ ~PRO~D BY BCC AOENC ~~ A~ ~PEAL O~ANCE"~ER __ No. zx l s 'r SEP 2 2 1998 TABLE OF CONTENTS PAGE THRU PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COM2PLIANCE iv SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1 - 1 1-4 SECTION II PROJECT DEVELOPM2ENT 2-1 2-4 SECTION IH COMMERCIAL DEVELOPNfENT COM]v~~s 3-1 3-3 SECTION D/ DEVELOPMENT COM2vl/TM:ENTS 4-1 4-3 1998 LIST OF EX'BITS ~ TABLES E>CHIBIT A PUD M~ter Plan EXHIBIT B Conceptual Site Development Plan EXt-iIBIT C Location Map TABLE I Land Use Table TABLE II Summary of Development Standards AGE. ND NO SEP g 2, 1998 STATEM~ENT OF COMI~LIANCE The development of approximately 2.11 acres of property in Collier County, ms a Planmed Unit Development to be kno~ ~ Piper Boulevard Medical Office Center will be in compliance with the goals, objectives and policies of CoLlier County as set forth in the Growth Management Plan. The commercial development of Piper Boulevard Medical Office Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Grow'th Management Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity. Centers are the preferred locations for the concentration of commercial development activities. 3. The subject property is located on the northeast comer of Cypress Way and Piper Boulevard. This strategic location allows the site superior access for the placement of Commercial activities. 4. The project development is compatible and complementary to existing and future 5. The project development will result in an efficient and economical extension of community facilities and services a~ required in Policies 3.I. G of the Furare Land Use Element. 6. The project wilt be served by a complete range of services and utilities as approved by the County. 7. The project is compatible with adjacent land uses thzough the internal arrangement of strucrares, the placement of land use buffers, and the proposed development stazdarcLs contaized herein. 8. ALi final local deveIopment orders for this project a:e subject to the Collier County Adequate Public FacL!ities Ordnance. w?.o4-33 t}:s.c, oc iv No /Z[4/ SEP 2 2 1998 SECTION I PROPERTY OWNERSHIP A. ND DESCRIPTION I. 1 PUP.POSE Thc purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Piper Boulevard Medical Office Center. 1.2 LEGAL DESCRIPTION' The subject property being 2.11 acres, is described as: gAb,rD DESCRIPTION OF OAK TREE M'!E_:_DICAL CENTER PROPERTY ALL THAT PART OF LOT 1, BLOCK D OF PALM RIVER ESTATES UNIT 4, AS RECORDED liN' PLAT BOOK 8, PAGES 69 AND 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 00°35'19" WEST ALONG THE WESTERLY LINE OF SAID LOT 1 FORA DISTANCE OF 45.00 FEET TO THE POhNT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 00°35'19" WEST CONTINUING ALONG TIlE SAID WESTERLY LINE OF LOT I FOR A DISTANCE OF 207.05 FEET; THENCE LEAVS"[G SAiD WESTERLy LINE NORTH 89o24,10,, EAST FOR A DISTANCE OF 49.76 FEET; TI-~NCE SOUTH 00°35'50" EAST FOR A DISTANCE OF 15.00 FEET; THENCE NORTH 89°24'10" EAST FOR A DISTANCE OF 240.55 FEET; THENCE NORTH 00°35'50- WEST FOR A DISTANCE OF 41.88 FEET; THENCE NORTH 89°24'I 0" EAST FOR A DISTANCE OF 29.27 FEET; THENCE NORTH 00°35'50'' WEST FOR A DISTANCE OF 27.70 FEET; THENCE NORTH 89°24'i0'' EAST FOR. A DISTANCE OF 19.69 FEET; THENCE NORTH 00°35'50- WEST FOR A DISTANCE OF 5.64 FEET; THENCE NORTH 89°24'10" EAST FOR A DISTANCE OF 91.39 FEET TO Al,/INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTH 00°31'52" EAST ALONG SAID EASTERLy LINE FOR A DISTANCE OF 263. t3 FEET TO AN INWEKS'ECTION WITH A LINE 45.00 FEET NORTHER. L' ~ PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT. 1; wP~-~.~lK:.l:x:x: 1-1 SEP 2 2 1998 THENCE SOUTH 88°51'03" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 430.42 FEET TO THE POINT OF BEGINNING; CONTAhNING 2.112 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. And Buffer Easement #1, described as: A BUFFER EASEMENT OVER ALL THAT PART OF LOT 1, BLOCK D OF PALM RIVER ESTATES UNIT 4 AS RECORDED IN PLAT BOOK g, PAGES 69 AND 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAn) BUFFER EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT I; THENCE NORTH 00035'50, WEST ALONG THE WESTERLY LINE OF SAID LOT 1 FOR A DISTANCE OF 252.04 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH $9°24'10'' EAST FOR A DISTANCE OF 49.45 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED BUFFER EASEMENT; THENCE NORTH 89°24'10'' EAST FOR A DISTANCE OF 240.55 FEET; THENCE SOUTH 00°35'50" EAST FOR A DISTANCE OF 15.00 FEET; TS{ENCE SOUTH 89°24'10" WEST FOR A DISTANCE OF 240.55 FEET; THENCE NORTH 00°35'50" WEST FOR A DISTANCE OF 15.00 FEET TO TIlE PO~"f OF BEGINNING; CONTAYNI'NG 0.083 ACRES OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. And Buffer E~ement #2, described as: LAND DESCRIPTION OF BUFFER EASEM2ENT NO. 2 ALL THAT PART OF LOT 1, BLOCK D OF PALM RIVER ESTATES UNIT 4 AS RECORDED IN PLAT BOOK 8, PAGES 69 AND 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCR.I-BED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 00°31'52' WEST ALONG Tt~ EASTERLY LINE OF SAID LOT 1 FOR A DISTANCE OF 308.I3 FEET; THENCE LEAVING SAID EAS.TERLY LINE SOUTH 89°24'10" WEST FOR A DISTANCE OF 50.00 FEET TO TH2E POINT OF BEGINNING OF TH2E t--I~EtLEIN DESCR2'BED LANDSCAPE BUFFER EASEMENT; THENCE SOUTH 89°24'10'' WEST FOR A DISTANCE OF 41.39 FEET; ~.o wI'*-]3~K,.~OC I-2 SEP 2, g 1998 THENCE SOUTH 00°35'50" EAST FOR A DISTANCE OF 5.64 FEET; THENCE SOUTH 89°24'10" WEST FOP, A DISTANCE OF 19.69 FEET; THENCE SOUTH 00°35'50" EAST FOR A DISTANCE OF 27.70 FEET; THENCE SOUTH $9°24'10" WEST FOR A DISTANCE OF 29.27 FEET; THE~'CE SOUTH 00°35'50" EAST FOR. A DISTANCE OF 26.88 FEET; THZENCE SOUTH 89°24'10" WEST FOR A DISTANCE OF 15.00 FEET; 'THENCE NORTH 00°35'50'' WEST FOR A DISTANCE OF 41.88 FEET; THENCE NORTH 89°24'I0'' EAST FOP, A DISTANCE OF.29.27 FEET; THENCE NORTH 00°35'50'' WEST FOP, A DISTANCE OF 27.70 FEET; THENCE NORTH 89°24'10" EAST FOR A DISTANCE OF 19.69 FEET; THENCE NORTH 00°35'50'' WEST FOP, A DISTANCE OF 5.64 FEET; THENCE NORTH 89°24'10" EAST FOR A DISTANCE OF 56.41 FEET; THENCE SOUTH 00°31'52" EAST FOR A DISTANCE OF 15.00 FEET TO THE POINT OF B EGI'NNI2~'G; CONT.~N~?~'G 0.057 ACRES OF LAND, MORE OR LESS· SUBJECT TO EASEME~-I'S AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The Property. is owned by Oak Tree Condominium Association, Inc.; Gregor-y A. Collin~, i:LP.T., WilLiam G. Aughtoa D.D.S., Oivind E. Jensen, D.D.S., M.S., William E. Grubbs, .tr., M.D. Craig R. Seibert, PhyLlis M. Jensen, Maureen P. Aughton, Angela V. Collins. 0aere~a. ffe: collectively called "applicant). t.4 GEN'ERAL DESCRIPTION OF PROPERTY AREA A. The Property is located in the East Quarter of Sect/on 23, Town. sh/p 48 South, Range 25 East in Collier County. The Property, co~ists of approximately 2.11 +/- acres and is located offand ea.~q of Cypre,s,s Way and north of the Cocohatchee River Ca. aal and Immokalee Road. 'I'he Property is developed as medical offices. The Property, is generally bordered on the north by developed RM'F-16 zoned property, developed as two story condomin, iu.m sta'uctures; on the east by undeveloped RSF-3 zoned property which is within the Immokalee Road Activity Center at AL'pon Pulling Road and is offered as future commercial property; on the south by a 100 foot canal ffw a.ad L'nmokalee Road (CR 846) and on the west by Cypress Way. B. The zoning classification of the Property, prior to the date of th. is appr~ Document was PUD and I:LM~F- 16. w~'-~-3~tr.tDOC 1-3 SEP 2 2 1998 1.5 PHYSICAL DESCRIPTION The ProperD' is located north of the Cocohatchee River Canal and I.mmokalee Road and eaxt of Cypress Way in Collier County, Florida. The Property. is generally level with elevations between 11 and 12 feet NGVD. The Property [.as the fotlowing designation relative to flood -FEM. A FIRM Flood Zone X; area of 500-year flood or area of 100 year flood with expected average depth of less than I foot. Community-Panel Number 120067 0195 D, Panel 195 of 1125 for ColLier County; Map's effective date: September 14, 1979, revised June 3, 1986. The Property is pan of Palm River Estates Subdivision. The existing vegetation co~ists of e:cten.sive landscaping which has incorporated an existing cluster of oak trees and three (3) cabbage palms. A fifty (50) foot drainage and udHty easement is located on the Property along the eastern property line. Florida Power & Light ('FPL) mahntain~ a wood power pole supported overhead power line and the exirdng drainage ditch within the easement which terminates at the Property's southeastern comer with a 48 inch corrugated metal pipe which drains into the adjacent canal right-of-way. 1.6 PROJECT DESCRIPTION Piper Boulevard Medical Office Center is a completely built commercial center with a proposed maximum of 30,000 gross squm-e feet of development. 1.7 SHORT TITLE This Ordinance is known and cited as the "Piper Boulevard Medical Office Center Planned Unit Development Ordinance." AGENC)A No../? w~'~,~:~.ooc 1-4 SEP 2 2 1998 SECTION II PROJECT DEVELOPMENT REQI.;IR. EMENTS 2.1 PU'K?OSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable Cou. n~ ordinances and other project relationships. 2.2 GE~'EP~& L A. Regulations for development of Piper Boulevard Medical Office Center shall be iu accordance with the contents of this document, PUD-Planned Unit Development Dis~ct and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GM]P) in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdi,,'ision Plat (if required), Final Site Development Plan, Excavation Permit &nd Preliminary. Work Authorization. Where these regulations fail to provide development~ standards then the provisions of the most sknilar district in the County Land Development Code st:roll apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth ha the Collier Count)' Land Development Code in effect at the time of building permit application. C. .RJl conditions imposed and all graphic material presented depicting restrictions for the development of Piper Boulevard Medical Office Center shall become pm-t of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other sect[ohs of the land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by 'the approval of this petition will be subject to a concu~wency review under the provisions of Division 3.15 Adequate Public Fm:iJides of the Land Development Code at thc earliest or next to occur of ,,~-o,-~,.:oc ~'-~' SEP 2, 2, 1998 /? ._._] either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAiN' AND PROPOSED LAND USES The project Master Plan, including new access locations, is illustrated grapkically by E:d:~ibit "A", PUD Master Plan. There slaall be one (1) general commercial tract. TABLE I: PIPER BOULEVARD MEDICAL OFFICE CENTER ESTI?cL~TED LAND USE SUMMA. RY TYPE SOUARE FOOTAGE ACREAGE CO?¢D,,FERCLAL 30,000 2.11 +/- Table I is a schedule ofrhe intended land uses, with approximate acreage of the total project indicated. Exkibit "B" is a conceptual master plan and is an illustrative prelim/nary development plan. Design criteria and layout illustrated on th. is supporting exhibit shall be understood to be fle,'dble so that fi. hal design may satisfy development objectives and be consistent with the Project Development, as set forth in th. is document. TABLE II: PIPER BOULEVARD M~DICAL OFFICE CENTER DEVELOPMEENT SCH]EDULE YEAR SQUARE FOOTAGE 1999 30,000 Table FI' indicates t.he estimated development schedule for the project. The estimate may, of course, change depending upon future economic, market and regulatory factors. 2.4 DESCI:U'PTION OF PROJECT DENSITY OR DCTENSI'TY OF LAND USE A maximum of 30,000 square feet of commercial shall be constructed in the total project area. The gross project area is 2.11+/- acres. 2.5 RELATED PROJECT PLAN APPROVAL REOUTREMENTS A. Prior to the recor:ding ora Record Plat., and/or Condomirdum PLat for all or part of the PUD, final plans of all required improvements shall receive apprTal u~'-o,.~.~:..=oc 2-2 SEP 2 2 1998 appropriate Collier Count')' governmental agency to in~ure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida, as may be applicable. B. E:d'd. bit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, it' applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of' the land shall be in compliance with Division 3.2 of the Collier County. Land Development Code, and the platting laws of the State of Florida C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, s,Sxl_l apply to'the development of all platted tracts, or parcels o£1and as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time ofin.fi'astructm-e improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Design and construction of all improvements shall be subject to compliance with the appropriate pro,,5.sioms of the ColLier County Land Development Code, Division 3.2. 2.6 ~MEND~TS TO PUD DOC_UME'NT OR PU'D MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMO_N AREA MA.rNTENANCE Whenever the developer elects to create land area whose ownership and maintenance' responsibility is a common interest to all of the subsequent purchasers o£property within said development in which the common inter~xt is located, that developer entity shall provide appropriate legal imstnwnents for the establiskment of a Property Owners' Association or another appropriate entity whose fi. ruction shall include provisions for the perpetual car= and maintenance of all common facilities and open space subject Ea"ther to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS_ Landscape bugers, fences and wails are generally permitted as a pri. ncipal use throughout P~. ~~ Piper Boulevard Medical Office Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2:1 4. S~ructura] walled cha~ges Ln elevation - vertical Tl~e above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Stand. ds. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses Lkroughout the Piper Boulevard Med.{cai Office Center PUl). A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9. i. 2. Water management facilities and related structures. 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 4. Landscape features including but not limited to landscape buffers, fences, walls subject to the standards set forth in PUD Section 2.8. 5. Any other use which is comparable in nature w/th the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless other.v/se set forth in tiffs document the following development standards shall apply to strucm.res: i. Sidewa/ks and bikepattu may occur within required buffers, however the width of the required buffer shall be increased proportionately to t.l:: 'widi.b~t,~D.~jT~ of the paved surface of the sidewalk or bikepath. "o /~(,'r~ SEP 2, g 1998 SECTION III COND~EERCIAL DEVELOP?d_ENT STANDARDS .3.I PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Ex.kibit "A", PUD Master Plan, as Tract "A", Commercial. 3.2 No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permirted Pr/nciaal Uses and Structures: 1. Medical Office and Uses Permirted by the ColLier County Land Development Code C-2 Commercial District. (See Ex.h. ibit D) B. Permitted Accessory Uses and Structures 1. Accessory. uses and structures customarily associated w/th the uses permitted in the above districts. 2. Covered parking structures. 3.3 DEVELOPMENT STANDARDS: A. Site Area: I0,000 square feet B. Site Width: 120 feet C. Setbacks: From site boundaries, primary structures: (I) From the I00 foot Canal R/W 70 Feet (2) From North PUD Boundary 60 Feet (3) From Cypress Way R/W 25 Feet AGEN (4) From East PUD Boundary 25 Feet ,o w~-o~-3~.~<~.Dcc 3-1. SEP ~ :g 1998 ~,~. ,,2,3 . D. Setbacks' From site boundaries, for covered parking accessory structures: (1) From the I00 foot wide Canal R/W 70 Feet (2) From North PUD Boundary I0 Feet (3) Cypress Way I0 Feet E. Distance Between Principal Swacrm-es: None, or a minimum often (I0) feet with unobstructed passage from front to rear yard. F. Maximum Height of Structures: Th/try-five (35) feet, not to exceed (2) stories. G. Maximum Hei~:ht of Covered Parking: Twelve (12) feet. N. Minimum Floor Area of Principal Strucmre~: One thou.sand (1,000) square feet per building on the ground floor. I. Lan~caping: As required in Division 2.4 of the LDC unless specified herein. The following buffers are considered to meet or exceed LDC required buffers: (1) From the 100 foot Canal R/W: 70 Foot Widtt~; LDC Type D tree and planting requirements to be met within the northern 10 feet of the buffer, except that trees shall be spaced no more than 25 feet on center. Canopy trees 25 feet on center shall be installed within the southern 60 feet of the buffer. Locations are to be approved by the County Transportation Division for compatibility with any County plans for acquisition and development of this area for the potential eastward extension of Piper Boulevard. The trees shall be located to the north, of and a minimum of 7 feet fi.om the edge of the potential road pavement. Trees sl:m. ll be in.sm led w~t'fi?~_~ ,~-o,.~,.m: ~-2 SEP 2, 2 1998 a County, Staff approved deep root system. R/W trees shall be credited toward satisfaction of the tree requirement for commercial developmenr, s, LDC Subsection 2.4.6.2., and shall meet the specifications relative to that Subsection. (2) Along North PUD Boundary: LDC Type B tree and planting requirements; except ti:mt of the 17 required trees, 8 shall be canopy trees equally spaced and shall have a minimum height of I0 feet at installation. The remaZrring 9 required trees shall be palms; therefore, 27 palms are required (three palms equal one required tree). PaLms .~halt have a m/.nim~ height of 14 feet at installation. The north boundary includes two 15' wide easements. ' (3) Along East PUD Boundary: 10 Feet Width; LDC Type B tree and planting requirements, except trees sl:m. ll be spaced no more than 20 feet on center. Trees shall be maintained at a height not to exceed 12 feet, a.s required by the FPL easement. (.I) Along Cypress Way R/W: 10 foot width; LDC Type D tree and planting requirements, except that trees shall be spaced no more than 25 feet on center. (5) Cypress Way East R/W Trees: Canopy trees 25 feet on center and located a minimum of 7 feet from edge of pavement. Trees shall be ~ed with a Count~' Sta. ffapproved deep root system. R/W trees shall be crectited toward satisfaction of tree requirement for commercial developments, LDC Subsection 2.4.6.2., and shall meet the specifications relative to that Subsection. (6) Water management shall not be provided within the north buffer, east buffer, west buffer, the north ten feet of the south buffer, the required interior landscaped area, the required building perimeter area, or with/n the drip I/ne oft. he ex/st/ng oak tree cluster. J. Open Space Requir:ments: 'I'kiiW (30) percent o," the acreage of the PUD. ,o-o,,-~:,:,.:cc 3-2 SEP 2 2 1998 SECTION IV DEVELOPMTNT C O~'VgvEITMF. NTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance v, ith Final Site Development Pla. ns, Final Subdivision Pla.ms and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be planed. The developer, kis successor and assigns shall be responsible for the commitments outlined in this document. The developer, his suco.'ssor or assignee, shall agree to foLlow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the properD'. In addition, any successor or assignee in title is bound by the commitments within this agreement. 4.3 PUD ?vfASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundahes si:mil not be cons-a'ued to be final and may be varied at any subsequent approval pha~e such a~ at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 MON'ITOR/NG REPORT AND SUNSET PROVISIONS A. The Piper Boulevard Medical Office Center PUD shall be subject to the Sunset Provisions of'Section 2.7.3.4. of the Land Development Code. li B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ,~E,y,~j~;_], w~'-oa-331Ks.I:xx: 4-1 SEP 2 2 1998 SECTION IV DEVELOPMEN-I' CONn'-MiITMENTS 4.1 PURPOSE The purpose of t,h. is Sect/on is to set forth the development comra/tments for the development oft.he project. 4.2 9EN'ERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plata and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to th. is project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in th/s document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulatiom of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezon, ing of the property. In addition, any successor or assignee in title is bound by the commitraents with.in this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Pian, illustrates the proposed development and is conceptual in nature. Proposed tract 6r special land use boundaries st:roll not be construed to be fina! and may be varied at any subsequent approval plaase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to t/me. B. Ali necessary easements, dedications, or other instruments shall be granted to insure the continued opera~ion and maintenance of all service utilities and all common areas on the Property. 4.4 MONITORING REPORT AND SUNSET PROVISIONS A. The Piper Boulevard Medical Office Center PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual moaitor/.ng report shall be submitted >ursuant to Section 2.7.3.6 of the Collier County Land Development Code. ^oE,~a~ Pg. 4.5 TI::L~N S P O RTATI ON The development of the PUD Master Plan sl:~l be subject to and governed by the following condition.s: A. Existing access for the project is approved as indicated and dimensioned and detailed on this docm'nent's Exhibit B: Conceptual Site Development Plan. Future access to the site is illustrated on Ex.h. ibit A. The applicant proposes to relocate an approved access point located on the southeast comer of the tract. The approved location was established prior to the planning of the intersection improvements. The approved location is too close to the intersection of Piper Boulevard and the extension of Airport-Pulling Road. New access is proposed on the southwest comer, which provides a safe offset to the new intersection and direct access to Piper Boulevard. The proposed amendment also provides for an access point along the eastern property, line. This location provides a direct connection via a future drive to the tm.ffic signal at the intersection of Immokalee Road and AL'port-Pulling Road. A future drive or the extension of AL-port-Pulling Road could serve and improve tra.ffi, c flow in the general area as well. The applicant does not propose to conwcruct th. is ct. rive since it would have to be made through an adjacent property. Piper Medical Groups is asking for a PUD amendment to allow this access if a drive or a public road is constructed. A direct connection to a signalized intersection would enhance the ~afety and efficiency of entering and exiting the site. Access to the site is currently provided by a median oper~g at Irnrnokalee Road and Cypress Way East. Vehicles heading east on L, nmokalee must stack when waiting to cross the west bound lane and access Cypress Way East and the site. If this access is conswucted, th.is turning movement could be made at a tm.fflc signal. Vehicles exiting the site will be able to head east on Im.mokalee Road or south on AL-port-Pulling Road without having to backtrack on the eastbound land of Immokalee Road or Piper Boulevard. B. In partial consideration for the reservation of the dedicated right-of-way acreage, the Cotmty shall: 1. Cooperate in the permitting of the Property's drainage easement to be modified in favor of an engineered piped system which may be constructed upon by the developer with paved parking, the required landscaping buffers, and interior landscaped.islands; and, 2. Cooperate to allow the existing FPL easement and FPL distribution Ii. ne to be relocated along the eastern property line, over the proposed modified drainage easement. AGEN wP~-3]IK~.DOC 4-2 SEP C. The dedicated right-of-way may b~ eahanced by the developer with landscaping; such erahancement shall be exempt from the native specie reqttirements. D. The de~eloper retains the right to in.vmll and ma.i.nta~ street trees and County Stag approved landscape improvements in the unpaved right, of-way. Street trees shall be installed utilizing a County approved deep rooting system. E. The acreage of the dedicated right-of-way shall be counted toward the satisfaction of the open space requirements oft.he commercial development. 4.6' E'NV~ ON ~%q'EN'TA L The development oft.Ns PUD Master Plan shall be subject to and governed by the following cond.ifions: A. Exis'd.ng trees and vegetation: The Proper'~.' was previous cleared. Given th. is consideration, the Environmental Impact Statement (ELS) requirement :for permit~g the development o£the subject property is wa.ived. The ex. isting vegetation consists of extensive landscaping incorporating an existing cluster or'oak trees and three (3) cabbage palms. Tree preservation credits shall not be requested for the required retention of the existing oak tree cluster. No other existing vegetation shall be required to be retained. The t.N'ee (3) cabbage palms may be relocated on Property if the developer finds th. is operation viable. 4.8 POLLING PLACES Pursuant to Section 2.6.30 oft. he Land Development Code, provision sb. all be made for the Nture use of building space with.in common area~ (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the o~cial records of the Clerk of the Circuit Court of C0[lier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condomini~ associations, homeowners azsociation~, or tenants associations. Th. is agreement shall provide for sa.id common facility to be wed for a polling place if determined to be necessary by the Supervisor of Elections. wl~-~.~3l<.t~<x: 4-3 SEP 2 2 1998 4.9 SIGNAGE A. Permitted signage shall be consistent w/th the prov/sions of the LDC; in additioa, one (I) directory sign with a maximum of two hundred fifty (250) square feet at the proposed access on CTpress Way and one (I) directory sign at the access location from the Piper Boulevard extension shall be perm/tied. B. Permit-ted signage may be developed with. in the project's western and southern lanc~caped buffers and shall have a minimmn setback of five (5) feet from any property line. 4. I 0 .WATER M.~NAGEMENT A. Maintenance of the storm water marmgement system w/Il be fl'.e responsibility of the Property Owners' Association. B. Deta/ied water maaagement features will be designed to comply with the engineer/ag requirements of SFWMD Vol. IV', Collier County Ordinance 90-I0, and the Collier County Land Development Code. No 4-4 SEP 2 2 1998 SECTION IH · LOCATION MAP · SURVEY .AERIAL · MASTER. PLAN · TOPOGRAPHY 1998 - L_:. (tO I C.~. ~ ~ ~ ~ ~ ~D~CAL O~ICE ~ ~ ~ P~ouccr z ~ II ~ ~ ~ ' ~ '- ..~ E~H/J/ T "C ' ~/~.~ ~L VD. ~D/~L 0~/~ ~?'~~.~ ~ C~UER PUD LOC~ Y/O~ ~ SEP 2 2 1998 SEP 8 g 1998 SECTION VI · CUL7%JRAL i:LESOURCE ASSESSNiENT · ENVIRONNfENTAI. IMPACT STATEMENT · CONCEPTUAL WATER. M-~NAG~ PLAN · TRAFFIC ANALYSIS · UTILITY AVAILABILITy Sfp 2 2 1998 CULTIYRAL RESOURCE ASSESS~NT The property is located outside of any area of kistorica[ and archeological probability. A Cultm-zl Resource Assessment has not been previously required. The proposed project does not create any circumstances wMch would require a study. AGENDA NC SEP 2 g 1998 po EN'VIRON~NTAI, IMPACT STATEMENT The proposed Amendment includes changes to the PUD Master Plan includLng the expansion of an existing parking lot. The Applicant w/Il comply with all prior conditions of approval. The parking lot exparmion w/Il be constructed on a small isolated parcel. Ttds parcel has no environment~ly seasitive lands, wetlands or protected species. The site has been prev/ously cleared and graded. .'~.t~,oTr. 7.ooc SEP 2, 2 1998 COh'CEPTUAL WATER NLA. NAGE~IEN'T PLAIN' Construction permit~, including applicable zarface water management permits from CoLLier County and the South. Florida VCatm- Ma.~gemenc DLstrict, have been previously issued for the project. The p~posed Amendme=t ,a< necessizate some minor relocation ofcLrainage strucru.res to accommodate ckanges in lot lines. Detailed engineering revie;v of this mat'u.re is not typically conducted during review and approval of the Pr,.,FD Zoning. Ail previous stucLie~ are coa.sixtent with the proposed Am<dmc~ Re','is'ioms to cen.s'ma~on plans ~ be s'u. bmirted for rtwiew ~d approval in accordance with norm< County procedures and requirements. ' TRAFFIC ANALYSIS The proposed project increases the number of parking spaces in unused land on-site. There is no proposed change in use, or traffic generation. Future access to the site has been modified as a result of intersection improvements proposed by the County. The relocation and the addition of an access point has been coordinated and recommended by the County. Since the amendment does not increase the intensity of the site, since the existing traffic impact analysis for this approved PUD showed additional access to the east, and since the proposed access locations improve the safety and efficiency of traffic flow, a traffic impact analysis is not required for this amendment. The project has previously been analyzed and determined to comply w/th concurrency. UTILITY AVAILABILITY ASSESSMENT The proposed project consists or:dy of a parking lot expansion. Existing utilities are ava/lable and adequate to service the project. w~.~t-m~.~:x: SEP 2, 2 1998 PETITION DATE APPLICATION FQR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT /~,PJ~ 1 3 1998 COMMUNI~' DEVELOPMENT DIVISION CU~NT PLA~ING P~NING 1. Name of Applieam(s) Mr. Grego~ A. Collins CIO Medical Office Center Investment Group Applicant's Mailing Address 90 Cypress Way East Ci~ Naples State FL Zip 34110 Applicant's Telephone Number: Bus: (94}~ 591-333 [ Is ~e applicant the owner of the subject prop¢~? Yes No ~ ( a ) If applicant is a land trust, so indicate and name beneficiaries below ~ ( b ) If applicant is a co~oration other than a public co~oration, so indicate ~d name officers and major stockholders below. ~ ( c ) If applicant is a pagnership, limited pagnership or other business enti~, so indicate and name principals below. X ( d ) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ';; ~ ( ¢ ) If applicant is a leasee, a~ach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purch~er, anach copy of contract, and indicate actual owner(s) name and address below. See E~ibits A-I and A-2 (If space is inadequate, attach on separate page. 2. Name Agents: Name BruceJ. SicilJano. AlCP FirmAgnoli, Barber&Brundage, lnc. Agent's Mailing Address 7400 Tamiarni Trail North Cig, N.aple~ State FL Zip Telephone Number: Bus: (941) 597-3J J J Fax: (941) 566-2~0~ Name Richard C~rent Firm grant, Fridkin & Pearson. Agent's Mailing Address 5551 Ridgewqxpd Drive, Suite CiD' Naples; State FL Zip ,34I Telephone Number: Bus: (941) 571-1000 Fax: {'94 I') ~14-0377 '~'P.O~.2*9~:s..x,p , SEP 2 2 1998 Pg. ~ 3. PUD ORDINANCE NAME AND NUMBER: P/Der ~Oul~ Offic~ Ordinance.9,$~4 . _ 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. Ifpropen? is odd-shaped, submit four (4) copies of survey (I to 400' scale). , " See E,'xhibit B-1 THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCR/PTION. IF QUESTIONS AR/SE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION ')" ~ __ TOWNSHIP~ 4~ RANGE 2.i See Exhib~~qgk~lm~ 5. Address or location ofsubject property.. North the inter:;~ side oflmmokal¢¢ Road approximately 6. Does proper-t3. owner own contiguous property to the subject proper-r3.? If so, give ; .... complete legal description of entire contieuous propert)'. (If space is inadequate, attach on separate page). ~ 7. TYPE OF AMENDMENT: _ .___X_.X A. PUD Document Language,Amendment __X__._ B. PUD Master Plan Amendment _ C. Development Order Language Amendment 8. DOES A/HENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X _ - NO If no, explain: YES 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME?_ NO PETITION ~: .DATE: ~,VP-03-279K$ APP SEP 2 2 1998 I0. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X YES. NO. iF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). See enclosed Narrative. revised PUD Master Plan and PUD Document wP.o~..~;~:s ^~ ~ SEP 2, g 1998 The undersigned being first duly' sworn, depose and say,,' that ,,ye are the owners of the property' described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary, matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. SIGNATURE OF Mrs. Maureen P. Aughton SIGNATURE OF AGENT SI bF AGENT State of Florida Collier Count5.' The fQregoing Application ,,vas acknowledged befo_[e me. this /~J'J/day of //~ F'! {"' 6'_, ~ ~ .... 199~' by'/'//q,::tL4r.e, et,,f 1~, //-//~hTt"o~ , `'vho is l~r~onally knr~u,n to me or who has produced identification and ,.,,'ho did (did not) take an oath. Il ...:':;.::'.;:;~..:'-cH~krOPH~. &~K ' qJ (Signatur~of Noiary PuBlic) NOS,~RY I~U'BI.[I C - Co mission 6'.70 PUD/DO AP?LICATION SEP 2 2, 1998 AFFIDAVIT The undersigned being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementar?' matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. SIGNATURE OF OWNERt,,"7 - , Mr. William G. Aughton, DDS SIGNATURE OF AGENT SI(~'~OF AGENT State of Florida Collier County . .~_ The for~goine Application was acknowledged before.me this ~Jday of ,::e' k" ~/4 ~ 199'~ by/Y//{r,~'if/[~ ~. //rxd/_/l;/~i~ , ,.,'ho is pe;sc~nall.,,' known to me or v~'~o has produced~L'-~J/_'/q2.~5- ~'~-2 5/3.~/0 as identification and who did (did not) take an oath. ~c~.as,~.~c~m,o, II ("~nature ~(-l'4;ta~ Public) NOTAW(~;iJBLIC- - Commission #~6 ~"7(:Q//cO l My Commission EOirls: ,4~./q~5~t' AG E NOA t.,,~'~r.M ~u~o^~uc,,T~o~ SEP 2 2 1998 AFFIDAVIT The undersigned being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary' matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. SIGN OF OWNER Mr. Craig R. Seibert I SIGNATURY_ OF AGENT S G~4A4 ~,,KE ~/F AGENT State of Florida Collier County , .. The foregomg Apphcauon ~ acknowledged be. forejme,thirO2/ day of ~.2,/'_5_-.--~co%,'-~ 199~3 bv [1'5__~:~- ~'J"'f'~' ~ -- who is peDonally Knm,q__~ to me or who has produced& ~ ~,0~c.-,::, ~ as identification and who did (did not) take an oath. .~ S ~ ~3 - / I ~ -_q'?-o~ S?- o ll~~:!:~fl...:?-~ .... ""~"~' ~ ~ ='~"' ="'~ =~: ~' ~'"'~ ~'~'~ ~"- If NOTARY P U B Lf[~ Commission # k_;fi_.--- ~6'-~/'0v (_.) My Commission Expires: A~ENI PUD/DO APPLICATION SEP 2 2. 1998 AFFIDAVIT " The undersigned being first duly sworn, depose and say that we are the owners of the property, described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our 'knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersized to act as our representative in any matters regarding this petition. ,/-/~ /// lvlx's. Ph','lIis M. (ensen, Trustee SIGNA~ OF AGENT SIG ,J~ 6~: AUENT State of Florida Collier Count3,' .-~ /The fi)regoing Application was ac~,owpefl,ged before, me this~/g~_e~://day of ~.~ff 199~ by r~///ff ~ ,3~;.~ , who is personally ~o n to me or who h~ prod~ce~ identification ~d who did (did not) take an oath. ~¢ature o~Nota~ .... NOT~Y p~BLIC My Commission Expires:~~ PUD~K) APPLICATION SEP 2 g 1998 The undersigned being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. ~, OF Mr. Oivind E. Jensen, DDS, MS, Trustee SIGNATU'P~ OF AGENT ~IG . A~NT State of Florida Collier CounU' fThe foregoing Application ,.,.'as acknowled, ged before me thisbe/da.',' of ~'~0~ ~~ 199,~ by ~O,/-'k./ff~-,~'~.e~S.o~. , who is pers~nally kno(vn to me or who has produced as identification and who did (did not) take an oath. t--"~Signat~re%'fNotaf-y Public) ' '":"~" .... _. ~ NoT~Ry ~UBLIC Commission# C / ,uo,=o^m.~c^'nos SEP 2, 2 1998 po. +'7 AFFIDAVIT The undersized being first duly sworn, depose and say that we are the owners of' the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementao' matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. S R Mr. William E. Grubbs, Jr., MD SIGNATURE OF AGENT SI GENT State of Florida Collier CounD' _.~ TJ~e foregoing Application ',vas acknowledged before me this ,::~0 day of ~00-Z(_,5'2~'2_ 199~ by //-.)/;¢3. ~'.~,eo/~/o 2-£ -- who is personally ~ to me or Who has produced ,47. xJ,4 ~j "'-- ~--' ' ..... · ,_ ,~'~. ~ ~;~-~4 ,// as ldent~ficat]on~13.~ who did (did not) take an oath. ature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: PUD/DO SEP 2 2 1998 pa. ~ The undersized being first dui.,,' sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary, matter attached to and made a part of this application, are honest and true to the best of our 'knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We furth~ permit the undersigned to act as our re presen tat ire in any matters regarding this pet i 't ~.~~....% _.j~oOl~-~U~.~'OcF ~ State of Florida Collier Count.,.' 'Phe foregoing Application was ~'l. mowledged before me this~_0_"~day of OZ:iO s. ¢~"~'vn 199' by ~e-zx--t. ('~k-z ,who is pe~s.~g~lly known I'_o me or Who has proaucecf) 'J as identification and who did (did not)take an oath. '~t~~~' .":' .... P^T~C~^ ~t.L~S ~,,,5~ature of Notary Public) NOTARY PUBLIC Commission #~-.6.. My Commission Expires: PUD/DO ApPLiCATION The undersigned being first duly sworn, depose and sa.,,' that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementa.O' matter attached to and made a part of this application, are honest and true to the best of our 'knowledge and belief. We understand this application must be completed and' accurate before a hearing can be advertised. We further permit the undersi~/eA to act as our representative in any matters regarding thi.s..l:ze~tition. _ / /"/ . /,Mrs. Ang~/V. Collin SIGNATURE OF AGE ~OA J-K~F ENT State of Florida Collier Count>.' ~,~,~T. he foregoing Application ,,vas acknowledg.ed before.me this c~eday of ~,)d¢~3 c4 199~by ~o~ ¢-~lG. OC)/],¢~,~ ---- who is personally-~ "knov, ,n~"~'me or who has produced r~,~~ F/O. ~. L). as identification and~ did (did not) take an oath. - ' ' ignature of Notary Public) NOTARY PUBLIC Commission # My Commission Expires: pg. OFFICERS AND STOCKHOLDERS I. Mr. Craig R. Seibert 2. Mr. Oivind E. Jensen, DDS, MS, Trustee 3. Mrs. Phyllis M. Jensen, Trustee 4. Mr. William Ca. Aughton, DDS 5. Mrs. Maureen P. Aughton 6. Mr. William E. Grubbs, Jr., MD 7. Mr. Gregoo' A. Collins, RPT 8. Mrs. Angeta V. Collins S t ~'W/k t D'?.2JOK7 DOC NO. SEP 2 2 1998 EXHIBIT A-2 OWNERSHIP INFORMATION 1. CONDOMINIUM OV,, t"N'ERSHIP: 2. OAK TREE CONDOiMINIUM ASSOCIATION A. Mr. Craig R. Seibert B. Mr. Oivind E. Jensen, DDS, MS C. Mrs. Phyllis M. Jensen D. Mr. William G. Aughton, DDS E. Mrs. Maureen P. Aughton F. Mr. William E. Grubbs, Jr., MD G. Mr. Gregor}.' A. Collins. RPT H. Mrs. Angela V. Collins WP.I 1.2JOKT. DOC ~¢o. 1 '1 [ lJ ) SEP 2 2 1998 EXECUTIVE SUMMARY PETITION AV 98-017 TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS IN LOTS 7,8,14,15,22,44,45,46 AND 47, ACCORDING TO THE PLAT OF "QUAIL WEST UNIT ONE, REPLAT", AS RECORDED IN PLAT BOOK 21, PAGE 84, AND TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS IN LOTS 27,28 AND 29, ACCORDING TO THE PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCK C", AS RECORDED IN PLAT BOOK 24, PAGE 37, AND TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS IN LOTS I AND 2, BLOCK H, ACCORDING TO THE PLAT OF "QUAIL WEST UNIT ONE, REPLAT BLOCKS G AND H", AS RECORDED IN PLAT BOOK 22, PAGE 36, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING LOCATED IN SECTIONS 7 AND 8, TOWNSHIP 48 SOU'I~, RANGE 26 EAST. OBJECTIVE: To adopt a resolution to vacate portions of special preserve easements in thc above described lots in the Quail West subdiv/sion. CONSIDERATIONS: Petition AV 98-017 has been received by the Transportation Department from Terry Cole, P.E., of Hole-Montes & Associates, Inc., as agent for the owners, requesting that portions of Special Preserve Easements in thc above described lots within the Quail West Subdivision be vacated. The Petitioners are requesting these vacations to increase the buildable area within the lots. Copies of the Warranty Deeds and the Tax Receipts are available for inspection in the Planning Services Department. Letters of no objection have been received from Community Development and Environmental Services, Planning Services, Quail West Foundation, Inc. (Homeowner's Association) and Quail West, Ltd. (Developer). The Transportation Department has reviewed the Petition and has no objection. Zoning is P.UD. FISCAL IMPACT: Collier County has collected a $3,000 "Petition to Vacate" fee from the petitioners due to three separate plats being involved and Mil be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of Count)' Commissioners: 1) Adopt the Resolution for Petition AV 98-017 for the vacation of portions of the above described Special Preserve Easements; 2) Authorize thc execution of thc Resolution by its Chairman and direct thc Clerk to record a certified copy of the Rcsolution in the Public Records; and 3) Request the Clerk of Courts to make appropriate marginal notes on the recorded plats. PREPARED BY: ~["~,~,.-~-- /'-,~_/.~-/~-,.- DATE: Rick Grigg, Land Surveyor Planning Services Thomas E. Kuck, P.E., Engineering Review Manager REVIEWED BY: ~ .- DATE: o l$,obet(/Mulhere, AICP REVIEWED BY: Vi/'' ~ "" ~/ ~ DATE:?~' i~cent A. Cautero, AIC~,-A~nistmtor Community Development & Environmental Services $[:[:> 2 2 ]~8 ATTACH~IENT B PETITION' FOR.Sd FOR VAC.-\TION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAN'D IEXCEPT FOR VACATION OF PLAT AND SI~IL'LTANEOL'S REPLATt Pcfi~ioncr(O~ncr)' George~ M. Macchia Address: 3 8 5 La ve 1 1 e C ouLt_ ........................ I'clc-P,q~,,-~--.~_O--~-i'-- Cit.','/$tat¢: ~W,ZckO f f, NJ __ Zip Code 0 7 4_~ Agent: W. Tern' Cole. P E Address: Hole M3n~cs & As~oc~:~tes 'Fclcphone' CitySlatc: Naples. Flor~d;] ....... Z~pCodc ;4i(~2 Addr~ss or Sub. lcCl Propen} 45LV Brvnwood D~L'.'e Cit>vS~ntc: NapLes~ FL ~Z~pCode ~411') Legal Descr~pl~on Lot ' ~Block - Um~ J)~ ............................. Subdivision ~u:~l Wcs~Um~O~e. Rcpla~ PI:i~ Book 21 Pa~c(s) Reason for Request N':~:~}[~L~t~CCl;ll Prescm c E:~j~}L/~._~_jjAiomp C O E permits CurrcntZomn$ PL' D .................. Docstl.~;lll)cldct:Slt~')No I Hcrcb~ A.thor,/c .t~cm -tbo~c to Rcprcsc~H %1c For [h~s ['z~HIO~ ~'cs ~_%'o .... S~hmrc)f Pctil~oncr (Ox~ ~cr) Dale Print Name Please sec "Pol~c~ ;md Procedure of Vac;~l~on and .Ammlmcnl" Ibr Ibc l~Sl of supportive m;HcrKds x~ htch nlusl ;~ccomp;H]} I[Hs pctH~o,. ;~nd dcl~xcr or H~ml lo Tr;~s[)orl;tl~on Sc~ ~ccs C'oll,cr Co,m~ Goxcrnmcnt Complex N:~plcs. FL Telephone (941) 774-N4.)3 (l) lfapplic;ml ~s ;I I:md Irust. indic:lie thc n;~tne ofbcncl]ciarlcs (2) [[applicant is a corpor;H~on olhcr Ih:in a public corporalion. ~ndic;~te the name of otT~cers and major st~kholders (3) xf:~pplic:mt is p;~rtncrsh~p. I~mttcd p:~rmcrslup or other bustncss cnl~t~, i.dic;llo Iht namc or principles (4) L~st all o~hcr o~ncrs SEP 2 2 1998 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND tEXCEPT FOR VACATION OF PLAT .-\ND SI.MLiLT..\NEOUfi REPt. AT) Date Receiscd: '~ -/"~ ?,5 ?cmion ~:..\V- -2_~-~_/__~ PetitioncrtOx~ncr):. Quail West, Ltd. Address: 6289 Burnham Road Telephone {941) 597-6311 Cio'/Smte:Nap. les~ FL .Z~pC<c' 34119 Agent: W Tern' Cole. P E Address: Hole Momcs & Ass~:,~cs 'Fctcphonc (9¢ 1 } 262-~(, 17 CiD' Stz, e =x':~g~El,.~.~:~ ............................... Z~p Code ~4 AddrcssofSubc:t Propca5 4501 BrTnwood Drive City/St:nc: Naples, FL Z~p Code: 34119 Loc:ilion: Section S To~nslnp 4xS Range' 26E Legal Descnp~ton Lo~ ~ Bl~k - L'm~ One Subdivision' Ou:nl West U,tI One. Plat ~ook 21 _.P:mcJs~ Reason for Reques~ .5~;)G~t'9" q~_~P~2L~:~crL~-~d<cm~~-~5-.P-~5~° co,~ C OE i!j?t! CurrenlZomng PL'D Does tl~s affect densit? No I Hereby At,honze .-Xecm .Abo~c Io Represent XI¢ for lh~% Pcl~l~on Yes x Signalur~,.of Pcmloner tOxxncr) Dale Sandra Hesse as AuChorkzed Print Name Please sec "Poise% :~d Procedure of Vacation and Annulment" l~r thc I~st of supportive Hlalcrlals uhich iBtlst accompan> tins pct~t~on, and dchxcr or Illail Transporl;mon Se~ ~ccs Colhcr Cotllll) Goxcrnmcnl Complex Naples, FL; ;')62 Telephone (941) 7,4-N494 (1) lfapplicam ~s a land Irust. indic;nc lite nalne of bencl'tcmncs [2) lfappl~c:ml ~s a :;orporatIon other Ih:m a public corporal~on, indicate the name of officers and major s~ockholdcrs (~) il'appl~c:mt ~s parlncrsh~p. I~m~Icd parlncrship or od~cr bus,ness cnl~t}. ~ndicate the name of principles. NO t4) L~st all olhcr ouncrs SDK of Naples, Inc. SLH of Naples, Inc. S~P ~ ~ 19~8 RSH of Naples, Inc. ,, ATTACH~IENT B PETITION FOR.Xl FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LA,X'D (EXCEPT FOP, VACATION OF PLAT A.X,'D SI.X, IULTA.~EOL'S REPLATI Dale Rccc~scd:·, ~ , ? ~.~ PctlI~on = AV- '? ~, - ~..." ~2, Pcm~oner(O~ncr) James & Carroll Knott Address: 4405~nwood Drive Telephone (941) 566-9906 Cib'/Sm~c: Naples, FL Zq) Codc_~ll9 AEen[: %V Tern' Cole P E Address: Hole Nlomcs & AssooL~cs Telephone ¢341 ) 262-4f, 17 City Sta~c' N;~plcs. FlorMa Zip Code ~.~J~_ AddrcssofSubjcct Propcn) 4405 Brvnwood drive Cil)'/State: Naples, FL Z~pCodc Legal Dcscr,pttou Lo~ 14 __ Blouk - L'~t ~3~_c ........................................ PM~ [k~ok _~ ................. P,~cc(s¢ ~A~ I?(L ..................... Reason for Rcqucs~ _V;~C,~TOn or ~t~f~LPr~_.E~icip~_P E CO E. pcmms Currcn[Zonin~ P L'D .... Docsllus;dTccldcns~ts"No I Hcrcb%Author~/c.A~cnl.&bo, clo Rcprcscm N~clbr tMsPct~I~OH Yes x Xo__ Please sec "Polics ;~nd Procedure of V;Ic;ll~on ;md .Ammlmenl" for Ibc I,~1 of supporl~vc m;Hcrl;ds ~s hich IllUSI aCCOmp:m> {1us pClitioI1. :l[]d dci,~cr or m;,,[ IO ['r;mspo~;mon Sen ~ccs C'oll~cr Cotml~ Go~crnmcm Complex Naples, FL; Tclcphon¢ (')41) (l) [fapplic:~nl ~s :~ land In,si, ~nd~¢:llC thc name ol'bci~cl-tctarlcs (2) [fappl~cmU is ;~ corpor;H~on o[her Ih:~n ;i i)ubl~c torpor;dion, ~nd~c;~le Iht ~;une orot~cers ;md major s~ockholdcrs (3) ~r;tpplicunl ~s I)',~rlncrsh~p. ltm~lcd p;trlncrsh~p or other bus,ness Clllll%. indic;IfC Iht It;linc of prinoplcs -- ,,.GENOA ~TE~ (4) Lislallolhcrouncrs ,o ~ SEP 1998 ATTACHMENT B PETITION FORM FOR V,ACA~I_O~N OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND, (EXCEPT FOR VACATION OF PLAT AND $1.ML'LTANEOUS REPLAT) Date Received: "p - ? z5 Pclition .:AV- ~_~) - C~)/'7 PetiGoner(O~ncr): Ronald a Gretchen Zuckerman Address: 4341 Brynwood Drive Telephonc~ (941) 513-0175) CiQ'/State: Naples, FL ZipCode: 34119 Agent~ %V. Tern' Co~e. P E. Address: Hole Montes & Assocmtcs Telephone: ~941).262-4617 CitySmtc:Na~le~.FIorida ZH) Code ~41~2 Address of Subject Propers): 4341 Brynwood drive City/Slate: Naples, FL Z~pCode 3411~) L~ntion: Sec,,on ~ To~nship 4~5 R:m~e LegaIDescr~pnon Lot 15 Block - Uml One Subdivision: OIl;HI KVeSl UIIil O~le. Plat Book. 21 Reason for Request' Vacmion of Special Presen'e Easemem ~S P E )~o comply s~il]l S.FW M.D & C.O E. permits CurrentZonin~ PUD Does ~his ;~ect density'? No I Hereby Authorize Agem .-Xbo~e Io Represent Xle for ~lus Pe~on: Print Na me Please see "PolicF and Procedure of Vacation and .~nnulmcm" for the list of sup~nive malcrials which must accompan) Ibis pclit~on, arid dehvcr or HI~Ht lO Tr;insporlaHon Collier Counb Go~ernmem Complex Naples. FL Telephone (911 (1) [£applicant is a land Irt|st. indic:He the name o£beneficiarles (2) If applicant ~s a co~or;nion other than a public co,or;moa, indicate ihe name ofo~ccrs and m;uor s~ockholders (3) ifapplicam is partnership, limHcd pan~crslup or o~her business cathy, indicate thc nmne of pti nciplcs .~ (4) k~st all orhcro~ncrs no SEP g g log8 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND iEXCEPT FOR VACATION OF PLAT .AND SIMULTANEOL'S REPLAT) PetitioncrIO~ner) Quai~ West, Ltd, Address: 6289 Burnham Ro~d Telephone: (941) 597-6311 Ci~>'tStmc~~, FL Zip Code: 3 4 119 Agenl: W. Tcr~ Cole. P E Addrcsst Hole Nlomcs & .-Xssocu~cs __Telephone C,>,S~atc ~;amiesz FL ....... L~;ition SCCllOll' X Fou nshlp 1MS RalmC 2t',E Legal Descmpl~on t_ol 22 Block'- L'nl~ One Subdivision Ou:ul WeSl Unit One. R~plat PI:ti Book Reason for RcqtlcSl XOci~ttsllLg!'._Sp~jjlL~EqS.~_~i!5~l!l~l~.