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Agenda 03/25/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 25, 2003 8:00 a.m.* CLERK TO BOARD 4TM FLOOR FP:3 IND: I CV:0 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. THERE WILL BE NO LUNCH RECESS. MEETING IS ANTICIPATED TO END AT 1:00 P.M. 1 March 25, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. February 25, 2003 - Regular meeting C. February 28, 2003 - Workshop (Ex SERVICE AWARDS PROCLAMATIONS A. Proclamation to observe April as Sexual Assault Awareness Month. To be accepted by Jamie Wills, Victim/Advocate Counselor and Elizabeth Knake, Executive Director. Proclamation to designate the month of April as Conservancy Volunteer Month. To be accepted by Kathy Prosser, President and CEO of the Conservancy of SW Florida. Proclamation to proclaim April 5, 2003 as Great American Cleanup Day. To be accepted by Denise Kirk, Water Reduction & Recycling Manager and Barbara Lee from the Solid Waste Management Department and Adopt a Road Program. 5. PRESENTATIONS Recommendation to recognize Kim Hadley, Environmental Specialist, Environmental Services Department, as Employee of the Month for March 2003. B. Presentation by Keith Arnold, Florida Lobby Associates, to present update on the current legislative issues affecting Collier County. 2 March 25,2003 PUBLIC PETITIONS A. Public Petition request by Mr. Christopher Fowler regarding Special Land Use Permit to operate remote control car races. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Request the Board adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for amendment to Exhibit A to delete Grey Oaks Development from the boundaries of the district, providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay MSTBU Advisory Committee. B. Reconsideration of discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Halas.) C. Discussion regarding Hideaway Beach December, 2002 Renourishment Project. (Commissioner Fiala.) 10. COUNTY MANAGER'S REPORT This item to be heard at 11:00 a.m. Review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2003 in accordance with Ordinance No. 2001-55, including the Golden Gate Community Center Advisory Committee, the Immokalee Enterprise Zone Development Agency, the Library Advisory Board, the Pelican Bay MSTBU Advisory Committee, and the Tourist Development Council. (Winona Stone, Assistant to the County Manager) 3 March 25, 2003 Adopt a Resolution to correct a Scrivener's Error in the Order of taking entered by the Court on April 5, 2000 in the Case of Collier County v. Northside Construction, et al, for the Condemnation of Parcel 110 for the Pine Ridge Road Project (Project No. 60111). (Heidi Ashton, Assistant County Attorney, County Attorney's Office) Approve an Amendment to the Original April 10, 2001, and previous July 30, 2002 Amendment to the Florida Department of Environmental Protection Consent Order related to various Wastewater Projects, 73077, 73158, 73164, 73949, and 73950, at no additional cost. (Jim DeLony, Administrator, Public Utilities) Do Recommendation that the Board approve $192,000 in legal support to be performed by Carlton Fields under the existing Continuing Services Contract for Contingent Growth Management Services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process and Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and to apprise the Board of the Work Program for Development of LDC to implement the Final Order Amendments to the GMP. (Joseph K. Schmitt, Administrator, Community Development) Adopt a Resolution opposing any proposed changes to Florida Statutes that will diminish any authority of any Local Government to regulate any Telecommunications Facility except to the extent necessary to facilitate the E911 Program at the specific site of the E911 Telecommunications Facility. (Bleu Wallace, Director, Community Development Environmental Services Operations) Approve the borrowing an additional $4.5 million to bring the total to $8.0 million to complete the building expansion of the Community Development and Environmental Services Division's Offices and Construction of the associated parking garage and the borrowing of $2.3 million to fund the replacement of the Division's Business System. (Joseph K. Schmitt, Administrator, Community Development) That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2004. (Michael Smykowski, Director, Office of Management and Budget) 4 March 25, 2003 Approval of a request by the Public Vehicle Advisory Committee that the Board adopt a Resolution authorizing a temporary fuel cost surcharge to allow taxicab drivers to recover some costs of the recent increases in motor vehicle fuels. (Michelle Arnold, Staff Liaison, Community Development) Request by David Reinersten, representing Southern Extreme Water Ski Team, to waive fees in the estimated amount of $2525 for a Regional Water Ski Tournament to be held at Sugden Regional Park, June 20 to 22. (John Dunnuck, Administrator, Public Services) Accept a Grant Agreement from the South Florida Water Management District in the amount of $54,000 and authorize a Code Enforcement position for enforcement of the Boards' Irrigation Ordinance. (Jim DeLony, Administrator, Public Utilities) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT A. Proposed Resolution opposing Senate Bill 1462, which exempts certain construction and demolition debris from Solid Waste Regulations. 13. OTHER CONSTITUTIONAL OFFICERS For the Board of County Commissioners to provide funding for a mid-level accountant in the office of the Clerk of the Circuit Court and to direct staff to provide to the Clerk's Office copies of draft executive summaries and supporting documentation at the time they are submitted to the Budget Office for review. 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 5 March 25, 2003 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Award of Contract #03-3456 for Professional Engineering Services for Engineering Analysis and Rate Testimony for Orangetree Utilities pursuant to Ordinance No. 96-6, as amended, in the amount of $77,194. 2) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1995-406 styled Board of County Commissioners Collier County, Florida, vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 3) Review Tourist Development related advertising and promotion invoices, determine expenditures serve a Public Purpose, approve appropriate invoices for payment directly to vendors in the amount of $14,067.97 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857 as recommended by the Tourist Development Council. 4) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1992-23 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 5) 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-520 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-169 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-195 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 8) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-21 styled Board of County Commissioners Collier County, Florida vs. Donald Saporito regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Pelican Marsh Unit Twelve". 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Kathleen Court". 11) Code Enforcement Lien Resolution approvals. 12) Recommendation to approve a contract with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection (FDEP) as a single source vendor for Second Order Vertical Control established through Golden Gate Estates, in the amount of $55,049. 6 March 25, 2003 13) 14) 15) 16) 17) 18) 19) Approval of Allocation of Funds from the respective Impact Fee Trust Funds in the amount of $4,721.59 for litigation related expenses, as authorized by the Collier County Consolidated Impact Fee Ordinance, 2001-13. Award of Bid #03-3479 in the not to exceed amount of $50,000 for construction of an artificial reef. Approval of one (1) impact fee reimbursement of $525.00 due to Building Permit cancellation. Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's Garage and Office Building. Approval of a Resolution requesting an increase to the maximum home sales price ($150,000) in Collier County for all Florida Housing Finance Corporation (FHFC) Programs. Approve Budget Amendment transferring remaining $491,225 from "Remittance to Private Organizations" line item to "Other Contractual Services" line item in the Tourist Development Tax Fund 194 (Advertising/Promotion) to establish operating budget for the newly formed Tourism Department. Approval of two (2) Impact Fee reimbursements totaling $13,833.64 due to building permit cancellations. B. TRANSPORTATION SERVICES 1) That the Board of County Commissioners approve a Work Order under Contract #01-3290 to Wilson Miller in the amount of $106,000 and a Budget Amendment for the Forest Lakes MSTU for the purpose of producing a Drainage and Roadway Improvements Master Plan within the Forest Lakes District. 2) That the Board of County Commissioners approve the Budget Amendment for the Radio Road Beautification MSTU for the purpose of reapportioning the adopted budgeted funds to maintain Devonshire Boulevard Landscaped Improvements in the amount of $45,000. 3) Approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the Beautification Enhancements to the Haldeman Creek Bridge on Bayshore Drive. 4) Approval of the design for bus stop shelters and the proposed locations on the Purple Route of the Collier Area Transit (CAT). 5) Approve Work Orders to McGee and Associates, in the amount of $23,490, Contract #00-3131 for Landscape Architectural Services of 1-75/Golden Gate Interchange Project. 7 March 25, 2003 6) 7) 8) Approve a Property Transfer and Construction Agreement with the Estates at Twin Eagles, Ltd., for conveyance right-of-way and other easements and construction of a wildlife crossing. (Fiscal Impact: A savings of not less than $59,400) Approve Memorandum of Agreement between the State of Florida Department of Transportation (FDOT) and Collier County to authorize the transfer of responsibilities for review and approval of drainage permits on State roadways from FDOT to Collier County. Approve County Incentive Grant Program (ClGP) Amendment Extension for Livingston Road from Pine Ridge Road to Immokalee Road (FM ~,10003 I 54 01) Project #62071. C. PUBLIC UTILITIES 1) Approve withdrawal of the Permit Application for Hideaway Beach Access Improvements (Tigertail to Hideaway Connection), Project 90511. 2) Approve Work Order HM-FT-03-01 to Hole Montes, Inc., for Professional Engineering Services related to Raw Water Booster Pumping Station Performance Testing and Operation and Maintenance Manual in the amount of $24,740, Project 70057. 3) Approve a Change Order for an additional $7,631 in consulting fees to Public Resources Management Group (PRMG) for the Collier County Water-Sewer District User Rate Study. 4) Approve a Work Order for a video through Survey of Vanderbilt and Naples Beaches as required by the Rock Removal Plan, Project 90507, in the amount of $27,925 (Contract Number 01-3271-Fixed Term Professional Engineering Services for Coastal Management Projects). 5) Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. 6) Award RFP #02-3356 - Special Assessments System Programming, approve contract negotiations and authorize Chairman to sign a contract with DUA Computer Resources Inc., in an amount not to exceed $143,500 and approve a budget amendment. 7) Approval to terminate the January 2, 2001 rental of two (2) Pitney-Bowes Documatch Integrated Mail Systems and approval to rent two (2) new Pitney-Bowes Documatch Integrated Mail Systems to commence October 1, 2003. 8) Approve Work Order #UC-020 with Kyle Construction Inc., in the amount of $187,600 for work associated with the Price Street Water Main Assessment Project. 8 March 25, 2003 9) Approve Work Order WM-FT-03-03 to Wilson Miller, Inc., for Professional Engineering Services related to North County Regional Water Treatment Plant Reliability Assessment and Maintenance Agreement System in the amount of $48,000, Project 70094. PUBLIC SERVICES 1) Approve the Summer Food Service $461,600. Program Grant in the amount of E. ADMINISTRATIVE SERVICES 1) Approve Change Order No. 1, Phase 2, Amendment No. 1 for Architectural Services for the design of the Courthouse Annex, Contract 00-3173 in the amount of $69,716. F. COUNTY MANAGER 1) Approve Ochopee Fire Control District's Application for a Matching (50~50) Grant offered by the Florida Division of Forestry in the amount of $4,230 and approve the necessary budget amendments. 2) Recognize and appropriate Isles of Capri Fire Control District Protective Inspection Fee Revenue in the amount of $26,000 by approving the necessary Budget Amendment. 3) Approval of Budget Amendment Report-Budget Amendment #03-221 for $41 to balance the Vanderbilt Area Study project in the SAP System. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve a document for Seventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2) Recommend that the Board of County Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department 9 March 25, 2003 3) of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept Grants when awarded and approve applicable budget amendments. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2"d Floor, W. Harmon Turner Building. K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 178 in the Lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al, Immokalee Road, Project No. 60018. 2) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 181 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). 3) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 186 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 174 in the Lawsuit styled Collier County v. Michael S. Combs, et al, Case No. 02-2315-CA (Immokalee Road Project #60018). Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 185 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. To be continued indefinitely. An Ordinance amending Ordinance Number 02- 43, the Balmoral PUD, to correct a Scrivener's Error in Section 1.2, Legal Description; Section 2.3, Description of Project Plan and Proposed Land Uses; Section 3.6, Landscaping and Buffering Requirements, Section 5.7.K, 10 March 25, 2003 Transportation Development Commitments, and by providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. *NOTE: MEETING TO BEGIN AT 8:00 A.M. 11 March 25,2003 DA A G E. , MEETI.G I~U~n~ '-'- - March 25~ 2003 Proclamation to proclaim April 5, 2003 as Great American · , · . Water Reduction and Recycling Item 4C title to read:~ accepted .by _Denl~se,.~K.~(~inator from the Road Maintenance ~leanup Day. Te be Lee, Adopt-a-l, toau ~'~'"' ' Manager and Barbara Depa~ment of the Transpo~ation Se~ices Division. (Staff request.) C Me~ Recommendation that the Board ....... ~med by Carlton F~elds under the approve $192,000 in legal suppo~ to =e p= ex~sting continuing ca,ices contract for contingent gro~h management ca,ices ~n suppo~ of the checkbook concurrency LDC and GMP amendments, traffic impact vesting process and defense of challenges to the notice of intent by DCA to find the Rural Fringe ~endments in compliance, and to apprise the Board of the work program for development of LDC to implement the final order amendments to the GMP. (Staff request.) Add item 10M: Resolution to suppo~ the continued State funding for prima~ care facilities through a local, State and Federal matching program. (Staff request.) . · · with ~0F: Approve an increase of Moa 16(~~;'~i;0nmenta` Se~ices Oivis,~ ~,000 to the CommumW u= .... '- incurred to the Division's garage Capital Budget for additional expenses office building. (Commissioner Coyle request.) item16(B) 8tifletoread: Approve County Incentive Grant Program (CtGP) ~mendment extension~or Livingston Road from Pine Ridge Road to immokalee Road (FM ~10014 I 54 01) Project 62071. (Title submiffed reads FM ~10003 1 54 01) Approve a Budget Amendment Move Item 16C5 ~~~0,:~ Sewices, Project 90502, in the for Hideaway Beach Renourishment Engineering amount of $165,500. (Commissioner Hales, Commissioner Coleffa request.) Time Certain Item_s: - . · discussion regarding rush hour dump- 9:30 a.m. Item 9B: Recons&deratl.on of _,_ ,~...,,,mi_~sioner Hales request) tr--uck traffic on O~ Well and Immokalee v, oaos. [-,,, ........ 10:45 a.m. Item 10~G: That the Board of County Commissioners adopt policies to b--e used in developing the Collier County Government budget for fiscal year 2004. (commissioner Hales request) WHEREA~, ~nOC~A~A TZO~ ~t~/ ft~nal~ fac~s tt~ pottntlal tttra~t of becoming a vic'h~; a~l. HELP ~f.q~'~ ~ ~ ta Impv,at~ ~ f~ public awm. mne.~, tr=JnJncj. ~Vuc. an'on and fr~e s~.vice~ for, NOW I~=y and c~d to A 7'7'~ 7': AG'E'I~bA, [TEll ~R 25 2~OE1 Pg. t WHEREAS, HIHE~EA$, PRO~LA~A T.roAI in addition to pla~'n~ a kty roll in ~tal a~ and lrot~ction. 7te f. on.~rmnCTOlm-.atts, insuppo~tafitsmission, tl~NaplesNalur~[.tntt:. WHEi~EA$, adults ond ~ ~fl4~EA$, WklEREA$, also T~ ~o~set.v~ of NOW TItE'RE~ORE. I~ ti~t t~m AGENDA ITEM .o. MAR 2 5 2003 Whereas: Whereas: Whereas: Whereas: PR OCLAMA T]; ON the mission of Keep Collier Beautiful, ];nc. is to protect the environment and improve the quality of life in all of the municipalities and unincorporated portion of Collier County by providing public education using mass communications and grassroots activities, which will result in underStanding and action by individuals, business, civic, environmental and governmental organizations to protect the air, water and natural resources of our County; and, Keep Collier Beautiful, ];nc., organizes a cooperative voluntee~ network of citizens, organizations, businesses, and governmental entities for the annual Great American Cleanup/Bay bays activity: and is part of the national Keep America Beautiful ~reat American Cleanup; and. Keep Collier Road with the Adopt-A- Collier County's Collier County's Solid Waste ) volunteers and, this and NOW, TH be known thr beauti' and conservation and Done and Ordered this Z5th Day of March 2003 BOARD OF COUN3~ ¢OMMZSSZONER5 COLLZER COUNTY FLORZDA TOM HE~"~ZN~,~~ EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE Klm Hadley, Environmental Specialist, Environmental Services Department, AS EMPLOYEE OF THE MONTH FOR March 2003. OBJECTIVE: The 'Employee of the Month' Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Klm Hadley has contributed a multitude of tasks that have been a valuable asset to Customer Service, Current Planning, Engineering Inspections and the environmental sectors of Community Development Services Division. As one may imagine, this scope of membership can present numerous challenges to any endeavor. Klm has chosen to see this as an opportunity for problem solving within the Division and has been tireless in her efforts, with admirable successes. With assistance to L.D.C. amendments, computer data improvements, plan review, code enforcement and various field inspections, Klm has performed under difficult conditions. She has gained the resl~ect of everyone she works for and is known to be patient, timely and invariably effective. Incredibly, in her "spare" time, Kim's upbeat attitude and personal energy has given All County employees and their families the opportunity to participate in recreational activities and "fun" events which have enhanced our public relations, internal communication, potential and morale - a striking balance to her professional performance. FISCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Klm Hadley, be recognized as the 'Employee of the Month" for March 2003. Dawn Rago~, Administrative Assistant Human Resources Department ~lean Merritt, In~erim-I~iYector Human Resources Department APPROVED BY: Skip Camp, Interim Administrator Administrative Services DATE: MAR 2 5 2003' Pg._ / COLLIER COUNTY MANAGER'S OFFICE March 14, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Christopher Fowler, President Gulfcoast R/C Car Club of Naples 489 Yellowbird Street Marco Island, FL 34145 Re: Public Petition Request Regarding Special Land Use Permit to Operate Remote Control Car Races Dear Mr. Fowler: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 25, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator 252003 Jim Mudd 11432 Tamiami Trail Naples Fla 34113 Dear Jim, My name is Chris Fowler, I am the current president for the Gulfcoast R/C car club of Naples. We hold races every other week at the Berkshire Commons parking loc We have recently had a few complaints about noise, this has been brought to my attention by Code Enforcement officer Marsh. Code Enforcement has asked that we get a Special Land use Permit for each time that we axe going to hold races. The Prell.it office has been very helpful, we are a non-profit orgnni:,ztion and they do not charge us for the permits. I would like the opportunity to speak in fi~ont of the County Commissioners to see if we could forgo the permitting process if we advanced the time of day that we race so that the 489 Yellowbird St. Marco Island F1 34145 MAR 2 5 2003 EXECUTIVE SUMMARY REQUEST THE BOARD ADOPT AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE H BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMITTEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR AMENDMENT TO EXHIBIT A TO DELETE GREY OAKS DEVELOPMENT FROM THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDNG FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Board to adopt an Ordinance amending the Livingston Road Phase Il Beautification MSTU Ordinance 2001-76 to increase the committee size from 5 members to 9 members, while limiting the number of members to no more than three from each subdivision or community, and to remove Grey Oaks Development from the boundaries of the District. CONSIDERATIONS: On December 17, 2003, a public petition was presented to the Board of County Commissioners with 398 signatures, or 75% of the property owners in Grey Oaks requesting that Grey Oaks be removed from the Livingston Road Phase Il Beautification MSTU. On January 14, 2003 the Board of County Commissioners directed staff to advertise an amendment to the Livingston Road Phase H Beautification MSTU Ordinance 2001-76 as amended to exclude Grey Oaks from the boundaries of the District. The Developer of Grey Oaks has placed in escrow the sum of $150,000.00 to meet the anticipated taxes for this community which is required to meet the MSTU's commitment to the County for the decorative sweet lights and the associated costs of the MSTU. In addition, The Livingston Road Phase H Beautification MSTU requested staff at their September 12, 2002 to have their amended Ordinance changed to increase the number of committee members from 5 to 9, with no more than three members from any one subdivision or community (~FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no fiscal impact. RECOMMENDATION: Beautification MSTU Ordinance 2001-76 as amended. Bob Petersen, Project Manager, Alternative Transportation Modes REVIEWED BY: !~.~ DATE: Di~l'l~gg, ~temative Transportation Modes Director '~ DATE: APPROVED BY: That the Board adopt an Ordinance amending the Livingston Road Phase Il AGF~U~>" ?eM No.___..~.. IcY ~ MAR 2 5 2003 Pg- I 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 ORDINANCE NO. 20~- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001-76, AS AMENDED, WHICH CREATED THE LIVINGSTON ROAD PHASE 11 BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SlX TO INCREASE THE NUMBER OF MEMBERS WHO SERVE ON THE ADVISORY COMMITTEE FROM FIVE TO NINE; PROVIDING FOR AMENDMENT TO SECTION SIX TO LIMIT MEMBERSHIP ON THE ADVISORY COMMIttEE TO THREE MEMBERS FROM EACH SUBDIVISION OR COMMUNITY; PROVIDING FOR AMENDMENT TO EXHIBIT A TO DELETE GREY OAl~ DEVELOPMENT FROM THE BOUNDARIES OF THE DISTRICT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WH3EREAS, on December 11, 2001, the Board of County ConUmssioners adopted Ordinance No. 2001-76 which created the Livingston Road Phase II Beautification Municipal Service Taxing D~strict (the "MSTU"); and WHEREAS, on March 26, 2002, the Board of County Commissioners adopted Ordinance No. 2002-14 to amend Section Six of Ordinance No. 2001-76 to allow property owners and appointed representanves of property owners to serve on the Advisory Committee; and WHEREAS, thc Board of County Commissioners desires to increase the membership of the Advisory Committee from five (5) members to nine (9) members; and WHEREAS, the Board of County Commissioners also desires to remove Grey Oaks 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Development from the boundaries of this MSTU. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COI.I .IFR COUNTY. FLORIDA that: OF COUNTY SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76, AS AMENDED. Section Six is amended to read as follows: SECTION SEX: CREAT1ON OF THE LIVINGSTON ROAD PHASE BEAUTIFICATION ADVISORY COMMITTEE; APPOLNTMENT AND COMPOSITION There is hereby created and established the Livingston Road - Phase II Beautification Advisory Committee, h~rein',dter referred to ~ th~ "Committee". The Committee shall consist of five (5; nine ¢9) members that generally represent the area within the MSTU. Members of the ConUmttee shall be appointed by and serve 1 Words Underlined are added; Words &m~ are deleted. NO..._{.. MAR 2 § 2003 pg. .~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 41 42 43 at the pleasure of the Board of County Commissioners. Said members shall be p~n~v~4ncde~, property owners ,er :.~7~:r..rA .-,. ............. r.vr~.-j :';.'n~,'~": ,a:tthin the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. No more than ~ (3) members shall serve on the Advisory Committee from each subdivision or community, unless there are no other a~licants to fill a vacancy. Appointment of members to the Coffamtt~ $hall b¢ by resolution of thc Board of County Commissioners, ~'hich resolution shall set forth the date of appointment and thc term of office. Members of the commattee shall serve without compensation, but shall be entitled to receive reimbumement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: AMENDMENT TO EXIHBIT A TO ORDLNANCE NO, 2001-76, AS AMENDED. Exhibit A attached to Orchnance No. 2(101-70, as amended, is deleted in its entirety and Exhibit A. attached to this Ordinance and incorporated herein, is substituted in its place. SECTION THREE: INCLUSION IN THE CODE OF LAWS AN'D ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Flonda. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section." or any other appropriate word. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall appJy. If an)' phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent proxislon and such holding shall not affect the validity of the remaining portion. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY )al)OPTED b.~ the Board of County Commissioners of Collier Count)', Florida, this day of __ 2003. Words Underlined are added; Words ~ are dele. led. -- 2003 I DATED: 2 ATTF~T: 3 .~D~qGHT E.~BROCK, Clm-k 7 8 9 Approved as to form and 10 legal sufficiency: 12 13 ~ · 14 F~idi 1~ ~sis~i ~ A~ey BOARD OF COUNTY COMMISSIONt~S OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman 3 Worda Underlined are added; W e~._,. erda ........ ~u~.. are deleted. I~AR 2 5 2003 · TRANSPORTATION ENGINEERING DF_.~PARTMENT 2685 HORSESHOE DRIVE SOLrTH NAPt. E~ 1~1uORXDA 34112 (239) 659-57'73 SKETCH OF DF_.~CRIPTION HOT A SURVEY LIVlN(~$TON ROAD M.S.T.U. II BEGIN AT TIlE POINT OF 114'fERSECTION OF THE CENTERLIN~ OF GOLDEN GAlE PARKWAY AND 111E EAST FligHT OF WAY LINE OF AIRPORT ROAD ~C R. 31); 11-LCNGE NORTHERLY ALDHG SAID EASTERLY RIGtll OF SECTION 13, TOWNSHIP 49 sOUTH. RANGE WAY LINE OF AIFIPOflT ROAD TO 11tE SOUTHWE~I' CORNER OF 131'O THE ~fI'HWEST CORNER SOUTH LINE OF SAID SECTIDN ~ EAST; THE~ EASTERLY ALONG 1~E AS REOORD~D I~ PLAT BOOK 30. PAGES 42-45; Ti IENCE OF THE PLAT OF fl(ENS~IGTC~I', pHASE FOUIq. NORTHERLY ALONG T~- WEST LINE OF KENSINGTON ~ FOUR ~ PHASE C~IE TO '11 E SOUTI4WEST ALONG THE SOUTH LINES OF LOTS OOFINER OF TRACT 2, KENSINGTON pHA~E ~: 1k~ENCE WESTERLY THENCE NORTI~-RLY 7,$,5,4~fl~ ~LOCK 'D' TO THE WEST LINE OF SAID PLAT OF KENSI~IGTON PHAS~ ONE: 8961 THENCE EASTERLY ~ ~ WE~ UNE TO THE SOL/1H RIGHT OF WAY LI~IE OF PINE RIDGE ROAD {C.R OF TO THE NORTHEART CORHER OF AFORESAID SECTIOH 13: THENCE CO~ITINUE ALONG SAID SOUTH RIGHT WAY UtlE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECllON lB, TOWNSH1P 4g soLrIH, RANGE 26 EAST, COLLIER GOLINTY, FLORIDA, ] HENGE ~oLn~ERL¥ ALON~ THE F.A~T LINE OF ~HE WEST HALF OF THE NORIHWEST QUARTER OF THE NORTtlWEST HALF OF SAID SECTION 18: THENCE QUARTER TO THE SOUT~ LINE OF THE NORTH HALF OF THE NORTH HALF TO THE NORTHWEST CORNER EASIERL¥ ALON~ ~ALD SOUTH LINE OF THE NORTH HALF OF THE NORTH OF T~E ~OLfTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECT%ON $8: THENCE SouIHERLY ALONG THE HORTHWEST QUARTER TO THE NORTHWEST CORNER OF THE WEST LINE OF THE EK~UTHEAST QUARTER OF QUARTER: THENCE EASTERLY THE SOUTH HALF OF THE SOUTHEAST QIJARTF..~q NOI~THWEST THE NORTHWEST QUARTER OF TI4E ,aJ.~ ~JMD NORTH ~ OF THE soUTH HALF OF THE SOUTHEAST QtJARTER OF 'l it£ NO~TI-IF. AST QUAFITER TO THE NORTH.SOUTH QUARTER SECTION LR4E: THENCE SOU I HEFILY ALO4'~G NORTH-EK)t. IIH QUARTER SECTION LINE TO THE NORIH LINE OF SECTION 19. I'C~NNSHIP 49 SOUl H, RAN'J~t~ 26 EAST. ~IER COUNTY. I=LC~aOA; THEI4CE EASTERLY ALOHO SAID NORTtt LINE O!: SEC I IOl'l 19 I O Il IE WE SI RIGH1 OF WAY LINE. OF INTEFI~qTATE 75; THENCE SOUTHERLY ALONG SAID WES r ~IG1 IT OF WAY LINE OF tNI'ERSTAT~ 75 TO TklE SOUTHEAST CORNER OF SAID SECTION lg; THENCE WESTERLY ALC~G SA~[~ SOU[H LiNE OF SECTION 19 TO THE CENTERLINE OF LI¥1NGSTON ROAD (C.R. 881t; THENCE SOUTHERLY At C~IG SAID CEN'I~RLINE OF LIVINGSTON I:IOAO TO IHE CENTERLINE OF GOLDEN GATE pARV, WAY; THENCE WESI'ERLY ALONG SAID CENTEPLJ~EOF GOLDEN GATE PARKWAY TO THE EAST RIGHT OF WAY UNE OF AIRPORT ROAD AND TO THE POINT OF ~EGINNING~ " ' IN LESS AND EXCF-JaT ALL LANDS OF "GREY OAKS LYING SECTIONS 24 AND 25. TOWNSltlP 49 sOUTH. RANGE. 25 EAST. COLLIER COUI'~¥. FL,OR, DA. GENERAL NOTES 4) TWP.. TOWNSHIP 41) FIfW. PdlGHT OF WAY 8) NOT YAUD UNLESS 8K3~ED AND SEALED wm.~ THE NOT TO SCALE PREPARED BY: 2685 HORSESHOE DRIVE SOUTH NAPLES. FLORIDA 34104 SHEET.1 OF 1 TRANSPORTATION ENGINEERING DEPARTMENT SSOl EA:]T TAMIAMI TRAIL NAPLES, FLORIDA :]4112 N 0 1200 240~ SKETCH OF DESCRIPTION NOT A SURVEY .( x= -.~!..~{.. ~ · .~L. ................. -~ i '.~ ~ ~., ~ ~~' ~ - - -. ~_. ~'~: ............. '~.J~ ~ ' ~<;' "~ / } .r .......... i~~ =e.. :~T:'l'l L~I~TON ROAD M.B.T.U. II f1363 ACRES EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE PELICAN BAY MSTBU ADVISORY COMM1WrEE OBJECTIVE: To appoint 3 members to serve 4-year terms, expiring on March 31, 2007 on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance 2002-27 as amended. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well being of the Pelican Bay Community. A list of the current membership is included in thc backup. The terms for Thomas C. Brown (resident), Lou Vlasho (resident), and Joseph A. Bawduniak (resident) will expire on March 31, 2003. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY Donald Spanier Resident John Iaizzo Resident David C. Nordhoff Resident Theodore J. Raia, Jr. Resident Ordinance 2002-27 states that the Board of County Commissioners shall publish the list of nominees and the positions on the Committee for which they have been nominated and deliver a conformed copy to the Clerk of Courts. The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. THE BALLOTING DATE WAS: MARCH 7, 2003 RESULTS: John Iaizzo 890 David C. Nordhoff 890 Theodore J. Raja, Jr. 946 Donald Spanier 805 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners a 4 year terms and direct the County Attorney to prepare a resolution con Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 25, 2003 }point 3 members to serve no. ~!~ _ HAR 2 5 2003 Pg- / Ballot Results Monday March 17, 2003 At 2:30 this afternoon, the Clerk of Courts, with the assistance of the County Attorney, opened and counted the Pelican Bay MSTBU Advisory Committee Preference Ballots returned as of the time and date specified in the notice of balloting. The following results were obtained: John Iaizzo 890 David C. Nordhoff 890 Theodore J. Rata, Jr. 946 Donald Spanier 805 As per the instructions in the ordinance, "the nominee(s) receiving a plurality of ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners." pg._ Pelican Bay MSTBU Advisory Committee Mr. David A. Roeilig 6000 Pelican Bay Blvd., #204 Naples, FL 34108 District: 4 Category: Resident/Engineer Mr. Thomas C. Brown 8415 Excal~ur Circle B-1 Naples, FL 34108 District: 2 Category: Resident Mr. Glen D. Harrell 5415 Tamiami Trail N. #320 Naples, FL 34108 District: 3 Category: Commercial/Developer Mr. Maurice James Burke 5801 Glencove Drive, #508 Naples, FL 34108 District: 2 Category: Resident Mr. James A. Carroll 8430 Abbington Circle, C-31 Naples, FL 34108 District: 2 Category: Resident/Engineer Mr. George H. Wemer 1919 Trade Center Way, #2 Naples, FL 34109 District: 2 Category: ResidentJCAPB Worit Phone Appt'd Exp. Date Term Home Phone Date. Re-appt 2ndE. xpDate 2nd Term 02/10/98 01/29/02 4 Years 594-2210 01/08/02 01/29/06 4 Years 01/24/95 01/29/99 4 Years 594-1949 02/09/99 01/29/03 4 Years 598-1605 02/08/94 01/29/98 4 Years 01/08/02 01/29/06 4 Years 598-3140 05/22/01 01/29/05 4 Years 02/10/98 01/29/02 4 Years 597-9767 01/08/02 01/29/06 4 Years 591-2171 02/02/93 01/29/97 4 Years 566-3361 05/22/01 01/29/05 4 Years /ffonday, June 17, 2002 Page 1 of 3 Pelican Bay MSTBU Advisory Committee Mr. Lou Vlasho 6790 Pelican Bay Boulevard Naples, FL 34108 District: 2 Category: Resident Mr. John Domenie 801 Knoliwood Court Naples, FL 34108 District: 2 Category: Resident Mr. Joseph A. Bawduniak 803 Knollwood Court Naples, FL 34108 District: 2 CHegory: Resident Mr. Ed Staros 753 Brentwood Point Naples, FL 34110 District: 2 Category: Commercial Mr. Christopher F. Sutphin 8720 Bay Colony Drive, #104 Naples, FL 34108 District: 2 Category: Resident Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndEoqoDate 02/09/99 01/29/03 591-3248 566-3179 598-1976 Term 4 Years ,~' 05/22/01 01/29/05 4 Years 02/09/99 01/29/03 598-6626 06/25/02 01/20/06 59t5-4561 4 Years 596-1351 4 Years 05/22/01 01/29/05 4 Years Monday, June 17, 2002 Page 2 of 3 pti,. ~/' _ Pelican Bay MSTBU Advisory Committee Fr'ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndE.~Date 2nd Term This 15 member committee was created by Ord. No. 90-111 and emended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in de{ermining the need and quantity of extraordinaw law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 1113/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 yearn. On April 11, 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 membem. On 5/28/02 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be reoresentative of the commercial & business interests within the unit. FL STAT 125.01 Staffi Jim Ward, Pelican Bay Services Division: 597-1749 Mond~.v, June 17, 2002 Page 3 of 3 AC, END (,. ~ J ,~ ORDINANCE NO. 2002-2? ~J~ ORDINANCE CREATING THE PELICAN BAY MIJNICIPAL SERVICE ~,~q~, _~.4~AX~ A~rD n~.t~r t.~rr; S~rTIN~ ~ORTH T~ SOUt~A~n,~ o~'r~ ~ UNIT; DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESS~ RATE; PROVIDING FOR TAX AND ASSES. SMENT IMPOSITION AND COLLECrlON; I~ROVlDINO FOR THE CREATION OF TI~ P~CAN BAY MUNKXPAL $1~IVlCE TAXING' AND BENEFIT UNIT ADVISORY COMMI'I'r1~_: PROVIDIN~ FOR COMIK)~ITION, NOMINATION AND APPOINTMENT; PROVIDINO FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO A'ITEND M~-~"I~iGS; PROVIDING FOR OFFICERS, QUORUM, RU~ ~-~ OF PROCEDURE; ' PROVIDING FOR REI]VIBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS, POWERS AND DUTI~ OFTHE COMMITTI~4 PROVIDIN(3 FOR THE DUTIES OF TH~ COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO INITIAL XMP~ATION OF USE OF TAXING OR A,~qESSING AUTHORITY; PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLUDING REPEAL' OF ORDINANCE NO. 90-111, AS AMF. NDED, ~ ORIGINAL 1990 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENED'rr UNIT, ORDINANCE NOS. 91-22, 98-113, 99-98, 2000-22, 2{X)0-82 AND 2001-19 AND PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF ORDINANCE NOS. 78-67, 80-53, 82-122, 85-9, 86-2.g AND 88-35 RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; DATE. ...- C" COMMXSSIONER$ OF COI_I_II~.R COUN']~, FLORIDA, that: sEC~ON OR: C~..tio. of the Pe,ican B,. ~.iO~ Unit. .... Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinanca No. 88-23, tho Pelican Bay Municipal Service Taxing and Benefit Unit (hereinaf~"Unit") is hereby or, atari for the purpo~ of providing street lighting, water nmmgament, extrnordina~ law enforcement aervice and median a~eaa, idantificmion markats, the maintaaanco of conservation or lxeaarv~ areas and to financa the= landacapin[ beautification of'only that. portion of u.,q. 41 from Flna ~ Road to Ordinan~ is to adopt ·naw ordinanca that cm:solidatas said pm~tisttn~ ordinancas into ona aaaily · AC.