~ ~_~ I~_Xp~JJl~l~)>Xlh S F W NI D & C.O.E permits Currci~IZomng P L' D DocslhlsalTcctdcnsitv'~No [ Hereby AtHhorh'c &goal &box e lo Represent Signature or' Pct~lioncr IOu ncr) D:He Sandra Hesse as Authorized Agent Print Name Please see "Policx and Procedure of Vacation :md .&malachi" for thc I~st of supporlne materials which Transpommon Sen ~ces Collier Coumv Oox'cr,mcm Complex Naples. FL Y3%2 Telephone ~')41)'?4.~1')4 l) If:lpphTant I~, a hll'M trust, ira. he:lie lhe ri:lille ol'bcncFI¢l?rlcs (2) IFappllc:mt ~s :~ COFpOF;II~O~I other limn ~l p.bl~c COrporalIOll. llldlC:lle die fl:lille of oFFicers and major slockholdcrs O H';tppl~cam is p,~nl~Crsh~p, l~mll~d pam~crslup or olhcr busmcss emil}, i,~dicme ~1~¢ nalnC of prmc~plcs ~ (~} L~sl all o~hcroxxncrs No ~ SDK of Naples, Inc. SLH of Naples, Inc. SEP Z Z1998 RSH of Naples, Inc. A'VFACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDI\qDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT) Date Received: '~ - ~ '~. ' 'n '¢2 Pclition #:AV-_ ,-?.~ '~__-,/'7 Petitioner(Owner): Ga le Ro ers Address: 4340 Brynwood Drive Telephone: (941) 592-6814) CiD'/State: Naoles, FL ZipCOdc: 34119 Agent: W. Terry Cole. P.E. Address'. Hole ..",lomcs & Associ.'~Ics Telephone (91 [) 262-46~7 Cib' State: Naples. Florida Z,p Cc<lc: 34 Addrcs$ofSubjcct Propcmy; 4~40 Brynwood _Drive Ciry/Sta~e:_Naples, FL . Zip Code: 3.~119 Location' Section: ,B Tounship: 4gS Range: 26E L,cgal Dcscriptiom Lol' 44 Block' - Un,ti One Subdivision; Quail Wes[ Unil One. Rcplal Pla~ Book: 21 __Page(s): Reason for Request: \",qc;nion of' Speci,M Preserve Easemcm (S P E ) Io comply with S F \V M.D. &.. C.O.E. pennils. Current Zonin§: P.U D Does this nff¢¢t density? No I Hereby Aulhorizc Agent .:,.hove to Rc?r,zscm .Me for Ih~$ Petition Yes: ×...No:~ Print Name d (Tide) Please see "Policy ,qnd Procedure of V,%alion and Annuhnenl" for Ih¢ list of supportive malcriMs which ,, taus[ accomp;~ny Ihis p¢lit~on, and delF, er or mad Io Transponnlion Sc~ ~ccs Collier Count.', Goxcrmncnt Naples. FL 3.;962 Telephone (041) (l) [fappl~cam is ;~ land IR,si. il~dlc21e Ibc nau'~¢ of bo~¢ficiarics (2) [f,'lpplioqnl is a coq)oration olher than a public coq)oral,om indic;lie tl~e name ofo~ccrs and major stockholders. (3) if applicant ~s l)nrlncrship, l~mited i);~nncrslnl) or o~hcr bus,ness chilly, indicate lhe name of principles *OE~t (4) bisl all other owners ~. SEP 1998 .'\TTACIfME NTB PETITION FORM FOR. VACATION OF' PLATS OR. POR.TIONS OF PLATS OF' SUBDIVIDED LAND iEXCEPT FOR. VACATION OF' PLAT AND SIMULTANEOUS REPLAT) Date Received: '] ' '~ ' "? ~ Pctition #:AV- .-?_~-.O/7 Pctidoncr(Ox~ner} John & Judith Ko&.t7 Address: 1222 Homestead Creek Tclcphonc:,(216) 546-0177 Cib'/SJa~e: Broadview Hts., OH .... ZipCod¢: 44147 A8ent:.W. Term' Cole. P E Address; Hole Momes & A.~socm~cs Telephone ~'~4 I) 2(,2-4617 City Stalc'..N~plcs. F!ond:~ ._Z:p Code Addrcss orSubjcc~Propca) 5832 Glenholme C~rcle Cib'/Sm~¢: Naples, FL Z~pCodc: 34119 L~alion' Section' x To~nsh~p 4xS Range' 2(~E Legal Description: Lo~: 15 Block. - L'ml One Subdivision; ~tmil Wes~ Uml One.~plal Plal ~ook 21 Reason for Rcqucs~ V;,c:~l,on 9~]_~L~c~F~S P~n,q_~j~j~>:~j~ C.OE permits ....... Cu~ent Zoning: P U D Does Ihas affecl densiw? No I Hereby .Amhon/c Agem Aboxe Io Represent Me for this Pcht~on Yes ~No.~ Print Name {T~tlc) Please see "Policy :md Procedure of Vat:ilion and Anntflmcnt" lbr Ihe Iisi of suppo~e malenals which must accompany llns pelil~on, and deliver or mad to Trnnspommon Sec'ices Collier Coum~ Go~ernmenl Complex Naples. FL Telephone ~')41 ) 7~4-~194 (1) lf;Ipplic:llll is a land ln~sl. ~ndiC;llC Iht ll;IHle ol'bcncl]Cl;ir~cs (2) If applicant ~s ii torpor;ii,on of her llmn a public corpor;mon. ~ud~cale Ibc name ofo~ccrs and major Slockholders (3) il'appl,Canl Is t);H1HcrsIup, hm~Icd parlncrship or olhcr business mildly. ~ndicale Ihc name of principles. NO SEP 2 2 1998 A'Iq',-\Ctt%IE NTB PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SL'BDIVIDED LAND (EXCEPT FOR VACATION OF PL..\T ,.\ND SIMUI.TANEOL'S REPI.,-\T~ Date Received: .~ - :3..,' ~ F'ctH~on ~AV- Petitioner (Ox~ ncr)' _~ Q~_~.i_.l._ We $. t~ ....L L..cJ., ................................... Address: 6289 Burnham Road I'clcphonc: (94_1) 597-6311 Cip:'/State: Nap_l_~_S ~__F_L_ ............................... Zip Code' _t411.9_ Agent: \V Tern Cole. P E Address: Hole Momes & .-Nssocul~es Telephone Cit.,,' Stale N:__~pl.,_'s;_.'_'_h2r_!5!:~ ............................... Address of .Subjecl Prol)¢rt5 __52tL6_G!enhoime_Cir_¢le_ City/Slate. Naples; FL __ _Zqo Code Location: 5ecuon' x To,,~nslup ½2~_ ..... P,:ul,,c _ ,E Legal Description Lei j_c,_ .......... Block .: ..... I.'nH _O_t!C ................................. Subdl', islon .(')dlE±L_l ~_._V_cs£_I_.'r_ILI._()J)~: Phil Book Reason for Rcqucsl .__k'_gLllgU_otjSp¢CLI _P~r.cs_cq ¢ E; ',clUcE. tS_P__F_. J_Lo co_ mlll',.L_',.'ti_l)..5_F_SV_.~l D...&_ C O E kt~LqJ~l,s .......................................... Current Zoning P L' D Docs Ilus alTccl densllx'> No [ Hcrcb', Authorize .\,.:cra Abo',c ~o I>,eprcsc,u .Nle for tlus Positron 'Yes _X__No ___ ,,,X....~', ,~ > -: - . ,. < _ :,. _,....~ / / Signature of Pc!H~oncr ~O~x ncr) Date Sandra Hesse as Authorized Aqent Print Name ~'htlcl Please see "Policy and Procedure of \':lC:lliOll :llld :\lllltlIHl¢lll" for Ill,2 Iisi of supponlx c Inalerials u'hich must accompan5 th~s petition. :lzld dolt, er or mad to Tr:msportat~on Collmr Ce,ar, Go',crnulcnt Complex Naples. FL T¢lcpho,c 1')41 i 774-,'q494 (l) [fappllc,qnl ts :l }:llld IruSl. IlldlC:llC lbo Il:lille Of bcncllci:{rlcs (2) lfappllc:ml is ;i corpor;HlOll oIl~cr Ih;ill ;l public corporalIOn, llldic;ite the II~llllC ofolTicers and nlajor Slockholdcrs O if:tpplicaFd tS p:,rlncrsh~p. Illtllled p:lrtncrsh~p or other business cl~lHx, mdicale thc name of principles (-1) L~t :ill olhcr o',.xl~¢rs } No SDK of Naoles, Inc. RSH of Naples, Inc. SEP 2, 2, 1998 S%H oE Naples, 'mc, ATTACft.MENT B PETITION FORM FOR VACATION OF PLATS OR PORTIOXS OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PI.AT AND $1MULTAXEOUS REPLAT) Date Received: '~ ' '-~' - ~ .... Pct,tion nAV- "~.,.~_Z~'"~/ PetitioncrtOx~ncr) William ~ M~rg~r~ Dnv~11 Address: 5800 G.[e~me C_~ __Telephone ( 941 City/State:~s, FL Zip C~c:~__ Agent W Tern' Cole. P E .......... .6..A()[ 7 Address: Hole M~U]~! ~ .'~_~3q~I[UF3 ............ Telephone CiD' Sm~: X:~s.~[~p.c~:Z .................................. Z~ Cod~ Address of SubJect Propcn> ..... ~_~_~. ~.e_oh~me _~.~XG City/State Naple ~_,. FL ......... ~q,;i'ode-iiF{~ ..... L<ation' Scot~en x To~nsh~p 4xS Range 2~,E Lemd Dcscnpuon Lot ~- [~lock - Unil One Subdix ls~on: ~3uu~ X~'c~;Lqt ~3~.:..~ ciI~4L ...................................... PL~t Book 21 Pa~c(s) N4-1()G Reason for Request X'uc:.~on et' ~pccml Presort c F:~s~tUsTjt~_P~_t~$P. P2L~l~ Currem Zoning' P U D ~ Does ~tus aff~ct density.) No I Hereby Atnhorizc Aucm Aboxe ~o Represent Me for flus PCt~l~On h'cs Signature of Pct~l~oner~Ouncr) Dale Print Name ~'F,tlc~ Please sec "Policx :md Proccclure of X'acal~on and AnnulmCnl ' Ik)r thc l~st of supporl~xc malCrials ~xhich must aCCOIII[);III} Ih~5 i)el~on. 4nd dclixcr or Ill;III IO Tr;insporl;It~On Sc~ tees Colhcr C'oulllx Goxcrnmcnt Complex Naples. FL 31962 ti) Ifapplic;mt ~s ;t land trust. ~nd~c;tte lite name of bencl'~c|:~ncs (2) If appl~c;ml ts ;I corpor;n~on olhcr Ihzm ;i public corpor;mon. ~ndtcat¢ Ihe .amc o['officers ;md major stockholders. (3) ifapplic:mt )s p',tnncrslup. Imutcd p;~rlnerslup or other business cntltx. ~nchcatc thc name of principles. (4) L~st all o~hcr ox,,ers N~~ SEP ~ ~ lgg8 ATTACHMENT B PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND ('EXCEPT FOR VACATION OF PLAT AND SIMULTAN-EOUS REPLAT) DatcReceived: ~-/--'?' ?,.~ Petition#:AV- -?~-,..o/7 Petitioner(Owner): Ouail West. Ltd. Address: 6289 t3urnham Road Telephone: (9411 597-6~11. City/State: Naples, FL ZipCode: ~all_q Agent: W. Terry Cole, P.E. Address: Hole Montes & Associates Telephone: (941) 262-4617 City State: Naples. Florida Zip Code: 34102 AddressofSubjecIPropcny: 6350 Burnham Road City/State: ~aples, FL Zip Code: 34119 Location: Seclion: 7 Township: 485 Rnnge: 26E Legal Description: Lot: C-27 Block: C UniI: One Subdivision: Qunil ',Vest Unit One, Replnt Block C Plat Book: 2-1 Page(s): 37-39 Reason for Requesl: Vacation of Drainap. e Easements to reflect As-Built conditions Current Zoning: PUD Does tiffs affect densipj? No I Hereby Authorize Agent Above lo Represent ,"vie for this Petition: Yes:.x No:__ . __-"'-- ._ z./.~.'~-*v ~ ,~ Signature of Petitioner (Owner) Date / / Sandra Hesse as Authorized Agent; Print Name (Tide) Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany tlus pctmon, and dcli,.cr or mail to: Transportation Services Collier County Government Complex Naples. FL 33962 Telephone: (941 ) 7'74-8494 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. O if applicant is partnership, limited partnership or other business entity., indicate the name of principles. (4) List all other owners. '*o SDK of Naples, Inc. RSH of Naples, Inc. SEP 2 g 1998 SLH of Naples, Inc. AT'TACFL~NT B PETITION FORM FOR VACATION OF PLATS OR PQRTIONS OF PLATS OF SUBDIVIDED LAND (EXCEl:q' FOR VACATION OF PLAT AND SINg..rI. TAIqEOUS REPLAT) Date Received: L - 1 '-p - ? ~ Petition #:AV- ~...~ - O/'7' Petitioner(Owner): Quail West, Ltd, Address: 6289 Burnhatn Ro_.Bd Telephone: (q4]) =,q7-R211 City/State: Naples, FL ZipCode: 34119 Agent: W. Tern,' Cole, P.E. Address: Hole Montes & Associates Telephone: (94 I) 2624617 Cit2,.' State: Naples. Florida Zip Code: 34102 Address of Subject Propcn>' 6344 Burnham Road City/State: Naples, FL Zip Code: 34119 Location: Section: '7, Township: 4gS Range: 26E Legal Description: Lot: C-2g Block: C Unit: One Subdivision: Quail \Vest Unit One, Replat Block C Plat Book: 24 Page(s): 37-39 Reason for Request: Vacation of Drainage Easements to reflect As-Built conditions. Current Zoning: P.U.D Does this affect density? No [ Hereby ,Authorize .,',,gent Above to Represent Mc for this Petition: Yes: x No:__ X _ ' 4' ;..-'-.; ' _..>.._--- X Signature of Petitioner (Or, ncr) Dine Sandra Hesse as Authorized Aqent Print Name /Title) Please sec "Policv and Procedure of Vacation and Annulment" for thc list of suppoatvc materials which must accompan)' flus p<:ut~on, and deliver or mail lo: Transportation Sea'ices Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 (I) If applicant is a land trust, indicate the name ofbeneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. Q if applicant is pannership, limited parlnership or other business entity, indicate the natne of principles. (4) List all other owners ~o ~ SDK of Naples, Inc. SLH of Naples, Thc. SEP 2 21998 RSH of Naples, Inc. ATTACHI',flE NTB PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIM'ULTANTOUS REPLAT) Date Received: -'- - ? .~:";.__~ Petition #:AV- '?,~O' ,..0/'7 Petitioncr(O~vner): Ouai[ West. Ltd. Address: 6289 Burnham Road Telephone: (q4l) 59'/..-63!! CiD'/State: Naples, FL ...Zip Code: ':1411q Agent: W. Tern' Cole, P.E. Address: Hole Monies & Associates Telephone: (9.1. 1 ) 262-.1617 CiD' State: Naples. Florida Zip Code: 34102 Address of Subjcct Property: 6338 Burnham Roa0, City/State: Naplest FL Zip Code: 34119 Localion: Section: 7 Township: 48S ~'~nge: 26E Legal Description: Lot: C-29 Block: C Umt: One Subdi;'ision: Quail \Vest Unit One. Rcpla~ Block C Plat Book: 24 Page(s): 37-39 Reason for Request' Vacation of Draina?,e Ensemcnls lo reflect As-Built condiUons. Current Zoning: P.U D. Docs this affect density?No [ Hereby Amhorize Agent Above to Represent Mc for this Petition: Yes: × No:__ Signature of Petitioner (Owner) Date / Sandra Hesse as Authorized Aqent Print Name (Tille) Please see "Policy and Procedure of Vacation and Annulment" for thc lisl of supportive materials which must accompany this petition, and deliver or inail lo: Transportation Services Collier Count.',' Government Complex Naples, FL 33962 Telephone: (941) "174-8494 (1) If applicant is a land trust, indicate the name ofb<:neficinries. (2) If applicant is a corporation other than a public corporauon, indicate the na~ne of officers and major stockholders. Q is limited or other business enULx', indicate the name of if applicant parlncrship, pa.qnership principles. (4) List alt other o~ners. SDK of Naples, Inc. j RSH 0= Naoles Inc I ~-[P SLH of Naples, inc. ATTACHMENT B PETITION FO~M FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT) Date Received: ~ -,'=7' 7.~ Petition #:AV- '~_~% ' 3/7 Petitioncr(Ownor)~ Quail. westt Ltd. Address: 6289 Burnham Road Telephone:(941) 597-6311 Cip,,'/State: Naplest FL ZipCod¢: 34119 Agent: W Tern' Cole, P E. Address: Hole Montes & Associales Telephone: (941 ) 262-4617 City Statc:.Nap cs, Florida Zip Code: 34102 AddressofSubjectPropcrty: 5930 Burnham Road Cib'/Stato: Naples, FL Zip Code' 34119 Location: Section: g .To'a nship: 4gS Range: 26E Legal Description Lot: I4-1 Block: H Unit: One SubdMsion: Quail ~k'CSt Unit One, Roplat Blocks G and H Plat Book: 22 Page(s): 36-3'7 Reason for Request: Vacauon of Drainage Easements to ref'lect As-Built conditions. Current Zoning: P.UD Does tMs affect density'~ No I Herebv .Authorize Agent Above to Represent .".Ic for Ih;s Petition7 Yes' X No S)gnature ofPetiI~oner (O~ncr) Dale / / Sandra Hesse as Author±zed Print Namo (Title) Plca~ ~c "Poli~' and Pr~edurc of Vacation and Annulment" For thc list of sup~nivc materials which must accompany this ~Illlon, and deliver or mai to Trans~nation Son'ices Collicr County Government Complex Naples, FL 33962 Telephone: (94 l) 774-~494 (I) lfapplicant is a land trust, indicate the name of beneficiaries. (2) If'applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (~) if applicant is partnership, limited pannership or other business entity, indicate the name of pnnciples. (4) List all other owners SDK of Naples, Inc. RSH of Naples, Inc. A'I-FAC FL~E NTB PETITION FORUM FOR VACATION OF PLATS OR PORTIONS_ OF PLATS OF SUBDIVIDED LAND (EXCEPT FOR VACATION OF PLAT ANrD fil,x, fULTANq~OUS REPLAT) Date Received: ~ ° / ~ ' '7,"~ Petition #:AV- ,9_.~. ~.,~/ Petitioner (Owner): Q____uail WeSt_z_ Ltd. Address: 6289 Burnham Road Telephone: (94~) 597-6311 City/State: Naples, FL _ZipCode: 34119 Agent: W. Ter~ Cole, P.E. Address: Hole Montes & Associates Telephone: (941) 262-.4617 CiD' Stale:~nples. Florida .Zip Code: 3-~ 102 4484 Wayside Drive Address of Sub.iect Property: __ CiD,/State: NapLes, FL .._Zip Code: 34119 Location' Section: ,q Township: 4gS Range:_26E Legal Description: Lot:_H-2 Block:.H Unit: One Subdivision: Quail ",",'est Unit One, Replal Blocks G and__H Plat Book: 22 Page(s): 36-3"/ Reason for Request: Vacation or' DrninnRe Easements to reflect As-Built conditions. Current Zoning: PUD. Does this affect densiD'? No .. I Hereby Autl orize Agent Above to Represent Me for this Petition: Yes~ x No: ... --: .' , //%/ Signature of Pctitiol~er (Owner) Da~e Sandra Hesse as Authorized Agent Print Name (Title) Please see "Policy and Procedure of Vacation and Annuhnent" for the list o£ supporlive materials which must accompany this pet,ion, and deliver or mail Transportation Services Collier Count.,,' Government Complex Naples, FL 33962 Telephone: (9-I 1) 774-8-194 (1) If applicant is a land tn~st, indicate the name of beneficiaries. (2) Il'applicant is a corporation other than a public corporation, indicate the name of oflScers and major stockholders. (~' i£ applicant is partnership, limited partnership or other business entity, indicate the name of principles. ~~c (4) List all other ox~ncrs. SDK of Naples, Inc. SEP 2 2 1998 RSH of Naples, Inc. SLH of Naples, Inc. COLLIER COU 'TY GO¥ h ENT COMMUNITY DEVELOPMENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES. FLORIDA 34104 April 17. 1998 Mr. W. Terry Cole. P.E. Hole, Montes & Assomates. inc. 715 Tenth Street South P.O. Box 1586 Naples, FL. 33939 RE: Quail ",Vest Special Preser~'e Easements Quail West Unit One Replat: Lots 7.8, 14. 15.22.44 - 47 ' Block E. Lots I. 2.3 Quail West Unit One Replat Block C. Lots 27.28.29 Quail West Replat Blocks G 8,: H. Lots H 1 & 2 Dear Mr. Cole: This office has reviev,'ed the proposed vacations of various Special Preserve Easements ,.vithin Quail West Unit One Replat. Based on the South Florida ",Vater .X, lanagement District :,,Iodification. and the Army Corps of Engineers permit modification, this office has No Objection to the proposed vacations. IfI can be of any further assistance to you in this regard, please let me know. Also see attached Memorandum from Barbara Burgeson. Environmental Specialist II. Sincerely, John R. Houldsworth Senior Engineer cc: Rick Grigg, Transportation Services Building Review & Permitting ,941! 403-2400 Natural Resources )41., ,88-25t55 _ C...2 Code Enforcement ~941' 403-2440 Planning Servtces )41, 40:1-2:100 Housing & Urban Improvement '941~ 40,3-2330 Pollutmn Control ~4[~ -. °-2- '~ PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION TO: John R. Houldsworth, Senior Engineer FROM: Barbara Burgeson, Environmental Specialist II DATE: April 20, 1998 RE: Vacation of Quail West Special Preserve Easements Environmental Staffhas reviewed the information provided and has no objection to vacating portions of the Special Preserve Easements on the following Lots; Quail West Unit One Replat, Lots 7, 8, 14, 15, 22, .44 - 47 / Block E, Lots l, 2.3 Quail West Unit One Replat Block C, Lots 27, 28, 29 Quail West Replat Blocks G & H, Lots H 1 & 2 The applicant has received permit modifications from the U.S. Ax'my Corps of Engineers '(Permit #I99002504([P-AM), and the South Florida Water Management District (Permit .~I 1-00768-S) to remove portions ofthe Special Preserve Easements. The remaining preserve areas ,.,,'ill satisfy, the 25% native vegetation retention requirement pursuant to Section 3.9.5.5.3 of the CCLDC. cc: Kick Grioo==, Transportation Services Reading File *GEl SEP g g 1998 May 15, 1998 Board of County Commissioners Collier County Government Complex Naples, FL 34112 Re: Petition for Vacation of Plats or Portions of Plats of Subdivided Land - Quail West Unit One Lots: 7, 8, 14, 15, 22, 44, 45, 46, 47, C27, C28, C2q, HI & H2 To Whom It May Concern: Quail West Foundation, [nc. has no objection to the Petition which is being filed on behalf of the lot owners of the above referenced lots, for vacation of the Special Preserve Easements relative to those lots. /Sincerel.~; Sandra Hesse as Authorized Agent QUAIL WEST, LTD. SH:Ijc iQuailWest, April 30, 1998 Board of County Commissioners Collier County Government Coral)lex Naples, [:L 3.i112 Re: Petition for ','acation of Plats or Portions of PI:its of Subdivicted I.and - Quail West L'nit One Lot.s: 7. 8, 14. 15. '~ :*q. 45, :i6, __, '' -~,, C27, C28. C29. H1 & H2 To \~i~om it .Xlav Concern: Quail West Foundation, Inc. has no obiection to the Petition ',v}'dch is being filed on behalf of thc lot o~'ners ot' the above referenced lots. for vacation of the Special Preserve Easements relative to those lots. Sincerelv. Presidcn~ QUAIl. WEST FOUNDATION, EN'C. Q,,:,,I w~,~ F,,.~d.,~.,.,-,. i=~. SEP g g 1998 505,.TM !Xtlrnhnm Road N ,ties. FL 341 l'~ Phone '~.: I,"502-119l Fax: 941/592-115 ~Vof O-O/"7 ..... ~-"a~' ~--- ,~ ~ ~.,,~ uo. 000323 ;HOUSAND AND ZOLL:E~ COUNTY ~OARD OF ,,'OCO ~ ~ ~',' ~:O~?Oq ~? ~q': .... ~ NO. 000325 ~aples, F~or,da ~119 d)4h 597-6311 · (q41) THOUSAND AND 90/i00'*' 05/~/98 '''~ ,0OO.00 ,fOLLIES..COUNTY BOARD OF COMMISSIONERS --~.~ NO. 000324 THOUSAND A~;D ':O/tOO''' : 05/18/9B '''1 [,000.00 SEP 2 2 1998 April 24, 1998 'q ~'/ ~' :.8 -.o / '7 Re: Quail West Unit One Replat - Lot 7 (ID 68975005444) George M. Macchia Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot5-JamesH. Marshall - 27261 LakewayCourt. Bonita Springs, FL 34134 2. Lot 6 - E. Richard Grieco, Trustee - P.O. Box 2204. Naples, FL 34106 3. Lot 8 - Quail West, Ltd. - 6289 Burnham Road. Naples, FL 34119 4. Lot 54 - Dr. James E. Stevens - 4488 Brynwood Drive, Naples, FL 34119 5. Lot 55 - Milan & Ruth Pavlisin - 4516 Brynwood Drive, Naples, FL 34119 6. Lot 56 - E. Paul & Virginia Jones - 4532 Brynwood Drive, Naples, FL 34119 7. Tract P-10 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 April 24, 1998 ~ ,,./R~'- O/'7 Re: Quail West Unit One Replat - Lot 8 (ID 68975005460) Quail West. Ltd. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot 6 - E. Richard Grieco, Trustee - P.O. Box 2204, Naples, FL 34106 2. Lot 7 - George M. Macchia - 385 Lavelle Court, Wyckoff, NJ 07481 3. Lot9-Matthew&DomenicaCraig-4485BrynwoodDrive, Naples, FL 34119 4. Lot 10-JohnPopinski-1233PompeiLane, Naples, FL 34103 5. Lot 53 - Robert A. Epstein - 4484 Brynwood Drive, Naples, FL 34119 6. Lot 54 - Dr. James E. Stevens - 4,488 Brynwood Drive, Naples, FL 34119 7. Lot 55-Milan&RuthPavlisin-4516BrynwoodDrive, Naples, FL 34119 '~ 8. Lot 56 - E. Paul & Virginia Jones - 4532 Brynwood Drive, Naples, FL 34119 9. Tract P-10 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 April 24, 1998 Re: Quail West Unit One Replat - Lot 14 (ID 68975005583) James & Carroll Knott Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot 13 - Gemma C. & Mark D. Wilson - 4850 Dockside Drive #102, Ft. Myers, FL 33919 2. Lot 49 - Raymond & Sharon DeVita - 5833 Glenholme Circle, Naples, FL 34119 3. Lot 50 - Michael J. ~ - 4404 Brynwood Drive, Naples, FL 34119 4. Lot 51 -QuaiIWest. Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Tract P-13 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 '6. Tract GC-3 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 SEP 2 g 1998 p~. .2,.? .. ,qt/R~ -o/'/' April 24, 1998 Re: Quail West Unit One Replat - Lot 15 (ID 68975005583) Ronald & Gretchen Zuckerman Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot 16 - Augie & Elssv Fabela ~ 4325 B~'nwood Drive, Naples, FI, 34119 O 2. Lot 43 - Kenneth & Brenda Sc?riegel - 4324 Br?'nwood Drive, Naples, FL 34119 3. Lot 44 - William & Gavle Rogers - 4340 B~'nwood Drive, Naples, FL 34'119 4. Tract P-13 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 5. Tract GC-3 - Quaff West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 April 24. 1998 Re: Quail West Unit One Replat - Lot 22 (ID 68975005745) Quail West, Ltd. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lots 20 & 21 - Quail West, Ltd. - 6289 Burnham Rd., Naples, FL 34119 2. Lot 23 - Shore Development - 10660 W. 143rd St., Orland Park, IL 60462 3. Lot 37 - Gilbert & Loretta Boutin - 4212 Brvnwood Dr-ire, Naples, FL 34119 4. Lot 38 - Earl & Rosemary St. John - 4228 Brvnwood Drive, Naples, FL 34119 5. Lot 39 - Ron & Marion McVean - 4244 Brvnwood Drive, Naples, FL 34119 6. Tract P-10 & GC-3 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 ,~G£~ i SEP 2 2 lSS April 24, 1998 Re: Quail West Urdt One Replat - Lot 44 (ID 689750 William & Gavle Rogers .*butting, adjoining and/or other property owners v,:ithm 250 feet of the proposed vacation of easement: 1. Lot 15 - Ronald & Gretchen Zuckerman - 4341 Brvnwood Drive, Naples, FL 34119 2. Lot 43 - Kenneth & Brenda Schlegel - 4324 Brvnwood Drive, Naples, FL 34119 3. Lot 45 - John & Judith KosS' - 1222 Homestead Creek, Broadview Hts., OH 44147 4. Lot 46 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Tract P-12, P-13 & GC-17 - Quail 'West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 SEP ~ ~ April 24, 1998 Re: Quail West Urdt One Replat - Lot 45 (ID 68975006207) John W. Kostv Trust Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot 43 - Kenneth & Brenda Schlegel - 4324 Brvnwood Drive, Naples, FL 34119 2. Lot 44 - William & Gavle Rogers - 4340 Brvnwood Drive, Naples, FL 34119 3. Lot 46 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 4. Lot 47 - Wi31iam & Margaret Duvall - 5800 Glenholme Circle, Naples, FL 34119 5. Lot 48 - J.D. Kaylor & Associates - 4492 Mercantile Avenue, Naples, FL 34105 6. Lot 49 -Ravmond & Sharon DeVita - 5833 Glenholme Circle, Naples, FL 34119 7. Tract P-12 & GC-17 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 NO. SEP 2 2 199~ P~. ~7 April 24, 1998 Re: Quaff West Unit One Replat - Lot 46(ID 68975006223) Quail West, Ltd. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot 44 - WLlliam & Gavle Rogers - 4340 Br~'nwood Drive, Naples, FL 34119 2. Lot 45 - John W. Kostv Trust - 1222 Homestead Creek, Broadview Hts., OH 44147 3. Lot 47 - William & Xlargaret Duvall - 5800 Glenholme Circle, Naples, FL 34119 4. Lot 48 - J.D. Kavlor & ,Associates - 4492 Mercantile Ave, , Naples, FL 34'105 5. Lot 49 - Raymond & Sharon DeVita - 5833 Glenholme Circle., Naples, FL 34119 6. Tract P-12 & GC-17 - Quaff West Foundation, Inc. - 3950 Burnham Road, Naples, FL 34119 AGE SEP 2 ~ I I Illl -- __ ~ April 30, 1998 A',/~- O,' 7 Re: Quail West Unit One Replat - Lot 47 (ID 68975006249) 'WilLiam & Margaret Duvall Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement- 1. Lot 45 - John W. Kostv Trust - 1222 Homestead Creek, Broadview Hts., OH 44147 2. Lot 46 - Quaff West, Ltd. - 6289 Burrd'~am Road, Naples, FL 34119 3. Lot 48 - J.D. Kavlor & Associates - 4492 Mercantile Ave., Naples, FL 34105 4. Tract P-12 & GC-18 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 2 April 30, 1998 Re: Quaff West Unit One Replat - Lot C27 (ID 68977000243) Quaff West, Ltd. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot C3 - Robert & Mercedes Carradv - 1300 Luchetti St. - ,Apt. 7, Condado, Puerto Rico 00907 2. Lot C4 - Terence & Lmda Blood - 6349 Burnham Road, Naples, FL 34119 3. Lots C26, C28 & C29 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 4. Lot C26 (1s~ .Addition) - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Lot C27 (1:t Addition) - JRB Development Group - 4061 Bonita Beach Rd., Suite 203, Bonita Springs, FL 34134 6. Tract P-10 - Quaff West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 SEP 2 2 1998 P~. April 30, 1998 ,..iv ,e.~-~'7 Re' Quail West Unit One Replat - Lot C28 (ID 68977000269) Quail West, Ltd. Abutting, adjoining and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lots C1 & C2 - D.F.B. Development, Inc. - 6304 Burnham Road, Naples, Fl. 34119 2. Lot C3 - Robert & .Mercedes Carradv - 1300 Luchetti St. - Apt. 7, Condado, Puerto Rico 00907 3. Lot C4 - Terence & Linda Blood - 6349 Burnham Road, Naples, FL 34119 4. Lots C26, C27 & C29 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Tract P-10 - Quaff West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 S£P g g 1998 ,z ,,,: ~,¢-~ "7 ,April 30, 1998 Re: Quaff West Un.it One Replat - Lot C29 (ID 68977000285) Quaff West, Ltd. Abutting, adjoimng and/or other property owners within 250 feet of the proposed vacation of easement' 1. Lots C1 & C2 - D.F.B. Development, Inc. - 6340 Burnham Road, .Naples, FL 34119 2. Lot C3 - Robert & .'xlercedes Carradv - 1300 Luchetti St. - .Apt. 7 - Condado, Puerto Palco 00907 3. Lot C27 - JRB Development Group - 4061 Bonita Beach Rd., Suite 203, Bonita Springs, FL 34134 4. Lot C28 - Quaff 'West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Lot C30 - C.J. & Linda Funk - 4581 Brvnwood Drive, Naples, FL 34119 6. Tract P-10 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 SEP 2 2 1998 ,April 30, 1998 Re: Quail West Urdt One Replat - Lot H1 (ID 68985000646) Quail West, Ltd. Abutth'~g, adjoflm'~g and/or other property owners v,'ithin 250 feet of the proposed vacation of easement: 1. Lot G1 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FI. 34119 2. Lot G2 - Daniel & Helen Gemer - 1024 Riverton Road, .Xloorestown, NJ 08057 3. Lot G3 - 24K Construction, Inc. - 15740 Kilmamock Drive, Ft. Myers, FL 33912 4. Lots H2 & H3 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Lots J5 & J6 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 6. Lot J7 - WLUiam & Diane Kelso - 5927 Burnham Road, Naples, FL 34119 7. Tract P-8 - Quaff West Foundation, inc. - 5950 Burnham Road, Naples, FL 34119 SEP 2 2 199 April 30, 1998 Re: Quail West Un_it One Replat - Lot H2 (ID 68985000662) Quail West, Ltd. Abutting, adjoizdng and/or other property owners within 250 feet of the proposed vacation of easement: 1. Lot G1 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 2. Lot G2 - Daniel & Helen Gemer - 1024 Riverton Road, .',.Ioorestown, NJ 08057 3. Lot G3 - 24K Construction, Inc. - 15740 Kilmarnock Drive, Ft. Nh'ers, FI_, 33912 4. Lot H3 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 5. Lot J6 - Quaff West, Ltd. - 6289 Burnham Road, Naples, FL 34119 6. Lot J7 -'WilLiam & Diane Kelso - 5927 Burnham Road, Naples, FL 34119 7. Tract P-8 - Quail West Foundation, Inc. - 5950 Burnham Road, Naples, FL 34119 TRW. REDI 1-800-345-7334 ~V Board of Con~n~issioncrs Collier Govcmmen~ Complex Naples. FL .%i!2 ?clilion QUAIl. X~q~ST. LTD. SH:lic Administration ..\Wfl 1. l ;~,)>4 ~,~' Sui,ciivid~.d I.:~nd - Quail \Tc~l l'nll 'l'u xS'}~cm', It.,i.ix'" · Concern / \Xh[h:m~ Duv:~ll - I c~l~ioncr S~O/, (.;icn}lolmc Circle .X';~plcx. FI. ~'~.~119 of ,';ut~divick-d l.anci - Quail \X'cs~ t'ni; ()nt- - I,ol ,t'~ .lohn Kostv Pciitioncr 122'2 }-ton~cstcact Creek Broudvicw }~ts.. 01I ,:~.ti.~- s£ P 2 2 1998 May 4. 1998 Board of Commissioners Collier County Government Complex Naples. FL 34112 Re: Petition for Vacation of Plats or Portions of Plats of Subdivided Land - Quail West Unit One - Lot 44 To Whom It May Concern: Please use this letter to authorize W. Terry Cole of Hole of Montes and Associates to represent us at the meeting of the Board of County Commissioners hearing the above petition. Sincerely. ~ Rogers- PetitToner 4340 Brynwood Drive Naples. FL 34119 SEP £ 2 1998 April 1. ]998 ~l~/q t~ -~t'7 Board of Conmfissiom:rs C©llicr Counlv Govcmmcnl Comp]ex X'aplcs. Fi. 34 t ] 2 Re: }~ctilicm for Va,::ili(m (>f Plals c~r Porlions c:.f Plats o~ 5u}',clividcci I.and - Quail \Vcsl t'nir One- Lot To \'( 'l :.') n '~ II .Xlav Concern: rcprc~cn~ us :~ tt~c mcc-litlg of l}w Board of (:ounw Commissioners },caring t}~c ai,,xt. pe~ilion SEP 2 2 1998 April 1. l~)gS Colli~:r Counw C, ov~mmCn~ Corn?lex Naples. FL .% 112 Petition for \'acalion of of Subdivided Land - Quail l'lt'a~: us~: Ih:< Ic':~.-r I,, aulhorizc \X'. ]'em' Coh- of Hole of .',lontc-s arid .x. ss~)ciatt-s rcprcst-nl us a: i!~c m~.-c'ting of thc Board ~f Coumv Commissiont:rs }~canng thc ab<,,.',.: pt:~i:ion. SEP 2 2 1998 Board of Comn~issioners Cmllit'r Gox'crnmcnt Complex Naples. FL }-~112 of Su)~ctix'icicd I.:lnct - C,)uail \X'cs~ l'n~: ,-)n~- - t.ot - 'I'<, \X'hon: II :Xl:lx' (:onccrn: Please usc :}:i~ loller lo au;honzc Xx'. Tern' (:olc of Hole of ~lo::lc~ and ..~ss:Jcialcs 1~ rcprcscn~ us :~ I}~c meeting of ~hc t~oard of (:oun~v Commissioners hearing l}~c a~,~x't' peri;ion. .";inccrciv. ,~' 'z,'; ."'/ / ., C,t'or~¢: .XI..Xlucchia - Petitioner .~8-~ I.ax'elle: Court \'('vckoff.."(I Or-iS ] SEP 2 g 1998 RESOLL'TION NO. 98- RESOLLTION FOR PETITION AV 9g-017 TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS iN LOTS 7.8.1-1. 5.22.4.1..15 4A AND 47. ACCORDiNG TO Tl~ PLAT OF "QUAIL \VEST L.~FF ONE. REPLAT". AS RECORDED iN PLAT BOOK 21. PAGE ~4. AND TO VACATE PORTION'S OF SPECIAL PRESERVE EASEMENTS IN LOTS 27.2S AND 29. ACCORDING TO TH~ PLAT OF "QUAIL WEST L~FT ONE. REPEAT BLOCK C". AS RECORDED IN' PLAT 9 BOOK 2.1. PAGE 37. AND TO VACATE PORTIONS OF SPECIAL PRESERVE EASEMENTS IN LOTS I AND 2. BLOCK H. ACCORDI\'G TO THE PLAT OF 11 "QUAIL WEST L,~IT ONE. REPEAT BLOCKS O AND H". AS ILECOKDED IN ]2 PLAT BOOK 22. PAGE 36. ALL iN THE PL'BLIC RECORDS OF COLLIER COL%'TY. FLORIDA. AND BEiNG LOCATED iN SECTIONS 7 AND 8. TO~ .~SHIP 48 SOLWFL RANGE 26 EAST 1.~ WHEREAS, pursuant to scctson 177 101. Flon~ Statutes. Tens Cole. P E. of Hole- Montes 16 A$$oclat~s. Inc. as agent for thc petmoners, does hereb% requc~ the vacauon of pomons o£ I: preserve easements tn Lots 7.8.14.15.22.a4.45.46 and 47. accorch~g to the plat of"Qu~ul Wesx Umt One, 1.~ R~lat". as recorded m Plat Book 21. Page 84. and to x acate pomorts of spccm. I preser-,.e easements tn Lots 19 27.28 azd 29. according to the plat of "Quml West Urut One. Replat Block C". as recorded m Pla~ Book :c, 2a. P~e 37. and to vacate pomons of speoM preserve easements tn Lots I and 2. Block H. according to 21 the plat of"Quaal Wes~ Umt One. Replat Blocks G and H". as recorded tn Plat Book 22. Page 36. all m the 22 Pubhc Recor0.s of Colher CounD. Florida. and :a WHEREAS. the Board has th~s dax held a pubhc hearing ~o consider ~ac. atmg sa~d easements as 2-~ more full.~ described belo~, and nouce of said pubhc heanne to ~acate ~s esxen as reqmred by lax~. and 26 -" WHEREAS. the granting of thc xacatson ~II not adxerseix affect thc ownership or right of 2g conxemcm acccss of other proper~ owners 30 NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF CO[.rNTY 31 COMMISSIONERS OF COLLIER COUN'T~'. FLORIDA. that thc £olIox~m~' bc and as hcrcbx vacated See E~blt "A" attached hereto and mcorpora,,ed hereto BE IT FURTHER RESOLV'ED. dxat the Clerk as hereby, &reefed to record a cert,fied cop>' of ti'us Resoluuon m the Public Records of Colhcr Count?.. Fioncka. and to ma.kc proper notation of t~us xacauon on the recorded plats as referen-~x:[ abo~c ::v TNs resolution adopted after mouon, sccond and ma)on:>, xotc fasormg sa. mc ar, DATED al .ATTEST BOARD OF COL,'NTY COMMISSIONERS aZ DWIGHT E BROCK. Clerk COLLIER COL,'NTY. FLORIDA · $4 B>' -~5 Approved as to form and B,xrba. Fa B Bert?:'. Cha~rrr~ a6 legal 49 He,dj F A. shton 50 Ass~s-'m.nt Count). At"torne> S E P g 2 1998 ,.'{l I" ' ....... ~ /~ ~ I, ~x~~ ~ ~'i~ ~ '"" ' D~ I~ ~ ' z..~ :,l~"/~ ' ~: ~ '~ ~ ' ;~' - I ;I )°8 _ , ~ iii ii I I I IIII III I III .... III ~'11 I II II II EXECUTIVE SUMMARY PETITION AV 9g-006 TO VACATE A PORTION OF THE PLATTED 10' WIDE UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 17 AND TO VACATE A PORTION OF THE PLATTED 10' WIDE UTILITY EASEMENT ALONG THE SOUTH LINE OF LOT 18, ACCORDING TO THE PLAT OF "HAWKSRIDGE UNIT TWO", AS RECORDED IN PLAT BOOK 24, PAGES 77 THROUGH 81, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate thc above-described easements.. CONSIDERATIONS: Petition AV 98-006 has been received by the Transportation Department from Kathleen C. Passidomo, Esq., as agent for the petitioner, Anthony A. and Gloria F. Filer, requesting the vacation of the above-described easements to accommodate the construction of a residential building located on Lots 17 and 18. Letters of no objection have been received from all pertinent agencies. The Transportation Department has revie~ved the Petition and has no objection. Zoning is P.U.D.. FISCAL IMPACT: Collier County has collected a $1,000 "Petition to Vacate" fee from the petitioner, which will be deposited in Road and Bridge Fund (101-163610). This fee covers advertising, recording and other processing costs. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AV 98-006 for the vacation of the above-described easements; 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY:__,~_~ma,~ ~___~s~__t,e~,~, DATE: ;,,-~ -~ ~ck Gfi~, ~d Su~eyor Engining Re~ Se~ices ~om~ E. Kuck, P.E., Engulfing Review M~ager R~e~ ~u~ere, MCP Pl~~s Depa~ent ~ector V~nt A. Cautero, ~CP, A~i~strator Co~uniW Development & Enhromen~ Se~s SEP 2 2 1998 .pETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS O~. SUBDIVIDED LAND [EXCEPT FOR VACATION OF PLAT AND SIMULTANEOUS REPLAT] Date Received: ~-Z~--c/~ Petition #:AV- Peti~ioner(Owner):AnthonY A. Filer and Gloria F, Address: 22 Roo!c~od Park Telephone:__ City/State: Hors~7,,.:~.~. Sussex, ~;Q~.L~ Zip Code: Agen=:Kathleen C. Passidomo KellY. Price. Passidomo & Address:2_640 Golde~ Gate P~rkwpy, Suite 3~5 Telephone:261-3453 City/State:Naples. Florida __Zip Code:34105 _ Address of Subject Property: Swainsons Run City/State:N~p%es, Florida Zip Code:3%105 Location: Section___LTownship 4~S Range 25E Legal Description: LO~S 17 and 18 Block__Unit. TwQ Subdivision: Hawksrid=e Plat Book 2~ Page(s) 77-81 Reason for Reques~:Yacate two 10' Utility Easements betwee~ ~nd 18 in order that a single family residence may be constructed on the two io~$. Current Zoning: PUD Does this affect density?., yes, to decrease ~ame hereby au/p~orize Agent above ~o represent me for this Petition: / ~/"' Yes. X No ~ignature'J~P~ti ~ n/~ %/97 tioner (Owner) Da66' ' Anthon~ A, Filer Prin~ Name ~..,~.L~ 10/16/97 Signature o~ Petitioner (Owner) Date Gloria F. Filer Print Na~ne SEP 2 2 1998 RE-ORDER ~800~ 4(6.0336 ~,~k'~ SUNBELT BOARD OF COUNTY COMMISSIONERS · COLLIER COUNTY NAPLES, FLORIDA 33962 ADDRESS 2640 Golden Gate P~w~ITY Naples, FL OATE 3/3/ ~978 112~ DESCRIPTION Petition //AV 98-006 ~NVO~CE NO Fu~o 605: CENTER O~,e5 PROJECT CA ~ CE ~ AMOUNT 101 165610 329100 ,00000 1,000.00 SEP e~ Terri ~ ~) Nu=z~. 00264760005 O~ I1 TIN: Grime F2 TL~: ~ Warr ty Deed : Peninsula Improvement Co~oracion, a Florida co~oracion, o~, Co~ o~ Collier , s~t Florida , ~tor, ~thony A. Filer and Gloria F. Filer, Husb~d and Wife ~ ~ Estate By The Entirety, , '~"~u:4 Broad Oak Close Brenchley K~nt, Engl~d ~127NG %Vi~e~ ~,m~G~ . ~.t England , ~te- ....... . -%%% .......... ~ 17, ~RI~E, ~IT ~O, in accordance wl~h and s~Jecc Co the Plat recorded in Plat Book 24, Pages 77 through 81, inclusive, P~lic Records of Collier 'County, Florida. Subjec; ~o restrictions, rese~ations and easements of record, if any, and :axes subseTuent ~o 19~4. 18, ~~E, bY!T ~, Ln accorda~e ~h and ~Ject ~ P]ac recorded Ln ?:a: Bo~ 24, 2~es 77 c~o~ 81 ~c]usive, Lc Records of ~]]ier ~m~, Florida. ' ' Signed, s~led and ddlvered In our pr~ence: Peninsula Improvement Co~ora~ion, a Florida P~inted Name:~ Ro , Jr., Presid=n~ Printed N~me ~ KlM ~. DAVIDSO~ Witness ~ _ STA~ OF Florida CO~ OF Collier (Co.orate Seal) Roy E. Cawley, Jr., Presiden% of Peninsula Improvemeng Co~ora~ion, a AG~N~ ~U Florida co~oration SEP 1998 O. Xltl? , s~. ~ 3~4n? } O~~YS~ I ~rInc~d Name: LYNN D~ ~IRP PEN- FILER- 17 ~'- l' DO .NOT DETACH. ' < f, '~ ~ '~'"~ ~-:'~/-¢~ ......¢~__ ~_ ~ ~ S EP22 1998 UTILITIES DEPARTMENT November 4, 1997 Ms. Kathleen C. Passidomo VIA CERTIFIED MAIL KELLY, PRICE, PASSIDOMO & SlKET 2640 Golden Gate Parkway Suite 315 Naples, Florida 34105-3203 RE: Vacation of Utility Easement on Plat of Subdivided Land Lots 17 and 18, Hawksridge Unit 2/Anthony A. Filer and Gloria F. Filer Dear Ms. Passidomo: I am in receipt of your letter dated October 17, 1997 regarding the above parcel of land. Pursuant to your request, I have reviewed the easement vacation materials you have provided. My findings are as follows: There is no obiection to vacating the 20' easement between Lots 17 & 18. That is the area outlined in orange on the attached sheet. There is a utility conflict involving the northeast property line of Lot 18. The City has an 8" water line running through the !0' easement located on Lot 18. The line loops back into the 8" line that is on Hawksridge Drive. I have enclosed a drawing for your review, the area is highlighted in yellow. I cannot grant authorization to vacate the easement at the no4,rthwest property of Lot 18 at this time. ~ ,,~ ¢ ~---.,z ,;o--. P, If you need further clarification, please do not hesitate to contact me at my office. My number is 941-434-4745. Sincerely, Dan Mercer{ Utilities Director DM/bbc SE? g g 19! Enclosures cc: Richard Gatti, Development Services Director 275 THIRTEENTH STREET NORTH . NAPLES, FLORIDA 33940 TEL (94',434 4745 FAX (941)262.5640 SEP ~1998 265 Airport Road SOL ProperO, Manage.tent Naples, FL 34104-35 (941)643-3353 FAX (941) 643- ' M E M O R A N D U M TO: Anthony A. & Gloria Filer FROM: Cleve Cradic, Association Manager RE: Easement between Lots 17 & 18 at Hawksridge DATE: May 4. 1998 The Board of Directors of Hawksridge Property Owners Association has no objection to the easement between Lots 17 and 18 being vacated. AGEN MediaOne' This is Broadband. This is the way. 301 Tower Road Naples, FL 34113 Telephone: 941-732~3815 FAX: 941-992-1289 November 4, 1997 Kathleen C. Passidomo Kelly, Price, Passidomo & Siket Grey Oaks Building, Suite 315 2640 Golden Gate Parkway Naples, FL 34105-3203 Re: Vacation of Utility Easement, Lots 17 and 18, Hawksridge Unit 2, Section 23, Township 49 South, Range 25 East, According to the Plat Book 24, Page 77 through 81, Inclusive of the Public Records of Collier County, FL Dear Ms. Passidomo: MediaOne® has no objection with the proposed vacation of the above referenced utility easement. Sincerely, Step . Construction Manager SWH/jd r SEP 2 2 199: Kathleer. C. Passidome Grey O~_ks m,:i!dinq, £':ite 264~J Golden Gate Parkway Naples, EL 34!~t-2222 Petition to Vacate Easement - Plat of S~divided Land SEC 23, ~P 49S, ~G 25E, Collier County 2~r:n~-~'~,~' 2a, inc. has no oo]ect:or, · .'a:-~ze zhe ease~er.: hez'.,'ee:-. SinTer= ., i[ez'..:~rk EF. zlr;eer i - NO. ~ SE~ ~ ~ 1~)98 Flor,da Power & Light Company.4105 15th Avenue S W. Naples. FL 33999 October 22, 1997 I-ix/ ~-~ Ms. Kathleen Passidomo Kelly,P~ice,Passicomo & Siket 2640 Golden Gate Parkway Suite 3115 Naples Fi. 34105 RE: Vacation of Utility Easement - Hawksridge lots 17 & 18 Unit Two De~r Ms. Pa~sidomc: Florida Power & Light Company has no objection to the vacation of the platted utility easements between lots 17 & 18 of Hawksridge Unit 2, %he Plat of which is recorded in Pla~ Book 24, Pages 77 through 81, inclusive, of the Public Records of Collier County, Florida, Section 23, Township 49 South, Range 25 East. If you have any questions, please con~act me at (941)353-6040. Sincerely, "' G. ~. GratZon Construction Services gjg:lp AG E NO'~.I T F.. kt SEP 2 2 1998 an FPL Group company Febma~'lS. 1998 Ms. Kathleen C. Passidomo. Esq. Kelly, Price. Passidomo & Siket 2640 Golden Gate Parkway. Suite 315 Naples. FL. 34105-3203 RE: 'v'acutio~ o£ Utilit', ....... .. t:.~::,klll~.lh, bev,',ccr, ' " ,, . ,,orlubc, Unit =o,,, 17 .e. I§. L~a'v"- "~-- Tv.'o Dear Kathleen: We have reviewed the proposed vacation of the platted 20 foot utility easement between Lots 17 & 18, Hawksridge Unit Tv.'o. There are no Collier Count)' facilities constructed ~,,.'ithin the easement area. therefore this office has "no objection" to the proposed vacation. Ill can be of any further assistance to you in this regard, please let me knox,.'. Sincerelv. Jotul R. Houldsworth Senior Engineer cc: R/ck Grigg. Transportation Services Buiklin~ Review & Permitting i,9.11 ~ .103-2.10t1 Natural lt,...-.urcc, s ~94 Code Enf~rcem,..nt 15)41 ~ 40:1-24.t{'I Planning Services ~9.11 ~ .101-220{} Housin~ & Urban Improvement 1941~ 403-2:~,20 P(dh~tim~ Contr,l 1941~ 732-2502 SEP 2 2 1998 COILIER COUNTY GOVERNMENT PUBLIC \X'ORKS DIVISION ~3()1 E. TAMIAMI 'I'IL,\II. February 18, 1998 NAPLES, FL '~ql12 Ms. Kathleen C. Passidomo, Esq. FAX (941) 732-252() Kelly, Price, Passidomo & Siket .,,, £RTIFIED BLU,t ~' HIP'' ,MM1'NiT': 2640 Golden Gate Parkway, Suite 315 Naples, FL 34105-3203 Re: Vacation of Utilitv Easement - Lots 17 and 1 g. Hawksridge. Unit 2 Dear Ms. Passidomo: This office has reviewed ,,'our request to vacate the above-referenced utitity easement. The Collier County \Vater-Sev,'er District has no facilities in the area and we. therefore, have no objection to the vacation of the utility easement. Should you have an',' further questions, please !'eel free to contact me. Sincerely. Cindy M. Erb Public Works Senior Engineering Technician cc: Edv,'ard N. Fi::::, Public V;or.'.:s Ope,'?;o.n~ Direc:or Russ Muller. Transportation Services AGE~DAIIE~ N ~ /7(/5.1 SEP 1998 SCHT. DULE OR PROPERTY OV,%"ERS WITHIN' 250' OF .PROPOSED VACATION OF PORTION OF PLAT RE: PETITION'ER (and OWN'ER): Anthony A. Filer and Gloria F. Filer AGEN'T: Kathleen C. Passidomo, Esquire LEGAL DESCRII~ION: Lots 17 and 18, Hawk's Ridge Unit 2. Plat Book 24, Pages 77 through 81 Section 23, Township 49 South, Range 25 East Name and Address Legal Description 1. Edward S. Phillips and Lot 14, Hawksridge Unit 2, L// Peggy M. Phillips according to the Plat thereof recorded in 2038 Swainson's Run Plat Book 24, Page 77, of the Public Naples, Florida 34105 Records of COllier County, Florida · 2. Jano P. Janoyan and Lot 15, Hawksridge Unit 2, Tracy Lvnn Janoyan according to the Plat thereof recorded in 2082 Arbour Walk Circle, //3124 Plat Book 24, Page 77 of the Public Naples, Florida 34109 Records of Collier County, Florida 3. Kenneth M. Israel Lot 16, Hawksridge Unit 2, - 2030 Swainson's Run according to the Plat thereof recorded in Naples, Florida 34105 Plat Book 24, Page 77 of the Public Records of Collier County, Florida 4. Robert T. Pearson Lot 19, Hawksridge Unit 2, 1200 Misty Pines Circle, #203 according to the Plat thereof recorded in Naples, Florida 34105 Plat Book 24, Page 77 of the Public Records of Collier County, Florida 5. Jonathan R. Myers and Lot 20, Hawksridge Unit 2, Melissa A. Myers according to the Plat thereof recorded in 2274 Hawksridge Drive Plat Book 24, Page 77 of the Public Naples, Florida 34105 Records of Collier County, Florida ~GEND~ SEP 2 2 1998 v/,/ 6. Robert G. Staehle and Lot 21, Hawksridge Unit 2, Barbara T. Staeh.le according to the Plat thereof recorded in 2035 Swainson's Run Plat Book 24, Page 77 of the Public Naples, Florida 34105 Records of Collier County, Florida 7. Adam Baz~gette and Lot 22, Hawksridge Unit 2, Deborah L. Ba.zalgette according to the Plat thereof recorded in 2039 Swainson's Run Plat Book 24, Page 77 of the Public Naples, Florida 34105 Records of Collier County, Florida 8. Robert C. Butte rwonh, Jr. and Lot 31, Hawksridge Unit 2, Darien Fink Butterworth according to the Plat thereof recorded in 1713 York Island Drive Plat Book 24, Page 77 of the Public Naples, Florida 34112 Records of Collier County, Florida 9. Bud Seslar and Lot 32, Hawksridge Unit 2, x(., Derice Seslar according to the Plat thereof recorded in 2280 Hawksridge Loop Plat Book 24, Page 77 of the Public Naples, Florida 34105 Records of Collier County, Florida 10. Ronald E. Lundin Lot 33, Hawksridge Unit 2, 2164 Harlans Run according to the Plat thereof recorded in Naples, Florida 34105 Plat Book 24, Page 77 of the Public Records of Collier County, Florida 1. Vlado J. Kozul and Lot 34, Hawksridge Unit 2, Nada Kozul according to the Plat thereof recorded in ~ 41 Peston Place Plat Book 24, Page 77 of the Public Grosse Point Farms, Michigan 48236 Records of Collier County, Florida 12. Steven C. Hettinger Lot 94, Hawksridge Unit 2, t,,,/ 2060 Aberdeen Lane, #103 according to the Plat thereof recorded in Naples, Florida 34109 Plat Book 24, Page 77 of the Public Records of Collier County, Florida 2 SEP 2 2 1998 13. Peninsula Improvement Corporation Roadway and Common Area Tracts, 2640 Golden Gate Parkway Hawksridge, Unit 2, according to the Plat Naples, Florida 34105 thereof recorded in Plat Book 24, Page 77, of the Public Records of Collier County. Florida 14. Hawksridge Property Owners Roadway Tracts and Association Common Areas Tracts, Hawksridge, Unit v/, 2640 Golden Gate Parkway 2, according to the Plat thereof, recorded Naples, Florida 34105 in Plat Book 24, Page 77, of the Public Records of Collier County, Florida (holds interest by virtue of plat dedication) 15. Hawksridge Multi-Family L.P. Tract B, Hawksridge Unit 2, according to v// 8205 Lima Rd. the plat thereof recorded in Plat Book 24, Ft. Wayne, Indiana 46818 Page 77 of the Public Records of Collier County, Florida 16. Joseph R. Locker, Jr. The North 305 feet of the East one-half 3111 Bailey Lane (1/2) of the Northeast quarter (1/4) of Naples, Florida 34105 Section 23, Township 49 South, Range 25 East, Collier County, Florida 17. Elite Communities, Inc. The North 305 feet of the Northwest 5995 Tenth Avenue S.W. quarter (1/4) of the Northeast quarter(l/4) Naples, Florida 34116 of Section 23, Township 49 South, Range 25 East, Collier County, Florida AGENDA 3 SEP 2 2 1998 ~ATCH LINE . ~ ~ SEE SHEET 5 OF 5 / ~ g~ '~ : i ~ SEP g 1998 ~"'1998 1 RESOLUTION NO. 98- .3 RESOLUTION FOR PETITION AX,' 98.-006 TO VACATE A PORTION OF THE PLATTED 4 10' %TDE UTII. ITY EASEMENT ALONG THE NORTH LINE OF LOT 17 AND TO 5 VACATE A PORTION OF THE PLATTED 10' WIDE UTILITY EASEMENT ALONG THE 6 SOUTH LINE OF LOT 18. ACCORDIING TO TIlE PLAT OF "HAWKSRIDGE UNIT 'D, VO". 7 AS RECORDED IN PLAT BOOK 24. PAGES 77 TI-[ROUGH 81. PUBLIC RECORDS OF 8 COLLIER COUNTY, FLORIDA. 9 I0 WHEREAS. pursuant to Section 177.101. Florida Statutes. Kathleen C. Passidomo. Esq., as agent for the 11 petitioner, Anthony A. and Gloria F. Filer. does hereby request the vacation of a pomon of the platted 10' wide utility 12 easement along the north liae of Lot 17 and to vacate a portion of the plaued 10' wide utility easemeat aloag tl~ soulh 13 line of Lot 18, according to the plat of "Hawksridge Unit Two", as recorded in Plat Book 24, Pages 77 tlm:nagh 81, Public 14 Records of Collier County, Florida; and 15 WHEREAS. the Board has this day held a public heanng to consider vacating said pomons of the 10' wide ! 6 Utility. Easements as more fully described below, and notice of said public hearing to vacate was g~','en as required by law', 17 and 18 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of 19 other property owners. 20 NOW, THEREFORE, BE IT RESOLVED BY TIdE BOARD OF COUNTY COMMISSIONERS OF COLLIER 21 COUNTY. FLORIDA. that the following be and is hereby vacated: 22 See Exttibit "A" attached hereto and incorporated herein. 23 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby direc'~ed to record a certified copy of this 24 Resolution in the Public Records of Collier County, Horida, and to make proper notation of this vacation on the recorded 25 plat as referenced above. 26 This Resolution adopted after motion, second and maJority vote favoring same. 27 DATED: 28 ATTEST: BOARD OF COUNTY COMMISSIO~ 29 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 30 31 BY: 32 33 BARBARA B. BERRY, Chairman 34 Approved as to form and legal 3635 s .uff'y:iencw: ./~. ,' 37 _t~ '..t.^ '1, '--.------- 38 Heich F. Ashton ,~o.a~u 39 Assistant County. Attorney - SEP 2 g 1998 o21 EXECUTIVE SUMMARY UPDATE APPROVAL FOR ORDINANCE NO, 92-72, THE COLLIER COUNTY FIRE PREVENTION CODE OBJECTIVE: Update the Collier County Fire Prevention Code (Existing Ordinance No. 92-72) to conformance with the latest published editions and standards of the National Fire Protection Association (NFPA) and those local amendments as required. CONSIDERATION: The Independent Fire Districts of Collier County, in mutual cooperation with Collier County Government and through Intedocal Agreement instruments have covenanted to uniformly enforce a single, countywide Fire Prevention Code. This cooperation, together with the jointly operated Office of the Fire Code Official established by Intedocal Agreement in January 1997, has enhanced the consistency of the administration of fire and life safety regulations in all of Collier County. Collier County Ordinance No. 92-72, executed 13 October, 1992 is due for updating so as to reflect the most current editions and standards published by the National Fire Protection Association. The proposed ordinance before you began in a joint committee of private sector concerns and the Collier County Fire Marshals association. The approach and procedure was to follow the structure of the existing fire code ordinance language and to update referenced code edition dates. Also, existing and proposed local amendments were evaluated for merit and form and new amendments were added for legal form and sufficiency to harmonize the instrument with other Collier County ordinances. The resulting draft ordinance was then presented to the Development Services Advisory Committee, The Collier Building Industry Association, the local chapter of the Amedcan Institute of Archit~s. ts, and the Office of the County Attomey for critique and evaluation. After numerous workshops and meetings, revisions and amendments to the draft ordinance were performed in response to the feedback of the various interest groups and a refined, consensus document was presented to the Development Services Advisory Committee for affirmation. This affirmation has been received. The attached "Fire Code Ordinance Update Summary" itemizes the significant actions of the proposed ordinance. FISCAL IMPACT: There is no fiscal impact to Collier County Government. Fiscal impact of the proposed ordinance is negligible on the general populace of Collier County. Some of the revised editions and amendments actually lessen the financial impact of fire and life safety compliance. There are some specific area,, where moderate impact is anticipated. They include Item #7 on the referenc~d 'Fire Code Ordinance Update Summary". This requires permit submittals Orn~rt/~"D^~ SEP 2 2 1998 P.g_ / structures and additions over 1000 sq. ft. to include a "Fire Protection Plan" sheet, which additional sheet will have to be crafted and materials and labor covered. Item #13 provides for the establishment of a uniform, countywide emergency vehicle access system for gated communities. Those communities with access control gates that are not attended 24 hours a day will have to retrofit a small, inexpensive receiver on their control mechanism. Adequate time is afforded in the ordinance for compliance. Item #21 references NFPA l's (National Fire Prevention Code) new provision for the retrofitting of high dse structures with automatic fire sprinklers. A twelve year compliance window is afforded. This is a national effort within the code-making body as historical fire events have compelled a more aggressive approach to fire control in high dse buildings. RECOMMENDATION_: Adopt the proposed ordinance as the new Collier County Fire Prevention and Protection Code, providing a sixty day delay for the effective date. By:~.~ Official -I J Submitted ' Date: Reviewed By: Date: ~'- r-c] ~enco,~L)irector ,~uild,/~ Review and/~tting Dept. incertt'A. Cautero, AICP, Administrator Community Development and Environmental Services Division AGENDA ITEM SEP 2 g 1998 OFFICE OF THE FIRE CODE OFFICIAL Collier Count ' Fire Control & Rescue Districts !800 North Horseshoe Drive pies, Florida 34104 .FIRE CODE ORDINANCE UPDATE SUMMARY 1, Updated code editions to the most current published as of the 1997 Fall NFPA Meeting. 2. Added NFPA standards created since last ordinance (1992). 3. Deleted NFPA standards eliminated by NFPA since last ordinance. 4. NFPA 1, Fire Prevention Code, is the foundation document upon which all the other standards rest. It has had a comprehensive rewrite since the 1987 edition. 5. Amended NFPA l's language concerning Board of Appeal and Violations and Penalties as these are superseded by other Collier County ordinances. 6. Added a requirement for new tenants and/or occupancies to obtain a "Notice of Fire Compliance" prior to occupancy of an existing building. This ties in directly to the Occupational Licensing procedures of the county. 7. Added a requirement for a "Fire Protection Plan" sheet in new buildings (other than small ancillary structures like guardhouses and restrooms and one and two family) and square footage additions to existing structures in excess of 1000 sq. ft.. This plan, like an electrical plan or foundation plan, will bring together most items pertinent to the fire code and fire suppression pre-planning, expediting the code review process. 8. There are no fee changes proposed at this time. 9. Provided an exemption for small recreational fires from the burn permitth,g process. 10. Added use restrictions on gas and charcoal fired grills in multi-family structu~cs. 11. Clarified fire lane widths (12 feet minimum per Uniform Traffic Code of Collier County), height clearances and turnaround parameters. 12. Clarified the marking requirements for fire lanes. 13. Added a requirement for wireless electronic access to gated communities for all emergency vehicles. 14. Added a requirement for certain structures to have addresses posted at the rear. 15. Added a requirement for clothes dryers in structures other than one and two family to be vented on the floor of origin or as otherwise may be approved by the ahj. 16. Added a requirement for certain public assemblages and events to develop an emergency services plan prior to the occasion and authorizing ahjs to assess reasonable fees for compensation of on-site services. 17. Eliminated the requirement for fire standpipes in 3 story residential buildings. 18. Clarified certain pressure and location issues for standpipe systems. 19. Declared the needed fire flow standard to be used in Collier County (ISO). 20. Added a requirement for all proposed site developments within 1000 ft. from existing water mains to extend such mains to the site. 21. NFPA 1 has added a requirement for all existing high rise structures to be retrofitted with a fully automatic fire sprinkler system within 12 years of adoption. 22. Clarified the allowed exceptions for fire sprinkler systems. 23. Specified a 5 psi safety factor requirement for hydraulic engineering of fire sprinkler and standpipe systems. 24. Added a requirement for the 24 hour monitoring of certain new fire sprinkler systems. 25. Clarified the minimum requirements for exterior fire alarm audible/visible notification. AGENDA LTEIv[ H. WAYNE BRYAN, JR. · OFFICE (941) 403-2498 · F~ (941) 403-2334 FIRE CODE O~ANCE ~DATE S~M~Y.doc 08;17'98 Pg. ~ :~ C'OI~LIER COUNTY FIRI.: I'RI£VENTIO.X .,\NI) I'I~O'FI':CTION CODI.: ~ AN OI~,DINANCE ENAC'TING T}IE "COLLIER COU.'N"T'¥ FIRE PREVENq'-ION ANT') PROTECTION CODE" ~., B'~' ADOPTING SPECIFIC STANDARDS AND CODES O,~' I'}IE "NATIONAL FIY,..E CODES". AS 7 PU'BLISHED BY 'rile NATiONAL FIRE PROTECTION ASSOCIATION (bT'PA). AS LOCALLY AMEN.DED 8 BY TI'lIS ORDINANCE; AMEN'DING N"FPA I, FIRE PRE;"Et,"~ON CODE. BY AMEN'DING SEC"TION 1.7 9 RELATING TO TI'[E ~3OAFLD OF AD~JSTMET,,'TS AND APPEALS. WIttCII IS SUPERSEDED BY TIlE I0 t.J'%TFIED LAND DEV'ELC'PMEN'T CODE OF COLLIER COLR',,'TY. AMENDING SECTION I-lB RELATING 11 TO \IOLATIONS, PENALTIES AND APPEALS, WITIC1~I IS SUPERSEDED BY THE COLLIER COU~'rY 12 BblLDrNG CONST!~UCTION ADMrN'ISTRATIVE C~D£; AMENDING SECTION 1.5 ADOPTING CODES 13 AN~D STAN.DAILDS; A/~ENDING Sb~BSECT1ON I-8.4 RELATP. 4G TO CHANGES OF OCCt~PANCY 1~ PROVIDrNG A REQUIP~MEN~I' FOR N'EW TENANTS AN'D/OR OCCUPANCIES TO OBTAIN A 'NOTICE I~ OF FIRE COMPLIANCE" PItJOP, TO OCClJPANC~' OF SPECFFIED EXISTTN~ BUILDINGS; 16 SECTION 1-15 R.ELATING TO PEP. MITS A]~.D APPROVALS; PROVIDING EXEMPTIONS FOR SPECkleD I? RECP. EATIONAL FIKES; AMEN'DING SECTION I-I? RELATING tO PLANS REVTEW; PROVIDING A 1~ R~QU~MEN'r FOR A ~FI]~ PROTECTION PLAN'' SHEET IN' N~W ~'L~LDfNGS (OTIi~R TI{AN SMALL 19 ANCILLARY STRUCTU!R£$ LLK~ GUAP,~HOUSES AN.D R~STROO.MS ANU ONE AND T¥.'O FAMILy 20 R£SIDENCES} AND SQUARE FOOTAGE ADDITIONS TO EXISI-ff:,$ STRUCTb'P~S 1'HA~ DO NOT 21 EXCEED IO00 SO l~I'.; ADDING SECTION 1.19 P~LAT[NG TO ..x S~'HEDULE OF PER.MIT FEES AS 2£ P?u~Vi:)ED BY FEE P~SOLL~T,,ON AMENDING SECTION 2.1 2EFi?;~T:ONS A' · · ......... SEC'TION 2.: RELATff4G TO OLTDOOR F:P. ES AND PROVIDff4G pROHi~:.~.ONS ..\GAD4ST SPECIFIED COOICIN~ 24 GPdLLS 'A'iT'HP,~' 10 FT OF SPECIFIED BL'iLDLNGS. A.MEN'D~';G SF. CTIO.~: .:-b P~ELATIN'G TO FII~ :b LANES. SPECIFYIN'G FIP-,.E LANE ~\'iDTt~S, T~"P~\'^RO?~D FRO',*IS ONS. FIP~. LANE MAP. K/NG, 2:: .;~"dEF, GENC'~' VEtIICLE ACCESS FOK L.'N?,'b*,N."N'ED G^TED Pi",gPF?,~ES A:,'D STRUC'T'U'R, ES. AND 2' ADDP~SSING P,,EQUIREME.','TS FOR THE REAR OF SPEC:FIED BL']LD,.~GS. ADDIT,,'G SECT]ON ..1.14 2S KEI. ATI?,,'G TO ACCEPTABLE METI-IODS OF CLOT}lES DR'iF?, ".'ENq'ING. ADDING SECTION 3-IS 29 RELATING TO PUBLIC ASSEMJ3LAGES A,',.D EVENTS; PROV/D.rNG A REOUI"REM'E:,'T FOR SPECIFIED 30 PI'BLIC ASSEMBLAGES AI',.D EVEN'TS TO DEVELOP AN EMERGEN('Y SERVICES PLAN PRJOR TO TIrE 3: OCC.,\SI,,)N AND AU'T'ROP,~ZING REASONABLE FEES FOR COMPE 4S..\TION OF ON-SITE SERVICES. 32 A.MEN'D,?,'G SECTION 6-2 P-~ELA'ITNG TO STANDPIPE SYSI'EMS, PRO\'ID,.'NG EXEMPTIONS AND 33 SPECIFICATIONS: AMENDING SECTION 6-S RELATING TO WATER SUPPLY. SPECIF'~5'NG A FIRZ. 3.: FLOW STAN.DARD AND TES'I-IN'G AND REPORTING P~QU'IREMEN'TS. PROkq'DD,'G SPECIFICATION 3" I-O? WATER MAIN FX'T'ENSIONS. AMEN'DING SECTION 't.I P,E[.ATING TO ALWOMATIC SPR. i%."KLER 3t~ SYSTEMS. PROVIDING CLARIFICATIONS ON CO".'EP~.GE EXCEPT ON£ SPECIF CATIONS FOR Y; H'CDR.*.L'LIC CALCULATIONS. AND SI-~ERVISION P, ZQ~,F,~. .... ~S. ^:,¢E.""DIN'G SECTION 3~ RELATING TO FIRE DETIiC'"rlON ANT3 ALARM SYST'EMs PROVIDING O~-Q' AL, DI[!i.E.,~-ISiLit. i~ ...Co~'[,'rr C'nu~:.~ I-'rte [~rever:tton a~,! Proteerloc Code 1 WIIEREA.S. the iloard of County Commzss~oners ofColher Cour. h. ['londa ha~ fire safety re~ponx~h,hhe: for 2 Colher Count)'; and 3 4 WIIEREAS. Sect,on 633.025, Flonda Sutures, requues counties wtth fitc safc~y tcsponsibili~cs to adopl 5 mtmmum fire saf¢~y slandar~ which shall o~le m conjunction w~ ~e sure mln~um building code; and 6 7 WI~AS. Collier Coun~ adopt~ Collier ~unD. Offim~ce No. 92-72 adopt~g ~ Fire Prevemion 8 Protection C~e rot Collier ~D' whiO met ~e sumto~ r~uke~nu under S~fion 633.025, ~orida S~m~es: 9 ~d 10 ~, i~ is necess~ m u~le ~e ~llier ~ Fu¢ Prevention and Pro~ecfion ~e. II 12 NOW, TI~FO~ BE IT O~D BY ~ BO~ OF CO~' CO3~fiSSIO~ OF 13 COLLIER COb%WY, ~O~DA 14 15 SEC~ON 16 ~* S~ndards ~d C~e sections of ~e N~fional F~e ~es", ~s pubhshed by ~e National Fue Pro~ecnon 17 Ass~ianon ~A). lisled ~low by N~A c~e. s~n~rd nmm~r and edihon ~nd ~ amended here~ ~e hereby IS adop:ed by reference and ~de a pa~ h*reof ~s h~e "~llie: ~nD' Fue Prevemion and Pro,etlon Code" to prorec~ 19 Lhe E:al~k, wcIfare, safe~, co~mon mteresk and convem:nce o~ [he c~P2en~, vimors, and residenu of Colher 20 Co=nD'. Florida. 21 22 NFPA Code 25 or S~andard Edition Description 2~ 25 1 1997 FL-e Ptevennon Code 26 I0 199S Potable F=e 27 I1 1998 Low Expannon Foam 29 I IC 1995 Mobile Foam 30 12 1999 Carbon D~oxide Exm~guishmg 31 12A 1997 Halo 1301 Fue Extinguishing 3 ~ 13 1996 Ins~a liar:on of Sp~ler 33 13D 1996 Spnraler Sys:e~ m One- an~ T~o. Famaly D~elhnrs and Manuhcmred 3a 13E 1996 Sp~&ler Syste~ m Resident. al Occupanc~:s up to and tnclud;ng Four Stcn=~ 3t, I ~ 1996 Wa=ar Spray Fr~ed Systems For F~re 37 16 1995 Insralhmm of Deluge Foam. W~er Spnnkler and [o~m. Wa~er Spra~ 30 1 ~ 190$ D~ Chem~cM Exhngmshmg 40 17A 199S Wel Che*mcal Extmgm~ng Sy~teml al IS 1005 Weumg Agen~ 42 20 IOOf, In~allahon ofCenmrugal F~: ~mps · i.. ~, l'~'~' I I~mm~hb. and (',~mbus*thl- I ~q,t,'~5 t'ode AGENO~JTE~ SEP 2 1998 ? 3 32 1995 D,'2,.'.clca n mg 4 33 1995 Spray Appl~carmn Using Flam.'r, ablc or Comt.:::~blc Malcnak 5 3.1 199.5 Dipping and Coating Processes Using Flam.maSk or Combust/ble 6 35 1995 Manufacture of Organic Coatings 7 36 1997 Solvent Extracnon Plant~ 8 37 1998 Iru, ulh~lon tnd Usc of Sutiona,D' Combastio: Engme~ ~.nd Gas Turbines 9 40 1997 Slorage and Handlm£ of Cellulose N~ml'. Monon P~cru:e FiLm 10 42 1997 SIorage o[ P)'toxylLn Pl~snc 11 43D 199.1 Storage of Pes~cide$ 12 ,15 1996 Ftre Prolecnon For L:boratomes Usu:g 13 49 199.1 Hxzardous Cherm:als Data 14 50 1996 Bulk Oxygen System.s at Coruumet 15 50A 1994 Gaseous Hy~ogcn Systems a! Consumer 16 50B 199.1 Liquefied ttyd.'oger, Systems at Comu,'ner 17 51 1997 Design and Imullatmn ofOxygen. FuC, Gas S':'s:erm, for Weldu':l:. Cur:mi;. and Alhed 18 5 iA 1996 Acet',.'lene Cy ruder Charging Planu 19 51B 199.1 F,:e Prevennon in Use of Cur*cng an~ ',vdg:n.r Processes 20 $2 109.~ Com?ressed Na.".ara] Gat ",'ehi:'..,dar Fuel Sys:ems 2: 54 I995 .N'ahonal Fuel Gat Code 2~ ~ IC~98 Smra~.:. Usc an~ }tan,,m~: of Comaressed and Liquefied Gases tn Po,-.able 22 5" 1g95 L~quefied Na,".:ral Gat Vehicular F'.::I 24 .~S t998 S:orage and Han~Img of Liquefied P:.'=:leum Gates 25 59 19qS S:orag¢ and H'..r, dlmg of Liquefied P:xo!e'-'m Gasex a: U~/hD' Ga~ PIanu 26 59A 19o6 Produ:'non. S:on~e and H~.",~lm~. "' ,~" 27 61 P,"-5 P:.':~ :.-.:::'ne. r;.e an. D=s: ExF!e~:c,r.s m .a,.rn..:='.:'=r~; and Food Prod~r:a 2'3 09 io';' E~;'ios,on Prevenmon Syslen'~ 30 :0E Ic~'~.~ £k':.~cal SafeD Requuemenu for E,,m.~l,;,.xe¢ 'A'e:k"places 3[ 72 I'3';:~ N,lt~on.H Fue Al,~,"r'n Code 32 73 19~,t, Rc~d:n::al El.-cmcal .',:am:en~..:ce Code fo: One and Two Famdy Dwellmgs 33 75 1995 Ptotecnon of Electronic Cemputer'Da:a Pro~essmll £qmpmcm 34 79 19c, 7 Elecmcal S:andard for Industrial Machinery 35 80 1995 Fue Doors and Fire Windows 3~ 82 19¢.1 Incinerators and WasI¢ and Linen H~d'.mg Sys:e.,-ru and £qmpmen: 37 ~0 19% ()vent ami Ir. umaces 38 S6C' I~'~O.~ Indus:n.~l Furnaces Using a Special Pro, cessmg Atmosphere 39 SO',) IO',~ In ~,u~:r~a! Furr, a:es [lsmg ','a:uum :st :st, Ahmos~he,,e 42 ,~,J.'~ lg,~r, in',:.C~l:~,,n O[ All Conditioning agd ','~ntll:stmg .~ystettt,~ SEP 2 2 1998 2 Vol I0'~? Cod.- for Safety to Life from Fire tn [lufldm~ ;md ~ 102 I gOS Or~ndstnnds, Fol~ ~nd Telescopic Sc~tm~. Tc~ ~nd ~cmbr~nc 4 I IO 1996 Emergency mad S~dby Power Sys~c~ 5 I 11 199~ Stored Elcc~c~l Encr~ Emc~cacy ~nd S~Mby Power Systems b 120 1994 Coal I'rcparmtlon Planu 7 121 1996 Fue Protcc~on for Self-Pro.lied and ~obflc S~acc Miring Equ,pmcnt 8 130 1997 F~cJ Gm&way T~it 9 I SO lOgS Fires~fc~ m ~cc~ck S~blcs I0 160 199~ SUnd~rd ~or Fl~e Effecu Before an Audience II 170 1996 FIresafety S~ls 12 21 ~ I996 ~i~eys. F~cplaces. Ven~ sad Sohd Fuel B~mmg Applances 13 214 1996 Water.~l~g Towcm 14 220 1995 T}~es oF Building ~cnon IS 221 1997 F~c Walls and F~c B~g W~Ils 16 231 1995 Gcnenl Stomge 17 231C 1995 ~ck S~omgc of Matcfi~ 18 231D 199a Stooge of Rub~r T~es 19 231F 1996 Storage of Roll P~pcr 20 232 199J Protection of Recor~ 21 241 1990 Safeguarding ~ns~c~o& Ahemnon and Dem~hnon Ope~nons 22 251 199~ Me~hods of Testing of Fee End~n:c of Bufigm$ ~c~on a~d 23 252 1905 Me~o~ of F~c Tesu order Assembh:s 24 253 It,)5 Me'od of Test For Cfincal ~di~t Flux of Floor Covcnng Syslema Using a 25 255 19:~ Me~ of Tes~ ofS~face B~mg ~'a:iens~,:s of Building 26 256 199S Me~ho~ ofF~e Tcs~ of R~f ~ven~n~s 27 2? 199~ F~e Test for Window and Glass B!~k 28 25S 1997 Research Test Me.od for Deleing Smok~ Generation of Sohd 29 259 199S Test Me~hod For Potennal Hcl~ Of Buiidu~g 30 260 1994 Med~ods of Tesu and Classtfic~non Sys:ema For C~garene Igm::on P. eslsun:e 31 26I 19~4 Me.od o~ Test For De~e~g F. es~s~nce of .Mock.up Upkols:cred Fu~;va:e Ma~en~ . 32 262 l O94 Meuhod of Tess rot F~e ~nd Smoke ~ctensn:s of W~es ~nd Cables 33 263 I994 Me.od of Tcsl For Hea~ ~nd Vmble Smoke Release Rl~es for Mn:earls and Produc~ 34 2~ 1995 Me.od of Test For Hea~ and Vm~le Smoke Release ~es for M~:enals and 35 254A 1994 Meth~ of Test for Heat Release ~tes for Upho!slcred Fumi~re Com~nenu or... 36 265 1994 Mc~ or Tcs~ for Evalua~g R~m Fire Gro~h Conmbut~on oFTen.lc W~I1 37 2b~ 199~ Mcth~t of Tes~ for F,rc ~c~ensncs of L'pholstcr~ Fumble Exposed to Fl~mm~ 38 26' 19% Method of Test for F~fe ~mctensncs of M~sses and Beddtng 39 26~ 10')6 Tesl Method for De~e~mmg lgnmbfl~b, Exterior Wall Assembhes Usin~ ~ Ra~l~l . 40 2t,'~ 1';ob 'Ie~ Method fm Developing Tox,c Potcncy D~:~ for Uxc In F,re }{az~rd btndehn~ ,11 2'~1 1~95 F.e [I,~.. le,.hngandMark~ngofHy~ana 42 29't 19'}7 ['rmccmm ot l.ffe and Pro~ny From 43 302 I')~'1 I'~ u~e and (.'ommerc~al Minor Craft SEP 998 I 32(J 1'~9.~ P,.,.cJ .;e', h,: the Sa,': l'.ntr'y o~ Linde:grou.'.g Sro[age 'j anks 2 327 1993 I',~:edure~ tot Cleaning or Safepuardmig 5real! T~nks znd ~n~m~r~ 4 ~6 1090 Pofl~l)le Shq~pmR Tan~ ~ 393 199J FI4n~able and ~mbusnble Liqu~ on Fa~ rand Isolated ~fls~c~on Projec~ ? 4OS 1994 Aucrafi Iland Po~ble F~e 9 410 1994 A~rcraft Mamtc~nce l0 4~2 1993 Evaluating Aucnfi Rc~cuc ~d Fue Flgb~8 Fo~ ~uipmcnt l I 415 1997 A~ Tc~al Buildings, Fuelm8 ~p Dnmage and ~adm8 Wal~ays 12 418 1995 1~ 423 1994 ~c~on and Prot~c~oo of A~nfl Engine Test Facilifi~ 14 430 199~ Slonge of L,qu~d znd Sohd Oxid~n 15 432 1997 Slorage of Orgam¢ Peroxide Fo~ula~o~ 16 480 1~3 Storage, Handlm8 ~d Pr~e~m8 ofMsgoesl~ Soli~ ~d Powden 17 4SI 1995 Pr~uchon, Pr~essmg, H~dlmg aod SIo~8t 18 482 1996 Pr~ucnon, Pt~essmg, H~mg ~d Stonge of Zuco~ 19 4S5 1994 Storage. Handling, Pr~cssmg and Use of Li~i~m Meal 20 490 1993 SIo~ge ofA~mom~ NL~ate 21 491 1997 Gu:de to H~tdous ~t~cJI 23 496 1993 Pueg~d an~ Pr~ss~ed Enclos~es For Elec~cal Equipment 2a 498 1996 Safe tia~ :r.s and lnterch~ge ~ for VeL~rlt~ T~spo~g Explosives 26 50lA 1997 F~e Saf:~,' Cmtna for Manufac~ed Home lnsullafions, Sites and 27 50IC 1996 Rccrea:;zaal VeMcJcs 2S 501D 1996 Recrea:~o~al Veh,cle Pa:~ and 29 5O5 1996 Pogeted Ir. dusmal Tmc~ 30 512 199; Track Fze 31 513 199a Motor Ftc:gE; Te~al~ 33 6~ 1996 Indu~al Fete Engadcs 3a 601 1996 Secunb' Se~'~ce m Fec~ss Pecvennon 35 650 1998 Pneuma:~c Conveymng Sysle~ For Handling Combusnble 36 651 1993 Manufac~re of Alu~num Powder 37 654 1997 Prcvcnnon of Flec and D~t Explos,ons from ~c Minufmc~g. Pr~essmg. and 3~ 655 1993 Prcvennon of Sulfur F~es and Explos~oea 39 6~ 1993 Prevcnhon of Fires and Explosions m W~ Processing and W~wotkmg 40 701 1996 Mc~h~s of F.e Tcsu For Flame Res~sunt Te~nlcs and F~ 41 703 1995 Fire Re~ardan~ Impregnated W~ and F~tc Rcurdanl Coltings for Building 42 704 1996 Idenhflcahon of~t Ha~e& of Materials for Emergency 43 750 199r, W~cr ~t,~ t ~:e l'ro~cCt~On Sysle~s NO SEP 2 2 1998 · Col!ret Co:tory ~''irc Prevention, t;'.nd Pr*':er.:tr~.':, Code I 9','1 1995 Standard Classifications for Inoden! Reporting and F~r¢ Pro~eclmn Da:3 2 909 1997 Standard rot the Prolectmn of Cultural Resources Including Museum:. I.~btar~e,,. 3 1122 1997 Code for Model Rockcwy 4 II 23 1995 Codc for F~reworks D~splay 5 II 24 t995 Manufacrurc, Transportation. and Storage of Fu'eworks 6 1125 1995 Manufacmnng of Mo<Icl Rocke{ ~nd High Power Rocket Motors ? 1126 1996 Usc of Pyrmcchmcs Before a ProxmUtc Audience 8 1127 1995 High Power Rocketry 9 l 141 1990 Ftre Pr.~tect~on in Planned Building Groups lO 1221 1994 [nstallation, Mamter~a. nce and Use of Public Fi~¢ Service Con'u'nunJcarioo Systems 11 1231 199.1 Water Supphcs for Subut~ban Lzxl Rural Fh'e Fighting 12 1961 1997 Ftre Hose 13 1962 1998 Care, Use, and Sera'ice Tcstm8 of Fu-e Hose Lncludmg Couplings ~nd Nozzles 14 1953 1993 FLrc }lose Corm¢ctmns 15 1964 1998 Spray Noz.zlcs (Shutoff and Tzp) 16 20OI 1996 Clean Agent F~e Extinguishing Systenu 17 8501 1992 Single Burner Boiler Opcra~ion 18 8502 1995 Prevcnnoo of Furnace Explo~ioz~qmplosiom m Multiple Burner Boilers 19 8503 1992 Pulvert:ed Fuel Systems 20 8504 I996 A~nos?,~.-'nc Flu~dtzed. Bed Boiler OpcraOon 2I 8505 1998 Stoker Ope:anon 22 8506 1995 Hca~ R*covery S:.-ar:-, Generator Sys:e,.'n.s 23 2-: SECTION TWO: 25 'I~e "No:renal Ftrc Codes, NFPA I, F~c Prcvcntio,~ Code, 1997 Fr2i~or~' is hereby amended by local 2,5 amen&,'nen: as follows: 27 28 (A) CIL.~PTER I ADMI'N'ISTRAT1ON AND ENTORCEMEN'T 29 (1) BOARD OF APPEALS 2,0 i) Amend 1-7 to read as follows 31 1.7 BOARD OF APPEALS 32 Rcf:: to Ih.- Co!h.-r Co,Jnr¥ Unified Lznd D:v~!o__',.m. cot Cc'q.-, ~~.:l'~:d h~r~dd.-nd~ A. 34 (2) NOTICE OF VIOLATIONS, PENALTIES .3.5 i) Amend I-15 Io read as ICoIIows: 36 1.18 NOTICE OF YqOLATIONS, PENALTIES 37 V~ol.mons of lh:s ordmanCr,.ll:..19_l:,c admmmcred accordint, to Collier County Ordinance No 96-83 the 38 County Bu:ldmc Con,traction Admm~'~trati¥c Cod~_ Sec'non I I0 inelud.,'d hereto as Addenda Il-or Hs 39 Nol!;m~' hci'ein con:.'m:d is mten~:d toplcvcnt the lnde."~'ndtm F.u'e D~m;,B 42 c~hgL.e',_ar.u.u.u_a'da,, l'ot IJ,I.,rlLII,:CL_.I~I: I."-I;I:.L"..~JJ'Z. nI lqre D~mcl~ of L"O~c: Cou:,rv sha!l~}Llve .:4 45 (B) C'llA1'll:l< I AI),x.:INISII<AIi,)N AGENDA · :', (l) /:I'PI.IC..',.'I I()N NO ~ SEP g g 1998 2 design standards. ~rfo~ancc. mstzllanon, or e'~ pemr,~: cn:~nz contained m ~os~ standa:~s an~ c~s 4 shall ~ considered a pa~ of ~,s ~de ~~~~=gh ~h:: C~ 5 ii) AmendSubsecHon I-5.5~orcadas follows 6 I-S.S Buildings m cxlslcncc or pe~e~ for co~macnon p~or ~o ~e adop~on of ~is 7 shall comply wi~ ~ provmons suted hereto or rcfertnce~ for tx~s~g buildings. 8 Existing buildings or ~l:i~o~ t~ll do not comply wi~ the provisiom of ~e publi~ons referenced in 9 ~shall be pc~ncd m ~ con~ucd m use, ~less ~c au~on~ h~v~g j~sd,c~on dcte~cs ~t ~e hck of [0 co~o~ w~ ~csc sun~r~ prcscnu ~ ~cnt danger. t I Exc~on: A l~cd bm rc~onablc ~e shall ~ allowed for comph~ce ~a ~y pm of ~is C~c for 12 buildings, co~c~tc ~ ~c ~mdc of cx~ndl~:, d:s~pno= of sc~'lccs, ~d dc~cc of h~rd Occupied 14 (2) OC~ANCY 15 i) Amcad Subscc~oa 1-8.4.1 Io ~id ~ follows. 16 I-~.4.1 ~ ~y buil~g or s~c~c, whc:hct acccssi~ a ph~i~l short,on or ~oL a 17 from one ~cup~cy cl~sifi~oa lo sooner, or from oac ~cup~ su~lasnfi~oa to ~no~ 18 of ~c s~c ~pancy, sail ~ pc~ncd oaly if such s~cr~-c, buildag, or ~moa ~caof co~o~ ~ 19 rcquucmc~u of ~TPA 101, LiCe Safco. ~c appb~g to ~cw co~w~c.on for ac pm~sed acw ~t (101:1.~.12) 20 as wel~ as o~tt ~l,cable ~lher Coun~ hws end ordmz~c~s. AI~ t~ts end ~pzn:i~s shall obum z ~' bu~dmr_ as es'~de~t of com~ ~' ..... ~'uh ~- Cc_2r ~u~>' F~t Preve~on ~n~ Prot~non C~: _cu-~... on~in~j 24 (3) PEP.M~S AN~ ~PROVALS 25 i} Amrnd Subsectmn 1-15 It, lc leo read I$ foIlo'*s 27 m any Fubh: sees; alley, roa~ or e~e: pub::: o: private [::un~ Izs~:naas ~n~ stipuh::ens of pe~g: shall 29 conducted safely ~nd on the ~ro~' of ~t sub,ecL are exempt ar.d ~o no: ferule a 30 (al PLANS P~VIEW 32 1-172 h shall be ~he respons~:hD, of e: apphcan: Io ensure 33 (a) ~: consma:tion d~umenu include all of ~: Fu.c prose:non 34 ~) ~e shop ~-awmgs are conec~ and m comphance ~ Lhc apph:ab~t c~es and 36 e~u:!c~ "Fete Pro:e:non P~" ~at dep~:l ~e following: budume cn=~ce openm~ ex,t s:a~rs naveme=: ~eas and fire lanes, f~c hydrants AGE~ SEP 2 2 1998 4 ~c~/m~ I: GroupR-].On~n~ 7 Ill COST OF PE~III 8 i) Add Section I-19 to read m followl: 9 1-19 COST OF PERM~ lO p ' ' No_ 96-594./es~Inh~e~;~EA_ Sections ~ S & EE 11 ~Addenda C or ia successor. 12 14 (I) DEFLN~ONS 15 Add ~e following dermmo~ Io r~d ~ followi 16 ii F~re Ma~hal · ~e ~lher ~un~ Minaret or ~s d~s:~ee or an ~d~den~ F~ [7 ~ [o: by inlerl~al amreeme~lL i~ fi) FireOffi~ia~.Anvau~honzed~onsemm~lSldeS:~demplovee r~sen~ve o: I9 ~e Marshal or ~n md~e~dem fire d~s~et em~lovee ~s mir be ~rovided for by inlerl~.~lrreem~ 20 ~O~<:: · An~ person or e~ ~ havm~ a l ...... ~ ........ 23 t') M2nual We~ S:~n~r~e _ Refer to NTPA 14 a~ 24 ~'i) P. es~dzn a Ozcupan;y (Grou~ R) - Re~Ll9 L-~,,-~..~ ~,. ,~,.. ~d- 1997 EdmoaJ 27 (D) ~LqPTER 3GENEP~L PROVISIONS 2S (1) OPEN OL~OOR FIRES. INC~'E~TO~. OLd.DF. F[P~PL~CF~. 29 i) Amend SubsecHon 34 1 to read ~ foliow~: 30 3.4.1 See Sect:on 1-15 31 E~c~p;ion Cooking fircs~nd small recreational fire~ not mt~n~:~ f~: v:re:ahnn or mbb~sh~~ iii Am~ndSub~ecnon347mr~ada~follow~ 40 (2} FtRI:I.ANES · Il il Amend Subsecl~on 3-5 2 Io read at follnws 42 3.5 2 I',re lan¢~ shall be nat les~ uhan~l] 7 m~ ~O/*4t~.) of unobs~cted 45 L'otl;er L'ounty I'~re Prevenc;nq e,~d l'r~::,'c:,~ Cn~.,- 4 s~: ~hall ~ pr~med to be 5 ii) Amend Subsection 3-5 4 to read as follo~s 6 3-5.4 F~e lanes s~[I be ~ked even 50 f: (9_I m) wi~ freel~dmg 7 ~~~:; ~ :~:; ~:~{~ ~at have ~c wor~ '~ ~-NO 8 STOPP~'G ~AN~G OR PA~G' paMtcd m coping colon at a s~t and iplcm 9 au~on~ havmg J~sd~cBon. Refrr to ~llier ~un~ Or,thane: No 8047. ~e ~llier 10 o: t~ successor 1 I iii) Add Su~ecuon 3-5.6 to read ~ follows: 12 3-5_6 EMERGEN~ ~{1~ F ACC~S 13 (s) A~Subsecnona.5.6.1 toread~ 14 3-5 6 I All nrw rice,omc ~ccess consol ~a~ts t~ ~:mre~ and p~e~ 16 ~rn~.four houm I day ~all N prowded ~ ~ el~onie ~n~mi~er/receivet ~t~ eznlble of~ir.r 17 pro~ed ~5Lh a uniaue aenvanon c~e and ~e~aenev a~ved by Lhe aushofi~ ha~ i~dlefion Such 18 or frequ~ev shall not ~ mod by or provided to o~er e~e u~e~ Ez~?.n? L~x~Ilafion~ ~hall com~ly 20 (b) AddSublecnona.5.62toreadalfollo~.~: 23 (c) Add S'Jbse:l:on 3-5 6.3 to read as folloas 2~ allow Lhe ~ate to be ~I)v o~ne~ du~ a ~wer 29 (d) Add Subsection ~-L6 4 to re~d as fol;o~s 32 ~'en~,'-four (241 houm a day sS:l! be provided ~aLh a ~ --' < ...... 33 (3) F~ PROLCON N~GS 34 i) Amend Sub~ectlon 3-7.1 lo read ~ follow~ 35 3.7.1 New and exts~g buildmgs~Lshall have approvrd 36 m a posmon to ~ plamly legible and vmblr from ~c s~cet or rea~ fron~ng ~hc 37 ~ad m the rC~ of Lhep[~. when such s~Ce: o~r~-est humbert shall con,asr wt~ ~eu ha:~rtnund 3~ Ad~essnum~rsshall~arab< numeralsoralpha~le~e~ ~.:~:::oCol!!~dm:mieNo 4o {41 CLO~ tES~)i~. 4 ] i) Add ~ect)on J. I 4 ~,~ ~,ld ~l .:4 ~:c;'~ ~3Ld. D:tach:i 9~:~:,~ :~ ~ :i' Pv',i.. ,'...c;;;'.;.~;,:..:;;~ SEP 1998 V.,,:d ., ,;.;L.,,~ ,', , :,:,'.1 "' ": ' ..... ~ ........ :..~" I (a,~ Add .";ubsect~on 3-15 i Io read as follou..~ 7 ~ prcscn~ a ~lan for th~ 0rovmon of safe~ ~e~ces which ~rovid~ 8 ~:~dee~. Pi~ar.~ ~d o~er affected mem~ of ~t ~ublic 9 (b) Add Subsecnon 3-13.2 to read as follows: 10 3-15_2 ~e plan shall ad&*e~ such item~ a~ 12 l~endccs and vehicles, mciudin~ ~e Dzr~ne of vehicies vendor and f~ 14 (c) Add Subsection 3-I~,3 to read a~ follows: 19 ~} C~R 6 F~ PROLCON SYS~MS ~ EQ~MENT 20 {1) Amend Subsec~on 6.2.2 to rca~ as follows: 21 6-2.2~ Newbuil~mgs~ecsloncsermo~Li~hc~g~:ornewbuildmgsovcrS0fl(13.25 m) m 22 hough: above grade and conM~g mte~ed~ale atones or balconies shall b¢ equ:pped ~q~ a s~ndp:pe system 2~ in~l]td m accordance w~h ~e provisions of Lhts secnon ~nd N~PA 24 ~2~en 1: Buildme~ ch~sified as R-3. ~e ~n~ Two FL~y 26 above the lowest level of C~'e debar:n: veh:de ::ceos ~:~ :~:ourh~," w,'~ , ,, - 29 accordanc~ w:th NTPA l~. 30 (2) Add Subscct~on 6.22.2 to read as follows: 31 6-2.2 2 Any buOdme five s:onts or more m he~: 32 define~bv Lhe Standard Bufldme Codt 1997 Ed4non_ shall have an~.:: 34 L~e to~os~ hose Conn~ 35 (3) Add Subsccl,on 6-2 2.3 Io read as fo[:ows 30 (4} Add Sub~eClmon 6.2 2.4 lo ~ead as follows SE P 2 2 1998 · Co~hcr County Ft~c Pr¢~¢n:~o,:. and Pro:cohort 3 (6J Add Subsccl:on 6-2.2.6 to read as foHo~ls· 6 accesxroadandwi~infi~faO~ ftflS_25mlofafirehv~nt Etlherf~ede~l~entco~donshallbecaolbl,, 8 fc~u~edtobewithinfi~30} ~f152~mlofafl~e 9 (~ Amend Section ~3 Walet Supply ~ ~ad M follows lO l) Add Subsecnon 6-3.1.[ to.dM follows: I ] ~5_1.1 All new s~c~ ~h:ll ~ evalu:ted onor lo dextloom~t for Needed F~ Flow 12 defined by ~e ~en eument edi~on of ~e F~ Suppr~ion Rlnne Schedule published by ~e 13 Office or ~A 1231 Sundard on Water Supplies for Suburban lnd Runl Fbe Fiehfine ~i l~plic=ble Fina~ 14 ol~lanons and dete~in~finn of Needed F~ ~ow shill ~ by the fire o~cial ~e Needed F~r How 15 ~die:~ed on the Fire Protection Plan requ~d by Sec~on 1-17: 16 Ii) Add Subsection ~,1.2 to md ~ follows: 19 no ]on~er than six month~ p~ar to ~e subplot for ~e~it 20 ~'en~ f201 pti residual senti ~ provided o~ ~e Fire ProIe:non Plan recurred by Section l-17 or ~ ~e 22 o~c~al le~erhcad of~e fire dis~ct havinv j~sdic~otl~ 23 iii) Add Subseet~on t.5.1,a lo read M follows: 24 6-5.1_3 Fire hvdnn~ ~hall be ~rovlded for ~ro~ed ~cmrcs m accordance ~ N~PA 2~ and 23 shall be d~s~buted so that the Needed Fire Flow dete~ ned by the fire e~cia[ -: v . 26 locations and d:slances lo pro~sed s~c~res ~hall be i~dic~ted 02. lee F:rz Pr<::no2 Pla2 re~u~rd b~'~ 28 iv) AmendSubsec~ont.5.21oreadas follows: 31 prcvtsio~i of Diwsion 3 2 8 4 8 of ~e CoIlier ~un~ [Jnited [ a~/YclopmenI Code. fmcluded hrre~ il 33 X~q~erc no pied water supply cxisu within ~e one ~ousand f l~) R (3~.8 m~ distance enteqa ~e 34 of NTPA 1231, SMndard on Walcr Supphes for Suburban and Rural Fire Fight nS. shall app y 35 ~:: s::: developments shall provide ~anent fire D~ottct:on ~ a[~~,~:~;lI: 36 SY~L:::] O: const~c: a private engineered water system ~cce~[a~ to ~e a,Jt~ ha~eju~ct:on 37 ~'c~n ~ I~~'-eeded Firr~°w s~ecIGcd m SUb~ ~-5 39 03 CHAPTER 7A{rIOMATIC SPRINKLER SYSTEMS 11 7. I. ] A~Homtlollc sprinklers ¢]all be Inslallcd and ma:ntalnrd mn full opera in~ con ]~ mOrt, aS specified SEP 2 2 1998 ~;e~;~ 4-kS.h 2.6. ~.~ 6 exee~s of fife.five (55~ s~uare feet_ ~e barroom as well :~ ~e lmlet room shall ~ D~ote~tcd wi~ ~utom~c 7 sun:kith unlc~ the toilet r~m hm~ ~ d~r or = lintel al least ~8] k~che~ deco and the toilet room 8 ~u:rcmcnB of NTPA 13:4.5.8.1_ 9 ii) Add Submection 7-1.1.2 to read aa followm: 10 7-1A 2 In ~caidcnnal occupancy buildin~a prolecled Lg~OUghoul ~fith an approved automa~; Il s~nv&~r system m accordance wi~ NTPA 13. spfi~lc~ may ~ omined from all closc~_ linen cloven and 12 ~gmes. w~uhm dwellinc units. ~ha: are less than ~eh'e (121 square feet m arc~ 13 iii) Add Subseclmn 7-1.1.3 Io read ~s follow's: 14 7- h 1.3 In residential ~cupancv buildtn?~ urottct~d ~5~ an a~roved automlIlC sp~:l:I 15 system m arcor~2nee with NFPA 13R or ~PA 13D. ~mnkltm mzv b: o~ancd from ¢l~ets_ hncn clot~ 17 do:~ ne: exzeed three (31 fee~ and cSe w~Hs and ceihnv~ are suff~eed wix[ noncombumblc or limited combus~ble 19 {2) Am:n/SxbsccnonT.2.2to:ta~asfollows: 20 7.* ~ ~u fire svnr3:lc: svs:cm~ sh~ll ~e des~med ~d:~ ~: ._~ 'a:~u,~.' ' cal:uh~en me,od and ~11 21 amm::n:m ~afer, f2::o: of fly: (5 t vs~ ~bovc cbc demand peal cf ~c ~,,'~tcm usmc Lhe ay~:b!c f~c flow. 23 LPan SlX sF~lers for any isohted h~rdous area shall be pe~n:~ to ~e co~qecled duectly to a domesnc 24 suF~l>' s>'s:em harms a c~pa:~D' su~cier, t to provide 0.15 ~m/f'~ (6 1 ~'~ .~) of floor area ~oughout 25 ch:u: cn:loscd area An ~dicatmg shut-off valve shall ~ hmulit~ m an a:ccss~blc Iocanon be~'ccn ~c sp~lers 25 an~ :he cnancctlon to the domesnc waler supply (101:7.7.1 2~ 27 (3t Amend Subsccnon 7.2 3 :o lead as follows; 29 ~ al, cs m supply p;pes to sp~lcrs shall be supc~'lsed ~ by oge of cst followmg 30 (~) Cenxa{ station, ptopnet*~', or remote s ~ ~on s~gnmlmg 32 (c) '. ~2, cs locked m the open pcs:~:on ~l:[:~ :o e!:z~on~: 35 [ Io,~: canto} ~ ah es m high-nsc buddmgs and valves conuolhng flo~ ~e spnnkler; m c,rcu a g~ c osed lo,~p 3(, s;,~:c~3 ~h311 com?ly ~Kh (a) or (b} above 37 ExccF.:..m I Supe~'monofundcrgroundg~tzvalvcs~:tY, toa~.,~?boxz~kai:no:berelu::e,~ (l~4.1e i ~.~ 42 ((;) ~'xl i! {' '.alibi I)k'll 'IP}Y;A'4I)AI..AI{M ':" :'''"::' AGEND~TE~ SEP 2 !' 4 (~ Acl~v~uons of~hrm notlrlc~llon ~pphznc~s. wi~ z ~n~u~ of o~e zudzb]~v~stble ID~h~ncc 1o~1~ ~ (~) Emergency volc~lh~ co~umc~no~. 7 (h) Guard's tour su~so~ 8 (0 Pt~css momtonn~ su~r.'tso~ systc~. 9 0) Act~v~uon or off-prcm:sc~ s~ls. 13 SECTION 14 N~PA 101 - Code for S~fe~ to Life bom F~e ~ Buildings snd S~c~es. 1997 Edl~o~, is ~mended 15 as follows: 16 17 (A) CHAP~R ?BUILD~G SERVICE AN~ F~ PROLCON EQ~M~ 18 (1) flEXON 7-6 FI~ DE~ON, A~ ~ CON~CA~ON flY'MS 19 i) OC~PAN~ NO~FICA~ON 20 (a) Amend Subsection 7-6.3.6 to read ~ foHo~'s: 21 7-6.3.6 Audible ala~ non,canon appliances shmll be of such chancier and so dis~buted 22 be effea,,,'cb' heard above ~e average ambicn: sound level ~cu~g under no~a[ conditio~ of ~cupancy 23 R¢i:~r.t:al oc~upan:l~s: Audibl~ ala~ md~ca~n? devices shill b~ clearly zudibl~ ~ itl bt~ over background 25 mm~mum :~:me of seven~ (701 decibels in Lhe l~roximate center of ill be~ms 27 (2) SE~ION 7-7 AU%OS~C SP~E~ AN~ O~ER EX~'GDqSH~'G EQ~PMEN~ 28 i) SE~ON 7-7.4 ~L&NWAL EX~G~S~'G 29 (a} Amend Subsection 7-7 4.1~o read as follows: 34 35 SE~IO5 FOUR: REPEAL OF COLLIER CO~'~' O~IN~CE NO. 92-7l. 36 Ordman:e No 9..7. is hereby repenled m ia cn~c~ as ofLhe cffechve d~te of~li Ordinance 37 3fl SECTION FIVE: CONFI.ICT AND SE%~ILITY 39 In Ibc e~eng II,s Ordman:e confl~cls x~.l~ nny o~er Ordinance of Colhcr Count' or olher ~pDhcible h~. 41 44 SF:C'I'IO.N NIX' IN¢'IA'SI()N IN ~IE CODE OF I.AWS AND ORIIIN 4~, Co:her t',,u:,). I'h~rMa 'Ibc scch,m~oft/usOrdm~nce may ~ num',ere,l and rcl-,ere,1 :' SEP 22 1998 .. Co.'[tet Cm~r..'¥' I.'tte I~rc~,.t::,,t..! c,:.t Pto;c~':..~r. Code I SECI'ION SEVEN: EFFECTIVE DATE - I)EI.A~I~D 3 nol become cffccl~vc untd 6 00 At.~ on Iht ...... dayof , 1998. 4 5 PASSED AN~ DULY ADOP~D by ~e Board of~ ~ssioncn of 6 ~lher Count. Florida ~h~s day ot ., 1998. 8 A~ST: 9 D~GIIT E. BROC~ Clerk 10 I I ~LL~ CO~, ~O~A 12 13 By: By: 14 Depu~ Clerk B~ B. BEVY, 16 17 18 Approved as ~o fo~ and leg~l 20 21 ... ~ 22 ~omas C. Pa~er 23 Assisur.: Coun~ A~omey AGENDA ITEM 2 3 DIVISION 54 UUILDING BOARD OF ADJUSTS. tEN'TS AND APPEALS' 4 6 T '~de ~cfercnce--Buddmg constmctmn adrnimstrat~ve code. ~ 22.26 e~ seq 8 11 Sec. S.4. I. Establis~ent and pu~ose. 12 13 ~crc ~ hereby csublished a building ~zrd of :djus~cnu ~nd ap~al/. ~c p~se of~c bulldog ~rd or 14 adj~cn~ and ap~b is ~o provide a d~ision-m~kmg ~y ~ou~b w~cb ~ o~cr of ~ build~l or s~c~c, IS his duly au~o~d llcn~ ~y ,p~al ~c rcjccno~ or rctus~l or ~c ~ild~g o~ci~l Io ,pprove ~c ~c or 16 ~cr of co~ctio~ pro.sod to ~ followed or ~Icn~h ~o ~ ~ed ~ ~¢ c~o~ or nhcnfion of ~ bu~d~g I~ or s~c~c, or when i~ ~ ch~cd ~a~ ~c p~visio~ of ~c ~llicr ~ Sundud Duild~g ~c, ~llicr 18 Elcc~l ~c, ~llicr ~ F~c Prcvmfion ~c, ~lhcr Co~ Gu ~c. ~lBcr ~ Mccb~ol 19 ~l~ct ~ Pl~b~l ~c, or ~llict ~ S~l P~I ~c do not apply, or ~ ~ equally g~ or ~ more dcs~blc fo~ of co~cfio~ c~ ~ c~loycd m a s~cific ~c, or w~cu it ~ clawed ~t ~e ~c ~tcnt and 21 m:~g or such c~es or ~ny of ~c rc~hfiom ~crc~det h~vc ~c~ ~co~cd or ~ongly imc~rc~cd by 22 build~g o~cial. 24 Sec. 5.4.2. Powers and duties. 25 26 ~¢ build~g ~ard of adjus~enu and ap~als shall have ~e follo~g ~wcn and du~es: 27 28 5.4.2.1, To review and approve, wi~ or wi~om m~lRca~o~ or coadmo~, or deny an ap~al from a d~ioa of 29 ~e building o~cial ~ rcg~d Io a v~ance from ~c mode or m~ of co~c~o~ pro~sed lo ~ follow~ or 30 ~tnals to ~ used m ~e crcc~o~ or ahcnuon of a build~g or s~c~c, or whtu il is clawed ~at ~e provisio~ 31 of~c ~lhcr ~ S~d Building ~de, ~llier ~ Eltc~cal ~e, ~llicr ~ F~e Prcveu6oa 32 ~d¢, ~[licr ~ Gu ~e, ~llicr Co~ Mec~mcal ~de, ~Ui~ ~ Pl~b~g ~c, or ~[licr 33 ~n~ S~g P~I C~e do ~o~ apply or ~a~ an equally g~ or more dcs~ble fo~ ofco~c~oa ~ be 34 employed m any spcciRc case, or when it is cla~med bhal ~ ~c micro ~d mca~g of such buildm~ c~cs 35 Icc~cal codes or any of ~c rcgulano~s ~rcu~dcr have been ~scons~ed or ~Tongly ~lc~rctcd 37 5.4.2.2. To acc~t ap~als and rc~d~r dccmons pursuan: to m~rl~al a~ccmen~ ~cc~ ~llicr Co~' 38 L~cpcndent Fu-c dis~c~ which h~vc cnlcrtd into su:h 39 40 5.4.2.3. To recommend to ~c ~ard ofcoun~ com~:ssionc~ addmonal or amended ~lts orprocc~urc not 41 mconsis:cnl wi~ ~his division to govern ~c bmld:n~ bozrd o~ adjus~¢:~ and Irpczls' 42 43 5.4.2.4. To ~kc i~ special Lmowtcdgc and cxpcmsc available upon rcasa:abl¢ ~nncn requcs~ and auLho~tion of ~ ~¢ bo~d of co~' ¢o~ssloncrs ~o any o~c~al, dcpa~m, bo~r& com.m~ss~o~ or agency of ~c co~n~', s~c or 45 fede~l gove~enu 46 47 Sec. 5.4.3. Building ~lrd of ~djus~en~ ~nd appe~s membenhtp 49 5.4.3,1. Qullific~nons. A building bonrd of ndjus~enu ~nd ~p~ls sh~ll be com~sed of five reguh: momars 50 ~p~mtcd by ~e ~rd ofcoun~ co~ssioners ~e building ~d of Idjus~enu nnd ~ppe~Is sh~ll conmt of 51 mem~rs engaged m ~e following occupntmns who by rc~son of educ~aon, experience. ~nd ~owledge ~re deemed 52 to be compelent to sit m judgment on m~ncrs concerning ~e Colher CourtD. Sun.rd Building C~e. Colher 53 Coun~ Elec~c~l ~e, Coll~er Counw F~rc Prevenuon Code. C~lher Counw Gss C~e. Collier Coun~ 54 Code, Colhcr Coun~ Plumbing Code. ~nd Colher Coun~ Sw~g P~I C~e one s~e-hccnsed nr~h~lec~ or one 55 s~cmrnl engmeer~ one cllli A general con~ncmr, one st~te-cemfied fu~ v.otcclwe eqmpment con.helot 56 cemfled flrefigh~er w~ ~e ra~ of heu~en~m or higher or s~te cemfied fee s~feD, wa~ctor w~ ~e r~nk of 57 heutcnlnl or higher, one hccnsed elec~c~l con~clot, ~nd one hcensed plumbing ot mech~mcnl t~n~z~nr 58 members shall servc for a term of four years, except fm mma~ appointees who shall se~,e as follnws 59 of one year, two for a le~ ofiwo years, one for a term of ~ree years 60 62 63 l~ltc: members of Ibc budding board of adjustments and appeals shill conshmte a quorum In varv,n~ 65 {_'mmt~ I ~:c I'[c;ent.m Code. C.lhcr County G2q Code. Cnlher C'ounty Mecham:M C~Ic. C'~,Ihe: 1998 I . , u,,. , ~ ~ ....... appeal', and shall makr a I ll:e buddmg ofl-m~al shall ac! ms s¢crc:ar.' of th':. ~' ~ ~ n" b ~,a:~, of a.&:us ..... ~.~ and 6 Scc. 5.a 6. Gcncral pr~cdurc. ~ ~c buddm~ board of mdj~cn~ rand mppca[~ shall cs~blish ~Ics ~nd rc~ula~or.~ for m o~ pr~cd~c 9 mco~i$1cnl wi~ ~c provisions of ~c ~llicr Coun~ Buildm~ Code ~c buddm[ boird shill mcct ~m 15 diys 10 lflcr may amice oFlp~ml h~s ~cn received m order m hc~t such mppc~) 11 12 Sec 54l S~mndmrdmp~mipr~cdutc;~imcl~ii;fcc. 13 14 5.4.7.1. &~cncvcr [~c] build~l o~ciml shill reject or rc~c ~o mpprovc ~c mode or ~cr of co~cfion I S pro.sod m ~ followed or ~Ic~mls Io ~ ~cd m ~c crccllon o~ lhcr~tion of m build~t or s~c~c, or wbcn 16 cl~cd ~mt ~c provaio~ of ~llicr ~un~ S~d BuS)alit ~c, Collier ~ Elcc~l ~c, ~llicr 17 ~un~ F~c Prcvcn6on ~c, ~lli¢r ~un~ O~ ~c, Collier Coun~ Mcchmnicml ~, ~llicr lb Plumbmi ~¢ or ~llicr ~ S~l P~I ~e do no~ mpply, or ~mn ~ cqullly g~ or more dcs~blc 19 fo~ of co~cnon ~ ~ c~loycd ~ ~ny s~cific c~c, or when it is ch~cd ~m~ ~c ~c ~tcn~ ~d mc~l of 20 ~c Collier ~un~ S~a~d Build~B ~c, ~llicr ~ Elcc~cml OMc. ~lhcr ~ F~ P~v~6on 22 Sw~.~qg P~I ~c or lay oF~c rc~htio~ ~crcundcr hive ~cn ~sco~cd or ~ontly ~tc~rctc~ 23 o~cr of such buil~g or s~cmrc, or his duly ~u~onJcd m~cnL rely mppcil From ~c decision of ~c 24 hived ~umdicuon ~o ~c bulldog bolrd of ~djus~ca~ ~d mppcmis. Nonce of appeal sbllI bcm ~ ~d on 25 app:al fo~ provided by ~c sccrc~ of ~c buS)dig board Notice of appeal shall bc filed at ~c project review se~'~ccs sec~on of ~c dcvelopmeni se~ccs dcpa~cm w~,m 10 d~ys ~hcr ~c decmon lo ~ m~c~lcd is rcodcred bv t~c ~u~o~' h~ving j~d~ctio~ except as sci fo~.h m ~ ~:crlocal m~cemc:', lppeals pr~edure. A fee m mn am~ur, t :o bc scs by ~c bo~rd of county co~lss~or, crs shall ~:compan':' may such r.n:~cc of ~ppcal filed p~su~ ]i 547.2 In ~hc case of a build~g or s~crdre wb:h. t: bbc option °f Lg: ~u~honD' havm~ junsd~ch°n' is ~aFc °r dir.~:rous, ~h: ~u~on~ havmg j~i:non may, m a ~:n o:~: :a '~: o.~v, cr, lust ~c m~x~ ~e ~n~ for Ss: 5 4 S Int~rloca!agtcsmsntappcal 37 ~;: building boa:d of adjus~cnu and appca!s ~s hcrchy au;ho~2cd ~o ~:::7: z?T:~!s and r:ndct decisions thereon. r,xrsuan:~otn~crlocalag~cemcnubc~'ecnColh:rCoun~"andmXer<n?m f ~d ;mcB~h:rhhaveenteredino su:ha~rscmcnts.~cbas~sforsuchapp~alss~,21!btmsst:fo:2~mman~:n ---' - ~r:cmsn:. Wi~h regard to all o~er procedural rcqutrsmen~, su:~ arr:~', ~:', a?.sre to uS: standard 41 F:,:csdurc: and pohctes of u~e bu:!Jme bo~:,~ o, a..ju ....... 42 S*: 549 Dcc~sionsof~hebuildmgboardcfadjus~nUandarPe~Is 44 45 5 4.9.1. ~e buildmg board of adjus~cnu and arpcals, when so aprcaltJ :* and after a heard, my va a~rhcanon of any prov~ions of ~e Colh~r CounD Standard Bu:IJmg Cod~. Colhc: Comity Elecmcml C~t, Colhcr 47 County F;zc Prevention Code, Co!her Coumy Gas Co~¢, Collier Count) Mczhan;cal ~, Collier 49 uha: bbc enforcement ~ercof would do matures: mjusn:c, an~ ~ould be conxary ~o 2;c spit and p~s: of 50 code o: public intercs~ or when ~e building hoard det:~,mts that u~ ;n~s~retatmn of cbt au~ori~y havmg 51 ;ums.J:chon should be modified or 55 ~-:<: 2 ~c bufldmgboardofadjusm~:n:r, and ~ppeals shaft, in ¢~¢~ case, rr:sh~ ~::ls~on ~:hou:u~casor,~blr 55 57 apph:ab!: codes or to m~ffY an order of thc ouch°n:7 ha~ m~ lunsd':n'*n shall sPecff)m ~hat ma~cr such aH" ~':',',,' ' SEP 2 2 1998 I 3 110 VIOLATIONS AND PENALTIES 4 .5 If any person, I'tn'n. corporation, at other legal entity ,,,,.hethcr public or private, shall fail or rcfusc to obey or comply G with. or vmlates, any of thc provistons of ~h~s ordinance, such pesos, tu"m. corporation, or othcr legal cntlty .7 whether public or private, upon convicrion of such offense, shall be pua.~sbed by a Fmc not to exceed fivc-hun&cd S dollars (S-500.00) or by itnprisonnncnt not to exceed sixty (60) days in thc county jail, or both, in thc discretion of 9 thc court Each day of continued violanon or noncompl,zncc shall be considered ~s m separate offense, tn addi6on. I0 any person, fin'a, corporation, or other legal entity whether public or pnvste, convicted under thc provisions o~' this I 1 section shall pay all costs and expenses involved in the case 12 13 Nothlnlt hcrcLa conuined s~ll prevent the County from taking, such other la~qul action La any court at corr4~tent 14 jurisdiction as is necessary Io prevent or remedy my violatiot~. Such other lawful ruction sMII include, but dull not 15 be limited to, ~ny equitable mc6on for ~ajunctivc relier or motion mt law for cLtma~tcs. Thc Gotmty slatl lave the 16 power to collaterally enforce :he provisions of this Code and ordinance through the County Code Emrorcemcnt 1'7 Baud. 21 R FL.ad~[M.~BLE CObfllUSTIBL£ LIQUID STOIL~GE TA.\3.UG^S PERMIT FEES 23 I) FLAM.~.L&BLE OR COM~UST~LE TAb,'Keo - 24 2.5 Thc fcc for each flammable or combus6bl¢ liquid t.~"~.k shall be calculated mt $39.00 for thc fu's! 26 .5,000 gallons of gross water cmpaciv/of thc t,~.k and ~.a md&=onal $16.00 for each addifioml 2'1 20.00~ gallons of gross w, tct opacity of the tank or fr~rno= thereof. 28 29 2'~ LIQUEFIED PETROLELrM (L.P.) GAS 30 31 The pcrrrut fee for ~ank.s or tank systems greater fi, a= 2.:' gallon capacity or 100 pouncLs liquefied 32 petroleum (LP.) g~ capacity shall be $36 0O wit. h az ,.~.~mo=al S14.00 for each addi,~om~l 20,000 33 gallons of capacmb' or fraction thereof. 34 3.5 3) 'I'nc rms,?am gas pcrrmt fcc shall be 536.00 36 37 EXCEPTION: Pe..-m. ~rted installations t.ha: usc a ur,.',..,:xc..a,':ge service need not mpply for ]8 addmonal perrrats to exchange empty ta,"tk s fo; full t.'.-3.s ariz.' :a,'xk stze or sys~cm capacity is no: 39 41 S FIRE PREVENTION PER.M'IT FEES 42 43 qZe following fees shall be npg~hcable to each 45 1) For buil&,"..cs less than 75 feet m height at t,~: ea,.es :,he fee shall be $0.012 per squ,~re · :'6 foot of gross floor area 47 48 2) For buildings ?S fee! in height at th,:..:.aves or ~ghe:. t.he fee shall bc $0.O1'/pea square e9 foot of grass floor area 51 3) For Fire Spnnkler Systems. thc fee shall be $':, .~S ;~.": sprinkler head 52 53 4~ For exhaust hoods a rmmmum fee of S32 0,3 s".::l be assessed per hood 55 51 Fo~ Itond Suppressmn Sys~cms'S;'tay Extm.?_:;'.':~ne. 5~ stems the fee shall ~ $5 O0 per 56 sprinkler o: spray head 5'7 58 6) for F~e lt>d:nnls the fee shall b.,: 5?3 Gq fa? e::h mmsl mst.allarmn 5q bO 7) q'he n'~tmmum fire prevcntmn permit fee sha'.. 62 EX¢'EI'TIONS: SEP Z 2 1998 S40 ~ for fl~e second rc~pcchon, and S50.09 for L~e b~rd an~ each succcs~w¢ ~cms~cnon 3 6 3.2.~ ~.~, f:~rc h),dr~nt~. All hy~an~ sh~ll b¢ co~cclcd Io walcr syslc~ h~v~ng surflc~cnl stooge or emergency 7 pump~g/acilmcs Io provide rot ~e ~um Fac flows to ~ mamU~qed fo~ al least fo~ hou~ or ~e c~en~ 8 reco~¢ndahon of ~e ~afional F~e Under. lea, w~chever is ~reater, }{y~n~ shall bc placed on co--on 9 lines wi~ ~e approved right-of-way ~less o~e~¢ approved by ~e developmen~ se~ices ducclor p~uanl 10 section 3.2.?.2, 12 Hy~au shall be ~alled ~d placed ~ a ~er co~l~g ~ ~e re~emeau set fo~ m ~e latesl 13 ~PA No. 24 entitled "S~rd for ~c ~ullafioa of P~vate F~e Se~ice Ma~ and ~e~ App~ea~ces," 14 publ~btd by ~e ~aaonat F~e Prot~on As~b~o~ Hy~m to ~ ~ull~ ~ su~ivided Iou for ~ue 15 protcc~on p~oses shaU ~ evaluated d~ ~e site d~el~e~t pl~ review p~ess as requ~ed ~ di~ioa 3.3. 16 ~ose ~ullafio~ shall ~ ~ co.Ii.ce ~ ~e s~ set fo~ ~ ~e latest e~on or.PA 1141 eafi~ed "Stan~d for F~t Protcc~on ~ Pla~ed B~l~g ~u~.