~.ND, A NO.._~ ~M _ SECTION TWO: Boundaries of thc Un~iL The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes thos~ lands as d~,crihed on the attached Exhibit "A" and a~ depicted on the map attached hereto as Exhibit ~B". sl~canON TH~: ' TI~ governing body of the Unit shall be ex-officio the Boant of County Commissioners of ' SF_~-TION FOUR; Pumose: Powen. The Unit is formed for thc pmlxnc of providing slzcet lighting, wat~ maua~a~cnt, ambient noise management, extraordinary law enforccn~ni Servic~ and beautification, including but not limited to beautification of recr~tion facilities, sidcwalk, sheet and median areas, identification mattmrs, the maintenance of conservation or preserve arcas and lo finance the iai.dsc, aping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vande~iit Beach Road in tt~ above-desc~bed taxing and benefit unit and to that end shall __po~__-,s ali the powers to do all thin~ rcasonably necessary to provide such services. SEL-'r][ON ]FIVE: Annual F~timallet of Exm.'r~-.a: Tnzn~on & ,~_=~'-~=m~._ t ~ For the purpose of carrying into effect and the ndministration of this Ordinance, thc Board of Count3, Commissioners shnli annually, at the time required by gcncral budgetary law, review and adopt an itcmized estimam of thc amount of money reqmred to carry out the business of the Unit for the next fiscal year, which shall be from October I to and including September 30 following (thc "Budget"). Thc proposed Budget shall be prelmn~ in consultation with and reviewed by the Municipal Service Taxing and Benefit Unit Advisopj Conunittl~ (thc "Committee") prior to Connty Comminioncrs shall fix and cause to be kvi~l on all prolza~ within th~ Unit subject to taxation or assessment a miilag~ and aasesamm~ suf~cient to mm th~ req~ s,., ~,icc, taxing and hencfit units. ~ Tax and ^Hesse,_. ImDoaition ~a~ Collectio.~ Taxes and asseasmcnts herein provided for shall be levied and aaaen~, imposed and collected in thc sarnc manner and form u provided for tho levy and mse~ment and collection of general County razes subject to the mmc fee~ fo~ useaaing and collecting u gemeral County tax~ in w. cordancc with gcnc. ral law. ~ CreatJoll of tho Polica~j Bev Muniv~rm~l ,Scr,v-lC~ T~xi~ and Unit Advisory Comm!ttee~ Concorrent with the l~_*_**_gc of thc Ordinnee, an eleven (11) member advisory commitr~ to be known aa the Pelican Bay Municipal Servicc Tax. i. ng and Benefit Unit Advimry Committee is hereby created. Those individuals who arc members of the Conumttec pursuant to Collier County Ordinance No. 90-11 I, as amended, as of the moment prior to the.effective date of this Ordinance, shall cominue on as memhers of the Comn0~_,_-~ until March 31st of the yom' in which their term would have expired aa set forth in'the prior ordinances, and shall continue to hold over and serve in thau capacity until their position is filled aa provided for in this Ordinance. SECTION EIGHT: C~ omuotiti0n~ Nomination an,~ ADD0intmev ! A) The Committee shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) of the Committee members shrill bo representative of the residential interests within the Unit and two (2) of the Committee members shall be represcmttive of the commercial and busine~ interests within thc Unit. Members of the Committee shall be appointed by and scrve at the pleasure of the Board of County Commissioners pursuant to the proc~ur~ outlined her~n Thc niue (9) Committee rcpresentafive of the residential intet~t~ within, the Unit ~udl he ruidents of and qmdificd clectora within the UniL The two (2) Committee ruembe~ reMue~tativ¢ of the cormnerci~~~ interests sludl be rcsidcnu of amd qualified electors in Collier County. Appointment of members to tho Committee droll be by mmintion of tho Bomi of County CommitMouera, which re~olution shall set forth the dam of appointment and the t~,m of office. Any member of the Committee who eeme8 to meet the requisite qualifications during hit or her term of office shall immediately advise the Bomt of ~ _-'3,_~nty Commissioners in writing of such change in status. Upon the Board of County Commiaaiouers receiving s,u~ notic~ mminionen shall declare the position to be vacan~ and shall promptly consider filling d~ vaca= position with a pgr~m meeting the reqmsit= qualifications as outlined herein: i) who continues to. desire to be appointed and ii) who, in thc immediately pncceding recommcndamp/ballming received the greatest number of votes among thc unsuccessful candjd~r~ vy/ng for th~ position (i.~. B) The t~m and provialons of Section Six of Collier County Ordinance No. 2001.55, titled "PRO(~T*S$ OF APPO~ shall not be applicable to appoinunf~a of mm~Je~ ~o the Urtit. C) Upon adoption of ibis Ordinance, ali of the member3 of the Committee shall be appointed by, and all vacancie~ shall be filled.by, the ~t0atd of Coonty Comminione~ in the manner outlined herein, beginning with appointment to thc Commit~c of memix~s to fill expiring memberships. All nppointments of members to the Commigtc~ shall bc at thc sole and complete discretion of the Board of County Commissioners. Provided however, that thc Board of County C. omminiomw, will take into consideration and give great weight to the recommendations of the property owners within the Unit. utilizing the ~'ocess outlined herein. Beginning with the second Tm:sday in December, 2002, and each second Tuesday in Dccem~ thefT, afar, the Board of County Commissioners shall publicly announce and advertise all current vacancy(les) on the Committee as of that d~tc and shall requcat that applications be subrni_-__,~_ to the Board of County Commissioners to fill the expired term(s). All such applications shall Ix: submitted in writing rfl the Board of County Commissionera no later than 28 days after said announcement aa de-Trained by thc postmark on mailed applications and the time stamp on hand de. liven:d applications. The name(s) of all appropriately qualified imliv~,i-.l? timely aubmitt~d to th~ Board of County Ctmunifs~ue~ shall be considered nominees for appoinunent to fill aaid expired term(s). Th~ Board of County Commiasioneru shall then publish said iiat of nomineas and the pt~tions on th~ Comnfittce for which thoy have been nowi.,-.~4__ (i.e.. for the "maldmtiai intzruts" or fur tb~ The Clerk shall cause the mtme of each nomine~ as n:pofled and published by thc Bonrd of County Commiasionct~ to be included on the mail ballot, which nu.-~ovenuncn~ai property owners of the class (i.e. 'Re,ideutial or Commgrciai~Buain~a/Other,,) corresponding wi~h thc class for which thc ballo~ng ia ~_~.m'ing ("Residential or Commercial/Business/Other") within thc Unit no ]ess ~han thirty (30) days prior m thc balloting _~__t_~. Said balloting date being set by the Board of County Commissioners. E) i. One (1) indivisible vote may be cast for e~ich parcel in th~ Unit mgnrclleas of the number of persons who have an ownership intreat in the property or the manner in which title is held by them, with each discrete parcel being those as listed by tbe Property Appraiser of C~llier · County and as approved by resolution of the Board of County Commisaioners. Commercial/Business/Other ownet~ cast ballots only for "commmciai/Buaiza:as/Oth~ intex~t- positions and Residential 'owners cast ballots only fox "Residential interr, st" positions. Only one ballot shall be counled for each parcel. If multiple ballots are cast For the same parcel by owners of record, all ballots for that parcel will be deemed invalid. It is not tho ms~mnaibiUty of the Clerk or the County Attorney to determine or select the ballot to he counted wherein multiple ballots for a parcel nra cast as described herein. ii, For purposes of determining record title owners of property cntiticd to cast ballots, the listed record titlc ~wnr. rs of prope~y u evidenced by the Collier County Property Appraiser's tax mils as of sixty (60) days prior to the balloting ~ shall be utilized and deemed conclusive. Not less than forty-five (45) days prior to the balloting dn_.te, the Property Appraiser shall provide the Clerk and thc Board of County Commissioners with the list of ail parcels within tho Un~t, each parcel's identification number, the names of the property owners and tlmr addresses, with said list designating each parcel u either reaidential/commereial/other (based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with tl~ ~ At th~ plar~ and time stated in th~ notice of the balloting published by ~he Board of County Commissione~, the Cleric, with the assistance of the County Attorn~'s Office, shall opera and ~ the ballots, wh~,h hav~ been nmumai to tho ~ as of th~ dam and tin~ atmmi in sm:h nott~ of I~liofing, in a manner rnmnb~ of th~ public shall be entitl~tl to atmnd and observ~ The de. termination of lbo Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s) receiving a plurality of the 2003 pg. /t') _ n,,~mbership shall be d~med tha successful nominee(s) and their name(s) shall be r~ported and forwarded to thc Board of County Commissioners. The Board of County Commissioners shadl at their next regularly scheduled meetin& mak~ the neccasa~ appointnm~nts to fill said poaitions. F) Thc cost of the nomination and balloting p _r~'__~a shall be born~ by th~ Bom-d of County Commimonm~. SECTION NINE: Terms of Offi~. In 2002, of thc four (4) te~ms which are expiring: i) two (2) poaitiona shall be filled'with · persons repre~ntative of the residential intcresms who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons represmuative of thc coramezciaLrousinesa/other interests, wherein one (l)pemon will be appointed for st four (4) year term and one (1) person appointed for a two (2) year te~m. Tlm'eafter, each appointment or reappointmcnt shall be for a terrn of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 31". A member of the Committee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the Committee shall be for the remainder of thc unexpired term of office~ SECTION TEN: Removal From Office: Failure to A_-,--,,d M_e~_ i_n_~s. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of thc Committee fails to attend two (2) consecutive Committee me~ings without a satisfactory excuse, as determined by the committee, or if a member ia abaent from more than one-half of the Committ~'a meetings in a givemt Fiscal year, the Committee shall dc~lare the member'a seat to be vacant and the vacancy shall be filled by the Boml of Comity Comminaionm~ in $F. CTION ~{t]~/EN: Off, nm: Ounwum_- p,,I,., of ~,,~__ A) At its earlieat oppowtumity, th~ m~mbem, ahip of th~ Commitlm~ shall e. ie~ a e. haimmn and vim chairman from among tim mmnim~. Off~m~' tmm~ shall be for on~ (1) year, eligibility for re-election. B) The ~ of six (6) or more members shall constitute a c ~ to tak~ action and transact business. In addiuon, an affirmative vot~ of a majority of tl~ members present shall be necessary in order to tn_~ action, except that an affirmative vot~ of seven (7) or more members presem shall be required to re~x)mme~ tl~ Budget for the Unit to the Board of County Commiasiouers. C) The Committ~ shall, by majority vo~ of the entire membership, adopt roles of procedure for the tmnancfion of buainasa of tbe committee and shah ~ a detailed record of m~etings, resolutions, findings and _de~___,~m~nafiom. , · SECTION TWEL~: Reimbmsement of Members of the Commit~e shall serve without reimbursement for expenses reasonably incurre~ in'th~ performance of their duties upon prior approval of the Board of County Commissioners. SECTION THIRTEEN: Ful~ctio~, Powers anti ]~l~tje_~ of thio Commi~_~. The functions, powers and duties of the Committee ahnil b~ as follows, and shall be carried out consistent with the provisions of the Memorandum of Understanding/Letter of Unde~tanding refe~nced herein: A) With the assistance of the County Manager, provid~ input to the Board of County Commissioners in can'ying out the purposes of the Pelican Bay Monicipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, trawge or otberwi~e chan~ or discontinu~ the functions or services provided by the Pelican Bay Improvement District, the Committ~ shall be prep~ to and shall aid, assist and provide input to the County Mana~r and tbe Board of County Comm~i~iot~t~, within Om timo frm~ re~lUmteM, in effectuating smooth and expeditious tnmsfe~ of strut lighting, walm' mana~emmt and beautificatiOn norvicea, reapomibilitie~ and obligations to tl~ Unit. C) With ihe amstance of the County MamSm., tn peL. lXU~ md tmmunmd to tho Board of Cmmty CommiaMomaj m itemiz~l B~ of ~ ~ of ~ ~ m carry out the bmineas of the Unit for tho next f~M year. D) Tim Commtttu~ shall ~commm~ work prt~'ama and priorttie~ to tbe Board of Co~n~, Comminionm. u in accordance with the mioptal Bud~ or Buds~ m~gbnenu which may be adolmM by the Board of County Commiasi~ in nccmxiance with Iai pt~.~.ams shall be under tho direct supervision and responsibility of the County Manag~ with the assistance of thc Committee and County sta/f in accordance with thc Mmnorandum of Agn~'men~ of Undemanding. Said work may be performed under contract (in- acourdan~ with law and County policy)' or by County forcca. E) To cater into a Memo .randum ofA~~ of~ with the Board of County Commissionm, and with thc County ~, wiu~in th~ ~ ~ that thc intent in th~ operation of thc Unit ia to allow thc Commitr~ to oxercisa dec,on lad conlmi of th~ day to day operational affairs of thc Unit to the maximum extent allowed by law. unless and excg~ when therc is soma ovcmding gove3'nmentai teasun to do otherwisa. SECTION FOURTA'I~N: ' Duties of tbe County The duties of the County Manager or his daalgn~ shall be.: A) To administer thc activities of th~ Unit in __*cc_ordanc~ with the Memorandum of Agrecmcnt/-Letter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist thc Committee performing its functions as defined by this Ordinance including thc preparation of the pi'opose, d annual Budget. C) Provide periodic written reports to the Commitle= and thc Board of County Commissioners on the activities of thc Unit and its finances. D) To require any contract manager or employee manager of the Unit to report directly to the County Manager. .S. ECT~ON ~:_ This Ordinance shall he reviawed once avery four (4) yea~ in accordanca with the proce&u~ contained in Collier County Ordimutca No. 2001-55. SECTION S~; Om~ommiP/to C. _.nmm~ Prior to r,~_·l .I .,~'~-~-_~on or Usa 4[ . thc Unit's Talin, ~ ~ .,?~.~a,~, Prior m adorning the ~ for tim Unit and !mplemzming any taxing or reasonable notice in · local ngwsplpm- of'Bane~ ~mlafion. At such public hearing th~ Board of County Commislimla~ will considm- th~ Budg~ rzcommeudgd by the Advi~a.y Committne and provide thg public thz olDtcmmmity to commgnt on thc proposed Bud~t and thc implet~n~ation or use of the Unit's taxing and a~smgnt authority. .;AR 2 5 20O? Pg. SECTION SE~~ Suuercession. R_~_~ '"d Consol!d,,~on of Pr{or Ordin~, A) Collier County Ordinances Nos. 90-111, 91-22, 98-113, 99-98, 2000-22, 2000-82, and 2001-9 are hereby ropeah~d in their ~ntirety. H) Collier County Ordinances No. 78-67, 80-53, 82-122, {5-9, 86-29, and 88-35 am hereby supetsedod and repealed to tho oxtent samo sro either inconsistent or not harmoni~ with this Ordinsnce and consolidated with the Unit for the purposes of providing su~set lighting. ' SECTION EIG{-f~; Conf]i?t nnd Severabilitv. In tho event this Ordinanc~ conflicts With any other ordinance of Collier County or other applic~bi= ~aw, the ~ ,~,~ctive Sh~! apply. T~ a~y ~ or po.ion of,hi. C)~di~ i. h~ld invalid or unconstitutional by any court of competent jurisdiction, such portion shall be denned a separate, distinct and indapendent provision and such holding ~hall not affect the validity of the remaining portion. S. ECTION N[NE3~-~; Consttuc.tion_. This Ordinanc~ shall be liberally construed to effectuat~ its public purpose. m .S. ECTION TWENTY~ {nclualon in Code of Laws and Ordi _~,_-/-: . Thc provisions of this Ordinance shall become and be ronda a part of the Coda of Laws and Ordinances of Collier County, Florida. The sections ofth~ Ordinance may be numbered or re-lettem~d to accomplish such, and the word "ordinance" may be changed to "~-'tion", "article", or any other appropriam word. This Ordinance shall become effective upon filing With the l~t of Stat~ of the State of Florida. PASSED AND DU]..Y .4d:X3P'FED by the Board of County Commissioners of Collier ' .~.~ aa tm_Chalmaa'~ '~-f--'-'-" ' , 'A. ."'~~ Oli{$. B · _ ....... ...... · {5 ~ "~'E. OARD OF COUNTY COMMTS .: -., .. ~ ! _-.. ,--,-,~.t,~K ~UN']~, FLOi~IT~A ^ :' '". '"' t-s~, ~ D-vi,tC. Woi~ - r ~...f... AGENDA~ or,d ~c{..,"-'w{~.{:.~.ment of thor · f .,Ze. aL,,_~., ~ - --' Pg' ~ EXHIBIT A The PeCan Bay Services Dklric:J Js con'q:xJsecl of and incJucbs those lands c:lesc:~ecl as fofow A trac~, of land .being in pOL~Clons of Sections 3Z end 33, ToWnship 48 SoUth, Range 25 East; together vi~h ~rttons o~ Sections 4, S, 8 ~ o, To,ship 49 South, hngm 25 Eas~, Collier Catty, Florida, being one and ~e s~e aa ~e lands ~ollo~s: line of Section 33 a distance of 1,0.02 feet to a po£nt on th? Nest right-of-May lSne of U.S~.4~ I.State Road 45), said point also beLng the Po£nt of eeginn~ng; thence Southerly along the West rtght-of-e~y lies'of said U. S. 41 (State Road 45) the fo lov ng courses. . South 00 degrees ~8 minutes 36 seconds East a dzstance o~ 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance a~ 3218.20 feet; thence Sou~h OL degrees 00 minu~es 29 seconds East a distance o~ 3218.S6 £eat; ~hancs Scu~h oo degrees S9 minutes 03 seconds East a dlsUance o~ 2626.2~ feet; thence South Ol degrees O0 aLnutee lB seconds East a d~stanca o~ 2555.75 ~set to a point an ~he ~or~h r£ght-o~-way l~ne af PAne Road as recorded in D.B. 50, Page 490, among the Public Records of maid Collier County; thence departing said U.S. 4Z (Skake ~ad 45) Sau~ 89 degrees 09 mlnu~es 4S mecon~e Wos~ along .a~d Nor~ degrees SI ~nu~es 44 seconds hst a distance of 70.00 reek to.a po~n~ on ~Ae Ho~ l~ne of Seagate Unit ~ am ~acorded An naa ~esc a~onq ma~d ~orth line of fleagahe Onik ~ and the South line of said Sec~lon 9 a ~is~nce_of.~496.67 f~ ~o the Sou~wes~ ~cner of sa~d uecc~on ~; chance continue Sou~ 80 degrees OS ~u~mm 45 seconds Wee~ a d~s~ance of 225 ~eet nora or XmmB ~o a po~n~ ~s~anc~ ~e rae~ more or less; ~enct de~h~l~ said ma~a weac c~gnc-oc-vay xxne o~ U. e. 4X (State Rosd MEMORANDUM DATE: TO: FROM: Jnmm~j 8, 2003 Dwight Brock, Clerk of Courtsn,._ ~ sue t ' Board ofCoumy Co~ner~ p¢licatx Bay MSTBU Advisory Committee As you know, we currently have 3 vacancies on the above-reft-fenced ad,~sory co,~u~ittee. A press release was issued requesting citizens interested in serving on thi.~ co.tree to submit a resume for consideration. I have attached the resumes received for your review as follows: Donald Spanier 812 Pitchappl¢ .Lane Naples, FL 34108 John Iaiv-~o 6573 Marissa Loop, #1902 Naples, FL 34108 David C. Nordhtff 8420 Abbington Circle, #B 11 Naples, FL 34108 Theodore J. Raja. Jr. 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Please let me know, in writing, the reco~n for appointment to the advisory committee and I will prc-~are an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your at .-ntion to this matter. SF Collier County Home [ BCC [ Application for Advisory Committees/Boards Page 1 of 2 Application for Advisory Committee/Boards ' Zip Code: 3'~O Cc~ ' Home Address: · . _ ' ~ , oper, Example: Commi~on DistFict environmentalist, lay person,V~ AFe you a registeFed voteF in Collier County: Yes Doif so, what is that of Tice ?yOU CUl*Fently hold public om~ ?~, Yes No Do you now serve, or have you ever served, on a Collier County board or Committee? If yes~ please list the commifitges/bolirds: Yes Please list your community activities (_civic dubs, neighboorhood associations, eta) and c~ E~)e_rience.i . [ ~ :] 2003 Plmse atMch any ,,,4~f~nnal infotBtation you feel pertinent. This application should be forwarded to Sue F#Jt ~. ' Manager to the Board of County Comtui~ionfrs, 3301 F. tut Tamh~rni Trail, Napi~, FL 34112. if you with, ph ~se fax your application to (941)774-3602 or e-mail to sueJ~on Ocolli~rgov. net. Thtrnk you for volunteering to ~er~ the citizen~ of Collier htt~://www.collie~ov.net/bcc/advisor~%20aoplication.htm 12/1712002 filson s ;rom'- To: Subject: Jol~n laizzo [iaizzot~earthlink. net] Tuesday, December 17, 2002 11:44 ANI suefiison~colliergov, net Re: Board/Application for PB Services Division Board of County Commissioners 3301 East T~mia/Ai Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: John Iaizzo Home Phone: 592 - 0678 Home Address: 6573 Marissa Loop, #1902 Zip Code: 34108 Fax No. 592-0678 Business Phone: --- e-mail address: iaiz~o@earthlink.net Business: Retired Board or Committee Applied for: Board; Pelican Bay Services Division Category (if applicable): Lay person Are you a registered voter in Collier County: Yes ** No Do you currently hold public office Yes No ** If so, what is that office ? Do you now serve, or have you ever served, cna Collier County board or Committee? Yes No ** , f yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc.) and positions held: * St. Marissa Board Condo Assn., VP 1996 - 1998 * Pelican Bay Men's Coffee, Board member & Secretary, 1997 - present * Coast Guard Auxiliary, Staff Officer/Public Affairs, 1997 - present * Kiwanis club, 1998 (6 months) * Italian Cultural Society, Treasurer, 1999 - present * Neighborhood Health Clinic, volunteered over 300 hours Education:' * My technical education was primarily in electronics and computer operation and maintenance. I completed my formal education evenings at Queens College in New Yomk City and earned a Masters in Computer Science in 1982. Experience: * My professional career with the Grcu~nan Corp. in Bethpage, Long Island covered 30 years and a multitude of engineering assignments: Field Engineer, Liaison Engineer, Avionics Test Engineer, System Instructor, Software Definition & Requirements, Software Test & Evaluation Engineer. I concluded my engineering career in 1995 as Senior Software Engineer. 2003 _ -~ec 13 O~ 09:53a L~nne ~ordho~ 9~! 59~ B~G3 Board of County Commissioners 33~1 Eaa~ Tmniami Tr~a~ Naple~ FL 34112 C941~. 774-8097 Fax: (941) 774-3602 Application for Advisory. Com_mit~ees/~oards NO Do yo~ now serv~ ar have ya~ ewr served, e~ a ~fym, ~ IL~ the No ,~ lilt yo.~r .c~ ~ ( '.ci~: ~ ld~Jtbor~od modatimu, etc. tad po~itiom ~ ,' . ~ ~ ' . - ProeM?,- ~'il't- i '! j . Board of CounW Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-5602 Application for AdvisoD' Committees/Boards Name: Theodore J. Rain, Jr. Home Phone: (7.;39) 594-2851 Home AddFess: 7117 Pelican Bay Blvd., Apt. 404, Naples, FL Zip Code: 34108 Fax No. same Business Phone: ~NIA e-marl addFess: raia(~eroh, com Business: Reth'ed Board or Committee Applied for: Pelican Bay MSBTU Advisory Committee Category (if applicable): Resident Ezmpte: CommJmsiou District, Developer, euvlr~mmentalish lay person, etc. Are you a registered voter in Collier County: Yes__X__No Do you currently hold public office? Yes office? , No X Do you now servr, or have you ~ver ~rv~ oa · Collier County bem-d or c~mitl~? Yes X If yes, pleese list the No Please list your community activities (civic clubs, neighborhood associations, etc. and position held: Board of Directors, Pelican Bay Property Owners Association, Board of Directors, St. Raphael Condomhium .4.q~)ciation Education: BS Manhattan CoBege, MI) University of Rome Experience: of Appeals, Harvard. lVLu~chusetts years Conservation Commission, 10 years Planning Board, 3 Years Zouiu~ Board NO. 2003 Theodore J. Raja, Jr, M.D. 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (239)594-2851 rain~e~k,eom Ted Raia retired as colonel from the US Army Medical Corps with 26 years of active duty including his medical training. His assignments included commanding the 200 ~ 46ta Combat Support Hospital with the 18'h Airborne Corps in Saudi Arabia and Iraq during the Gulf War. For the last five years of his cal~er he was Chairman ofthe Department of Radiology at the world renowned Walter Reed Army Medical Center. While there he founded the Emily Lawrence Reed Imaging Center for Women and modernized the department. Ted retired from active duty in February of 1997, the year he became a resident of Pelican Bay. He had an additional 14 years as a civilian in the Army Reserves and was the head of a hospital based radiology practice in Massachusetts. In the 1970's he founded the Valley Emergency Physicians Corporation that provided 24 hour emergency service to a rural community hospital well ahead of its time. While in civilian practice he served on the Board of Trustees of the Nashoba Community Hospital, the North Middlesex Savings Bank, and the Fmitlands Museums. His co,,'-~;it,t;ent to his community is further demonstrated by the ten years he served on the Town of Harvard Planning Board, as well as serving on the Zoning Board of Appeals, the CoBservation COBamlssioR, and the Committee for Elderly Housing. In 1978 he was a vobmteer physician with Care Medico in Afghanistan and with his wife, Fil, were held captive by the first revolution to grip that country. In 1981 he was appointed a Medical Examiner by the Governor, a position he held for over ten yearm Ted and Fil lb, ed in Har~,d for 22 years where they raised their six children. Now yoUmay see them In Pelican Bay he serves on the Board of Directors at the St. Raphael and on the Board of Directors of the Pelican Bay Property Owners Association He has also been appoimed tO tWO committees of the Foundation, the Ad Hoc Communications Committee at d the Restaurant Advisory Group. AGENDA ITEM MEMORANDUM DATE: TO: FROM: January 8, 2003 Elections Office ~ ~-~,-~-~ Sue Filson, Executive Manage~,~ Board of County Commission--sv Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PELICAN BAY MSTBU ADVISORY COMM COMMISSION DISTRICT Donald Spanier 812 Pitchapple Lane Naples, FL 34108 G,a'e~l.~ iaizzo 6573 Marissa Loop, #1902 Naples, FL 34108 -~-:~10~q David C. Nordh~ttff ~4e_3 8420 Abbington Circle, #BI ~1' Naples, FL 34108 ,uD:x,t, 8 Rord Theodore J. gaia~ Jr. 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Thank you for your help. AOF. NDA ~ NO. ~__ 2003 Memorandum RECEIVED COUNTY MANAGER OFFICE MAR 1 ? 2OO3 ,;CT~ON To: Date: Subject: "'c°""''''"'°'r Frank Halas, Commissioner Collier County, District 4 Mamh 17, 2003 Request for Reconsid®mtion As provided in County Ordinance 81-54, I would like to make a request to bring Item 9B, DISCUSSION REGARDING RUSH HOUR DUMP-TRUCK TRAFFIC ON OIL WELL AND [MMOKALEE ROADS, before the Board for discussion and possible reconsideration. The item was originally heard on February 25, 2003. My request, as a member who voted with the majority on this issue, falls within the thirty-day time frame allotted by the ordinance. Please place this issue on the agenda for March 25, 2003. ~ of the County Manager MAR 2 5 2003 H~Fmnk Monday, March 17, 2003 10:11 AM Feder_N; Imnt_e RE: U~ of"Jeke ~" Perhaps there is another way to approach this issue. Could wa illicit the help of FDOT to check for proper mufflers if this is the mason Jake Brakes am a problem? Is there a federal standard for noise emitted from dump trucks? Have the signs already been fabricated? Regards, Frank Hales Collier County Commissioner District 2 Seal= TL_m,;~y__, Han::h 11, 2003 2:26 I~1 Tm caleUn. J Cc= ~; henninlLt; flala_d; HMasF'~r~ Feder_N; rnudd_.t; ochs_l; wighLd; tipkan_b; deaM_c Commissioner Coietta: We h~ve iclentified 13 locations where we believe signs can be erected to request that Jake Brakes not be used. We are fabricating the signs and they should be installed within the next couple of weeks. Attached is a mockup of the sign wa will be using: << File: RESIDENTIAL AREA. doc >> The total cost for this effort is estimated at about $2500. Since wa are about halfway through the fiscal year, we do not anticipate that this amount will affect our current budget; however, if there are significantly more locations identified es appropriate for these signs, limn wa will have to return to the Board for a Budget amendment for the additional funds. b ,r,_e ~ turdmLt; tim_d; HmsFrud; _r-,,~____N; ~__,d,t~j; ochsJ; wight_d; Urdm_b; As we move through this process, our level of understanding on the truck problems will continue to J~. ,~ number of people in the know have contacted me regarding "Jake Brakes". They have stated that they am not a noise problem when equipped with the pmpsr mufflers. They have referenced straight pipes as the way to identify the offending trucks without adequate mufflers. Doesnt the Motor Vehicle Laws require working mufflers on all vehicles? Also, wa did recognize the fact at the last meeting when wa ware giving staff direction that, while no ordinance exists at this time, that the Jake Brake signage could be possibly worded, "Please No Jake Brakes - Residential Area", · Thank you for the research that you~e done to date regarding Jake Brakes. I am sure that we will find a way to mitigate the present situation to the satisfaction of the public. Jim Cotet~ respect to a prohibition on their use in or near residential areas. Further, we were directed to provide signe to effecluate any such prohibition. Failing · prohibition, we were asked to implement a signing pro~rm~ to "request" that buckers not use these devices in or near residential areas. Immediately after the Board meeting, I sent an RLS to the County Attmney requesting an opinion es to how we might best implement either a prohibition or a program of signing regarding the use of ",lake Brakes". in addition, I have perfommd an informat~ search on the Intamet to determine if oiler jurisdictions in Florida or in oth~ e~a~s have been able to implement a similar program. Finally, I have had some cormspondenca with the Sheriff's OlTtce and with the FDOT on this subject. Based on my research, the following information has become apparent: 1. "Jake Brakes" are legal. The design is governed by standards set forth by the Federal government with respect to overall truck design standards and guidelines. 2. This issue does not appear to be a "transportation" issue, but rather a noise issue. 3. The Sheriffs ~ cannot cite 1~ legal use of a legal device. 4. I did find a small town in Delaware that enacted a "No Jake Brake" ordinance, but in a conversation with one official, they basically have an Ordinance that says "don1 use Jake brakes or we'll fine you $100". Unfortunately, they also have an enforcement issue and have not been very successful in implementing the ordinance. Again, the issue is that the noise must be measured against some standard and proven in oourL 5. FDOT has taken the position of keeping away from any signs or restrictions sinoe the devices am legal. I am awaiting a resix~se fTom both the Sheriff's Office and the County Attorney's Office and as soon as I receive some guidance from them I will be able to draft an Executive Summary for presentation to the Board. I anticipate udd. J ~d~t: TO: Cc: Monday, March 17, 2003 10:24 AM H~bmM=ranlq mucM_j RE: Use of "Jeke Brakes" The signs have not been fabricated as of Ibis date. Based on the email ~--.,~&age betow, we will await furttmr instructions and dire(dion on this issue before moving forward. Fmm: Halasfi'ank ~ 14ondw, ~ 17, 2003 10:11 N4 Tm mudd_l el= F~._ _~-_N; kanl;_e SUbJed= RE: Use ef'3ake Brakes' Jim, I would like to bdng this-item back for reconsideration at the next BCC meeting.' I do n°t see the POint of spending $2,500+ for signs that are not enforceable by the Sheriff's Office or FDOT. Perhaps there is another way to approach this issue. Could wa illicit the help of FDOT to check for proper mufflers if this is the reason Jake Brakes are a problem? Is there a federal standard for noise emitted from dump trucks? Have the signs already been fabricated? Regards, Frank Halas Collier County Commissioner District 2 Fmm: kanl:_e Twl~lay, March 11, 2003 2:Z6 PM ~ colMr-l~; herreLI; Ilal~.d; H~lafrak; Feder_N; mudd. J; ochs_l; wight_d; tip,Dh_b; deane_c We have identified 13 locations where we believe signs can be erected to request that Jake Brakes not be used. We are fabricating the signs and they should be installed within the next couple of weeks. Attached is a mockup of the sign wa ~iil be using: << File: RESIDENTIAL AREA. doc >> The total cost for this effort is estimated at about $2500. Since we are about halfway through the fiscal year, we do not anticipate that this amount will affect our current budget; however, if there are significantly more locations identified as appropriate for these signs, then we will have to retum to the Board for a Budget amendment for the additional funds. Sine: 14c~by, Iqamh 10, 2003 8:44 AH Tm kanlLe Cc: c. wler-s~; henm~t; flab_d; Hdasr-?d~ Feder_N; m__,~_..J; ochs_l; wlgh~d; tipmfl_b; cleme_c 1 Ed Kant As we move through ~i process, our level of under,landing on the tnmk problems will conUnue to inca'ease. A number of people in the know have contacted me regarding ",lake Brakes". They have stated' Itmt they am not a noise problem when equipped wflh Ute proper mufflers. They have referenced ~aight pipes as U~e way to idenUfy ~e offending trucks without adequate mufflers. Doesal the Motor Vehicle taws · Thank'you fo~'the research that you~e done to date regarding Jake Brakes. I am sure that we will lind a way to mitigate the present situation to the satisfaction of the public. FNm: Imrl~e Sent: FrJdily, 14ard107, 2003 2:17 Pt4 To: C= Coyler-~; hemng_t; Itala_d; HalasRa~ Feder_N; mull_J; ochs_l; Mghr,_d; Upton_b; deane_c This message is provide a status report and follow up I~ the February 25 Board rneeUng. At that meeting ~ was reque~ad I~ research the use of'Jake Brakes" and to del~mine~ if there is any way they can be regulat~l w~ respect to a prohibilJon on their use in or near residenUal areas. Further, we were directed t~ i:mwide sigp. s I~ eff~K~ua~ any such probit. Failing a prohibition, we were asked to implement a signing program to "request' that tmckem no~ use mese devices in or near residential areas. Immediately alter the Board meeUng, I sent an RLS to the County Attorney requesUng an opinion as to how we might best implement eittter a IxohibiUon or a program of signing regarding the use of "Jake Brakes'. in addition, I trove performed an information search on the Internet to determine if other jurisdictions in Florida or in other stat~ have been able to implement a similar program. Finally, I have had some correspondence with the ~s Office and with the FDOT on this subject. Based off my re~earch, the following information has become apparent: 1. 'Jake Brakes' am legal. The design is governed by standards set forlh by the Federal government with respect to overall track design standards and guidelines. 2. This issue does no~ appear t~ be a "faansPo~aflo~" issue, but rather a noise issue- 3. The Sheriff's Oflk)e cannot cite lbo legal use of 8 legal device. 4. I did find a small town in Delaware ~ ~ a "No Jake Brake" ordinarK)e, but in a convematJon with ofle cd~cial, they basically have an Ordinance ttutt saYS "dofl*t use Jeke brakes or w~'ll fine you $100'- I4/ R 5 Fe, bruary 25, 2003 Meeting Recaps Page 5 of 13 remedies of the bondholders; providing that the bonds authorized hereunder will not create a general debt or obligation of the County; and providing an effective date. Ordinance 2003-09 Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS Appointment of member to the Golden Gate Estates Land Trust Committee. Res. 2003=92 appointing Linda Hartman - Adopted 5/0 Be Added C. Discussion regarding rush hour dump-truck traffic on'Oil Well and lmmokalee Roads. (Commissioner Coletta) Staff directed to continue meeting with different organizations re: this matter and bring report back - 3/2 (Commissioners Henning and Coyle opposed) Consideration of a resolution supporting continuation of the State Housing Trust Fund. (Commissioner Fiala) Resolution 2003-97 Adopted 5/0 10. COUNTY MANAGER'S REPORT Ae This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Water Master Plan Update, Project 70070. (Jim DeLony, Administrator, Public Utilities) Adopted - 5/0 Be This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Wastewater Master Plan Update, Project 73066. (Jim DeLony, Administrator, Public Utilities) Adopted - 5/0 Ce Approve an Interim Interlocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2003-296 Laws of Florida. (Joe Schmitt, Administrator, Community Development) Approved with 90 day extension - 5/0 Eo Approve a Resolution to authorize the Collier Mosquito Control District to expand boundaries into Immokalee. (John Dunnuck, Admini.'