* 19 1. Residenaal laad developmcnL la oae- ~d ~sto~ laad d~'elopmen~ wi~ not more ~an tea dwelling 20 acre, flae hy~anu shall ~ ~acet: not ~eater ~ 5~ feel ap~ ~d sot more ~ 250 feet from ~¢ center og any 21 lot m ~e ~bd~visioa ~d shall ~ co~ed to ~ ao leu ~ s~ ~cbes ~ di~ete~. ~e system sball provide ~paci~ for F~e flows o~ at l¢~t ~ gallo~ ~r ~ute or ~t~, ~ ~¢~ m addison to ~ 23 demesne rcquaemeau at residual pr~es of sot less ~ 20 ~ per square ~ch ~]ess o~e~e requ~ed b) 24 bhe applicable F~¢ code. 2. Co~erciat, mdusmal, mulasto~ and m~ly developmeau. Fac by.au I~aled m ~ese areas shall bt 27 co~ec~ed ~o water ma~ no less ~ elgbt ~cbes ~ ~etet, ~ no c~se s~ll ~e spacing of hy~au be ~a~ ~ fee: a~an ~d n~t m~r~ ~ 2~ f~t fr~m ~ c~t~r ~f ~y ~t m ~e su~visi~n~ Hy~nt spa~g a~ 29 s~c s~all b: c~pable of provid~g walcr flows adequate to mcc: ~c rcquacmenu for ~c occupancy cl~s~fica~on 30 deFme~ L~ ~ht la:cs: edition of~e Na~on~l F~e ~c, VoI~e No. 6. published by ~h: Na~on~l FUe Protector, 31 Assoc~aaoa In no case shall ~hc flow be l:ss ~h~ 7~0 ~11o~ per ~u~¢ ~ Lhe res~du~l Fres~ure 32 per squa:c L~:h at ~e mos~ rcmo~e pou~t of dach~gc SEP 2 2 1998 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 93-66, THE COLLIER COUNTY SWIMMING POOL CODE. OBJECTIVE: To have the Board of County Commissioners approve an amendment to Ordinance 93-66, the Collier County Swimming Pool Code. CONSIDERATIONS: The Board of County Commissioners of Collier Count'/is authorized to enact and enforce regulations necessary for the protection of the public, including regulations regarding the construction of swimming pools, which resulted in the adoption of Ordinance 93-66. In order to continue to ensure the health, welfare, and safety of the public, steff is requesting that the Board of County Commissioners amend Ordinance 93-66 as follows: 1) By adopting the 1994 Edition of the Standard Swimming Pool Code as published by the Southern Building Code Congress International, Inc.; 2) Amending Section 304.1, Conformance Standard; 3) Amending Section 304.4 Piping to Heater; 4) Amending Section 306.3, Check Valves; 5) Amending Section 314.1 to update to 1994 Swimming Pool Code; 6) Deletion of the former Section 315.2.1.9; 7) Addition of a new Section 404.3.1 relating to main outlets. These proposed changes to Ordinance 93-66 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve an amendment to Ordinance 93-66,,~Co/~..,County Swimming Pool Code. PREPARED BY:/ ,v_..y' ~ -- DATE: ¢-/~- ¢' ~ J~nnie G~3h~rdt, Customer ,.;~,3wice Supervisor Building Re~w &xJ~h~r.J~ittin, g'O~t. REVIEWED DATE: ~- / Y, ~ Y Ed Ped~o~tr~ct~r B,~,Review & Permitting Dept. ~ Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services SEP 2 2 1998 1 ORDINANCE NO. 98 - __ 2 3 AN ORDINANCE AbIENDING COLLIER COUNWY a ORDINANCE NO. 93-66, BEING THE COLLIER COUNTY ~ SWIblMING POOL CODE, BY ADOPTING THE 1994 6 EDITION OF TIlE STANDARD SWD, U~LING POOL CODE; ? AMENDING SECTION 304.1, CONFORMANCE STANDARD; $ AMENDING SECTION 304.4 PIPING TO HEATER; 9 AMENDING SECTION 306.3, CHECK VALVES; AMENDING lo SECTION 314.1 TO UPDATE TO 1994 SW'I~DdlNG POOL 1~ CODE; DELETING ALL OF FOR~MER SECTION 315.2.1.9; 12 ADDING A NEW SECTION 404.3.1 RELATING TO MAIN 13 OUTLETS; PROVIDING FOR CONFLICT AND 14 SEVERABILITY; PROVIDING FOR INCLUSION INTO THE 15 CODE OF LAWS AND ORDINANCES; AND BY PROVIDING 16 .AN EFFECTD, rE DATE. 18 WHEREAS, Collier County is authorized to provide for the health, v.'elfare and 19 safety of its residents by enacting and enforcing regulations necessary for the protection of 20 the public including regulations regarding the construction of swimming pools: 21 WttEREAS, the Board of Count)' Commissioners finds that the regulation of the 22 construction of swimming pools is in the interest of the residents of Collier Cour, ty. 23 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 2.: COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance No. 93-66 25 is hereby Amended as follows: 26 27 SECTION ONE: ADOPTION OF STANDARD SWIblblING POOL CODE. 28 The Standard Swimming Pool Code, 1991 1994 Edition as published by the 29 Southern Building Code Congress International, Inc., and as amended herein, is adopted by 30 reference as the "Collier County Standard Swimming Pool Code" to protect the health. 31 safety., welfare, common interest, and convenience of the citizens, visitors, and residents of 32 Collier County, Florida. 33 SECTION TWO: AMENDMENTS TO CHAPTER ONE OF THE 1991 1994 34 EDITION OF THE STANDARD SWIM,lING POOL CODE 35 Chapter One, entitled "Administration" shall be deleted in its entirety and 36 administration of this Code shall be in a~cordance with Ce!!izr. 37 56, az a:'r.e::.ded, the Collier County Building Construction Administrative Code, 38 amended, which is incorporated herein by this ref¢~¢.ce. "o /7(~ SEP 2 1998 Words ~ are added; words ~ are deleted. ~ SECTION THREE: CHAPTER TWO OF THE ~ 1994 EDITION OF THE 2 STANDARD SV~'IMMING POOL CODE SHALL BE AFIENDED AS FOLLOWS: 3 Section 201.1, entitled "Tense, Gender and Number" is hereby amended to read as 4 follows: 5 For the purpose of this Code, certain abbrev/ations, terms, phrases, words, and their 6 derivatives, shall be construed as set forth in this section. Words used in the present tense ? include the future in thc masculine gender include the feminine and neuter. Words in the S feminine and neuter gender include the masculine. The singular number includes the plural 9 and the plural number includes the singular or pools with HRS. 10 SECTION FOUR: CHAPTER THREE OF THE Jdju~ 1994 EDITION OF THE 11 STANDARD SWIMMING POOL CODE SHALL BE AMENDED AS FOLLOWS: 12 Section 304.1, entitled "Conformance Standard" is hereby amended to read as 13 follows: 15 ,,xt;.: .... e,...~..~..rcr o.,~.~:~ S;;'~r,,,ming n^~,. ,, .~,..~ Ap,d] ~, l: Design. construction and workmanship shall be in conformi .ty with ANSI/NSPI-I 18 1991. Standard for Public Swimming Pools. ANSI/NSPI-4 1992. Standard for 19 Above-ground/on ~ound Residential Sw-imming Pools and NSPI-5. Standard for 20 Residential Swimming Pools. published by the National Spa and Pool institute. 21 other accepted en~neering practices and shall be part of such character as to secure 22 the results sought to be obtained by this Code and shall be on file at the Collier 23 County Building Department. 2n Section 304.4, entitled "Piping to Heater" is hereby amended to read as follows: 25 Water flow through the heater, any bypass plumbing installecL any bacg: 26 siphoning protection, and the use of heat sinks shall be done in accordance with the 27 manufacturer's recommendations. = SEP g 2 1998 Words ~ axe ~dded; words :~::~ '_~..-=;g~ ~te deleted. 5 Section 306.3, entitled "Ch~k Valves" is h~eby ~ded to r~d ~ follows: 6 ~ere check vflves ~e ~mll~ ~ey shall be of ~e ~g or venicfl check ? patterns. C~ .,~ .... ~. ~. ~r,~- -.~-g -~ ..... ' 8 Section 310.01 ~titl~, "~e Teg" is h~eby ~d~ to r~d m follows: 9 All pool piping shall be t~t~ before being cov~ or concealed ~der a 10 static water or air pressure test of not less ~ 35 psi for 15 minutes. ~] EXCEPTION: Circulating p~ps need not be tested ~ required in 12 this section. 13 Section 314.1, entilled "Elec~cal Wiring" is hereby added to ~e 1991 1994 ~a Edition of the St~dmd Swiping Pool Code. 15 314.1 "ELECT~C~ ~NG' ~6 Electrical wiring ~d equipm~t shall comply ~ ~e National Elec~c ;7 Code. ~is portion of ~y swimming pool cons~cfion requires ~e use of a IS licensed elec~cal con~ctor. A pool ~n~ctor ~ll pm~de ~e ~o~d on ~e ~9 bond bern md ~ound ~e ladd~, hm~l ~d li~t ~che(s) if~ey exist. ~e 20 pool conxactor shall also pro~Sde a ~8 solid copp~ ~und to ~e equipment bond. 21 ~e pool con,actor shall also pm~de a ~8 solid copper ~d to ~e screen, fence 22 or posts ~ required for ~e almm con~ctor to t~inate ~ a bond. 23 Section 315.2.1.9 is h~eby delet~ ~ iu ~fire~ ~ follows: 2~ u~..~ ~ .... u ~r: dwelling :~.'~ ~ p~ ~c ..... r.~. r~. .... :~ ~hall ...................................................... ~-.~L ITEM 3 Wor~~~eadded; wor~:~::~:~:g;~del~ed. SEP 2 2 1998 11 Section 316 entitled "hadd~ ~d H~d~ls" is h~eby ~ded ~o read ~ follows: 12 316.1 All pools ov~ five feet (5') in d~ at ~e m~n ~in shall be 13 provided with ~y combination of~o (2) ladder(s), sets(s), or recessed ~eads, or 1~ under'stet seat benchc;~swimouts ne~ opposite ends of ~e pool for en~/exil. 1~ ~ere the water d~ths ~e ~en~ fo~ inches (24'~ or less at ~e pool wall, such 16 ~e~ shall be consid~ed ~ pro~ding ~eir o~ nail mode for ~/exit. All 17 pools five feet (5') in d~ ~d less at ~e main ~n r~uire a miMmm of one is ent~/exit located at ~)' point ~o~d ~e perimeter. All ~eads shall have slip- 19 resisting s~aces. For pools over thi~ feet (30') in ~d~, bo~ sides of the deep 20 poHions of the pool shall have ~e~exit prodded. H~ails may be used in 21 conjunction with st~s, but ~ey ~e not m~dato~. St~s shall have a m~imm 22 riser of ~'elve inches (12') ~d a ~mm ~ead often inches (10"). 23 316.2 M~ufac~ed di~ng ~uipment shall be desi~ for swiping 24 pool use ~d shall be installed in acco~ce ~th ~e m~ufac~er's 25 reco~endations. Di~ng ~uipment m~ufac~m shall pm~de ~mllatio~ 26 inst~ctions ~d specifications ~ e<h ~t. 27 316.3 Swiping pool sfides c~ be u$~ ~d Ms~ll~ ~ s~ct acccM~ce 28 with the Mst~tions prodded ~ e<h ~t by ~e m~ufac~. 29 Section 317, entitled "Final ~<tion" shall be ~end~ to read ~ foil, AGEND NO. ' SEP 2 2 1998 All swimming pools shall be completely finished with the exception of 2 marcite, before final inspection. ~ 3 SECTION FIVE: CHAPTER 4 OF THE 1991 1994 EDITION OF THE ST,Mh'DARD 4 SYVIMblING POOL CODE SHALL BE AM'ENDED AS FOLLOWS: 5 Section 404.2. entitled "Skimmers" shall be amended to rrad as follows: 6 A surface skimming system shall be provided and shall be designed and ? construction to skim the pool surface when the water level is maintained within the 8 operational parameters of the system's rim or weir device. Skimming devices shall 9 be designed and installed as not to constitute a hazard to thc bather. Where 10 automatic surface skimmers are used as the sole overflow system, at least one (1) 11 surface skimmer shall be provided for each eight hundred (800) square feet or 12 fraction thereof of the water surface area. 13 Section 404.3.1 Main Outlet. 14 The main outlet shall have either a cover or gT/ll of anti-vortex _type. or have I5 two or more main outlets with flush cover or _m-itl. each with a minimum diameter 16 of each not less than 7 inches and spaced a minimum of four (4) feet on center. 17 Section 404.4, entitled "Hydrostatic Relief Device" shall be amended to read as 1 $ follows: 19 The main drain outlet shall be provided at the deepest point in every pool 20 for emptying and circulation. A permanent well point fitting shall be provided 27 w ell' pmnr sfiail' 5e promdleff outmd~ tile structural Foot' stbnl' ff~r relrar am' set* ti.qr. 23 Section 404.5, entitled "Inlet Fittings" shall be amended to read as follt, ws: 24 Approved manufactured inlet fittings for the return of recirculatol po,.,: 25 water shall be provided on the basis of at least two per 15,000 gal. of pool cap ecib'. ( 26 Such inlet fitting shall be designed and constructed to ensure an adequate seal to the 27 pool structure and shall incorporate a convenient means of sealing for pressure 28 testing of the pool circulation piping. Where more than one inlet is required the 29 shortest distance between any two required inlets shall be at lea.st 6 ft. 30 No. ~ SEP 2 2 1998 Words ~ art Added; words ~ ~re deleted. 2 in the event this Ordinance conflicts with any other ordinance of Collier County or 3 other applicable ]aw, the more re~n4ctive shall apply. If any phrase or portion of this 4 ordinance is held invalid or unconstitutional by any court ofcompeten! jurisdiction, such 5 portion shah be deemed ~ separate, distinct, and independent provision and such holding 6 shall not affect the validity of the remaining portion. 7 8 SECTION SEVEN: INCLUSION IN THE CODE OF LAWS A2'qD 9 ORDINANCES. 1o I l The provisions of this Ordinance shall become and be made a pa.rt of the Code of 12 Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be 13 renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to 14 "Section," "Article," or any other appropriate word. 15 SECTION EIGHT: EFFECTIVE DATE. 16 This Ordinance shall become effective upon receipt of notice from the Secretary of l? State that this Ordinance has been filed with the Secretary of State. 18 19 PASSED AND DULY ADOPTED by the Board of County Commissioners of Co!lit r 20 2~ County, Florida, this day of ,1998. 22 23 ATTEST: 24 25 DWIGHT E. BROCFL Clerk BOARD OF COU,~TY CONfMISSIONERS 26 OF COLLIER COUNTY, FLORIL'A 25 By: By: 29 Deputy Clerk BARBARA B. BERRY, Chairman 30 31 32 Approved as to form and 33 legal sufficiency: 34 36 . ~[~ (' . 31 Thomas C. Palmer 38 Assistant County Attorney 39 40 6 SEP 2 2 1998 Words ~ are added; words :~.::k '..~-::;gh are deleted. EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 96-83, THE COLLIER COUNTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE. OBJECTIVE: To have '.he Board of County Commissioners approve an amendment to Ordinance 96-83, the Collier County Building Construction Administrative Code. CONSIDERATIONS: The Board of County Commissioners of Collier County is authorized under Section 553.73/4)(a) of the Florida Statutes to make local amendments to its building codes provided they are no less stringent than the State minimum codes. With the adoption of the 1997 Standard Building Code by the State of Florida as the minimum building code, it is necessary for Collier County to amend Ordinance 96-83 to incorporate the changes contained in the 1997 Standard Building Code; and further, to amend Ordinance 96-83 to include an increase in the value of electrical repairs that can be made without a permit, an increase to the voltages of electrical installation plans that must be prepared by or sealed by a professional engineer, and an amendment to Subsection 105.6(e)(1) regarding rough piping inspections. These proposed changes to Ordinance 96-83 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: There could be a decrease to revenues in Fund 113 (Community Development Services) due to the increase in the threshold amount of electrical repairs needing a permit; however, that decrease should be negligible. RECOMMENDATION: That the Board of County Commissioners approve an amendment to Ordinance 96-83, theC_0~li~r County Building Construction Administrative Code. PREPARED BY:,[' -"'"~'-~'--~- DATE: ' r Johnnie Gebhardt, Customer Service Supemso REVIEWED BY:_ ..~_~?/--:-~'~r) DATE: Ed Pedco, Di/~:,ctor APPROVED BY:L""'J//~_ ~'' ~'"'~ DATE: ~ ''~/~ "~'_~ Vincent A. CaD'ere, AICP, Administrator Community Development and Environmental Services AGEND~..IT[N S EP 2 2 1998 .~ ORDINANCE NO. 98-__ 3 COLLIER COUNTY BUILDIN~ CONSTRUCTION ADMINISTRATIVE CODE 6 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 7 96-83 BEING THE COLLIER COUNTY BUILDING 8 CONSTRUCTION ADMINISTRATIVE CODE, FOR THE GAS, 9 MECHANICAL, PLUMBING, ELECTRICAL, FIRE, SWIMMING 10 POOL, AND BUILDING CODES FOR THE UNINCORPORATED II AREA OF COLLIER COUNTY, FLORIDA; AMENDING ~2 SUBSECTION 104.1.1 TO INCREASE DOLLAR AMOUNT FOR ~3 THRESHOLD FOR REQUIRED ELECTRICAL PERMITS; AMENDING 1~ SECTION 105.6(e) (1) REGARDING ROUGH PIPING l~ INSPECTION; PROVIDING FOR CONFLICT AND 16 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE 17 OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE 18 DATE. 19 20 WHEREAS, Section 553.73(4) (a), Florida Statutes, authorizes 2! Florida counties to make local amendments to its building codes 22 provided they are not less stringent than the State minimum codes; 23 and 25 WHEREAS, the State of Florida has now adopted the ~ 199! 26 Standard Building Code as the minimum building code; and 27 28 ~qEREAS, this Ordinance increases the value of repairs that 29 can be made without a permit from $200.00 to $400.00; and 30 31 WHEREAS, this Ordinance amends Subsection 104.2.3.1 to 32 increase the voltages of electrical installation plans that must be 33 prepared by or sealed by a professional engineer; and 35 ~-HEREAS, this Ordinance amends Subsection 105.6(e) (1} 36 regarding rough piping inspections; 37 38 NOW, THEREFORE, BE IT ORDAINED BY ~E BOARD OF COUNTY 39 CO!.~MISSiONERS OF COLLIER COUNTY, FLORIDA that: 41 SECTION ONE: SECTION ONE OF THE COLLIER COUNTY BUILDING 42 CONSTRUCTION ADMINISTRATIVE CODE IS HEREBY AMENDED AS FOLLOWS: 43 44 101 TITLE AND SCOPE 46 101.1 Puz-pose. 47 (a) The purpose of this Code is to provide for the administration 48 and enforcement of the Standard Codes, which include the Building, 49 Gas, Mechanical, Plu~ing, and Swimming Pool Codes, and the ~0 National Fire Codes, which include the Electric, the Life Safety ~1 and the other Fire Codes, hereinafter referred to collectively as 52 the "technical Codes," as may be adopted by the State or Collier 53 County. ~4 55 (b) It is the intent of this Ordinance to establish and adopt a 56 single ordinance uniformly addressing the non-technical and ~7 administrative requirements of all the specified technical Code 58 ordinances. This Ordinance language is taken by permission from 59 the Southern Building Code Congress International's Codes, 60 specifically Chapter One of the 19~ 1997 Edition. 6! 62 (c) It is the intent of this Ordinance to provide the mechanism to 63 respond more quickly to the technical changes made by the State of 6~ Florida by removing administrative material from within the various 65 technical Codes. The legislature of the State of Florida has in 66 the past adopted annually the most current edition or revision of 67 the Standard Codes as published by the Southern Building Code 68 Congress. The administrative portions of those codes have been 69 deleted by the individual Collier County technical ordinances and Words e<~eR-~-~"~~ are deleted; words ~ are ,dd~Ep ~ 2 1998 ! this Ordinance is referenced in each of said ordinances for 2 administrative functions to be applied thereto. 3 6 101.2 Title 7 The following shall constitute and be known and be cited as "The 8 Collier County Construction Administrative Code" hereinafter 9 referred to as "this Code." 10 ~I 101.3 Code Remedial ]2 101.3.1 General. This Code is remedial and shall be constru:-d to ]3 secure the beneficial interests and purposes thereof, which are ]4 public safety, health, and general welfare, through and by means of ~ structural strength, stability, sanitation, adequate light and 16 ventilation, and safety to life and property from fire and other 17 hazards attributed to the construction environment, including 18 alteration, repair, removal, demolition, use and occupancy of ]9 buildings, structures, and other premises, and by regulating the 20 installation and maintenance of all electrical, gas, mechanical, 2] and plumbing systems, which are be referred to as service systems. 22 23 101.3.2 Quality Control. Quality control of materials and 2~ workmanship is not within the purview of the technical Codes except 25 as it relates to the purposes stated therein. 26 27 101.3.3 Permitting and Inspection. The permitting or inspection 28 of any building, system or plan by Collier Couqty, under the 29 requirements of this Code, shall not be construed in any court or 30 otherwise as a warranty of the physical condition or adequacy of 3] any such building, system or plan. Collier County and employees 32 thereof shall not be liable in tort or otherwise for damages for 33 any defect or hazardous or illegal condition or inadequacy in any 3~ such building, system or plan, nor for any failure of any component 35 of such, which may occur before, during or subsequent to any such 36 inspection or permitting. 37 38 101.4 Scope 39 101.4.1 Applicability: 40 4] 101.4.2 Building - The provisions of the Standard Building Code 42 shall apply to the construction, alteration, repair equipment, use 43 and occupancy, location, maintenance, removal and demolition, of ~4 every building or structure or any appurtenances connected with or 45 attached to any such buildings or structures. 47 101.4.3 Electrical - The provisions of the National Electrical Code 48 shall apply to the installation of electrical systems, including 49 alterations, repairs, replacement, equipment, appliances, fixtures, ~0 fittings and appurtenances thereto. $2 101.4.4 Gas The provisions of the Standard Gas Code and the J3 National Gas Code shall apply to the installation of consumer's gas ~4 piping, gas appliances and related accessories as covered by such ~5 Codes. These requirements apply to gas piping systems extending 56 from the point of delivery to the inlet connections of appliances, 57 and the installation and operation of residential and commercial ~8 gas appliances and related accessories. 60 101.4.5 Mechanical - The provisions of the Standard Mechanical Code 6] shall apply to the installation of mechanical systems, including 62 alterations, repairs, replacement, equipment, appliances, fixtures, 63 fittings and/or appurtenances, including ventilating, heating, ~ cooling, air conditioning and refrigeration systems, incinerators, 65 and other energy-related systems. 66 67 101.4.6 Plumbing - The provisions of the Standard Plumbing Code 68 shall A~ENDA IT NO Words struck ........ ~,..~u.. are deleted; words underlined are al [delep 2 2 1998 I apply to every plumbing installation, including alterations, 2 repairs, replacement, equipment, appliances, fixtures, fitti:,gs and 3 appurtenances. ~ 101.4.7 Federal And State Authority. Neither the provisions of 6 this Code nor the technical Codes shall deprive any Federal or 7 State agency, or any applicable governing authority having ~ jurisdiction, of any power or authority which it had on the 9 effective date of this Code and/or each respective technical Code I0 nor of any remedy then or thereafter existing for the enforcement 11 of its orders, nor shall it deprive any individual or corporation 12 of its legal rights as provided by law. 14 101.4.8 Appendices. To be enforceable or otherwise applicable, IS the appendices included in each technical Code must be specifically 16 included in its adopting ordinance. 17 lB 101.4.9 Referenced Standards. Standards referenced in the 19 technical Codes shall be considered an integral part of the Codes 20 without separate adoption. If specific portions of a standard are 11 denoted by Code text, only those portions of the standard shall be 22 applicable and enforced. Where Code provisions conflict with a 23 standard, the Code provisions shall be applicable and enforced. 24 Permissive and/or advisory provisions in a standard shall not be 2~ construed as being mandatory. 26 27 101.4.9.1 Fire - The provisions of the National Fire Code shall 28 apply to the construction, alteration, repair, equipment, use and 29 occupancy, location and maintenance of every building or structure, 30 or any appurtenances connected with or attached to such buildings 31 or structures. 32 33 Further, the Fire Code shall apply to the installation of 34 mechanical and fire protection systems, including alterations, 35 repairs, replacement, equipment, appliances, fixtures, fittings 36 and/or appurtenances, including ventilating, heating, cooling, air 37 conditioning and incinerators, and fire related systems or 3~ installations. 40 101.4.9.2 Swimming Pool - The provisions of the Standard Swimming ~l Pool Ccde shall apply to every pool installation, including ~2 alterations, repairs, replacement, equipment, appliances, fixtures, 43 fittings and appurtenances. ~5 101.4.10 Maintenance. All buildings, structures, electrical, gas, 46 mechanical, plumbing, and fire protection systems, both existing ~7 and new, and all parts thereof, shall be maintained in a safe and ~ sanitary condition. All devices or safeguards which are required 49 by the technical Codes when constructed, altered, or repaired, ~0 shall be maintained in good working order. The owner, or owner's. ~1 designated agent, shall be responsible for the maintenance of 52 buildings, structures, electrical, gas, mechanical, fire and S3 plumbing and all other applicable systems. 5S 102.1 BUILDING OFFICIAL - The term Building Official in this S6 Ordinance is not a job title, but includes those persons with the 57 authority to act on specific items involved in the permitting SS process, plan review, compliance inspections and/or investigations. 59 Any person(s) occupying the position of Building Official as 60 designated hereafter shall be considered the local Building 6~ Official as referenced in Chapter 553.73, Florida Statute. 62 63 102.1.1 Building Official Qualifications. The Building Official 64 shall have at least 10 years experience or equivalent as an 65 architect, engineer, inspector, contractor, or superintendent'of 66 construction, or any combination of these, 5 years of which shall 67 have been in responsible charge of work. The Building Official shall 63 be certified as a Building Official through a recognized 69 certification program. 70 -3- are wor , n erl eU are ] 102.2.5 Plans Ex~minsr Quelific&tions. The Building Official with 2 the approval of the applicable governing authority, may designate 3 plans examiners to administer the provisions of the Building, 4 Electrical, Fire, Gas, Mechanical and Plumbing Codes. The Plans 5 Examiners shall serve as the technical Code Officials for the 6 Building, Electrical, Gas, Mechanical, Plumbing, and Fire Codes. 7 Each shall have at least 10 years experience or equivalent, as an 8 architect, engineer, inspector, contractor, or superintendent of 9 construction, or any combination of these, for 5 years of which shall 10 have been in responsible charge of the work. Each shall be certified ]1 as required by Collier County and the State of Florida. ~2 [3 102.2.2 Chief Inspector Qualifications. The Building Official shall 14 appoint a Chief Structural, Chief Plumbing/Mechanical, and Chief ]5 Electrical Inspector to administer the provisions of the Structural, 16 Electrical, Gas, Mechanical and Plumbing Codes. Each shall also be 17 responsible for the supervision of the plan reviewers and inspectors ~8 of their discipline. Minimum qualifications for a Chief Inspector 19 shall be as follows: minimum 10 years experience as an architect, 20 engineer, building construction inspector, contractor in structural 2! trades, plumbing, mechanical, or electrical, or superintendent of 22 construction, or any combination of these, for 5 years of which shall 2] have been in responsible charge of the work. Each shall be certified 24 as a State of Florida Building Inspector and Plans Examiner and shall 25 possess a current State of Florida, municipal, or County Master 26 Plumber, Master Electrician, Mechanical or Class B Contractor's 27 License for the discipline for which he or she will supervise. The 28 Chief Inspectors shall serve as the Technical Code Officials for the 29 Building, Electrical, Gas, Mechanical, Plumbing, and Fire Codes. The 30 Chief Inspectors shall be responsible to the Bdilding Official or his 31 designee. 32 33 102.2.3 Inspector Qualifications. The Building Official shall 34 appoint Building, Plumbing, Mechanical, Electrical, and Fire Code 35 Inspectors in the numbers as authorized by Board of County 36 Commissioners. No person shall be appointed as inspector of 37 construction or fire inspector who has not had at least 5 years 38 experience as a Structural, Plumbing, Mechanical, Electrical or Fi 39 Code inspector, engineer, architect, or as a superintendent, 40 or competent mechanic in charge of construction. The individual 4~ appointed must possess a current Master Plumber, Master Electrician, 42 Mechanical, or Class B Contractor's License. The individual 43 appointed must become licensed as a regular inspector by the State of ~ Florida Department of Professional Regulation within 12 months of 45 appointment as an inspector. The appointment may be made on the 46 basis of an approved certification in the appropriate trade 47 (plumbing, mechanical, electrical, building, fire) and demonstrated 4~ competence as observed by the Building Official or his designee. 49 Specific certification shall be required for any category of building 50 inspectors in order to perform all inspections required of 5~ residential construction up to two dwelling units. 53 102.2.4 Deputy Building Official. The Building Official may 54 designate as his deputy an employee in the department who shall, 55 during the absence or disability of the Building Official, exercise 56 all the powers of the Building Official. The Deputy Building 57 Official should have the minimum qualifications listed for the Chief 5~ Inspector. 60 102.3 Rsstrictions on Employee~. An employee connected with the 6~ department, except one whose only connection is as a member of the 62 board established by this Code, shall not be financially interested 63 in the furnishing of labor, material or appliances for the ~ construction, alteration, or maintenance of a building, structure, 65 service, system, or in the making of plans or of specifications 66 thereof, unless he is the owner of such. No such employee shall 67 engage in any cther work which is inconsistent with his duties or is 6~ in conflict with the interests of the department. 69 70 102.4 Records. The Building Official shall keep, or cause to be 71 kept, a record of the business of the department. Exc~--~ ~?~ -4- Words struck thrcu~B are deleted; words underline~ are ~de~[~ ~ ~ ]998 ~ otherwise specified by Florida Statutes, including the Public Records 2 .Law, all records of the department shall be open to public 3 inspection. 5 102.5 Liability. No county employee nor any member of the Board of 6 Adjustments and Appeals, charged with the enforcement of this Code or 7 any technical Code, acting for the applicable governing authority in $ the discharge of such duties, shall thereby render himself personally 9 liable, and is hereby relieved from all personal liability for any ~0 damage that may accrue to persons or property as a result of any act l! required or permitted in the discharge of such duties. Any suit 12 brought against any employee or member because of such act performed ~3 by him in the enforcement of any provision of this Code or any 14 technical Code shall be defended by the County Attorney until the ~5 final termination of the proceedings. 16 37 102.6 Rmports. The Building Official shall submit annually a report 18 covering the work of the preceding year. He may incorporate in said ~9 report a summary of the decisions of the Board of Adjustments and 20 Appeals during said year. 2~ 22 103 POWERS A_ND DUTIES OF THE BUILDING OFFICIAL 23 103.1 General 24 The Building Official is hereby authorized and directed to enforce 25 the provisions of this Code and the technical Codes. The Building 26 Official is further authorized to render interpretations of these 27 Codes, which are consistent with their spirit and purpose. 29 103.2 Right of Entry 30 103.2.1 whenever necessary to make an inspection to enforce any of 3] the provisions of this Code or the technical Codes, or whenever the 32 Building Official has reasonable cause to believe that there exists 33 in any building or upon any premises any condition or code violation 3~ which makes such building, structure, premises, electrical, gas, 35 mechanical, plumbing or fire systems unsafe, dangerous or hazardous, 36 the Building Official may enter such building, structure or premises 37 at all reasonable times to inspect the same or to perform any duty 38 imposed upon the Building Official by this Code, provided that if 3q such building or premises is occupied, he shall first present proper 40 credentials and request entry. If such building, structure, or al premises is unoccupied, he shall first make a reasonable effort to 42 locate the owner or other persons having charge or control of such 43 and recuest entry. If entry is refused, the Building Official shall 4: have r~course to every means provided by law to secure entry. ~6 103.2.2 when the Building Official shall have first obtained a ~? proper inspection warrant or other means provided by law to secure ~8 entry, no owner or occupant or any other persons having charge, care 49 or control of any building, structure, or premises shall fail or ~O neglect, after proper request is made as herein provided, tO promptly 51 Dead-mit entry therein by the Building Official for the purpose of $2 ~nspec~ion and examination pursuant to this Code. ~ 103.3 Stop work Orders ~ Upon notice from the Building Official, work on any building, 56 structure, electrical, gas, mechanical, plumbing or fire system that ~? is being done contrary to any provision of this Code or the technical 5~ Codes, or in a dangerous or unsafe manner, shall immediately cease. ~g Such notice shall be in writing and shall be given to the owner of 60 the property, or to his agent, or to the person doing the work, and 6! shall state the conditions under which work may be resumed. Where an 62 emergency exists, the Building Official shall not be required to give 6~ a written notice prior to stopping the work. 6~ 103.4 Revocation of Permit~ 66 103.4.1 Misrepresentation of Application. The Building Official may 67 revoke a permit or approval, issued under the provisions of this Code 6~ or the technical Codes in case there has been any false statement or 69 misrepresentation as to the material fact in the appl ...... *~D;D~f~-~'- 70 on which the permit or approval was based. N~...~..~ Words ~ are deleted; words ~ are ~de~ ~ ~ 1§95 I 2 103.4.2 Violation of Code Provisions, The Building Official may 3 revoke a permit upon determination by the Building Official that the 4 construction, erection, alteration, repair, moving, demolition, ~ installation or replacement of the building, structure, electrical, 6 gas, mechanical, plumbing or fire systems for which the permit was 7 issued is in violation of, or not in conformity with, any provisic ~ of this Code or the technical Codes. 9 10 103.5 Safety 1I 103.5.1 Unsafe Buildings or Systems 12 All buildings, structures, electrical, gas, mechanical or plumbing 13 systems which are unsafe, unsanitary, or do not provide adequate ~4 egress, or which constitute a fire hazard, or are otherwise l~ dangerous to human life, or which in relation to existing use, )6 constitute a hazard to safety or health, are considered unsafe l? buildings cr service systems. All such unsafe buildings, structures 1~ or service systems are hereby declared illegal and shall be abated by 19 repair and rehabilitation or by demolition in accordance with ~he 20 prcvlsions of Ordinance No. 76-70 as amended or superseded. 21 22 103.5.2 Physical Safety 23 Where pool construction commences prior to occupancy certification of 24 a one or two family dwelling unit on the same property, the fence or 2~ enclosure required shall be in place at the time of final building 26 inspection. The final pool inspection shall be satisfactorily 27 completed prior to issuance of the dwelling unit's Certificate of 28 Occupancy. 29 30 Where pocl construction is commenced after occupancy certification of 3I a one or two family dwelling unit on the same property, the fence or 32 enclosure required shall be in place prior to filling of the pool 3~ unless during the period commencing with filling of the pool and 34 ending with completion of the required fence or enclosure, temporary 35 fencing or an approved substitute shall be in place. Failure to call 36 for a final pool inspection within thirty (30) days of filling the 37 pool shall result in an inspection rejection. 39 103.6 Requirements Not Covered by Code ~0 Any requirements necessary for the strength, stability or proper ~ operation of an existing or proposed building, structure, electrical, ~2 gas, mechanical or plumbing system, or for the public safety, health ~3 and general welfare, not specifically covered by this Code or the ~ technical Codes, shall be determined by the Building Official. 46 103.7 Alternate Materials and Methods 47 The provisions of the technical Codes are not intended to prevent the 48 use of any material or method of construction not specifically 49 prescribed by them, provided any such alternate has been reviewed by 50 the Building Official. The Building Official shall approve any such 5[ alternate, provided the Building Official finds that the alternate 52 for the purpose intended is at least the equivalent of that 53 prescribed in the technical Codes, in quality, strength, 54 effectiveness, fire resistance, durability and safety. The Building ~ O,f,c~al shall require that sufficient evidence or proof be submitted 56 to substantiate any claim made regarding the alternate. 58 104 PERMITS 60 104.1 Permit Application 6~ 104.1.1 When required. A.ny owner, authorized agent, or contractor 62 who desires to construct, enlarge, alter, repair, move, demolish, or 63 change the occupancy of a building or structure, or to erect, 64 install, enlarge, alter, repair, remove, convert or replace any 65 electrical, gas, mechanical, plumbing or fire system, the 66 installation of which is regulated by the technical Codes, or to 67 cause any such work to be done, shall first make application to the 68 Building Official and obtain the required permit for the work. 69 70 EXCEPTIONS: The following situations do not require -6- Words struck through are deleted; words underlined are a< deds~ ~ inspections may De re~ulred. 2 3 When permits or fees are not required, the construction shall comply 4 with all County codes and ordinances. 6 If inspections are required by the Building Official or requested by ? the applicant the appropriate fees shall be paid. 8 BUILDING PEP. MIT FEES 9 10 Valuation of construction of less than seven hundred fifty ~ dollars ($750.00) does not require a permit, unless specifically ~2 re~ired by an ordinance or fee resolution. 13 14 EXCEPTION: All work involving structural components and/or fire 15 rated assemblies require permits and inspections regardless of 16 construction cost. 18 ELECTRICAL PERMIT FEES ~9 20 Ordinary repairs limited to¥,vv.~v ...... $400.0~ value or less may be 21 made without a permit. Repairs must comply with all County 22 codes and ordinances. If inspections are required by the 23 Building Official or requested by the applicant the appropriate 24 fees shall be paid. 26 M~CHA2qICAL PERMIT FEES 27 28 I. Any portable heating appliance; 29 2. Any portable ventilation equipment; 30 3. ~ny portable cooling unit; 3I 4. Any steam, ho~ or chilled water piping within any heating or ]2 cooling equipment regulated by this Code; 33 5. Replacement of any part which does not alter its approval or 34 make it unsafe; 3~ 6. Any portable evaporative cooler; 36 7. ~ny self-contained refrigeration system containing 10 lb. or 37 less cf refrigerant and actuated by motors of 1 horsepower 3~ or less. 39 ~0 GAS PERMIT FEES 42 LIQUEFIED PETROLEUM. {L.P.) GAS - ~ Tanks or tank systems less than or equal to 24 gallon capacity 45 or lC0 pounds of liquefied petroleum (L.P.) gas. 47 Permitted installations that use a tank exchange service need 48 not apply for additional permits to exchange empty tanks for ~9 full tanks if the tank size or system capacity is not ~ncreased. 5~ FIRE PREVENTION PERMIT FEES 53 Detached one and two family dwellings are exe.npt from Collier 54 County fire prevention permit fees. 55 56 Note: Independent fire districts may have impact fees 57 established through the State Legislature. 59 Permits that do not present a fire protection co~.cern; i.e., 60 swimming pools, concrete decks, radio transmi~sxon towers, etc., 6] are exempt from fire prevention permit fees. 62 63 104.1.3 Work Authorized. A building, structure, electrical, gas, ~ mechanical, plumbing or fire permit shall carry with it the right to 65 construct or install the work, provided the same are shown on the 66 drawings and set forth in the specifications filed with the 67 application for the permit. Where these are not shown on the 68 drawings and covered by the specifications submitted with the 69 application, separate permits shall be required. 70 AGE~O~. No Words ~ are deleted; words underlined are 2 ]998 1 104.1.4 Minor Repairs. Ordinary minor repairs may be made wltn the 2 approval of the Building official without a permit, provided that 3 such repairs shall not violate any of the provisions of the technical ~ Codes and subject to; 1) owners or representatives written ~ permission, 2) no inspection is required, and 3) the work is done by 6 the owner or licensed contractor. 7 ~ 104.1.5 Infoz-mation ReqUired. 9 (a) Each application for a permit, with the required fee, shall be I0 filed with the Building Official on a form furnished for that ~1 purpose, and shall contain a general description of the proposed work 12 and its location. The application shall be signed by the owner, c~r 13 his authorized agent. The signature shall be notarized. The building 14 permit application shall indicate the proposed occupancy of all parts 15 of the building and of that portion of the site or lot, if any, not 16 covered by the building or structure, and shall contain such other 17 information as may be required by the Building Official. (See 104.2 lB concerning drawings and specifications.) 20 (b) As a prerequisite to obtaining and retaining a valid building 21 permit, the permittee and the electrical, plumbing, mechanical, 22 ~oofing and sheet metal contractor, if any, shall sign the permit 23 application. The Building Official will list this information on 24 permit inspection job card to be posted by the permittee at the site 25 of the work. 26 27 (c) The permittee shall provide the Building Official with a revised 22 affidavit should any of the information provided in the permit 29 application change. If the subcontractor will no longer provide the 30 services indicated on the permit, the permitte~ must provide a 31 notarized letter from the replacement subcontractor stating that they 32 are now the subcontractor of record on the building permit. 33 34 104.1.5.1 Prohibited Activities Prior to Permit Issuance. A 35 building permit (or other written site specific work authorization 36 such as for excavation, tree removal, well construction, approved 3? site development plan, filling, revegetation, etc.) shall have been 32 issued prior to the commencement of work at the site. Activities 39 prohibited prior to permit issuance shall include, but are not 40 limited to, excavation, pile driving (excluding test piling), wel ~ drilling, formwork or falsework, placement of building materials, 42 e~uipment or accessory structures and disturbance or removal of ~3 protected species or habitat. Where minor clearing of underbrush can 44 be accomplished without protected habitat or species disturbance, 45 permitting is not required. ~6 47 A test pilin9 permit shall be obtained prior to driving any test 48 piling. All test pilings must be driven within the footprint of the 49 building. Applicable fees shall be charged for the permit. At the 50 time of applying for the test piling permit, a bond or letter of 51 credit shall be submitted equal to the estimated cost of removing the 52 test piling and grading the site back to the condition it was in 53 prior to the test piling in the event construction does not commence. 55 104.2 Drawings and Specifications 56 104.2.1 ReqUirements. 52 a. Drawings to scale, minimum scale is 1/8". 60 b. The first sheet of the Architectural Plans shall provide an 61 information block with the following details: 62 63 1. Occupancy classification(s) ~ If the building contains more than one occupancy 65 classification and/or tenant use areas, list each 66 separately with the individual square footages. 67 2. Establish the maximum occupant load for each floor and 68 mezzanine area in each tenant use area. 69 3. Building area (sq. ft.) for each floor and mezzanine 70 area. 71 4. Grade elevation of first floor -8- Words ~truck through are deleted; words underlined are dde~ ~ ~ ]998 I 5. Applicable Flood zone 2 6. Elevation of first habitable floor N.G.V.D. 3 7. Height of building in feet above grade. 4 8. Building height in stories. ~ 9. Type of construction. 6 10. Establish the allowable load per square foot for each 7 floor and mezzanine area. ~ 11. Designed for a wind load of applicable mph. 9 12. Parking summary for occupancy classification(s) ~0 consistent with the calculation and supporting Il documentation from the approved final site development ]2 plan. ~3 14 c. When required by the Building Official, two or more copies ~5 of specifications, and of drawings drawn to scale with 16 sufficient clarity and detail to indicate the nature and 17 character of the work, shall accompany the application for a I~ permit. Such drawings and specifications shall contain ]9 information, in the form of notes or otherwise, as to the 20 quality of materials, where quality is essential to 21 conformity with the technical Codes. Such information shall 22 be specific, and the technical Codes shall not be cited in 23 whole or in part, nor shall the term "legal" or its 24 equivalent be used, as a substitute for specific 25 information. All information, drawings, specifications and 26 accompanying data shall bear the name, and dated signature 27 of the person responsible for the design under that person's 28 seal. 29 30 d. BUILDING PAD, BUILDING FLOOR AND SLAB.ELEVATIONS 3~ 32 Ground elevations shall be gradually sloped away from the 33 building to effectively drain water away and to be managed 34 on one's o~ lot through roof guttering or earthgrading. 36 Plans shall show that construction of the lowest finished 3~ floor meets the elevation criteria listed below, when 3~ conflicts exist between firm elevation and others the higher 39 elevation shall be required: 40 4t a. FIRM elevation - at the elevation that has been 42 established by the Flood Insurance Rate Maps (firm) as 43 mentioned in the Flood Damage Prevention Regulations of 44 Collier County. 46 b. Paved Road - a minimum of eighteen {18) inches above the 47 crown of the nearest street or interior roadway system 4~ if finished with paving; or 50 c. Graded or Unfinished Road - twenty-four (24) inches 5] above the crown if graded or otherwise unfinished, cr ~3 d. Mean Sea Level - seven (7) feet above Mean Sea Level $4 (MSL} based on the 1929 National Geodetic Vertical Datum 55 (NGVD) or 56 57 e. Water Management Design- ~9 1. Buildings within projects which have water 60 management routing and storage facilities designed 6] and built for a 25 year, 3 day storm event in 62 accordance with South Florida Water Management 63 District's criteria may use a finish floor elevation 64 in accordance with the project's water management 65 designed 100 year zero discharge elevation or the 66 firm elevation, whichever is higher. 67 68 2. Buildings which are not within projects having water 69 management storage facilities designed and built for 70 a 25 year, 3 day storm event in accordance with 71 South Florida Water Management District's criteria 72 shall use a finish floor elevation -9- Words ~ are deleted; words underline~ are adCCp 2 2 1998 ! inches above the adjacent roadway crown elevation or 2 the firm elevation, whichever is higher. 4 f. Unusual Conditions In parcels where unusual ~ topographic conditions exist and the above standard 6 conditions cannot be reasonably applied, the developm 7 services department, project review section manager 8 consider recfuests to decrease the finish-floor 9 elevation. All requests will require an analysis, by a 10 Florida registered professional engineer, of the 25 ~ year, 3 day storm event and the 100 year, 3 day storm 12 event using zero discharge, for the entire discharge, 13 for the entire drainage basin in which the proposed 14 structure is located. Reductions may be allowed on the 15 basis of the analysis, but in no case shall the finish 16 floor be less than the firm. 17 t~ Slabs for garages, carports, screen enclosures, etc., Ig must be at least equal in elevation to the crown of the 20 nearest street. 21 22 e. TRUSSED RAFTERS ;~g]D FLOOR DESIGNS 24 Building components designed by specialty engineers (i.e. roof 25 trusses, floor trusses, precast floor slabs) are required to be 26 submitted at time of permit application. Extra loading of the 27 trusses, beams or girders with hot water heaters, air handlers, 28 compressors or other loads not specifically considered in the 29 specialty design will not be allowed without engineered sealed 30 drawings acknowledging such extra loads. 32 The specialty engineer shall acknowledge that additional loading 33 has been considered in the design. The type of roof covering 34 shall be designated on the truss plans. 36 There will be no jobsite truss modifications allowed without an 37 approved design by the specialty engineer. 39 During the design process of roof trusses, floor trusses, or k0 precast floor slabs consideration must be given to the 41 possibility that point loading (i.e. girders) may dictate 42 redesign of bearing footing. 44 104.2.2 Additional Data. The Building Official may require details, 45 computaticns, stress diagrams, panel schedules, and other data 46 necessary to describe the construction or installation and the basis 47 of calculations. Ail drawings, specifications and accompanying data 4~ recruired by the Building Official to be prepared by an architect or 49 engineer shall be affixed with the official sealed and dated 50 signature. 52 104.2.3 Design Professional. The design professional shall be an 53 architect or engineer legally registered under the laws of this state ~4 regulating the practice of architecture or engineering and shall 55 affix his official seal to said drawings, specifications and 56 accompanying data, for the following: 5~ 1. All structures in Collier County. 59 2. Buildings subject to certified performance under the Collier 60 County Coastal Construction Ordinance No. 87-20, as amended 61 or superseded. 62 3. Elevated residential structures supported by beams and 63 columns such as piles or piers shall be designed by a ~ professional architect or engineer in the State of Florida 65 for appropriate gravity, horizontal and uplift loads up to 66 the first elevated finished floor level. The remaining 67 portions of the residence above the finish floor level may 68 be designed per the Collier County Building Codes. 69 70 Exception: One and two family dwellings do not require an 7] architect or engineer unless they are in a coasts Words ~ are deleted; words underlined are Jde~ ~ ~ 1998 Pa. // I zone or are constructed on stilts, piers, piles, etc.. as 2 outlined in subsection 104.2.3, 2 or 3, above. 3 4 The design professional shall assume all responsibility for 5 determining whether any structure designed by the design professional 6 is being constructed in accordance with his or her design and 7 specifications. A design professional's inspection on any structure 8 shall have no legal effect for purposes of this Ordinance unless the 9 requirements of either Section 553.79(5) or Chapter 468, Part XIII, l0 Florida Statutes, have been met by the design professional. 13 104.2.3.1 Electrical Installation 15 (a) Plans for new construction or any change in existing ~6 electrical installation over 400 ~0Q amps ~t 240 volts on 17 residential and over ~ 800 amps at 240 volts on commercial 18 or industrial shall be prepared by, and each sheet shall 19 bear the impress seal of, a Florida Registered Professional 20 Engineer and shall conform with the laws of the State of 21 Florida. The plans shall show the calculations, panel 22 schedules, size of service and maximum available fault 23 current and interrupting capacity of main and sub-feeder 24 breakers or fuses, wires and conduit, the location of 25 service switches and center or centers of distribution, and 26 the arrangement of circuits showing the number of outlets 27 connected thereto. The Electrical Official shall examine 28 all plans for compliance with the Electrical Code. It shall 29 be the duty of the architect, engineer and builder to obtain 30 meter and conduit locations from all Jtility companies for 31 all types cf service before construction is commenced. 32 Such meter and conduit locations shall be indicated on the 33 drawings. 35 (b) The installation of the wiring, apparatus or equipment for 36 light, heat or power, within or attached to any building or 37 premises whether for private or public use, shall be done in 38 accordance with the approved plans and specifications and shall conform to the Collier County Electrical Code. Any 3940 changes or omissions in the wiring system from that show~% on 41 permitted plans must be reviewed by the Electrical Official 42 and the request for the change shall be made by the permit 43 holder, and approved by the owner and original engineer or ~4 his representative or engineer appointed by architect of ~ original plan. Three (3) copies of the plan showing the 46 change must be submitted with all sheets bearing the 47 original engineer's seal as provided for above. 49 104.2.4 Structural and Fire Resistance Integrity. Plans for all ~0 buildings shall indicate how required structural and fire resistive ~l integrity will be maintained where a penetration of a required fire 52 resistant wall, floor or partition will be made for electrical, gas, ~3 mechanical, plumbing and communication conduits, pipes and systems 54 and also indicate in sufficient detail how the fire integrity will be 55 maintained where required fire- resistant floors intersect the 56 exterior walls. 58 104.2.5 Site Drawings. Drawings shall show the location of the 59 proposed building or structure and of every existing building or 60 structure on the site or lot. The Building Official may require a 61 boundary line su:rvey prepared by a qualified surveyor. 62 63 104.2.5.1 Lot Drainage Plan. A Lot Drainage Plan in compliance with 64 Exhibit A shall be submitted by the permittee at time of application 6~ for a single-family or duplex building permit. Lot drainage shall 66 comply with the approved Lot Drainage Plan at time of Certificate of 67 Occupancy Inspection. 69 104.2.6 Survey Required. Building permits that require foundation 70 inspection or floor elevation inspection as outlined 71 shall submit a current survey with the permit applicatl -11- words struck '= ...... ...... ~,, are deleted; words underlined are a]de~p 1 2 104.2.7 Fire Damage. A professional review and written report shall 3 be submitted concerning the components to be salvaged will be 4 required before issuing a permit for reconstruction of a fire damaged ~ structure. 6 7 104.3 Examination of Documents g 104.3.1 Plan Review. The Building official shall examine or caus 9 to be examined each application for a permit and the accompanying 10 documents, consisting of drawings, specifications, computations and 1~ additional data, and shall ascertain by such examinations whether the ~2 construction indicated and described is in accordance with the 13 requirements of the technical Codes and all other pertinent laws or 14 ordinances. 16 104.3.2 Affidavits. Permits by affidavit will be limited 17 emergencies declared by the Collier County Board of Commissioners. I~ (Also see section 104.6.2) 20 104.4 Issuing Permits 21 104.4.1 Action on Permits. The Building Official shall act upon an 22 application for a permit without unreasonable or unnecessary delay. 23 If the Building Official is satisfied that the work described in an 24 application for a permit and the construction documents filed 25 therewith conform to the requirements of the technical Codes and 26 other pertinent laws and ordinances, he shall issue a permit to the 27 applicant. 2g 29 104.4.2 Refusal to Issue Permit. If the application for a permit 30 and the accompanying construction documents describing the work do 31 not conform to the requirements of the technical Codes or other 32 pertinent laws or ordinances, the Building Official shall not issue a 33 permit, but shall return the construction documents to the applicant 34 with his refusal to issue such permit. Such refusal, when requested, 35 shall be in writing and shall contain the reason for refusal. 36 37 104.4.3 Special Fou/~dation Permit. When application for permit to 3g erect or enlarge a building has been filed and pending issuance of 39 such permit, the Building Official may issue a special permit for 40 foundation only. The holder of such a special permit is proceeding 41 at his ow~. risk and without any assurance either that a permit for 42 the remainder of the work will be granted or that corrections will 43 not be required in order to meet provisions of the technical Codes. 4~ 104.4.3.1 Foundation Permit Procedure. 47 1. Apply for a building permit with complete plans. 4~ 2. Apply for a foundation permit with complete plans. 49 3. Applications are reviewed and fees are calculated. ~0 4. A bond, letter of credit or cashier's check equal to ~) of the building valuation, but not less than $100,000. 52 5. A contract signed between the county and the owner of $3 the property where the foundation and building are ~4 proposed for separate permits. $5 6. Permit fees for both permits shall be paid at the time 56 of issuance of the foundacion permit. 57 7. The bond, letter of credit or cashier's check shall be $~ released when the building permit for said foundation 59 is issued. 6O 61 104.4.4 Public Right of Way. A permit shall not be given by the 62 Building Official for the construction of any building, or for the 63 alteration of any building where said building is to be changed and ~ such change will affect the exterior walls, bays, balconies, or other 65 appendages or projections fronting on any street, alley or public 66 lane, or for the placing on any lot or premises of any building or 67 structure removed from another lot or premises, unless the applicant 6~ has made application at the Development Services Department for the 69 lines of the public street on which he proposes to 70 locate said building; and it shall be the duty of the words ~ are deleted; words underlined are .dd~[~ ~ ~ ]998 1 Official to see that the street lines are not encroached upon except 2 as provided for in Chapter 32. 3 4 104.5 Contracting Responsibilities 6 a. It shall be the duty of every contractor who shall make ? contracts for the installation or repairs of building, electrical, ~ gas, mechanical, plumbing systems, for which a permit is required, to 9 comply with state or local rules and regulations concerning licensin~ 10 which the applicable governing authority may have adopted. 12 b. It is the responsibility of the contractor to keep all 13 application information current. 15 c. Any violation of this provision subjects the entire work to be ~6 stopped by order of the Compliance Services Manager. A violator of 17 this provision shall also be subject to appearance before the ~8 Contractor Licensing Board or Misdemeanor Court, or both. ~9 20 104.6 Conditions of the Permit I! 104.6.1 Pez-mit Intent; General, 22 The Building Official shall act upon an application for a permit 23 with plans as filed, or as amended, without unreasonable or 24 unnecessary delay. A permit issued shall be construed to be an 25 agreement to proceed with the work through to completion of the 26 approved construction leading to and issuance of a Certificate of 27 Occupancy, and shall not be construed as authority to violate, 28 cancel, alter, or set aside any of the provisions of this Code, nor 29 shall such issuance of a permit prevent the Bui'lding Official from 30 thereafter requiring a correction of errors in plans or in 31 construction, or of violations of this Code. 32 33 104.6.1.1 Permit Intent; Time Limitation. 34 35 a. The permit application and the plans shall be reviewed, approved 36 and ready for issuance within 6 months from the date of application. 37 Permits shall be issued to the permittee within 6 months from the 38 date that the permittee is notified that the permit has been approved 3~ or the permit application will be canceled and the plans disposed 40 of. The review process includes appropriate responses from the 4~ permit applicant when the permit cannot be approved. When the 42 applicant is advised of deficiencies and does not respond within 6 43 months with corrected plans or an appeal to the Board of Adjustments 44 and Appeals, the permit application will be canceled. The 45 cancellation process includes disposal of the application and plans. 47 b. Building permits shall expire and become null and void if the 45 construction authorized by such permit is not commenced within six 49 (6) months from the date of the issuance of the permit. Date of 50 issuance is the date of permit pickup. Additionally, the building 51 permit shall expire if the work authorized by such permit is not 52 completed within eighteen (18) months from the date of issuance of 53 the permit, unless prior tc the issuance of the building permit a 54 time schedule has been submitted to and approved by the Building ~ Official or his designee predicted upon customary time for $6 construction of like buildings indicating completion of construction 57 in excess of eighteen (18) months. In the event a time schedule has 58 been submitted by the permittee, the building permit shall expire 59 thirty (30) days after the date of completion set forth in the 60 approved time schedule. 6~ 62 For purposes of this section, the construction authorized by such 63 permit shall not be deemed to have commenced unless and until all ~ foundation inspections have been requested and satisfactorily 65 completed. 66 67 c. The Building Official or his designee may authorize a maximum of 68 two (2) extensions of an active, valid building permit for a period 69 of ninety (90) days each, upon payment by the permittee of a filin¢ 70 fee for each extension. As a condition to granting a perml~sE~o*[~W_, 71 extension, the Building Official may require a buildirg sc~%d~, -13- Words ~ are deleted; words ~nderlined are dde~ ~ ~ 1998 ! the permittee setting forth the date of completion. The filing fee 2 for each permit extension shall be equal to ten (10) percent of the 3 original building permit fee or one hundred dollars ($100.00), 4 whichever is greater, but shall not exceed five hundred dollars $ ($500.00). The filing fee is intended to cover the cost of reviewing 6 existing or amended building plans to determine and verify code 7 compliance. No further extension may be granted by the Building S Official and the permit shall expire and become null and void 9 the building permittee requests in writing that the Community ~0 Development Administrator schedule a hearing before the Board of 11 County Commissioners, said hearing to be held prior to expiration of 12 the building permit, in order for the contract provide evidence to 13 the Board as to reasons for the suspension, delay or abandonment of 1~ the project. If the Board finds that good cause has been shown for 1~ the suspension, delay or abandonment of said project, the contractor 16 shall be allowed to continue said project under the original permit, 17 subject to the extension filing fee set forth above. As a condition IS of the continuance of the permit, the Board shall be authorized to 19 place such time restrictions or conditions on the permit as may be 20 deemed appropriate by the Board. 22 104.6.1.2 Permit Intent: Suspension or Abandonment. 23 a. If construction has commenced within six (6] months from the date 24 of issuance of the permit, and is subsequently abandoned or suspended 25 as determined by the Building Official, the permit shall expire and 26 become null and void. Permit abandonment shall be deemed to have 27 occurred if a required inspection has not been requested or 2S satisfactorily completed within a six (6) month period. Once 29 construction has commenced on a building project, it shall be prima 30 facie evidence of abandonment or suspension of <he project if the 3~ permittee during any six (6) month period fails to actively engage in 32 construction and fails to complete at least 60 percent of the 33 construction that would be considered average for the industry for 34 that six-month time period predicated upon a customary time for 35 construction of like buildings. Such project shall not be considered 36 abandoned or suspended if the permittee furnishes the Building 37 Official satisfactory evidence, in writing, that the delay is 38 occasioned due to unavailability of construction supplies or 39 materials, and every effort has been made to obtain substitute ~0 materials equal to those called for in the specifications, or due 41 delay in delivery of construction supplies or materi~ls, or due to 42 fire, weather conditions, civil commotion or strike. Increased cost 43 of building materials or supplies or financial hardship shall not be 44 considered by the Building Official as evidence that the project has 45 not been abandoned or suspended. 47 b. In the event that the Building Official declares a permit to be 4g null and void as the result of abandonment or suspension of the 49 project, the permittee shall be so notified, in writing, at his 50 usual place of business. Within fifteen (15) days after receipt of 51 the Building Official's decision, the permittee or owner may appeal 52 the decision of the Building Official to the Board of county 53 Commissioners by requesting in writing to the Community Development 54 Administrator a hearing before the board. The contractor or owner 55 shall have the burden of establishing that the project has not been 56 abandoned or suspended and that the Board should reverse the decision 27 of the Building Official. 59 104.6.2 Permit Issued on Basis of an Affidavit. 60 The requirements of section 104.3.2 of this Ordinance must be met 61 prior to use of this provision. 62 63 Whenever a permit is issued in reliance upon an affidavit or whenever ~ the work to be covered by a permit involves installation under 62 conditions which, in the opinion of the Building Official, are 66 hazardous or complex, the Building Official shall require that the 67 architect or engineer who signed the affidavit or prepared the 68 drawings or computations shall supervise such work. In addition, he 69 shall be responsible for conformity with the permit, provide copies 70 of inspection reports as inspections are performed, and upon 7I completion make and file with the Building Official written affidav'~ 72 that the work has been done in conformity with the rev~w,d plan~ a. Words struck through are deleted; words underlined are tdded. SEP221998 I with the structural provisions of the technical Codes. In the event 2 such architect or engineer is not available, the owner shall employ 3 in his stead a competent person or agency whose qualifications are 4 submitted for review by the Building Official. 6 104.6.3 Plans. When the Building Official issues a permit, he shall 7 endorse, in writing or by stamp, all sets of plans "reviewed for code 8 compliance". One set of drawings so reviewed shall be retained by 9 the Building Official and the other sets shall be returned to the 10 applicant. The permitted drawings returned to the applicant are not 11 interchangeable. They have been reviewed independently to facilitate 12 the permitting process. The job site copies of reviewed and endorsed 13 plans shall be kept at the site of the work and open to inspection at 14 all times by the Building Official or his authorized representative. 16 104.6.4 Environmental Protection. Permitted construction shall not 17 be undertaken in violation of lawful environmental regulations. 19 104.6.4.1 Waste Materials Management. Inert waste materials may be 20 buried on-site provided that such disposal is in conformance with 2! federal, state, and local laws and regulations. Inert waste 22 materials as used herein are specifically limited to brick, block, 23 concrete, rock, Atone, and earth and sand that is free from 24 contamination and of other types of waste, and that is capable of 25 serving as fill material without environmental harm to, or pollution 26 of, ground waters or surface waters. All other wastes, including 27 garbage, hazardous waste, rubbish, refuse, paper products, 28 containers, cloth, wood and wood products, sweepings, liquids other 29 than water, sludge, tree limbs and trunks, undergrowth, and material 30 produced by clearing and grubbing, and other horticultural wastes, 31 shall not be buried on-site but shall be otherwise lawfully disposed 32 of. 34 104.6.4.2 Dust Control. Adequate dust control measures shall be 3~ employed by the permittee to prevent complaints arising from 36 unhealthy, unsafe or damaging conditions. Failure to utilize 37 adequate dust control procedures shall be sufficient cause to order 38 cessation of the work causing such dust and to decline inspection 39 requests. 41 104.6.4.3 Noise Control. 42 Construction activities are permitted only during the following 43 times: 45 6:30 A.M. to 7:00 P.M., Monday through Saturday. 46 No work is permitted on Sundays and the following holidays: 47 New Year's Day, Memorial Day, 4th of July, Labor Day, 48 Thanksgiving Day, Christmas Day. fo 104.7 Fees 51 104.7.1 Prescribed Fees. The Board of County Commi£sioners sh~ll $2 establish, by resolution, a schedule of fees and charges pertaining 53 to permit and inspection processes under this ordinance and related 54 ordinances. It is the intent of these regulations that the County ~5 shall not be required to bear any part of the cost of applications ~5 made under this ordinance.~v~-~iar~ ............ ,,~v.~"-~ .......... ,..~. ~ .,~ 57 ~hiah i~t~,c~ curr~nt ............ --~-~"~- -~ 'ass .... --~ char~as for pa--:~.,~ ~.-~--~ 58 ~n$s-actzcn ~ ...... ~s is hereby adopted -- ~.,c currant ~ ..... 6O 61 The charges listed may be changed by Resolution of the Board of 62 County Commissioners and are not subject to the appeal process. No 63 permit shall be issued until the fees prescribed in this section have ~ been paid. Nor shall an amendment to a permit be released until the 65 additional fee, if any, due to an increase in the estimated cost of 66 the building, structure, electrical, plumbing, mechanical, Or gas 67 systems, has been paid. 6S 69 104.7.2 Work Commencing Before Permit Issuance. Any person who 70 commences any work on a building, structure, electrical, gas, 71 mechanical or plumbing system before obtaining the, nece~~u p,~m{~, -- I AGENUA~£M '~' J N~. /~[~ ~ Words ~hrcu~h are struck deleted; words underlined a~e added. SEP22;998 ....... ~ ~ju~u ~ d penal~y o~ 100% of the usual permit fee plus 2 the usual re~dired permit fees. 4 104.7.3 Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other mcnies collected, 6 the names of all persons upon whose account the sane was paid, alo: 7 with the date and amount thereof. 9 104.7.4 Schedule of Permit Fees. On all buildings, structures, lO electrical, plumbing, mechanical, gas or fire systems or alterations 11 requiring a permit, a fee for each permit shall be paid in accordance 12 with the Collier County Fee Resolution ,.c ~ ~ ~ ". ~ ~ 96-594 as ~ 13 amended or superseded. I$ 104.7.5 Building Permit Valuations. If, in the opinion of the Building Official, the valuation of a building, alteration, 17 structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, a permit shall be denied, I9 unless the applicant can show detailed estimates to meet the approval 20 of the Building Official. Permit valuations shall include total 21 cost, such as 22 electrical, gas, mechanical, plumbing equipment and other systems, 23 including materials and labor. 24 105 Inspections 26 105.1 Existing Building Inspections. Before issuing a permit the Building Official may examine or cause to be examined any building, 28 electrical, gas, mechanical, plumbing or fire systems for which an 29 application has been received for a permit to ealarge, alter, repair, 30 move, demolish, install, or change the occupancy. He shall inspect 31 during and upon completion of said work for which a permit was 32 issued. He shall make a record of every such examination and 33 inspection and of all violations of the technical Codes 34 · 32 105.1.1 The Building Official shall make, or cause to be made, the 36 inspections required by Section 105. 37 38 105.2 Manufacturers and Fabricators. When deemed necessary by the 39 Building Official, he shall make or cause to be made, an ins~ of materials or assemblies at the point of manufacture or 41 fabrication. A record shall be made of every such examination and 42 inspection and of all violations of the technical Codes. 44 105.3.1 Partial Building Inspections. Partial inspections for structural, plumbing, mechanical and electrical will be made as 46 requested, providing the request meets one or more of the following 47 guidelines: a. Submit an inspection plan. 50 b. There are more than 7 units on one floor. C. Stepped construction (discontinuous floor levels). d. outside perimeter walls to allow for start of insulation on 53 large commercial jobs. e. Interior partitions on large commercial jobs. f. Underground electric or sewer or water piping where cave-in is of concern. 57 g. Under slab work. 5g h. Buildings with three or more floors for fire rating of ceilings all other partial inspections may be arranged after 60 submittal of an approved specific inspection plan, 61 satisfactory to the Building Official. 62 63 Failure to follow an approved inspection plan may result in removal of completed work. 65 66 105.4 Inspections prior to issuance of certificate of occupancy or 67 completion. The Building Official shall inspect or cause to be inspected at various intervals all construction or work for which a 69 permit is required, and a final inspection shall be made of every 70 building, structure, electrical, gas, mechanical or p]umbin __s s m -16- Words ~ are deleted; words ~ are dded. SEP Z 1998 ! Upon completion of a building erected in accordance with approved 2 -plans and this Code, and after the final inspection and approval by 3 the Development Services Department and other required inspection 4 agencies, and upon application therefore, the Building Official shall $ issue a Certificate of Occupancy. 6 7 105.4.1 Temporary Occupancy. Refer to Section 106.1.3 9 105.5 Posting of Permit. Work requiring a permit shall not commence l0 until the permit holder or his agent posts the permitted plans and 11 inspection card in a conspicuous place on the premises. Those items 12 shall be protected from the weather and located in such position as 13 to permit the Building Official or representative to conveniently I~ make the required entries thereon. This permit card shall be I~ maintained in such position by the permit holder until the 16 Certificate of Occupancy (or of Completion) is issued by the Building 17 Official. 19 105.6 Required Inspections. In order to facilitate the required 20 inspections, the permit holder shall furnish and provide at the site 21 of construction adequate ladders, scaffolding, or other means of 22 access for use by inspectors. 23 24 The Building Official upon notification from the permit holder or his 25 agent shall make the following inspections and such other inspections 26 as necessary, and shall either release that portion of the 27 construction or shall notify the permit holder or his agent of any 2g violations which must be corrected in order to comply with the 29 technical Codes: 3! a. Building 32 1. Foundation Inspection: Shall be made after trenches are 33 excavated, forms erected, reinforcing rods are in place or 34 pilings are installed. 36 2. Floor Elevation Inspection: Shall be made on all 37 buildings after the lowest floor is completed ("lowest 38 floor" is defined to be the lowest level of a building 39 except for garage, patio or ca~-~port slabs.) An elevation 40 survey is required within 10 calendar days of ~I establishment of lowest floor. 43 a. LOCATION SURVEY - 44 it is the duty of the permit holder to submit to the 42 Building Official, within 10 calendar days of this ~6 inspection, a location survey depicting the finished 47 floor which may be a slab or a frame assembly. The 48 location of said finished floor, precisely dimensioned 49 in relation to each and every lot or setback line as 50 established by the zoning ordinance of Collier County, $~ Florida, or as established by conditions attached to the 52 development permit, applicable to the permitted 53 structure and the property upon which said structure is 54 being constructed. Said location survey shall be 55 prepared by or under the direct supervision of a Florida 56 registered land surveyor and certified by same. Any 57 work done prior to the survey required hereby shall be 5g at the permit holder's risk. The Building Official 59 shall review the location survey and approve same if all 60 setback requirements are met. Deficiencies or 61 encroachments detected by such review shall be corrected 62 by the permit holder forthwith and prior to further 63 work. Failure to submit the survey required hereby or ~ failure to make said corrections shall because to issue 65 a stop-work order for the project. 66 · 67 Exception: Elevated finish floors will have the survey 68 submitted within 10 days of completion of the flcor. 70 b ELEVATION SURVEY - ~Gtw0_~ ,~ -17- Words e~ are deleted; words ~ are at d,~SEP 2 2 1998 I Elevation surveys shall be prepared by or under the 2 direct supervision of a Florida Registered Land Surveyor 3 or professional engineer and certified by same and shall 4 show the elevation of the lowest portion of the floor 5 and a bench mark elevation. Any work done prior to 6 approval of the survey shall be at the permit holder 7 risk. failure to submit the survey or failure to 8 said corrections required hereby, shall be 9 issue a stop-work order for the project. Minimum floor 10 elevations outside of the flood zone shall certify the 1~ elevation above the crown of the nearest street. This 12 elevation is required to be minimum of eighteen (18) ~3 inches above the crown of the nearest street if finished 14 with paving, or twenty-four (24) inches above the crown ~5 if graded or otherwise unfinished, or seven (7) feet [6 above mean sea level (MSL), or as provided for in 17 104.2.1 of this ordinance. (See subsection 104.2.1d.) . ]g Slabs for garages, carports, screen enclosures, ~9 sJ. dewalks etc., shall be not lower than the elevation of 70 the crown of the nearest street. 22 3. Frs. me Inspection: Shall be made after all sheathing, all 23 framing, fire blocking and bracing are in place and all 2~ pipes, chimneys, ducts, and vents are complete. 26 4. Final Building Inspection: Shall be made after the building 27 is completed and the building is ready for occupancy. 2g 29 b. Electrical 30 31 1. Underground Inspection: To be made after trenches or ditches 32 are excavated, conduit or cable are installed, and before 33 any backfill is put in place. 34 35 2. Rough-in Inspection: To be made after the sheathing, 36 fascia, framing, fireblocking and bracing are in place and 37 prior to the installation of wall or ceiling membranes. 39 3. Final Inspection: To be made after the building is comp 40 all required electrical fixtures are in place and properl 41 connected or protected and the structure is ready for 42 occupancy. 44 c. Plumbing 46 1. Underground Rough Inspection: To be made after trenches or 47 ditches are excavated, piping installed, and before any 4~ backfill is put in place. 49 50 2. Tub Set and Stack Inspection: To be made as established 51 below: 53 a. Following successful completion of the following ~4 building and fire inspections: tintab, framing, ~ fireblocking and bracing. 56 b. When all drain waste and vent piping is complete 57 c. When all tubs, showers, and wall valves having S~ concealed connections are properly connected and 59 d. Prior to installation of wall or ceiling membranes. 6O 6~ 3. Final Inspection~ To be made after the building is complete, 62 all plumbing fixtures are in place and properly connected 63 and the structure is ready for occupancy. 6S Note: See section 311 of the Standard Plumbing Code for 66 required tests. 67 6g d. Mechanical 69 ~ords ~ are deleted; word, underlined a added, SEP 2 2 1998 ! 1. Underground Inspection: To be made after trenches or 2 ditches are excavated, piping installed, and before an':' 3 backfill is put in place. ~ 2. Rough-in Inspection: To be made after the sheathing, 6 fascia, framing, fireblocking and bracing is in place and - all ducting, and other concealed components are com,.lets and s prior %o this installation of wall or ceiling membranes. 10 3. Final Inspection: To be made after the building is complete, 11 the mechanical system is in place and properly connected and 12 the structure is ready for occupancy. 14 e. Gas ~6 1. Rough Piping Inspection: These insoec:ions are to T-e be ~7 made after all new piping authorized by the permit has been 18 installed, and before any such piping has been covered or ~9 concealed or any fixtures or gas appliances have been 20 connected. This inspection -~-~ :--~"~- - pre ...... test 21 Each such inspection will include all flue and ven:inu. Each 22 ~u~h inspection must be done before insulation is installed, 23 Failure to have this inspection will recuire that the 24 drywall and insulation be removed to facilitate a proper 25 inspection. No certificates of occupancy shall be issued 2~ un~il ~t~ qa$ inspections are complete, 27 2s 2. Final Inspection: To be made on all new gas work authorized 2~ by the permit and such portions of e~isting systems as may 30 be affected by new work or any changes, to insure compliance 31 with all the requirement~ of this Code and to assure that 32 the installation and construction of the gas system is in ~3 accordance with approved plans. This inspection to be made 3~ when structure is ready for occupancy. 36 105.7 Inspection Approval Sign-off (Written Release). Work shall 37 not be done on any part of a building, structure, electrical, gas 3~ mechanical, fire or plumbing system beyond the point indicated in 3~ each successive inspection without first obtaining a written release ~0 (sign-off on permit card) from the Building Official. ~2 105.8 Reinforcing Steel and Structural Frameu. Reinforcing steel ~3 or, structural frame work of any part of any building or structure ~4 shall not be covered or concealed until satisfactorily inspected. ~ 105.9 Plaster Fire Protection. In all buildings where plaster is ~7 used for fire protection purposes, the permit holder or his agent ~8 shall notify the Building Official after all lathing and backing is 4~ in place, plaster shall not be applied until satisfactorily 50 inspected. 5~ ~Z 106 Certificates ~: 106.1 Certificate of Occupancy 5~ 106.1.1 Building Occupancy. A new building shall no~ be occupied or ~6 a change made in the occupancy, nature or use of a building or part ~7 of a building until after the building official has issued a ~8 certificate of occupancy. Said certificate shall not be issued until ~9 all required electrical, gas, mechanical, plumbing and fire 60 protection systems have been inspected for compliance with the 61 technical Codes and other applicable laws and ordinances and released 62 by the Building Official, 63 6a 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory 65 completion of construction of a building or structure and 66 installation of electrical, gas, mechanical and plumbing systems in 67 accordance with the t=chnical Codes, reviewed plans and 68 specifications, and after the final inspection, the Building Official 69 shall issue a certificate of occupancy stating the -19- 2 2 1998 occupancy permitted, the number of persons for each floor when 2 limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. 5 106.1.3 Temporary/Contingent Occupancy. Permitted construction ma' 6 not be occupied (used for its intended purpose) until all final 7 building inspections, (structural, electrical, mechanical/plumbin¢ $ fire, engineering (parking and drainage), and landscaping have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his designee. The permittee shall 12 preclude premature use of the structure by the owner (or others) 13 unless prior written approval (for limited purposes) of the Building 14 Official is obtained, and then only if inspections can be conducted unhindered and nc regular occupancy is to occur. ~6 17 106.1.4 Existing Building Certificate of Occupancy. A certificat~ 15 of occupancy for any existing building may be obtained by applying tc 19 the Building Official and supplying the information and data 20 necessary to determine compliance with the technical Codes for the 21 occupancy intended. Where necessary, in the opinion of the Building 22 Official, two or more sets of detailed plans or a general inspection, 23 or beth, may be required, when, upon examination and inspection, it 24 is found that the building conforms to the provisions of the technical Codes and other applicable laws and ordinances for such 26 occupancy, a Certificate of Occupancy shall be issued. 27 25 106.2 Certificate of Completion. Upon satisfactory completion of a 29 building, structure, electrical, gas, mechanical or plumbing system, 30 a certificate of completion may be issued. This certificate is proof 31 that a structure or system is complete and for certain types of 32 permits is released for use and may be connected to a utility system. 33 This Certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 36 37 106.3 Service Utilities 106.3.1 Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to an' building or system which is regulated by the technical Codes for which a permit is required, until released by the Building Official or his designee and a certificate of occupancy or completion is 43 issued. 44 106.3.2 Temporary Connection. The Building Official or his designee 46 may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of 45 testing building service systems or for use under a temporary 49 certificate of occupancy. 51 106.3.3 Authority to Disconnect Service Utilities. The Building 52 Official or his designee shall have the authority to authorize 53 disconnection of utility service to the building, structure or system 54 regulated by the technical Codes, in case of emergency where 55 necessary to eliminate an immediate hazard to life or property. The 56 Building Official shall notify the serving utility, and whenever 57 possible the owner and occupant of the building, structure or service 5g system of the decision to disconnect prior to taking such action. If 29 not notified prior to disconnecting, the owner or occupant of the 60 building, structure or service system shall be notified in writing, 61 as soon as practical thereafter. Posting of such notice on site will 62 satisfy this requirement. 63 ~ 106.4 Posting Floor ~,oads 65 106.4.1 Occupancy. An existing or new building shall not be 66 occupied for any purpose which will cause the floors thereof to be 67 loaded beyond their safe capacity. The Building Official may permit 65 occupancy of a building for mercantile, commercial or industrial 69 purposes, by a specific business, when he is satisfied that such 70 capacity will not thereby be exceeded. AGENDA ITEM -20- "~' ~ Words ~ are deleted; words underlined ar, ad~c~. 1998 2 106.4.2 Storage ~nd Factory-Indumtrial Occup~nciem. shall be the 3 responsibility of the owner, agent, proprietor or occupant of group S 4 and group F occupancies, or any occupancy where excessive floor 5 loading is likely to occur, to employ a competent architect or 6 engineer in computing the safe load capacity. All such computations 7 shall be accompanied by an affidavit from the architect or engineer ~ stating the safe allowable floor load on each floor in pounds per g square foot uniformly distributed. The computations and affidavit I0 shall be filed as a permanent record of the Collier County I1 Development Services Department. 13 106.4.3 Signs Required. In every building or part of a building 14 used for storage, industrial or hazardous purposes, the safe floor I$ loads, as reviewed by the Building Official on the plan, shall be 16 marked on plates or approved design which shall be supplied and 17 securely affixed by the owner of the building in a conspicuous place I~ in each story to which they relate. Such plates shall not be removed 19 or defaced, and if lost, removed or defaced, shall be replaced by 20 owner of the building. 22 107 TESTS 24 The Building Official may require tests or test reports as proof of 25 compliance. Required tests are to be made at the expense of the 26 o~er, or his agent, by an approved testing laboratory or other 27 approved agency. 29 108 BOARD OF 30 ADJUSTMENT AND 3} 32 Appeals under this ordinance should be referred to the Board of 33 Adjustment and Appeals as established by Collier County Ordinance 34 83-16 as amended or superseded. 36 110 VIOLATIONS AND pENALTIES 37 38 If any person, firm, corporation, or other legal entity whether 39 public or private, shall fail or refuse to obey or comply with, or 40 violates, any of the provisions of this ordinance, such person, firm, 4] co.~-poration, or other legal entity whether public or private, upon 42 conviction of such offense, shall be punished by a fine not to 43 exceed five-hundred dollars ($500.00) or by imprisonment not to 44 exceed sixty (60) days in the county jail, or both, in the discretion 45 of the court. Each day of continued violation or noncompliance shall 46 be considered as a separate offense. In addition, any person, firm, 47 corporation, or other legal entity whether public or private, 4~ convicted under the provisions of this section shall pay all costs 49 and expenses involved in the case. 50 5! Nothing herein contained shall prevent the County from taking such 52 other lawful action in any court of competent jurisdiction as is 53 necessary to prevent or remedy any violation. Such other lawful 54 action shall include, but shall not be limited to, any equitable 55 action for injunctive relief or action at law for damages. The 56 County shall have ~he power to collaterally enforce the provisions of 27 this Code and ordinance through the County Code Enforcement Board. 59 CHAPTER 34 EXISTING BUILDINGS 60 3401 General 61 3401.1 Alterations, repairs or rehabilitation work may be made to 6~ any existing structure, building, electrical, gas, mechanical, 63 plumbing or fire system without requiring the building, structure, ~ plumbing, electrical, mechanical, gas or fire system to comply with 65 all the requirements of the technical Codes provided that the 66 alteration, repair or rehabilitation work conforms to the 67 requirements of the technical Codes for new construction. The 68 Building Official shall determine the extent to which the existing 69 system shall be made to conform to the requirements of the technical 70 Codes for new construction. -21- AGE,O* ~r~ Words st ........... =.. are deleted; words underlined ar~ added SEP 2 2 1998 1 2 3401.2.2 Change of Occupancy 3 If the,occupancy classification of any existing building or structure 4 is changed, the building, electrical, gas, mechanical, plumbing and 5 fire systems shall be made to conform to the intent of the technical 6 Codes as required by the Building Official. 7 $ 3403.3 Historic Buildings 9 The provisions of the technical Codes relating to the construction, ]0 alteration, repair, enlargement, restoration, relocation or moving of 1~ buildings or structures shall not be mandatory for existing buildings 12 or structures identified and classified by the state or local 13 jurisdiction as Historic Buildings when such buildings or structures 14 are judged by the Building Official to be safe and in the public ]5 interest of health, safety and welfare regarding any proposed ]6 construction, alteration, repair, enlargement, restoration, ~7 relocation or moving of buildings within fire districts. ~9 20 SECTION TWO: CONFLICT AND SEVERABILITY 21 In the event this ordinance conflicts with any other ordinance 22 of Collier County or other applicable law, the more restrictive shall 23 apply. If any phrase or portion of this ordinance is held invalid or 24 unconstitutional by any court of competent jurisdiction, such portion 25 shall be deemed a separate, distinct, and independent provision and 26 such holding shall not affect the validity of the remaining portion. 2s 29 SECTION THREE: INCLUSION IN THE CODE OF LAWS A/TD OP, DINJtNCES 30 The provisions of this Ordinance shall become and be made a part 31 of the Code of Laws and Ordinances of collier County, Florida. The 32 sections of the Ordinance may be renumbered or relettered to 33 accomplish such, and the word "ordinance" may be changed to 34 "section", "article", or other appropriate word. 36 SECTION FOUR: EFFECTIVE DATE 37 This Ordinance shall become effective upon filing with the 3s Secretary of State. 39 40 41 PASSED AND DULY ADOPTED by the Board of County Commissioners of 42 Collier County, Florida this day of 1998. 47 ATTEST: BOARD OF COUNTY CO~LMISSIONERS 4~ COLLIER COUNTY, FLORIDA 49 DWIGHT E. BROCK, Clerk 51 By: 52 BARBARA B. BERRY, Chairman ~4 Approved as to form 55 and legal sufficiency: 57 59 Thomas C. Palmer 60 Assistant County Attorney No. 17((5.) Words ee~h are deleted; words underlined are ad~ 2 2 1998 ] TABLE OF CONTENTS 2 3 SECTION ONE: THE COLLIER COUNTY BUILDING CONSTRUCTION 4 ADMINISTRATIVE CODE 6 101 TITLE AND SCOPE 7 101.1 PURPOSE g 101.2 TITLE 9 101.3 CODE REMEDIAL I0 101.3.1 GENERAL ~! 101.3.2 QUALITY CONTROL 12 101.3.3 PERMITTING AND INSPECTION ]3 101.4 SCOPE 14 101.4.1 APPLICABILITY 15 101.4.2 BUILDING 16 101.4.3 ELECTRICAL ~7 101.4.4 GAS ]g 101.4 .5 MECHANICAL 19 101.4,6 PLUMBING 20 101,4.7 FEDERAL AND STATE AUTHORITY 21 101.4.8 APPENDICES 22 101.4.9 REFERENCED STANDARDS 23 101.4.9.1 FiRE 24 101.4.9.2 SWIMMING POOL 25 101.4.10 MAINTENANCE 26 27 102 . 1 BUILDING OFFICIAL 2~ 102.1.1 BUILDING OFFICIAL QUALIFICATIONS 29 102 . 2 . 5 PLUS EXAMINER QUALIFICATIONS 30 102 . 2 , 2 CHIEF INSPECTOR QUALIFICATIONS 31 102 . 2 . 3 INSPECTOR QUALIFICATIONS 32 102.2.4 DEPUTY BUILDING OFFICIAL 33 102.3 RESTRICTIONS ON EMPLOYEES 34 102 . 4 RECORDS 35 102 · 5 LIABILITY 36 102 · 6 REPORTS 37 3~ 103 PCWERS AN"D DUTIES OF THE BUILDING OFFICI;%L 39 103. I GENERA~L 40 103.2 RIGHT OF ENTRY 41 103.3 STOP WORK ORDERS 42 103.4 REVOCATION OF PERMITS 43 103.4.1 MiSREPRESEN-fATION OF APPLICATION 4~ 103,4.2 VIOLATION OF CODE PROVISIONS 45 103.5 SAFETY 46 103.5.1 UNSAFE BUILDINGS OR SYSTEMS 47 103,5.2 PH~£SICAL SAFETY 49 103,6 REQUIREMENTS NOT COVERED BY CODE 50 103.7 ALTER/gAT] MATERIALS A.ND METHODS 52 104 PERMITS 53 104 1 PERMIT APPLICATION 54 104 1.1 WHEN REQUIRED; PERMIT FEES 55 104 1.3 WORK AUTHORIZED 56 104 1.4 MINOR REPAIRS 57 104 1.5 INFORMATION REQUIRED 58 104 1,5,1 PROHIBITED ACTIVITIES PRIOR TO PERMIT ~9 ISSUANCE 60 104,2 DRAWINGS AND SPECIFICATIONS 61 104.2. ! REQUIREMENTS 62 104.2.2 ADDITIONAL DATA 63 104.2.3 DESIGN PROFESSIONAL 64 104.2.3.1 ELECTRICAL INSTALL.~TION 65 104.2.4 STRUCT-JR3%L AN/3 FIRE RESISTANCE INTEGRITY 66 104.2.5 SITE DRAINAGE 67 104.2.5.1 LOT DRAINAGE PLAN 68 104.2.6 SURVEY REQUIRED 69 104.2.7 FIRE DAMAGE 70 104.3 EXAMINATION OF DOCUMENTS lO4.3.1 REVIEW .. 72 104.3.2 AFFIDAVITS ~'~.,{D,.~,~T_/i-~,.,_...,...., Words ~ are deleted; words underlined are dd~[p 2 2 1998 104.4 ISSUING PEP. MITS 104.4.1 ALBION ON PERMITS 104.4.2 REFUSA/~ TO ISSUE PERMIT 104 . 4 . 3 SPECIAL FOUNDATION PERMIT 104.4.3.1 FOUNDATION PERMIT PROCEDURE 104.4.4 PUBLIC RIGHT OF WAY 104.5 CONTRACTING RESPONSIBILITIES 104.6 CONDITIONS OF T/RE PERMIT 104.6.1 PERMIT INTENT; GENERAL 104.6.1.1 PERMIT INTENT; TIME LIMITATION. 104.6.1.2 PERMIT INTENT: SUSPENSION OR ;%BA~;DONqZENT. 104.6.2 PERMIT ISSUED ON BASIS OF ;uN AFFIDAVIT 104.6.3 PLA.NS 15 104.6.4 ENVIRON'MENTAL PROTECTION 16 104.6.4.1 WASTE MJ{TERiALS M~dgAGEME~IT 17 104.6.4.2 DUST CONTROL I~ 104.6.4.3 NOISE CONTROL 19 104.7 FEES 20 104.7.1 PRESCRIBED FEES 21 104.7.2 WORK COMMENCING BEFORE PERMIT ISSUA/~CE 22 104 . 7 . .~ ACCOUNTING 23 104.7.~ SCHEDULE OF PERMIT FEES 24 104.7.E BUILDING PERMIT VALUATIONS 25 26 105 INSPECTIONS 27 105.1 EXISTING BUILDING INSPECTIONS 2g 105.2 FJkN73FACTlIRERS A~"D FABRICATORS 29 105 . 3 . 1 PARTIAL BUILDING INSPECTIONS 30 105.4 INSPECTIONS PRIOR TO IS. SUANCE OF CERTIFICATE 31 OF OCCUPANCY OR COMPLETION 32 105 . 4 . 1 TEMPORJkRY OCCUPA/~CY 33 105.5 POSTING OF PERMIT 34 105.6 REQUIRED INSPECTIONS 35 105 . 