~~hlic~-j Services) Resolution 2003-98 - Adopted 5/0 IdAR ~ 2003 Provide a report regarding water quality of wells in Goldon C. mte£ity.._-~Dr. http://www.clerk.collier, fl.us/bccre~ps/2003/February25 .htm 3/13/2003 February 25, 2003 the civic leaders and also incorporate the Jake brake sil/ns and to have staff come back to us and report to us on how we can deal with the tracks in the four-laned highways as far as fight lane only except for pa~ing. COMMISSIONER FIALA: Second. CHAIRMAN HE--G: There's a motion by Commissioner Coletta, second by Commissioner Fiala. Commissioner Coyle? COMMISSIONER COYLE: The implication is that we're §oin§ to form a I~oup of people by motion of the Board of County Commissioners, and I am concerned that that might create a situation with the sunshine law violations. County attorney, can you talk to me about that? We are - the advantage of letting the departments work together to come up with recommendations to us is that they can talk with each other. They can talk with each other individually or as a l~'oup. If we form this organization as a result of a motion by the Board of County Commissioners, it's my belief that we then force them to work in the sunshine, which means they cannot talk with each other on an ongoing basis and coordinate issues, they have to meet and do all their business during the sunshine. Now, that, to me, would handcuff the sheriffs office when they're trying to get out and talk with the community leaders and work out problems. What's your take on that? MR. WEIGEL: You're a good student of the law, Commissioner. If this board constitutes a committee, then those persons or elements from various offices that would become that committee and report back to the board with this charge to do so, I would advise, would be subject to the sunshine law. I would -- I would be very concerned not to have that discussion Page 97 ~AR 2 5 ~ February 25, 2003 and recommendation to those persons that would serve on the board because there is the potential of even individual liability in that If this board just Says, we look forward to hearing from the various groups that are out there and accept the-- and review the information that comes, they're hearing it from different disparate groups and then assimilating it together for your own decision-making later, and there would be no problem with the sunshine law-- COMMISSIONER COYLE: And that was the intent of my first motion. Now, the motion that's on the table fight now, however, would create a sunshine law problem and, I believe, would triple or quadruple the time required to reach these solutions and get the recommendations to us. So I would urge the board -- the members of the board to consider this very carefully. You've got people who are working together fight now. If they're not working together, they can come to each of the individual commissioners and say, would you please get these people to listen to me or let me be on this committee. And so there are ways of dealing with this issue. But to create a -- an organization by motion of the Board of County Commissioners, I think, is the wrong way to proceed with this issue. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I understand where you're coming - and your concerns about sunshine. I, myself, am a strong endorsement of the sunshine laws and also of community involvement, and at no point in time was I asking this to form an official committee. It's a task force, very similar to what we did for clam fanning. If this particular thing is wrong, then we've got a problem with sunshine in clam farming, we've got a problem in other task forces that are out there. This is under the auspices of the sheriff's Page 98 MAR 2 § 2{~3 .,~ February 25. 2003 department. . . . Let .me reword the motion itself so that it nught be able remove th~s. That we enco.ur.a, ge the sheriffs department to bnng local con~. unity leaders, ovic leader~.,, m.to. the .process so that they ,,~n he ittine at the table to hear what s t_a_~ng ptace. ---'-~.~, ~ t~,,m~r untv Commission is not responsmle for who those membe~ are, we don'.t have to vote on mem. 't-ne c~wc_ - and I'm sure that the sheriffs department's going to be working very closely to identify the civic leader~ that we're talldng about. They already know who. ~ey are, .Orange..Twc Gate Estates Civic, rmght ~ one or two omer ones out u,~,~, would be invited to sit there and be able to follow the process, go through and report back. The only problem that's been wrong with .the process up to this point in time is that it has lacked that personal mvolv ~e~ne~. t o.f the_, public itself, and that has been the whole contention ox wny I wantea to get this before you. The sheriffs department's been doing a good job of bringing all these people together. It's all being done in secret -- not secret, but being done behind closed doom. I asked if I could bring civic leaders, and I was told no at that point in time, it was not a good idea. Well, I don't agree with that. I think that they have a place at the table. They're the people that I represent, and those are the people that I want to make sure that are going to hear everything as it's COT~h~ygwdoOn,W~;low the process down. They're going _to be .the.re to get their thoughts across. You don't want them to w..alk through We a~,,~, o,,a say to vote this is what we've come up with, then all of a . L , -Lvi ; o- mu ty out So a olut y them to be part of it early on. That's what we are here for as commissioners. CHAIRMAN HE--G: Okay. I can have a question from Page 99 ~R ~ ~ Febv~_n_ry 25, 2003 (sic) our county attorney on the explanation of your motion. Can we demand a - con.~itutional officers to do certain things? COMMISSIONER COLETTA: Recommend is the word. C~ I-IE~G: Oh. ~ lVlR. WEIGEL: No. Demand, no. I'd say no. You can ask for them to - in terms of a committee or an involvement, you can ask them to be involvecL Obviously the response or activity on the constitutional officer is clearly independent of the request and it's in their own decision-making ability. CHAIRMAN HENNING: Okay, thanks. And just before I go to Commissioner Coyle, we have a one o'clock time certain, and we're going to fit some lunch in there somewhere, so -- Commissioner Coyle? COMMISSIONER COYLE: Yeah, it-- I don't understand the distinction between the motion that's on the table now and the motion I made some 15 or 20 minutes ago. The -- as I understand Commissioner Coletta's desire, it is to have a group of people work together and include members of the community. That's exactly what I suggested some time back. And I want to ask a question. Have you excluded any members of the public from your discussions? Have you been at all reluctant to make contact with members of the -- MS. OSCEOLA: I should probably preface that first by saying, we are in the infancy stages, and we were in the infancy stages when we were brought to the table last week of the -- of our own internal review of a problem that was identified by the public. Oftentimes those problems are voiced to people other than the sheriff's office and we have to hear them through a third party. We were in the stages of meeting with people individually first. That's just part of what we do, similar to an investigation, you talk with all parties interested. Page 100 MAR 252003 February 25, 2003 W ..... ~ orobablv at this point in time, probably two weeks away from the period when we were going to stun .everyone together to bring them to the table...And of course, that includes the pit owners, the county..stai~ as ~.t.,,s, ~ w_e_ll~a~_ _th_~e.,~iate different people from ~e communl_ ~.- ~o almoul~_ wc well relative y ,k. -.,,-,,,,,-~oernent to do so you should feel con , ~o-,--,~ that thnt is and will happen. That s part of how we opera~' "~"'~"o~MIssIONER COYLE: So that's part of your process-t MS. OSCEOLA: Right, that's part of our process. And we would be remiss as staff members for the sheriff if that d?dn't occ. ur. CHAIRMAN HE--G: So have you ever demed anyb4xly a meeting or being at the table?... MS. OSCEOLA: We probably -- I can say that we probably · ow we o crate, we try to meet with people individually first, did. Inh P . . ' et because if you have people coming from oppo_s!te eh. ds: you won t,,g -'-' ........ hshed in a limited amount or-tune mat we normally anytmnlg a~ump ' ' ' ' S have. If we only have -- as you can see just this morning, s0mettme we'll .only have 30 to 45 minutes_ to .try to sit down, with each . individual group, then we see who me major spo~espeopm ~e m_ those a~eas, what the concerns are, then, like I ~id, two weeks trom now, we would have brought back some of that information and' opened it up actually by doing a public notice to the members of the public to come forward, as well as .making contact. We have contacts with people m all these areas and others, as Commissioner Coletta -- but we just weren't there yet. CHAIRMAN HE--G: Okay. COMMISSIONER COYLE: So you just need some time? MS. OSCEOLA: Exactly. . CHAIRMAN HENNING: Commissioner Halas? . . r'r~r~oSSIONER HALAS: I think what Commissioner · ,_,_~_"_"~.'~'~."~;,,~ o across is to not only have leaders get together, but also to identify, if we need to, come up with new February 25, 2003 regulations or laws in -- regarding dealing with slow traffic. CHAIRMAN HENNING: Same thing. COMMISSIONER HALAS: I think that's -- CHA~ HENNING: So we are all on the same track here. COMMISSIONER COLETTA: Well, we were, and we're getting closer to it. The problem was is that you were trying to hold us status quo to where it was, and I just wanted to make sure that the public knows that they're going to be part of this process, number one. Number two, we still haven't addressed the issue, which staff is more than willing to take on, and the pit owners think it's an excellent idea, the sheriffs department's endorsed it, of the Jake brake sign issue, which isn't that terribly involved. It's a small little thing to show the community that, yes, we're being proactive. This is a short-term thing that we're starting to work with. Plus the other information that's coming available today. I didn't want to hold it back any longer. As you commissioners are aware, my constituency out there is becoming very, very angry about the fact there's been no response from my office on what's being done because of the fact we're waiting for the sheriffs office to reach some point in time. That's what we're doing today, we're getting it out in the sunshine. My motion stands that we're suggesting to the sheriffs department that they bring the public into the process. Let it stay in their domain. I don't want to get any more involved than I am. I just want to make sure that it takes place within the public domain. And number two, the Jake brake issue and that we have staff report back to us as far as the passing lane on four-lane highways, the left lane -- right lane only for trucks except for passing. COMMISSIONER FIALA: Okay. And my second stands. COM1VHSSIONER COLETTA: That's the only thing my motion encompasses, and Pve got a second on it. And I would wish Page 102 February 25, 2003 that at this time we would consider a vote on it. CHAIRMAN HE~G: Well, can you identify me (sic) what source of funding you want to do - to do this p ,roje_ct? _ ~ COMMISSIONER COLETTA: Well, that s for staff to bring back to us at the next meeting. CH~~ HENNING: Oh. COMMISSIONER COLETTA: I'm not prepared to do staffs work and identify what number from the funding process that we'd be paying for the Jake brake signs or possibly for staff time to do work on the ordinance. They report back to us next meeting cycle, hopefully, that this is what they recommend and these are the options. C}iAII~JvIA_N HE--G: Okay. COMMISSIONER COLETTA: I don't know why this is so difficult to get the public's best interest put forward. It's a - I'm a little bit at a loss why we're dragging this whole process out. CHAIRMAN HE--G: Well, I mean, we're here to budget the taxpayers' money. That is part of the process. I think it's a very fair question, so - and we approved the budget, so we have to amend the budget. That's why I was asking. Commissioner Coyle has something. COMMISSIONER COYLE: Yeah. I think you hit the nail right on the head, Commissioner Coletta, when you said, we're not going to do staffs work. What the sheriffs office and all the other people involved are supposed to do as a result of this is come to us with recommendations. The staffs objective is to come to us with recommendations about the kinds of traffic signs, the kinds of lanes or lane mar~ngs that we want to have to solve this problem. What we are really saying is, we want you to do this, we want you to put in a flashing yellow light, we want you to put in a - Page 103 MAR 2 5 February 25, 2003 CHAIRMAN I-IF~~G: Jake brake sign. COMMISSIONER COYLE: - Jake brake sign without listening to anybody's recommendations concerning this. At - you're gathering information, you're going to come hack with recommendations about what to do and how we do it. Why are we in the position now of telling you what we're going to do before the group even gets a chance to get together and discuss the problem? There might be a lot of other solutions. That's why it's taking so long. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Call for the motion? CHAIRMAN HENNiNO: No further discussion? (No response.) CH.tdRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HE--G: Motion carries, 3-2. Commissioner Coyle and Commissioner Henning dissenting on the motion. Thank you. We're going to take a lunch break until one o'clock. We have a one o'clock time certain. COMMISSIONER COLETTA: Thank you. (A lunch recess was had.) CHAIRMAN HENNING: Okay. Everybody take their seats. We're reeonvening the Board of County Commissioners meeting. Jim Mudd, I need your assistance. 252OO3 Page 104 03/12/2003 18:01 FAX 9417743602 BCC ~001 03/12/2003 18:01 FAI 9417743602 BCC ~002 HIDEAWAY BEACH DECEMBER. 2002 RENOURISHMENT Sept 17 Marco Island Beach Advisory Committee ~m~mimously passes a Motion requesting County CACFIT)C do a minor beach sand renomidunent at Hideaway. 19 S~ sends Motion and pictures to Hovell 30 Hideaway Be~ch Association sends sam~ request to Hovell. · : .--Nov. 21 Per Hovell's in.qlllctions, Humiston & Moore completes cogineering drawings. Dec. 6 DEP Permit received.., good through March, 2004 11 On sit~ pre construction meeting with Hovell, contractor, and Humiston & Moore to begin work...did not walk entire work area 12 Hovell presented drawings to CAC: discussion accepted...no Motion required. This is part of TDC Category A funds approved for $1 Million Truck Haul (any beach). 17 C, ontmc~, at marker H 11, says hc will not go any farther northeast due do half fallen trees on beach. 18 On site meting with Al Madson (beach inspector works for Hovell), contractor, Humiston & Moore and Snediker. Contractor quotes $33,000 extra to remove haft-fallen trees. Hovell stops work there because he says an Erosion Control Line (ECL) is required. Humiston & Moore say an ECL is not required. 19-23 Several phone calls between Bob G-enirs, President of RMP 2 Condominium Association, ~ HoveH. ~~ ~ -/C~ :~ ~ 22-23 RMP 2 Association removes most of half fallen trees.., for $2,000. 23 Hovell says definitely no more work there because of no ECL. Jan. 9 9 10 After County approved finished work at Profile 48+23, Snediirer sees only 27' of beach vs 47' per the drawings. After several discussions, County has contractor ream and do the job correctly. HoveH tells CAC about stopping due to no ECL. CAC request County Attorney's opinion as to whether an ECL is required. Contractor leaves site ...stated quantity of sand placed but not wbem drawings show .... nearly half the planned shoreline was not done ! ! Feb. 12 County Attorney says ECL is not required 19 Snediker meets with DeLony and Hovell, request completion of Project. DeLony says now need CAC and BCC approval. 20 Hovell presents it to CAC as "new" project for CAC approval. Snedik~r objects and says it is just the County correcting its er~.,?_and 252003 03/12/2003 18:02 FAX 9417743602 BCC ~003 24 25 28 completing the existing Project. Naples/V~erbilt CAC members vote no and it fails. Note: this $1 Million budget is only $600,000 used inoluding this work; no other work is planned, season ~nds April 30t~, this "completion" is for 8,000 cubic ymxls of sand for $170,000. HoveH tells TDC about it. TDC says they do not determine where the sand goes. Hovell asked Snediker if he wants to pursue it to tho BCC. Snodiker says YES...the County should cotr~ its error of incorrectly stopping the Project and complete it now. Probably on lVlm~h 25 BCC agenda. Hovell calls Snediker and tells him DeLony and Mudd will not put it on the BCC ~da. Collier committed two errors: 1. County should have thoroughly reviewed site with the contractor before starting, ff half-fullen trees needed to be removed by the property owner, County should have informed them. 2. County should not have stopped at H 11 due to no ECL. ff County had a question about thi~, County should have clarified it before. County can now easily complete the project: · Budget funding is approved · Fixed contracts for contractor is in place · Permit is still in force ,, · Staging area and "beach road is still there · Mobilizations c, ons~ of takin.' g throe vehicle taken to site · Turtle season starts aRer April 30t~. MAR 2 ~.' 0,3/.12/2003 18:02 PAX 9417743602 BCC City .of 34[ i. ,o Isl fl ~oo4 · )00 Roy~ Mm~o Way I-lidelway Be~eh RE: Miti~ttfon Sftn Plan RMP !1: Building 3000/4000 At~ sit~ visit with Se, mt Sehilke last 'I'nttrsday, February 20, 2003, the City of Marco Island has ac, c, cotcd thc mitijo~tion of s~a ~ trines oompletcnl by your ~minium association. Please note that eighty percmt survival by spe~es shall be required for a fin, O-~nJr period. Replanting shall be required each year if the mortality exceeds twenty pencent of the total number of the seventeen (17) trees planted for mitigation. (C/fy of Marco l:vland F~tgstatlon Rmo~al and Prote. t~n Ordfmsn~). Thank you for your eqmperation in this matter. 'lite protection of the C, omea~adon Area velH~aadon is cssmtial for your I)roperty. If you have any questions, please contact mc (239) Sincerely, Nancy J. Richic Environmental Specialist MAR 2 § 2( 3 EXECUTIVE SUMMARY REVIEW THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS AND COMMII'rEES SCHEDULED FOR REVIEW IN 2003 IN ACCORDANCE WITH ORDINANCE NO. 2001-55, INCLUDING THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE, THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY, THE LIBRARY ADVISORY BOARD, THE PELICAN BAY MSTBU ADVISORY COMMITTEE, AND THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. In 2003, ten (10) advisory boards are scheduled for review. The first five (5), including the Board of Adjustment and Appeals, the County Government Productivity Committee, the Development Services Advisory Committee, the Emergency Medical Services Advisory Council, and the Environmental Advisory Council, were reviewed and their respective reports approved at the March 11, 2003 BCC meeting. The remaining five (5) committees will be reviewed at the March 25, 2003 BCC meeting: Golden Gate Community Center Advisory Committee Immokalee Enterprise Zone Development Agency Library Advisory Board Pelican Bay MSTBU Advisory Committee Toudst Development Council Each board Chair provides a written report (copies attached) that answers specific questions provided for within the ordinance. In addition, the ordinance calls for each board to make an oral presentation to the County Commission dudng March of the year in which they are to be reviewed. FISCAL IMPACT: In each case the boards scheduled for review require only the staff time needed to attend, prepare beck up information, minutes and any additional information required by the Committee/Commission members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $40,000 to $50,000 annually in staff time, copying charges, minutes and other expenses. GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners review the written reports of the boards and committees scheduled for review in 2003, and if applicable, direct any revisions necessary to have these committees function as efficiently and effectively as possible. Winona Stone, ~i~istant to the County Manager Approved by: Jifn Mudd, County Manager Date: ANNUAL ADVISORY BOARD RKPORT RE: GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD STAFF AGENCY: John Dunnuck, Public Services Administrator AUTHORITY: Collier County Ordinance No. 75-4 (revised 2/26/80)(revised 1986) SUBMITTED: January 29, 2003, Revised March 3~ 2003 SUMMARY: The Golden Gate Community Center Advisory Board was established in 1975 to represent, and serve the interests of the taxpayers and residents of the Golden Gate Municipal Services District (as def'med in Ordinance 75-4). The Golden Gate Community Center Advisory Board is appointed by the Board of County Commissioners and provides recommendation on matters relating to budget and changes in the rules for the operation and maintenance of the building. Current members of the Board include: Ms. Vicki Clavelo, Chairperson Mr. William Arthur Ms. Cheryle Newman Mr. James Hennink Ms. Kaydee Tuff The Board meets monthly, on the Iu Monday of the month, at 6:00 pm in the Golden Gate Community Center. Pursuant to Ordinance No. 75-4, the annual report skould consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Board meets with the Center Supervisor monthly. During these meetings, the Board reviews the center revenue, programs, special events, capital projects, budget, and the center's policies & procedures. The Board advises the Center Supervisor to ensure the community center is exceeding the expectations of the Golden Gate community. 2. Whether the Board is adequately serving current community needs. Yes. The Board also works with the Center Supervisor to foster relationships with groups and organizations in the Golden Gate area, so that the Golden Gate Community Center can continue to be "the place" to meet, and can offer the best variety of programs~ special events, and activities to a very diverse community. 3. A list of the Board's major accomplishments for the preceding five-year period. (January 1998 - December 2002) Over the past five years, the Golden Gate Community Center Advisory Board has assisted with the following: a. The purchase of the 7+ acres across Lucerne Road to expand the center to include a BMX track, Skate Park, Open Air Bandshell & Green Space, Game Room/Pro-shop, and additional meeting rooms for new pr, o~fms. b. The closure of Lucerne Road between Sunshine Blvd. & 49' Terrace S. W. so that people using the new facility would not have to cross traffic. c. Bringing new, exciting, and innovative programs, special events, and activities to the Golden Gate community. Some examples are: The Cool Cruisers Annual Car Show, Southwest Florida Motorcycle Expo, Senior Expo, Midnight Basketball Program, Gang Busters Free Summer Camp Program, Impact Youth Nights, and many holiday events. d. Reducing the taxing district millage from 0.3189 in 1997 to 0.2886 in 2003. e. During the same period, the Golden Gate Community Center achieved excellent increases in revenue (up 125% since 1997), programs (up 68% since 1997) and program participants (up 115% since 1997). f Ensured that the Golden Gate Community Center exceeds the community's expectations in its appearance. This year the center is being painted inside and out, and carpet will be installed. This will give the center a more appealing look, as will as offer a safer and quieter atmosphere. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. 2 § 2003 $. Whether the Ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The Golden Gate Community Center Advisory Board believes that the current Ordinance provides adequate direction at this time. (Amended $/3/05ttke Golden Gate Community Center Advisor~ Board is currentll, reviewing tke 1986 guidelines. Tke board belim~ tkut tkese guidelines are out of dutet and recommendations to amend will follow.) 6. Whether the Board's membership requirements should be modified. No. 7. The cost, both direct and indirect, of maintaining the Board. The Golden Gate Community Center Advisory Board operates on minimal cost (paper, copies, postage), an estimated $25 annually. Staff time is the only indirect cost, which is a minimal 30 hours annually. ANNUAL ADVISORY BOARD REVIEW RE: IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY STAFF AGENCY: Planning Services Department, Community Development and Environmental Sewices Division AUTHORITY: Collier County Ordinance No. 95-22, establishing the Immokalee Enterprise Zone Development Agency (EZDA) SUBMITTED: December 18, 2002 SUMMARY: The Immokalee Enterprise Zone Development Agency was created by the Board of County Commissioners in 1995 under Ordinance No. 95-22, pursuant to Section 290.0056, Florida Statutes. The FTDA Board meets every other month to review and discuss economic development projects and issues pertaining to the Immokalee community, making recommendations of support on specific items to the BCC as deemed necessary. 1. Whether the Board is serving the purpose for which it was created. The Immokalee Enterprise Zone Development Agency (I=7OA) is currently serving the purpose for which it was created, which is to: a. Assist in the development and implementation of the EZDA Strategic Plan; b. Oversee and monitor the implementation of the goals of the Strategic Plan; c. Identify and recommend to the Bec ways to remove regulatory barriers; d. Identify the financial needs of, and local resources or assistance available to, eligible businesses in the zone; and e. Promote through marketing and advertising the development of the Enterprise Zone. 2. Whether the Board is adequately serving current community needs. The F_ZDA is adequately serving current community needs. 3. A list of the Board's major accomplishments for the preceding twelve month period. EZDA accomplishments for the preceding twelve month pedod include: aD assisting 11 Immokalee businesses in realizing the benefits of the Florida Enterprise Zone program; total dollar value to Immokalee businesses was over $114,000, including $38,000 in sales tax refunds and over $75,000 in sales and corporate tax credits. I~AR 2 § 2003 bo holding 2 Enterprise Zone workshops, explaining the benefits of the program and how to fill out the fonns; a total of 23 people attended these workshops. 4. Whether them is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The EZDA is mandated by Section 290.0056, Florida Statute, therefore no other Board or agency would better sewe this purpose. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. Ordinance No. 95-22, which created the Immokalee EZDA, does not need to be amended. 6. Whether the Board's membership requirements should be modified. The 1=TDA Board's membership does not nccd modification, as its membership requirements are also mandated by Florida Statute. 7. The cost, both direct and indirect, of maintaining the Board. The cost to maintain and service the EZ. DA Board is approximately $5,000 annually, including direct and indirect costs. 0'1/28/2003 12:38 9415928178 I~m~ DER~HG FL~:]:~ 03 111~2a Co I I i wrC'qPuloL ibrar~HQ E392548167 p.3 ANNUAL ADVISORY' BOA,RD REVIEW ~ &dvisory ~ Collmt Courtly Public Library John W. Sones, Director Public Services Division ~ohn Dmmuck. Division Admini$~Mor AUTHORITY: Collier County Ordi~ No. 93--~, · s amm~ded from OrdLum~e No. ~-81 SUMMARY: ~smblish~! in 1957, 0u: Litn~ .a.~v~ Board was charged I~y the Bom*d of Cmmty Commts~imie~s to ~onslantly review Se enjoins progntms sad opemUon~ of our public libra~ s~tem and to direcdy advi~e them of recommended chases and improvement. CURREb~I' MEMBERS: The Board me~s m~ndaly, on ~e 4m Wednesday of the month at 2:00 p.m., iu the ndminisn~w conf~e room oft. he Hmadqumm~ LibrL~, 2385 Oraag~ Blossom Driv.- (corner of Onmge Bl~m i~,,'~ ~ ^' .m:,ort-PuUiug Ro~.) lhtrzuant to Ordinance 3Io. 95-8~. a~ amznd~d, the tmnual report ~-hould conzider: !. b the Ibard serving the purpeoe for which it was cret~d? .Yes. ~ L~{s~ry At~o~ ~o~wd ¢onttantty reviev..~ the operation~, policfe$. proc_~ .~___,~. and general progrm~ o. f rke Lil~y as they relate to the cltizen~. Is the Bonrd mrvin~ comumnity A tl~ ~ me l~anl's maj0e aeeompbbmems SM- me preee~u~ twel~e, emu~ period (Jammo le02-De:ead~* ~ Board ri,embers naivety lobbied m ~ St~ ~l.for t~e eom, meg ~a,on of $tate flmmc~at aid ro C. og~ Corem~. MAR 61/28/2993 12:38 9415926178 ROBB ~IERZI,,IG F"L.ORT~ Jan 2'/ 03 11s~2a ColltmpCoPulaLibr'ar'uHQ 239254816'7 PAGE 83 Board members, worl.'ng wit~ sre~. insured a. F~ Film F~timl ~i. ~pl~ of t~ M~b Is the current ordiBam~ odequatc he allow tho Library Ad~ory Board to complete ils mimiou? Y~. PAe current ordinance i~ adequate, Shoold the Librury Advim3ry Board's membership requlremenls be modified? What is the cost, beth direct and [ncllreet, of ndntafnln! flu ]loud? l'lMre ts no real co~tt. Staff ttme ia tln~ only indirect cost. Thi~ time i~ minimal and wo~ld not exceed 40 hours per t4AR 2 5 2OO3 Memorandum ' To: From: Date: Subject: Judi Bodine, Executive Assistant to the County Manager Lou Vlasho, Chairman Pelican Bay Services Division Board February 11, 2003 Pelican Bay Advisory Board Review The purpose of this report is to comply with Ordinance 86-41, as amended, related to the establishment of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Board. Question #1 Whether the board is serving the purpose for which it was created; The Pelican Bay Services Division of Collier County provides a vadety of valuable services to the Pelican Bay Community. The Division's history goes back to 1974 when the Clam Bay Improvement District (independent) was first established to provide an administrative framework to allow for the orderly development of the area. In 1978 the District was reestablished as the Pelican Bay Improvement District (independent), which existed in that form and name until 1991 when it was assumed by Collier County and renamed the Pelican Bay Services Division. The Division encompasses a total of 2,104 acres and serves approximately 11,000 permanent and seasonal residents. The Division provides a variety of operating services including community appearance, beach cleaning, aquatic system maintenance, street sweeping, street lighting, street sign maintenance, Clam Bay restoration, and security. In addition, the Division also provides capital programs including community wide landscape & irrigation system renovations, U.S. 41 berm improvements, Clam Bay restoration, and landscaping. Over the past f'we (5) years, the Division has invested significant resources in all of these projects, and we believe the Pelican Bay Community have benefited .significantly from all of these capital projects along with the operating programs currently in effect in the Community. To finance its Operating and Capital Programs, the Division levies a combination of non- ad valorem special assessments and ad valorem taxes to fund these services with the Total Budget for Fiscal Year 2003 equaling $4,245,500.00. ~i0 ~ Pelican Bay Services Question ~2 Whether the board is adequately serving current community needs; The Board currently meets on a monthly basis to discuss the needs of the Community, and as the Commission is aware, there are over 5,200 pages of minutes of meetings, that identify all of the issues within the Community. Question A list of the board's major accomplishments .for the preceding twelve- month period; Each year the Division mails to the Pelican Bay Community a letter, which identifies our accomplishments for the past year, and our goals for the upcoming year, and I have included the most recent letter with this report. Question #4 Whether there is any other board or agency, either public or private, which is serving or would better serve the purpose for which the board was created; The Board fully supports the services that are currently provided by the Pelican Bay Services Division, and that the Division provides the public with a uniform, focused and fair alternative for the delivery of basic community services, and that the Board is the best mechanism to insure that the delivery of these services are consistent with the needs and desires of the Public. Question #5 Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which it was created; The Ordinance creating the Board has recently been amended to better serve the needs of the Community by clarifying and delineating Board responsibility. The Board is concerned with Section 8 of the Ordinance, which deals with the election of the Board. Simply stated, the intent of the Ordinance was to establish a Board comprised of eleven (11) members, nine (9) seats which would represent the residential interests in the Community and would be voted on by the residents in the Community, and two (2) seats which would represent the commercial interests in the Community and would be voted on by the commercial interests in the Community. The determination of which category a property would be assigned to, is based on the designation that the Collier County Property Appraiser utilizes for classification. In Pelican Bay, the Registry Resort, although it functions as a hotel, and should be classified as comrnerclal, is currently classified as residential, since the hotel has a declaration of condominium on this property for 474 individual condominium units. This allows the Registry Resort to vote in our upcoming March election, for the residential seats, and thereby controlling a significant number of votes, for seats that was intended to be voted on by residential interests. As a footnote, for this upcoming March election, the Clerk of Courts has indicated to the Board, that he will tabulate the votes for the Commission and report to the Commission the number of votes that each candidate receives from the Registry Resort. Subsequent to the March election, the Board expects to submit to the Board _of__Co_unty Commissioner's 'an Amendment to the Ordinance, which will clear up this problem,.and MAR' Pelican Bay Services the Clerk of Courts has agreed to assist the Board in drafting language to amend the Ordinance for the Commission. Question #8 Whether the board's membership requirements should be modified; Answer noted above. Question #7 The cost, both direct and indirect, of maintaining the board; There are no direct costs associated with maintaining the board, and indirect costs associated with the board are relatively Iow, and absorbed in the normal course of duties by the staff. Pelican Bay Services ANNUAL ADVISORY BOARD REVIEW Collier County Ordinance No. 2001-55 (Review of County Boards) RE: TOURIST DEVELOPMENT COUNCIL STAFF AGENCY: Tourism Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 92-60, as amended. SUBMITTED: January 27, 2003 SUMMARY: The purpose of this report is to provide the Board of County Commissioners a comprehensive update regarding the Tourist Development Council and its accomplishments. Ordinance No. 2001=$5 periodically requires the following considerations to be addressed: 1. Whether the Board is serving the purpose for which it was created. Yes. In order to impose a Tourism Development Tax, the State of Florida mandates local jurisdictions to establish a Tourist Development Council in accordance with Chapter 125.0104, Florida Statutes. The Board adopted Ordinance No. 92-60, thereby establishing the Collier County Tourist Development Council (TDC). The enabling ordinance has been amended on several occasions. 2. Whether the Board is adequately serving current community needs. Yes. The TDC is a nine member advisory board composed of elected officials from Collier County and its municipalities, plus owner/operator and non-owner/operator tourism oriented community leaders. 3. A list of the Board's major accompliskments for the preceding twelve month period. During the last twelve months, the TDC has recommended approval for approximately $ 9 Million in Beach Renourishment projects, and over $3 Million funding of advertising/marketing plans, museums, special museum grants, and special event grants. Grants for FY03 include Marco Island Film Festival ($96,000), Naples Botanical Garden (~500,000), Marco Island Historical Society ($25,000), and the City of Naples 4a of July Celebration ($~0,000). 4. Whether there is any other Board or agency, either public or private, wkick is serving or would better serve tke purpose for which the Board was created. No. This board required by statute. hiAR 2 5 20O3 5. Whether the ordinance creating the Board should be mended to allow the Board to more adequately serve the purpose for which it was created. The Tourist Development Council, upon receiving legal advice from the Office of the County Attorney, has recommended Board of County Commissioners approval of an ordinance amendment to authorize funding of the in-house Tourism Department. The proposed ordinance amendment will be presented to the Board of - ' County Commissioners within 30 days of this report.