7 WRITTEN RELEASE 36 105.8 REINFORCING' STEEL AND STRUCI'JRAL FRT~MES 37 105.9 PLASTER FIRE PROTECTION 39 106 CERTIFICATES ~0 106 1 CERTIFICATE OF OCCUPANCY · ti 106 1.1 BUILDING OCCUPANCY ~2 106 1.2 iSSUING CERTIFICATE OF OCCUPANCY a3 106 1.3 TEMPORJ~RY/CONTINGENT OCCUPANCY ~ 106 1.4 EXISTING BUILDING CERTIFICATE OF OCCUPANCY 45 106 2 CERTIFICATE OF COMPLETION .i6 106 3 SERVICE UTILITIES a7 106 3.1 CONNECTION OF SERVICE UTILITIES 4~ 106 3.2 TEMPORARY CONNECTION ~9 106 3.3 AUTHORITY TO DISCONNECT SERVICE UTILITIES 50 106 4 POSTING FLOOR LOADS 51 106.4.1 OCCUPANCY 52 106.4.2 STORAGE AND FACTORY- INDUSTRIAL OCCUPANCIES 53 106.4.3 SIGNS REQUIRED 55 107 TESTS 56 108 BOARD OF ADJUSTMENT AND APPEALS 57 110 VIOLATIONS AND PENALTIES 59 Chapter 34 EXISTING BUILDINGS 60 34 01 GENERAL 6t 3401.2.2 CH3{NGE OF OCCUP~dgCY 62 3403.3 HISTORIC BUILDINGS 63 6~ EXHIBIT A - SHEET 1 65 - SHEET 2 66 - SHEET 3 6'; 6g 69 70 71 72 -24- Words ~ are deleted; words underlined are ~dde~p 2 2 1998 EXECUTIVE SUMMARY AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AND AMENDING ORDINANCE 95-18, THE COLLIER COUNTY ELECTRICAL CODE. OBJECTIVE: To have the Board of County Commissioners approve an ordinance adopting the 1996 Edition of the National Electrical Code as published by the National Fire Protection Association and amending Ordinance 95-18, the Collier County Electrical Code. CONSIDERATIONS: The Board of County Commissioners of Collier County is authorized under Chapter 125 of the Florida Statutes to enact and enforce regulations necessary for the protection of the public and fudher is authorized under Section 553.18 of the Florida Stalufes to adopt and enforce additional, more stringent, standards than those prescribed in the then currently applicable edition of the Flodda Electric Code. The State of Flodda has adopted the 1996 Edition of the National Electrical Code as the minimum state electrical code. Staff is desirous of having the Board of County Commissioners adopt into the Collier County Code of Laws and Ordinances the 1996 Edition of the National Electrical Code and further amend Ordinance 95-18 as follows: 1) Add Article 5090, Introduction; 2) Add Article 5100, Definitions; 3) Add Article 5110, Requirements for Electrical Installations; 4) Add Article 5210 Branch Circuits; 5) Delete Subsection (i) of former Section 210.52, Feeders; 6) Add Article 5220, Branch Circuit, Feeder, and Service Calculations; 7) Add Article 5225, Outside Branch Circuits and Feeders; 8) Amend Section 230-7, Service Conductors; 9) Amend Section 230-21, Service Roof Mast; 10) Delete former Subsection 230-23(b), Size and Rating an adding back formerly deleted Exception thereto; 11) Add Subsection 5230-28, Service Mast Support; 12) Delete Subsection 230-31(b), Size and Rating, and add back former Exception thereto; 13) Amend Section 5230.42, including adding back formedy deleted Subsections (1), (2), and (3), and formedy deleted Exceptions thereto; 14) Amend Section 5230-43; 15) Add Article 5250, Grounding; 16) Delete former Subsection 300-1(a) and repealing former Exceptions No. 3 and 8; 17) Amend former Subsection 300-1(c), Other Conductors in Raceway or Cable; 18) Amend Section 5336-4, Uses Not Permitted for Non Metallic Sheathed Cable; 19) Add Article 5348, Electrical Metallic Tubing; 20) Add Article 5370, Outlet, Device, Pull and Junction Boxes, Conduit Boxes and Fittings; 21) Add Adicle 5422, Appliances; NO. 22) Amend Adicle 5550, Mobile Homes, Manufactured Homes, and Mobile Home Parks; ' SEP 2 2 1998 23) Add Article 5555, Docks and Davits; 24) Amend Article 5680 to incorporate same into Section 5680-5 of the NEC; 25) Add Subsections 5680-25(a) and (d) and deleting Exception No. 3; 26) Add Article 5695, Fire Pumps. These proposed changes to Ordinance 95-18 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve an Ordinance adopting the 1996 Edition of the National Electrical Code as published by the National Fire Protection Association, and amendi_ng ~/,~ Ai~ance 95-18, the Collier County Electrical C°de' PREPARED BY: ,." '" .. ~ DATE: r,,~. ,:-J--o- / J' ,Joh/~ie~Ge~l~ar~lt~, Customer Service Supervisor REVIEWED BY: ~"",,e~...~ _~.,,~/,.--.~....,.,~ DATE: ~"'-bo-~ [/' Ed Pedco, Director B u~g/~/iew & Permittin,g,~t. APPROVED BY: ~'"~?~ ' ~'~ATE: ~ "'/~ -~'~ Vincent A. Cautero, AICP, Admin;':trator Community Development and Environmental Services AGENO&_ITEM No. SE? 2 2 1998 i ORDINANCE 98- 2 3 CO!.I.IER COU'NTY ELECTRICAL CODE 4 5 AN ORDINANCE ADOPTING THE "NATIONAL 6 ELECTRICAL CODE, 1996 EDITION", AS PUBLISHED BY 7 TIlE NATIONAL FIRE PROTECTION ASSOCIATION; ALSO 8 AMENDING ORDINANCE 95-18, BY LOCAL AMENDMENTS 9 AS FOLLOWS: ADDING ARTICLE 5090, INTRODUCTION; lo ADDING ARTICLE 5100, DEFINITIONS; ADDING ARTICLE I~ 5110, REQUIREMENTS FOR ELECTRICAL INSTALLATIONS; ~2 ADDING ARTICLE 5210, BRANCH CIRCUITS; DELETING ~3 SUBSECTION (i) OF FORMER SECTION 210-52; FEEDERS; ~4 ADDING ARTICLE 5220, BRANCH CIRCUIT, FEEDER, AND 15 SERVICE CALCULATIONS; ADDING ARTICLE 5225, ~6 OUTSIDE BRANCH CIRCUITS AND FEEDERS; AMENDING i? SECTION 230-7, SERVICE CONDUCTORS; AMENDING ts SECTION 230-21, SERVICE ROOF MAST; DELETING ~9 FORMER SUBSECTION 230-23Co), SIZE AND BATING AND 20 ADDING BACK FORMERLY DELETED EXCEPTION 2~ THERETO; ADDING SUBSECTION 5230-28, SERVICE MAST 22 SUPPORT; DELETING SUBSECTION 230-31Co), SiZE AND 23 RATING, AND ADDING BACK FORMER EXCEPTION 24 THERETO; AMENDING SECTION 5230-42 INCLUDING' 2.~ ADDING BACK FORMERLY DELETED SUBSECTIONS (1), 26 (2) AND (3) AND FORMERLY DELETED EXCEPTIONS 27 THERETO; AMENDING SECTION 5230-43; ADDING 28 ARTICLE 5250, GROUNDING; DELETING FORMER 29 SUBSECTION 3u0-1 (a) AND REPEALING FORMER 30 EXCEPTIONS NO. 3 & 8; AMENDING FORMER 3t SUBSECTION 300-1(c), OTHER CONDUCTORS IN :2 RACEWAY OR CABLE; AMENDING SECTION 5336-4, USES 33 NOT PERMITTED FOR NON-METALLIC SHEATHED CABLE; 3a ADDING ARTICLE 5348, ELECTRICAL METALLIC TUBING; .~5 ADDING ARTICLE 5370, OUTLET, DEVICE, PULL AND 36 JUNCTION BOXES, CONDUIT BOXES AND FITTINGS; 37 ADDING ARTICLE 5422, APPLIANCES; AMENDING 38 ARTICLE 5550, MOBILE HOMES, MANUFACTURED HOMES 39 AND MOBILE HOME PARKS; ADDING ARTICLE 5555, 4o DOCKS AND DAVITS; AMENDING ARTICLE 5680 TO 41 INCORPORATE SAME INTO SECTION 5680-5 OF THE NEC; 42 ADDING SUBSECTIONS 5680-25(a) AND (d) AND DELETING 43 EXCEPTION NO. 3; ADDING ARTICLE 5695, FIRE PUMPS; aa PROVIDING FOR CONFLICT AND SEVERABILITY; 45 PROVIDING FOR INCLUSION INTO THE CODE OF LAWS 46 AND ORDINANCES; AND PROVIDING A DELAYED 47 EFFECTIVE DATE. a9 WItEREAS, the State of Florida has adopted the 1996 edition of the 50 National Electrical Code ("NEC") as the applicable minimum state !ectrie~__.~_.~) si and SEP £ 2 1998 ~ WHEREAS, Chapter 125, Florida Statues, grants Collier Count3' the 2 authority to provide for the health, welfare and safety of existing and 3 residents by enacting and enforcing regulations necessary for the protection ,~ public, including this Ordinance; and 5 6 WHEREAS, Section 553.18, Florida Statues, authorizes Collier County to 7 adopt and enforce additional (always more stringent) standards than those 8 prescribed in the then currently applicable edition of the "Florida Electric Code"; 9 and l0 ~1 WHEREAS, this Ordinance adopts into the Collier County Code of Laws 12 and Ordinances the 1996 edition of the National Electric Code, including Collier t3 County's local amendments thereto, by amending Ordinance 95-18 as specified 14 herein. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ~7 COLLIER COUNTY COMMISSIONERS OF COLLIER COL,~TY 18 FLORIDA, that: ~9 20 SECTION ONE: The "National Electrical Code, 1996 Edition" as 21 published by the National Fire Protection Association is hereby adopted by 22 reference as the "Collier County Elecwical Code." 23 2a SECTION TWO: For Administration and jurisdiction pursuant to this 25 Ordinance, refer to the "Collier County Building Construction Administrative 26 Code," which is referred to herein as the "CCBCAC". 27 ~ SECTION THR~E: The "National Electrical Code, 1996 Edition" as 29 adopted by this Ordinance is hereby amended by local amendments as follows. 3~ Drawing and Table Index 33 Appliance Ampacity Table Page 9 34 35 l'~umberofBranch Circuits Table Page I0 37 Feeder and Service Demand Factors for Boat Slips with Lifts Page 17 39 Grouping of Disconnects: Article 5230-72 no al Small Appliance Circuits Required, Countertops: ,~2 Article 5210-52(c~ ~ Terminations. Metal Frame of Building: Article 5110-14(a) 45 ,~6 Service Mast Support: Article 5230-28 47 ns protection ofN'EMA 3R Enclosures: Article 5300-6 ~o Accessible Attic Space: Article 5100 Definitions SEP 2 2 1998 Words ~ are deleted; words underlined aze ad,ed. 1 [FPN% Inside Near_est Point of Entrance: Article 5230-70 .~ protection of Cables: Article 5300-4(e'~ 6 INTRODUCTION to the National Electrical Code ("NEC"~, the number 'JY' has been placed before 10 II 12 13 ' ' ]~ appropriate place. The numbeL"5' is used to refer to the 500 series used for Is electrical inspections (500 through 507.L 19 systems, equipment and wiring methods. 20 . . . . .... 21 . · ' 23 ,,~ systems, for the safety, of persons and property. :6 Ld.k__Ap~LICATION: ~ny work on electrical installations and every electrical :: ~evicx installed in ness' or then existing construction shall conform to ....~~ments of this Ordinance. 29 30 3~ apparatus or equipment in or onto existing installations shall conform to the 32 requirements of this Ordinance. .,4 [2) Work shall not commence until a permit for work has been issued. 36 (j) Maintenance or repairs limited to a dollar amount not to exceed 3-, 5400.00 may be made without a permit, as per the Collier CourtLy Building 3* _Construction Administrative Code. 39 ~o [ii) Emergency repairs after normal business hours shall be .1~ nermined under this Ordinance by means of an application for such permit 42 ~r a letter of request for such a permit submitted by the licensed contractor. 43 ~hich application or letter may be delivered by facsimile to the Building .14 Department before noon of the preceding business day. (Refer tu 45 subsection (g)(2), below. ,16 a? (iii) Failure to comply with subpara~aphs (i) & (ii). above, will a9 permitted reoairs will be subject to the oenalfies listed in SiP 2, 2 1998 W;rds ~r',:':-~ ".~r:'~;5 are dele'.et: ~::is under!'-r, ed are ~d:ted. brQught up to the NEC standards as amended by this Ordinance, in no case shall Iii : electrical work be performed on any pan of the circuit without insuring that the 3 circuit is safe ',~'ith regard to life and property., .~ L?..L_TEMPORARY SERVICE. Temporary power sen-ice connections 6 require approval by the electrical inspector in each case where need for temporary 7 electric power exists and the electrical system is determined by the County. to be ir~ 8 a safe operating condition for such temporary, service. Such approval in reply to a 0 completed application for temporary service must be obtained before an3' ~0 connection to the electric utiliLy (or other commercial power source) for such I~ temporary, electric service. 12 ~3 (h). NOTICE OF NEED TO CORRECT: NOTICE OF VIOLATION' 14 When any w/ring, equipment and/or other pans of the electric system does not ~5 meet the requirements of the NEC as amended by this Ordinance. a !'Notice of ~6 Correction" (Yellow Tag) shall be issued listing such violations, and if such 17 w/ting, equipment and/or other parts of the system are found to be unsafe to life or ~8 property., a "Notice of Violation" FRed Tag) shall be issued. Each such Notice 19 shall be provided to the property_ owner and/or the electric/an. That Notice shall be 20 posted _(by the inspector or investigator) at a location that is deemed by the person 2~ posting the Notice to be the most visible. The Notice shall advise that each :2 violation must be corrected v,4thin a reasonable per/od of time. The Contractor 23 shall be responsible to correct such v/otafions and obtain a re-inspection within a 24 reasonable period of time after receipt of the Notice. Removal of any such Notice 25 before the violation has been corrected is a separate violation of this Ordinance. 26 29 :0 Accessible. above acoustic ceiline_x_Any equipment requiring electrical pov,'er; 3~ conduit bodies, junction, pull and outlet boxes that is less than forty, eight (48) 32 inches above the acoustical ceiling track. Accessible attic space(s): The space from the top of the bottom truss, cord or joist to the bottom ofthe top truss, cord or joist must not be less than twen~ four (24) inches. (See fi_m~re 6). 37 b.f.e.: Base Flood Elevation. The flood elevation established by FEMA (Federal Emergency Management Agency) as having a one percent (1%) chance of being equaled or exceeded in any Wen calendar year. Chief Electrical Inspector: Each person appointed by the Building Official to be responsible for Electrical Inspectors. Plan~ Examiners and/or interpretation of this Ordinance. Special permission for installations limited by this Ordinance shall be ~anted in writing for the specific installation by the Chief Electrical Inspector. (Additional qualifications are listed in the CCBCAC). In this Ordinance 47 "Chief" means the Chief Electrical Inspector, who is the Head of the Electrical SEP g g 1998 are d~J.e~:~d; words u~d~z-lJ.r~,d &re add~,d. ~ Electrical Contractor: As defined in the Collier Coun.ty Licensing Board 3 .1 Electrical Inspector: Each person then authorized by the Chief Electrical 5 Inspector to inspect electrical systems and to enforce the laws. rules and 6 re~lafions relating thereto, and/or to enforce the NYC Code. 7 8 Electrical Plans Examiner: Each person appointed to review plans for 9 compliance of this Ordinance. _Oualifications required for this position are listed 10 in theCCBCAC. ]: Electrical System: A system of electrical wiring for the use of light, heat; power ~3 or low voltage electric systems, and all appurtenances, apparatus, or equipmenl ~4 used in connection therewith, inside of and/or attached to any building, structure; ].~ lot or premises. ~ ~rneyman: As defined in the Collier County Licensing Board ~9 :0 ENT: Electrical Non-metallic Tubin_v 22 II:l.~[e,_II~u~,~t point of entrance: _Shall be determined by the longest phas,: 23 conductor not to exceed ten (I0~ feet after the conductor has entered into th,~ 2~ building. Refer to Section 230-70 and Figure 7, 26 Installation requiring engineering: Refer to CCBCAC. Section i03.2.3.1.~11 27 Electrical Installation. Installation size shall be determined by the maximun-~ 28 ampere rating of fuse or circuit breaker of either (i) a single disconnect enclosure 29 or (ii) the sum of multiple disconnects used as ser,,'ice equipment. -~ Exg.0..Se.d~(As applied to w/r/ng methods). Exposed to physical damage: Any :: cable assembly or ENT that is exposed from grade or finish floor extending 33 vertically eight (83 feet or more. 34 _~5 Maintenance or Repairs: Maintenance is repair or replacement of existing 36 defective equipment such as lighting fixtures, branch circuit devices_ appliances: 37 and motors and the new equipment is of the same current, power and voltag~ 38 ratings as that being repaired. Branch circuit wiring between the ufilizafio~ 39 equipment and the required disconnecting means w/thin sight of the equipmenl. .10 but not exceeding six (6) feet in length, is maintenance or repair provided th~' .11 wir/ng method is not being changed. Alteration or extension ora w/ring systemjs 42 not maintenance or repair. 43 = NEC: The current edition of the National Electrical Code as then adopted by. and 45 applicable to. Collier County. .16 47 Reasonable Period: Ten (I0) working days shall generally be considered to be ~ .18 ' . ' . .' . 50 reasonable period of time, words :~ru:.~, ~7;u~h are deleted; words underlined are ded. ~ Sleeve: A raceway used to conceal cable and to protect it fi.om physical damage. 3 Stilt t?,.~e structure: A structure constructed seven (7) feet or more above the ,: _m'ound and which may not provide passage for a motor vehicle. 6 Wet Location. Tub or shower space. The outermost horizontal edge of the tub. 7 steps or curb extending vertically eight (8) feet fi.om the floor of the shower or mb s rim. 9 to ~,RTICLE 5110 ~1 REQUIREMENTS FOR EI.ECTRICAL INSTALLATIONS 13 5110-1. Dwellines. 14 ~5 (.a.k_Panelboards and Load Centers..In addition to the number of circuits 16 required for new construction of dwelling units, each panelboard shall have at 17 least two (2) full sized extra breaker spaces side by side and on opposite phases ~9 :0 fl~). Access to Electrical Panel. A sleeve with a minimum of V, inch diameter :I shall be installed fi.om each panelboard or loadcenter to accessible attic space. n Sleeve shall not be required to run a _creater height than 1 story.. :3 Exception: Multi-family dwellings between floors where there is no accessible :4 at-ftc space. :6 5110-2. Other Structures. :'7 :s fa).,_ Conductor Sizes. The following occupancies or areas shall have a 29 min'.-'um conductor size of#12 Copper. 30 3~ (1) Commercial or Industrial structures or areas. 3: (2) Common or Public areas. 33 (3) Parking illumination and street lighting. 34 35 Exception: Control wiring and communication, securiW, and/or fire 36 protective systems. 37 38 ~). Mtnlmum Raceway Sizes. All commercial structures shall have a 39 minimum raceway size for service and feeder of 1 ¼" trade size. 40 Exception No. 1' Structures listed in Section 5230-42 of this ordinance. ~ Exception No. 2: Single sto~ detached structures with restrooms only, and 42 without bathing or other water facilities. *: {c). Access to Electrical Panel. For new construction of commercial 4~ structures, each panel board shall have a minimum of two (2'} M" inch raceways ,:6 installed from the panelboard into accessible area above to ceiling 47 48 5110-3(b)(1). Examination. Identification, Installation. and Use of 49 F.,qlligmr. a~ Materials for installation of electrical wiring or ~aadc :-.:~ of 50 electr/cal equipment shall be listed for the respective use(s). SEp 2 2 1998 Words ==Tuck ~hr:u3.~. are deleted; words underlined are dded. 1 Where two (2) or more components are ~ouped together to perform or operate in 2 3 testin, laboratory as senarate comoonents, the Chief may twant ant~roval · ~ upon receiving a schematic drawing, documents of product listing and finished 5 assembly is to be installed in an enclosure approved for such installation. The 6 Chief shall provide notice in writing if the assembly is acceptable or whether 7 approval must be determined by an approved testing laboratory.. Plumbin~ s raceways or fittings or any other raceway system not listed or labeled for the use 10 ]~ 51104. Color Coding Voltage Systems. Color coding for all service ]2 entrance and feeder conductors shall be as follows: 1,~ (I). For 120/208 volt 3 Phase systems: Black, Red & Blue shall be used as ~s phase conductors. White or Gray may be used to indicate neutral conductors. ~: (2). For 277/480 volt 3 Phase systems: Brown, purple & yellow shall be ~ ~conductors. White or Gray may be used to indicate neutral ~', g~0nduglors. :~ (3L Where 3 Phase systems (I) & (2) are both present. White shall be used :: for 120v loads and Gray shall be used for 277 volt loads. All 3 phase loads shall 23 have their phase conductors of the same color connected to the same phase feeder :4 conductors throughout the electrical system. 25 26 :7 (60) amperes or less shall be of copper. 2S 29 5110-14(a). Terminations. *nnere a termination is made between a ~oundine 30 electrode conductor and the metal frame of a building or other structure, the 31 terminal device (pressure connectors, including set screw t2,..'pc) shall be fastened in 3: two (2) places. (See fi~re 3). In panelboards, all _m'ounding conductors shall 33 terminate at the approved g'round bar. No field installed lugs shall be accepted. 34 36 BRANCH CIRCUITS 37 3s 5210-19(o). Conductors - Minimum Ampacity. A dwelling unit with a single 39 range or cooking appliance shall have a minimum branch circuit rating of forty. 40 (40) amperes. 41 a2 5210-52. Dwelling Unit Receptacle Outlets. 43 44 (a). Refrigeration Equipment. The receptacle outlet for refrigeration a5 equipment shall be supplied from an individual branch circuit rated at least 20 ar Exception: Refrigeration equipment not to exceed six (6) cubic foot capaci~' may as be connected to the ~ circuit accordin, g to Table 52 ,49 sgP 2 2 1998 ....... are deleted; words underlined are $dded. Words ...... t. ~ ................ =mpere ............ .= .... v 4 (b). Appliance Circuits. Appliances listed in Table 5210-52Co) and their .~ ampacities shall be used in calculating the minimum load for branch circuits, and 6 shall be in addition to the two (2) small appliance circuits. It shall be permissible 7 to connect two (2) or more appliances by adding the sum of ampere ratings but 8 shall not exceed the branch circuit ampere rating. 9 10 (c). Small Appliance Circuits Required. The number ofrecep, tacle outlets shall ~ not exceed those permitted in Table 5220-4 and not more than six (6) shall serve ~2 kitchen counter spaces. In addition to the outlets serving counter spaces kitchen ~.~ counters, it shall be permitted to supply receptacle outlets in other rooms as 1~ specified in Section 210-52(b)(I). 15 ~6 (d). Countertops. For countertop areas used as a pass-through, where the :; counter surface is (48) forty-eight inches or _re'eater .(but not to exceed (8) eight ~s feet') shall only require receptacle outlets immediately located on each side of ~9 opening. See Fi_cure 2. 20 Table 5210-52(b) 21 Voltages 120 120 208~240 208~240 Maximum Appliance Type Amps Watts Amps kW Breaker :Water Heater ;~2 / 19 4.5 30 ' Cooktop 32 / 35 6.6 1 8.2 50 / 50 t Range 30' 42148 8.7/11.6 50't 'HVLow Cooking Center 55~60 11.3/14.4 60't Double Oven 29 / 33 6.0 / 8.0 45 / 50 t Wall Oven 13/15 2.8 / 3.7 20/25t Dryer ! I 22 / 24 4.4 / 5,6 30' Built-in tron,ng Center j I 1200 15 ' Slothes Washer j 9.5 1140 20 '" Disposal 6 690 20 Trash compactor 6.5 780 20 Instant Hot 6.25 750 20 Dishwasher 8.6 1030 20 Freezer 5 600 20 Refrigerator 11.6 1400 20 ' 6 cu, fl. mini refrigerator 1.4 170 15 U.C. Icemaker/Re~g. 3 345 20 Built-in Microwave t 15 1630 20 Central Vac. t 12 1440 20 22 23 ~ These loads shall be permitted to be connected per Article 220-19, Note 4. 2.~ * These loads shall be wired on their own branch circuit 25 ** Shall be permissible to connect to general lighting circuit when located in [ 26 rooms other than those listed in210-52(b). 2: *** Shall be permissible to connect laundry, room receptacles on sa 2s SE P 2 2 1998 Words z. tr-,;ck thrc~:$h are deleted; words underlined are ~dded. ~ BRANCH CIRCUIT. FEEDER. AND SERVICE CALCULATIONS 3 4 5220-4. Branch Circuits Required. ~ak~L.gitf,~s for general lightine s loads for dwellings shall not be loaded or connected to more outlets or 6 combination thereof than listed in the table, below. Lighting outlets in this table 7 are based on a standard of 90w lamps. For other wattages, divide the cumulative s total by 90 to determine the maximum number of lighting outlets allowed. A 9 ceiling fan with light kit shall be counted as I lighting outlet. 10 .......... Table 5220-4 Number of Branch Circuit Outlets Lighting 0 2 4 6 8 10 12 14 16 18 20 Receptacles 10 9 8 7 6 5 4 3 2 I 0 11 12 ~ Example: A chandelier has sixteen (_16) bulbs forty. (40)'watts each. Answer: 16 ~ times 40 = 640 + 90 = 7.1 or (rounded up to 8) an additional six (6) receptacle or ~s twelve (12) lightqng outlets are permitted on the same branch circuit. 17 Example: Twelve f125 recessed lights connected to a branch circuit: How many Is receptacle outlets shall be permitted on the same circuit. ANSWER: Four (4) ~o receptacle outlets. 20 2~ 5220-4(b). Balancing Circuits. Two (2) or more small appliance circuits shall 22 balance as evenly as possible the total number of outlets serving counter tops 23 spaced. 2~ 2s 26 OUTSIDE BRANCH CIRCUITS AND FEEDERS 27 2s 5225-1. Below Base Flood Elevation. Electrical wir/ng methods for 29 dwellings in areas identified by FIRM maps as a "V" or "A" flood zone must 30 comply with this Article. (Flood elevations are to be noted on each permit issued 3~ in each such flood zone). 33 (a). Branch Circuits and Feeders. All branch circuits to receptacles, switches. 34 lighting fixtures and/or equipment located below the established b.f.e, shall have 3s their circuits wired separately from circuits above that b.f.e.. Feeders shall not be 3~ spliced below the b.f.e.. Feeders shall be permitted to terminate in equipment 3, below the b.f.e, only when overcurrent protection is provided above the b.f.e, and ~s is identified as such.. ~o ~). Overcurrent Protection. Identification ofeach overcurrent protection ~1 device shall be required for each feeder or branch circuit as connected in (a) 43 shall be identified as "(add equipment name~ below b.f.e." SEP 2 2 1998 ~ords otr'~ t,'-,r~,',:';5 are deleted; word~ underlined ar~ added. I0 Po. /~ , ,_ I 2 (c). Disconnects, Panelboards and Loadcenters. Disconnects. panelboards and 3 load centers that are located below the b.f.e, shall not be connected to essential ,t equipment if to be used for normal operation of the dwelling. If installed below s the b.f.e., enclosures in "V" zones, same must comply with subpara_m'aph (d) of ? 8 ~"V" zones are by definition always "veloci.ty zones" and arc, 9 therefore, subject to extreme moving water and wave action. Building ~0 construction requires portions of a structure to "breakaway" in every_ "V" zone, In ~t every. "V" zone. electrical equipment, outlets, raceways, cables and fixtures shall: 13 (1). Be installed on structural members and on walls that are not desi_cmed to 15 16 (2). Not interfere with the collapsing ofbreakaway walls, 17 ~s (3~. Be limited to compliance of receptacles outlets as per 210-52fe). below ~9 b.f.e, where elevation to b.f.e, is above _m'ade level access.. 21 (4). Have switching to essential lighting for entry, to dwelling: generally not 22 more than nvo (2] switches shall be permitted below the b.f.e. 23 24 (e). Alternate Power, Alternative power sources and related equipment shall 25 be above the b.f.e, 27 (lq. Serwice Equipment. Disconnects and panels utilized as service equipment ,'s shall not have enclosures below the b.f.e. :9 30 (g). Essential Equipment. All essential equipment such as water heater, well 3~ pumps (except for sprinklers). A/C and heating, refrigeration, appliances, or 32 similar equipment used to normally operate living conditions shall be above the 33 b.f.e,, 34 35 ARTICLE 5230 36 SERVICES 37 38 5230-7. Ot~er Cendu~er: !n Raceway ar Cable, Service Conductors, 39 Separately metered conductors shall not be installed in the same racev,'ay. ,~0 Service Line an~ lc, afl conductors shall not ~ occupy m the same raceway, ~ auxiliary, g'utter. ~cug~, enclosure or wire wa3' with feeder or branch circuit 42 conductors. a3 Exception: Where service and feeder conductors terminate in the same disconnect. 45 5230-21. OverSea~ Supply, Service Roof Mast, Al! set'Aces shah be ran ~ ............ ~ ............................................. me,er. The diameter ~7 of a roof mast shall be a minimum of two (2) inches. There shall be no coupling ~8 above the last r~oint of SUDDOrt. The service conductors from the m ,~, ~-"-~ ,^ a.. a9 meter enclosure shall be in galvanized threaded rigid met;l condor er SE P 1998 Words 2:tuck '.hr:u3h are deleted: words underlined are Jde~. I intermediate metal conduit· Exception: Where service conductor are routed 2 through an auxiliary _~-utter. 3 Special permission is required for use a metallic ,.,5.;,,,,., any other methods listed in Article 230-43. NEC. -~.~n .n n-,x ¢; .... a o...... ^'-',,.in;,m.."",",,, ,nr~,.~v ampere -er'A..., "" ........ .~..n ~.~ pro:'ided ~1 5230-28. Sen'ice Mast Support. Each service mast shill be supported vdthin n three (3) feet of the top or end of the mast head. Each service mast shall be 13 ;upported by a _guide wire not less than 'A" in diameter in the opposite direction of 1,~ the drop where mast extends more than three (3) feet with service drop conductors ~5 ¢ztendin_e 50 feet or more from the last point of support. Service mast shall be 16 supported by a minimum of two (2) straps, tSee fi_tmre 4). 17 18 ..... v-,/ ................ b .... m .,~ ampere 19 r.-....,H ,4 .... 11; ..... ;,,- ~,q/.. ....... ;,.! -'.+j,,/ Delete exception to,~,'~'~n _.'~ ~ 0o3., 22 5230-42. Size and Rating. A minimum 100 ampere service shall be provided for Exception: Structures that cannot be occupied. This exception applies to (a) ser~4ces for irrigation pumps and/or (b) services for equipment such as CATV amplifiers, irrigation time clocks, sign lighfin~ and similar equipment. 29 ~: 5230-43, Wirin~ Methods for 600 Vt)Its, Nominal, or less, Service-entrance a3 conductors shall be installed; ...... .4 ...... a,k ,1. .... l;~.,~kl* ' ........................ vv ....... r~'.:':rements of ..... covenng ,k~ type ^r .,...4 ..... k^`4 .... .4 ~,4 u,-,.;,~`4 ,^ ,~.~ following L~ methods within the limits of this Code in the following b'pe of wiring methods: 36 .~? (1) Rigid Metal Conduit; _~s (2) Intermediate Metal Conduit; ~9 (3) Busways; 40 (4) Wireways; ~ (5) Auxiliary gutters; · ~2 (6) Rigid Non-metallic Conduit Schedule 80. a3 aa Special permission is required for use of'4"i,4 ....... .: .... a,,:, .,~,4 a5 m~,.~n~, ,.,v.:.~ other methods listed in Article 23043. NEC. Exception No. 1: Wher~ raceway(s) emerges under or into a transformer or other as utility enclosure, 50 Exception No. 2: Where underground service entrance conductors inches or more below finished grade. SEP 2 2 1998 Words ztzu:k ~bzsu;b are deleted; words underlined are a Jded. 12 I 5230-70. Service Equipment - Disconnecting Means. Stilt .type structures shall 2 be provided with an external means of service disconnect. Inside nearest point of 3 entrance is defined herein as written in Section 230-70: See Article 5100. ,~ Definitions: Also see figure 7. 5 6 5230-72. Grouping of Disconnects. Separately metered occupancies without a , meter room and in the same structure shall have outside disconnects. (See Figure 9 10 AKTLC_.LF-,-5.2~ 12 13 5250-26(c). Grounding Separately Derived Systems. See Section 5110-14 for 14 termination of_grounding electrode conductor. 16 5250-33. Grounding Short Sections of Raceway. _Any exposed metallic ~7 raceway not exceeding (42~ forty, two inches in length is defined as a ?short is section" as written in the NEC Section 250-33. 10 Exception: Longer lengths shall have one (1) end terminate iii an approved box 20 2~ 22 5250-81(b). Metal Frame of a Building. See Section 5110-14 for termination 23 of grounding electrode conductor. 24 2s 5250-81(c). Concrete encased electrode. The concrete encased electrode shall 26 be the pr/mary grounding electrode and shall be required and included in formine 27 the ~ounding electrode system. 28 20 5250-83. blade and Other Electrodes. When the electrodes of 250-81 are 30 not available, at least two (2) made electrodes installed in accordance w/th 250-83 3s shall be used to form the Founding electrode system. 32 33 34 ARTICLE 5300 3.~ WIRING METItOD & MATERIALS 36 vrot~t..~ ign .......... 46 47 5300-1. Other Conductors in Raceway or Cable. Separately metered 4~ conductors shall not be ~ ~ in thc same raceway gLaab~. Linc and 4¢ load conductors shall not bc run in thc same raceway, trough or wire way. Scrvicc ~0 conductors shall not occuBv the same raceway, wirewav, trough. 5~ or enclosure with feeder or branch circuit conductoffs). SEP 2 1998 Nzrds :.~ .... '- -~- ..... ~- are deleted; word,, underlined are [dded. 13 ~ Exception: Where service and feeder or unprotected and protected conductors 2 terminate in the same disconnect 3 · , 5300-4(e). Protection of Cables. Cables installed along concrete or block. 5 walls or ceilings where a separation of at least 1 'A inches back from the nearest 6 edge of framing member cannot be maintained, shall be protected by a steel plate. 7 sleeve or equivalent. A furring strip shall be defined as a framing member. Each 8 area over windov,,s and sliding glass doors and within 18" inches of each side shall 9 protect cable by means of a steel plate, sleeve or equivalent. (See figure 8). I0 ~ 5300-6. Protectlon of NEMA 3R Enclosures. Each shall have a conduit hub or ~2 equivalent provision to exclude water at the conduit entrance if the entrance is at a 13 level higher than the lowest live part. Hubs shall have a gasket except where the la conduit opening has a factory, made flange. Sealing Lype locknuts shall be ~'. installed externally of the enclosure. The use of sealant or caulk shall not be ,6 permitted. (See fi_mare 5). 1'7 ~ ARTICLE 5336 19 NON-METALLIC SHEATHED CABLE 5336-4. Uses Not Permitted. Type NM and NMC cables shall not be permit'ted 22 in any commercial structure, e×cept -~;'~--'~' ~'~'~ .... m bei£~t. Areas in residential structures identified for other occupancy classification uses shall be in conduit or metallic cable assembly and must conform to all appropriate sectionsofthe Code. :6 AmeniD' structure fed fi.om another building shall be wired in a like method AmeniL'y non-dwelling structures fed from there own service require special permission before wiring is installed using non-metallic sheathed cable. Ameni .ty structures in multi-family projects such as a g~ard house, bath house. 33 cabana, pool house, mail kiosk; maintenance building, club house, sales centers or substantially similar structures are allowed only by means of special permission to ensure that the correct wiring method is install~:d. 3~ 37 A dwelling in a commercial building shall not be wired in .t.type NM cable. 39 Unfinished areas of wood frame garages, storage areas and substantially similar 40 locations shall install exposed NM cable parallel to framing members below the , ,,~ bottom of truss or ceiling joists. NM cable that is run perpendicular is classified 42 as "Exposed." (See Definitions herein), 43 ,~5 ELECTRICAL METALLIC TUBING 46 a? 5348-1. Use. The use of listed electrical metallic tubing shall not be used: (1) in 4~ direct contact with the earth: (2) in ground floor slabs: r3) in roof penetrations, or, ~9 (.4) out of doors eve .rywhere west of U.S. highway 41. 50 No SEP 2 2 1998 Words ~ru~,k ~.hr~u;,~, are deleted; words underlined are ad ed. 2 OUTLET. DEVICE. PULL AND JUNCTION BOXES. 3 CONDUIT BOXES AND FITTINGS 5370-23(c). Nonstructurai Mounting. Boxes fastened to suspended ceiline .qystems shall be adequately supported where attached to the main support in'id (not to cross T's). Exception: Where supported between two (2) cross T's and in compliance with subsection 1 10-3(o). 13 14 5422-14. Water Heaters. One of the following means shall be provided to ~5 protect against accidentally energizing the water heater prior to occupancy: (I) a 16 locking device on the branch circuit breaker, or (2) a disconnect at the appliance. ~8 ARTICLE 5550 ~9 MOBILE HOMES, 1MANUFACTURED.HOMES 20 AND MOBILE HOME PARKS 21 :2 5550-23(a). Mobile Home Service Equipment. 24 (1) Every service to a mobile home shall have an approved main 25 disconnect, fuse or breaker t2,.?e, located at the meter and a4as~o.M~ in the 26 mobile home. 28 (2) No electrical power shall be supplied to a mobile home, except a 29 travel trailer, until the mobile home is tied down in conformity with the Collier 30 County Mobile Home Ordinance Nc. 89 45 as then amended of superseded. 32 (3) The pole ~ for mounting the meter and disconnect shall be a 33 Class 6 or 7 treated wood or equal to properly preserve and protect it from decay 34 and insect damage (treated wood pole tapered to not less than six (6) inches in 35 diameter or a square pole not less than 8 inches x 8 inches), to be set a minimum 36 depth of five feet (5'0") for a pole and three feet (3'0") for a pedestal. 37 38 NOTE: The AHJ does not accept NEC 550-23(a) "Exception No. 2" as an 39 acceptable method of service installation. 40 41 A mobile home replacement shall not have its service equipment mounted on the 42 mobile home. 43 44 ,aRTICLE 5555 45 DOCKS AND DAVITS 46 47 5555-1. General. This Article applies to wiring methods and branch circuit 4g application for all docks and davits. Provisions of NEC Article 555 apply to this 49 Article. ^G~"g~gJ t'~ 50 SEP 1998 Words o~r'g=l: ...... ~.. are deleted; words underlined are tdded. Pg. /~ ~ I (al. Wiring Methods. Wiring shall be in Rigid non-metallic conduit or PVC 2 coated rigid metal conduit. 3 Exception: Lighting systems operating at 30 volts or less. : (Il Support. Metal straps shall be permitted if same are protected from 6 corros(o~ by manufacture applied PVC coating or equivalent field applied coating 7 before installation. Oversized conduit straps shall be permitted to support non- , metallic rigid conduit where flexibility, is required, but shall not exceed two 9 straps run consecutively. Straight runs of non-metallic rigid conduit shall have ~r, one (1) expansion coupling for each forty. (40) feet or ma.ior fraction thereof. 11 spaced as equally as possible. 12 ~3 (b). Equipment and blaterials. All enclosures shall be a minimum of NEMA ~,~ 3R. All materials shall be suitable for the enwironment and be listed for the 15 purpose in which to be used. All fasteners shall be made of stainless steel. Rigid ~6 metal conduit or intermediate metal conduit shall be PVC coated when installed 17 below the decking. 18 ~9 (c) Shore Power. 20 27 (1). Branch Circuit. Each single receptacle that supplies shore power to 22 boats shall be supplied by an individual branch circuit corresponding to the 23 rating of the receptacle. 24 26 t , ' ' 27 the outlet is not in use. Attachment caps shall have weatherproof boots to ?.s protect each outlet when in active use. .,0 [d). Lift Power. Where overload protection for motor(s) is not provided, the 31 motor(s) shall be protected by one !1) of the following: ~1~ overload protection 32 supplied by a branch-circuit short-circuit and _m'ound-fault protection device, or 3_~ (2) all motors loads shall be disconnected at the controller simultaneously upon 3~ failure of any motor in the _m'oup. All motors must be GFCI protected. 36 (1). Branch Circuit for Motors not over one (1) Horsepower. Lifts with 37 one (1) or more motors shall be permitted on the same branch circuit as per 38 Section 430-53. Where overload protection is supplied by the branch- 39 circuit short-circuit and ground-fault protection device, the circuit · ~0 conductors shall not be sized smaller than the protection device. Overload ~ protection shall be provided per Section 43042(a/ for motors of one (Il ~2 horsepower or less. limited to the conditions of subsections 430-53(a~(1~ ,~5 (.2). Motor Controllers. Motor controllers shall have a means of 46 disconnect located in sight of the controller location and shall disconnect ,t7 the controller. .~8 No SFP g 2 1998 Word~ e~ruch '.hr:z;h are deleted; word~ underlined are dded. 16 ~pg. /da' Ltl,_Other Loads, It shall be permissible to connect receptacle(s/to the 2 lift branch circuit as other loads per Section 430-53. Each such receptach outlet shall be GFCI protected. 4 s (el. Receptacles. All 125V. 15 and 20 ampere receptacle outlet(s) other that 6 those in paragraph (cl. above, shall be GFCI protected. 8 (fi. Lighting,_Light fixtures shall not be used for joints or splices unless the : '~ fixture has an inte~al junction box or wiring compartment as part of the listc~[ 10 equipment. See NEC. article 300-15(d). (g'}. Grounding. _All metal parts of listed electrical equipment, fixtures or materials shall be ~ounded and effectively connected to an equipment ~ounding cglld.~or originating at the service equipment. (h). Boxes. All boxes shall be weatherproof .P/pc with approved cover or plate. Boxes shall not be installed underneath (or alone side on the decking of docks, Outlet or junction boxes shall not be mounted lower than the top of the sea wall cap: and where there is no sea wall cap. not below the adjacent _trade. Unused 20 openings in the top ofboxes shall be sealed with duct seal or equivalenh 2~ 22 ii). Underground Wiring, Ail under_eround wiring installed outside of~, structure shall require an inspection for compliance with Article 300-5. O : 2.~ fi). Gasoline Dispensers, Gasoline dispensers on docks shall have conductor~, 26 installed in P¥C coated threaded rigid metal conduit or PVC coated thread¢~[ :7 intermediate metal conduil, 28 29 5555-5. Feeders and Services. It shall be permissible to apply the sum total 30 of the FLC for each motor of a water craft lift by the demand factor from Tablr 31 5555-5 by the number of slips with lifts, 32 34 Feeder and Service Demand Factors for Boat slips *vlth Lifts I slip 100% of the sum of the motor full Io~d current ratings 2 - 3 slips 4 · 6 slips 75% ....... ? · 10 slips I 1-20 shps 40% ............. 31 plus shps 30% .............. No SEP 1998 are delete~; ~ord$ uP, der'.f.~ed are IdeO. 17 Pg. £xample: I0 boat sT ips. 3 slq~ hive a 6a ~d a 12a lift, 2 sl~'s have ! hfi ~ 12 5 ~ 12- 3 x 6 - ~ 3 : ~TICLE ~680 ~ SWIMMING POOLS, FOUNTAINS & SIMILAR INSTALLATIONS 6 ~ ~680-5 & 20. Unde~ater Llghtiag Fixtures. ~ only approved me.od of s ~ng unde~ater lighting Ex.es sham be a Iow voltage supply not exceeding 9 volts ~om ~ a~roved ~sfo~er. e,,d~;~ ~1 ~d ~ ~;~g~ ~11 ~680-25. Methods of Croundin~. (a). Pool Li~htin! and Relste~ ~qulpment. In n~w cons~cdon. ~dn~ ~om thc switch to ~e pool light shall be in one of the ~dNn~ me,ods listed in 2~)inc]udin~ exceptions. Exception: In addition to ~}~c ~HHnt moth,s listed in 680-25~)(1) in then existing s~ch:res, the ~5fing ~'een a s~tch and the ~l light ~ansfo~er 22 must be an approved steel a~o~d MC cable under non-wet conditions, and 23 must be jacketed steel a~ored MC cable m ~mp and/or wet l~ations. 2a 2s (d). Panelboards. For then existing s~c~es, a remote panelboard shall be 26 pelleted to be connected to the se~ee equipment $5~ ~ ~ assembly" listed for use as sstfmming pool cable in addition lo ~e ~fing me~od~ 2s of 680-25(d~. Cable shall be steel jacketed steel ~ored MC cable. T~e SE 29 cables shall not be used for this ~e installation. Refer to subsection 5110-14(a) ~0 31 39 ~0 5695-8~). EJttJnEs. Fittings shall be of ~eaded or compression ~e. screw ~e fittinEs shall not be SECTION FO~: CONFLICT ~ SE~ILI~. In the event this ~dinance conflicts with any other ordin=cc of Collier Co~ or :~ thc more rcs<ctivc shall ~pply. If =y pk=c or po~on of ~s SEP 1998 W~rds :tru:k :hr~u~.~, are dele:ed; words underlined are tded. 18 pg. .~a _.-- invalid or unconstitutional by an)' court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE CODE OF THE LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections s of the Ordinance may be numbered and releriered to accomplish such, and the v,'ord "ordinance" may be changed to "section", "article", or any other appropriate word. ~2 SECTION SIX; EFFECTIVE DATE - DELAYED. This Ordinance shall be ~ forwarded without delay to Florida's Secretary of State, but this Ordinance shall ~,~ not become effective until 6:00 A.M. on the ~ day of , ~f 1998. 17 PASSED AND DULY ADOPTED by the Board of County Commissioners ~ of Collier County, Florida, this __ day of ,1998. 20 ATTEST: BOARD OF COUNTY COMMISSIONERS 2~ COLLIER COUNTY, FLORIDA 2., DWIGHT E. BROCK, CLERK 24 By: By: 25 Deputy, Clerk BARBARA B. BERRY, CHAIRMAN Approved as to form and legal sufficiency: 30 ~ F- .~ Thomas C. Palmer 32 Assistant CountyAttomey 33 tcWO'rd~lectm¢ll Code. 3,27-98 AGENDAJTEM i. SEP g 2 1998 Words ~r'~ck ~Sr~u~h are deleted: words underlined ar added. ~9 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 95-17, THE COLLIER COUNTY MECHANICAL CODE ORDINANCE. OBJECTIVE: To have the Board of County Commissioners approve an ordinance amending Ordinance 95-17, the Collier County Mechanical Code Ordinance. CONSIDERATIONS: The Board of County Commissioners of Collier County is authorized under Chapter 125 of the Florida Statutes to enact and enforce regulations necessary for the protection of the public and further is required under Section 553.73(1)(a), Florida Statutes, with responsibility to adopt a building code covering all types of construction. The State of Florida has adopted the 1997 Edition of the Standard Mechanical Code as the minimum state mechanical code. Staff is desirous of having the Board of County Commissioners amend Ordinance 95-17 to incorporate the 1997 Edition of the Standard Mechanical Code and further amend Ordinance 95-17 as follows: 1) Amend a new Subsection 304.2.1 regarding service accessibility; 2) Ad a new Subsection 304.7.1.1. regarding locations of all mechanical equipment; 3) Add a new Subsection 304.8.6.2 relating to secondary drain system; 4) Add a new Subsection 503.3.2.1 relating to recirculating air treatment systems; 5) Delete Subsection 604.4 related to flexible air duct connectors These proposed changes to Ordinance 95-17 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None to the County and minimal to the development community. RECOMMENDATION: That the Board of County Commissioners approve an amendment to Ordinance 95-17, the Co~ier County Mechanical Code. ;:)'~nnie Gbbhard[, Customer Service Supervisor ,. REVIEWED BY: ~,,-.~"/r /....~_~.-...~_ DATE: ,~-~- Ed Perico, Director ~/,~ew & Permitting Dept. Vincent A. Cautero, AICP, Administrator ,- AGENO~ ITEM Community Development and Environmental Services SEP 2, 2, 1998 ! 2 ORDINANCE 98- 3 COLLIER COUNTY M~CHANICAL CODE ORDINANCE 4 5 6 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95- 7 17, THE COLLIER COUNTY MECHANICJtL CODE ORDINANCE, BY ~ ADOPTING THE 1997 EDITION OF THE STANDarD MECHA~:~:;~ 9 CODE; ADDING A NEW SUBSECTION 304.2.1 REG~.Rii~G SERVICE I0 ACCESSIBILITY; ADDING A NEW SUBSECiiON 304.7.1.1 1! REGARDING LOCATIONS OF ALL MECq4ANICAL EQUIPmENt; ADDING 12 A NEW SUBSECTION 304.8.6.2 RELATING TO SECO~,'DARY DRAIN 13 SYSTEM; ADEING ; '~",..~ SUBSECTION 503.3.2.1 RELATING TO I~ RECIR~TiNG Al:- T~EATMENT SYSTEMS; DELETING 1~ SUBSECTION 604.4 RELATED TO FLEXIBLE AIR DUCT 16 CON~ECTORS; PROVIDING FOR CONFLICT AND SEVERABILITY; 17 PROVIDING FOR INCLUSION INTO TI4E COUNTY CODE; AND 18 PROVIDING AN EFFECTIVE DATE. 19 20 W~{EREAS, Chapter 125 of the Florida Statutes authorizes the 21 Board of County Commissioners to adopt a building c. ~d ~2 23 WHEREAS, Section 553.73 (1) (a), Florida Statutes, requires ~ local governments with building construction regulation 25 responsibility to adopt a building code coverin~ all types of ~6 construction, and 27 28 WHEREAS, the State of Florida has adopted the 1997 Edition 29 of the Standard Mechanical Code as the minimum State Mechanical 30 Code. 31 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF CO~UiY. 32 CO.~2~,ISSiONERS OF COLLIER COUNT~~ FLORIDA THAT COLLIER COUNTY 33 ORDINANCE NO. 95-17 IS HEREBY ~<ENDEE AS FOLLOWS: 34 35 SECTION ON-E: ADOPTION OF STANDARD M~CHA.NICAL CODE, 199~ ~9~7 36 EDITION. 37 The "Standard Mechanical Code, ~ 1997 Edition" including 38 Appendixes A and C, as published by the Southern Building Code 39 Congress International, Inc., as amended herein, is hereby adopted 40 by reference as the "Collier County MECKANICAL Code" to ~rctect the 41 health, welfare, safety, common interest and convenience of the 42 citizens, visitors, and residents of Collier County Florida. 43 The following text is hereby deleted from Section One of ~ Collier County Ordinance No. 92-70, as amended: "The Stan.=rd 45 Mechanical Code 1991 Edition..." Any other text in Ordinance No. 46 92-70, as amended, relating to the former Mechanical Code is also 47 deleted. 49 AG£NOAITE~ i SEPg g 1998 ............. ~,, .are deleted; words underlined a~ added. I SECTION TWO; AM~N'DMENTS TO STA.N-DJLRD M~CF_A-NICAL CODE. 2 The "Standard Mechanical Code, ~99~ 1997 Edition" includin~ 3 Appendixes A and C is hereby amended as follows: 5 CHAPTER 1 ADMINISTRATION 6 7 Chapter 1 of the Mechanical Code is deleted in its entirety. 8 Refer to the Collier County Building Construction 9 Administrative Code. 10 1; All references to Chapter 1 of the Mechanical Code shall be Il interpreted to mean the Collier County Building Construction ]3 Administrative Code Ordinance. 15 C]{APTER 3 GEINTERA/, REG/~LATIONS ~6 ]7 )Q4,2 ACCESSIBILITY FOR SERVICE 18 304.2,~ ~B a non-attic application, at 1-_~st the width of 19 the unit on the service side must be accessible for service, 20 21 304.7 CON'DENSER AND COMPRESSOR UNITS 22 304.7.1 Is hereby added to read as follows: 23 All condensing units mounted on a roof o'r any other location 24 subject to movement by winds or other forces must be tied 25 down in accordance to Section 1205 of the Standard Building 26 Code as published by SBCCI and as adopted and/or amended by 27 Collier County Ordinance. 25 29 304.7.1.1 All mechanical ecr~ip~en~ must be mounted above 30 established base flood elevation, When ¢~uipment is mounted d ~' m~ m ~ o _- "_ _ ~ . ~ . .'. ° . 33 to withstand a one hundred and ten (Il0) MPH wind a~ ~er t 34 Standard Buildin~ Code. 36 304.8 EVAPORATORS A/FD COOLING COILS 37 304.8.3 Condsnsats Disposal Place 38 Add a new paragraph (4) to read as follows: 39 All condensate lines, except emergency pan drains and blow ~0 through units, shall have a trap in line. The line shall be 41 insulated to prevent condensation. Schedule eighty (80) PVC 42 pipe may be used without insulation. ~3 44 304.8.6.~ SECONDARY DRAIN SYSTEM ~5 When i~ is not possible to install an auxiliary drain pan 46 under uni~ ¢on~ainin~ coolin~ coils~ a drainpipe shall be 47 coalesced to the secondary drain (overflow) connection so 45 that over~lowin~ condensate resultin~ from flow restrictions 49 in the primary drainpipe will be carried away without causin~ 50 ~m~ge to the unit or its surroundings. This overflowin~ 51 condensate shall be drained to a conspicuous point to serve 52 as an alarm that the primary drainpipe has become restricted. 53 As an alternative, overflowin~ condensate may be PiPed ~o a 5~ $~Gon~F¥ drain pan, firmly secured and located alongside uhe 55 coolin~ unit, from which the condensate shall be drained to a 56 ~onsp~q~ous point. The secondary drain pan shall have a 57 capacity a~ least ecrual to the condensate drip Dan, shall be 59 62 63 AGE. NDA ITEl 64 No. S E P 2 1998 2 Words ~e-~ge--~:~ are deleted; words underlined :e added. I a~ least 1 ~ inches (38 mm) deep, and shall be constructed cf 2 no% l~ss than 0.0276 inch [0.7 mm) qa!vanized sheet ~l~J 3 level control or float switch to control cverflQw may : in an auxili~,'"f drain Dan in li9~ Qf__.~ ..~ line, when 5 a~proved bv the mechanical official. ,;~ .~otin~ units where 6 the condensate drip pan o~erates in a reg~$n of negative 7 pressure, the overflew drain system shall be designed ~ ~revent ingestion of air and qases fr~m outside the system. 9 ~0 A) In non-attic application where no pan can be instal!ed and I~ there is no secondarw drain ~rovided by the manufacturer, 12 aflcat swi~_c~_~installed in the ~rimarv drain is reGuired. ~3 ~4 B) When an airhandier is installed in ~ara.~e below the ~5 drywall ceilin~ a drain Dan is nc' ~7 C~PTER $: E~UST ~9 503.3.2,1. Recircula~ing air treatmen~ SyStems are 20 acceptable in iavatories, toile~s, bathrooms, and restrooms. 22 C~PTER 6: DUCT SYST~S 23 ........... du~t~ ........ ~upportcd .zvcry ~cur ~ct. All 29 vcrtica~ runs cf ....... c ~u~t ~ , 3l ~: ........ or ~ix:n~ ..... , ..... usc a mzc,.anical cc-nncctcr -- ~ a~cv: rpcci.fcaticn: 36 609 PLUS 37 38 609.3 New subsection 609.3 is hereby added to read as 39 follows: 40 All supply and return plenum cha~ers shall have a minimu~ ~] clearance cf (4") fcur inches on all sides for accessibility ~2 a~ the point of connection to the e~ipment. 43 ~ APPE~IX B: S~ED~E OF PE~IT FEES. 45 Delete in its entirety. Refer to the Collier County Building 46 Construction Administrative Code for applicable permit fees. 47 48 SECTION ~REE: REP~ OF SECTION FO~ OF CO~ O~IN~CE NO. 92-70. 49 Section Four of Collier County Ordinance No. 92-70, as 50 amended, is hereby repealed in its entirety. ~y other tex~ in ~4 AGEND~ITE~ 3 SEP g g 1998 Words ~ are deleted; words underlined a 'e added. ~. ] Ordinance No. 92-70, as amended, related to the former Mechanical 2 Code is also deleted. 3 4 SECTION FOUR: CONFLICT A/TD SEa;Ei~iLITy $ In the event this Ordinance conflicts with any other 6 ordinance cf Collier County cr other applicable law, the more 7 restrictive shall apply. If any phrase or portion of this ordinance g is held invalid or unconstitutional by any court of competent 9 jurisdiction, such portion shall be deemed a separate, distinct, and 10 independent provision and such holding shall not affect the validity 1! of the remaining portion. i3 SECTION FI~: INCLUSION IN THE CODE OF THE X2kWS A~N'D ORDIN.%.NCES 14 The provisions of this Ordinance shall Decome and be made a 15 part of the Code of Laws and Ordinances of Collier County, Florida. 16 The sections of the Ordinance may be renum~ered or relettered to 17 accomplish such, and the word "ordinance" may be changed tc 18 "S~C~-', ,, ...... , article", or any other appropriate word. 19 20 SECTION SIX: EI~CTI~WE DANTE 21 This ordinance shall become effective upon filing with the Secretary 22 of State. ~ PASSED AND DULY ADOPTED by the Board of County 24 Commissioners of Collier County, Florida this day of 25 1998. 26 27 ATTEST: BOARD OF COUNTY COM74ISSIONERS 28 DWIGHT E. BROCK, Clerk COLLIER COUNTY FLORIDA 29 30 BY: BY: 31 Deputy Clerk 32 BARBAP~. B. BERRY, Chairman 33 Approved as to form 34 and legal sufficiency: 35 37 ?h~as C. ?a~e~ 38 Assistant County Attorney 39 Me~an~l Code AGEND~ No 4 SEP 2 2 1998 Words ctruck thrcu?h are deleted; words underlined re added. EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 95-21, THE COLLIER COUNTY GAS CODE ORDINANCE. OBJECTIVE: To have the Board of County Commissioners approve an ordinance amending Ordinance 95-21, the Collier County Gas Code Ordinance. CONSIDERATIONS: The Board of County Commissioners of Collier County is authorized under Chapter 125 of the Florida Statutes to adopt a building code and further is required under Section 553.73(1)(a), Florida Statutes, with responsibility to adopt a building code covering all types of construction. The State of Florida has adopted the 1997 Edition of the Standard Gas Code and the NFPA 54 and 58 as the minimum state gas code. Staff is desirous of having the Board of County Commissioners amend Ordinance 95-21 and adopt the 1997 Edition of the Standard Gas Code and the NFPA 54 and 58. These proposed changes to Ordinance 95-21 were reviewed by the Development Services Advisory Committee and unanimously approved at their meeting of.June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None, RECOMMENDATION: Tha.,.t the Board of County Commissioners approve an amendment to Ordins, nce 95-21, the-C:~olli, er County Gas Code. Johnnie Gel~hardt, Customer Service Supervisor Building Re_view & P/,,~tin~t. Ed Perico, D~ector Building ~,e'view & Permitting Dept.... Vinfcent A Cautero, AICP, Administrator Community Development and Environmental Services AGENDA_~TE M N, /7 f:7") SEP 2 2 1998 i ..... Pg:_ / ~ ORDINARCZ 9 8- 2 COLLIER COU~ GAS CODZ ~RDINA/~CE 3 4 AN ORDINANCE AME~rDING COLLIER COUN~ ORDINANCE NO. 95-21, ~ BEING THE COLLIER COUNTY GAS CODE ORDINANCE, BY ADOPTING 6 THE 1997 EDITION OF THE STANDltRD GA~ CODE AND THE NFPA 54 7 AND 58; PROVIDING FOR CONFLICT AND SEVEKABILITY; 8 PROVIDING FOR INCLUSION INTO THE COUNTY CODE; 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 IF~tEI~, Chapter 125 of the Florida Statutes authorizes the 12 Board of County Commissioners to adopt a building code, and ~4 W~EREAS, Section 553.73 (1) (a), Florida Statutes, requires 1~ local governments with building construction regulation responsibility 16 to adopt a building code covering all types of construction, and ~7 18 W]{EREAS, the State of Florida has adopted the 1997 Edition of ~9 the Standard Gas Code and the NFPA 54 and 58 ss the minimum State Gas 20 Code. 22 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COLTN~Y FLORIDA ~q4AT COLLIER COUNTY ORDINANCE 24 NO. 95-21 IS HEREBY AMENDED ;tS FOLLOWS: 26 SECTION ON'E: 27 The "Standard Gas Code, ~94 1997 Edition" including Appendixes 28 A and D, as published by the Southern Building Code Congress 29 International, Inc., as amended herein, is hereby adopted by reference 30 as the "Collier County Gas Code" to protect the health, welfare, 31 safety, common interest and convenience of the citizens, visitors, and 32 residents of Collier County Florida. 33 The following text is hereby deleted from Section One of 34 Collier County Ordinance No. 92-70, as amended: "The Standard Gas 3~ Code 1991 Edition including Appendix A, and including those 36 subsections of ASCE-7 specifically referenced herein..." A~ny other 37 text in Ordinance No. 92-70, as amended, relating to the former Gas 3~ Code is also deleted. 39 40 SECTION TWO: 41 The "Standard Gas Code, I~ 1997 Edition" including 42 Appendixes A and D is hereby amended by local amendment as follows: 43 4~ CI~TER I ;%DMINISTRATION 46 Chapter 1 of the 1997 ~dition of the Gas Code is deleted in i~s 47 entirety. Refer to the Collier County Building Construction 4~ Administrative Code. 1 1998 Words stru:k ....... ~ are deleted; words underline¢ ar d , ~ iu£u~'ences CO C~apcer I o: cne Gas Code s~all De 2 interpreted to mean the Collier County Building Construction 3 Administrative Code Ordinance· 4 $ APPENDIX B: RECOMMENDED PERMIT FEE SCHEDULE 6 7 Delete Appendix B in its entirety. Refer to Collier County Fee g Schedule Resolution,,c. ....... ~ ~ 96-594, which may be amended 9 from time to time. 10 1! APPENDIX C~ SU(~ESTED ADOPTIN~ ORDINANCE FOR INSTALLATION' OF ~2 CONSUMERS ~AS PIPIN~ AND ~AS APPLIANCES. 1~ Delete Appendix C in its entirely. ~6 SECTION THREE: CONFLICT A/TD SEVERA~ILIT"f 17 In the event this Ordinance conflicts with any other ordinance ]~ of Collier County or other applicable law, the more restrictive shall 19 apply· If any phrase or portion of this ordinance is held invalid or ~0 unconstitutional by any court of competent jurisdiction, such portion 21 shall be deemed a separate, distinct, and independent provision and 22 such holding shall not affect the validity of the remaining portion· 23 24 SECTION FOUR: INCLUSION IN THE CODE OF THE LAWS AND ORDINANCES 25 The provisions of this Ordinance shall become and be made a 26 part of the Code of Laws and Ordinances of Collier County, Florida. 27 The sections of the Ordinance may be renumbered or relettered to 28 accomplish such, and the word "ordinance" may be changed to "section", 29 "article", or any other appropriate word. 30 3! SECTION FIVE: EFFECTIVE DATE 32 This ordinance shall become effective upon filing with the Secretary 33 of State. 34 PASSED AND DULY ADOPTED by the Board of County Commissioners 35 of Collier County, Florida this day of 1998. 36 37 ATTEST: BOARD OF COUNTY COMMISSIONERS 3~ DWIGHT E. BROCK, Clerk COLLIER COUNTY FLORIDA 39 ~0 41 BY: BY: 42 BARBARA B. BERRY, Chairman 43 ~ Approved as to form 49 m No. /'7 $0 Assistant County Attorney SEP 2 2 1998 Words ~ are deleted; words underline, are added· EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95-21, THE COLLIER COUNTY STRUCTURAL/BUILDING AND HURRICANE ORDINANCE, AS AMENDED BY ORDINANCE NO. 96.26. OBJECTIVE'. To have the Board of County Commissioners approve an Ordinance amending Ordinance No. 95-21, as amended by Ordinance No. 96-26, the Collier County Structural/Building and Hurricane Ordinance. CONS~DERATIONS: Florida StaMes, Chapter 555.73(4)(a) authorizes the Collier County Board of County Commissioners to make local amendments to its minimum building codes which have heretofore been adopted pursuant to Chapter 125 of the Florida Statutes. With the adoption of the 1997 Standard Building Code by the State of Florida, staff is recommending that the Board of County Commissioners approve an amendment to Ordinance 95-21 as amended by Ordinance 96-26. This proposed amendment would include the following ch3nges: 1) Adoption of the 1997 Edition of Florida's Americans with Disabilities Act; 2) Addition of Subsections 704.2.1.7, 8 and 9 related to required separation for automatic fire suppression system altematives; $) Renumbedng of vadous subsections of Chapter 15; 4) Amendment of Chapter 9 related to standpipes; 5) Addition of new subsections 1007-3.1.3 and 4 related Io handrails and guardrails; 6) Amendment of Section 1606.7 requiring continuous construction for reinforced tie beams; 7) Amendment of Subsection 1606.12.1(1)(a) and (b) related to shingle roof pitch; 8) Amendment of Subsection 1606.12.2(6) to require that roof tile be installed in accordance with specifications of the National Tile Roofing Manufacturers' or SBCCI; 9) Addition of a new Subsection 1606.16.1 to require that all new accessory structures withstand a windload of 110 miles per hour; 10) Amendment of Subsection 1804.5.5(1) and (3) to apply those standards to all new accessory structures; amendment of Subparagraph (6) therein to remove the current local requirement that all new structures must have a footer; 11) Addition of a new Subsection 2308.7.6 to require that all top plates must be double as per IS9 and IS10. This proposed amendment to Ordinance 95-21, as amended by Ordinance 96-26, was presented to the Development Services Advisory Committee and was unanimously approved by them at their meeting of June 10, 1998. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. SEP 2 2 1998 RECOMMENDATION: That the Board of County Commissioners approve an Ordinance amendin9 Ordinance 95-21, as amended by Ordinance 96-26, the Collier County Structural/Building and Hurricane Code Ordinance, PREPARED BY: DATE: Johnme GebhardL Customer Serwce Supervisor Buildin§ R~eyJew & P,,ef~ittin§ De"'~drne~t //,/ ,-- ,; REVIEWED BY: -".~.._/ * ./. ..... . DATE: ". . ' , Ed Perico. Director Building Re?.~e~,' and Permitting De/~tment DATE: ~ -'''~ -~'~' VinCent A Cautero AJCP. Administratc~ Commum[y Oeve!o=mem a~d EnvJronmer,:a' Services g',,'~s~oc, AGENDA ITEM ~o SEP 2 2 1998 ORDINANCE 98- COLLIER COUNTY STRUCTU-KAL/BUILDING AND HURRICANE CODE ORDINANCE AN ORDINA2~CE A~,~.~DING COLLIER COUNTY ORDINANCE NO. 95- 21, BEING THE COLLIER COU~TY STRUCTt/RAL/ BUILDING A~UD HURRICANE ORDINANCE, AS A/,fEb'DED BY ORDINANCE NO. 96- 26, AS FOLLOWS: ADOPTING THE 1997 EDITION OF FLORIDA'S A/~ERICANS WITH DISABILITIES ACT; ADDING NEW SUBSECTIONS 704.2.1.7, 8 A/TD 9 - RELATED TO REQUIRED SEPARATIONS FOR AUTOM[AT I C FIRE SUPPRESSION SYSTEM ALTER~AT IVES: RENI/M~ER ING VARIOUS SUBSECTIONS OF CHAPTER 15; AMENDING CHAPTER 9 RELATED TO STANDPIPES: ADDING ~ SUBSECTIONS 1007. 3. i. 3 & 4 RELATED TO HANDRAILS A/~'D GUARDRAI LS; A,~DING SECTION 1606.7 REQUIRING CONTINUOUS CONSTRUCTION FOR REINFORCED TIE BF, AMS; AM]STUD ING SUBSECTION 1606.12.1(1) (a) AND (b) RELATED TO SHINGLE ROOF PITCH: A.u~.~UDING SUBSECTION 1606.12.2(6) TO REQUIRE THAT ROOF TILE BE INSTALLED IN ACCORDANCE WITH SPECIFICATIONS OF THE NATIONAL TILE ROOFING MA3CJ FACTURE S ' OR SBCCI; ADDING A NEW SUBSECTION 1606.16.1 TO REQUIRE THAT ALL NEW ACCESSORY STRUCTI/R.ES WITHSTAIqD A WINDLOAD OF 110 MILES PER HOUR: AF~.~ I N G SUBSECTION 1804.5.5 (1) AND (3) TO APPLY THOSE STANDARDS TO ALL N'EW ACCESSORY STRUCTURES; SUBPARAGRAPH (6) THERJ~iN TO RF--MOVE THE C~NT LOCAL REQU I RF~NT THAT ALL NEW STRUCTURES M'JST HAVE A FOOTER: ADDING A NEW SUBSECTICN 2308.7.6 TO REQUIP~E THAT ALL TOP PLATES M/JST BE DOUBLE AS PER IS9 AND IS10; PROVIDING FOR CONFLICT A~D SEVERABI LITY PROVIDING FOR INCLUSION INTO THE COUNTY CODE OF LAWS A/~'D ORDINA3:CES: A~TD PROVIDING FOR AN EFFECTIVE DATE. ~,-HERF. AS, .:~r_:.:%~.'_ :~ ~.;.a.:ter i£r_, :f :h<- :-/Lrlca for ne',.' a.-e:.u.-.er.%s ~2 :z.:s Lruir. a:.ce; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ,.~ :er Cc':r.:y Cr~''~'-~ ~'~c. 9:'-21 ~ ~-~-~-'~- ' .... SEP 2 2 1998 Words s:r'-'_-k ~_nr:u.-h are .~e:e'.e~: '.'cr~s ':r.'.erl:,~, d, are ! 2 Section One cf Ord:nan-~ "- 95-2' a: a-~-~ :... % .... ~'-~- 3 96-26, is hereb':' amen=e~ as 6 Appenfices A, C, D, an~ S, are heret'y atop%er zy reference as 7 "Collier Count}' c ........ fa' IBullJlnc Hurrlrane ~z~ .... S %~e health, safety, we'fare, cczmg7, interest, an~ ccnvenlence 9 the c~%~zens, visitors and residents c' ~, .......... :, Il duFlexes, residential triplexes, and other rultl-far, ily 12 residences. ~5 Collier County OrdinaT. ce Nt. 9~-21, as ar. er. zeE: "7he ~6 Bu~idlng Code !991 E~%isn ~nclu~nr~.'77=-~'-~ A, C a:.~ 17 Aisc delete_ therefror, the ',ext ir. iTM., ........ ~ '-'c''"~.=,, '' a~_ ,~' 1~ "...as published Uy the Stu%herr, ~u:'d~nc OoZe Congress 19 interna~ional, inc., a~ aren~e~ hereln, is here/,':' adop%e~ ty 20 referenced as the Collier County Co/.s%lui%ict Co~9 tc ~rc%est the 2I health safer=, ~'e'~-r~- ......... ~=' and r*n'.'~-'r.--r- cf 22 citizens, v~sltors ann residents cf Cci'let 2aunty, Florida." 2~ This Ordl~ar, c~. -~-'~-= ........ a' ccnstI'~CtlCF. 2~ "~ich shall ~ used t- c--ri',' wi-~ --',~'a estabilsr, e~ ~- 26 Co'iler ~ ....... "'h~- -~'~--al~ ar ~-C-~d:'~c fa'.' ~r. 27 ts Cciller County '~'.'~'-c-~-- S~,:','ic~ ~- ar~rc'.'a' ~ 29 30 SECTION ~O: ~NTS TO ST~ BUI~ING CODE 3I 3~ section. 36 C~TER I ~MINIST~TION 38 Chad%er ' 15 ..... ~ ~- ~-c ~ 40 far a:r.:r.~strat~zn cf %r. ls EcCe. Ail references :c 45 C~TERS I~EX 46 Pase 47 CHAPTEP ' ADMiNiST~A71C:: 48 CEAPTEP 2 E'EFiNi-' 3'NS 49 CHAFTEP 4 c~"'Al ..... ~ .... " ................ F, EQUi REME~:7~ 50 CHAPTEr 5 GENEP.%L ~L'iLZiN3 Li>:iTATi~N 52 CHAFTER 9 -': .............. : ...... '' FA3E 2 SEP 2 2 1998 3 CHAPTEE 18 FOUNDATIONS 4 CHAPTER 2~ A~ ~ CHASTE9 22 WOOD 6 CHAPTE? 22 SiTE WO~v, ~-,z~,. '-~OU .... ~ APPENDIX F FibE ~iST~i~T 9 O~IN~CE I~EX 10 Il '(S~.~ Ai,J~ir. um Structures/Sateen Enclosures 13 5C4 B'u:l~lr, gs 2,cqatea ar. the 14 Fl02 Building Restrictions 21 15 '5C9.i7. ] Ch~ckee 19 %~ ~ ..... tlCZS 7 20 1212 tzars 25 1676.5 Four, da:: ens 26 1606 9 i Gable --~ 3o iE3f.12.2 Metal 31 1804.2.2 Natural Solij Grzur. Z cz Fi'es 33 ''-~.7 Reir, fzrce~ Tze Bear. s 34 23~ E~f an~ C-*i4a- Frar. ln? 36 '6Cf.12 F. ccf aGEND~ ITE~ ! c~.. 2.4 Roofs General 3 3311 Safety Kequ:rements During Construction 2C 4 1606 12 ' Shingle 5 1005 Special £xlt Requirements 'C, 6 1007 Stairway Construction i' 7 904 Standpipes lC 8 2033.3 Swi~ing Fool £r. closuren lC g 708 Theft, a! insulaticr, Material.s i0 l0 1606.7.2 Tie Beam and Cc .... ..... ns Il i606.!2.2 Tile Roofs 17 12 1007.3 Treads and Risers I[ 13 1509.17 Treated Pair, Fronds 9 14 !606.9 Truss Design and Attachment ~5 1606.iC~ Windows and Dc~rs 15 16 1606.1i Wood Construction 15 I, 2z,~: Wood - Vertical Frar. ln~ 20 l~ '529 : "~ ' Shlnc 19 DRAWING AND T;tBLES INDEX 20 C~anda,~ ~ ~-~ ~- ~a~__ EnJ R~zf Sheathinz Attazhment iS-i 21 Standard 2rc~ ,Gah'~ £nZ ~ ~ ............ Attachrent iS-iA 22 Standard Gable En~ Wall Dotal' IS-2 23 2rc~ Gable End ;';ail Deta:' iS-~ 2~ Ty~ica' Attac~,- To W:~ Frame End ~;all iS-4 25 Typical Attachment tc Concrete E~ ,- .~ IS-5 26 Typical Ladder ~ ' IS-6 27 Typical Drop Gable Deta:i iS-7 28 Gable End Bracinr IS-8 29 Gable End Bracing IS-SA 30 Typical Sidewall Section IS-9 31 Frame Wall Corner Detai' IS-10 32 Frame Garage Door and Corner Deta:i IS-11 33 Typical Rafter Fram:nc ' IS-12 34 8" X 10" Concrete Beam Span iS-13 35 ~" X 12" Concrete Beam Span Words struck through are deleted; words underl~n{d a~ ~ ~ ~998 added. ' °-~ I 8" X 16" Concrete Beam Span i£_11 2 Typical Tie Spacing iS-if 3 8" X 18" and 8" X 20" Concrete Bear. £~- -c--£A 4 Conventional Roof :'-rar-ln= U='~..~-_ lcaJ ~- Katt~r -c_,- 6 Shearwal! Detail 7 Aluminur. Window · ~ · ns~a~laticn iS-2C S Exterior Door Installaticn iS-21 9 Truss Design for Open Lanais/Pcrche~ IS-22 10 Load Bearing Header Detail IS-23 I1 12 EXHIBITS 13 1~ EXHiR!T A Mcnoilthic Four, darkens 16 EXHibiT 5 ~;atural Solid Grcunc cr Files 17 20 22 T'~'z S%cry Feslcer. re 23 24 E:':HiRi7 E St~-w;i! Fcztlnc 'O-~- 26 E>:HiE. r c-~-.~:!' r ....... -w- ............... ~ .... try 2~ 25 E;,:HiBi/ U 5:r;2c ar.z :::tzhzr.~ - E:.:zer::r ar.h Bear;n= 30 32 33 C~TER 2 DEFINITIONS 34 202 DEFINITIONS 3~ ,ne ,c;~ow,r,~ de;;n;tions ;r. Sect;ch 2C2 ska read as fo!lows: 36 38 C: ,,;... *~ .... z= .... -,, 39 ~0 STRL*CYL'FE - Ar. ythzn~ z~nszruzze=, erec:e:, ~ ..... '~'hl~ ..... ~ ....... .- ~.c ~ iX~2 -Ci~CZCi. 43 'ocatlcn c~. cr ;~. the ground. 45 Section ~32 ls amenze~ b':' azd;r;~ the fc'lo'wln~ 46 47 "A" ZONE - A ~'cc~ zone as estabils~d 48 Em=rc~ .... Manacemen% Auencv ~': 49 50 ~'"'~"~n~,~r: - A rs Qf-ilke structu-~.~ .s~c'~-';r,c- . ..... ~rcr, a wall or 51 s~Dcrt~d cF. Cclu-',~ cr Fl' 'ars = '* aGE';Da mTE~ PAGE 5 .......... e, ..... wet u~derL: ,e~ . 3 4 CHiCKEE - A Seminole and Micccs~kee wtr~ f:: house 'hcr, e ~" ar, 5 use~ today tc 7 (See suksectlcn~ 11 e'craz~ or, iv These ur.~ts shsii ntt ~e : :uF:e: for bus~n.-:ss 13 eiectricai service 2s allcwe:, 15 ~lumb~r.: for in~i'.'~zuai u-,~': ': ~:::.~:Ltf.:, tut r. ay te ~6 required fcr the cvera'' ............. 18 .... :.:2::1L7. 17. '~'7, i-~ t'c. ~l:." 20 res:star, re cf tr, e r,a-:: strac:ara' 7, er.:e:~ :s atta:F,e: z)' the 21 nature -: th~ Fr:dgzt '-3'-~ ' : -- .... · 22 'T)'~e ill' ar ..... :.'-' [:,:re:t:-- '' ''~' rer.~ers by ccat:r,:, 2~ ' 25 tc~e cm~ c~-- 26 28 29 S PEiZAL7':' EI;3 l'.:EEF - :.. 34 The -:-- lul.' Er.~: r <--': 35 :r.:ee :a:e;a::es: - 36 -' - - - ............ . _. _ .............. %a~.%. 41 42 ~.r..r,~ - >'.fane three :: 44 "','" ZONE - A ''- ..... '-- · ...... =---:::. zzr, e as es:az :she: by Fecera' 45 Er. ezgenc.y F:ana~er.e:,: Aze;.:.... Coastal H:::. Hazard Area. 46 ' 47 C~TER 4 SPECZ~ OCCUP~CY 48 409.2.13.5 Fir~ Extin~ish~rs ~9 50 ~=en~ suhsec:::r, 419.2.13.f :c rea~ as fo'lows: 5l Fire ex::n~ulshers sE. al' ~e ~rc','lded ir. a:ccrdance with tr.e 52 Natlona' ~::e ~:::est::n Asssciat=c:. ';~:FFA , Standard if 53 relat:n~ :: p:rta:le f:rE ex:=n~u:sr, ers. 5~ 55 409.2.13.6 ACCESSIBILITY FOR THE PHYSI~LY ~I~PED 56 ~GEND~ PAS£ E ::.::'::h SEP 2 2 1998 added. '- ~ ...... ~ ?~ are 3 L~'ob" adc:te: ar.g :nzorpsrat_: t,ere::. Uy "=ference. 5 CHAPTER 5 GENERAL BUILDING LIMITATION 6 504 BUILDINGS LOCATED ON THE SAPIE LOT 7 8 ~mend section 504 by ~lnc %he ~iicwln~ 9 EXCEPTION: One ~'c-,' bu~'~ .... u~ e×~ius~vely f~ ~0 mlnl-stcras~ located cn %he sar. o 'ct may use %ne ~! requirements of Ta~ie 60C. ?r:e hcri:cn~a' separation X2 will relate Go the distance 5etweer, h,u:i~ln~s rather ir, ar. ]3 property lines cr assumes ~rtTerty lines. 15 CHAPTER 7 FIRE RESISTANT MATERIALS AND CONSTRUCTION X6 17 704.2 INTERIOR WALL ~ PARTITION FIRE SEPARATION 18 REQUi REI~ENTS. ]9 20 Add subsect~or, 704.2.1.~ tc teac as fc'icws: 21 704.2. i. 6 AUTOMATIC FIRE SUPPRESSION SYSTEM ALTERNATIVES: 22 When an a~urs'.'e5 autDr, a%:c fl-~ ~u~:3:. s.,~-~r' i~ 25 super'.'ise~ il arccrcanre 'with Sec%icc. 922.~, a fire 29 enclosure walls aGi Cweiil-r ..... s~'ara%~cr, wail= whi-~ are 31 less than i/2 hour, 'w~t~. 2~ r:nute ~srs, szns%ruc~ed tic~t 32 tz tke undersize cf tr.~. ?~ilr. c u'-~rti)' 3; 704.2.1.7 ~£ 32rsuanr~e.? ir. ere shall ~e ' h%~r f~re 1' 704 2 1 8 -~~:--~- :a:'a;c..r. r, [23:T~zle! sc. all have a 40 704.2.1.9 ,Ail renan- £euarat~sn sba'' ~s 'c underside cf 41 ~n a'' ~£ ~3 CHAPTER 15 [renumbering only] 4~ ~ 1505 ROOF COVERINGS 4~ ~ 1505.8 Wood Shingles and Shakes ~6 47 AJ. er, z subset%inn ut_?. ~.~.~ -s.2.:.=.2 t',' a~l~ the d9 EXCEPTION: ;' ' ~ "''-~a;'' ...... '~v and aSo','e} us!au ~0 w3cd sh/n~'== or ~r. anes snai' use C·~=~ ..... ~o 51 flre resistant wc~j snin~ies cr sha.<es unless restricted ~3 54 EXCEPTION: Grcu~ hcusln~ ~rcjects ccnslstln~ cf ~5 sln~ie-far, ii,,. u-'-~ cr Cu~'~ unit~ w~tk units cr 56 kuildlnc~ '~=~ than '5 fee% apart ru~' u~. Class "C" cr Words struck thro~zh are deleted; words unceriln d are a~ed. 4 ~. Section i~09.i' 'f05.17 ~ aren~e~ tv 6 7 1509.17 1505.17 T~TED P~ ~O~S 8 ~Q9,17.1 1505.17.1 Ail palr~ frcr.~s an~"~r reed~, e'~. used 9 for chickees ant ~',ickee '','~ = ........ ~ ~-~'' ~- -:ea-~s 10 with an approved fire retardan% %rea%rer.~ rhterla' . 7h~. fire II re%ardar,% treatment shall cause the trea%e~ fret, cs, etc., 12 self-extlngulsh whet, the %es% %crrn ~s rerc'.'ez. I3 14 EXCEPTION: Falr frcn~s and,':: ree~s fzr rccfs need act be ....... ' ........ ~,~ 5:, 25% 2c/.e] far slnT!e 16 ~a-~ ~" '~- ~ ..... di~%a-c~ %0 ~rcr~-'v ' ' -~ ali ~7 buii~ng~ are r.~n:a~r.e~ at ter. ii fee: c: m:re. 19 ~O9.!7.2 1505.17.2 ~rcr,~ ar.Z cr reef rrcfs sha~ ntt te 23 2- ~9.17 1505.17 ~CHiTECT~ TRIM, B~CONIES, BAY WI}~OWS 2~ 29 .%Jz su'zser%:sr. -~?.4 -' reaz as ]f, ~.7.2 1505.17.3 Ch~ckee 3i ~ 1505 17.3.1 ~err.~%~ a .... ~-..=z _~. al 32 chzckees. 34 ~09;I~ 1505.17.4 Site ar.d 5ULiCLnZ F'an~ are -~ .... reJ 35 re-.'~ew anti arnrc'.'al ~f 37 ~9.17.5 1505.17.5 ALL chi:..:~=~ =~='' -~. free 42 EXCEPTION: ,:. rr.:r.:e,~ azlarer.' -- a--' =--~= ...... ae ~f · -- -. .rcr. ~ - kuildln7 t)' ncc !ess Char, acne ~' '-' ,~ .... ........ ~ .... ~-'~2~ .... Cr Of, r- i , t.C~r rate~ cci. s- yECtlO7. 4~ '~'l'~-., .E'c'~-'~"- ..... ~ c~°L''sc.-, thlc ..... iY.-'~d~= window a~d 5I t. The rccf sba'' not extena atc','e ~r.e ad~acer,: extericr 52 wall. 53 ~ (See subsezti~-.., i:~n_-....'~. -~:': .... '~ ~. ~his Ordinance 5~ for aCditzcnai-~u~rements ,, 56 57 708 THE~ INS~TION ~TERI~S PASE E SEP 2 2 ~;cr~s s:ruzk thrtu:h are delete~: wcr~s ur. derl:n ,fi are i 708.2 Concealed Insulation 3 Add subsectlcn 7i9.2.3 ts read as 4 708.2.3 Blown insulaticn ~is nc; ~err. i:-.ed ::. vaulted 5 ceilings which exceec a 3/12 6 7 C~TER 20 ~P~TEN~CE ~QUI~NTS 9 Add section 2002.3 %c read as follows: :0 2003.3 ~I~ING P~L ENCLOSES II Swimming pools sba:~._ cot. civ. . wi-~, ....... -~= -~ul~m-n%~. ...... cf the ...... ar~_,~de~ 12 Collier Co u r.%'.' ..~ ..... Crdlr. anTe 13 or superseded. 15 2003.3.1 ELECTRI~ S~TY 16 Electrical bcndin~ c.f ~ocl part- and enclosu ~= sha!~ be in ~7 accorCanae with 685-22 and elestrlual grcur, dlng shall be in I~ accordance with 680-24 cf the National Electric Code as ]9 accpted by, %he Cc'iler ...... ~c .... ~ 20 95- i? as anended or superseded. A% least one 120 volt 21 convenience -~-~D-aci~ ~rc~ected 22 clrcult-ln%erru~ter, ska'' be ~rc'.'~de/ fcr each perr~anently 23 insta'le~ pscl, between '~ anC 20 feet fret the ~ns~de face 2~ cf the pcs'. 26 C~TER 9 FI~ PROTECTION CYST.S ~7 904 ST~PIPES 25 904.1 As cer S~2Ti 199- ~tanzard 5u~idlr.~ Tc~e. 30 3l 7~cr.d zu~sCU~icr: 9? ~. 3.' b~' odd!nc 32 rca~ as fellc',.'s: 3~ ..~''. ........ 2 -' ~ ''' ~--,d~'?2. _ 2y~ttr 40 to t;~'.'2 2 hc-c-i ','aiv2 cF. ~ fie-ct, wf. icn 50 Codc, Ordin-~nc'p Uc. C-2-r2 a3 ar-tF:~c~ cr 51 52 C~TER 10 ~S OF EG~SS 53 1005 SPECI~ EXIT ~QUI~NTS 5~ 1005.4 Eme-c~- -'.' Ec-~ss 55 ' =~' iOWS 56 AJend suuses~lcr. 122~.4. to read as .~ : } 221998 we;ds st:u~k th:c'J~h a:e dekete~; wo;ds un~es~n ~ a a~ed. I 1005.4.1 in an'.' :wet'in; cr '-,.~ ........ ", rosms, ~'.'~-v_ --, ~-- ..... ..... and !ivln~ area shat' ha','~_ either a 3 second means cf escape, such as emergenT..., o ecress, cu~nings, - or 4 a]ternatlve protectior,. The second r. eans cf escape cr $ a!%ernatlve protection shall Se one cf %he fsiiowlnc: 6 7 i. A door, stalrwa'.',, pascal=,, cr hal' pr&'.'ld~n~ a wa)' 8 independent cf and remote fror, the primary means cf 9 escape, cf"-~'-,,c~e~- ~ travel tc the 10 dwei!in~ at street cr qrc'nnj ieve'; cr I~ escape, tc ar,'.', ar~rc'.'~d... _ r. eanE cf escape; 19 24 ir. shes ';' 20 r. :n area. ?ne bc::cr, aftne cpenlng sha'i not be 2~ r, cre than 44 inches (112 cc. cfr the ricer. Such means 22 cf escape sc, al~ ~e acceF%atle 23 24 a~ 7he wlr. uuw is wlthln 2t feet [~.' ~i, cf grade; or 25 b) /he w~nd~%. :s directl), acsessL~ie Jo fire department 26 resc.ue arraratus as ausrc',-~u ~). th~ a,.-~~-.. havlnc 29 30 4. The ke~r:sr :r i:'.'ln~ area shat' te seFarate~ 34 fl' ................. 5= '~==' ' ' -'-u'~%, ar.z _'¢ ..... ~'=~' :',=~.. -~ anJ ir. sta__eu' ' 35 t,? rly~r~ze sr.z.:e ~eakare. A rea:~ cf ~rc'.'i~in~ sr. cke 3~ 39 EXCEPTION NO. 1: A second r. eans rf ~s~a?~- ~ . _ or a'%ernate 43 dirr-,"ti'... . .... ...... ~' c:utsi~..,-_f '..,e' .... ' ' ' ~4 ~ra~e 'eve]; 45 ~ The C'~'eiii:.~ ur. it is Uz~zeztea tnrcughcu% b)' an 46 a~proved automatic su~er'.'ise~ s?r:nkier s)'ster, iF. 47 accordance w:th NFPA Standar~ 13, "' ' cf ._ S~andarc ~8 installation cf Smrln>ier. .. -:-c"~ter" er for buildlns 49 four storles cr less ir. hei~t.t U~?A 13R cr in One 50 and Tws Far. i'y ~" '''-- Mobile ~.e ...... and Homes NFPA 132 52 EXCEPTION NO. 2: Existln~ ap~ro'.'ed means cf escape ma'.' 53 be continues in use. ' 55 1007 STAIRWAY CONSTRUCTION 56 1007.3 Trea~s and Risers 57 ~ASE 13 SEP 2 2 1998 No;ds struck th:cu=~ are de~ete~; ~ords cnde;i~ ~d a;e a~ded. I Add subsect::n 12CT.2.1.1 and 1~-.2.1,2 t: rea: as fo'laws: 2 1007 3 I I Stairs s,.=., be zn acc:rdan:e w:th the 3 subsection in its entirety, cr shall reef %he requirer, er. ts 4 cf NFFA Standar~ it.i, lif~ Ca:~ .... -~- ~ ..... :-~ ~ - 5 Zy~es cf Stairs. 6 7 1007.3.1.2 Only one cf the a~o'.'e stair des:~n standards 9 10 1007.3.1.3 Handrail height shall be ir. arccrdance w:th 1! 1997 Standar~ 5uiioin: Ccae aha where a 4 :nth diameter 12 s~here cannot pass thr3u:h any I3 14 1007.3.1.4 Guardra~'s shall be 42 ~nc'nes ~:. helcht. 15 EXCE?T/OS: SuarCral' withln a Cwe'':n: r, av be 3( inches ~6 ....,.~-~ a~d where a 4 17.~. sphere car.~ot -'¢¢.=_ - through 17 cpenln~. I$ 19 1012 DOORS 20 1012.5 Special Dscrwav 2I 23 1012 5 I Hizc~ =r. cw~r '- ...... · · C ......... c.,,"-- 2~ 2~ 1013 RAMPS %=~ ...... ~ .~:=~ 26 27 CHAPTER 16 STRUCTURAL LOADS 29 1606.5 - FOU1TDATIONS 3] clefs ~='' -~"ire ~-~'~e~r cr arcr. l-~T% C~= .... and 32 certiflzac~cr.. 33 34 1606.6 - I~ASONRY CONSTRUCTION 35 1606.6.1 - Exterior Walls and Beams 36 37 1606.6.2 - Et-tier:ur ~'ails cc-s~ru2ten afr. assnry unlts shall 38 he not less that. a r.:rlnal thickness cf 8 inches, in hollow 39 r~a¢c-". .... ~' ~'¢ ....... ........ ='iS ~'' b~ reinforces ~0 with at least cr.e Nc. 5 tar a~ a'' csrners, poure~ sci~d 41 w~th cgncrece. Surh re:nfsrc:nz shall te Froperi). anchcreJ 42 lnc: the fcltlr, c and %:e ~ear.. 43 44 i Ail~" tiC->_., r. as~nrvo walls w~- h z~_n~ng.~ = greater than 45 si>: feet shall ?'.ave a =f ','ertica' tar at each side cf 46 cDeninc. 47 2 Openincs. 5'-C .... ~- r-~'er~ ..... shall renu:re 2 ~=~ veruical 48 bars at each.~'c=. _ cf sr~nlnc, - 2 c~''s__ ~arh. side. 49 ~ A2' vert~ca' Cswels sna'' te em.t, ezhed ~ntc the concrete 50 foundatlcn tca m~nlm'um ~epth sf 5! (4) Dowel shall have a 6"-92 degree bens. 52 (51 Al' block cells where vertica's are Fiaced shall be 53 filled wi~?. a mln~mur, cf 3,03~ lb. per square inch 54 concrete mi>:. 55 (6) Dowels shall be provided in the foundation where 56 vertical reinfurcement is requlred. SEP 2 2 1998 Words struck throuzh are deleted; wards un=ecl: e~ are ad~ed. 2 ia~ sF'ize :~ 4~ '--ar dlare=ers. ~ ~' ' ' ' ~ ..... ~ ........ .'~''~ ~ 2~. r~'. L' ' ~ 12 .. '--' 13 1606.7 - ~INFORCED TIE B~S '' ' ' ~ relr. force~ 18 terr.:r, aticr, ar.J re2~ ~:.a'' [e rear. forte= w:th] ~5 ~ar, ...... ~ ,rcr the f;c%:r.z stee. '- ''~' ''~- be~r steeL. 23 24 1606 7 1 - Ar. ~ ...... ' ' ' ~r ..... =. tar.~ near wilt. ~rerast 'intels 2~ ~e D~--ttes ir, ' '=- '~ a ~rr.j tlc rea.-. Ct.i)' ar. 29 ~Js% arcsr;~F.7 ~,e ~err/% a~/za~iz~. ~r a~ear or. ~2 Note: '';~-~ -'- ' . - - . ~ ...... ~e ~ -ace2 36 e:.:=erzcr wail= -' -:.=::: ....... 3~ 1606.7.2 TIE B~M ~ COLBY'S 39 ................... ~ the '.'er~:u~l ~=-~ are ~, ~3' 44 ~ ..... ~ ......... Cr ~a'.'e ~r&C~C% ce--~ z " - ..... =-iSL. 46 3T Nlnimur size t'::k :clumns shall be 8"x12" with four 47 relr. forcer, er, t tars ::e~ wlth ~2 tins ~" or. center 49 ~4' Mlnlru: cas: cc:.:re-~ --' .... ~ shall t~ e"X~" W/4 50 bars ar.a ~' ::es ~ ~". SI (~', AiL cclu:,:,~ sf, a' ' he 5~1==~ ~ .... - . .- 52 . -- - ....... ~--:: as well as vertlza, an: :'.::::=nta: refiT=iOn 53 (E'. Ail tie bears ~h;' ' ~=:..1-~ a mlr. lm':: :~ two 54 corner bars w::h a m:n:r, um la~ of 24" fo: bars cf 5/~" SS dlar. ete: 0: less. Ba~ c-~:.-~- thal. 5/'~" sba be 56 lapped a minimur, of 40 bar diameters or reculre 57 splice as Ces:gne~ b)' an er,~/r, eer c: archi est. PAGE ! 2 SEP ~ ~ ]998 .... - ...... -- a~~- i 2 1606.7,3 ir. s-_-l~ fa-¢ .... : .~ shall t~-_ ar.--.-.c~---- --~ ........... -~- zc~-'-i, i.-. 6:. attr:','e:.. .-ai.r. ei. ~ 1606.8 - ROOF CONSTRUCTION - RAFTERS 6 ;';here C C r.'.'e.', '. i C r. a ~ .... ~ ..... _- ........................ 7 bear, s ,-,,'sst te slze'-' tl acTT.-rL~a'.e a'' eSFLUT.'--~ rs/f $ reaut:c,*. 'cats t'- res;st '*'Ar.S-~ *-~ ii] 9 li ~crest Prc~';cts Assculat:cn S.sa,-.-azles. 12 ~'a ,~a~' ~- c' Z',",.C, ,-'dot ta.'~- iT, t'. aCi:~:,'- 'will I.~ g r a :,'** :: 15 r~$r."~' l','~' '.,'. 1' £a' :es:z:. Fa:ar. ere: -~:.: atta:h.-e:.: '~--'" ar.:: 19 ',a ;';:r,: '.'els_-:-.)' - 11: 20 I~ , rvDLsur~' '?at~7' r':' - 22 c/ Yzrze Sc. eff:z:er.:-~ - Er. ri:res ..........-: '~ ~'' .... art,' Area - 22 2.< ': .............. .~.._ ? r. ::: '.' - r.7 2- ' T',:: :: :r.t 25 ~ .; ,, ....... ¢- -.-. ..- ~~.: ~-:.~*; c~:* ' ~. -- '~.c< ::, De:t:, thaT, :; th~Y. -" - ..... .' · ..... ,--,-.cc '~¢ c.v-.~ .... ',,,~' ' c : ...... c. ,,, .... a'- ..... *-- ....... 3,~ 1606.9 - TRUSS DESIG~ Ah'D ATTACH~'£--,NTS 39 '' ?;.-,%re -.fusses ale e:<tenaeZ c'.'el ex:e/ii/ walls and 40 .... :.--'~_...',' .......... -~'.i:,T CA. aA, exterior hear, tr.~- ~vt~IiG~ 'wail ~1 .-.':st be des~:ne: as a keari,-.: '.'ail. Fc'zn:atLcr, footers -'2 'Wl' ' "'~- ~,=~'.llr~-x, -~.,cc,-.c c-~' ' ~,-- ~=' ~-,~ with t;re~ :.' ' -~.:.-¢ c-.~' ~ £c. -j=c-C,-i,: -'-3 pA-n: :ear::..: ..................... . - 46 Exception: WA, e:. ::.e spa.-, betweer, t,te exterior bear, and 4~ wa' ' l~ '~cc ir, a-. - ~eet -~,~ .... =cc.¢ .-..av 48 cant:levered off '.he e:,:tezzcr '.'al'. 49 50 ?;her. the exterz-r '.'all car, ns- :e ':se: far tearing due 51 '._* .:xe:~ ' c_ass' sr cFer. ings, 'h=. ......... .... ¢~,~¢ sba'' ~e built 52 ir, twz ses-.LS,-,s, cart:ed k:,' a g:rcer/Sza: 5~ :.he ex:er:z: '*.~'' . The wall sr glass belsw shall be 55 a'-~-~ '- 'h~ s:rJer ts resist a' ' hsr:zontal wind 56 !cads. See :'--22 :: SEP 2 2 1998 Wordss..u.,.*- ~ :hrau:h are dele:ed; words unde:'ine, are ad4. e.d. Pg. , .=..,m_,,t c. trusses tc beam.~ shall be ar. chore: 2 acco.-,r, oda~e all asslgned u.ulift-~, rea:tl~r, an~ 3 horizontal loads. ~ (2} Anchors and straps shal' be instal'e~ per 5 specification. 6 (3; Gable exterlcr zones shall te ~d~--~d ~,. 7 mar. ufactur~- Se~ Ext~r:cr Zone Nai' ;r,a e-~ ..- 8 attachmen~ iS-i and iS-iA, 9. (4 Minzmur. design 'ca~ for trusses sba'' be as follows: 10 iLL - 20 PSF 11 TEL - 2~ PSF 12 BLL - 0 PSF 13 BDL- lC PSF I4 (5 Dell. Live Lcac 15 ~ D'zratlcn lcaz~nr .a~.cr_ ~ ~ 16 wind r,a}' ~e a~'ied. 17 {7 Naxir, ur, deai weight used %2 offset wlr. J up!~f% shall be ~9 20 EXCEPTION: 'f roof tile is installe~ in strlct 21 accordance wl~h %h~_ c=-r- S'.a,,.a.~ '~ ~' Det~r'-~nc the 22 Wind ~'s-ar,~e ...... c: Concrete and Clay ~.'--~ 711~_, '~.~ PSF 23 ma'.', t~_ us_d~ tc offset wlnd up~'- .... ~-~ .... th~ tsF chord and 24 5 PSF cn the t:ttor, chord. 25 (8 Twc englr, eerln~ pa:kales are required, one fsr the 2' paCkaGe wi'' *~. i~-u~'I~.~ at ti~, bear ''=-~ ..... 2~ C~E, and at r--~ e-~;-~ ..... e-~ ..... ~o- ' f .............. = .... ~ ......... wccz tame. 29 The r~: .... ~- ::~nt)' ::"=- ~ ---= - · .......... =..~-r S"~ .... ~- he in the . ,-. ........ tut an: !ch-.=r~-'f~r__. 'x~:h a. ..... ..... ~nal ~ s~gna:ure, :.~t a ::F':'. AL' the truss 33 tv 38 e, Any czr. kLy. ktLcn cf ~ ~ : :: 40 2cntra::c:'~ har.~ al:ne iS hC~ S'2fflZleY.%, Ccnnerz:cn 41 C: Jelall ~h9%25 s'dih as :-,a7,:~-~_._, ..... .:~.ra' cc--r......- ~.-= ..... ' ----: ..... aLU raZ'~. - ........... ~'~ d='~' ' =, e%c., dc nc~ nave 43 %c re -r~ s~er~f~r, z .... =' ra%uh tr, e overall 45 d6 1606.9.1 - ~LE E~S/R~F S~THING 47 (l) See a--~-~--~ -e_- .~ .... ,.. nailing and h, ra:inx 48 gable enos. 49 (2) Exterior end wa'is cn wood framing adjacent ts a 50 cathedral ce~':n~ shall be balloon framed. 51 (3] Minlmur. roof sheathlnc shall be if/32" four-ply, CSX 52 exterlcr plywc:a cr '5/32 53 4~ Power Jri'.'er. r, 5~ ers sba' ' use an%i-~o-~- ~a 54 de'.': ces. 55 5' T-nails, 2-na~'s ant stag!es are PAS5 14 SEP 2 1998 ............... are ~'e%efi; worzs ur. der b2 are added. 4 (71 Truss o'.'erha~s ;,-..~ f~- -r ~reate2 ~a'' E~ ~' '~~ 5 nailed ~i:h ~inl~u~ %i r. ails 4" '.- eC:e. an~ 6 G~,'~ sba' ' be a water~rc~t :~-=' a~r. esl'.'e. 7 $ 1606.10 - WINDOWS A/gl DOORS 9 ~ii Al' unprotected exterlcr wir, fi~'ws ar, z Czars must t.e l0 rated am~ iab~!~d for .... Il For windsw an~ door buck= .... ~'' mastnr? C~y, lncs,.. ~ see 12 iS-20 and 21. 13 (2 Garage Costs shall he deslsne5 fcc Jif MPH wind lca~, I~ ~='-- sha'i ccm~iv w~th ALEE-. E~ 1636 15 excep%ior, s. %8 deslcn and sea' Ail ~'~rDsr,~-'~ ~ C~:un ~nc!ud~n~ 19 .... ~-=-- ...' 20 m.p,h, wins 'oaclnu reqaireren:$. See 1606 fcc .x_.p._cr.s. 22 23 1606.11 - WOOD CONSTRUCTION 2~ 1606.11 1 - C-~ ....... =' ' -~ .. " 2~ ccmulv w~un iS-ii. 27 25 <' ;'Ji~dc'~'s ~n ~aslez end wa''s sc. all ue n- m~re than a 29 7. ci, lga[ ~'-?" ir, width ant :ultlple windows snail be 30 senarate: r.:riztr, tal~v b'. .... '~s that. :'-i" :unless 3I enzlneerefi and 32 33 1606.11.2 - ~:ztzx Flare shall he anzr. zrez x~t?. nai'.'an~zefi 35 37 4'-~" aunt: tc~, h:tt:: ~'--== --- ad-acent ts al' 39 (2 '~ 'rTM sDa~ ...-aa~= e',--,' .. 42 ann exterior w~ils snlv. 43 (2 Cart. ers sn~ll he strappefi brazer, See zraw:n: 45 1606.11.3 - Tas'eners ana cermet:cra sc. all te 46 ?rat ~h~_,_ o,_-"'f 3~. ~<e>:lcc czastlzne tc th~_ w~='~riy .... edge U.S. 47 41 and all barrier lslanJs, connectors, fasteners and 48 cause metal tr"ss~ shal b~ e~ ..... ............ dipped 49 cai\'anizefi, . ~=._- wl~h i.~ ounces cf zinc ~. -. one square 50 foot '~ ~'~' '£ .... '~ ...... ........... ~._ z:r,z caate: unner ~'.' AgC Triple 51 Spat 7es:, cr 13 stainless steel, or 14, painted Curinc or ~~.er insta latzcn with one cf the fallcwin;: 53 54 (a. Epc×'/-?clyam~de ?rimer (£S?S-Palnt 22 55 'P ia, al-Tar Eps:.:i.'-Pcl,:.ar.~ue Slag;: cr Lark ~e~ ?air.- 56 'SS?U-Fa:hr PAGE ' ~ Wcrds szruzk t::zu:h are delez-d; words underline 2 2 1998 added. 2 (SSF-?ain% 27, ar, f c=iC~..e.- -'' - '~-~-itlc. ..... ~r~-r~-Lt 12) 3 (Extra -~irk Filr.,~ paint ,c ...... . 5 1606.11.4 7 edges cverlap~=n CF; 9 1606.11.4.1 - Ail attic access openings r, ust be constructed 10 with outswing par, els cr door. ?he par, els cr doors must De 11 suoDorted., on all eCues tc D~'.'~"'. ...... cD~-,~n?, ~, into the a~tic 12 space. 13 J4 1606.11.5- Bearln~ wal ~-~-=,~_~..- sba ~_ ,.--'~' 15 ~-~'- -- engineer if '~= bu~ic~n~ w~dth exceeds 32' 16 (1 No ccncentrateJ lca~s creater that. 5,02,0 lbs. shai' 17 occur over open'rs= wl%hs~% d=~lsn certl=ICatiO~ 18 (2 Bear, s shall be anchcre~ tc cclur, ns cr walls and the '' ~ '' ~e nchcred the 19 columns an~ wa s _,,a.. a tc 20 tc accor~,cdate all truss uplifts, reactions and 21 hcrizcnta' loads. 22 23 EXEMIOTION: 24 1606,11.5 ~rer, anufarturei bear. s ha'.'[n~ a current SRC 25 approval. 26 1606,11,6 - Ali str';lt;ra2 sheatr, kn~ s~,a'' :cr.~iy wltn 27 Table 29 -- ..... =~ ~- ........ ' ~h~a'h'~ shall ke aooiie~ tc all ..... = ........ ''= ............ ~'-~=¢ cf 15/22" 4 ply cr 32 spagln? ............. : ........ .. . ~ 35 36 1606.12 - ROOF COVERING ~0 41 1606.12.1 - SHINGLE ROOFS 42 The foilcwlr,~_.~E~rl~'-~ ............ .... ~ ~ ...... '~'' slzln~_ are based u ....... ~ ~r. zr. 4 FL)' C2;.~ F!~ ..... ~ ^~ '~'~2 ~6 al, 2:'2 motor, uz t: 4:'2 Ditch, the under!a%~.en: ska'' ~$ 49 b, 4:12 c:%C:, tS £[:12 the unfierlavr, ent sba!' be 50 aurilec Der Ct. after 15, Se:tlon i564.2.2. 5~ 2 Metal cr plastic tab type nail 7/8" minlmum length with 52 round heads cr tin tabs ,mlnlru.r. size i 5,/8" diar, eter 53 c~,,~= na~ieg ~'~t~ rocfina hall~ no~ '~s= than 7/~" 5~ length. 55 3 Nail spacing cn Cry in 12" on faf and 18" c/c stag~er 56 na i i ed. Nords s:ruck :hrcu:~. are dele:e:; words .n~_... ed azded. 3 with cverai' clrth, ncr lest_ than 4 cf 2", or less if enqineer a.~.zrc'.'ed. 6 a!um:nur, sr e?;:valent in II ~nsta!iatians, r. inimur length i '/2" 12 : Plastic cer. en: ASiM 2-2~22 ~.inlmur. cn all eaves rakes, 13 cakle -~c cf 14 7. eta '. apprc'.'eh ty~e ne~' . 2I 22 Z606.~2.2 - TZLE ROO~S 40 6, AiL ...... '~ t: Ue ;ns:alle~ t: :;at:trial Tile Rccfin: 46 1606.12.3 - ~T~ ROOFS 50 1606.12.4 - ROOFS GE~ 51 ::'? Ail roazr. ::. fz: rzzf fasz:a s;-.al' ze tr. azzzrdar, ze 53 an~ at%arnren~ zf the ~r~7 ecre. 54 (2~ Where scfflt~ mater~a', (aluz. lnur. cr crt. er apprcved 56 the bu!l~ ........... s~'s~er.. Panels shall be nailed, ~GE~D~JTEU added. 4 1606.13 - COMI~ONI~NT SYSTEI~ 10 1606.14 - ~T~ BUI~INGS ........... ~ ........ alt certi'ie~ a~ 12 uartiai!v zF~~ = ......... ~ less - . . ............ ur. ,x: - -, dears or sir. er ...... e._ rate~ :z wi:hstar.: i17 :.~H 'x:r.~ ioacs. 15 ':2' ;':here addzt'z2s are maze t: e:,:zstzr.? F=za] 20 .... ' .... ~ 24 UL- 97 . 34 35 1606.15 - ~I~ STRUCT~S/SC~EN ENCLOSes 36 '' Alu ..... ~trz:Z;r::s :: s:reer. %:.zlzs~res shall ........ · ........ ~ ...... Sglz:.e sr. all release ..... :szres sha:' ha'.'e 44 45 szrfases. 4~ 1606.16 OTHER STRUC~S 49 50 .:~.elh sztsec~zcr. 16'~ '; ..... 'uu~ satelllte dishes. 51 1606.16.1 Al' azzess~rv slruslures shall h~ve a f~,oti~c 52 be ~2chsre~ 2: witr, star.~ a 'lC b:FH ..... - ...... Ac::ess::,,. Strxcture - A s:I::ct':re of a nature 54 cus:o:ar:lv :n::den:ai ama subaraina:e :: the DrinciDa; 55 struzture. The defz2:::c2 cf "aczessc:',' use and s:ructure" 56 in the County's Land 2e','eloDment ToSe is inc3ru:'>rated hereir. PASE I ~ Wor~s s:ruzk :Xrzu:h are Ce:e:ed; w:rCs unZerlj ,d SEP g g1998 are ! 2 CHAPTER 18 FOUNDATIONS 3 1804 FOOTINGS AND FObr~rDATIONS 4 1804.2 Sciis investigatlcn. 6 ;~r, end subsecticns i~74.2.1 an~ ~C4,2.2 %~ teas as fci'cws: 7 804.2.1 Concrete, ~son~ or T~er Footings ' ~ ~' be ~nen flat %ne allcwatle bearinc 9 capacity, o~. the s~i' is r,~t ev*~... -~. structural p.a' · ~0 concrete r, asonrv ~ tlr~r f~c ..... are used, thev sha~' I1 res% on undisturbed crr. lnlr, ur. n~nety fl'.'e t95) percent ~ ~ens l 1~ Ccr,~act~cn shall r,~.et a r.~r,~rur :=z .... =-~--- cf 95% cf 15 :.:cdLf~e: Froster, A. STY. 2-155-. 16 .............. : S a .............. = = shall be 21 area or fza--~zr, there:f, 29 the .....~"'' d~-ch taker, at .tlr.-e- .... rra~. ......... -c c: - · ;~ creater 32 1804.2.3 Natural Solid Ground or Piles 35 surf. f:undatLcr. Er. al' to er.tier, re: :2',.'7. t: nasural ~ .. -: ............ ~ ...... a u~:n Su~r,l t %a cf 41 a E t'.'e . 42 49 I .... Ai' ~ez:zcnat'~ r,a%erzal :srer. c'.'eJ .rcm' :he area tc 50 re:e2ve t. - - 51 2, Al' fi'' r,a:erza' :s clean. 54 5. A denser':' test ls taker, at each ill: and certlfied 55 ~" a Florida :~-'stere: Er.~ln~r adJed. 1 7. Ru:id:ng Fa= [area cf cc,-.Facte= f::i '.~ exte:,Ze= f:ve 5 h~r~zcn%al. ~ ~r ~ are -.'~ ..... - -u~.z_,,u 6 9. Densl%'3' %--t r-. Crt- ~i .......... . 8 iC,. ,:-, ~ stoner:can% .......... ~:crr, water ...... :~ '~ ~-~ ......... ..... ~Z 10 prcpert:es. 11 ~3 the "A" Zone if over 24" cf f~il ~ renu' red %~ the ~ cf the : -' ~i[ r.~n~r, ur .c~.in~ and any cf the asz'.'e ten 15 requlrer, ents cann:t be ret because: 17 i -h~ ~-..~ :'~ ..... e- ~e ~-~'='~-' wl%h %~ c~r~ 18 A~r.l ni st r a % ~'.'e Co~e: 19 2. L:r,i%eJ sSde':'ard se~ara%icr, ~rchlt:%s water cch%fol. 20 21 Mono!i~hic foun~a%icns wi. De apprcve~ cu%siJe .h. Flood "~ Zone :f %he a~c'.'e -~n ,.C) ccn~:%~cns arc r,_% Re:nforce~ 23 r, asor, r':' ~_~er, wa, ....... . .......... . ...... . 2~ E!ocd Zcne l~ a .... : -~ atc,.'e '~r, "i~ r,:nimur, re~u:rements 25 canno~ t~ ~,et t~rause i~r, it~J =-c~....a-d ~r---ratior, prohibits 26 water ccntr~l. 27 ................. u ..... r-r~v -,.--: ~,~-r- 28 ',See EXHiSi? ~ ~ r ,r. .... ~.r~ n-r .......... = ..... u 29 30 1804.5 Concrete Footings 33 1804.5 5 -'~ ......... = .... ~-='' = ~-~ : .... i.r~ ~' cr,~ and 35 nc% zesicnel ~y ar, arsh~%ec% cr engineer are as .... 36 ..... '' . .................. e_ and 39 ,' .... ~FA'..:E - a~ __= .... , . ~4 t" at ~a~' 24 in:hes d~r t)' l( :=-'~-~ w'd~- w''~ 46 ~ Fn''~-'C~~ r,a=~--'.' {stemwa' ' ~ ...... ~'- a' ' a:cess:rv 47 c-~':~',=-~ and =~n~'~ stcry -es'd~--~ ~ha' ' re ' 48 :r, ches d~: r)' '~ :nches w:d~ w:th two :2 49 relr, fcrclr,~ hat= at ~ 50 4. F,e:r, fcrsed r. assr, ry ,_.e..a .... = .*_ s r)' . ........ 51 -"~' be at 'es=: . :riches C~=- :v .4 =---~ w=ze w:tr. 52 :nree [3, ~ re:r.f::c:r,g tars. r:r, ci=th=: ....... = _la: .}'_t_rs _:.~12 :. 56 FA3E 2: adler. 2 HEREIN' 3 4 CHAPTER 23 WOOD CONSTRUCTION 5 2308 VERTICAL FRAMING 6 2308.7 Cutting, Nctchino and Bored Hsle.~ 7 Add subsections 2305.7.4 and 233.5.-.~ ts read as fci'sws: $ 2308.7.4 Notches used for ~iu.-.~inz, eler:r:cal ulpes, 9 cables cr wire requires a steel st a.: r,r less thor. 10 (1 5~--' thickness ccverlng 12 (See ~vwr: .... G .... w ......... & .. ~n~.n AFE HERESY iNCORPCFATE2 HE~Ei" ~ 2308 7 5 7cp plates in · ' . ...... arlnr ~'alls r. ay be ir.%erru~tez 15 (eliminated) between st~Js for '~= ~u-n-=~. c~ 9iur~in~ 16 (stacks~ d-vet vents, mechanlua' ~u~s 'ii, frei 17 inches r, aximur, in an':' one wa'', prc'.'~seC wa'i is sesurel}. 18 anchored ct. bath si~es cf ]9 2308.7.6 Ail tsc ula%es sba'' ~ C~uh'~. == u~- ica ant iSiC. 20 2l 2309 R~F ~ CEILING ~ING 23 24 Add sutsertlcn 2~-~ ' -- -~ .......... teac as fci'cws: 29 30 ........... = ~ r. .'.n..n .S HEFEE':' iKUZFFiF.ATEi HEFEi~;' 3I C~TER 33 SITE WO~, D~OLITION ~ CONSTRUCTION 32 3311 Safety Remitments During Constructlon 33 35 3311.2.1 A~e~u~-~ ...... ~-.. ~--.- ..... ~ .... 3~ cf al' wcr~=-= shal' u~ ....... =.- ]g (i~ workers. ' .... ~2 resz°ns~u''~'" =-- arresz c~ .... ' an~ s:~. safety at ali 43 ~ -~ ......................... e cf OCCUPancY. ....................... ~'~= and 45 .measures, i= anv =u-~ as '~ ........ ' ' ............. =- ~ ..... barricades, 46 gates, slqnage, cc'.'ere~ wa'kwa.:.s ant the !~ke, are necessary ~7 %c assure putl~c safel}' cn cr near the site cf the work 48 under his control. 49 50 3316. ir. the course cf catty,nc c'2% insse~t~cn assicnments ~2 to fe~era', state anf 'cca' safety standards. Wherever :his 53 occurs, each case wi'i be brought %c the at%enrich of the 54 person :n charge at the site. Co~e Enfcrcemen~ personnel 55 shai' nc: sub, eot ther. se!ves :c unsafe csndi~icns in order 56 to perform bui!d~n~ inspections. Such ~erscnnel shall 57 advise the perr~it%ee cf the inabil conduct PAGE 2 i 2 re;erred and shall te res:bed;lei. Hc'.'e'.'er, 3 are made ir~ed:ately the inspectlcn may then te ccntinued. 4 Where manifestly unsafe condlticn~ are a'lcwed ts remain 5 uncorrected, code -:- -~ - 6 operations in the vicinity to cease until rer, e~ied as 7 prcvided for ir. sutse~%:cn !52.' cf %r.~s 9 3317. Temporary Storage, Dispatching Office, Tool Shed and l0 Plans Rooms On-site, Temporary fazii:tles zr ]I thereof, whether cn wheels, skies, founded cr unfounded, 12 shall be anchored cr tied down to prevent dlsiocatlcn ]3 hurricane force winds {:lC. r. Shl . iie-d~'n criteria shall ke ]~ in accordance with the Cci'{er Cc'~n'7 '.'-~'ie Home Ordinance 15 NC 8a-4m as '-~ '~ ' Cr ' ' ~6 Department cf I.:otc, r "~e..ic.e~' ~ speci.icatlons. ~7 15 Exception: Motile equipmer, t {i.e. vehicles, trailers, etc.) ~9 "~ich,., is current:': licensed and esulzD~d :~ .... . ~~r ever-the-road 20 use and which is positioned (unat' ~ ~ ,ac.,e~ and maintained in a 2] state of readiness for unimpeded drive or tow-away in case 22 of emergency, shall be exempt fret the t~e-dcwn 23 requlrer~ents. 24 25 Temporary electric service, if utilized, shall be sized and ~6 prc:ected t: carry c:r, nect~ loads sa.__,' Physical 27 protection of ter. pcrary wirlnz shall be used to preclude 28 dar:age tc insular:in and other ccr. F:nents. ?empcrary 29 service ~'' ~= -: .... _ ~ ... 30 feat ~= ' 31 shall be,=._=~ .~.=-,- .'~~~-''c-_. ....... c~ an'.', insrectl~-. -., c~. .uermi%ted 32 ~urk at the site. 3~ APPEh~IX F FIRE DISTRICT 35 Fl01 GENERAL PROVISIONS 36 Fl01.1 37 .................................. swing: 40 42 indicated sr. the Cfficia' £:nir.: A~ias of eel':er ~3 C~ur.%':', 44 2. Areas idenziflez a~~ Cf, C2,, ~,,'~ C4 , 25 cr indus:rial 45 in a "PUC" (~ianned Unit Deveicpr. en%' 46 3. Ail .~O.,-CO',:~,.N~ structures identified as Cf, C2, 47 C4, C5 cr ; .... ~9 Fl02 BUILDING RESTRICTIONS 52 ~mend subsestlcn ?iC2.2.2 and FIC. 2.2.6 ts read as foiled's: 53 F102.2.2 Grcu~ "H" Orsupancy shall be ~err. itted ir, the fire 54 dlstrlc2 in accor~anse wlth ChaFfer 3. 55 F102.2.6 Ex~erlsr wa''s cf Ty~e iV ccnstruction wlrhin 56 feet from prcper~y line cr assumed property ilne shall have ] AGE~D,~jTE U PAGE 22 Words st ;' thrcuch are deleted ~o 'q ' ·~' S~P 1998 added. 3 4 APPENDIX C: ONE AND TWO FAMILY DWELLINGS 6 A.mend AoDendi×.. "C" ts read as ,~x~s:t~''~" 7 Ail one and two .am.~} dwellings n~t m~-~ than three 8 stories in height and their accessory structures shall 9 designed in accordance with this Ordinance. 10 l! (See EXHIBITS A -u ,, ~- ~u-~ -0 THie ~: .... ~'~' 12 13 SECTION THREE: INCLUSION IN THE CODE OF THE LAWS AND ORDINANCES 15 The prcvislons of this Ordinance shai' beccr, e and be r.a~e a ~6 part of the Code cf Laws and Ordinances cf Ccilier County, 17 Florida. The sections of the Ordinance ma':' be renur~erec oF 18 re-lettered to accomplish such, and the word "ordinance" r, ay 19 be changed to "section", "ar%icie", or any o%her appra~rla%e 20 word. 2! 