- ~ 6. Whether the Board's membership requirements should be modified. No. The Board of County Commissioners did modify the membership criteria during the past year, providing for a non-owner/operator vacancy to be f'dled from the Everglades City community after recommendations are made to the Board by that municipality. 7. The cost, both direct and indirect, of maintaining the Board. In past years, the TDC was supported by one full time employee funded by 1% of annual Tourist Development Tax revenue; also, Comer County Tax Collector continues to receive 2% of annual Tourist Development Tax to fund local administration, collection, and enforcement of the Tourist Development Tax program for Comer County. In December 2002, the Board of County Commissioners accepted recommendations from the Tourist Development Council and established an in-house Tourism Department consisting of 3 full time employees to be funded by the Advertising/ promotion allocation of Tourist Development Tax Revenues. The Tourism Department's operating budget will include the funding of the Department, Special Events, Advertising/promotion/marketing, and the Comer County Film Commission. Estimated costs for FY03 will approximate $1.6 Million. NOTE: This report was prepared by D. E. UBI. EU" FF/LLL~ CE, Interim Executive Director, Tourist Development Council and Director, CDES Operations, with the assistance of Tourist Development Council Member Jerry Thirion. On January 27, 2003, the Tourist Development Council unanimously approved the report far submittal to the Board of County Commissioners. EXECUTI SU RY ADOPT A RESOLUTION TO CORRECT A SCRIVENER'S ERROR IN THE ORDER OF TAKING ENTERED BY THE COURT ON APRIL 5, 2000 IN THE CASE OF COLLIER COUNTY V. NORTHSIDE CONSTRUCTION, ET AL. FOR THE CONDEMNATION OF PARCEL 110 FOR THE PINE RIDGE ROAD PROJECT (PROJECT NO. 60111). OBJECTIVE: Adopt a Resolution to correct a scrivener's error in the Order of Taking entered by the Court for Parcel 110. CONSIDERATION: On April 5, 2000, the Court entered an Order of Taking for the condemnation of Parcel 110. In January 2003, the County Attorney's Office was notified of a scrivener's error in the metes and bounds description on Exhibit "A" (labeled page 21 of 66) to the Order of Taking. The sketch of Parcel 110 correctly identifies the property taken. This Resolution will conform the metes and bounds description to the sketch. Exhibit I attached to this Executive Summary depicts the scrivener's error. Adoption of this Resolution will clarify the Board's intent.  rlSCAL IMPACT: Future recording costs will be paid as part of the pending lawsuit. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to correct a scrivener's error on Exhibit "A" (labeled page 21 of 66) to the Order of Taking. Heidi F-~htgn, ~tant Coupty Attorney REVIEWED BV:~'~e--~-~/dricks,~, RO~-'l~i'uisition Manager Date: _~, REVIE BY: ._/x,,,/. ~ t/,-- v c~-'- Date: REVIEWED BY: APPROVED BY: Gregg ~trakaluse, P.E., Director Date: Date: WAR 2 5 2003 pg. PUBLI(;3 WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-0192 LEGAL DESCRIPTION {NOT A SURVEY) lee simple title COMMENCING AT'rilE SOUT! lEAST CORNER OF SECTION 12, TOWNSIlIP 49 SOUTII, RANGE 25 EAST COLLIE[~ COUNTY, FLORIDA. SAID POINT OF COMMENCEMENT BEING Tile CENTERLINE INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND PINE RIDGE ROAD (C.IL BBO); TIIENCE NORTII 0 DEGREES 17 MINUTES 03 (~ .,~'~. ~~ SECONDS WEST ALONG TilE HAST LINE OF SAID SECTION 12, A DISTANCE OF 75.00 FEET; TiIENCE NORTil B9 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING; TIIENCE NORTII 0 - ~ DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LYING 30 FEET ~'~A~T, AS MEASURED PERPENDICULAR TO,SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245.71 FEET; TIIENCE~NORTI_~B9 DEGREES 32 MINUTES lB SECONDS,WEST~ A DISTANCE OF 187.4 $ FEET TO TI IE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO Ti IE EAST, i lAVING A RADIUS OF 5806.33 FEET, A CENTRAL ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, ANt;) A CIIORD OF 207.07 FEET BEARING SOUTIi 9 DEGREES 22 MINUTES 52 SECONDS EAST; 'FIIENCE SOU3~ ALONG SAID CURVE. A DISTANCE OF 207.09 FEET TO Tile POINT OF CURVATURE OF A REVERSE CURVE. CONCAVE TO TI IE WEST, I lAVING A ItADIUS OF 5686.33 FEET, A CE~ ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CIlOI~D OF 608.36 FEET BEARING SOUTII 7 DEGREES 20 MINUTES i I SECONDS EAST; THENCE SOU'FI[ ALONG SAID CURVE. A DISTANCE OF 608.66 FEET; TIIENCE SOUTil 0 DEGREES 17 MINUTES 03 SECONDS EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE OF 21.06 FEET, TIIENCE 89 DEGREES 3 ! MINU'i33S I.,~SECONDS L~ ~T, A DISTANCE OF 385.04 FEET; TIIENCE 00 DEGREES 17 MINUTE~]~ECONDS E/tST A DISTANCE OF I0.00 FEET TO ~ RIGIlT OF WAY LINE OF~tFORESAID PIN E RIDGE ROAD; TIIENCE SOUTH 89 ES 31 MINUTES ! 5 SE,~NDS EAST ALONI ] SAID NORTII RIGI IT OF WAY LINE, A DISTANCE OF 480.05 FEET/TO TIlE POINT OF BE HNNING; SAID DESCRIBED TRACT CONTAINING 3.253 AC.,I~ES { 141,69 I) SQUARE FEI TI, MORE OR LESS. BASIS O.F BEARIN ,O8'1S TilE EAST LINE OF SEC :ION 12 BEING NORTIi 00 DEGREES 17 MINUTES 01 SECONDS WEST. ~ AGENDA ITEI~ ,-' PARCEL 11o NO. ! ' MAR 2 5 200 ( Pg' ~ PREPARED BY~~:..DA. TE.. EXHIBIT ~,"GEORGE R. RICHMOND. '. .... · PROFESSIONN. LAND SURVEYOR-Ftc- REG., 2406 ' I "l' PUBUC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIt. · ~ NAPLES. FLORIDA 34112 .... SHEET 1 OF 2 RESOLUTION NO. 2003- ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO CORRECT A SCRIVENER'S ERROR IN THE METES AND BOUNDS DESCRIPTION ATTACHED TO THE ORDER OF TAKING ENTERED BY THE COURT ON APRIL S, 2000 FOR THE TAKING OF PARCEL 110 IN THE CASE OF COLLIER COUNTY V. NORTItSIDE CONSTRUCTION, ET AL. WHEREAS, on April 5, 2000, thc Circuit Court entered an Order of Taking for Parcel 110 in the case of Collier County v. Northsid~ Construction, et al., Case No. 00-0136-CA; and WHEREAS, the sketch for Parcel 110, contained in composite Exhibit "A" 0abeled page 22 of 66) correctly depicts the property intended to be taken for Parcel 110; although the directional calls for the parent tract shown on the sketch, while correct as to azimuth bearing and distance, are not consistently made in a clockwise or counterclockwise direction; and WHEREAS, thc Board of County Commissioners has been advised that the metes and bounds description of Parcel 110 contains directional call errors, and does not reflect the property depicted on the sketch; and WHEREAS, the Board of County Commissioners intended to take the property depicted by the sketch; and WHEREAS, the Court has suggested that the Board of County Commissioners clarify by resolution that what is shown on the sketch is an accurate depiction of the parcel it intended to take; and WHEREAS, it is the Board's desire to clarify the record by correcting the scrivener's error contained in the wfiuen legal description. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COl .l.mR COUNTY, FLORIDA, that: 1. The County intended to take the property depicted by the sketch contained in Exhibit "A" for Parcel 110. 2... The metes and bounds legal description described on the attached Exhibit "B" is the corrected metes and bounds description for Parcel 110, and it describes the property depicted by thc sketch of Parcel 110. 3. The corrected legal description on attached Exhibit "B" is the corrected metes and bounds legal description of the property the Board of County Commissioners intended to describe and take for Parcel 110 at the Order of Taking hearing. ADOPTED this vote favoring adoption. day of ,2003 after motion, second and majority ATILT: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl l.r~ COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, Chairman Approved as to form and I~eidi F. A~hton Assistant County Attorney ~GEND I-EM NO. ~ MAR 2 5 2003 t....,...,.,..,,,.~. PUBL,/C }FOR/CS ENG/NEER/NG DEPARTMENT 3501 EAST TAIdlAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 ; SI(ETCH OF DESCRIPTION ' ' IS.89'32'18"E 480.05' , CURVE~ ~ 3,.<, Curve number ] I NO. 2 Radius = 5686.33' I /x = 06'07'58'I z z Arc = 608.66' Chord = 608.36' Chord Brg. $.07'20'11'E. .I Curve number 2 Rc~dlus = 5806.33' ~o ~ = 0~'0~'37' ,n Chord = 207.07' ~ Chord Brg, S,09'~2'52'E. ~ PARCEL 110~ 5.45'06'14"W.~ I 21'06' ~ ~o.oo,~ s.~'3~'~s"[. 4ao.os' PINE RIDGE ~0~--~75.00' CR-896 (150' R/W)~ M ; ~ P 0 C A~ENDA'iTE GENER~ NOTES L 1) P.O.C. Indlco~es Point oF Commencemen~ - 3) Sec. Indicates Section 4) T~p. Indicates Township 5) ROe. Indicates R~nge Pg. 6) R/W In~lc~es Right-of-way 7) Al{ distances ~re in Feet ~nd declm~ts thereof G) ~e~lngs ~e b~sed on ~he E~st tine of s~ld Section I3 as being N,00'I7'33'W, 9) Not v~Ud un~ess signed arid sealed with ~he embossed se~t of the p~oFesslon~t I~nd su~veyo~ ~ 'E X H I B I T I TI41S IS ONLY A SI(ETCH - ~ J ' NDT TO SHEET 2 OF 2 L.H.R. SCALE 11-30-9B 110 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34112 (239) 659-5'/73 PRO/ECT NO.. FOUO NO... LEGAL DESCRIPTION (NOT A SURVEY) PEK SiblPLE TFI'LE COMMBNCmO AT THE SOUTIIEAST COIU~R OF SECTION 12, TOWNSIllP 49 SOUTH, RANGE 2S EAST COLLIER COUNTY, FLORID/k SAID POINT OF COMM~NL"I~MENT BEING Tile CEHTERLINB IICI'RESECTION OF LIVINGSTON ROAD (C.IL Itl) ~ FINE gdDOE ROAD (C.R. tlf); TIIENCE NORTH 0 DEGRHES 17 MINtH*ES 63 SECONDS WEST ALONG TItE EAST LINB OF SAID SECllON 12, A DISTANCE OF 15.0D FEET; I*IENCH NORTH Ig DEGREES 31 MINUTES IS SECONDS WEST, A DISTANCE OF 30.00 PEET TO TilE POINT OF BEOINNINO; THENCE NORTH fl DEOREES I? MINUTES 03 SECONDS WEST ALONG ALINE LY1NO 20 FEET WEST AS MEASURED FERPENDICULAR TO,SAID EAST LINE OF SECTION Il, A DISTANCB OF 12¢~i.'/I PEET; TI'IENCB NORTI! [9 DEGREES }2 MINUTES I! SECONDS WEST, A DISTANCE OF 187.45 I~ET TO ~ POINT OF CtHI. VATURE OF A NON-TANGENT CURVE, CONCAVE 1'O THE EAST, SAVING A RADIUS OF $[0~.13 FEET, A CEN'H~M, ANGLE OF 2 DEGREES 02 MINlYFES 37 SECONDS, AND A CllORD OF 201.07 FEET BEARING SOUTR 9 DEGREES 12 MINUTES S2 SECONDS EAST; THENCE SOUTll ALONG SAID CURVE, A DISTANCE OF 201.09 FEET TO TIlE POINT OF CURVATIJIU~ OF A REVERSE CURVE, CONCAVE TO THE WEST, IIAVINO A Ila~DIUS OF ~1686.:!1 PEET, A CENTRAL ANGLE OF 6 DEOP. EI~ 01 MINUTES 118 SECONDS, AND A ClIORD OF 608.16 PEET BEARING ~ ? DEGREES 20 MINUTES I I SECONDS EAST;'I'H~NCE $OUTI! ALONG SAID ClJRVE, A DISTANCE Of fd}8.65 PEET; THENCE SOUTH 0 DEGREES !? MINUTI~ 0] SECONDS EAST, & DISTANCE OF 41].116 ~EET~.TIIENCB · SOU'I'I! 45 DEGREES O~ MINUTES 14 SECONDS WE~T. A DISTANCE OF 21.06 FEET, 1'HENCE NORTI! S9 DEGREES )I MINUTES I] SECONDS WE51', A DISTANCE OF 1S$.04 PEET; THENCE · SOUTH 00 DBOREE~ 11 MINUTES I] SECONDS BASf'& DISTANCE OF lO.OO FEET TO ~ NORTH RIOIIT OF WAY LINE OF AFORESAID PINE NDOE ROAD; TIIENCI! SOUTH 89 DEGREES 31 MINUTES IS SECONDS EAST ALONG SAID NORTH IUGIIT OF WAY LINE, & DISTANCE OF 480.~ FEET TO TIle POINT OF BEGINNING; SAID DE.~RHIBD TII. ACT CONTAINING ].!SI AI:XUiS (141,691} SQUAR~ PEET}, MORE OR LESS. BASIS OF BEARINO-q IS TIlE EAST UNE OF ~CTION I~t BEING NORTH O0 DEGREES I1 MINUTI~ 03 SEEOND[ WEST. AG£~ .~~ ~ ~0,_ HA[ 2 5 2003 Pg. --.. ~..~ ~ PREPARED B DATE.. ..... : s: X N I B I T GEOnOE R. R.=HMOND j ~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 SOUTH HORSESHOE DRIVE ~ NAPLES, FLORIDA 34104 SHEET 1 OF 2 PUBLIC ;FORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA .]4112 (941) 774-8192 ; SI<F. TCH OF DESCRIPTION cusvE~ Curve number ! NO. 2 , Radius = 5686.33' ~ = 06'07'58' Ape = 608.66' Chord = 608.36' Chord Brg, ~.07'~0'11'E, Curve number ~ R~dlus = 5806.33' ~ ~ = 02'02'37' ~n Chord = 207.07' ,~ ~RV~ ~ o ' PARCEL 110~ I ~ ~.O.B. 385.04' GENERAL qOTES 1) P.O.C. ~dlc~es Poln~ o? Commencemen~ 3) Sec. Indicates Section 4) Twp. Indic~es Township 5) Rge. ~dlc~es Ronge 6) R/~ ~dlc~es Rlgh~-o?-w~y ~ ' AGENDA]TEM 7) Att dls~onces ~pe In Fee~ ~nd decliners ~hereoF 8) Beepings ~pe b~sed on the East tine oF s~ld · 9) Not v~tld untess signed ~nd seated ~lth ~he embossed se~i of ~he proFesslon~t rand surveyor THIS IS ONLY A SKETCH 187.45 CURVE~ ~ NO. 2 CURVE ~ I PARCEL 110% S.45'06'14"W.--t o. 21.06' 385.o4' $.ag'31'lS"E. 480.05' EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE ORIGINAL APRIL 10, 2001, AND PREVIOUS JULY 30, 2002 AMENDMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSENT ORDER RELATED TO VARIOUS WASTEWATER PROJECTS, 73077, 73158, 73164, 73949, AND 73950, AT NO ADDITIONAL COST. OBJECTIVE: To obtain Board approval to extend the completion dates for the North County Water Reclamation Facility (NCWRF) Flow Equalization Tanks (FET) project (73077), the South County Water Reclamation Facility (SCWRF) Expansion To 16-million gallons per day (mgd) Maximum Month Average Daily Flow (MMADF) project (73949), the NCWRF Expansion To 24.1-mgd MMADF, project (73950), and the NCWRF Expansion To 30.6-mgd MMADF project (73950). Additionally, to add the Infiltration and Inflow (I&I) Study (73158), and the Palm Drive/Davis Boulevard Force Main project (73164) as directed by the Florida Department of Environmental Protection agency (FDEP). Finally, to increase the allowable sewage treatment capabilities of the NCWRF Aeration Basins, rather than reserving portions of them as flow equalization. All of the aforementioned provisions are to be made part the proposed Amendment to the Consent Order. CONSIDERATIONS: On April 10, 2001, Item 8 (C)(1), and July 30, 2002, Item 16 (C)(16), the Board and the FDEP signed a mutually agreed to Consent Order and an Amendment To The Consent Order, respectively, that required that the projects listed above are placed into operation by specific mandated completion dates as outlined in the table below. Since the mutual approval and signing of the aforementioned documents, permitting and other unforeseen project delays have occurred that preclude the projects from achieving completion by the mandated dates. The County and the FDEP have mutually agreed to extend the completion dates for all the projects listed above. The new completion dates are proposed as shown in the accompanying table below and are included in the attached Amendment To Consent Order: Project Former Completion Dates Via New Completion Dates Via Original or Previously Amended Proposed Amendment To Consent Order Consent Order NCWRF FET October 31, 2003 March 31, 2004 Project 73077 Palm Drive/Davis Blvd Force Main Not Applicable - New June 30, 2003 Project 73158 Requirement l&I Study Not Applicable - New December 31, 2006 Pr. ,ject 73164 Requirement NCWRF Expansion To 24. l-mgd MMADF January 1, 2005 September 30, 2005 Project 73950 NCWRF Expansion To 30.6-mgd MMADF January 1, 2010 January 1, 2016, or one year prior Project 73950 to need of capacity. SCWRF Expansion To 16-mgd MMADF October 31, 2004 January 31, 2005 Project 73949 NCWRF Four Aeration Basins Use Up To Three of Four Aeration Use All Four Aeration Basins For No Project Number Basins For Sewage Treatment Sewage Treatment Purposes, Purposes, Rather Than As Flow Rather Than As Flow, Equalization. Equalization. ^c~ ntj~_T ~ ~ PIAR 2 5 2003 Approve Amendment To FDEP Consent Order Page 2 Staff realizes that a Consent Order ending in Year 2016 is not necessarily a preferred recommendation to the Board. However, since this Consent Order is based on the credibility of Collier County to deliver facilities as promised and agreed to by both parties, staff believes that it is prudent at this time to extend the untimely 5-mgd Expansion (Expansion To 30.6-mgd MMADF) from Year 2010 to 2016. Staff fully intends to go forward to FDEP in Year 2005 to get this requirement dropped completely from the Consent Order when we have further demonstrated our resolve. The proposed changes will not affect the County's ability to meet projected peak sewage demands and will ensure that the projects are completed by the amended dates mandated by the FDEP. All of the referenced projects are budgeted appropriately. Future projects will be budgeted in the appropriate fiscal years. Therefore, staff recommends that the Board approve, and allow the Chairman to sign the Amendment To Consent Order. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: This work is consistent with the 2001 Wastewater Master Plan adopted by the Board on December 11, 2001, Item 8(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Chairman to sign this Amendment to the FDEP April 10, 2001 and its July 30, 2002 Amendment to the Consent Order related to Projects 73077, 73158, 73164, 73949, and 73950, respectively, at no additional cost. Peter Schalt, PMP, Project Manager Public Utilities Engineering Department REVIEWED BY: 10 la... DATE: '7. ~'- / ~ f Ton~ P~lm~r, Xssistant County Attorney County Attorney's Office JOsEph B. Cheatham, Wastewater Director Public Utilities Division wi'lliF i-fi.'r :ni , P.E., PrincipTl Project Manager Public Utilities Engin~g Department REVIE~VED BY: Roy,. Anderson, P.E., Director iic Utilities Division 14AR 2 5 2003 Jeb Bush Department of Environmental Protection COPY CERTIFIED MAIL NO.: 7001 2510 0001 8803 3122 RETURN RECEWr REQUESTED South District P.O. Box 2549 David & Struhs Fort Myers, Florida 33902-2549 Secretary The Honorable Tom Henning, Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Re: Collier County - DW OGC Case No. 01-0552-11-DW Collier County North Regional FL0141399 Dear Chairman Henning: Enclosed is the proposed amendment to the Consent Order to resolve the above referenced case. Please sign this copy and return it to the Department within thirty (30) days. If you have any questions please contact Keith Kleinmann at (239) 332-6975, ext. 182~. Your cooperation in resolving this case is appreciated. Sincerely, Richard W. Cantrell Director of District Management RWC/KK/cap Enclosure "More Protection, Less Process" Pnnted on recyc~ NO. MAR 2 § 2003 PG. ~.~ BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, VS. CO! l.mR COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) IN THE OFFICE OF THE SOUTH DISTRICT OGC FII~E NO. 01-0552-11-DW AMENDMENT OF CONSENT ORDER The State of Florida Department of Environmental Protection ("Department") and the Collier County Board of County Commissioners ("Respondent") having entered into a Consent Order in OGC File No. 01-0552-11-DW ("Consent Order") to reach settlement of certain matters at issue between the Department and Respondent, desiring to enter this Amendment of the Consent Order ("Amendment") to allow the below-described time extension to obtain a Wastewater permit from the Department to increase the disposal capacity of the North Facility, and to address the inflow/infiltration concerns at the North and South Facilities, the Department finds and Respondent admits the following: 1. The below-described time extension is appropriate because the permitting process has created unexpected delays in the construction schedule. Wherever the completion time is indicated in months from a particular event (i.e., from receipt of permit), the due date for completion of that particular activity will be considered the end of the month of the resultant activity. M,A,R 2 5 2003 OGC File Number: 01o0552-11-DW 2. All of the paragraphs in the original Consent Order that are not amended below shall remain in full force and effect. Having reached a resolution to the matter, the Department and the Respondent mutually agree, and it is, ORDERED: 3. The following paragraphs will substitute for paragraphs 7, 12, 13a, 13b, 13c, 15, and 16 in the above referenced Consent Order. 12. 13a. The Department may approve, upon written request from the Respondent, the use of the four-oxidation ditches of the 5 MGD expansion for treatment. Department approval to use the oxidation ditches for treatment will be on a case-by-case basis. Upon completion of the requirements of paragraph 12 (below), approval from the Department to use the 5 MGD expansion for treatment will no longer be necessary. Respondent shall complete the construction of the flow equalization/surge tanks, referenced in paragraph 11 in the original Consent Order, by March 31, 2004. Respondent shall submit a comprehensive review of the County's current collection system and facility capacities. The review shall include but not be limited to an analysis of the Respondent's currently allocated flows, existing flows and future wastewater flows. This analysis shall be performed using accepted engineering principles. The analysis shall be signed and sealed by a professional engineer registered in the State of Florida. The comprehensive analysis shall be submitted to the Department by October 1, 2001. Respondent shall also submit annual capacity 2 .o. MAR 2 5 2003 PG..,., OGC File Number: 01-0552-11-DW analysis reports for both facilities beginning July 1, 2002 and lasting until July 1, 2005. 13b. Respondent shall conduct a comprehensive inflow/infiltration (I/I) study addressing the North and South Sewer Service Areas, and submit the results to the Department by December 31, 2006. The Respondent shall conduct any operations and maintenance measures that are needed to correct the I/I problems in order to prevent additional violations. 13c. Respondent shall submit an application for the design of the Palm Drive and Davis Boulevard Force Main for the correction of the I/I problems in the surrounding collection and transmission system. This application shall be submitted within thirty (30) days of the signed date of this Consent Order. The construction of this System shall be completed by June 30, 2003. 15. Respondent shall certify complete 5 MGD of the expansion to the North Facility, referenced in paragraph 14 of the original Consent Order, and place 5 MGD of the expanded facility into operation by September 30, 2005. Respondent shall certify the additional 5 MGD of the expansion to the North Facility, referenced in paragraph 14 of the original Consent Order, complete and place the additional 5 MGD of the expanded facility into operation by January 1, 2016 or one year prior to a projection of the facility exceeding capacity which ever comes first. 16. Respondent shall complete an expansion of the South Facility to 16 MGD maximum monthly flow within thirty three (33) months of the issuance of the required Department permits. 3 HAR 2 5 2O03 OGC File Number: 01-0552-11-DW 4. Respondent waives its right to an administrative hearing afforded by Sections 120.569 and 120.57, Florida Statutes, on the terms of this Amendment. Respondent acknowledges its right to appeal the terms of this Amendment pursuant to Section 120.68, Florida Statutes, but waives that right upon signing this Amendment. 5. Persons who are not parties to this Amendment, but whose substantial interests are affected by this Amendment, have a right, pursuant to Sections 120.569 and 120.57, F.S., to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (O A statement of which roles or statutes petitioner contends require reversal or modification of 4 n0. Ac~'~ IZ~' HAR 2 5 2003 OGC File Number: 01-0552-11-DW the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, F.A.C. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and no. HAR 2 5 2003 OGC File Number:. 01-0552-11-DW by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. 6 PIAR 2 5 2003 OGC File Number: 01-0552-11-DW As provided in section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative heating processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 6. This Amendment is final agency action of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Heating is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Amendment will not be effective until further order of the Department. 7 N0. ^c~}~ ~,~ 2 5 2003 OGC File Number: 01-0552-11-DW FOR THE RESPONDENT: Collier County Board of County Com~aissioners Tem Henning DATE Chairman Please do not write below this line. For DEP use only. Florida. DONE AND ORDERED this ~day of 2003, in Fort Myers, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Richard W. Cantrell Director of District Management FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to §120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date RWC/KK/cap MAR 2 § 2003 p~. ti EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE $192,000 IN LEGAL SUPPORT TO BE PERFORMED BY CARLTON FIELDS UNDER THE EXISTING CONTINUING SERVICES CONTRACT FOR CONTINGENT GROWTH MANAGEMENT SERVICES IN SUPPORT OF TI-IE CHECKBOOK CONCURRENCY LDC AND GMP AMENDMENTS, TRAFFIC IMPACT VESTING PROCESS AND DEFENSE OF CHALLENGES TO THE NOTICE OF INTENT BY DCA TO FIND THE RURAL FRINGE AMENDMENTS IN COMPLIANCE, AND TO APPRISE THE BOARD OF THE WORK PROGRAM FOR DEVELOPMENT OF LDC TO IMPLEMENT THE FINAL ORDER AMENDMENTS TO THE GMP. OBJECTIVE: To apprise the Board of the work program tasks/costs associated with the development of the Rural (Eastern) Lands and Rural Fringe Amendments implementing LDC, including the Rural Lands Stewardship Area (RLSA), Stewardship Credit program and the Transfer of Development Rights (TDR) program for the Rural Fringe Assessment Area ($270,525). Also, to secure approval of supplemental fimding for legal and consulting services associated with the challenges to the Rural Fringe Amendments, FY03 Rural (Eastern) Lands; GMP amendments development, adoption and compliance process in the amount of $192,000. BACKGROUND: The Board adopted the Rural Fringe Assessment Area GMP amendments on June 19, 2002, which were found in compliance by DCA on August 28, 2002. The finding of in compliance was challenged by two affected parties on September 16, 2002, which resulted in two weeks of administrative hearings before a DOAH Administrative Law Judge. The ALJ is expected to rule on the challenges in late April 2003. Thc Board adopted the Rural (Eastern) Lands Assesment Area GMP amendments on October 22, 2002, which were found in compliance by DCA on December 18, 2002. The DCA finding of in compliance was not challenged and the Rural (Eastern) Lands Amendments became effective on January 15, 2003. The Rural Lands Stewardship Area (RLSA) Overlay Stewardship Regulations to enable the establishment of Stewardship Sending (SSA) and Stewardship Receiving Areas (SRA) have been entered into the 2003 LDC Cycle I schedule for adoption on June 18, 2003. The Board gave policy direction to the County Manager and staffat it's regular meeting of May 1,,, 2002 and at a workshop on September 27, 2002 which resulted in the final adoption of extensive amendments to the Capital Improvement Element and Transportation Element of the GMP to enable the implementation of the first phase of a transition to real-time checkbook concurrency for roads by the adoption of amendments to Division 3.15 of the LDC on January 8, 2003. Implementation of Division 3.15 LDC includes the completion of a traffic impact vesting affirmation review process for certain previously approved developments during the first half of 2003. The review proc~s ~---AGENDA---'~'"' '--"'"'--'ITEM underway, t No. , ~ .~ ! 2 5 003 CONSIDERATIONS: During the development of the FY03 County Budget, the preparation of LDC to implement the technically complex Rural Fringe and Rural (Eastern) Lands GMP amendments to fulfill the requirements of the Final Order was planned and budgeted with a total approved budget for outside legal and consultant services of $348,747 within the Comprehensive Planning Section. The work program (attached) for completion of this project has been costed out by task and timing for entry into the three 2003 LDC Amendment Cycles by Carlton Fields at $270,525, utilizing the legal and technical staffof Carlton Fields, Jim Nicholas, PhD., and RWA, Inc. as sub-contractors for specific tasks working with County staff. The balance of $78,222 will be further reduced by two small outstanding contracts for services in support of the Golden Gate Area Master Plan Restudy and the Smart Growth Community Character Committee which will not exceed $40,000. This supplemental funding request is for fees previously incurred under our continuing services contract, as outlined in the attached memorandum of February 24, 2003 from Nancy Linnan, Esq. of Carlton Fields, and estimates for the identified continuing projects during the remainder of FY 03. The portion of fees associated with the checkbook concurrency GMP amendments and LDC has previously been appropriated in the adopted Road & Bridge Fund (101 ) budget. FISCAL IMPACT: Approval of these works tasks will amount to $192,000. The sources of the $192,000 are as follows: MSTD General Fund (111) Reserves - Concurrency Management (101) adopted budget - Total $96,000 $96,000 $192,000 GROWTH MANAGEMENT IMPACT: This funding is needed to implement Growth Management Plan amendments Ordinance Nos. 2002-60; 2002-54; and 2002-32. STAFF RECOMMENDATION: That the Board approve the request totaling $192,000 and endorse the attached Work Program for the development and adoption of LDC to implement the Rural Fringe and Rural (Eastern) Lands GMP amendments including the Transfer of Development Rights (TDR) program, Stewardship Credits program and the establishment of Stewardship Sending (SSA) and Stewardship Receiving Areas (SPA), and approve the necessary budget amendment. Attachments ..... AG~.NDA-i.j. EM No. ,/0 .,...~ I','IAR 2 5 2003 Pg. Attachments PREPARED BY:S (~rehensive Planninfi~7~7%~ REVIEWED BY: Denny Baker Fina~c"~a ~,lnlin. ar~ Housing Director REVIEWED BY: Donal~c~tt, AICP Trans~ ~ion P~nni ~_~er APPROVED BY: ~I~ ~"s~'-hn~itt, ~ dministrator ? Community Dev. & Environmental Services DATE: ~'" /.,?"'~$ DATE: DATE: 5-17- C~ DATE: HAR 2 5 2003 CARLTON FIELDS MBMORANDUM To: Stan Litsinger From: Nancy Linnan Date: February 24, 2003 Re: Collier County Billing Via E-Mail stanlitsinger@colliergov.net Pursuant to your request, below is the breakdown of fees and costs billed to Collier County on the APFO/Concurrency, Eastern Lands/Rural Fringe, Fringe Challenges and General Comprehensive Plan matters this fiscal year. We have not yet billed Collier County on the Takings case (the Circuit Court lawsuit) or the Assessment Land Development Regulation files. Total Matter Fees Costs Fees/Costs Fringe Challenges APFO/Concurrency Eastern Lands/Rural Fringe General Comp Plan Matters Total Billed this Fiscal Year $87,439 $12,514.23 $45,091 $ 482 $70,113 $ 7,155 $ 99,953.23- $ 45,573 $ 77,268 $ 7.823.29* $230,617.52 * Balance after separating APFO/Concurrency, Eastern Lands/Fringe matters from Comp Plan file. As to fees for the remainder of fiscal year, I am totally guesstimating but I would think the Fringe Challenges could possibly come to $40,000. I say that because I know we have the Proposed Recommended Order to finalize (no transcript yet) and we are discussing the possible settlement of the mining issues that could, in turn, generate an amendment to the comp plan. That is why I suggest that number. Frankly, anything dealing with Lester seems to take more time. If a settlement does not proceed, the amount will be less here but the Takings case will cost more. For the APFO/Concurrency matter I would put down $50,000 because it would involve the comprehensive plan amendments, any potential land development regulations and the work in gathering the data on what is vested. Based on your phone call yesterday, I put Jack in contact with Don Scott and Susan Murray to make immediate arrangements to gather data on the DRIs and PUDs. We will create a separate concurrency/vested data file so you can charge back to Traffic. ' MAR 2 5 2003 TAI~527837.1 The Eastern Lands/Rural Fringe is actually billed within General Comprehensive Plan matters. I do not expect that much separately on this. Work on the Eastern Lands will now shift to the LDR file and work on the Rural Fringe is either going to be LDR or Fringe Challenges. Nonetheless, just in case something unusual pops up, I put down $5,000. Finally, General Comprehensive Plan matters has covered more than just Eastern Lands and Rural Fringe. I have gotten involved in everything from Heritage Bay to Mirasol. I am putting down $15,000 to cover any other miscellaneous matters like that. Call if you have questions. TAL~527837.1 NAR 2 5 2O03 WORK PROGRAM Collier County Land Development Code Revisions For Fringe Area and Eastern Lands Amendments Overall Aooroach Work with Collier County to develop work program; isolate portions of program that will be prepared/carded out by County staff, Carlton Fields, sub consultants. Contract with sub consultants RWA (Bob Mulhere) and Dr. Jim Nicholas for work on the Fringe Area LDCs and contract with RWA for work on the Eastern Lands LDCs. Liaison with WilsonMiller to determine timing and work products from WilsonMiller on Eastern Lands LDCs. In order to meet required approval deadlines for the LDC, both the Eastern Lands and Fringe Area LDCs will be prepared in sections that will be processed during the two regular amendment cycles plus a special cycle. The cycles are: Cycle I: January 24 - June 18, 2003 Cycle II: (Approximate) May - October 2003 Cycle III: August 15, 2003 - January 7, 2004 Eastern Lands - For Eastern Lands, the work effort will be divided into three sections: procedural issues, design standards and the environmental requirements as set out in the Group 5 policies. ao The first section will address procedural issues for both stewardship sending areas (SSAs) and receiving areas (SRAs). This would deal with the mechanism of how credits are transferred, conservation easements are created and the process of designating SSAs and SRAs. This would be targeted for initiation in Cycle I. WilsonMiller, representing the proposed developers of Ave Mafia Community and College, has agreed to prepare a first draft of the Eastern Lands LDCs. Carlton Fields and RWA (Bob Mulhere) would then refine the initial draft with input from County staff and stakeholders, especially with regard to procedures for receiving and transferring credits, submittal requirements for staff review and BCC designation of SRAs. TAL~527117.2 The second section will address design standards for SRAs and protection measures for the development that could occur - specifically the standards for Villages, hamlets, towns, etc. Specific focus in the form of a case study should be toward the Ave Mafia Community and College. Again, WilsonMiller should prepare the initial draft. RWA would then refine the draft LDC with i Carlton Fields and County staff. This section would begin in Cycle III for adoption. Co The third section will address the environmental requirements set out in Group 5 of the Eastern Lands policies and will be addressed concurrent with the major Fringe Area policies during the Cycle H. (See below) County staff should work with WilsonMiller as necessary to incorporate mapping of Eastern Lands data layers into the County GIS system and produce a Natural Resource Map Atlas. This work, if not already accomplished, will need to be finalized during the first quarter of calendar year 2003. Frin~,e Area - For the Fringe Area, the work effort will be divided between RWA as the primary sub consultant and Dr. Jim Nicholas who will work specifically on the TDR issue. ao The majority of the Fringe Area LDC provisions, except for TDRs, along with issues addressed by County staff, will be processed during the Cycle II. These provisions are as follows: TALR527117.2 Alternative alignments of east-west roadway connecting CR 951 to an extension of Wilson Boulevard. (County staff) Sending Lands Boundary Adjustments (County staff) Section 24 Red cockaded woodpecker assessment (County staff or biologist) Sending, Receiving and Neutral Land Parcel Identification Maps (County staff) The Rural Fringe Mixed Use District (RWA) Urban Residential Fringe Subdistrict Density (RWA) Residential In-fill (RWA) Density Blending Provisions (RWA) Essential Services within Sending Lands, NRPA Overlays, and Conservation Designated Areas. (RWA) Agricultural Uses and Clearing within Sending Designated Lands Conservation District (RWA) CCME Based Amendments/Tasks - In order of Priority (RWA) · NRPA Overlays · Protection of Native Vegetation Communities (Objective $. 1) Potable Water and Sanitary Sewer Sub-Element Based Amendments/Tasks - In order of Priority (RWA) · Rural Transition Water and Sewer Maps · Rural Transition Water and Sewer Amendments Other Amendments/Tasks Based Upon Adopted Rural Fringe Area Portion for the Rural and Agricultural Assessment Process. (RWA) ~l~ MAR 2 5 2003 Public ao TAI.~527117.2 Def'mitions - Amend Division 6.3 with the following definition additions/revisions (RWA): Affordable Housing (redefined if necessary) Workforce Housing Transfer of Development Rights Rural Village Natural Resource Protection Area (NRPA) Rural Transition Water and Sewer District Zoning Atlas Amendments: The applicable zoning atlas maps will need to be amended to reflect the following: (County staff) Rural Fringe Mixed Use Zoning District Boundaries Sending Designations Receiving Designations Neutral Designations Noah Belle Meade Overlay Boundaries Natural Resource Protection Area (NRPA) Overlay Boundaries RWA will need assistance from Jim Nicholas to incorporate a process for monitoring and tracking transfers of development rights. In order to provide a basis for decisions regarding the establishment of a TDR "bank" and/or whether Collier County will make an initial purchase of TDRs, the County will coordinate two workshops - one for stakeholders and the second for the County Commission. Jim Nicholas will conduct the workshop to gain direction on administration, tracking and monetary support for the TDR program. He will then provide his recommendations to RWA for incorporation into Bob Mulhere's draft of the LDC. Dr. Nicholas, along with Carlton Fields and County staff, will review and edit the draft LDCs prepared by RWA. Although this work will be on going during the year, the TDR portion of the LDC will be processed in Cycle III. Hearings/Meetings Assume seven public hearings/meetings for each cycle. Presentations would occur before the following committees/commissions: EAC - Environmental Advisory Committee (1) DSAC Sub-Committee - Development Services Advisory Committee, sub- committee. (l) DSAC - Development Services Advisory Committee (1) CCPC - Collier County Planning Commission (2) BCC - Board of County Commissioners (2) MAR 2 5 2003 In addition, for the Fringe Area only, Jim Nicholas will conduct two workshops on TDRs before a "stakeholders" group (appointed by the Board of County Commissioners) and before the Board of County Commissioners. The meetings will be coordinated by County staff and conducted by Dr. Nicholas to provide direction on administration, tracking and monetary support for the TDR program. Carlton Fields, RWA (Bob Mulhere) and County staff will also attend these workshops. Costs The costs reflected below are maximum costs developed for budgeting purposes. The costs assume that each consultant will be at every scheduled public hearing (21) and both TDR workshops. We do not believe this will be the case. We believe the actual costs will be less thanthat shown below. 7. Eastern Lands Carlton Fields a. Fees: Eastern Lands Sullivan @ $190/hr. 2. 3. 4. Coordination/Development of subcontracts, liaison with County and subcontractors o 10 hours Preparation and/or editing of LDCs prepared by WilsonMiller on procedural issues o 35 hours Review and editing WilsonMiller and/or RWA preparation of design issues - 40 hours Attend hearings/mtgs (incl. travel time) - 101 hrs. [ Note: A total of 21 hearings during 3 cycles @ 8hrs/hmg. = 168 hrs. 60% of the heatings attributable to Eastern Lands (101 hrs) and 40% to Fringe Area (67 hrs)]. Nancy Linnan @ $250/hr. 1. 2. 3. 4. 5. Review of subcontracts - 2 hrs. Assist in reviewing LDC procedural issues - 16 hrs. Review of LDCs for design issues - 20 hrs. Other coordination with County staff - 10 hrs. Attend hearings/mtgs (incl. travel time) - 101 hrs. TAL~5271 ! 7.2 Summary_ Fees: Sullivan- 186 hfs @ $190/hr ......................... $35,340 Linnan - 149 hrs @ $250/hr ............................ $37,250 $72,590 IwlAR 2 b. Expenses: Copy costs - Est .................. Telephone - Est ................... Travel - [See Note] ............ $500 $300 $22,680 $23,480 Co Total Carlton Fields Cost for Eastern Lands .................................. $96,070 [Note: Travel costs are $900/trip X 21 trips X 2 persons = $37,800. 60% attributable to Eastern Lands ($22,680) and 40% to Fringe Area ($15,120)] RWA Fees: EastemLands 266 hours@$140/hour ...................... $ 37,240.00 40 hours@$55/hour ................... $ 2,200.00 312 hours ................................................................ $ 39,440 TOTAL COST - EASTERN LANDS LDC .................................. $135,510 Costs: Fringe Area Carlton Fields a. Fees: Fringe Area Sullivan @ $190/hr. Nancy Linnan @ $250/hr. TAI.~527 i 17.2 2. 4. 5. 6. Coordination/Development of subcontracts, liaison with County and subcontractors - 10 hours Preparation and/or editing of LDCs prepared by RWA- 40 hours Attend hearings (See previous Note) - 67 hrs. Attend 2 TDR Workshops - 16 hrs. Review of subcontracts - 2 hrs. Review of LDCs from RWA - 30 hrs. Other Coordination with County staff - 10 hrs. Attend hearings (See previous Note) - 67 hrs. Attend 2 TDR Workshops - 16 hrs. ~ 2 5. 2003 Summary_ Fees: Sullivan - 133 hrs @ $190/hr ......................... $25,270 Linnan - 125 hrs @ $250/hr ............................ $31,250 $56,520 bo Co Expenses: Copy costs - Est .................. Telephone - Est .................. Travel - TDR WkShp x 2 ... Travel - (See previous Note) $500 $300 $ 3,600 $15,120 $19,520 Total Carlton Fields Cost for Fringe Area .................................. $76,040 RWA ao Fees:Fringe Area 270 hours@$140/hour ..................... $ 37,800 25 hours@$55/hour ..................... $1,375 295 hours ............................................................. $39,175 James Nicholas, Ph.D. a. Fees: Fringe Area 112 hours @ $150/hour ...........................$16,800 b. Travel Expense 6 trips @ $500/trip ................................. $3,000 Total ..................................................................... $19,800 TOTAL COST - FRINGE AREA LDC ................................... $135,015 TOTAL COST - EASTERN LANDS/FRINGE AREA ............................... $270,525 TAL~527117.2 6 Timing of Amendment Cycles Timing - Eastern Lands: Note that Policy 1.13 (Eastern Lands) requires that the LDRs for the creation of the Stewardship District must be adopted within 1 year of the effective date of the Plan amendment. The goal is to bring the procedural issues in the Eastern Lands LDCs into Cycle I. Adoption of these LDCs will provide a basis for processing the Ave Maria Community DRI. The Group 5 environmental requirements to protect water quality and quantity, water regime and listed plant and animal species will be processed in the Cycle II. The Stewardship Area Overlay design standards will be processed during Cycle III. Timing - Fringe Area: The goal is to bring all of the Fringe Area LDCs, except the TDR provisions, into Cycle II. The TDR provisions will be processed in Cycle III. TA1.~527117.2 NAR 2 5, 2003 EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING ANY PROPOSED CHANGES TO FLORIDA STATUTES THAT WILL DIMINISH ANY AUTHORITY OF ANY LOCAL GOVERNMENT TO REGULATE ANY TELECOMMUNICATIONS FACILITY EXCEPT TO THE EXTENT NECESSARY TO FACILITATE THE E9¶1 PROGRAM AT THE SPECIFIC SITE OF THE E9¶1 TELECOMMUNICATIONS FACILITY OBJECTIVE: To have the Board adopt the attached Resolution to oppose Senate Bill Number 1450 (SB1450) and House Bill Number 1307 (HBI307), or any other possible proposed legislation, that, if enacted into law, will diminish authority of local governments with regard to wire telecommunications facilities far in excess of any conceivable necessity to facilitate any E911 program. CONSIDERATIONS..:. Legislation is curremly before the Florida Legislature which is totally unnecessary to accomplish the alleged necessity for such legislation, and which legislation has the potential of posing significant limitations, and imposing significant duties upon, local government regulation of "wireless telecommunication facilities" as follows: Requiring local governments to grant permit applications to telecommunications entities within 30 days for co-location on towers at existing sites and deeming the application to be "approved" if not acted on by the local government within the stated time period; and Requiring local governments to make f'mal determinations with regard to permit applications for new towers within 90 days unless the permit applicant agrees to a time extension; and Allowing additional towers and all other ''wireless telecommunications facilities" at all existing sites without being subject to local zoning review provided such additions are to facilitate E911 service. This is the only proposed provision that is expressly limited to the facilitation ofEgl I service; and No service provider would be required to prove to any local government any compliance of any wireless telecommunication facility with applicable federal regulations, which appears to be an all-inclusive provision applicable in all instances irrespective of any relevant to Egl I service; and Render local government zoning provisions unenforceable regarding any wireless telecommunication facility located on any state-owned or local government-owned real property, building or structure provided the facility is leased by the applicable~.~ ........... I AR 2 5 government as the landlord, and to any wireless telecommunication facility located on a state building or any local government building; and Any co-location would he allowed on all wireless telecommunication facilities irrespective of whether such collocation would thereby violate any local zoning regulation and, apparently, irrespective of whether such co-location is to facilitate any E911 se'vice; and Each wireless telecommunications facility could be increased in height ten percent (10%) above the facility's original permitted height irrespective of any local zoning requirements. It is not specified that such a height bonus is to be applied only to the extent necessary to facilitate E911 service at that tower site. Staffrecommends that the Board adopt the attached Resolution to oppose these proposed Bills, and have Staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. FISCAL IMPACT: Adoption of the attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This proposed legislation, if enacted into law, will thereby directly authorize wireless telecommunications facilities at sites that might otherwise be prohibited by local government ordinances, rules or regulations, including wireless telecommunications facilities to be located (or expanded) at locations that are very incompatible with adjacent and near-by lots and parcels of land, thereby devaluing such other affected properties. RECOMMENDATION: That the Board adopt the attached Resolution to thereby oppose proposed legislation pending before the Florida Legislature, which, if enacted into law, would negatively, seriously, and wholly unnecessarily diminish Collier County's authority to regulate wireless telecommunication facilities far in excess of any alleged need to facilitate any E911 program. 15. E. "Bleu" Wallace, Director CDES Operations Approved bY~tor Datec-~/~~iion y Development & Environmental Services Di ' ' MAR 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 43 44 45 46 47 48 49 50 51 52 53 54 RF_~OLUTION NO, 2003 - ~ RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ANY PROPOSED FLORIDA LAW THAT WILL DIMINISH ANY AUTHORITY OF ANY LOCAL GOVERNMENT TO REGULATE ANY TELE- COMMUNICATIONS FACILITY F.,XCF2~ TO TIIE EXTENT NECESSARY TO FACILITATE TIIE F.~I1 PROGRAM AT THE LOCATION OF EACH SUClt TELECO~CATIONS FACILITY Wlll~REA~, Senate Bill 1450 and Hou~ Bill 1307 have ~ ~ to the Flmida I.~gislatute to be enacted into the general laws of Florida; and WHEREAS, the alleged necesaity for ~nactment of SB1450 and H~1307 is that but for tbe propos~ amendments, ~eco~'nnlmicittions providel~ ~ ~ be able to comply with requirements of the E911 program; and WHE~, SB1450 and HB1307 accompliah vm'y little to facilitate compliance with any requirement of the Egll program, but ~rant to telecommunications provider~ wholly gratuitous and unnecessary benefits and exemptiom from local regulations; and ~Ri~AS, the Board of Cotlaty Commi$$iol~ers of Collier Cotmty, Florida, opposes every proposed amendment to any Florida Statute except to the extent that each such provision is absolutely necesaary to facilitate the Egll program at the site of the respective E911 telecommunications facility. NOW, THEREFORE, BE IT RESOL~ BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissione~ of Collier County, Florida, hereby expresses its opposition to any change to any Florida Statute except to the extent that each such change is proven to he necessary to facilitate use of the respective E911 telecommunications facility, including, but not limited to: a. Any exemption of any telecommunication facility from any local government ordinance, role or regulations, and any limitation of authority of any local government to enact any such ordinance, rule or regulation; b. Any required increa~ in height of any tower or antenna; and c. Any time period in which any government must respond to any application for any permit or other applied-for authorization with regard to any telecommunication facility, includin~ any "automatic approval" based upon failure of the governm~t to re~l~nd to any such application within any specified ~ period. This Resolution adopted this and majority vote in f~vor of edolxion. day of March 2003, after mo6on, ~aw..ond ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIi~ COUNTY, laLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: r',, ny: Thomaa P~aer, Aasislant County Atto~ey TOM HENNING, Chairman MAR 2 5 2003 EXECUTIVE SUMMARY APPROVE THE BORROWING OF AN ADDITIONAL $4.5 MILLION TO BRING THE TOTAL TO $8.0 MILLION TO COMPLETE THE BUILDING EXPANSION OF THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION'S OFFICES AND CONSTRUCTION OF THE ASSOCIATED PARKING GARAGE AND THE BORROWING OF $2.3 MILLION TO FUND THE REPLACMENT OF THE DIVISION'S BUSINESS SYSTEM. OBJECTIVE: The Board of County Commissioners approve our request to fund all of the $8.0 million required to construct the Community Development and Environmental Services (CDES) office expansion and parking garage from borrowed funds. The Board of County Commissioners approve our request to borrow funds to purchase and install the Division's business system. This project is estimated to cost $2.3 million CONSIDERATIONS: The Board of County Commissioners (BCC) approved a $9.5 million expansion of the CDES oft'ice building and the construction of a parking garage at the April 11 of 2000 BCC meeting. This amount was to be entirely funded from Fund 113 (Development Services and Permitting) cash carry forward balances (reserves). The original plan included a two level office building. In FY02 the plans were changed reducing the nu-nber of floors from two to one; this resulted in the capital expansion dollars to be reduced from $9.5 to $7.5 million. This reduction was approved by the BCC in the FY02 budget. An accompanying executive summary increases this budget from $7.5 to $8.0 million. CDES has been using our present business system for seven years. The system is using a computer language that is out of date and the vendor nc DBalu~r M19/2~311:43 AM ~AR 2 § 201~ longer supports the software. $2.3 million was approved for replacement in this current fiscal year's budget to be paid from existing cash carry forward balances. The economic situation has significantly changed from the time that both of these projects were approved to be paid from reserve balances. Interest rates are now much lower and Divisional Fund 113 income has declined. Our year-end reserve balance is projected to be only $1.0 million assuming a valuation table rate and fee increases in April. This balance is unacceptably low, thus we want to borrow both the $8.0 million and the $2.3 million rather than take these amounts from reserves. Borrowing will raise our projected fiscal year-end reserve balance to approximately $6.0 million, net of debt service, an acceptable amount. This $6.0 million also represents 4 months of operating expenses, an adequate level of coverage. FISCAL IMPACT: These transactions have no effect on the General Fund or the Growth Management Plan. Ail repayments of these two debt transactions will be made from Fund 113 (Development Services and Permitting) resources. Debt service will be budgeted in Fund 113 for all applicable periods. The following schedule estimates the payments for FY04 through FY 08. GROWTH MANAGEMENT PLAN: No effect. RECOMMENDATION: That the BCC grant approval for staff to proceed to arrange for borrowing the $8.0 million required to expand the present CDES office facilities and to construct the accompanying parking garage. That the BCC grant approval for staff to proceed to arrange for borrowing the $2.3 million required to replace and install the present CDES business system. DBaker 3/19/200311:22 AM /oF MAR 2 5 2003 Denny Baker, Director Financial Administration and Housing ~.~.~r/ OAVe: APPROVED BYj~h Schn~(Administ~ator, CDES Division~' DBak~' 3/13/'200312:02 PM MAR 2 § 2003 BORROWING OF $10.3 MILLION CDES REPAYMENT SCHEDULE Principal Interest Total Arbitrage Annual Total FY Year I $ 2,060,00~] $ 515,000 $ 2,575,000 $3,500 $2,578,500 FY03 Year 2 2,060,000 412,000 2,472,000 3,500 2,475,50(] FY04 Year 3 2,060,000 30%000 2,36%000 3,500 2,372,50~ FY05 Year 4 2~060,000 206,000! 2,266,000 3,500 2,269,50~ FY06 Year 5 2,060,000 103,000 2,163,000 3,500! 2,166,500 FY07 Total 10,300,000 1,545,000 11,845,00~ 17,500 11,862,500 NOTE: 5 % INTEREST RATE IS USED PER BUDGET OFFICE. ~,~ MAR 2 5 L~03 3/19/200312-.28 PM EXECUTIVE SUMMARY APPROVAL 6F A BUDGET AMENDMENT APPROPRIATING FUNDS FOR EXPANSION OF THE COLLIER COUNTY DEVELOPMENT SERVICES CENTER OR~~; To obtain Board approval of a budget anmndment appropriating a total o~: $~.$ mil_llon for the expn~ion of the Collier County Development Services Center, adoption by the Board of a resolution authorizin$ staffto obtain the necessary ~nancing throush th~ pooled commercial paper loan program in an amount not to exceed $4.5 million, and Board approval for staffto release a construction management at.risk request for proposals. CONSIDERATION: In February 2000, at the direction of the County Manager, the Facilities Management Department acquired the services of the architectural firm of AIDed French and Associates,' Inc. to prepare a feasibility study for the expansion of the Collier County Development Services Center, 2800 North Horseshoe Drive, and to make recommendations on the best use ofthe adjacent Lot Nine (9) of the Collier Park of Commerce. On March 14, 2000, French and Associates delivered the feasibility study, which calls for the construction ora 40,800 ~luare foot, two-story addition to the existing structure and an adjacent parking ~arage with the capacity to accomodate approximately 340 vehicles. Additional sgace ~s needed to appropriately ,house expanded positions approved by the Board ofl~ounty Commissioners in the F, y00 Budget. Also, it is senior management's desire to house nil of the Departments in the Community Development and Environmental Services Division in one building. Over the past five years, the number ofstaffin the Community Development and Environmental Services Division housed in the Development Services Center has increased by 38.5 percent (from 156 to 216). This increase, coupled with occupancy of the Department of Revenue, has caused significant space problems. $oined with this is an increase in the average number of building permits issued each year. For example, the number of permits issued in 1994-95 was 16,524 compared to the 23,740 in 1999-2000. This represents an increas~ of 43.5 percent. This has caused a substantial increase in the number of yearly buildin~ inspections. Staff conducted 131,004 building inspections in 1998-99 compared to 72,590 in 1993-94, which represent~ an 80 percent increase. Thus, the amount of spac~ needed for storage has increased. We have been unable meet this demand due to the need for additional office space for new staff. Even with the depamare of DOR in mid-May 2000, projections indicate a need for additional office space in the building. Also, senior management rcommendS thai ali seven departments in the Division be housed in the snme location. On March 23, 2000, the Collier County Finance Committee recommended funding the project, consisting of cash in the amount of $5 million and commercial paper financing in an amount not to exceed $4.5 million for a term of five years with the of early payment of the principal without penalty. The Finance Committee has deemed this to be the most cost-effective me~n.~ of financing the project. The resolution rcfenvxi to in the recommendation .below is tho legal instrument by which the Board approves Loan No. A-15-1 pursuant to the terms of the loan agreement between the County and the Florida Local Oovernment Financ~ Commission. The Facilities Management Depamnent is prepared to release a oo!mtmction management at risk request for proposals upon Board approval to proceed with the project. FISCAL IMPACT: A budget amendment is needed to appropriat~ $9.5 million for this capital project, The budget amendment would reduce Community Development Fund Reserves by $5 million and recoginze $4.5 million in loan proceeds from the commercial paper program. Funds are available in the Commtlnity Development Fund Reserve for Capital Outlay (113-919010-993000). The main source of revenue for the Community Development Fund is building permits. GROWTH I~LauNAGEMEHT IMPACT: None. I;LECOMMIgNDATION: That the Board of County Commissioners: (1) Approve a budget amendment in the amount of $9.5 million appropriating funds for expansion of the Collier County Development Services Center, 2800 North Horseshoe Drive, and the construction of an adjacent parking garage. (2) Authorize staff to pro~i with the project and to rele,.a~e a construction management at risk request for proposals. (3) Adopt a resolution authorizing staffto obtain financing through the pooled commercial paper loan program, in an amount not to exceed $415 million, pursuant to the terms of the loan agreement between the County and the Florida Local Government Finance Commission. PREPARED BY: Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services APPROVED BY:' ~h-o'm-a~s- ~-. OililY, ~'b~. )ly Manager Community Development and Environmental Services Division Community Development Services Administration Financial Administration and Housing Planning Services Environmental Services Building Review and Permitting Code Enforcement CDES Operations Engineering Services MAR 2 § 2003 D-1 Capital Projects Fund (113) GoBls: To account for major capital pmj .e~ta in Community Development Fund (I 13). Base Level Building Expansion O/- % of % of Total FTE's Personnel FY 02 Cost ,,Dollars 0.0 0.0% $7,500,000 100.0% Grand Total 0.0 0.0% $7,500,000 100.O% Appropriation Unit FY 99/00 FY 00/01 FY 00/01 FY 01/02 FY 01/02 FY 01/02 % Actual Adopted Forecast Current Expnnded Total Budget Exp/Rev Budget Exp/Rev Service Service Budget Change "- Personal Services 0 0 0 .0 0 0 N/A Operating Expenses 0 27g,000 1,078,300 0 0 0 -100.0% Capital Outlay 0 19,500,000~ 3t2,000 17,500,0001 0 ~ -21.1% .....,~ Total Appropriations 0 9,778,000 1,390,300 7,500,000 0 7,500,000 -23.3% Forecast FY 00/01 - Operating expenses include $278,000 for contractual services for supplemental work to implement the Geographic Information System and $800,300 for engineering fees related to the building expansion. Capital outlay includes $312,000 for an expansion of the Development Services Building and parking addition. Current FY 01/02 - Capital outlay includes $7,500,000 for expansion of the Development Services Building and parking addition. Capital Projects Fund (113) Mission Statement: To account for major capital projects in Community Development Fund (! 13). Prom'ams: Priority Total Less: FTE's FY 03 Cost Revenues Net Cost Bus/ness System Replacement Building Ir?rovements Capital Projects 0.0 1 2,330,00a so 2 0.0 7,188,100 0 7,188,100 Grand Total 0.0 S9,518,000 S0 S9,518,000 Appropriation Unit FY 00/01 FY 01/02 FY 01/02 FY 02/03 FY 02/03 FY 02/03 % Actual Adopted Forecast Current Expanded Total Budget Exp/Rev Budget Exp/Rev Service Service Budget Change Personal Services 0 0 0 0 0 0 N/A Operating Expenses 0 0 0 0 0 0 N/A Capital Outlay 0 7,500,000 674,000 9,518,100 0 9,518,100 26.9% Total Appwpfiatiom 0 7,500,000 674,000 9,518,100 0 9,518,100 26.9% Forecast FY 01/02 - Project expenses reflect the balance of the design contract for the building expansion paid in FY 02. Current FY 02/03 - The budgeted project is for the replacement of the existing Perconti business system application - $1,800,000 and the associated supporting computer hardware - $530,000. D-9 2003 EXECUTIVE SUMMARY ADOPTION OF FY 04 BUDGET POLICY OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2004. CONSIDERATIONS: In order for staff to begin preparation of the FY 2004 budget, direction is needed from the Board of County Commissioners on major policy issues. Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the FY 2004 budget. The purpose of today's discussion is for the Board to reach consensus on the policies upon which the budget will be based. The Executive Summary is broken down into three distinct elements. The first element (pp. 2-4) consists of new budget policies proposed in FY 04 that require policy direction from the Board. The County Manager met with the Productivity Committee to share the proposed new policies prior to this Board presentation and the proposed policies were well received. The second element (pp. 5-8) consists of standard budget policies that the Board has endorsed for a number of fiscal years. The third element consists of a three (3) year analysis of the General Fund (001) and the Unincorporated Area General Fund MSTD (111) so the Board understands the future financial implications of the recommended budget policies. Finally, the Board needs to establish September public hearing dates for the adoption of the FY 04 budget. The School Board has selected September 9, 2003 for their final budget hearing. Recommended dates for the Collier County budget public hearings are September 4, 2003 (Thursday) and September 18, 2003 (Thursday). The Board room is reserved for these dates. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget and ad valorem taxation issues for fiscal year 2004: RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, and establishes public hearing dates in September. Submitted by: Michael S_mykowski, OMB Director Approved by: (_ ._ ,~'-:-'-- .- . . --' James V. Mudd, CounW Manager DATE: '3- / 7-t0.~ March 17, 2003 DATE: -~//'-'/*'' ';~ £NDA ITCM March 17,2003 ~ - Z? '~,~---5- .... 2003 New Proposed Budget Policies for FY 04 Limitations on Expanded Positions to Maximize Organizational Efficiencies To maximize organizational efficiencies, a limitation of less than 25 expanded positions in the County Manager's Agency will be implemented in FY 04. This recognizes the fact that in service organizations such as local governments, the primary expense is for salaries and associated fringe benefits. Minimizing new staff additions will also result in: 1. forced economies within the County Manager's Agency through more effective use of existing resources; and 2. a lesser need for additional space requirements (future leased and/or new building additions). Limitations on Current Service Discretionary Operating Expenses - The County Manager recommends limiting current service discretionary operating expense increases to CPI, 2.8% or less. This will economize and provide the means to support the General Fund transportation program requirements. FY 03 adopted operating expenses budgets will be adjusted to reflect one-time expenses. Exceptions would include fixed cost increases such as allocated insurance, indirect service charge payments (revenue to the General Fund), fuel, and utility expenses. Fund Consolidations The FY 03 adopted Collier County budget included 134 funds with budgeted appropriations. The Collier County budget is highly complex due to the number of funds that are required due to statutory requirements, accounting requirements, local ordinances, or financial system limitations. The use of Municipal Service Taxing Units (MSTU's) allocates costs to recipients of specialized services, instead of allocating these costs to all taxpayers. The use of MSTU's results in "tailor- made" government services, but also adds additional complexity as the funds are restricted (1) for the purpose and (2) to the area in which they were collected. Fund segregations also typically result in interfund transfers that are, in effect, "double budgeting" of the same dollar. Interfund transfers artificially inflate the gross total County budget. Recommendation: To simplify the budget complexity and to reduce the artificial inflation of the gross County budget, it is recommended that, to the extent possible, funds be consolidated and obsolete funds be eliminated. A target figure of 10% of the total funds budgeted in FY 03 was established. Health Care Program Cost Sharing Collier County provides a self-funded Group Benefits Plan for health care and prescription d~g coverage. Coverage under the Plan extends to all County employees, with the exception e ~'the- Sheriff's Office, which provides its own self-funded plan. ~'.io- MAP, Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to fund them, continue to increase annually at double-digit levels. The County's medical plan is similarly impacted by these rising costs. However, management and employees continue to work together to hold down the impact of future increases by restructuring benefit levels and initiating further cost shifting measures. In addition, staff continues to negotiate with providers for discounted physician and hospital fees and promote corporate wellness and preventive health care initiatives. Most importantly, management continues to move toward its goal of requiring employees to absorb a greater share of medical plan premium costs. In FY 04, an additional 2% of premium costs will be shifted from the Board to the employees. As a result of this action, employees will have absorbed an additional 6% of medical premium costs since FY 01: and will continue to absorb proportionally more premium expenses until the goal of an 80%-20% cost sharing arrangement is achieved in FY 06. Compensation Administration - The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: 1. Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. 2. Supports continuous training, professional development and enhanced career mobility. 3. Recog-nizes and rexvards individual and team achievement. In order to achieve these objectives, a series of changes to the compensation system will be necessary. Principal planned changes include the following: · Recognize that motivation factors and expectation vary for employees at different levels in the pay structure and establish distinct pay plans that target appropriate reward mechanisms for each level. · Adjust salary ranges as needed, especially for hourly employees, to more closely match the appropriate market for each plan · Slow the growth of executive level base salaries by changing the way performance awards are paid, (i.e. awarded as one-time lump-sum bonuses rather than incremental increases to base pay). · Establish a market-driven hard salary cap for each position. Recommendation: Budget 4.55% of total Personal Services in FY 04 for compensation administration and future fiscal years as delineated below: Program Component FY 04 Future Fiscal Years Cost of Living 2.80% Varies annually Awards Program 1.50% 1.50% Pay Plan Maintenance 0.25% 0.25% Total 4.55% No. [0 _. MAR ? 5 7803 Scheduling Issues Decisions Required (bold) Establish Budget submission dates for the Sheriff, the Clerk of Courts, and the Supervisor of Elections. June Budget Workshops Adoption of proposed millage rates Establish public hearing dates* Staff Recommended Date(s) June 1,2002 (Board Agency/Courts) (Constitutional Officers) Wrap-up July 29, 2003 (Tuesday) September 4, 2003 (Thursday) September 18, 2003 (Thursday) Thursday, June 26 Friday, June 27 Monday, June 30 Note: Bold = date(s) already established. *The School Board has first priority in establishing public hearing dates. The School Board's final budget hearing is scheduled for September 9, 2003. The Commission chambers are reserved for the tentative dates for Collier County Government budget public hearings. General Fund Balance General fund balance is required to meet operating needs for October and November of a given fiscal year, prior to the receipt of any significant ad valorem tax revenue (ad valorem taxes represent 68.5% of the total FY 03 General Fund adopted revenues). Fund balance is also an important measure used by bond rating agencies in determining the County's credit worthiness. Staff from Moody's Investors Service was contacted previously to determine an appropriate level of carry forward revenue. Specific concerns for Florida communities were reliance on the tourism industry and sales tax revenue, the ongoing threat from hurricanes and wildfires, and uncertainty regarding Article V court funding. For Florida coastal communities, a minimum carry forward balance of 10% of total General fund expenditures was recommended. It was noted that bond ratings would improve as this percentage increased. Recommendation: The recommended level of fund balance in the General Fund should be a minimum of 10% of actual general fund expenditures, with a maximum fund balance level of 15%. If fund balance exceeds the 15% level, the surplus above the 15% level should be used to fund non- recurring costs, as fired balance is a non-recurring revenue source. AGE! :L~ A-ii, Nj No. MAR 2 5 200.'3 Existing County Budget Policies for FY 04 Budget Policies Affecting Operating Budgets Financial Management/Financial Budget Development OMB staffwill prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial planning and to understand the long- term impact of funding decisions made in FY 03. Grant Funded Positions · Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Attrition Based on historical evidence, funds with 10 or more budgeted positions that have generated salary savings will utilize a 4% attrition factor in developing the FY 02 budget. Exceptions would include EMS, Ochopee Fire, and the Tax Collector. Self-Insurance To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, Group Health Insurance programs. Program funding to be based upon a confidence interval of 75%, with the exception of group health to which a confidence interval is not applicable. Proposed Uses of Gas Taxes Based on the Board's policy decisions relative to the Annual Update and Inventory Report (AUIR) regarding Transportation, all available gas tax revenue will be used to support the Roads Construction Capital Improvement Program. Reserves Operating funds may budget, at a minimum, a 5% reserve for contingency. A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. · The General Fund reserve for cash flow is $3,000,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract Agency Fundine · The Board of County Commissioners will not fund any non-mandated social service ~gencies. External Operating and Capital Project Funding Requests External operating and capital budget requests should only be considered within the framework of the budget process. Requests for funding received outside the boundaries of the budget process shall be considered in the subsequent year's budget cycle. (Mainten an ce) Recognizing Unincorporated Area General Fund MSTD (111) appropriate, dedicated funding source for median beautification maintenance costs. BCC Fee Waiver Policy The Board of County Commissioners (Board) will consider requests for waiver of fees on a case-by-case basis limited to fees established for the following: temporary use and special event permits; right-of-way permits; land use petition applications; site development and site improvement plan applications; and fees for the limited use of County-owned property and facilities. On an annual basis, funds will be appropriated from General Fund reserves (001) to cover the cost of such fee waivers. The Board may grant a waiver of these fees to cover multiple recurring events within any 12- month period, provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30-day period. Requests for waiver of fees made by non-profit organizations and not-for-profit corporations for events previously granted a fee waiver would be placed on the Board's Consent Agenda. Revenue Policies Carryforward · All funds that are unexpended and unencumbered at the end of the fiscal year will be appropriated as carryforward revenue in the following year. · In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash. Maximization of Impact Fees · Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Indirect Cost Allocation Plan The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 04. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. Enterprise Fund Payment in Lieu of Taxes The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Administration Policies Debt Service Any capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Interim Financing Collier County may also borroxv funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. Budget Policies Affecting Capital Projects Ad Valorem Capital Funding Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. This provides some built in protection against loss of purchasing power due to construction inflation. In comparison to prior fiscal years, this capital allocation is woefully under funded. During the period from FY 98 to FY 91, the General Fund capital allocation was 1.0000 mills annually. A government facilities impact fee is currently out for RFP. If enacted, this impact fee would help rectify this situation, as the General Fund would be relieved from the burden Of funding facilities required due to growth. Capital Improvement Pro~ram fCIP) Policies On an annual basis, the Cotmty shall prepare and adopt a five-year Capital Improvement Element (CIE) consistent with the requirements of the Growth Management Plan. The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. Capital projects attributable to growth will be funded, to the extent possible,, by impact fees. i ' Capital projects identified in the 5 Year CIE will be given priority for funding. The five-year plan for water and wastewater CIE projects will be based on projects included in the adopted master plans. Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. The respective departments during the budget process will identify annual operating expenses associated ~vith capital projects. Unlike operating budgets that are administered at the appropriation unit level, capital project budgets xvill continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. A~ENDA ITEM No. iD MAR 2 5 200 P~._~ Three-Year Budget Projections Ad Valorem Tax Funds (FY 04- FY 06) The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund (lll). General Fund (001) Millage History As a point of reference, the following graph plots the historical General Fund millage rate, as well as the projected millage rates from FY 04 through FY 06, based on the assumptions in this analysis. General Fund Millage History FY 94 - FY 06 4.7 4.3920 4.1654 ~ 3.8772 3.8772 3.8772~ I~ 3.4809 {}~: ~ 3. 03. 58 3.~028 4.5- 4.3- 4.1- 3.9- 3.7- 3.5- 3.3- 3.1- 2.9- 2.7- 2.5 Millage 94 95 96 97 98 99 00 01 02 03 04 05 06 Fiscal Year AGENDA I,~EM Uo. lO MAR 2 5 2003 Pc, ~ Miilaee Rates Based on the assumptions used in this analysis, the FY 03 General Fund projected millage rate is as follows: Net Inc. (Dec.) per FY 03 Adopted ' FY 04 Projected $100,000 Fund Millage Rates Millage Rates Taxable Value General Fund 3.8772 3.8772 $0.00 Notes: *Projected millage rate assume a 12% increase in taxable value in FY 04. Appraiser will provide preliminary taxable value estimates on June 1, 2003. Actual increases in County taxable value were as follows: The Property 22.50% 20.00% 17.50% 15.00% 12.50% 10.00% 7.50% 5.00% 2.50% 0.00% Historical and Assumed Increases in Collier County Taxable Val. ue (FY 93 - FY 06) Average (FY 94 - FY 03) = 10.65% 20.5% , ': ""i" '" 31--18'3% :" . ' 14.3% 13.6% ~ 12.0% 6.7% 9.4%,, 0.0'/0 . 5.3._% 4.5% -- ,, ,' ~ FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 O0 01 02 03 04 05 06 FY 04 · · · · · · · · · · · · · · · · · Expense Assumptions $3,000,000 in cost shifting from the State was assumed in this model. Net cost of Article V implementation is undefined at this time. All services provided currently will be funded in FY 04. Allocation for compensation administration - 4.55 % of Personal Services. Retirement rates based on Governor's proposed budget. 4% attrition rate was assumed in the County Manager's Agency and the Sheriff's Office: 2.8% increase in budgeted operating expenses/capital outlay. A 5% reserve for contingency in all funds was assumed. Capital projects funding equals 0.3333 mills annually. ($14.7M in FY 04 General Fund). Sheriff's Deputies formerly grant funded - $3,257,900. Sheriff's Health Insurance - $1,722,900 and Worker' s Compensation - $283,000. Reserve for road construction - $5,128,000. Board Health Insurance - $3,130,500. Increase in retirement rates - $762,200. Elections - $1,350,000. Increase in payment to Naples CRA - $295,700. Increase in insurance premiums - $53,000. MAR 2 5 2003 pg. /CD , Revenue Assumptions · Ad valorem tax revenue forecast is 96.65% of actual taxes levied. · Sales tax revenue increases 5.0% almually. · State Revenue Sharing increases 2.5% annually. (?? due to State fiscal concerns). · Constitutional Officer turn backs were based on an average of historical receipts. · No gas taxes allocated to roadway maintenance. · Voter approved taxes (environmental lands acquisition) are separate from the General Fund. · Costs shifted from the State of Florida above $3 million could result in a millage increase. Retirement Rates During the 20002 Legislative Session, legislators passed House Bill 1973 that contained retirement rates effective July 1, 2002 as well as retirement rates effective July 1, 2003. The rates effective July 1, 2002 are much lower because they reflect an offset from recognition and usage of current available excess assets of the Florida Retirement System Trust Fund. The rate table and fiscal impact are noted in the following table: Recommended July 1, 2002 July 1, 2003 Rates (Governor's Category Rates Rates Budget Submittal) Regular Class 5.76% 11.13% 7.3% Special Risk Class 16.01% 24.15% 18.44% Special Risk - Administrative 6.56% 13.84% 9.83% Support Class Elected Officials 11.86% 18.78% 15.14% Senior Management Class 6.06% 12.94% 9.28% Total Incremental Impact (all funds) n/a $7,478,210 $1,163,166 Total Incremental Impact (Gen. Fund) n/a $5,605,810 $762,204 In the current session, the Legislature will be evaluating the extent to an offset from excess assets in the Florida Retirement System Trust Fund can be applied to reduce rates. It is important to recognize txvo significant points: 1. Any increase in retirement rates will also apply to state employees, so there is incentive to minimize the rate increase required; 2. The Governor's budget submittal was based on retirement rates in place two years ago that are significantly less than the July 1, 2003 rates. Therefore, the staff recommendation is to use the rates included in the Governor's proposed budget. Actual rates will be available in May according to State Division of Retirement staff. Other Counties contacted are also using the rates included in the Governor's budget submittal in their respective budget guidelines. Lobbyist efforts should also be focused on this issue. MAR 5 2003 Other Funds/Factors Impacting the General Fund Individual analyses of the Road and Bridge Fund, and the EMS Fund, and the road construction program were undertaken to determine the relative impact on the General Fund. Road and Bridue Fund Gas taxes are now used exclusively for road construction, resulting in a General Fund subsidy of roadway maintenance programs. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. Due to available carryforward revenue in Road and Bridge, only $2,697,900 in General Fund support was required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes from road maintenance to road construction. However, due to decreased carryforward revenue, coupled with approved FY 97 expanded services, the General Fund support increased in FY 97 by almost $2.3 million. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support increased by $963,800. The trend xvas reversed as the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in gas taxes for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As gas taxes will be the primary revenue pledge used to support transportation bonds, no gas taxes will be allocated to roadway maintenance in FY 04. The historical and projected General Fund support required is as follows: 16000 14000 12000 10000 8000 6000 4000 2000 0 ISales Tax Required for Road and BridgeI FY 95 - FY 06 13,412 11,855 7,790 5,912 5,736 6,056 2,698 95 96 97 98 99 O0 01 02 03 04 05 06 Fiscal Year EMS Fund EMS is another fund that impacts significantly on the General Fund. EMS rates were increased to their current levels early in FY 03. In addition to inflationary cost increases, based on minimum response times as required in the Growth Management Plan one (1) additional EMS unit is proposed in FY 05 and in FY 06. Histori, projected General Fund support of EMS operations by fiscal year is as follows: No._~ MAR 12000 10000 8000 6000 4000 2000 0 General Fund Support of EMS FY 95 - FY 05 7,129 7,759 7,808 7,868 95 96 97 98 99 O0 01 02 03 04 05 06 Fiscal Year This analysis did not assume any additional EMS rate increases or extraordinary salary adjustments for EMS personnel. Road Construction Program The Board approved road financing plan hinges on using growth in taxable value and maintaining the General Fund millage rate to provide growth dollars to meet the road funding commitments. In the adopted FY 03 budget, there was a $5,900,000 General Fund transfer to the road construction program. The FY 04 portion includes $4.2 million in pay-as-you-go funding and $9,498,000 in General Fund support to replace gas tax revenue now committed to debt service. The FY 05 portion includes $4.2 million in pay-as-you-go funding and $17,036,000 in General Fund support to replace gas tax revenue noxv committed to debt service. The FY 06 portion includes $4.2 million in pay-as-you-go funding and $23,583,700 in General Fund support of the road financing program. General Fund Support of Road Construction FY 03 - FY 06 35000 30000 25000 20000 15000 10000 5000 0 5,900 O3 13,698 04 O5 27,784 O6 Fiscal Year AGE~',:DA ITEM No. l'O HAR 2 § 2003 FY O5 The projected General Fund millage rate is 4.1650 or $416.50 per $100,000 of taxable value. This represents an increase of $28.78 per $100,000 of taxable value. In addition to aimual inflationary cost increases, the following items were included in the FY 05 budget analysis: · Increased General Fund support of road construction - $7,537,900. · Additional support of capital projects - $1,474,162; · Increased General Fund support of EMS (including one additional EMS unit) - $1,460,440. · Capital projects funding equals 0.3333 mills annually. ($16.2M in FY 05 General Fund). · Operational impacts of Naples jail expansion - $5,160,000. Sheriffs Deputies formerly grant funded - $2,453,000. · Payment to Naples CRA - $300,000. · Operational impacts of new facilities- $i,022,500. FY 06 The projected General Fund millage rate is 4.3920 or $439.20 per $100,000 of taxable value. This represents an increase of $22.70 per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following items were included in the FY 06 budget analysis: · Sheriff's Deputies formerly grant funded - $2,792,000. · Increased General Fund support of EMS - $1,231,015. · Increased General Fund support of Road and Bridge - $1,248,500. · Capital projects funding equals 0.3333 mills annually. ($17.5M in FY 06 General Fund). · Additional support of capital projects - $1,297,262. · Annualized impact of Naples Jail expansion - $1,000,000. · Payment to Naples CRA - $300,000. Summary and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. It is important to note that the model includes no non-mandated expanded services, including additional Sheriff's deputies. However, the analytical model also assumes that all services provided currently will be funded in FY 04 - FY 06. The analytical model assumes much more moderate increases in total taxable value than were experienced in the past 3 years. AGrq~DAJJFM No.lU ,. t4/ R 2 5 2003 pg. lq Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analysis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: FY 03 Adopted and Inc. (Dec.) per Unincorporated Projected Millage $100,000 General Fund Rates Taxable Value FY 03 0.8069 n/a FY 04 0.8324 $2.55 FY 05 0.9066 $7.42 FY 06 0.9066 0.00 FY 04 The FY 04 budget projection includes only annual inflationary cost increase of existing services. The projections do not include any discretionary expanded services. The analysis projects a millage rate of 0.8324 in FY 04 or $83.24 per $100,000 of taxable value. Per $100,000 of taxable value, residents in the unincorporated area would pay $2.55 more in unincorporated area taxes in FY 04. FY 05 In FY 05, the projected millage rate is 0.9066 or $90.66 per $100,000 of taxable value; this is an increase of $7.42 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following mandates were included in the FY 05 budget analysis: · Cost of North Regional Park operations (assumes January 1 opening)- $2,881,500; also includes $1,144,200 in offsetting revenue. FY O6 Assuming an 8% increase in taxable value in FY 06, the projected millage rate is 0.9066. This equates to $90.66 per $100,000 of taxable value. The budget model includes the incremental cost of budgeting an additional 3 months of operations at the North Regional Park. There is also a reserve for landscaping projects of $722,500. AGENDA IT¢4 No. /0 ~.'"'T), MAR 2 5 2003 Attachment A Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept. Revenues Subtotal TDC Comm. Dev. M STD (111) Criminal Justice Motor Pool (522) Race Track Bnds (202) Revenue Sharing (204) Pollution Control (114) Solid Waste (470) Utilities (408) Museum Total Transfers Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Tumbacks Carry Forward Refunds Revenue Reserve Total Revenues FY Ol Audited CF FY 02 Rev. FY 02 Exp. FY 03 CF General Fund FY 04 Revenue Projections Budget Forecast FY 03 FY 03 Projection FY 04 153,584,700 147,860,500 127,000 125,000 600,000 600,000 0 0 0 0 600,000 600,000 6,640,000 6,640,000 60,0OO 60,000 55,000 60,000 132,000 140,000 25,000 25,000 16,800 16,800 24,247,300 24,247,300 · 3,411,000 3,700,000 4,980,700 4,980,700 446,500 446,500 2,173,900 2,173,900 5,996,800 5,876,864 203,096,700 197,552,564 170,200 170,200 399,900 399,900 485,500 485,500 468,400 468,400 1,285,800 1,285,800 22,400 22,400 28,100 28,100 18,400 18,400 73,000 73,000 479,000 479,000 59,800 59,800 3,490,500 3,490,500 95.0% 171,485,900 125,000 618,000 0 0 600,000 6,640,000 61,500 55,000 140,000 25,000 16,800 25,875,100 3,700,000 6,508,300 446,500 2,282,595 6,296,600 224,876,295 178,700 267,700 336,800 470,000 0 0 0 0 0 175,900 59,800 1,488,900 8,250,000 10,000,000 3,500,000 3,800,000 0 0 100,000 100,000 200,000 200,000 12,050,000 14,100,000 15,621,000 27,631,469 0 0 (9,905,900) 0 224,352,300 242,774,533 17,901,200 186,676,734 176,946~65 204,577,934 FY 03 Rev. FY 03 Exp. 27,631,469 Net 04 CF 9,000,000 3,750,000 0 100,000 200,000 13,050,000 32,270,300 0 (10,918,400) 260,767,100 242,774,533 210,504,271 32,270,262 % lnc./(Dec.) Dollar % Millage Rate lnc/Dec Change 0.0% SAP one-time SAP one-time SAP one-time 17,901,200 11.7% (2,000) -1.6% 18,000 3.0% 0 n/a 0 n/a 0 0.0% 0 0.0% 1,500 2.5% 0 0.0% 8,000 6.1% 0 0.0% 0 0.0% 1,627,800 6.7% 289,000 8.5% 1,527,600 30.7% 0 0.0% 108,695 5.0% 299,800 5.0% 21,779,595 10.7% 8,500 5.0% (132,200) -33.1% (148,700) -30.6% 1,600 0.3% (1,285,800) -100.0% (22,400) -100.0% (28,100) -lOO.O% (18,400) -100.0% (73,000) -100.0% (303,100) -63.3% 0 0.0% (2,001,600) -57.3% 750,000 9.1% 250,000 7.1% 0 ~a 0 0.0% 0 0.0% 1,000,000 8.3% 16,649,300 106.6% 0 fda (1,012,500) 10.2% 36,414,795 16.2% No. MAR 2 5 2003 /G Operating Divisions: BCC County Attorney Other General Administrative Board Related Cost~ County Manager OMB Support Services Emergency Services Public Services Misc. Comm. Dev./Envir. Transportation Courts Personal FY 03 Personal Inc. by Services Other Inc. by OpsdCaps. FY 04 Dollar Budget Services 4.55% Mandates Services 2.8% .Mandates Budget Inc./Dec. Change 885,500 782,800 818,417 0 102,700 105,576 0 923,993 38,493 4.3% 2,771.000 2,438,500 2,549,452 0 332,500 341,810 0 2,891,262 120,262 4.3% 3,876,200 35,000 36,593 0 3,841,200 3,948,754 0 3,985,346 109,146 2.8% 88,100 0 0 0 88,100 90,567 0 90,567 2,467 2.8% 725,000 694,200 725,786 0 30,800 31,662 0 757,449 32,449 4.5% 579,000 515,200 538,642 0 63,800 65,586 0 604,228 25,228 4.4% 15,068,800 8,621,900 9,014,196 0 6,446,900 6,627,413 0 15,641,610 572,810 3.8% 2,366,700 846,200 884,702 0 1,520,500 1,563,074 0 2,447,776 81,076 3.4% 17.499,100 9,161,600 9,578,453 0 8,337,500 8,570,950 0 18,149,403 650,303 3.7*/, 0 0 O 0 0 0 0 0 Wa 949,9~ 324,600 339.369 0 625,300 642,808 0 982,178 32,278 3.4% 793,300 597,200 624.373 0 196,100 201,591 0 825,963 32,663 4.1% 0 0 0 0 0 0 0 0 0 Sub-total .Mandates/Expanded Se rvic~ 45,602,600 24,017.200 25,109.983 0 21,585,400 22,189,791 0 47,299,774 1,697,174 3.7% 0 0 0 3,892,658 0 0 3,348,700 7,241,358 7,241,358 n/a 45,602,600 24,017,200 25,109,983 3,892,658 21,585,400 22,189,791 3,348,700 54,541,132 8,938,532 19.6'/, 672,900 0 0 0 672,900 691,741 691,741 18,841 2.8% Total Operating Divisions State AtffPD/$udges Reserves: Merit Bonuses/Pay Plan Cash Flo~/Capital Outlay Cootingency Attrition Helicopter Res. Regional Trama Center Road Cotlstruclion Total Reserves Transfers: Isle of Capri Fire MPO Area Aging MSTD General Fund Court Sen'ices Road ,.cc Bridge Community Development G uardianship ( 192 ) Roads General Fund Support Airport Aufl~ority Debt Capital Funds Ochopee Fire EMS CIL&'s 33,700 0 (33,700) -100.0% 1,737,100 1,750,000 12,900 0.7*/, 7,967,800 9,374,648 1,406,848 17.7% (885,500} (1,004,399) (118,899) fda 0 0 0 Wa 700,000 0 (700,000) n/a 4.201,200 5,128,000 926.800 Wa 13,754,300 15,248,249 1,493,949 10.9% 5,300 5,459 159 3.0% 786,600 810,198 23,598 3.0% 110,000 113,300 3,300 3.0% 207,000 219,420 12.420 6.0% 5.153,600 5,462,816 309,216 6.0% 11,855,300 13,411,600 1,556,300 13.1% 54,300 55,929 1,629 3.0% 12,700 13,277 577 4.5% 5,900,000 13,697,600 7,797,600 132.2% 817,100 841,613 24,513 3.0% 11,541,000 14,741,617 3,200,617 27.7% 186,500 186,500 0 0.0% 8,286,700 7,867,490 (419,210) -5.1% 544.600 599,060 54,460 10.0% Total Transfer$ 45,460,700 0 0 0 0 0 0 58,025,879 12,565,179 27.6% Transfer~ to Constitutional OHicers Clerk 7,109,500 Clerk (Bd. Paid) 413,600 Sheriff 92,426,600 Sheriff (Bd. Paid) 2,131,800 Properly. Appraiser 5,318,000 Prop. Appraiser (Bd. Paid) 461,100 Tax Collector 8,728,300 Tax Collector (Bd. Paid) 197,000 Supervisor 1,987,200 Super~'isor (Bd. Paid) 88,700 73,112,000 76,438,596 2,883,500 19,314,600 19,855,409 7,820,450 710,950 10.0./* 426,008 12,408 3.0*/* 2,380,300 101,557,805 9,131.205 9.9*/, 2,312,954 181,154 8.5% 5,849,800 531,800 10.0./, 474,933 13,833 3.0*/, 10,037,545 i,309,245 15.0./, 262,610 65,610 33.3% 1,350,000 3,426,624 1,439,424 72.4% 91,361 2.661 3.0*/, Total Transfers I 18,861,800 Total Expenses 224.352,300 Forecast 03 210,504,271 314,346 249,600 1,656,100 73,112,000 PYA BA'$ Health 76,438,596 2,883,500 19,314,600 19,855,409 3,730.300 132,260,090 13,398.290 11.3% 260,767,100 36,414,791 16.2% No. 1 ~ ~'T MAR 2 5 2003 F,g. t'7 Attachment A Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Misc. State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept. Revenues Subtotal TDC Comm. Dev. MSTD (111) Criminal Justice Motor Pool (522) Race Track Bnds (202) Revenue Sharing (204) Pollution Control (114) Solid Waste (470) Utilities (408) Museum Total Transfers Tumbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Tumbacks Carry Forward Refunds Revenue Reserve Total Revenues FY 04 Rev. FY 04 Exp. Net 05 CF General Fund FY 05 Revenue Projections Budget Forecast FY 04 FY 04 Projection FY 05 171,485,900 165,741,122 96.65% 125,000 125,000 618,000 618,000 0 0 0 0 600,000 600,000 6,640,000 6,640,000 61,500 50,000 55,000 55,000 140,000 140,000 25,000 25,000 16,800 16,800 25,875,100 25,875,100 3,700,000 3,700,000 6,508,300 6,508,300 446,500 446,500 2,282,595 2,282,595 6,296,600 6,170,668 98.0% 224,876,295 218,994,085 238,500 238,500 267,700 267,700 336,800 336,800 470,000 470,000 0 0 0 0 0 0 0 0 0 0 175,900 175,900 59,800 59,800 1,548,700 1,548,700 202,638,700 125,000 636,500 0 0 500,000 6,839,200 50,000 55,000 140,000 25,000 16,800 27,264,200 3,848,000 6,703,500 446,500 2,510,900 6,611,400 258,410,700 252,800 281,100 353,600 470,000 0 0 0 0 0 184,700 59,800 1,602,000 9,000,000 9,000,000 3,750,000 3,750,000 0 0 I00,000 100,000 200,000 200,000 13,050,000 13,050,000 32,270,300 32,270,300 0 0 (10,918,400) 0 260,826,900 265,863,085 9,000,000 3,800,000 0 100,000 200,000 13,100,000 23,105,887 0 (12,585,360) 283,633,220 265,863,085 242,757,198 23,105,887 %incd(Dec.) Dollar Percent Millage Rate Inc/Dec Change. 7.4% 31,152,800 18.2% 0 0.0% 18,500 3.0% 0 n/a 0 n/a (100,000) -16.7% 199,200 3.0% (11,500) -18.7% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 1,389,100 5.4% 148,000 4.0% 195,200 3.0% 0 0.0% 228,305 10.0% 314,800 5.0% 33,534,405 14.9% 14,300 6.0% 13,400 5.0% 16,800 5.0% 0 0.0% 0 ru'a 0 n/a 0 n/a 0 n/a 0 n/a 8,800 5.0% 0 0.0% 53,300 3.4% 0 0.0% 50,000 1.3% 0 n/a 0 O.O% 0 0.0% 50,000 0.4% (9,164,413) -28.4% 0 n/a ( 1,666,960) 15.3% 22,806,332 8.7% MAR 2 5 2003 Operating Divisions: BCC County Attorney Other General Administrative Board Related Costs County Manager OMB Support Services Emergency Sen'ices Public Services Misc. Comm. Dev./Envir. Public Works Courts Sub-tolal Personal FY 04 Personal Inc. by Services Other Inc. by OpsdCaps. FY 05 Dollar Percent Budget Services 4.0% Mandates Services 3.0% Mandates Budget IncdDec. Change 923,993 818,417 851,154 0 105,576 108,743 0 959,897 35,904 3.9% 2,891.262 2,549,452 2,651,430 0 341,810 352,064 0 3,003,494 112,232 3.9% 3,985346 4,334,046 4,507,408 0 (348,700) (359,161) 0 4,148,247 162,901 90,567 0 0 0 90,567 93,284 0 93,284 2,717 3.0% 757,449 725,786 754,818 0 31,662 32,612 0 787,430 29,981 4.0% 604,228 538,642 560,187 0 65,586 67,554 0 627,741 23,513 3.9% 15,641,610 9,014,196 9,374,764 0 6,627,413 6,826,236 0 16,201,000 559,390 3.6% 2,447,776 884,702 920,090 0 1,563,074 1,609,966 0 2,530,056 82,280 3.4% 18,149,403 9,578,453 9,961,591 0 8,570,950 8,828,079 0 18,789,669 640,267 3.5% 0 0 0 0 0 0 0 0 0 n/a 982,178 339,369 352,944 0 642,808 662,093 0 1,015,037 32,859 3.3% 825,963 624,373 649,348 0 201,591 207,639 0 856,986 31,023 3.8% 0 0 0 0 0 0 0 0 0 n/~ 47,299,774 29,407,436 30,583,734 0 17,892,338 18,429,108 0 49,012,841 1,713,068 3.6% 7,241,358 3,892.658 4.048,364 30 3,348,700 3,449,161 1,322,500 8,820,055 1,578,697 2 l.Se,/l 54,541,132 33,300,094 34,632,098 30 21,241,038 21,878,269 1,322,500 57,832,897 3,291,765 6.0% 691,741 0 0 0 691,741 712,493 0 712,493 20,752 3.0% 0 0 0 n/a 1,750,000 1,750,000 0 0.0% 9.374,648 10,187,522 812,874 8.7% (1.004,399) (1,385,284) (380,885) 37.9% 0 0 0 Wa 0 0 0 n/a 5A 28.000 0 (5,128.000) -100.0% 15.248,249 Mandates/Expanded Services Total Operating Divisions State Att/PD/$udge$ ,Merit Cash Flow Contingency Attrition Helicopter Reserve Regional Trama Center Road Construction Total Reserves 10,552,238 (4,696,01 I) n/a Transfers: Isle of Capri Fire MPO Area Aging .MSTD General Fund Cour~ Services Road & Bridge Cononunity Development Guardianship (192) Roads General Fund Support Airport Authority Debt Capital Funds Ochopee Fire EMS Misc. Total Transfers 5.459 5,623 164 3.0% 810.198 834,504 24,306 3.0% 113.300 116,699 3,399 3.0% 219,420 226,003 6,583 3.0% 5,462,816 5,708.643 245,827 4.5% 13.411.600 13,901,500 489,900 3.7% 55,929 57,607 1.678 3.0% 13~277 13,676 398 3.0% 13,697.600 21,235,500 7,537,900 55.0% 841,613 841,613 0 0.0% 14,741,617 16,215,779 1,474,162 10.0% 186,500 186,500 0 0.0% 7,867,490 9,327,930 1,460,440 18.6% 599,060 658,966 59,906 10.0% 58,025,879 0 0 0 0 0 0 69,330,541 11,304,662 19.5% Transfers to Constitutional Of Hcers Clerk 7,820,450 8,406,984 586,534 7.5% Clerk (Bal. Paid) Sheriff Sheriff(Bd. Paid) Property Appraiser Prop. Appraiser (Bd. Paid) Tax Collector Tax Collector (Bd. Paid) Supen'isor Supervisor (Bd. Paid) 426,008 438,788 12,780 3.0% I01,557,805 79,322,096 82,494,980 2,583,000 22,235,709 22,902,780 5,030,000 113,010,760 11,452,955 11.3% 2,312,954 2,382,343 69,389 3.0% 5,849,8043 6,142,290 292,490 5.0% 474,933 4.89,181 14,248 3.0% 10,037,545 11,342,426 1,304,881 '13.0% 262,610 270,488 7,878 3.0% 3,426,624 2,627,689 (798,935) -23.3% 91,361 94,102 2,741 3.0% Total Transfer~ Tolal Expenses Forecast 04 132,260,090 79,322,096 82,494,980 2,583,000 22,235,709 22,902,780 5,030,000 145,205,050 12,944,961 9.8% 260,767,100 283,633,220 22,866,129 8.8% 242,757,198 ?V,..aLI',~- :; ~-."-' r o./9 MAR 2 5 2003 Pg. /~ Attachment A Revenues: Ad Valorem Del. Taxes/Deed Sales Beach Parking Fees Interim Service Fee Sheriff Revenues P.I.L.T. Revenue Sharing Insurance License Federal Refuge Alcohol Tax Oil/Gas Severance Interest State Sales Tax Court Fees Cost Allocation Race Track Enterprise Fund PILT Dept Revenues Subtotal TDC Comm. Dev. MSTD (111) Criminal Justice Motor Pool (522) Race Track Bnds (202) Revenue Sharing (204) Pollution Control (114) Solid Waste (470) Utilities (408) Museum Total Transfers Turnbacks: Clerk Tax Collector Sheriff Property Appraiser Supervisor Total Tumbacks Carry Forward Refunds Revenue Reserve Total Revenues FY 05 Rev. FY 05 Exp. Net 06 CF General Fund FY 06 Revenue Projections Budget Forecast FY 05 FY 05 Projection FY 06 202,638,700 195,850,304 96.65% 125,000 125,000 636,500 636,500 0 0 0 0 500,000 500,000 6,839,200 6,839,200 50,000 50,000 55,000 50,000 140,000 140,000 25,000 25,000 16,800 16,800 27,264,200 27,264,200. 3,848,000 3,848,000 6,703,500 6,703,500 446,500 446,500 2,510,900 2,510,900 6,611,400 6,479,172 98.0% 258,410,700 251,485,076 252,800 252,800 281,100 281,100 353,600 353,600 470,000 470,000 0 0 0 0 0 0 0 0 0 0 184,700 184,700 59,800 59,800 1,602,000 1,602,000 230,775,800 125,000 655,595 0 0 475,000 7,044,400 50,OO0 45,000 140,000 25,000 16,800 28,818,500 4,001,900 6,904,600 446,500 2,762,000 6,942,000 289,228,095 265,400 295,200 371,300 470,000 0 0 0 0 0 193,900 59,800 1,655,600 9,000,000 9,000,000 3,800,000 3,800,000 0 0 100,000 100,000 200,000 200,000 13,100,000 13,100,000 23,105,887 23,105,887 0 0 (12,585,360) 0 283,633,227 289,292,962 9,000,000 3,300,000 0 100,000 200,000 12,600,000 19,139,250 0 (14,116,177) 308,506,804 289,292,962 270,153,712 19,139,250 %Incd(Dec.) Dollar Percent Millage Rate lnc/Dec Change, 5.4% 28,137,100 13.9% 0 0.0% 19,095 3.0% 0 n/a 0 n/a (25,000) -5.0% 205,200 3.0% 0 0.0% (10,000) - 18.2% 0 0.0% 0 0.0% 0 0.0% 1,554,300 5.7% 153,900 4.0% 201,100 3.0% 0 0.0% 251,100 10.0% 330,600 5.0% 30,817,395 11.9% 12,600 5.0% 14,100 5.0% 17,700 5.0% 0 0.0% 0 n/a 0 n/a 0 n/a 0 n/a 0 n/a 9,200 5.0% 0 0.0% 41,000 3.3% 0 0.0% (500,000) -13.2% 0 n/a 0 0.0% 0 0.0% (500,000) -3.8% (3,966,637) - 17.2% 0 n/a (1,530,817) 12.2% 24,860,941 8.8% MAR 2 5 003 pg.., 2-0 Operating Divisions: BCC Other General .-X. dnfinistrative Board Related Costs County Manager OMB Support Services Emergency Services Public Services Misc. Comm. Dcv./Envir. Public Works Courts Personal FY 05 Personal Inc. by Services Other Inc. by Op~dCal~. FY 06 Dollar Percent Budget Service~ 4.0% Mandates Services 3.0% Mandates Budget IncdDec. Change 959,897 851,154 885,200 0 108,743 112,005 0 997,205 37,308 3.9% 3,003,494 2,651,430 2.757,487 0 352,064 362,626 0 3,120,II3 116,619 3.9% 4.148.247 4,507.408 4,687.704 0 (359.161) (369,936) 0 4,317,768 169,521 4.1% 93.284 0 0 0 93,284 96,082 0 96,082 2,799 3.0% 787,430 754,818 785,010 0 32,612 33,591 0 818,601 31,171 4.0'/,, 627,741 560,187 582,595 0 67,554 69,581 0 652,175 24,434 3.9% 16,201,000 9,374,764 9,749,755 0 6,826,236 7,031,023 0 16,780,778 579,778 3.6% 2.530,056 920,090 956,894 0 1,609,966 1,658,265 0 2,615,159 85,103 3.4% 18,789,669 9,961,591 10,360,055 0 8,828,079 9,092,921 0 19,452,975 663,306 3.5% 0 0 0 0 0 0 0 0 0 n/a 1,015,037 352,944 367,062 0 662,093 681,955 0 1,049,017 33,981 3.3% 856,986 649,348 675,321 0 207,639 213,868 0 889,189 32,203 3.8% 0 0 0 0 0 0 0 0 0 n/a Sub-total Mandate*/Expanded Services 49,012,841 30,583,734 31,807.083 0 18,429,108 18,981,981 0 50,789,064 i,776,223 3.6% 8.820,055 4,048,394 4,210,330 0 4,771,661 4,914,811 300,000 9,425,141 605,086 6.9% 57,832.897 34,632,128 36,017,413 0 23,200,769 23,896,792 300.000 60,214,205 2,381,308 4.1% 712,493 0 0 0 712,493 733,868 0 733,868 21,375 3.0% 0 0 0 n/a 1,750,000 1,750,000 0 0.0% 10.187,522 10,868,039 680,517 6.7% (I,385,284) (1,440,697) (55,413) 4.0% 0 0 0 0 0 0 n/a 0 0 0 n/a Total Operating Divisions State AtI, PD:ludges Merit Cash Flow Contingency Attrition Helicopter Reserve Regional Trams Center Road Construction Total Reset', es 10,552,238 11,177,343 625,104 5.9% Transfers: Isle of Capri Fire MPO Area Aging MSTD General Fund Court Se~'ices Road & Bridge Conmmni~ Development Guardianship (192) Roads General Fund Support Airpor~ Authority Debt Capital Funds Ochopee Fire EMS 5,623 5,791 169 3.0% 834,504 859,539 25.035 3.0% 116,699 120,200 3.501 3.0% 226,003 232,783 6,780 3.0% 5,708,643 5,965,532 256,889 4.5% 13,901.500 15,150,000 1,248,500 9.0% 57,607 59,335 1,728 3.0% 13.676 14,086 410 3,0% 21,235,500 27,783,700 6,548,200 308% 841,613 841,613 0 0.0% 16,215,779 17,513,041 1,297,262 8.0% 186,500 205,150' 18,650 10.0% 9,327.930 10,558,945 1,231,015 13.2% Misc. 658.966 658.966 Total Trans~rs 69,330,541 0 0 0 0 0 0 79,968,681 10,638,140 15.3% Transfers to Constitutional Officers Clerk 8,406,984 Clerk (Bd. Paid) 438,788 Sheriff 113,010,760 Sheriff(Bd. Paid) 2,382,343 Property Appraiser 6,142,290 Prop. Appraiser (Bd. Paid) 489,18 I Tax Collector l 1,342,426 'Fax Collector (Bd. Paid) 270,488 Supev, Ssor 2,627,689 Supervisor (Bal. Paid) 94,102 85,077,980 88,481,099 1.329,000 27,932,780 28,770,763 2,463,000 8,911,403 504,419 6.0% 451,952 13,164 3.0% 121,043,862 8,033,103 7.1% 2,453,813 71,470 3.0*/0 6,449,405 307,115 5.0% 503,856 14,675 3.0% 12,590,093 1~47,667 !1.0% 278,603 8,115 3.0% 3,632,797 1,005,108 38.3% 96,925 2.823 3.0% Total Transfers 145,205.050 Total Expenses 283,633,220 Forecast 05 270,153,712 85,077,980 88,481,099 1,329,000 27,932,780 28,770,763 2,463,000 156,412,708 11,207,658 7.7% 308,506,804 22,472,258 8.8% MAR 2 5 20D3 I Road & Bridge Fund (101) FY 03 FY 03 FY 04 FY 04 FY 04 % Adopted Forecast Cutout E~ Total Budget A F y,,.~Y, ;.LiOn Unit Budeel Exp/Rev Service Se~,ice Budsct Chan~e Personal Sct~i~s 10.684,200 10.12 LS00 I 1,749,0~6 0 1 I.'/49.096 10.3% Operating Expens~ 4,720,200 4,926,902 4.861,800 0 4,861.8003.0% Capitol Outlay 681,700 877,700 681,700 0 681,?00 0.0% Transfcn 389,(~O0 359,000 389,1300 0 389,000 0.0% Reset. c-Salary Adj~strm:nt 0 0 0 0 0 N/A Attrition (365,900) 0 (470,000) 0 (470,000)28,5% Rcscr~ es 616,800 0 864,600 0 8~4,600 40.2~/. Rtwcnues: G~ Ta.x~s 0 0 0 0 0 N/A 150,0oo I 50,000 150,000 0 150,000 100,000 100,000 100,000 0 t00,o00 0.0% 32.000 32,000 32,000 0 32,000 0,0% Road & Bridge Fund (101} Personal Scr'~ ic~ O~crating Exp~nscs Capital Outlay Transfcr~ Reset'* c-M t~! Bonuses C~r Fo~ ~d Trans for (113) Transfer (313) Sales Tax, Trans. (0OI) 0 0 0 0 0 N/A 1 $0,0OO 150,0OO 150,000 0 150.000 0.0% 32.000 32,000 54,g00 0 54,$00 71.3% 879.898 879,898 996,196 0 996,196 13.2°/. 599.900 599,900 599,900 0 599,900 0.0~/. 36? ,SOO 367,800 367,800 0 367.800 0.0'~4 2,549,[00 2,849,100 2,549.[00 0 2,549,100 0.0% ( 14,1{30) 0 (15,200) 0 ( ] 5,200J 7.8% 18,076.196 18,090,29618,704,096 0 18,?0.4,096 3.5°/. Road & Bridge Fund (10l) Fiscal Yenr 2006 Budlet Attrition (488.800) 0 (508,300) 0 ($08.300) Ga~ Taxes Moor Fu~l Ta.~ ~ Mobile Home Licens~ Imcrts~/Mi~ Carry Forwani Tr-msfer (113) Tr. ms for (313) Sal~s Tt~, Trans. (001) O 0 O 0 0 N/A 150,0~O 150,000 I$0,000 0 150,000 0.0% 100,000 I00,000 100,000 0 100,000 0.0% 54,800 $4.800 23,200 0 23,200 .57.7% 996,196 996.196 421,796 0 421,796 -$7.7% 2,549.100 2,549,100 2,549,100 0 2,849,100 0.0% (15,200) 0 {6,2OO) 0 (6,200) -59.2% 18,704,096 18,719,29619,385,59~ 0 19,355,596 3,5% Attachment C Sales Tax Debt Service Fund (215) Fiscal Year 2004 Budgel FY 03 Adopted Appropriation Unit Budget Debt Service 3,578,700 Cash Flow Reserve 2,842,800 New Debt Service 0 Total Appropriations 6,421,500 FY 03 FY 04 FY 04 FY 04 Forecast Cun'ent Expanded Total Budget Exp/Rev' Service Service Budget Chanl~e 3,578,700 3,573,500 0 3,573,500 .-0,1% 0 2,898,900 0 2,898,900 2.0% 0 0 O 0 N/A 3,578,700 6,472,4CX) 0 6,472,400 0.8% Sales Tax 3.556,100 Miscellaneous Revenue 96,000 Cato' Forward 2,952,200 Bond Proceeds 0 Revenue Reserve (182,800) Total Revenues 6.421,500 3,556,100 3,464,0OO 0 3,464,000 -2.6% 96,0OO 96,0OO 0 96,000 0.0% 3,017,000 3,090,400 0 3,090,400 4.7% 0 0 0 0 N/A 0 (178,000) 0 (I 78,000) 6,669.1OO 6,472,400 O 6,472,400 0.8% Sales Tax Debt Service Fund (21S) Fiscal Year 2005 Budget FY O4 Adopted Appropriation Unit BudGet Debt Sen'ice 3.573,500 Cash Flow Resene 2,898,900 Nex~ Debt Service 0 Total Appropriations 6,472,400 FY 04 FY 05 FY 05 FY 05 % Forecast Current Expanded Total Budget Exp. Rev Sen'ice Service Budget Chanve 3,573.500 3.571,800 0 3,571,800 0 2.961,100 0 2,961,1OO 2.1% 0 0 0 O N/A 3,573.500 6,532,900 0 6,532,900 0.9% Revenues: Sales Tax 3,464,000 Miscellaneous Revenue 96,000 Carry Forward 3,090,400 Bond Proceeds 0 Revenue Reserve (178,000) Total Revenues 6.472.400 3.464,000 3,541,900 0 3.541.900 2.2% 96,000 96,000 0 96.000 0.0% 3.090,400 3,076.900 0 3,076,900 -0.4% 0 0 0 0 N/A 0 (181,900) 0 (181,900) 2.2% 6.650,400 6,532.900 0 6.532.900 0.9% Sales Tax Debt Service Fund (215) Fiscal Year 2006 Budget FY O5 Adopted Appropriation Unit Budget Debt Serv/ce 3,571,800 Cash Flow Reserve 2,961,100 New Debt Service 0 Total Appropriations 6,532,900 FY 05 FY 06 FY 06 FY 06 % Forecast Current Expanded Total Budget Exp/Rev Service Set,See Budget Chan~e 3,571,800 3,571,800 0 3,571,800 0.0% 0 3,013,900 0 3,013,900 1.8% 0 0 0 0 N/A 3,571,800 6,585,700 0 6,585,700 0.8% Revenues: Sales Tax 3.541,900 Miscellaneous Revenue 96,000 Carry Forward 3,076,900 Bond Proceeds 0 Revenue Reserve ( 181,900) Total Revenues 6.532,900 3,541,900 3,527,900 0 3,527,900 -0.4% 96,000 96,000 0 96,000 O.(P/~ 3,076,900 3,143,000 0 3,143,000 2.1% 0 0 0 0 N/A 0 (181,200} 0 (181,200) -0.4% 6,714,800 6,585,700 0 6,585,700 0.8% Gen. Fund FY 03 Budget 24,247,300 FY 04 Budget 25,875,123 FY 05 Budget 27,264,179 FY 06 Budget 28,818,483 Total Debt Service Sale~; Tax 3,556,100 27,942,021 3,464,000 29,339,123 5.0% 3,541,900 30,806,079 5.0% 3,527,900 32346,383 5.0% Attachment D Emergency Medical Services Fund(490) FY 04 Budget Appropri*tinn Unit Personal So'vices Operating Expenses Capital Outlay Transfers Reserves Total Appropriations FY 03 FY 03 FY 04 FY 04 FY 04 % Adopted Forec~t Cunent Expanded Total Budg~ Bud,:et Exp/Rev So~d~ Service Budg~ Change 11.398.800 11.398.800 11.917.400 0 11.917.400 4.5% 2,285.900 2,285.900 2,354.500 0 2.354.500 3.0% 62.000 62.000 62.000 0 62,000 0.0% 6.000 6.000 3.000 0 3.000 -50.0% 687.200 0 713.600 0 713,600 3.8% 14,439.900 13.752.700 15,050.500 0 15,050,500 4.2% Revenues Ambulance Fees Prior Year Revenue Trans. Gen'l Fund Imerest/Misc. Cant Forward Revenue Reserve Total Revenue 6.208.600 5,587.740 6.208.600 0 6.208.600 0.0% 0 0 0 0 0 N/A 8.286.700 8.286.700 7.867,490 0 7.867.490 -5. I% 0 0 0 0 0 N/A 255.000 1.163.070 1,284.810 0 1,284.810 403.8% (310.400) 0 (310.400) 0 (310.400) 0.0% 14.439,900 15.037.510 15,050,500 0 15.050,500 4.2% Emergency Medical Services Fund (490) FY 05 Budget Appropriation Unit Personal Services Operating Expenses Capital Outlay Transfers Total Appropriations FY 04 FY 04 FY 05 FY 05 FY 05 % Adopted Forecast Current Expanded Total Budget Budget Exp:'Rev Service Service Budl~et Chan~e 11.917,400 11.917.400 12.394.100 500.000 12,894.100 8.2% 2.354.500 2.354.500 2.425,100 30.000 2.455.100 4.3% 62.000 62.000 0 0 0 -100.0% 3.000 3.000 0 0 0 - 100.0% 713.600 0 741.000 26.500 767,500 7.6% 15.050.500 14,336.900 15.560,200 556.500 16.116.700 7.1% Ambulance Fees Prior Year Revenue Trans. Gen'l Fund Interest/Misc. Carry Forward Total Revenue 6,208.600 5.898.170 6.394.900 0 6,394.900 3.0% 0 0 0 0 0 N/A 7.867.490 7.867.490 8,771.430 556,500 9.327.930 18.6% 0 0 0 0 0 N/A 1.284,810 1.284.810 713.570 0 713.570 -44.5% (310,400) 0 (319.700) 0 (319,700) 3.0% 15.050,500 15,050,470 15.560,200 556.500 16.116,700 7,1% Emergency Medical Services Fund (490) FY 06 Budget Appropriation Unit Personal Services Operating Expenses Capital Outlay Transfers Total Appropriations FY 05 FY 05 FY 06 FY 06 FY 06 % Adopted Forecast Current Expanded Total Budget Bud[~ct Exp/Rev Service Servic~ Budget Change 12.894,100 12,894,100 13.667.700 520,000 14.187,700 10.0% 2,455.100 2.455.100 2.528.800 30.000 2,558,800 4.2% 0 0 0 0 0 N/A 0 0 0 0 0 N/A 767,500 0 809.800 27,500 837.300 9.1% 16.116.700 15.349,200 17,006.300 577.500 17.583.800 9.1% Ambulance Fees Prior Year Revenue Trans. Gen'l Fund Interest/Misc. Carry Forward Total Revenue 6.394.900 6.075.155 6.586.700 0 6.586.700 3.0% 0 0 0 0 0 N/A 9,327.930 9.327,930 9.981,445 577.500 10,558.945 13.2% 0 0 0 0 0 N/A 713,570 713,570 767,455 0 767,455 7.6% (319.700) 0 (329.300) 0 (329.300) 3.0% 16,116,700 16,116,655 17,006,300 577,500 17,583,800 9.1% AGE~'~DA ITEM NO.__zO 'C~ t'4AR 2 5 2003 Pg. ,~.. ~ .. AGE;'~DA iTEM MAR 2 5 2003 Pg. ~, ~ AGENJ~A !Tr~ MAR 2 5 2003 ,:',~._ 2 '7 EXECUTIVE SUMMARY RESOLUTION AUTHORIZING A TEMPORARY FUEL COST SURCHARGE TO ALLOW TAXICAB DRIVERS TO RECOVER SOME COSTS OF THE RECENT INCREASES IN THE COST OF MOTOR VEHICLE FUEL OBJECTIVE: To approve the attached Resolution allowing Taxicab drivers to charge a temporary fuel surcharge to recover some of the increase in fuel costs. CONSIDERATIONS: There have recently been extraordinary and unanticipated increases in the costs of gasoline and diesel fuel to operate motor vehicles, which cost increases cannot be avoided by taxicab drivers; and the current maximum taxicab rates set by Collier County's Vehicle for Hire Ordinance were established based upon assumptions that the costs of motor vehicle fuel would not be as high as they are currently. FISCAL IMPACT: There is no fiscal impact anticipated. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution allowing Taxicab drivers to collect a temporary fuel surcharge to offset the increase costs of motor vehicle fuel. SUBMITTED BY: REVIEWED BY: APPROVED BY: ,.~,,~_~.~ ~-~._,_~ Date: -~lns (/ Janet Powers, Operat'o Manager · ~ichel~ector ~~. Schm~t Date: Date: MAR 2 5 20 3 Pl._/ RESOLUTION NO. 2003 1 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, AUTHORIZING A TEMPORARY 5 FUEL COST SURCIIARGE TO ALLOW TAXICAB DRIVERS TO 6 RECOVER SOME COSTS OF THE RECENT INCREASES IN COSTS OF 7 MOTOR VEHICLE FUELS 8 9 WHEREAS, there have recently been extraordinary and unanticipated increases in the i0 costs of gasoline and diesel fuel to operate motor vehicles, which cost increases cannot be I I avoided by taxicab drivers; and the current maximum taxicab rates set by Collier County's Vehicle 12 for Hire Ordinance were established based upon assumptions that the costs of motor vehicle fuel 13 would not be as high as they are currently; and 14 15 WHEREAS, taxicabs average approximately twelve (i 2) miles per gallon of motor fuel 16 and approximately half of the time a taxicab is on the road and "on duty for business" is spent ! 7 driving with no passenger in the taxicab; and 18 19 WHEREAS, taxicab drivers need temporary rate relief to be allowed to recover part of 20 the recent increases in the retail costs of motor vehicle fuels. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 24 25 1. Each taxicab operator certificated by the Collier County Public Vehicle Advisory Board is 26 hereby authorized, but not required, to add a fuel cost surcharge for each trip up to $I .00 in 27 addition to the total rate as indicated on the meter for the trip provided the following notice 28 in posted in taxicab in such a place and manner that the notice can readily be read by 29 passengers: "Notice to Passengers: Due to the high cost of fuel your Driver is temporality 30 authorized, but not required, to charge a fuel cost surcharge up to $1.00 above the amount 31 of money shown on the taximeter." 32 33 2. All money collected from these fuel cost surcharges shall belong exclusively by the taxi 34 driver who collected the surcharge to pay for the increased costs of fuel for the taxicab. 35 36 3. This temporary fuel cost surcharge shall continue until repealed by Resolution of the Board 37 of County Commissioners acting as the Public Vehicle Advisory Board, which Resolution 38 shall be adopted as soon as practicable after the average retail cost along Airport Pulling 39 Road in Collier County for unleaded regular gasoline is determined by that Public Vehicle 40 Advisory Committee to have dropped below $155.9 cents per gallon. 41 42 4. This Resolution shall be effective upon its adoption 43 44 PASSED AND ADOPTED by the Board of County Commissioners of Collier County, 45 Florida, this ~ day of ,2003. 46 47 ATTEST: 48 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 49 By:. 50 Deputy Clerk 51 52 Approved as to form ~~iency: 53 54 By: '~ ~ - 55 Thomas C. Palmer, ~ 56 Assistant County Attorney By: TOM HENNING, Chairman MAR 2 5 2003 EXECUTIVE SUMMARY REQUEST BY DAVID REINERTSEN, REPRESENTING SOUTHERN EXTREME WATER SKI TEAM, TO WAIVE FEES IN THE ESTIMATED AMOUNT OF $252S FOR A REGIONAL WATER SKI TOURNAMENT TO BE HELD AT SUGDEN REGIONAL PARK JUNE 20 TO 22. Obiective_: To support the use of County facilities for privately produced special events in a manner consistent with Board-approved policies. Considerations.: Southern Extreme Water Ski Team, a nonprofit organization, would like to host a regional water ski tournament on Lake Avalon at Sugden Regional Park on June 20 to 22. The petitioner is requesting that fees associated with the production of this event be waived. Associated fees include $800 per day facility rental rate in accordance with the Board-approved Outdoor Areas License and Fee Policy (total rental fee will be $2400 for the three-day event) and $125 special event permit application fee. While the event will attract out-of-town visitors as well as competitors who will be staying in local hotels, it will put the park out of the use of the general public for three days. As such, Parks and Recreation anticipates some lost revenue from the unavailability of paddleboat and pavilion rentals and anticipates increased staff time for monitoring of the event and potentially maintenance. Staff involvement in parking and security for the event has not yet been negotiated with the petitioner. The Outdoor Areas License and Fee Policy provides for non-security and security staffing of events at $15 and $20 per hour per person, respectively. ~: Potential revenue for the Parks and Recreation Department if fees are not waived is $2400 in facility rental fees to offset loss of use of the facility to the public, plus additional fees for staffing costs as yet to be determined. Community Development and Environmental Services will receive $125 for processing of the special event permit application. If fees are waived Community Development and Environmental Services requests a reimbursement of $125 to Fund 113 from the General Fund. Growth Mana.qement Imrmct: No Growth Management Impact is associated with this action.. Recommendation: Staff supports the event and believes it would be good for the community but recommends against waiving the required fees established by Board policy. Pgo / _ ~-~mda O. Townsend, OperatiOns Coordinator Parks and Recreati~,: iPa~lent l~lt ¢ Ramsey, Director// / Parks and Recreation Detent Jo~ Dunnuck, Administrator Dl~ision of Public Services I.l, gen da HAR 2 5 2003 pg. ~ EXECUTIVE SUMMARY ACCEPT A GRANT AGREEMENT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $54,000 AND AUTHORIZE A CODE ENFORCEMENT POSITION FOR ENFORCEMENT OF THE BOARDS' IRRIGATION ORDINANCE. OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District; accept a grant agreement from the South Florida Water Management District (SFWMD) to assist in funding of a project being administered by the Public Utilities Division; and, authorize one Code Enforcement position. CONSIDERATIONS: On November 8, 2002, the Collier County Public Utilities Division submitted a grant application for the following project to the Big Cypress Basin Board under their Cooperative Water Resource Projects Funding Program: Title.: Code Enforcement Investigator Position and Rain Sensor Switch Installation Program Description: The project includes funding for a portion of the salary of the Water Irrigation Code Enforcement Investigator and funding provisions to provide financial assistance to homeowners for installation of irrigation system rain sensor switches. Funds in the amount of $100,000 were requested in the application for this project. At their meeting on January 31, 2003, the Big Cypress Basin Board recommended funding for this project in the amount of $54,000. Public Utilities is now in receipt of the contract agreement for this project, which needs to be executed and returned to the SFWMD for final processing. This grant requires matching funds from Collier County. This aspect of the project consists of two components. Component One - Code Enforcement Investigator: Component One is a request for funding for half of the cost of hiring one full time Code Enforcement Investigator. Grant funds will be used to fund one-half of the cost of this Investigator and Water-Sewer District funds will beused to fund the second half of the cost. The Investigator will be enforcing the County's Water Irrigation Ordinance. Fine revenue generated from citations to violators is anticipated to offset the Water-Sewer District cost of funding the position. In FY04 and in future budget years, citation revenue will continue to fund this position with or without grant funds. If there is insufficient fine revenue to fund this position at the end of any future budget year, the Investigator responsibilities will be transferred to another area of the Public Utilities Division or into a funded slot in another Division. ... I Component Two - Rain Sensor Switch: To provide the matching funds for the rain sensor switch portion of the application, the Big Cypress Basin indicated that Collier County could use customer funding (a receipt from the installation of the rain sensor device by a contractor, or a receipt for the purchase of the rain sensor device if the owner of the irrigation system elects to do a self-installation) for the matching funds. The period of the performance for this agreement is one (1) year from the project start date set forth in the agreement. FISCAL IMPACT: Revenue in the amount of $54,000 will be realized upon fulfillment the provisions contained in the agreement. The required matching funds consist of an appropriation of $35,410 for the Code Enforcement position in the County Water/Sewer Operating Fund (408) and customer funding (receipts for installation and purchase of rain sensor device). Approval of a budget amendment is necessary for this transaction. The source of funds is Water User Fees. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Accept the following grant agreement from the South Florida Water Management District: (a.) Contract No. C- 15063 - Code Enforcement Inspection Position and Rain Sensor Switch Installation Program in the amount of $54,000.00. 2. Authorize the Chairman to execute the agreement. 3. Authorize the Code Enforcement Investigator position. SUBMITTED BY: ~~"~'~ Date: Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: , _ _x~_ Date: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: //~-, ,,'47v/'~ ~'--~ Date: ?-/~-°~ Roy ~. Anderson, P.~,,cl~irector Public,.,Utilitig, s F_/n, gq~eej;itng Department APPROVED BY: ~~----~7 . Date:t/'°~/ ~ Jan~e_s _W_.._.D.eLo_n.y, .P.~., Administrator .Ju lic Utilities Division 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT Recipient: COLLIER COUNTY PUBLIC UTILITIES DIVISION Recipient's Project Manager: James W. DeLony Address: 3301 East Tamiami Trail Bldg. "IF', 3rd Floor Naples, FL 34112 Telephone No: (239) 732-2540 Fax No: 239) 732-2526 ;FWMD Project Manager: Barbara Kerby Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: 59-6000558 Project Title: Code Enforcement Inspection Position and Rain Sensor Switch Installation Program Description: Staff position to provide inspection for Collier County water imgation inspection program. Contract C-15063 Page 1 of 9 MAR 2 5 2003 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This para~aph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". CGntract C-15063 Page 2 of 9 MAR 2 5 2003 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an i~:¢oice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received' if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. Contract C-15063 Page 3 of 9 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agio. ment shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under, this Agreement. The District may withhold, all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 6.5 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. In the event the Recipient's funding becomes unavailable, that shall be gOod and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. AG[#DA IT£~q /0-37' Contract C- 15063 Page 4 of 9 HAR 2 5 2003 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rip, ars as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving fin~ payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes.. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request,' as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient Contract C-15063 Page 5 of 9 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and pemaits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrminafion in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 9.1 ARTICLE 9 - INDEMNIFICATION AND INSURANCE The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. Contract C-15063 Page 6 of 9 MARi2 5 2003 PG.. 10.1 10.2 10.3 11.1 ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any fights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govemment, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Contract C-15063 Page 7 of 9 PG. ? 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15063 Page 8 of 9 AGg NOA I1£~ 2 5 2003 PG. /~ IN WITNESS WHEREOF, the Parties or their duly execute this Agreement on the date written below. authorized representatives hereby SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: Board of County Commissioners, Ex-officio to~alNarne' the governing board of the Collier Recipicnt's C~nty Wa~er-Sewer District By Authorized Official: Title: Tom Itenning ~ Chairraan Date:, Project Start Date: March 31, 2003 SFWMD Procurement approved: Date: Contract C-15063 Page 9 of 9 AGt:NOA IT£I~ MAR 2 5 2003 PG. // 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE WATER RESOURCES PROJECT APPLICATION FORM Application No: BCB CWRP - FY03 ATTACI~[EI~T "A" C-15063 (District to provide) The undersigned Applicant has read all of the terms and conditions of the Big Cypress Basin Cooperative Water Resources Projects Funding Program Guidelines and Application, and certify that all of the information contained within this Application and subsequent Attachments are true and correct to the best of its knowledge. Applicant's Legal Name: Collier County Water-Sewer District (State Div./Dept. if applicable) Project Title: Code Enforcement Inspector/Rain Sensor Switch Installation Program Description: Full-time staff position to provide water irrigation inspection for Collier County. Matching funding for the Purchase and installation of new rain sensor switches. Type of Organization: County 6overnment Applicant's Address: $301 East Tamiami Trail Bldg. 'H', SM Floor Naples, FL 34! :12 Funding Amount Requested: $100,000 County in which Project will be Built: Collier County Date of Incorporation: State of Incorporation: Federal ID No.: 2!-07-01999§-53C Is the Project being performed on District property? Yes [] If "yes", please attach District's Certificate of Insurance. No · Has your organization ever received funding under the Big Cypress Basin Cooperative Water Resources Projects Funding? Yes [3 No · Year last received: Amount of Funding Received: Authorized Person's Name:. ,Tam~e~.~W. DeLony, PE , Titl~< P~blic)Utilities Administrator Telephone Area Code/Number: (259) 732-2540 Fax Number: (239) 732-Z526 C-15063 PAGE 1 OF 6 AGE-hA_ I T£M.~.. MAR 2 5 2003 PG. /r~_ DETAILED DESCRIPTION OF PROJECT Statement of Work for the Code Enforcement Inspector Position and Rain Sensor Switches 1.0 Introduction The Collier County Board of Commissioners (BCC) adopted the "Collier County Water Irrigation Ordinance" on April 9, 2002, County Ordinance No. 2002-17. By adopting the ordinance, the BCC has determined that the protection of water resources is in the best interest of Collier County. Their position on protecting and preserving the water resources of Collier County conforms to the mission of the Big Cypress Basin of the South Florida Water Management District by providing a regulatory framework to assist in the conservation of water resources of the area. The chief components of the ordinance are to limit potable water uses for irrigation by restricting the hours for landscape irrigation, and to require that new and existing irrigation systems are equipped with rain sensor switches. Under the ordinance, existing irrigation systems must be retrofitted with rain sensor switch switches within one year from the effective date of the ordinance. Therefore, rain sensor switches arc required to be installed on all irrigation systems by April 16, 2003. Thc County has committed to create a full-time position within the Collier County Water Department for a Water Irrigation Code Enforcement Inspector. Thc inspector's responsibilities will be to enforce the County's Water Irrigation Ordinance through the on-going inspections of new and existing irrigation systems and to levy citations against violators of the ordinance. Fines for violations have been set at $75.00 for each violation, with civil infractions of up to $500.00 for ' repeat offenders. It is planned to seek BCC approval to require that fine revenues collected be kept within the Water Department to fund water conservation education endeavors and to partially fund the Code Enforcement Inspector position. The grant application for this project is for partial funding for the first year's salary to establish the position of Water Irrigation Code Enforcement Inspector. In addition to establishing the Code Enforcement Inspector position, funding is being sought to provide financial assistance to homeowners of Collier County who must now equip their existing irrigation systems with rain sensor switches. The rain sensor switches are designed to override the irrigation cycle of the sprinkler system when adequate rainfall has occurred. The intent in providing financial assistance is to offset the homeowner's initial cost to upgrade their irrigation system and to bolster cooperation between the County and its water customers. The County's goal is to achieve 100 percent compliance with the Water Irrigation Ordinance. 2.0 Project Scope The project includes funding for a portion of the salary of the Water Irrigation Code Enforcement Inspector through December 2003 and funding provisions to provide financial assistance to homeowners for installation of irrigation system rain sensor switches. Tasks include the following: C-15063 PAGE 2 OF 6 Water Im~ation Code Enforcement Inspector: County selects new hire for the Code Enforcement Inspector County Water Department requests BCC to approve use of fine revenue to fund water conservation education and Code Enforcemem irrigation violations only. · Code Enforcement Rain Sensor Switch Installation Program: · Establish program funding criteria Send notification to water customers · Install rain sensor switches (by private owners) · Provide refunds to customers 3.0 Work Breakdown Structure 3.1 Description of Project Elements The grant funding request incorporates two interrelated projects through the Collier County Water Irrigation Ordinance: the Water Irrigation Code Enforcement Inspector position and the Rain Sensor Switch Installation Program. The associated tasks required to complete each project are as follows: Water Irrigation Code Enforcement Inspector: As described above, the County will hire the inspector and request the BCC to approve use of fine revenue to fund water conservation education and Code Enforcement. The Code Enforcement Inspector's job description will be for enforcemem of irrigation violations only. Rain Sensor Switch Installation Pro,am: The County will establish the criteria for a refund program 'for installation of rain sensor switches. Options include refunds for a portion of the purchase of the equipment only or refunds for a portion of the equipment and installation costs. Notifications will be sent to customers advising of the procedures for refunds. Notifications will include potential rain sensor switches suppliers and installation contractors. Customers that request refunds will be required to provide copies of receipts and installation date. Refunds could be provided in the form of credits to water bills. 3.2 Project Justification and Cost/Benefit Estimates This project is justified through the adherence of the goals and objectives of the Collier County Water Irrigation Ordinance. Funding for the new Water Imgation Code Enforcement Inspector will AG[t~A ~o. c- so6 ,^a£ 6 MAR 2 5 7.003 PG. enable the County to begin immediately enforcing the rules of the new ordinance. This is a newly created, full-time position that will allow the County to enforce the Water Irrigation Ordinance. The cost benefits for providing funding for the position will be recognized with the decrease of potable water demand. Further justification is that funding will help overcome start-up cost for the first year of the position. Once the program is started, fine revenue generated from citations issued to violators will partially fund future salaries of the position and provide the County additional funding to educate their citizens regarding water conservation. If funds for installation of the rain sensor switches are provided, this will encourage homeowners to abide by the requirements of the Water Irrigation Ordinance. Offsetting the initial cost of the rain sensor switch sends a clear message that the County is willing to partner with the homeowners in protecting the water resources of the District by sharing the burden of installation cost. The overall benefit will be greater voluntary participation with the installation of the rain sensor switches. 3.3 Long-Term Benefits The long-term benefit of the Code Enforcement Inspector position will be to monitor and reduce irrigation violations on a year-round basis to protect the water resources of the County. The long-term benefit to assisting homeowners with the up-front cost of the rain sensor switch installations is the collaboration between the County and the citizens to work together to meet the requirements of the new ordinance. 4.0. Project Cost It is anticipated that the Code Enforcement Inspector position salary will be in the range of $30,000 to $40,000 per year. The current budget allows for the County to hire someone for this position. Costs for rain sensor switches will vary depending on whether they are installed by the homeowner or by contractors hired by the homeowner. It is estimated that the cost of rain sensor switch equipment installed will average about $100 per customer and that there may be 1,500 customers remaining to install rain sensor switches. Total costs for this program may therefore be $150,000. There will also be an estimated cost of $10,000 for the County to administer the rain sensor switch refund program. There are currently no budgeted costs for the rain sensor switch program. 5.0 Location of Project This project is Countywide within the unincorporated areas of Collier County. 6.0 Schedule All rain sensor switches are required to be installed by April 16, 2003. The Code Enforcement Inspector position will be ongoing starting in early 2003. C-15063 PAGE 4 OF 6 AC~ I~DA IT£N m0. MAR 2 5 2003 PG~ _ /~' FUNDING PROPOSAL The funding proposal for this project consists of two components. Component One - Code Enforcement Inspector The first component is the request for funding for half of the cost of hiring one full time Code Enforcement Inspector. Collier County has budgeted for and will reclassify an existing vacant position once the grant is approved. The Personnel Budget for the Water Distribution Fund is attached. The amount budgeted for the vacant position is currently $35,410. Component Two - Rain Sensor Switch As for the matching funds for the rain sensor switch portion of the application, Clarence Tears (BCB-SFWMD) indicated that Collier County could use customer funding (a receipt from the installation of the rain sensor device by a contractor, or a receipt for the purchase of the rain sensor device if the owner of the irrigation system elects to do a self-installation) for the matching funds. Documentation to identify this match is not available at this time due to the fact that matching funds will actually come from customers of the Collier County Water-Sewer District. The request for support shall be applied only for the payment of costs associated with the project elements identified. C-15063 PAGE $ OF 6 AG~QA o..r HAR 2 5 2003 FUNDING PROPOSAL Personnel Budget Information Water Distribution Fund ~ DRAFT 10rdld)2 CC OC. DESCRIPTION APPROPRIATION ENCUMBRANCE Y'I'D EXPENSE MTD EXPENSE UNE~ ~12 512100 REGULAR SALARIES 1,674~00.00 0.00 83,~4.67 83,664.67 1,590,615.33! _'~__'~_12513100 OTHER SALARIES AND WAGES 0.00 0.00 1 ~393.58 1,393.58 -1 _~__w'~12 514100 OV~YIME 139,300.00 0.00 14,512,38 14,512.38 124,787.62 _~"o12 ! 519100 RESERVE FOR SALARY ADJUS'r',;,~,"r ' 95~000.00 0.00 0.00 0.00 95,800.00 ~-_- _~-12521100 'SOCIAL SECURITY MATCHING 138~700.00 0.00 7,~l~;, ~ 7,rmv' ~ 131,317.78 _~:~21522100 iRr..im~EMENT- REGULAR 111,2130.00 0.0( 5,649.95 5,648.95 105,500.~ :;~-~_~2 [ 523150 HEALTH IN~J.~I, NCE 370,100.00 0.00 0.iX3 0.00 370,100.00 ~"~__~_~2 -~-~i60 LIFE INSURANCE 7,200.{X) 0.00 0.00! 0.00 7,200.C-3 __--'~?~1__ 2 524100 NORKER'S COMPENSATION - REGULAR 71,000.00 0.00 0.00 0.(30 71,000.~ '~-~___?i~6314"10 SURVEYING FEES ~,__n~:l_ 00 0.~ 0.00 0.00 3,000.00 _~_-:_-~i2~-',,~-.::~ COL.LECT-~I SERVICES 25,000.(300 0.(30 0.(30 0.(30 25~000.0G ~ 2 ~ ~"'--~RGENCY MAINT & REPAIR (30,500.(]0 0.1~ 0.(30 0.0l] ~,-q~ 00 _":~-"~12 6~ INTERDEPT PAYMENT FOR SERV 1,500.00 0.001 0.00 0.0~ 1 ~500.00 ~,:_--~_~26~.~'~"~_ OTHER CONTRACTUAL SERVICES 009,6G3.00 265~182'~4 42,353.48 42, ' i -500.(30 :z~_-~_:d2_~,~-_-__---_-_~_--_. LOC~r_~....rI'HS . SERVICES AND SUPPLIES 500.(30 1,000.00 0.(30 . ~-'~:~ 2 5',,:~---,OUT OF COUNTY TRAVEL .PROFESSIONAL D 6,200.(30 1,000.00 0.(30 0.(30 5,200.(30 -;,~-~'i2 641100 TELF_PHONE - BASE COST 23r200.00 ~,0"~'~.10 496.38 496.38 20,676.5~ '_~2 64115~3 TELEPHONE BEEPERS - BASE COST 300.0~ 255.75 23.25 23.25 20.0C '_~'~2 641700 CELLULAR TEl-F-PHONE 5~8(X).013 5,000.(X) 0.(30 0.00 800.0~ ~_-~2~ 2 ~41950 POSTAGE, FREIGHT & UPS 7,800.00! 0.00 11.73 11.73 7,788.27' :z~_-_~_;fl2 ~43100 ELECTRICITY 500,000.(30 0.(30 45,766.15 45,766.15 454~233.85 ~2 _~.~_--_-_, TRASH & GARBAGE DISPOSAL 7,200.(30 0.(30 537.71 537.71 25~212 643400 WATER & SEWER 3,000.00 0.(30 233.58 233.58 2,766.4- _'2~__'~'~1_ 2 .6~'~r::'~RENT ' EQUIPMENT 4~580.00 280.00 415.85 415.85 3~804.1E 2~3-2t2 ~ 6'~'--~ AUTO INSURANCE 29,400.00 0.00 0.(30 0.(30 29~400.00 2~:--~'----/i2 i 646110 BUILDING R&M ' OUTSIDE VENDORS 2,500.(30 0.00 0.00 0.00 __25.__'~__121 64S311 SPRINKLER SYSTEM MAINTENANCE 1,000.00 0.130 0.00 0.00 1,000.~ 25321 2 64631 4 MAINTENANCE ' LANDSCAPING 19~000.00 6,955.00 823.35 823.35 11 ~221.6~ :~532i 2 646430 iFLEET MAINTENANCE I.S.F.'LABOR & OVE 42~500.00 ~.00 0.(30 0.00 42~500.00 253212~ ~ FLEET MAINTENANCE I.S.F. ' PARTS & S 28,200.00 0.0(] 0.00 0.0~ 2~_--_~__~121 646445 FI t=FT NON'MAINTENANCE ISF ' PARTS & t 2,600.(30 0.~ 0.00 0.(30 2~600.00 25321Z 64651(] MACHINE & TOOLS R&M ' OUTSIDE VENDOR 5,600.00 3,485.12! 0.00 0.00 2,114.88 __25-_ 33__12 646610! COMMUNICATION EQUIP R&M 'OUTSIDE VENI 3~900.00 0.00 0.00 0.00 3,900.0(3 253212 646710 OFFICE EQUIPMENT R&M 100.(30 0.00 0.00 0.00 100.0(] __"Z~'~12 647110 PRINTING &/OR BINDING ' OUTSIDE VEND 1 ~500.00 937.50 0.{30 0.(30 582.5~ 25.3212 648170 MARKETING AND PROMOTIONAL 3,000.(30 0.(30 0.00 0.00 3~000.0~ ~532i2 6'lg010 UCENSES & PERMITS 10,000.001 0.00 131.00 131.00 9,869.00 253~2 6"----~--:~' REIMBURS~,~''ENT PRIOR YEAR REVENUES 51000.00~ 0.(30 0.00 0.00 5,000.00 ~1 2 ~':':_~'_~OTHER MISCELLANEOUS SERVICES 5~000.00 2,000.00 0.(30 0.00 3,000.00 --'25'--'~--12 651110 OFFICE SUPPLIES ' GENERAL 3,900.(30 3,200.00 0.00 0.00 700.00 '__~_--~--__;'12 651210 COPYING CHARGES 10,000.00 3,000.00 0.00 0.(30 7,000.00 --~'~'~712E52110 CLOTHING & UNIFORM PURCHA'~I=~ 5~400.00 0.00 0.(X] 0.00 5,400.00 25-:_~212 652120 UNIFORM ACCESSORIES 3,800.00 4,000.00 0.(X] 0.00 '200.00 ~ 2' 652130 CLOTHING & UNIFORM RENTAL 13,000.00 1 ~508.31 491.6g 491 .~9 0.00 --2~----'~--12 6-5------'--:5t0 FERT;t ~71=R, HERBICIDES & CHEMICALS 3,000.00 ~100.00 0.00 0.0~ 900.(30 25~'2t2 6524~0 ;FUEL & LUBRICANTS ' I.S.F BILUNC--~ 78,800.(30 0.(30 0.~0 0.0~ 78,800.00 '__:"~i2 '~5_--2--3_--I(]IHOUSEHOLD& INSTITUTIONAL SUPPUES 1,500.00 1,500.0(] 0.00 0.00' 0.00 2S.'T212 _~_--2';'113 MINOR OPERATING EQU:"''':'~NT 4~500.00 1,762.99; 337.01 337.01 47,400.(30 25-~12 "~:"~ .UMBER AND LAMINATES 3~500.00 1,000.00 0.00 0.00 2~500.00 Z"~Z12 '~.~'~ OT~,~,E~ OPERATING SUPI~--!E$ 67,0(X).00 23,48g.34 242.31 242.31 :~¥~2 653110! [m~=ROCK CLAY AND RIP'RAP 5,724.5{) 2~000.00 0.130 0.00 3,724.5(~ "~:~'~'2 6~'i38~ ASPHALT & COLD MIX 5,000.(30 ~000.00 0.00 0.00 3,000.(30! ':'~;q2 --~]----!50 C-'~---~NT& REDI'MIX 8,000.(30 0.00 0.00 0.00 8,000.(30 Z'~_~:/t2 654110 BOOKS, PU--RI--I~'ATIONS & SUBSCRIPTIONS 0.00: 1~000.00 0.(30 0.(30 '1,000.(30 :~'~'r__--'l 2 .E~"~"--"--"--"--'~------ OTHER TRAINING/EDUCATIONAL EXPENSES 12,000.00 1 ,(X)0.00 0.00 0.00 :~'~-/t2 654370 ORG..~__?~__ATIONAL DEVELC~'-~E,"~r 9,g00.00 0.~30 0.00 0.00 9,gnn ,-; ':/5-_ ~212 655100 UTILITIES PARTS[ ETC. 1,651,200.00 791,114.81 1,834.11, 1,834.11 858~251, - :.~-_-~_~12 6'~_ ~_-:,UTILITIES REPAIR~ ETC 17~000.00 3,000.(30 0.00; 0.(30 - 14,000.~  ~212 78,~.:.~,:_~ OFFICE EQU;PM~.NT 12~000.00 0.00 0.00 0.00 12,000.(30 12 To~l 5~995~224.50 111SI 1797.7~ 2~:~1327.38 2~1327-~ 41(~271~'38 C-15063 PAGE 6 OF 6 NO ~,G£, A IT MAR 2 5 2003 PG.. /7 RESOLUTION NO, 2003- _ RESOLUTION TO SUPPORT THE CONTINUED STATE 'FUNDING FOR PRIMARY CARE FACILITIES THROUGH A LOCAL, STATE AND FEDERAL MATCHING PROGRAM. Whereas, Governor Jeb Bush signed into legislation funds to create the expansion of primary health care clinics throughout the State of Florida per House Bill 27-E, the General Appropriations Act passed by the 2002 Florida Legislature. Whereas, This grant opportunity utilizes a funding mechanism known as an Upper Payment Limit and is provided by the Agency for Health Care Administration (AHCA) and the Department of Health. Whereas, in conjunction with this program, Collier Health Services, Inc. with the support of the Collier County Commission was awarded a grant to create a primary care facility in the greater Naples communitY, and; Whereas, it is anticipated that this Clinic, once operational, would provide 13,500 medical visits for 5500 patients during the first year to serve those who in' the community without adequate insurance, and; Whereas, this program utilizes $164,000 of local, existing funds to be matched with $164,000 of State general revenue dollars that, when combined, provide an additional $472,000 in Federal funds for a total of $800,000. Whereas, it has recently come to the attention of staff, that the Florida State Senate has removed the State match for this program out of its proposed budget for fiscal Year 2004, and; Whereas, the Senate's action, if approved, would eliminate the County's ability to leverage Federal funds and continue the primary care clinic for the citizens of Collier County, and; - Whereas, in a time where,'there are budget constraints, the legislator should protect funds that leverage additional Federal and local matching programs to lower the cost of health care. 2003 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: This resolution seeks to request that the Southwest Florida legislative delegation support the continued funding of the primary care expansion program and to lobby the Senate to appropriate these funds for the coming state fiscal year. This Resolution adopted this _ _ day of.. motion, second and majority vote in favor of adoption. 2003, after ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form' and Assistant County Attorney By: Tom Henning, Chairman MAR 2 5 EXECUTIVE SUMMARY PROPOSED RESOLUTION OPPOSING SENATE BILL 1462, WHICH EXEMPTS CERTAIN CONSTRUCTION AND DEMOLITION DEBRIS FROM SOLID WASTE REGULATIONS. OBJECTIVE: To present the Collier County Board of County Commissioners ("Board") with findings and recommendations concerning Senate Bill 1462. CONSIDERATIONS: If adopted, Senate Bill 1462 would significantly restrict government's ability to ensure the safe handling of construction and demolition CC&D") debris. SB 1462 defines C&D materials as "recovered construction and demolition materials". SB 1462 "recognizes that some amounts of solid waste, in accordance with industry standards, may be included in the lC&D] materials." Under SB 1462, all of these materials "are not solid waste if they are not destined for disposal." If SB 1462 is adopted, the Florida Department of Environmental Protection and Collier County could not regulate C&D debris as solid waste, even when the C&D debris includes garbage and other types of waste material, if the materials are allegedly "not destined for disposal." Some communities have experienced significant difficulty regulating C&D collection companies and recyclers. In some communities, private companies have created large stockpiles of C&D debris and other wastes, and maintained the stockpiles for prolonged periods of time, under the pretext that such materials are being held for recycling. Companies also have argued that they are not subject to solid waste regulations because they are merely collecting "recovered material", which is not solid waste. SB 1462 will make it much easier for companies to evade environmental regulations and to stockpile C&D debris and other wastes. SB 1462 contains several prohibitions that restrict the authority of local governments. For example, SB 1462 prohibits local governments from requiting the separation and recycling of C&D materials on the construction site. This prohibition would apply even in those communities where the on-site separation of C&D debris is a reasonable and appropriate method of recycling. SB 1462 requires local governments to terminate any existing exclusive franchise agreements for C&D debris, within 90 days after SB 1462 becomes law. SB 1462 also requires local governments to revise their local ordinances and programs within 90 days. These mandates will impair the existing contracts of private companies and disrupt existing regulatory programs. The 90 day deadlines are unreasonably short. SB 1462 allegedly is intended to encourage recycling of C&D debris, primarily by eliminating exclusive franchises for the collection of C&D debris. This goal could be satisfied in a much simpler manner. To the extent that some local governments are using exclusiv ~ AGENDA IT,~M 200:3 agreements for C&D debris, the Legislature could simply prohibit local governments from entering into exclusive franchises in the future. The provisions in SB 1462 are unnecessary, onerous and inappropriate. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: express opposition to Senate Bill 1462 by adopting the Resolution that is attached to this Executive Summary; send a copy of the Resolution to the County's legislative delegation; and instruct the County's lobbyist to oppose SB 1462. SUBMITTED BY: Assistant County Attorney Date: '~- IQ- 0'~' APPROVED BY: David C. Weigel County Attorney Date: RESOLUTION NO. 2003- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA OPPOSING SENATE BILL 1462 6 8 9 WHEREAS, Collier County has worked diligently to develop an integrated solid waste 10 managcracnt syr, cm to tncct thc needs of its citizens; and 11 WHEREAS, Collier Cotmty strongly supports recycling and thc beneficial usc of waste 12 materials, including construction and demolition ("C & D") debris; and 13 WHEREAS, Collier County is aggressively pursuing a variety of innovative programs for 14 the beneficial use of the County's solid waste; and 15 WHEREAS, Collier County is committed to protecting the public health, safety, and 16 welfare from environmental contamination resulting from solid waste and solid waste 17 management facilities; and 18 WHEREAS, sham recyclers in Florida have created significant environmental problems 19 in the past by stockpiling waste materials that ultimately were not recycled; and 20 WHEREAS, companies collecting or recycling C & D debris in Florida sometimes 21 attempt to evade local solid waste regulations by claiming that the company is merely handling 22 "recovered material," which is not regulated as solid waste; and 23 WHEREAS, Senate Bill 1462 would change Florida law to allow C & D debris, as well 24 as garbage and other types of solid waste mixed with the C & D debris, to be deemed not solid 25 waste; and 26 WHEREAS, Senate Bill 1462 would have the effect of allowing large quantities of C & 27 D debris, as well as garbage mixed with the C & D debris, to escape regulation by the Florida 28 Department of Environmental Protection; and 29 WHEREAS, Senate Bill 1462 would severely restrict the power of local governments to 30 regulate C & D debris, even when such materials am mixed with garbage; and 31 WI-ffiREAS, Senate BiU 1462 would make it much easier for private companies to 32 stockpile large quantifies of C & D debris, while evading state and local environmental 33 regulations; and 34 WHEREAS, Senate Bill 1462 prohibits local governments from requiring the separation 35 and recycling of C & D materials on the construction site, even in those communities where the 36 on-site separation of C & D debris isa reasonable and appropriate method of 37 materials; and., 1 WHEREAS, Senate Bill 1462 would require local governments to terminate their existing 2 franchise agreements, thus impairing existing contracts with private companies, and would 3 require local governments to amend their existing solid waste ordinances, within 90 days after 4 Senate Bill 1462 becomes law; and 5 WHEREAS, Senate Bill 1462 contains a significant number of onerous and inappropriate 6 mandates that adversely affect local governments and private companies; 7 NOW, THEREFORE,. BE 1T RESOL~ BY THE BOARD OF COUNTY 8 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 9 1. The Board of County Commissioners of Collier County, Florida ("Board"), 10 opposes the passage of Senate Bill 1462. 