22 SECTION FOUR: CONFLICT AND SEVERABILITY 23 24 in the event this Ordinance c ..... ~..s w.... an':' c~he: 25 ordinance ct. Collier ~...~, ~ ..... ~' ar c-~- ..... a~iicakle law, the 26 more restrictive sba'' a~rlv, if an}' ~hrase cr pcrtisr, cf 27 this ordinance is held invalid cr unccnstltutional ky ar.':' 28 court cf competent 3ur:sdictlon, such portion shai' be 29 deemed a separate, distinct, and independent provision and 30 such holding shall not affect the validity of the rer, alnln~ 31 portion. 32 33 SECTION FIVe: EFFECTIVE DATE 34 35 This crdlnance shall t~-c-~ :~ ' ...... e...c.~ve upcn filin~ w~th the 36 Department of State. 37 38 PASSED ~ DLrLY ;tDOPTED~:~" the Boa-~_. ..-~ County Cor~.isslc-~-=. 39 cf Collier ~ ...... , __ ~ ..... :, Ficrlda thls da)' cf 199~. ~0 42 ATTEST: 53AF2 CF CST:ti':' COMMiSSiONERS 43 u,$~Gn. ~. ~'-r., Clerk ..... ~r .~L.: FLORIDA 44 46 BY: BY: 47 Deputy Clerk DARBAFA E. BERRY 50 Approved as to form 51 and legal suf~c~ncy: 54 Thoma~ C. Palmer, 55 Assistant County Attorney ~6 57 TCp:7~8 AGE~D~TE~ PAGE 23 SEP 2 2 1998 Words struck throuah are deleted; words underlin~ are -c H--.:.? H R;G A~ iAC~-J..:.,,~ PLAN DF, O? IS AT ALL P,~N£L r=cr$ rx:£PT ~X~J, RO0? S'.-:EAT!:L~'3 ^TT^CH~ENT PLAN ISIA AGEND~ITEM -- SEP ~ g 1998~ STANDARD GABLE END WALL DETAIL 2 X 4 GROUP 2 OR BETTER BLOCKING CENTERED BENEATH SHEATt-3NG A'IWACH BLOCKING WITH TI'IREE TOENAILED OR TWO I~D EDGE NAILED 8D NAIL,5 ~ 4" O.C. EACH END AT EXTERIOR ZON'~ GABLE END AREA ONLY SEEISIA 1/2..NOMINAL S,T, R U CTU p, A LNN~ ~ 12" MAX. ~, ROOF SH,~ATHING'. SEE 1S iA FOR NAILLNG ~'~ N f ~" "~; . WOOD TRUSSES "~ ,-. _. O.C.(T':7) '~'~'~.-x. GABLE END v E ?,T. B R/-.C[N~ E ?,AC1NG AS FERISS SEE IS6 '--~--~, FOR DETAE SEE I54 FOR (2) !ZD NAILS WOOD WALL · RT EXTERIOR SEE 155 FOR ZO:,E_ TRUSSES Cr'S \VALL ?:2.TE: O?77ON.-'.L ( T':'F;£AL ) C E i LI,','G FUR,Ki N'~ / FOR CLARITY ~ ~" :-' G':'PS U:',i WALL ,~7 / NOTES: =~OAF~D CO:,-T' ~OUS ~ X ~ OR E z%iTER LATER.-',L BRACE _ (1) FOR CATHEDF~-'.L CEILINGS, G.-'..E-£ AT g' O.C. MAX. OR IX¢ #2 AT TRUSS blUST ALSO EE CATi-~_~ R.-'.L 1 <" ON CENTER AT EXTEPJOR AN-~ END WALL -" ~ "' =.-.~-OoN FR,-'.. :ED ZONE_ TO FOLLOW SLOPE OF GAELE E©TT, O.'.: (2) ALL NAILS TO EE CO:.i:,;O:,: ::AILS (3) ERAC[NG SH©V,%' iS IN TO r~,~,. ~,-,~,~:~ ~ ~F,.'-.CI:';G REQL:;F, EZ ' IS2 5¥ T.P.t. OR THE I.,~,~\ ,~,.-'.,_ DR,-',V,'iNG S DROP GABLE END WALL DETAIL 2 X 4 GROUP 2 OR IRE~R BLO£FdNG CENTERED BENEATH SF','EATHrNG JOR:,-r ATTACH BLOCKING WiTH THREE 16D TOENAILED OR TWO 16D EDGE NAILED gD NAILS @ 4" O.C. EACH E;JD AT EXTEPJOR ZONE DROP GABLE END AREA ONLY SEE AT 2~" O.C. ( TY? ) ' \ VERT. E RACI,'¢G \ FEB SEE IS'7 ~Z:~. FOR DETAI~ N3TE: OPTIONAL SEE iS4 FOR C£iLiN~: FUF, FGN~ '¢,'OOD WALL - :' '~ .... SEE IS5 FOR CL.:.FZ';':' A'. E>:TEFJOF~ [ CBS WALL ZC';~ TRUSSES ( T':'F;CAL~ TRUSS ~'.;ST ~.~.O BE C,RTHEDF~:.L lC' ~," ~., CENTER AT EXTE~OR AND END ~V.x LL B :.LLOON FRAMED TO FOLLOW S, OPE OF GASLE ~:.~C.:.: ~' - (2) ALL NAILS TO BE COh1MO>; NAILS (2) ERACING SHOWN IS INADDITIOt; TO PERMANANT BRACING SEP 2 2 1998 TYPICAL GABLE ATTACHA~IENT TO WOOD FRAME END WALL 2 X 4 SPRUCE OR BETTER LATERAL BRACE 8' O.C. WITH (2) 16D COMMON NAILS GABLE ----] OR 1X4 ~.~2 AT 16" END I_] SHEATHING TO BE ON CENTER WITH ~ NAILED WITH 8D (2) 10D COMMON NAILSX COMMON NAILS ~ 6" O.C. @ EDGES.AND · " 12" O.C. INTERMEDIATE - ( TYPICAL ) ~ AT 12" O.C. NOTE: O?TiON/-.L 2X B'LOCKLNG CEit~O FUP, P, IN~ NAILED 1~" SPLICE JOlT NOT SHOWN FOk O.C. W/~D BETWEEN DBL. . · CLARITY COMMON NAILS TOP PLATES ' SEE ET^N'DARD V,XHEN CA=. HEDRAL CEiLiNG BUILDING CODE OCCURS ;,T GABLE. GAELE TRUE5 FOR N~G 0F MUST ,ALSO BE C.~.TR~DF, AL AND DOUBLE TOP END V/ALL BALLOON FP, A~.~Ei, FLA'fES ' ' TO FOLLOW SLOFE OF G.AELE NOTE: THIS INSTALLATION IS IN ADDITION TO BRAC~'G IS4 REQUIREMENTS OF TRUSS ~IANUFACTURER OR SEP 2 2 1998 I TYPICAL GABLE ATTACHMENT TO CONCRETE END WALL 2 X 4 SPRUCE OP. BETTER LATERAL BRACE 8' O.C. WITH (2) 16D GABLE COMMON NAILS END OR 1X4 #2 AT 16" ~ SHEATH[ING TO BE ON CENTER WITH, NAILED WITH (2) .10D COMMON NAILS COMMON NAILS " ~ 6" O.C. @EDGES AND ~ 12" O.C. INTERMEDiATE (TYPICAL) .... t6D CO~ ,3':'Ps UM 55'A LL BOARD ,, ~'; ~. O~iON.~.L ' CET_~NG FUP. I~N3 N 2,7 SHOWN FOR HURRICAR~ CL.:.FZT':' ~ ~ SIRAP 4' O/C BEN7 UP AND 2 X 8 P.T. WITH 1.'2" O%~R GABLE "j" BOLT OR MUD BOSOM CHORD ANCHOR 4' O.C. OR 2X6 P.T. W,' BLOC~NG TO CARRYCE~LING DIAPiIRAGM v.'Hl?: CAT~ D p~z. L CZCURS AT GA. ELE E~;D USE NOTE: THIS INSTALLATION IS IN ADDITION TO BRACING IS5 S~P 2 2 1998 TYPICAL LAI)DER DETAIL 2 X 4 GROUP 2 OR BETTER BLOCKING CENTERED BENEATH SHEATHING JOINT. ATTACH BLOCKENG W/(3 ) 16D TOENAILED OR (2) 16"D NAILS EACH (2) 16D ENDNAILED BOTH 3fl LB. FELT OVER LADDER EACH SIDE ENDS. 15/32" blhN. SHEATHING / NAILS AT / 6" O.C. DRI~ SD NAILS @ 2 X ~ LADDERS GROUP - EDGE AND 4" O.C. MEN. 2 OR ~BETTER 2~" O.C. ~" O.C. FOR [ " PLYWOOD [ DRIP gDNAILS " ~ ' ~ " G 6" O.C. CO:':T~"dOUS 2 Y 4 Gl,Ok'? 2 OR E ETTEP.- ' GABLE FA SCL-'. NArl.ED TRUSS ATTACH LADDER TO ~;qTH ( 2 ) ROWS TOP CHORD OF GABLE ~"cc SD NA.ILS 12" O.C. Ti,c__ V,','( 2 ) 16 D NAE.,S AT 24" O.C. STAGGERED SHEATH]NG TO BE NAILED WITH 8D COM' ~ ~" ~,~C.~ NAILS 6" O.C. G' EDGES AN'O ] 2" O.C. INTERMr, DL-ITr~ ( Ti P~u.-.L) 12" max. IS6 -'::,: ,t~,~,, CO.X~:,iONNAILS AGE~DAIJEM ~ S E P 2 2 1998 TYPICAL DROP GAIII.,F. DETAIL 2 X 4 GROUP 2 OR BETTER BLOCKING CENTERED BENEATH SHEATHING JOINT. ATTACIt BLOCKENG 30 LB. FELT O%~R v,'/( 3 ) 16D TOENAILED OR 15/37 MIN. SHEATHL\'G ( 2 ) 167) NAFLS (2) 16D ENDNAILED BOTH EACH LADDER NAILS AT ENDS. 2 X 4 LADDERS #1 PINE 6" O.C. DRIP .. OR 2X6 GROUP 20R~ · BETTER 16" O.C. EDGE, AND 4" O.C. FOR · 8D NAILS @ PLY'WOOD 4" O.C. MEN. ~ DRIP CO, ,'=CTORFO,, ~~: GROUm2ORBE~ER ~360 UPLIFT MIN, ~ ~ ~T10 UPL~ M~. ~,]TH (2) ROWS - 10D NI~S 12" O.C. STAGGERED SHEATH~G TO BE NA_IZED V,'ITH SD COMMON NAYLS 6" O.C. G EDGES AND 12" O.C. LNTERMED~ATE ( TYPICAL ) DROP G ABLE TRUSS ,,:., ,t.,.~.,, NOTE: ALL NATI.S TO BE IS7 ,,- CO,~iMON NAILS ML\'IMUM SEP 2 2 1998 TYPICAL GABLE END ~qTH TRUSS TO CONCRETE END WA.LL WITH .CATHEDRAL CEILING 2 X 4 SPRUCE OR BETTER LATERAL BRACE $' O.C.V,"ITH (2) 16D COM~ION GABLE NAll. S OR 1X4 #2 AT 16" ON .< END TRUSS CENTER WITH (2) ]0D COMMON NAILS. x.~_~ SHEATtTING TO BE · coMr,4oN N^ S l' O.C. BRACING ALSO \k/ ~ 12" O.C. INTERMEDIATE REQUIRES CONNECTORl/-,, [ ( TYPICAL ) RATED AT 400 LBS. V 'q 2x6 STUDS AT J 2~'" O.C. OUT FRO.M RIDGE. ,, GYPSUM WALL STUDS MUST BOARD V,'/BLOCK.lNG REACH FROM NAILED TO STUDS P.T. PLATE TO ,-x- TOP OF GAELE 16D COMMON WiTH (2) lCD CO,,,, ,ON NAILS NAII.,S @ 16" O.C. ~" '~ ' i TO HOLD GABLE / TO P.T. PLATE AND ~2X6 STUDS TO GAB CONNECTOR REQD. END VERTICALS RATED AT ~00 LBS. EACH STUD HURRICAN'E ~ ID ~.-'.? ~' O~C BENT bT AND O~-ER GABLE EOTiOM CH OF.D 2X6 P.T. WITH 1/2" ~ ~ "j" BOLTS OR ?,iUD ANCHORS AT ~' O.C. ?:.GTE: OPTIONAL CEILING FURRING NOT SHOWN FOR CLARITY NOTE: THIS INSTALLATION IS IN ADDITION TO BRACING IS 8 REQUIREMENTS OF TRUSSbI..~, UrACTURERORT.P.I. 85 2~: ~!'] ITEk~ 1998 TYPICAL GABLE END WITH NO TRUSS TO CONCRETE END WALL · WITH CATHEDRAL CEILING 2X 4 SPRUCE OR BETTER LATERAI, BRACE 8' O.C.WITH (2) 16D COMMON NAILS OR IX4 #2 AT 16" ON CENTER WITH (2) 10D COMMON NAILS. .' __ ~_~. SHEATHING TO BE NAILED WITH SD ~ COMMON NAILS 6" O.C. @ EDGES AND $' O.C. BRACING ALSO [\ /~ ~ 12" O.C. INTERM£DIATE REQUIRES CONNECTOR [~' ( T,q:'ICAL ) RATED AT 400 LBS. ' . 2x$ STUDS AT ~ 2-'" O.C. OUT FROM RIDGE. o GYPSUM WALL STUDS MUST · BOARD W/ BLOCKING REACH FROM NAILED TO STUDS P.T. PLATE TO WiTH (2) i,4D COMMON TOP OF GABLE NAILS CONNECTOR REQD. ~ RATED AT 400 ' ~r, . ~ EACi-I STUD ~// / / - 2X$ P.T. 'WITH 1.'2" ~) O ".}" BOLTS OR ?,.iUD ANCHORS ATe' O.C. ?:Z'TE: O r-'Ti ON.-'.L ,-'- ,_I:~o FURR]:<G ,-.-, .~"-- SHO'¢,~ NOTE: THIS INSTALLATION IS IN ADDITION TO BRACI'NG IS8A REQUIREMENTS OF TRUSS MANUFACTURER OR T.P.I. $$ S E P 2 2 1998 TYPICAl. SIDEWALL SECTION 30 LB. FELT OVER 15/32" MINIMUM SHEA'I'HING NAILED 6" O.C. EDGES AND 12" O.C. FIELD. PLYV,'OOD NIUST EXTEND 3'0 OUTSiDE EDGE OF 6" ON CENTER NAILING FASCIA BOARD BOTH DRIP EDGE AND PLYWOOD. Y' OVERLAP REQUIRED FOR VALLEYS AND DRIP EDGE. ALL METAL TO BE INSTALLED FOR DRY IN INSPECTION CONNECTION REQD. FOR VERTICAL AND HORIZONTAL LO.~D_ / AS PER CODE CONTINUOUS 2 X 4 ~'~ GROUP 2 OR BETTER SUB-FASCiA FAscIA NAILED WITH (2) ROV,'S SD NAILS 12" O.C. STAGGERED NOTE: W'rrgN OVERHANG Oi CANTALEVER EXCEEDS 45" PLYWOOD MUST BE NAILED A ABOVE AND GLUED WITH AN APPROVED PAN'EL ADHESIVE IS9 ,~,.,,.,, COMMON NAILS MLNIMUM S EP 2 g 1998 .36 TYPICAL'FRAME WALL CORNER DETAJL SEE ISII FOR GARAGE DOOR OPENINGS Foun ]0D REQD. ALTERNATE TOP PLATE OVERLAP ~ · % '' . ;-' 0,, CENTEi ON ALL -' ' : .......'- BRACE TO EXTEND · '" ":. / TO ~OTTOM OF ( NOT . OTE. ALL NAFuS TO BE TYPICAL FRAME GARAGE DOOR & CORNER DETAIL 1T DISTANCE IS LESS THAN 3' I-[EADER MUST EXTENT) 1500 LB. RATED TO EFT) OF WALL CORNER HURRICANE CONI',rECT TRUSSES OR , Nt5 SPLICES il< SHEATHING FP,.AMING ABOVE TO ALLOWED IN TH'IS AREA HEADER, NOT DOUBLE TOP PLATES NO SPLICES < IN SHEATH. IN( ALLOWEDLN THIS AREA < PROVIDE CONN'ECTION -._, 1500 L~ RATED ~ FOR REQUIRED UPLIFT ,.Q' HURRICAN-E - STRAP P..EQU~RED PROVIDE CONNEC~O:,' / FOR REQUi'?,ED UPLIft' , DSL. £TU~ ~ REQUIRED NOTE: ALL NAILS TO BE ISll ,':,,~ ~r, ~: COMMON NAILS MENIMUM ~qo ~ SEP ~ Z 1998 TYPICAL RAFTER FRAMING · RIDGE BOARDTO BE NOT LESS THAN THE DEPTH OF THE RAFTER END CUT AND SHALL BE STRUCTURALLY FUNCTIONAL .. RAFTERS SHALL BE .. ~. PLACED D [REClrLY ,. OPPOSITE EACH OTHER · HJ3 COLLAR TIE ~ TO BE LN UPPER THIRD OF ROOF a ...... SYSTEM IX6 MIniMUM : COLLAR TIE REQD.. UNLESS FLAT STRAPPhN'G~ ." OVER TOP CON~"ECTS . ~ BOTH RAFTERS RAFTER TIE / CEILING JOIST REQUIRED " ALL RAFTERS, JOIST, AND RIDGE BOARDS SHALl COMPLY WITH NFoPA SPAN TABLES FOR JOIST [ AND RAFTERS. ANCHORAGE IS REQUIRED AT '- OUTSIDE WALLS AND AT RIDGE FOR LOADS GIVEN ON IS17 AND IS18 -- IS12 AGENI CONCRETE BEAM SPAN ( FEET ) A B B BI BI BI B B B B~ B B B B B B I B B B B B B (I) ALL TInS MUST SE FULLY ANCHORED AT TOP (2) CALCULA~ON5 ARE BASED ON S~'GLE SPAN, UNWORthy LOADED BEAM (3) SPAN BASED ON CLOSED BUILDING ENWELOPE (~) CONCRETE SHALL BE A MiNimUM 3~ PSI IN 28 DAYS (5) REIN~ORC~G S~EL S~LL HAVE A TOP BOTTOM REINFORCING REINFQRCI\'G TITS " BARS 2 ) ;5 BARS #3 AT 4" O.C. SEE IS16 CONCRETE TIE BEAM SCHEDULE: 8"x10" IS13 SEP 2 2 1998 8" X 12" CONCRETE BEAM SPAN (FEE':I') iD DID ~ D D © D E D D D E (]) ^LL TO~S MUST SE FULLY ANCHORED AT ~ D D D E E {2) CALCULA~ONS AREBASED -. ON SINGLE SPAN. UN~FORN~ LOADED ~S~.~.~ Z D D D I E (3) SP~.N~ASEDOXCLOSEr ~ E (~)CONCRETE SHALL BE A HAVE A MllqMb~; Fy OF 60 ~JD O E l TO P B OTTO M B EA M ~N'G ~l~O TIES C ~5 BARS IIANGE~C}IAIRS FOR SUPPORT ~3 AT 5" O.C. SEE I516 E ( 2 ) g5 BARS ( 2 ) ~6 BARS g3 AT 5"O.C. SEE I516 -~,.~,',,.,; CONCRETE TIE BEAM SCHEDULE: 8,,x12,, IS14 AGENDAIIEM .No ~ SE P g g 1998 8" X 16" CONCRETE BEAM SPAN'( FEET ) F FIF G G G ~.~- F F GI G '---'~ F F C C C C] C n H~ H, '~ F G G G G G G G H F G G G G G G H H I ~ G G G G G G G H H ~ G G G G G G H H H I ~ G G G G G G H H I I '~. G G G G G H H H I , ~ G G G G G H H H I k G G G G G H H I I '~ G G G G H H H I I ANCHORED AT ro~ ~ G G G G H H I I (2) CALCULATIONS ARE GN' SINGLE SPAN. ~ G G G G H I I LOA~S~E~X~ (~) SPAN BASED ON CLOSED BUILDING ENVELOPE ~ G G G G H I I (~) CONCR~E SHALL BE A ¢ G G G H H I I ~ (5)~E~XFO~CmGSZE[~ HAVE A MInimUM b' O~ 60 ~S~ TOP BOTTOM BEaM REINFORCING REINFORCING TIES F ~]~.~ BARS .' ~,_ BARS HANGERS/CHAIRS FOR SUPPORT G _ ~5 BARS . ~5 BARS ~3ATT"O.C. SEEISI6 H (2)g5 BARS 2 ~6 BARS ~3ATT"O.C. SEEISI6 I (2)~ BARS 2 =7 BARS ~3ATT"O.C. SEEISI6 AGENDb ITEM No /~'IA"I _ s E p 2 2 1998 TYPICAL TIE SPACINC SEE BEAM TIE SPACING "j SEE I:IEAj SCHEDULE 24" O.C. SCHEDULE FOR TIES ~OR~ SPACING SPACING L/3 L/3 L/3 MAINTALN i AND 1/2 ~ #3 TITS WHERE INCH CLEAR COVER REQUI. RED, SEE ON ALL SI'DES TO TI.ES SCHEDULE. TIES CLOSED AN'D ANCHORED AT TOP. CALCULATIONS t-.R_ BA_OED ON S~GLE S?,~, UN'IFOR:..~?:' LOADED BEA~ BEAM SPANS ARE BASED ON CLOSED BU'iLDING EN'VELO?E CONCRETE SHALL BE A Mh-NIF~!IM 3000 PSI IN 2g DAYS RELN'FORCiNG STEEL SHALL ", mA\ ~: A NF'~,'f'UM Fy OF 60 KSi .,.,,., IS16 SEP g g 1998 ALTERNATE BEAM SIZES ! #3 TIES WHERE REQUIRED, SEE ~-~ #3 TI~S WHERE REQUIRED, SEE 16" BEAM SCHEDULE. ]6" BEAM SCHEDULE. TIES CLOSED AND ANCHORED AT TOP. TIES CLOSED AND ANCHORED AT TOP. 8"X18" TIE BEAM 8"X20" TIE BEAM MAINTAIN 1 AND I/2 INCH CLEAR COVER ON ALL Il'DES TO TIES C.~LCUL..TIONS ARE ~-.SzD ON S]'i',,.~LE SPAN, UIJl~ORMq_y LOADED BE~..? ~. ' BEAM SPANS ARE BASED ON CLOSED,BUILDING ENVELOPE CONCRETE SHALL BE A MINIM'UM 3000 PSI iN 28 DAYS . REINFORCING STEEL SHALL HAVE A MENIM'UM Fy OF 60 KSI IS16A SEP 2 2 1998 CObD;ENTIONAL ROOF FR~r]NG UPLIFT LO~2D PER ~TER (LBS) 4 FT. OVERFD~G MAX. Buildins Width 20' t 22' 32' 3~' Spacin~ Roof Slope 2/12 12" O.C. 57~ 656 &98 7~0 ~22 16" O.C. 763 ~6 528 1011 24" O.C. ii{S !P72 !093 16" O.C. ~2S ~0O 972 10~ 1!16 l~,, O.C. 12~6 !354 !~2 !5]0 12- O.C. 60S ~3 ~17 771 16" O.C. 810 ~2 ~5% 1025 10~7 2~,, O.C. 1218 152~ !4~ 15{2 !~S0 Rccf Sicpe 5/12 12" O.C. 5S5 f~C ~2 7~{ 16" O.C. 752 ESl ~2C 5~0 1055 2!" O.C. 1i76 l~SC i]S~ 1~88 !55~ Kccf S!cDe 16" O.C. 745 ~C9 ~72 52~ 2~" C.C. 1120 121~ 1212 - Eec' c~c-e 7/12 12" O.C. 40~ ~5~ iS" O.C. 540 6~5 .i0 24" O.C. S12 ci~ 74~ ~i~ ]$-17 AGENDA Il'EM · NO ~ SEP 2 1998 I'IORIZONTAJ~ LOAD PER RAFTER (LBS) FT. OV E RY. DJIG Building Width 20' 3~' after pacin~ .: Roof Slope 2/12 6" O.C. 16 18 20 22 2~' Roof Slope 3/12 .2" O.C. 36 ~0 ~5 50 ~" O.C. 72 86 SO Roof Slope ~/12 ~2 C.C. 60 ~ 75 L6" O.C. ~0 56 lO0 I10 120 '~" O.C. 120 13f 150 166 lEO Roof Slope 5/12 i2" O.C. ~4 95 IC5 115 126 Roof Slope 7/12 12" O.C. 136 153 170 18~ 2{" O.C. 272 30~ 2~0 ]S-lB AGEhDA JTEM ~0. /?~" ~ SEP 2 2 1998 SHEAR WALL REQUIREMENTS B D £ F L W~D A < B+C+D+E+F+G THE SUM TOTAL LENGTHS OF SHEARWALLS IN ANY DIRECTION S}IAI.L BE EQUAL OR GREATERTHANTHELENGTHOFTHE PERPENDICULAR SIDEI.ENGTI!OF]-tiESTRUCTURE A~ENDA iTEM ix,'OTES: (I)ALLDIRE~IONS SHALLBEC~C~DFORSh~ARWAL] REQ~~~ ( 2 ) RE.ANGULAR ELEMENTS OF NO~E~ANGULAR gU~ D~GS S~LLB= CONSIDERED SEPARATE BUILDINGS FOR DETE~i~G SR [RWAL~. DRA~' STRUTS MAY BE USED AT ADJOi~NG BUi~iNG SE~iONS D~ & . ALUMINUM WIND OW INSTALLATION ( MASONRY ONLY) {.~6' ti,, MAX~'IUM ROUGH OPENING fastened with 3\16'~<onc. Szrews, one within 4" of SHIhI 3/ii" MAXIMUM each end, then 18" on BETWEEN V\'INDOW Screws, one within 4" of center ~,o'ith a_minimum AND BUCKING each end, then 18"on embedment of I l\4"in concre e. center with a minimum -- - em~edment of 1 l\4"in concrete. 1XP.T. bucking or.v.'[ndov,' L fastened with %~q,'v',~v,'. ~ Screws, one within 4" of each end, then 18" on center _with_ .aa .m, inimum SHIM 3I$" MAXIMUM .embedment o._fl l\4"in .concrete. [~ BETWEEN WINDOW AND BUCKING NOTE: (1) SOLID POUR REQD. AT EACH SIDE OF OPENINGS (2) BUCKING CAN BE BEVELED BUT ANCHORS CANNOT BE 1N BEVELED AREA ~~ CONCRETE SILL NOTE: 'WINDOWS TO BE ATTATCHED TO P.T. BUCKINGS PER MANUFACTURERS SPECIFICATIONS. No. S EP g g 1998 EXTERIOR DOOR INSTALLATION (MASONRY ONLY, SOLID CORE WOOD OR METAL CLAD EXTERIOR GRADE 6' 7" MAXIMUM MASONRY OPENINGI.... I I ,~. I2"O.C. FOR .~INGLF: I.EAF AND S" ~II i ~. '~O,C. FOP, DOUUI£ LEAF gOOnS / 't 5X / 2 X P.T. bucking or door "\ 'S[IIM 3/8" MAXlbIUM fastcncdwith 3\16"~4Z:conc. ~ · Screws 18" on center for single leaf and 12" on center for double -- ' leaF. Will.___2 1 1\4'___: embedmen~t i Door~ ,, PANI:'L ~T [~ [ ,,~-" SHIM 318 MAXIM UM Il SILLSEAL Z '~ Slbb SCR;WS ~:) J I T fasJencdwith]\16"X4"conc, II£AD J J__ SILL ALUMINUM Iii Scre,vs l S" on center for single ~ i J ~, learand l:" o~ center ror double '-~.-- ~ '. ~ ^ il \ ,e,,r. with 1 1\4" cmbedmcnt into -- / ~ _______/~_.k-- ~.cincrcte. #8 GALVANIZED FINISH NAILS AT 1~" O.C. FOR SINGLE LEAl:' AND $" O.C. FOR DOUgLE LEAF DOORS .< ~,o ,~. .-L--~:'-"'x ( I ) INSTALL HINGE SCREWS #I0 X I.I/?" ( 2 ) INSTALL LOCK SEf. ( 3 } INSTALL SECURITY STRIKE SCREWS (~& X ~,I;2") 1N S'FRIKE PLATE, ADJUST STRIKE PLATE. ADJUST STRIKE PLATE FOR SECURE DOOR L'IT, 'FilE.,.,. TIC:;HT£N SCR£WS. .",'O'FE: NOTE: I~ X 2,.V2" $CR£W$ MUST DE SECURELY (ll SOL10 POUR', ~"EQD, EACII SlOE ANCIIORED THROUGH TIlE FRAM, E INTO TH£ OF OP£NINGS STUD TO PROVlD£ PROP£R STRIK£ PLAT£ (~-) I',UCKINC; CAN BE BEVELED BUT S']'RENC;Til AND SI:'CURITY. AREA ( 4 ) SET ALL NAILS. sC, ENDS tlE~ -' · SEP 2 2 1998 TRUSS DESIGN FOR OPEN LANAI'S /PORCtlES FOR VERTICAL AND HORIZONTAL LOADS. TRUSS MUST BE DESIGNED EXTERIOR V,,qTH T't-~S SECTION WALL TO BE EXPOSED TO WTND OUTSIDE BUILT AND BEAM ANCHOi:LED { ~ REQD. ) FOR ALL GRAVITY AND TRUSSES MUST BE ONE OF THE FOLLOW'lNG: V/iND LOADS ( ! ) BEAPdNG AT EXTERJOR WALL ( 2 ) CAN'TED OFF EXTERIOR WALL ( 3 ) EUILT TWO PIECE AS S..rMPLE SPANS Sie~.RiNG EXTERIOR WALL ( 4 ) CARRIED BY GIRDER U~=D AS DRAG S ~ ,U ~ OVr. R EXTERIOR WALL. TIlE GIRDER -- blU ST EX'i'END UP TO T~'~_ EOTTOM OF ROOF S HEATH ( 5 ) PAN'EL POD~'"[' PROVIDED TO ATTATCH WALL FOR ALL VER~CAL AND HORIZONTAL ¥,qND LOADS IS22 Nc). ~ SEP 2 2 1998 LOAD BEARING HEAD.ER DETAIL TRUSSES CA,~:~,I~D BY '}~,-,kD~ )4IJS-T B£ A2qCHOR.ED TO ~AD~, NOTTOTOP PLA~S. IF CRIPPLES ~ USED B~EN ~D TOP PLATES, ~CHORS ~E ~QD. AT TOP ~D BOSOM O~ ~PL~. ~". . · '~,.: ' ~.:; .... : . · D~L. TOP *.. ' .... ' . · ~ ,; .... PLATE ', ~ .... .: · ' .."' :.~; ...., ". '."..... '. CORNERS FOR 3~5 LB. ML~, LOAD TO CALCULATE LOAD ON HEADER. ( SEE TF. USS DRA\~q:;GS OR ]SI? A:~,'D 12 ) EX.A~¥~PLE: REACTION =2628 UPLIr-T=1030 SiX TRUSSES BEARI,'~G ON HEADER DO~V,N LOAD= 2028 X ~ TRUSSES DrViDED By 2 ~EARINGS=50~ UPLIFT LOAD= 1030 X ~TRUSSES DIVIDED BY A CONNECTION WOULD B£ REQUIRED }:OR 20~0 LBS. UPLL~T AT THE TOP AND THE EOTTOb~, EACH SIDE OF O?£NLXG. OPENINGS OVER ~' IN WIDTH R£Qb~L-RE A b~'~4Ub~ OFTW0 STUDS U~NDER HEADER AT EACH Eh'D. OPENINGS OVER ~2' I,N WIDTH REQUIRE A bL~'PdU,~ OF THREE STUDS UNDER HEADER AT EACH Eh'D. STRAP.q TO HOLD HEADER SHALL BE "U" TYPE, EXTENDING FROb~ FRONT TO BACK FACE OVER DBL. TOP PLATES. SEP 2 2 1998 Natural Solid Ground or Piles Outside Lhe Flood Zone ~{ONOLITH[C FNDS, OUTSIDE THE FLOOD 'ZONF, -co?..~,CTE~ J I I FOUNDATION BLDG. 3~ SLOPE jsT~S~y''~' ----' , ,- , -~ t ST-~ ~ 12" LIF? ~ ~ ,la' Lin I ~ ~ NATURAL S~LID GROUND CLt'A~e~ ~' EXHIBIT A AGE~4DA,ITEM SEP 2 2 1998 Natural Solid Ground or Piles In the 'A" Zone I },{AXI~{UM ~ 5' · ' [ I~AXI'UTJ~(L 30' SLOPE. /I OUTS[Dh I FOUNDXTION., 5'- OUTSIDE ~ ~~SLOPE ~BLDG. BLDG. F.F. EL. ~IN, TEST _ ," ~~TEST ~ N~tur~l Solid Ground Cleared EXHIBIT B AGE~ S~P g 2 1998 .. One and Two Fatuity Dwellings l~{onol[lhic Fooling - TWO STO~¥ RES[DENC~ One and Two Family Dwellings SLemwall Footing EXHIBIT E SEP 2 2, 1998 One ,'nd Two Faraily Dwellings Stemwall Fooling STORY RESIDEN¢~ EXHIBIT £ AG E NDA_._I'T.~ M SEP 2 2 1998 One and Two Fami. ly Dwellings SCemwall FooU. ng IWO STORY RESIDENCE EXHIBIT F ~ ~.~ n AGEN( SEP 2 g 1998 NOTCHING AND ~ORED HOLE LIMITATIONS FOR EXTERIOR WAL{.S AND BEARING IfALLS. If (&ctu~{ width) / ' · k 4W h'o~: ~or~d holes shnll hal b~ loc~E ~ thc s~m~ scctio~ o~ cut BORING & NOTCHING OF STUDS, 1. "D" Equals ectual depkh o~ member In Inches. 2. 5/8 inches of wood require~ cn each aide cf hole. I-1/4 Inch of wo~2 requ[re~ o: each side cf hole for elect;i:a] ca2le~ or 1/15 Inch meLal ~Iate prcteztizr.. NOTCHING ~ ~ORiR'C OF JOISTS & RAETE~, ~:xi~um Not:k ~a~um ~ctch ~u~ Diameter ~cmber S/:e Er.d c~ l(em.~er Outer I/3 of ~;~ o~ HoI~ 2 x 4 7/8 9/16 Not Permitted 2 x 6 1-3/8 15/16 1-1/2 2 x 8 1-13/16 I-3/16 2-7/16 2 x lo 2-5/~ ~-9/~ ~-~/~6 2 x 12 2-13/16 I-7/8 3-3/4 1. "D" Equat~ ~cbuM depth er member Ia 2. Two (2) Iach~s o¢ wood must. be above ~nd belo~ hole. EXHIBIT C AOEND~A SEP 2 2 1998 NOTCHING AND BORED HOLE LIMITATIONS FOR NONBE^RINC WALLS. W (actual Top I~te ~ S~ud ~1' ~ distance min. D (actual BotLo~, platt Note: ~oced holes shall not be located in the same section of cut or notch in stud. BORING & NOTCHING OF STUDS, 2 x 4 ?/8 1-3/8 I-3/8 / 2-1/5 2 x 6 1-3/8 2-3/16 2-3/16 / 3-3/16 "D" Equals actual depth of ~ember In Inches. 5/8 Inches of wood required on each side of holc. ~-1/4 Inch of wood require" on e~ch side cf hole lot clec.n~, cables 1/i6 Inch m~t~l plate prote:tion. NOTCHING & BORING OF JOISTS & RAFTER, k(i xirn u rr,. Not. ch (t/4);3 × 4 ?/8 g/16 Not Permitted )' 6 I-3/8 15/i6 i-1/2 × 8 1-13/16 1-3/16 2-?/18 × 10 2-5/~6 l-g/16 x 12 2-13/16 1-7/8 3-3/4 Equals ac[ua} depth ol member In inches, T~o (2) Inches of wood musL be above and below hole, AGEN SEP 2 2 1'998 _ EXECUTIVE SUMMARY APPROVE THE RATE RESOLUTION TO ADJUST LANDFILL TIPPING FEES, RESIDENTIAL ANNUAL ASSESSMENTS AND COMMERCIAL WASTE COLLECTION FEES. OBJECTIVE: To gain Board of County Commissioners approval for a Rate Resolution to adjust landfill tipping fees, residential annual assessments and commercial waste collection fees. CONSIDERATION: Annually a Solid Waste Rate Resolution is brought forward to establish the updated rates to be charged for the new fiscal year beginning on October 1't. This rate resolution reflects a consumer price index increase of 1.21%. This increase has been applied to all current FY97-98 landfill disposal rates. No increase has been applied to the curbside collection fee portion of the annual residential assessment as per the franchisee's agreement with the Board to freeze collection fees for the remainder of the contract term (September 30, 200I). The disposal portion of the annual residential fee has been increased from $29.93 to $32.23. The $2.30 increase is due to the 1.21% CPI increase and a 6.14% increase of the per ton generation rate for residential units. Rates for franchise commercial activity have been increased by the 1.21% CPI as provided in the franchise agreement. The proposed residential rates are given below. The proposed commercial rates are included in the attached rate resolution. RESIDENTIAL COLLECTION AND DISPOSAL FEES (Includes Collection of Recyclables) Service Area Number One Curbside Twice/Week Present Rate Proposed Rate Collection $ 78.03 $ 78.03 Disposal 29.93 32.2:t Annual Fee $107.96 $110.26 Service Area Number Two - Immokalee Disposal Company Curbside Twice/Week Present Rate .Proposed Rate Collection $ 80.59 $ 80.59 Disposal 29.93 .32.23 Annual Fee $110.52 $112.82 SEP 2 2 lS98 P~.,, I LANDFILL TIPPING FEES: The CPI increase of 1.21% is also applied to landfill tipping fees. The proposed rates for disposal of materials at the Naples and Immokalee Landfills is provided below: Present Proposed Cateeor3, FY98 Rates Apr. 98 CPI. FY99 Rates General Wastes $26.32 per ton 1.2 I% $26.64 per ton Special Wastes C&D $21.06 per ton 1.21% $21.31 per ton Tires/Spieces $26.32 per ton 1.21% $26.64 per ton Whole Tires $89.50 per ton 1.21% $90.58 per ton Car/truck tires 15" or $1.00 per tire No Change $1.00 per tire smaller Car/truck tires 16" or $4.00 per tire No Change $4.00 per tire larger Biomass $14.22 per ton 1.21% $14.39 per ton Processed Biomass 2" $7.11 per ton 1.21% $7.20 per ton or less Clean Fill less than 6" No Charge No Charge in size Clean Fill greater than $4.21 per ton 1.21% $4.26 per ton 6" in size Special Waste I $131.61 per 1.21% $133.20 per incident incident Special Waste II $26.32 per ton 1.21% $26.64 per ton* Special Waste III $10.53 per item 1.21% $10.66 per item Transfer Station Fees Auto use less than I/2 $4.25 per car No Change $4.25 per car cubic yard Trucks/trailers more $8.50 per cu.yd. No Change $8.50 per cu.yd. than ½ cubic yard Car/truck tires 15" or $1.00 per tire No Change $1.00 per tire smaller Car/truck tires 16" or $4.00 per tire No Change $4.00 per tire larger *At twice base rate except sludge, at $20.00 per ton for Collier County Utilities. J SEP 221998 J ~'G. .,1 FISCAL IMPACT: The proposed increase will affect Mandatory Customers as follows: Sen'ice Area One Sen'ice Area Two 1998 Assessment Rate $107.96 $1 I 0.52 Freeze on collection rate .00 .00 CPI increase on disposal fee 2.30 2.30 1999 Proposed Assessment Rate: $110.26 $112.82 The $110.26 per residential unit fee in Service Area One is expected to generate revenue in the amount of $5.998,294 in FY 99 for account t/473-173411-343415. The $112.82 per residential unit fee in Service Area Two is expected to generate revenue in the amount of $430,640 in FY99 for account//473-173412-343415. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board of County Commissioners approve a Rate Resolution to adjust landfill tipping fees, residential annual assessments and commercial waste collection fees. SUBMITTED BY: .,, ,, ',':~- Date: David W. Russell. Solid Waste Director :: (". / APPROVED BY:""~:2': .... Ed llschner, Public Works Administrator / PUBLIC WORKS DIVISION RESOLL'TIO.X RESOLUTION SUPERSEDI.NG RESOLUTION 97-377 AND ESTAgLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACiLITiES ~=IL/RSUANT TO COLLIER COU,',ITY ORDINANCE NO 84.31 W'HEREAS. Thc Bc3rd of Count.' Comm~ssmners through CounlT. Ordinance No ~4.3 l has implemented file us~r fcc D'~em for ~lid ~aste to ~11 pubhc and pmalc u~ NOW. ~{E~EFO~. BE IT RESOLVED BY T}IE BOA~ OF COL~Y CON~IISSION~RS OF COLLIER COLd. f, ~OP. iD~. Iha: ~E~ON 1' R~lutmn No 9T.3?7 is h~rcb~ ~r~dcd m ils ¢ntlrc{~ ~E~ION 2' Thc follox~ng fit ~h~dulc ~ ~ppto~cd for all u~r~ of thc Colhcr CounD Solid All fees ~rc ~d on :cmficd ~al~ ~c~hL ~t tuN: ~arJ fo: er ~r ~rc f~c No rounding M~x~d loads cfS~omass ~land dcarm~, plan~ lnmmm~ and ~ras~ cut:m~s) ~nd ~vas~ ~hail no~ ~ acccp~c~ G~ncmlWas~s ~2664 ~on S~cial W~s~s ~21 3 l,'lon for Const~cuem~molmon D~bms $26 64aon for ur:s cut m~o g cq~l Cator~r~;kt:rts S~OGarc IC'orlargerswc~nochan~from Carortr~cktltts $I c,Oarc ~¢~c lra~lcr or hea~? ~qu~pmcn~ l~rc~ on ~: Ion bas;s cn'.> ~14 39'Ion for Biomass ~7 20qon for pr~¢sscd B~om~ss 2" minus m No charge fei dcm Fdl m.~ler:;d suitable as d;l~]~ coxcr Ic~t ll~.ln 6 roches tn ~cfinmon~ of S~cml S~c~al Waslc [ D~tcuh-lo-LandD ma:cn.fl rcgu;rmg prc.a:gcplance ~tc prcpnral~on (example S~c~al Wasle 1I Waste requmng s~c~al ac:ep~anc= pr~cdures, bul no s~::al s~te prcpa~uon T~c umcs 3pphcabic base ra~e. exce7~ s!t~dgz ,5 $2o r,o ~on for CoI:,c: Coun:> ~n~ll ~torkmg area and mus~ ~ remo~ ed b? conr~efor (example ~ he, lc t~res. *Hule g~s. lead-ac:~ bad,eries) Sl0 66 ~r ~ern SEP 221998 [ '~r;nsfcr Stntlon Fq¢$ tNo ~)~'Ln ,¢]~.~rg.m FY'),'{ R.31¢SL 2 4~.~ 2.%'usc/automobiles and station ',~3~ons both full.s~ze 3nd 3 Sg 50tcub~¢ yar~,t~ck$, lraflcr$. ~ans (~olumc rounded IO nearest ~ard) (more than ': cubic )3rdl 4 Car or t~ck lircs S4 ~),'tmr¢ 16' or ),lr~cr rm~ 5 Car or Imck I~rcs ~1 (K)/II[¢ ]~" Or s:~lllcr mn 6 ~r~c Imclor or hca~} cqmpmcm urcs accepted onb at landfill 7 RESIDENTIAt. COt. LECTION AND DISPOSAL FEES 9 ~c~'icc Area ~umher One: Curbsmdc B.lckd~r ~ackd~r 1 1 =Ann~{ F~ SI lO 2~, S 12 Semite Area ~umhcr T~(): Cu~s~dc Ba~kyard Coll~)on F~ S 80 59 $107,43 =Annul F~ S1 12 ~2 ~139 15 R~'chni Bm 16 · ' ~ch residential um~ ~s provided an mmal bm a~ no charge by thc Coun~ Replacement of b~ns due ~ 7 noel wear ~ill ~ provided b> thc Fr3nch)~c al no charge Io the ~cs~dcnual ual Un~'ic~ble b,ns must ~ prc~nlcd tn exchange for rcpl:);cn)cnt bas Rcpi.{ccmcn~ of bm. duc ~o loz' or ~cghgcn~c of thc ~ 8 ~c5~dcnlial unmt. to ~ ~ld for b) thc cuslomer 3~ a cost of $f (~) ~r bm 1 9 COMMERCI.AL COLI.ECTIO~ A~D DISPOSAL FEES 2 0 ~m~ A~ ~um~r On~ - Mandnto~ muh~-fnm~l> r~chn8 collect,on f~ ~s $ 92 ~r-umt ~r-momh 2 ~ ~cg Ar~ N'um~'[ Tx~0 . Nl:mdato~ muln-f;m.l> rc~dmg coliccuon fcc ~s g 95 ~r-unit ~r-monlh 2 2 ~m~!crc~n} Dt~'~l F~c Sec All:)chcd Schedules (4 pn~cs) · ~nchmcnt No I 2 3 ~~ Thc cffcctmve da~c of ll~s Resohmon shnll 24 Tlus Rcsolut.on adopted d.s .~n~ d:~) of ~cm~L lg')x after monom ~ond 2 ~ and majont) 26 A~EST. BOARD OF COU~'[Y COMMISSIONERS DWIG~ E BROCK. CLERK COLLIER COUNt'. FI.ORIDA 27 2 8 B> B~RBARAB BERRY CHAIRMAN 29 3 0 Approxed as ~o form and IcgaI ~2 Da~d C We gel. Co m5 SEP Atl.~chmcnt .No. I P.~:~¢ I of .I EFFECTP,'E DATE RATE SCIIEDULE FOR SERVIC£ AREA NO. WAST£ MANAG£M£NT 0F COLLIER CO L'.'",'TY, I.'";C: BULK CONTAIN£R CO.MM£RCL&L RATES R,-~ ,T~_ P_F.R ~I,0 N'TH EXTRA CONTAIN'ER SIZE FREQ COLLECTION DISPOSAL TOTAL SERVICE PER WEEK 2CUYD J $ 67gi 1277 3 1.13 10 38 32 fSI 42 PER PICKL~ 4 205 09 51 I0 25619 5 213 ';6 63 8' 27~ 63 6 250 26 ')'6 65 .326 91 4 CU,Y'D. I $ 8690 2555 11245 2 161 06 .~1 10 212 16 $:506 ~ 2la 33 76 65 290 9g PER PICKUP 5 33713 127 '5 6 408 95 153 30 562 25 6 CU.Y'D I S 125.70 38 32 164 02 2 199 2' 76 65 ~ 308 75 114 98 .~23 73 PER PICKL'P 4 3'77 67 153 30 530 97 5 488 30 191 63 6'9 93 6 567 65 229 9.1 ~97 59 8CUYD 1 S I-C.~ 51 l0 2 25~ ~ 102 21 3 339 t-~ 153 30 512 4.~ PER PICKUP 4 .1'2 65 204 39 6?7 04 6 69';37 306 60 1.0~3 97 Attachmcnt No. ] pa~¢ 2 of .l EFFECTIVE DATE RATE SCHEDULE FOR SERVICE AR£A NO. ! 10/119§ ~,?ASTE MANAGEMENT 0F ~OLLIER ~OUNTY. BULK COMPA~OR COMMERCIAL ~TES RS~ PER McJx~l E~ CONtAINeR S~E ~EQ COLLE~ION Di~SAL TOTAL SER~CE PER 2CUYD 1 S 11~6 T625 18901 ~. ~ 9~ ~9 ~5 3 302.76 210 =9 513 55 PER PICKL~ 4 301 3~ 28105 ~g2 39 5 3t~g3 351 35 652 18 6 360 80 a21 59 782 39 aCUh~ I S 210 13 11055 35068 2 37u 15 28105 ~020 $75 ~0 3 512 56 421 59 93~ 15 PER I 647.~2 562 11 1.209 56 5 ~81 75 70263 1.18138 6 91782 8~3 18 1.761 ~ 6 CU.h~. I $ 3~40 21079 517.19 2 Ill 88 ~21.59 863 ~7 ~113.3~ 3 713 13 63239 1.31552 PER PICKL? ~ 83203 843 18 1.675.21 5 1.116 31 1.05397 2.1~0 28 6 1.321 18 1.264 ;7 2.589 25 8 CU h~, I $ 33104 281 05 61509 2 565 9~ 562 14 1.128 0S $139 3 79683 8~3 lg 1.61001 PER PICKL~ I 1C29 19 1.124 23 2.15312 5 1.259 8S 1.405 32 2.665 20 6 l.lq3 51 1.686 37 3.179 88 Rcs~an Fee. S5' 93 SEP 2 l' g8 PC,. 7 Attachment No. 1 P.~=¢ 3 of ,I EFFECTIVE DATE RATE SCIIEDUI. E FOR SERVICE AREA NO. 1 10/l./gg 'sV-%$TE .%IANAGE.%IENT OF' COLI.IER COUNTY, IN'C. ROLL-OFF SERVICE- REGULAR CO.~I.~IERCU~L CUSTO~IERS EQU~PNIE~ $[~ MQ~Y EQUIP~IEN~ CHARGE ttAVL CH.~ 20 CUbiC Y~ S S6 93/CONTAINER SS6 93 · 139 07~O~' 30 C%~[C YA~S $ 9S 52/CON~AIN~R $S6 93. 139 0;~OAD' 40 CUBIC Y~S ~110 lo:COntAINER S~6 9) · 139 07,LOAD' · Vanes depending on disunce from d~spo~l silc Roll.oK talcs do not include disposal charges Reinstatement charge for sus~nd:d s~n'~¢ clue to non-p~>ment - $$7.9.~ p~r suspension R~creatiorml xch~cle parks, mobile home p.~rks and mobile home subdivisions tidal con~rac~ curb~ide s~n'ic¢ shall pa> th~ commcrc,al standard conlmncr tale muh,ph..'d by ~hc numl:,cr of r:n~;~ c: ind~x~du.'ql>'-ox~mecl recreatmnal vchl:lcs or mobile homes ~ithin such p~rk(s) or sutxhvisioP, s Attachment ,No. 1 Page .I of 4 EFFECTIVE DATE RATE SCIIEDt'LE FOR SER~,1CE AREA NO. 10/I/9~ IMMOK&LF.E DISPO$.-~L $£RVICE COMPANY BULK CO,NTAI.','ER CO.MM ERCIAt. RATES P~'S,T~· PE.R ~IO~'TR EXTRA CON'TAI'NE~ SIZF FREQ. COLLECtiON DISPOSAL TOTAL SERVICE PER WEEK 2 CU.YD. ! $ 52 15 12.12 6457 2 101 99 2.1 ~5 126 84 $13 06 :, 12= 49 3' 2' 1,'4 7t', PER PICKLT 4 136 45 49 ~r) 206 15 $ I;963 62 6 197 01 7 ' 271..% 4 CU.~) I $ 81 Id· 24 $5 10599 2 150 67 49 70 200 37 $36.09 3 214 39 74 55 28S94 PER PICKL~ 4 272 32 99 5 324 4'/ 124.25 448.'/2 6 370 83 149.10 519.93 6 CU.~'D I $ 14.187 3~2'~ 18214 2 214 39 3 2~8 12 I11 83 ]89 95 PER PICKLT 4 33606 149 10 485 16 5 383 22 186 38 57460 6 434 ~5 223 64 658 19 Rest,an Fet: $57.95 SEP ? 2 EXECUTIVE SUM34ARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 1997-98 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 1997-98 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 1997-99. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries which were previously considered and approved by the Board contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 1997-98 adopted budget. Prepared by: ~ ~ -'(~'~ Date: q "/5"- ~d° Michael Smykowski, OMB Director September 14, 1998 Approved By: Date: Robert F. Fernandez, County Administrator September 14, 1998 AGENDA ITEM No. SEP 2 2 1998 Pg._ / COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1997-98 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on September ~_,'~'~ 1998 at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier Count}, Government Center, 3301 Tamiami Trail East, Naples, Florida. A cop}' of the proposed Budget Amendment Resolutions and backaround material will be available for public inspection on weekdays bem,'een 8:00 AM and 5:00 PM '~t the Office of Management and Budget. 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk Board of County Commissioners Collier County Florida Barbara B. Berry, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-010 115 Sheriff's Grants 140,850 335,550 PURPOSE: To recognize Habitual Offender grant award. 98-011 115 SherifF's Grants 56,585 392,135 PURPOSE: To appropriate Street Gang Prevention grant. 98-0.33 I01 Road & Bridge 0 7,688,900 PURPOSE: To appropriate FDOT sweeping and mowing contracts, offset by decreasing General Fund transfer. 98-036 .325 V','ater Management Capital 1,05.3,600 7,292,800 PURPOSE: To appropriate carr2,.,forward for projects not completed in FY 97. 98-0.37 408 County Water/Sewer District 239,000 51,457,700 PURPOSE: To appropriate carry, fonvard for heavy equipment purchases. AG£ND~ ITEM SEP 2 2 1998 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-050 115 Sherifffs Grants 133,550 525,685 PURPOSE: To recognize DUI enforcement grant. 9S-051 192 Public Guardianship 58,500 58,500 PURPOSE: To establish the Public Guardianship program. 98-055 510 Department of Revenue 15,000 2,470,900 · PURPOSE: To appropriate carryfo~ard for a new ambulance billing system. 98-065 410 County Water/Sewer Debt Semice 9,241,947 31,795,247 PURPOSE: To recognize State Revolving Loan proceeds in the debt service fund. 98-067 414 County Sewer Capital Projects (1,531.691) 8,059,409 PURPOSE: To recognize loan proceeds for the required plant expansion and adjust carr'yforward. 98-068 3,731 Countywide Facilities Capital 441,211 33,556,211 PURPOSE: To recognize funds to complete various facilities capital projects that were not finished in FY98. 98-069 496 Airport Authority Capital 80,000 1,997,600 PURPOSE: To appropriate funds for the obstruction removal project at the Everglades Airpark. 98-070 496 Airport Authority Grants 200,000 2,197,600 PURPOSE: To appropriate funds for the obstruction removal project at the Immokalee Airport. 98-071 496 Airport Authority Grants 160,000 2,357,600 PURPOSE: To appropriate funds for the Scrub Jay Plan Implementation Project. $£P 2 2 19 8 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-072 496 Airport Authority Grants 198,000 2.,555,600 PURPOSE: To appropriate funds for the 'contaminated soil removal project at the Marco Island Executive Airport. 98-073 104 MSTD Road District 3 391,400 1,578,000 PURPOSE: To appropriate carryforward to construct an upgraded lighting system on U.S. 41. 98-074 102 MSTD Road District 1 58,900 908,200 PURPOSE: To appropriate carryforward to construct an upgraded lighting system on U.S. 41. 98-076 602 Confiscated Property/rust Fund 57,575 372,975 98-077 602 35,800 408,775 98-078 602 37,300 446,075 PURPOSE: To appropriate confiscated property proceeds for equipment and a vehicle. 98-081 001 General Fund 2,819 118,494,319 PURPOSE: To recognize insurance settlement to purchase a PC workstation. 98-083 I01 Road & Bridge 0 7,688,900 PURPOSE: To appropriate land lease revenue, offset by decreasing General Fund transfer. 98-094 156 Immokalee Beautification MSTU 478,390 838,590 PURPOSE: To appropriate carryforward to construct the Immokalee Downtown Street.scape. 98-100 I II MSTD General 195,000 14,986,700 PURPOSE: To recognize funds for audio video improvements to the Board Room for Channel 54 broadcast and production capabilities. AGENDA IT~ NO,_ I/ 2_ "~' SEP 2 2 1998 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-111 495 Collier County Airport Authority 2,308 1,330,208 PURPOSE: To appropriate insurance funds needed to proceed to repair the security fence at the Marco Island Airport. 98-I 12 496 Airport Authority Capital 90,000 2,645,600 PURPOSE: To appropriate loan proceeds for terminal building improvements. 98-114 001 General Fund PURPOSE: To recognize grant funds needed to 900 118,495,219 purchase additional supplies for the Emergency Operations Center. 98-119 522 Motor Pool Capital Recovery, PURPOSE: To recognize insurance proceeds 17,350 2,300,150 to replace an an~bulance declared a total loss from an accident. 98-125 115 Sheriff's Grants PURPOSE: To recognize grant funds used 231,200 756,885 in a stop violence against ',','omen program. 98-127 123 Ser~'ices for Seniors 8,753 8,753 98-128 123 157,979 166,732 PURPOSE: To recognize funds needed to provide in-home support services for lox,,, income frail elderly residents of Collier County. 98-138 602 Confiscated Property Trust Fund 84,922 530,997 PURPOSE: To recognize confiscated proper-ty proceeds to fund grant material for Stop Violence Against Women Programs. 98-141 313 Surplus Gas Tax Road Construction 2,997,415 21,781,815 PURPOSE: To appropriate carryforward for gas tax funded road projects. AGEND4 ITEM - No. SEP 2 2 1998 Pg._. _~ Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-142 331 Road Impact Fee District 1 2,009,944 10,909,744 98-143 333 Road Impact Fee District 2 733.135 6,598,735 98-144 334 Road Impact Fee District 4 95,504 1,899,504 98-145 336 Road Impact Fee District 6 889,597 3,512,597 98-146 338 Road Impact Fee District 8 421,635 1,865,035 98-147 339 Road Impact Fee District 9 47,829 579,829 98-148 340 Road Impact Fee District 10 33,888 92,588 PURPOSE: To appropriate carD'forward in various impact fee supported road capital funds. 98-162 681 Courts Services 3,089,200 3,089,200 PURPOSE: To establish a separate fund for Court Services. 98-169 496 .Airport Authority Capital 183,400 2.829.000 PURPOSE: To appropriate carD'forward for Manufacturing incubator project. 98-t97 192 Public Guardiansh;~., Trust Fund 45,100 103.600 PURPOSE: To re:ognize funds to pa.',' Guardian fees for the remainder of FY 98. 9S-199 131 Nlarco Island Beautification MSTU 38.000 703.100 PURPOSE: To appropriate carD.forward for the costs of median watering and purchasing replacement palm trees. 98-___ 118 Emergency Management Grants 108,000 253, 100 PURPOSE: To appropriate grant funds to develop a local mitigation strategy 98-_.~8 q 10 Department of Revenue 15,000 2,485.900 PURPOSE: To appropriate General Fund transfer for interim government ser,.'ices fee study. 98-236 306 Parks Lmprovement CIP 0 1,484,7Q0 PURPOSE: To recognize grant proceeds for the Lake Avalon capital project, offset by reducing carr?'forward. A~3END~ ITEM No. ' '2 ~'v' S £P 2 2 1998 Amend. Fund Change Fund No. No. Fund Title Amount Total 98-239 136 Golden Gate Beautification MSTU 13,000 295,700 PURPOSE: 'To appropriate cam. florward for contract administration for the CR 951 median improvements. 98-245 134 Victoria Park Drainage 3,400 I1,400 PURPOSE: To recognize carryforward for additional storrnwater pumping station expenses. 98-246 154 Hawksridge Stormwater MSTU 1,600 12,300 PURPOSE: To recognize caro. forward for additional storrnwater pumping station expenses. 98-248 130 Golden Gate Community Center 10,000 675,000 PURPOSE: To recognize contribution for the Midnight Basketball" program. 98-249 140 Pine Ridge Industrial Park 1,200 29,500 PURPOSE: To recognize carrvforward funds being placed into reserve~. 98-250 001 General Fund 48,412 118,543,63 ! PURPOSE: To recognize Sate ,Aid to Libraries used for automation improvements. 98-251 001 General Fund 11,200 I18,554,831 PURPOSE: To recognize funds for park improvements from the revenue received from Pr/meCo lease agreement. 98-.:>_ 001 General Fund 14,690 118,569,521 PURPOSE: To recognize contribution to build a botanical garden at Sugden Park. 98-_..~ 001 General Fund 20,400 118,589,92 I PURPOSE: To recognize donations for park improvements and scholarships for youth programs 98-256 373 Isle of Capri Fire Impact Fee ,~-, PURPOSE: To 'establish a budget for new -.~,700 23,700 fire impact Fees. No. /? ,q,' 5EP 2 2 1998 Amend. Fund Change Fund No. No. Fund Title Amount Total 98-257 372 Ochopee Fire Impact Fee 23,700 23,700 PURPOSE: To establish a budget for new fire impact fees. 98-260 490 EMS 18,800 8,020,400 PURPOSE: To recognize fire district participation in the first responder program. 98-261 116 Miscellaneous Grants PURPOSE: To appropriate donations received 3,000 56,800 for volunteer programs. 98-262 116 Miscellaneous Grants PURPOSE: To appropriate carryforward I, 189 57,989 revenue into reserves. 98-264 612 Libra. o,' Trust Fund 9,100 38,300 PURPOSE: To recognize contribution used to purchase a microfilm reader-printer. 98-266 414 Utilities Wastewater Capital 1.309,800 9,369,209 PURPOSE: To appropriate carryforv~'ard of projects expenses, with remaining balance into reserves. .8-~-6/ 413 Utilities Wastewater Capital 3.555,800 35,.~24,200 PURPOSE: To appropriate can3'fonvard of projects expenses, with remaining balance into reserves. 98-268 412 Utilities Water Capital 3,106,600 16,754,300 PURPOSE: To appropriate carryforward of projects expenses, with remaining balance into reserves. 98-269 411 Utilities Water Capital 1,620,600 22,032,300 PURPOSE: To appropriate carryforward of projects expenses, with remaining balance into reserves. 98-270 325 Water Management CIP 28,000 7,320,800 PURPOSE: To adjust the budget based on FY 98 forecast revenues and expenses. AGENDA ITEM '0'_.._ S EP 2 2 1998 Pg. ? Budget Amend. Fuud Change Fund No. No. Fund Tide Amount Total 98-273 001 General Fund 1,187 118,542,696 PURPOSE: To recognize insurance proceects to replace a stolen computer. 98-278 602 Confiscated Property Trust Fund 57,575 588,572 PURPOSE: To recognize funding for the Law Enforcement Family Support Initiative. 98-293 114 Pollution Control and Prevention 108,230 1,726,530 PURPOSE: To appropriate carD,fonvard for lab improvements, equipment, and the balance to reserves. 98-297 602 Confiscated Property Trust Fund 140.691 729,263 PURPOSE: To recognize confiscated property revenues and place into reserves. 98-299 I 15 Sheriffs Grants 26.,530 783,515 PURPOSE: To recognize the Street Gang Prevention and Apprehension Pro.am grant av,'ard. 98-30l 126 MPO 349,700 449,700 98-302 126 100,000 549,700 PURPOSE: To recognize an MPO Grant Planning Program Budget for State Fiscal Year (FY) July 1, 1998 - June 30, 1999. 98-311 001 General Fund 20,000 118,609,921 PURPOSE: To recognize funds contributed towards the construction ora new Coast Guard facility. 98-313 115 Sheriffs Grants 52,287 835,802 PURPOSE: To recognize the Serious Habirua[ Offender Comprehensive Action Plan (SHOCAP) Award. 98-316 118 Emergency Services Grants 71,800 324,900 PURPOSE: To recognize grant funds for the purchase of a radio transmitter. AGENDA ITEM SEP 2 2 1998 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-318 313 Road Construction - Gas Tax CIP 52,287 21,834,102 PURPOSE: To recognize reimbursement by Sprint for work by County as part of the Rattlesnake .Hammock Road construction contract, 98-337 001 General Fund 110,000 118,719,921 PURPOSE: To recognize reimbursement revenue generated from special service projects. 98-340 314 Museum Capital 6,200 85,800 PURPOSE: To recognize funds needed to complete the Museum of the Everglades. 98-351 431 Marco WateffSewer District 311,000 1,128,800 PURPOSE: To appropriate carryforward to redeem outstanding bonds. 98-358 192 Public Guardianship Program 9.000 112.600 PURPOSE: To recognize funds needed to cover ~ardianship costs for the remainder of the fiscal year. 98-367 001 General Fund 1,520 118,721,441 PURPOSE: To recognize contribution to install a radio antenna on the County's radio tower. 98-381 001 General Fund 6.015 118,727,456 PURPOSE: To recognize funds from an insurance claim to replace damaged coin changers and a beach wheel chair. 98-393 123 Collier County - Services for Seniors 270,372 437,104 98-394 123 505 437,609 98-395 123 29.441 467,050 PURPOSE: To recognize funds for in- home support services for frail low-income elderlv residents of Collier Count',,. 98-403 470 Solid Waste 29,441 20.371,741 PURPOSE: To additional appropriate tipping fees to fund contract payment for waste processing at the Immokalee landfill. AGENDA ITEM No. "? ~'~ SEP 2 2 19 8 .................. , ,,,, i~ ..................... IIIIIIII IIIIII I ............ I Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 98-404 4 70 Solid Waste 853.700 21,225,441 PURPOSE: To appropriate additional tipping fees to fund contract payment for waste processing at the Naples landfill. 98-413 001 General Fund 1,850 118,729,306 PURPOSE: To appropriate an insurance settlement to replace a computer stolen from Domestic Animal Services. 98-429 198 Museum 29,400 411,600 PURPOSE: To recognize additional tourist tax revenue. AGENDA ITEM No._.._Z ."2?_Lk_~ ' SEP 2 2 1 I98 Pg.........~~ RESOLtVI'ION NO. 98-BAR-I A RESOLUTION PURSUANT TO SECTION 129.0612}, FLORIDA STATUTES, TO AMEND TIlE BUI)G E'I' FOR Tile 199~/9g FISCAl, YEAR. WItEREAS. Scc~on 129 oo(2L Flo~da S~alulcs. prm idc~ d~al U~c Board of Crumb Commlssioncr~ Ihcrcinattcr thclclot. WtIE~AS. thc Bo~d tcsolmion pursuant NOW.~IER~FOKE. BE IT ~ESOLVED BY TIlE BOARD OF COUNTY COM~llSSlONERS OF COI.I. IER CUUN l"f. FLORIDA. Ih]l the budge1 ~tllClldlllClJt~ lO Iht Jq'l%')~ FY Budgcl dcsaibcd bchm ;uc ;~ppm~ L~ and he, cb) ndopicd add thc 1997/98 FY Budgcl is so INC IDEC CARRY FORWARD INCREAS[ BUDGET OR INCREASE INCREASE INCREASE ID~CREAfiF~ AMENDMENT INI~RFUND {DECREASE~ IDECREASE~ tDECREASEt IN'I'EREt ~ND FUND NUMBERS ~ RANSFERS RECEIPr EXPENDITURE RESERVES ~RANSFERS 115 9~-o11~ $14,I.g5o $14o.~5 115 98-oll 5(,.585 lh l t~'8-() _'; 3 I28.Su~D 325 98a)36 981 6o~ 72.1 i,~ l.ot5.6oo 4D8 ~-tl17 219 ~ ~ u 239.0uo 115 98~50 I~ 55t 133.55~ 192 98-051 30,IIOO 28 ~{ 47,1g~O I 510 9~55 151OO 410 98'~)65 9.241.947 8.~.235 2(,a.~12 4J4 98~~ (].531,421) 3OI 98-~8 441.211 14~.42u 291.T91 ~'~, 98-070 2lJJ aJl~ v~6 .).-ov~ mu,,,o ~., ~,~, (.t,.ou. AGENDA ITEM ~96 984}72 198.0oo ] SEP 2 2 1998 INC (DEC) CARRY FORWARD INCREASE BUDGET OR INCRE ~,SE I NURI'.'AS E INCREASE d~IX'REASI:~ AMENDMENT IN~RFUND (DECRE..tSE~ ~DE('REA~E~ IDECREA~E) INI'ERFIT~I) FL ND NUMBERS ~RANSFERS ~ECEIt'[ EXPENDII UR~ RESERVES I RANSFERS . lul 9x41X~ {2,1'~U 2.1r~t 123 98.127 I.lu2 7l(,5 I 123 9g-12~ 29.7R 12g.217 (,(Q 9x-I~ ' ~ 27 122 313 98-141 2,977.415 1,6(~),442 I, 331 98-142 Luug.g44 1,526.773 333 98-143 733,135 671.372 61.7~ x 334 98-144 95.5()4 95 5 4 336 9~-145 889.717 ( 1.173. }()I)) 2.136.976 338 t/g- I ~6 421,635 7( 514 145,1t~1 339 98- }47 47,829 47.829 340 98;148 33.888 33,03U 681 q8.1(,2 3,089 20 i 3, ~8'1 2 i~ 496 9g-169 I M3.4{)1) I '){},{~}1) 192 9~-197 45.11}{; 3(,.ll}l~ 131 98-1~g lg ) I} 63.1llil 125U~ 3t}6 9g-2~6 ( I{ll}.l}()OI If)O, ~ ( NO. / 2 - INC (DEC') CARRY FUI~,WAI~I) Ir,( RI' '~<1 BUDGET 01~, INCREASE INCREASE IN('RI!AfiE IDIX'RItA~V~ AMENDMENT INIERFUND IDIX'REASE) IDECREAfiE~ ~[;EL REASE~ IN Ii.I(FUND FUND NUMBERS 2RANSFER5 RECEIPT EXPENDITURE RESERVES TRA%(/ER5 I.IH '.1'1 1.2'm Iv~l . '~-25o 4R,412 4lq.412 I t6 9~-2(,l l/,.i 6J2 9g.2()J I1, J()~l q. JlliJ 412 9~.2(,8 3.1u67.? 4 I J 98-269 J .()2ll.(,I)l) 325 98-270 ( 12 I,]IIU) () ~.3110 001 9~-11] 1,1~? 1,1~ 6(12 9~-~91 14O.69 I 140.69 I 115 0~-299 6.658 19.972 26.610 ] 26 98-3ul 349,700 349.700 126 08-302 I {Rl,(~ll} 0{} I 98-31 I 2u.Oo{} 60.01~1) 115 98-313 15.338 46.012 61.35o I 18 98- 316 71.80o 313 98-318 52~s7 52,287 ~,~] '~-~* ~](, ,,~ ~t u,,,, AGENDA ITEM - 3 14 98-140 6.200 6 21 ~) NO.~ SEP 2 2 INC. tDl' CAf, i, ',, I:DR ~V AI~,D IN( '}H!ASli BUDGET OR IN('R EAS['~ INCRI~ASE INCIUT,\S[:. AMENDMENT IN1ERFUND ~DECREAS[D IDECREASE~ (DECREASE~ IN I EP, FI:NI~ FUND NUMBERS 'IRANSFERS REC[tlP f EXI'ENUI I UR[~ RESERVES BE IT FURTHER RESOLVED dial d~¢ Clerk is hereb.', ordered ,'md directed to spread dfis Resolution in full among the minutes ef this meeting for pemkanent record in his office This ResoluUon adopted after motion, second .'md majofiD xol¢ tip, oriug sam~ DATED. A'I"I'EST BOARD OF COUNI'Y COMMISSIONERS DWIG}tT E BROCK. Clerk COLLIER COUN1W. FLORIDA B} B.~ DEPUTY CLERK BARBARAB BERRY, CItAIRMAN Approved as to form and legal sufficicu.:~. Collier Count.', Attorney AGENDA ITEM NO / ') SEP 2 2 1998 I p~,,, / 3' I