11 2. The Board respectfully requests Governor 3eb Bush, the Florida Legislature, and 12 the Florida Department of Environmental Protection to oppose the passage of Senate Bill 1462. 13 This Resolution adopted after motion, second, and majority vote favoring same this 14 day of 2003. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A]~rEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: TOM HENNING, Chairman Approved as to form and leg~ Assistant Collier County Attorney AGE.~DA ITE~ No. I IA2 t 5 20133 Pg.. ~ EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE FUNDING FOR A MID-LEVEL ACCOUNTANT IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT AND TO DIRECT STAFF TO PROVIDE TO THE CLERK'S OFFICE COPIES OF DRAFT EXECUTIVE SUMMARIES AND SUPPORTING DOCUMENTATION AT THE TIME THEY ARE SUBMITTED TO THE BUDGET OFFICE FOR REVIEW OBJECTIVE:For the Board of County Commissioners to provide funding for a mid-level Accountant in thc Office of the Clerk of the Circuit Court and to direct staff to provide to the Clerk's Office advance copies of draft Executive Summaries at the time they are created. CONSIDERATIONS: In an effort to improve government, the Board of County Commissioners has asked the Clerk to attend the Board of County Commissioners meeting. Pursuant to that request: · The Clerk's office will be in attendance at Board Meetings for discussion and information when possible, and · A representative of the Clerk's Office will participate in the review of procurement activity on a limited basis at the front-end of the expenditure process and place more resources in auditing major contract expenditures. · The Clerk of Courts will not participate in the decision making process or compromise its independence in any way by taking responsibility for making decisions of the Board or being a participant in the process. · The Clerk of Courts will not accept any responsibility for actions of the Board of County Commissioners. In recognition of the current demand on limited resources, an additional full-time equivalent will be necessary to fulfill this role. In addition, to be adequately informed and prepared for the Board of County Commissioner meetings, copies of the Executive Summaries must be provided to the Clerk's Office no later than that time they are provided to the Office of Management and Budget. This will allow the Clerk's Office ample time for review' FISCAL IMPA CT: estimated at $60,000. $30,000. The annual cost for a full-time mid-level Accountant including benefits is Considering one half the fiscal cycle has expired, the current impact is G R 0 WTH MANAGEMENT IMPA CT,.'. None known at this time. RE~'OMMENDA TION: That the Board of County Commissioners, through the recognition of general fund reserves, provide funding in the amount of $30,000 for the aforementioned full- time equivalent, and direct staff to provide draft copies of all Executive Summaries and supporting documentation to the Office of the Clerk of the Circuit Court no later than the time they are submitted to the Office of Management and Budget. ~ames L. Mitchell, CIA, CFE, CBA Dire~,~f Finance and Accounting Approved By: Dw'~gl~t ~F?/l~r;~k- Clerk ofcthe Circuit Court Date: Date: MAR 2 5 2003 EXECUTIVE SUMMARY,. AWARD OF CONTRACT # 03-3456 FOR PROFESSIONAL ENGINEERING SERVICES FOR ENGINEERING ANALYSIS AND RATE TESTIMONY FOR ORANGETREE UTILITIES PURSUANT TO ORDINANCE NO. 96-6, AS AMENDED, IN THE AMOUNT OF $77,194.00 OBJECTIVE: To receive the Board's approval for award of a professional services agreement to Hartman and Associates, Inc., to provide engineering analysis and expert rate testimony during quasi-judicial water and wastewater rate proceedings before the Collier County Water and Wastewater Authority. CONSIDERATIONS: On January 14, 2003, the Board approved Agenda Item No. (16) (E) (6), authorizing the staff to begin contract negotiations with the top ranked f'u'm, Hartman and Associates, Inc. Contract negotiations have been successfully completed by staff in the amount of $77,194.00. Funds for this project are available in Fund 669, Utility Regulation Trust Fund Reserves, consisting of accumulated Regulatory Assessment Fees collected quarterly fi.om regulated utilities. Currently, regulated utilities remit 1.5% of gross revenues to the County to fund the utility regulation effort. Upon completion of the engineering review, Orangetree customers will be individually noticed regarding a scheduled public hearing before the Authority. The Authority will hear technical testimony regarding the utility's requested rate adjustment and customers of the utility will have an opportunity to address the Authority regarding quality of' service, customer service, and cost of service issues. After consideration of all testimony fi.om the utility, staff, staff's engineering consultant, and customers, the Authority will establish findings of fact, conclusions of law, and the resulting water and wastewater rates. The Authority will issue a Final Order regarding the effective date of final rates and provide notice to all customers. FISCAL IMPACT: Funds in the amount of $889,400.00 are available in Utility Regulation .Trust Fund Reserves (Fund 669) to fund this project for $77,194.00, resulting in a balance of $812,206. GROWTH MANAGEMENT IMPACT.'. There is no Growth Management Impact Associated with this Executive Summary MAR 2 § 2003 n. I RECOMMENDATION: That the Board of County Commissioners (1) award a professional services agreement to Hartman and Associates, Inc. (2) approve the related budget amendment, and (3) authorize the Chairman of the Board to sign the standard, County Attorney~ived agreement. PREPARED BY: ~~~'"'"'""~ ~ Date: El. E. "Bleu" Wallace, Director CDES Operations Department S~epher~ Y. ~ar~ll REVIEWED BY: Date APPROVED BY: Director of P~chas~/ ~~ "~t~ ~dr(~nistrator /. .... (/~o~unity Development and Environmental Services D~ws~on EXECUTIVE SUMMARy Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1995- 406 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 1995-406 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills. CONSIDERATION: On or about July 25, 1995 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 1995-406 was recorded in the Official Records Book 2093 pages 952, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~___.~r~.~ Date: Shanelle Hilton REVIEWED BY: SUBMITrED BY: APPROVED BY: ~'",,,..,_,_.~ ~ Date: er~an~ Powers, Operations Manag //j//lCd[ '~~~-~ Date: ~chelle ~ol~ement Director , Administrator MAR 2 5 2003 pg._ This instrument prepared by: Janet Powers. Operations Manager Code Enforcement 2800 N Horseshoe Drive Naples. Florida 34112 (239) 403-24,$0 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Four Dollars ($254.00), arising out of the Board of County Commissioners Resolution No. 1995-51 dated July 25, 1995, recorded in O.R. Book 2093, Pages 952, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 7, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning , Chairman Approved as to form And legal sufficiency: 5/homis C. Assistant County Attorney MAR 2 § 2003 RESOLI)TION NO. 95- 406 A RESOLUTION OF THE BOAf~D OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF ~UBLIC NUISANCE, IN ACCORDA~NCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9!-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such prcperty; and WHERFJ~S, the cost thereof to the Count}, as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (!2.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~4ISSIONERS OF COLLIER COUNt"f, FLORIDA, that the property described as follows, and having been abated of a public nuisanc, after dime and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~: LE~A~DESCRIPTIQN~ COST: Nancy E N/11e Lots 7, Lake Kelly Unit 2, m $2S4.00 1259 8th Ave N aubdivision accorduLng to m~p or Naple,, FL 33940 pla~ thereof recorded ~n Pla~ Book 3, Page 93, Public Reuords of Collier Cotmty, Florida. 50124-009 95335024000% The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. 2OO3 BOARD OF COUNTY COM~413SIONERS COLLI~ COUNTY, FLORIDA LEGAL NOTICE OF A~SESSMENT OF LIE~ Nancy E Mills DATE: l:s~ a~ x~... JUL 2 5 1995 Naples, FL 33940 REFERENCE 5012%-009 953350240004 LIEN NUMBER: LEGAL DESCRIPTION: Lots 7, Lake Kelly Unit 2, s sub4dvlelon according to map or plst thereof recorded in Pla~ Book 3, Page 93. 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 1/30/95, order the abatement of m certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, sccumulation, storage or burisl of litter, waste or ak~ndoned property. You failed to abate such nuisance; whereupon, it was abated by the eXpenditure of public funds at a direct cost of $54.00 and administrative cost of $200.00 for a total of $254.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on JU[ 2 ]~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to 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 the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONER:~ CSce 9-. 1/93 EXECUTIVE SUMMARY REVIEW TOURIST DEVELOPMENT RELATED ADVERTISING AND PROMOTION INVOICES, DETERMINE EXPENDITURES SERVE A PUBLIC PURPOSE, APPROVE APPROPRIATE INVOICES FOR PAYMENT DIRECTLY TO VENDORS IN THE AMOUNT OF $14,067.97 FROM FUND 194 RESERVES, AND DENY PAYMENT OF INVOICE IN THE AMOUNT OF $3,857.00, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board approval of appropriate dated advertising and promotion invoices for funding and direct payment to vendors, while finding that a public purpose has been served for those appropriate expenditures, and denial of one invoice, as recommended by the Tourist Development Council. CONSIDERATIONS: CDES Operations staff assumed responsibility for the County's tourism effort in December 2001. For the past year, staff has performed considerable research in an effort to bring to a close certain "out of period" advertising/promotion invoices accumulated during the tenure of the Tourism Alliance. On September 9, 2002, the Tourist Development Council considered several dated invoices for review and recommendation to the Board. These invoices were scheduled to be reviewed by the Board on November 19, 2002. Staffwas contacted by the Clerk's Finance Director and advised that two of the invoices had been previously paid. Staff withdrew the item ~om the November 19, 2002 agenda. Invoices Submitted for Board Approval. After coordinating with Finance, the invoices below are presented to the Board for approval, as recommended by the Tourist Development Council. * Kelley Swofford Roy, Inc., Invoice 16090, dated 9/30/01 in the amount of $5794.47 for Collier Marketing Strategy. * Kelley Swofford Roy, Inc., Invoice 17836, submitted 6/21/02, in the amount of $8,184.00, for November 2001 advertisement in 2002 Florida International. * Phase V of Southwest Florida, Invoice 3758, submitted 5/14/02, in the amount of $89.50, for a Website interactive Text Chat Monthly Fee for November 2001. These out-of-period invoices would normally be paid to the Tourism Alliance of Collier County for further distribution to these vendors; however, since the Tourism Alliance contract terminated on September 30, 2002, it is appropriate to pay these vendors directly. Invoice Submitted for Board DeniaL The following invoice received reconsideration by the Tourist Development Council. This invoice was previously rejected by Finance for FY00/O1. Several items of BCC correspondence indicated that the BCC was not supportive ora competing Food and Wine event, but the Tourism Alliance authorized the travel in support of planning a Food and grme event. Stall'recommended denial; the Tourist Development Council ah ~ =~ recommends that the Board deny payment of this invoice. MAR 2 5 Kelley Swofford Roy, Inc., Invoice 15484, dated 6/30/01, in the amount of $3,857.29, for airfare and associated lodging in Aspen and Denver related to the planning of a Food and Wine event. Funding of Out-of-period Invoices. There were some $239,000 in unspent FY01/02 TDC advertising/promotion funds that were carded forward to FY02/03 reserves. The Board previously allocated $200,000 of the unspent funds for the start-up costs of the new Tourism Department. The remaining $39,000 included in Reserves is available to fund these and other dated invoices. FISCAL IMPACT: Funds are available in the amount of $427,100 in TDC Fund 194 (Advertising/promotion) Reserves for Contingencies to fund the invoices recommended for payment by the Tourist Development Council. If approved, the balance in Reserves would be reduced to $413,032. GROWTH MANAGEMENT 1MPACT:. There is no growth management impact. RECOMMENDATION: That the Board take the following actions: PREPARED BY: Find that the $14,067.97 in advertising/promotion invoices meet a public purpose; Approve for payment, $14,067.97 in advertising/promotion invoices, as recommended by the Tourist Development Council; Reappropriate funding of"out of period" invoices from Fund 194 Reserves; Authorize and approve related budget amendment to effect payment of approved invoices; Authorize payment directly to the vendors; Deny the Kelley Swofford Roy invoice related to the Food and Wine event, as recommended by the Tourist Development Council. -~e~u,, W~ector CDES Operations DeparUnent REVIEWED BY: -~Wert, Director Tourism Department DATE: APPROVED BY: DATE: B - '>- o_.* pment & Environmental Services Divisi MAR 2 5 2003 Invoice Kelley Swofford Roy, Inc. 3399 Ponce de Leo~ Boulevard Coral Gables, FL 33134 Kathy Prutos Collier County Government 5395 Park Central Court Naples, FL 34109 Job Name/Title: Collier Marketing Strategy NUmber Date Job Number PO# Charge# 16~90 09130101 COL-O02 Description Hours Billed Amount Project Manager William Roy Copies TOTAL: PAYMENT TERMS: Thank you. Upon Receipt 23.00 23.00 $ 5,750.0O $ 44.47 MAR 2 § 2003 Kelley Swofford Roy, Inc. 3399 Ponce de Leon Boulevard Coral Gables, FL 33134 D.E. Wallace Collier County Government Community Development & Environmental Services 2800 N. Horseshoe Ddve Naples, FL 34104 Number Date Job Number PO# Charge~ Media Invoice 17836 06/'21102 Publication: IO#: Issue date: Ad size: Ad~/caption: Amount 2002 Florida Interna Media Subtotal: 12041 November 200t Full pg 4C Collier County ad $ 8,184.00 $ 8,184.00 TOTAL: PAYMENT TERMS: Upon Receipt AGENDA rrEMA MAR 2 5 200:9 .~, z/. 037 .V OF SOUTHWEST FLORIDA, ' INC. 12290 Treeline Avenue Fort Myers, FL 33913 941-768-9339 Invoice DATE INVOICE # 5/14/2002 3758 BILL TO TOD-RISM ALLIANCE OF COLLIER COUNTY 5395 PARK CENTRAL COURT NAPLES, FL 34109 P.O. NO. TERMS PROJECT 201310 Due on receipt 201310 - November 2001 QUANTITY DESCRIPTION RATE AMOUNT I Website Interactive Text Chat Monthly Fee -November 2001 89.50 89.50 Total MAR 2 5 2003 $89~ ~c Kelley Swofford Roy, Inc. 355 Palermo Coral Gables, FL 33134 Kathleen Prutos Tourism Alliance of Collier County 5395 Park Central Court Naples, FL 34109 Number Date Job Number PO# ChargeS Job Name: Description: Food & Wine Event - Nov. 2001 Food Wine Classic Aspen/Denver Expenses Invoice 15484 06/30/01 COL-123 Description Amount Airfare S. Kelley J. Berry Lodging S. Kelley S. Kelley J. Berry J. Berry Car Rental Meals $ 652. O0 $491.00 $991.40 - Aspen $317.24 - Denver $662.60 - Aspen $253.03- Denver TOTAL: PAYMENT TERMS: Upon Receipt Thank you. Upon Su~ittai of invoice and upon verirmation that Completed or goods have been received and have Ix TouHs~n Alliance of Col~ie~ County. 002 003 003 003 6~,'~ .,,- '00 + .~91 '00 + 1¢143'006+ 1,654'00 317'24 25~'03 2,224.276+ 401-37 + 60-70 + .27-95 + 490'02G+ 690'02 + 2,224"27 + 1,14}-00 + 3,857'296+ $ 1,143.00 $ 2,224.27 401.37 ,,., 08-21-01 P02:51' IN ~.en of the NAR 2 5 2(103 O' 08 August 29, 2002 Mr. Bleu Wallace Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Dear Mr. Wallace; KSR requests the approval of the Collier County TDC to be placed on the agenda at the next TDC meeting being held on September 9, 2002 to explain the expenses associated with our Invoice # 15484 in the amount of $3857. This invoice was originally included in our billing of June 2001 and is still outstanding. Thank you for your consideration. Respectfully submitted, Susan P. Kelley NAR 5 2003 0 PI r7 -- FILE COPY COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ' Hrjusing and"Urban improvement Depa~nt Jane E. Eichhom, TDC Coordinator 3050 North Horseshoe Drive, Suite 145 Naples, Florida 34104 September 4, 200I Attn: Ms. Kathy Prutos Tourism Alliance of Collier County 5395 Park Central Court Naples, Florida 34109 Subject: Tourism Alliance Invoice - KSR 15484 Dear Kathy: Attached is the response from the Clerk of Courts Finance Department for the invoice regarding the reimbursement of Food & Wine Event in November 2002. As you can see the Finance Department will not be able to pay the referenced invoice for travel expenses unless the Board of County Commissioners approves the event. If you have any questions, please e-mail me at JaneEichhorn@colliergov. net. Sincerely, chhorn TDC Coordinator c: Jacqueline Hubbard Robinson, Assistant County Attorney George Percel, Chairman, Tourism Alliance Kevin Durkin, Vice-Chairman, Tourism Alliance PHONE (94 I) 403-2332 FAX (941) 403-2331 JaneEichhon MAR.2-5 2003- ~collierg~net MEMORANDUM 'i'O: FROM: DATE: RE: Jane Eichhorn Mary Milat-Contract Technician Finance Department/Clerk to the Board 813012001 Invoi(;e # KSR 15484 In order for Finance to pre-audit and process this payment, the following information/items need to be provided: Other: Per my phone conversation with Jim Mitchell we will not be able to pay the above referenced invoice for travel expenses for the Food & Wine Classic in Denver, CO unless the event is approved by the BCC. Please notify the vendor that the invoice will not be paid. Thank you. Please resubmit pay request to Finance after changes and/or corrections have been made. If you have any questions regarding this memo, please do not hesitate to contact me. EX"T: 8322 Q:\FormsY=ayables sheet 3 MAR 2. ::2003 · MEMORANDUM DATE: TO: THROUC_~I': FROM: SUBJECT: August 27, 2001 ~ // Jim Mitchell, Fi nan ce DirectoT~~/j Greg Mihalic, HUI Directo~.~rw Jane E. Eichhorn, TDC Coordinat~7~~ Tourism Alliance Invoice (KSR15484) Enclosed is an invoice from Kelley Swofford Roy, Inc. (KSR15484) to the Tourism Alliance for travel expenditures regarding travel to Denver, Colorado. The purpose of this trip was to attend the Food & Wine Classic at Aspen for the planning of the Greater Naples, Marco Island & Everglades Food & Wine Adventure. From the documentation attached to the invoice, it identifies that the Greater Naples, Marco Island & Everglades Food-& Wine event is planned for Collier County in October 2002. Documentation attached. I am outlining my concerns regarding this invoice. This is not an approved event. There has been no Special Event Application submitted for the review of the Special Event Committee, Tourist Development Council and the Board of County Commissioners. This travel took place approximately thirteen days prior to the Board of County Commissioners board meeting where they expressed the following. At the June 26, 2001 Board of County Commissioners meeting, the board clearly stated they would not support any Food and ~ine event that would compete with the Ritz-Carlton event. Attached are the board minutes from the June 26~ meeting. I have received aa additional two letters one from Commissioner Mac' Kie and another from Commissioner Carter expressing again that they will not support this event from the Tourism Alliance. Copies attached. Unfortunately, KSR was instructed by the Touris~ Alliance to go on this adventure and in result of that expended $3,857.29. Please advise to your position on the payment of this invoice. c: Jacqueline Hubbard Robinson, Assistant County Attorney Ramiro Mafialich, Chief Assistant County Attorney Donna Fiala District 1 James D. Carter, Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, ~ (941) 774-8097, Fax (941; Q.,c..~~ '~~ August 15, 2( Ms. Kathy Prutos President Tourism Alliance of Collier County 5395 Park Central Court Naples, FL 34109 Subject: Tourism Alliance - Wine Festival Dear Ms. Prutos: I am aware of the ongoing discussions regarding the Tourism Alliance's desire to perhaps apply for TDC funding for a wine festival event in 2003. I cannot support any conflicting wine festival that would in any way be competitive with the Boy & Girls Club/Ritz Carlton charitable fund raising Winter Wine Festival. If you decide to pursue a separate event it should be structured in some way as to ensure they do not compete with each other, and can still accOmplish each group's desired goal. Thank you for your careful consideration of this issue. Commissioner, District 2 J-DC/tim CC: Board of County Commissioners Thomas W. Olliff, County Manager Jane Eichhom, TDC Coordinator MEMORANDUM DATE: TO: FROM: July 26, 2001 Thomas W. Olliff, County Manager Pamela S. Mac'Kie Commissioner, District 4 Tourism Alliance Wine Festival Thank you for your recent memorandum regarding the possibility of a "second" possible wine festival being looked into by the Tourism Alliance. This memo is to let you know that I will not support a second wine festival that will compete with the event sponsored by the Ritz Carlton/Boys & Girls Club. If you have any questions, please do not hesitate to contact me. PSM:vgr cc: Vin DePasquale via facsimile 261-5074 John Remington via facsimile 261-8053 Pame~ '~ Commissioner, District 4 9O EXECUTIVE SUMMARY, Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1992- 23 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 1992-23 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills. CONSIDERATION..'. On or about January 21, 1992 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 1992-23 was recorded in the Official Records Book 1690 pages 924, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). Th~s cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT'.. This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: .f-?'~TM Date: ~//J/~3 SUBMITFED BY: Shanelle Hilton REVIEWED BY: t~',--~r~'~ ~ Date: Jan~ Powers, Operations Manager //~- c-~'~ D'~e: APPROVED BY: Michelle Arnold, Code E, nforcement Director h-I~.' ~[tt, Adminis(rato NAR 2 5 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Ninety Dollars ($290.00), arising out of the Board of County Commissioners Resolution No. 1992-23 dated January 21, 1992, recorded in O.R. Book 1690, Pages 924, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning , Chairman Approved as to form And legal sufficiency: Assistant County Attorney 2 5 20 3 ~, a~ provld~ In Ordinanc~ 91-47, th~ dire~ co~t~ oE a~tmnt of ~rtaln nuisances, t~ludlnq pre~t~d a~lnlstratl-~e c~t 1~ by t~ County, shall ~ a~sess~ a~atnst such pro~rty; ~_~.. ~, au~ assoSa~nt shall ~ a l~al, valid a~ bl~lnq ~ll~tlo~ u~n ~e pro. ray aqainst vhich ~de until ~id; and ~.~[-'~-~ ~ ~, ~e assesasent shall ~co~e due and ~yable ~all ac~ at a rate of t~lv~ ~rcent (ll. Ot) ~r ann~ on any CO~B$IOR~R~ OF COLLIER COOl/WY, FLORID&, that the pr~y des~i~ -- ~r notice ~ereof to the ~er off said prope~y, is here~ ~ ~e foll~l~ costs of su~ a~tement, to wit: a ~ $1 08 11S0, LEC~LDESCRIPTIQN; C~ST; seceding to ~p or plat thereof reoorded Plat ~k 3, Page 03, ~lio ReceSs of ~llier ~tT, florida. The Clark of the Bo~rd shall ~atl a notice of assessment o~ lien to tbs o~ner or ovners of the above described property, and if such o~ner fails to pay such assessment within thi~y (30) days h~reo£, a certified copy of this Resolution shall be flied la the O~flce of the Clerk of Courts, in and ~or Collier County, Florida, ~o coutltute a lien aqatnst such property accordtnq to la~, ~nl~. such dtr~rtlon is atayed bythisBoard upon appeal of the ssaes~mn2 o~-'th~ o~ner. This ie~.'.l~tlon adopted after ~otlon, second and ~aJorlt¥ BO/diD OF COU~T~ CO)91I$$IONER$ COLLIER COUWI~, FLORIDA ~ D~XON: ~ I, ~e EeXX7 Unit 2, a ~AvAsAon according to o= pXat ~b~f re~ozd~ An ~lat Book 3, ~ige 03, ~lAc You, as ~e o~er o~ ~e pro~y a~ve descried, as r~ord~ in ~he records maintained by the office of ~he ~o~y ~praiser, are hereby advised ~at the Compliance ~ices M~ager, did on 8/19/9X, order the abatement of a ca.sin nuisa~e existing on ~he above proper~y prohibited by Ordnance 91-47, se~ing not~ce thereof upon you, such nui~nce ~ing: ~o~lt~ d~ing, aco~ulation, mtorage or b~ial of You failed ~o abate such nuisance; ~'hereupon, it was abated ~ ~e e~enditure of public ~unds at a direc~ cost of $~0.00 and a~inistrative cost of $200.00 for a to~al of ~2~0.00. S~ch costs, by Resolution of the B~rd of Cowry Co~issioners of Collier Count}-, Florida, have ~en assessed aga~s~ ~e a~ve propert~ on J~ 2~. 1~2 and shall ~ a lien on ~e proper~y ~hir~y (30) days after su~ You ~y re~est a hearing before the ~oard of Co~ty C~loner8 to sh~ cause, if any, why the e~enses and ~ in~ by ~e Co~ty ~der ~his Ordinance are ~ant~ ~ oxcess~.ve or why su~ e~nses should not constitu~e a lien against ~e pro~Y-; Such request for hearing ~us~ ~ made to ~e Clerk of the B~rd of Co~y Co~lsiO~S, Gove~ent Center, Naples, Florida 33962 ~A~A~ w~in ~lr~y (30) days from ~e date of asses~ to ~ valid. C~, BO~ OF CO~TY ~SSXON~S C~8 9- 6/91 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996- 520 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 1996-520 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills. CONSIDERATION: On or about November 26, 1996 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 1996-520 was recorded in the Official Records Book 2266 pages 170, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~____>~c_~' Date: Shanelle Hilton REVIEWED BY: ~'"'~ ~'-._~x~ Date: c9/~//O _'~ Jane~ Powers, Operations Manager SUBMITTED BY: .f/~ ~ Date: APPROVED BY: Michelle Arnold, Co~nforcement Director ~")~~ Date: O'/,/&~ phK. Sch~i'tt~' Administrator MAR 2 5 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Ninety Dollars ($290.00), arising out of the Board of County Commissioners Resolution No. 1996-520 dated November 26, 1996, recorded in O.R. Book 2266, Pages 0170, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lots 7 and 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this day of ._,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIliR COUNTY, FLORIDA , Deputy Clerk By: Tom Henning , Chairman Approved as to form And legal sufficiency: ~homas C. Palmer Assistant County Attorney AGENDA ITEId~ MAR 2 5 2003 161 RESOLUTION NO. 96- 520 A RESOLUTION OF THE BO~uRD OF COU]TI~f COMMISSIONERS PROVIDING FORA SSESSMENT OF LIEN, FOR ~ COST OF THE ABATEMENT OF PUBLIC NUISA/~CE, IN ACCORDARCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and W~EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.04) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOAR/) OF COUNTY CO~4ISSIONERS OF COLLIER COUNT~, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Nancy g Mills 1259 8~ Ava N Naples, FL 33940 60528-066 453350240004 LEGAL DESCRIPTIONt COST Lots 7 and 8, Lake Kelly Unit 2, $290.00 s subdivision according to map or pl&t thereof rseorde~ in Plat Book 3, Page 93, Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal, of the assessment of the owner. ..This'Resolution adopted after motion, second and majority vote. DA~'~NOV '2 6 i996 CSce 11 - 1/96 BOARD OF COUNTY CO~ISSI~ COLLIER COUNTY, FLORIDA C. NORRIS, / 2132582 0R: 2266 0170 I21]o/H at ol:J~ w~ I. ~, ~u ~ ~ 11.50 20O3 OR: 266 I G: 0171 LIEN NUMBER: i~,~Prn~C~ 60528-066 t53350240004 LEGAL DESCRIPTION: Collier Co~, Flori~. You, a~ the owner of ~he 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 6/12/96, order the abatemen~ of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: excess of 1~" in height in a ~vision o~er ~ ~l~n ~ You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and a~nistrative cost of $200.00 for a total of $290.00. Such costs, by Resolution of the Board of County Co~issioners of Collier County, Florida, have been assessed against the above property on ~0~ ~ ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~issioners to 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 the property. Such ~equest for hearing must be made to the Clerk of the Board of County Co~issioners, Gover~ent Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 EXECUTIVE SUMMARy Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996- 169 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. OB,~ECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 1996-169 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills. CONSIDERATION: On or about April 2, 1996 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 1996-169 was recorded in the Official Records Book 2179 pages 0034, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~--9.~ ~_,c..~, Date: Shanelle Hilton Jan~Pow~~ ~~er Date: ers, Operations Manag REVIEWED BY: SUBMITTED BY: APPROVED BY: Michei~ A~nold, ~e Enforcement Director AGE. I~A ITEM HAR 2 5 2003 Pl. This instrument prepared by: Janet Powers. Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Hundred Ninety Nine Dollars ($399.00), arising out of the Board of County Commissioners Resolution No. 1996-169 dated April 2, 1996, recorded in O.R. Book 2179, Pages 0034, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lot 7, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and ali other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this day of .,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning , Chairman Approved as to form And legal sufficiency: as C. Palmer Assistant County Attorney MAR 2 5 2003 RESOLUTION NO. 96- 169 '=""~ :":- A RESOLUTION OF THE BOA~RD OF COU~F~Y COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TK~ AEATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W/4EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%} per annum on any unpaid portion thereof. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Nancy E Mills Lot 7, Lake Kelly D~it 2, s $39~.00 1259 8th Ave N sub~vision according to map or Naples, FL 33940 plat thereof r®cor~sd in Plat Book REF~REN~-: County, Florida. 50921-095 #533S0240004 The Clerk of the Board shall mail a notice of assessment of lien tO the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property a..~cording to. law, unless such direction is stayed by this Board upon appeal of..th~ assessment of the owner. .This. Resolution adopted after motion, second and majority vote. CSce 11 - 1/9 2052.243 OR: 217 PG: 0034 Itlt'OIIOII ia OFFIClJ~ tuCOIDf of ~{ ~, ~ 05/1S/1{ It lO:JIM ~ I. ~, ~ 20O3 Co~'r~ CO~, ~0~,.. LXOAL NOTICE oF AS$~SSMZNT OP ~.~XN R~. 50...-09S .53350240004 ~ --~: Lek ~, L~o ~ell~ Unit 2, a e~iv~on a~o~ng to ~p :'~ or plat t~r~f reco=d~ in Plat ~k 3, Page 93, P~lic Records of Collier Co~y, Flor~. You, as the o~er of the property a~ve descried, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Se~ices ~nager, did on 9/29/95, order the ~atement of a '; certain nuisange existin~ on the above ~roperty prohibited by Ordinance 91-47, serving notice thereof upon you, such i,. nuisance being: Prohibitsd accumulation of non-protected mow able i.~. vegetation in excess of 18" in height in a subdivision i~ other than ~olden Gate Estates. Prohib~ted dumping, accumulation, storage or burial of litter, waste or ab~ndcned property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $199.00 and administrative cost of $200.00 for a total of $399.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on A~ 0 2 ~ and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to 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 the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 33962 in writin~ within thirty (30} days from the date of this assessment to be valid. CLERK, BOARD OF COUN~! COMMISSIONERS ,! 2003 EXECUTIVE SUMMARY,,, Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 195 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-195 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills. CONSIDERATION.'. On or about April 23, 2002 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-195 was recorded in the Official Records Book 3036 pages 1502, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ¢, .~'~x,. ~..~ Date:~'} t4 / ~ --~ Shaneile Hilton REVIEWED BY: '~---~ ~ Date: janeit/Powers, Operations Manager (/ //~ ~/ Date: SUBM1TrED BY: '-' t_ ~ M~~ement Director APPROVED BY: ~/q~eph K. Scl~mitt, Administrator Date: ~nJ¢~ MAR 2 5 2003 This instrument prepared by: Janet Powers. Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34! 12 (239) .~03-2a40 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Four Hundred Twenty Five Dollars ($425.00), arising out of the Board of County Commissioners Resolution No. 2002-195 dated April 23, 2002, recorded in O.R. Book 3036, Pages 1502, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Nancy Mills has been satisfied in full. Lots 7 and 8, Lake Kelly, Unit 2, as a subdivision according to Map or plat thereof, as recorded in Plat Book 3, Page 93, of the Public Records of Collier County, Florida. Folio No. 53350240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Nancy Mills, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk Tom Henning , Chairman Approved as to form And legal sufficiency: Tbtomas (~. Palme~: ' Assistant County Attorney RESOLUTION NO. 2002- 195 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBUC NUISANCE. IN ACCORDANCE.WITH ORDINANCE No. 99-5 !, AS SU~SOR TO ORDINANCE No. 91-47, AS AMI~IDED 3 WHEREAS, as provided in Ordinance No. 99-51, as snceece, or to Ordinance No. 91-47, amended, the direct costa of abatement of certain nuisances, including preacribed administrative c,~t incurred by the County, .~tall be a.~essed against such property; and WHEREAS, the coat thereof to the County as to each parcel shall be calculated and reported to the Board of County Commi~siouers, together with a description of said parcel; and W~FEREAS, such assessment shall he a legal, valid and binding obligation upon the property against which made until paid; and WI~SREAS, the assessment shall become due and payable no later than twenty (20) days of thc d-ac ot the Legal Notice of Assessment and interim shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rat~ of twelve percent ( i 2%) per annum. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 7 & 8 of the property described as foL.)w$, ha;rog been abated of a public nuisance after due and proper notice thereof to the owner(s) of said t:)roperty, is hereby assessed the following costs of such abatement, to wit: NAME: ]~.i; LL,~, NAMCY F_. LEGAL DESCRIPTION: Lots 7 and 8, L~ke Kelly Unit 2, a subdivision according io map or p~at thereof recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. COS'T: $4~..6..'~ REFERENCE~: 2097 FOLIO #: 53350240004 The Clerk shall (by regular U.S. mail) mail a copy of lhis Resolution along with thc Notice of ~.s-e~sment of Lien to the owner(s) of :he above-described property. If within twenty (20) days of the da:c of mailing that copy, Ihe owner fails to deliver payment in full to Collier County. the Resolut,an .nfl No~!':-e of Assessment shall be recorded in the official records of Collier County. and by record~.':.g <:;all constitute a lien against the above-described real property, and to the extent allowed b) low _.,hall also be a lien upon al} other real and/or personal property owned by the noted proper~y owt,e,(s) in Collier County. Thi¢ Resolution passed and duly adopted by the Board of County Commissioners of Collie',' C=un:'.. Florida. this 2,,.3 day of ,~Ljd.~. _2002. A'I'IT~S'f: BOARD OF COUNTY COMMISSIONERS DWIGHT ~:..~ ROCK. Clerk COLLIER COUNTY, FLORIDA D~putyCierk ~ ~ ~ O~llr'~ltl'$ James slgnatm-e ~ly. Appn~ved as to form ami legal sufficiency: 'rhom. u~, ¢' [~'~"'~rr~er.-As~,lan! Cc~Jnty Attorney 2981655 OR: 3G36 PG: 1502 HCOIDII !n OHI¢ilt UC01D$ 0! C0LLI!! C0~iT1. fL 72t~ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA MILLS, NAMCY E. 1259 8-m AVE N NAPLES, FL 34102 LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: APR FOLIO # $33502400~ LIEN NUMBER: LEGAl. DESCRIPTION.:. Lots 7 and 8, Lake Kelly Unit 2, a subdivision according to map or plat thereof recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. Ycu. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Apprai~r, are hereby advised that the Code Enforcement Director, did detecmir,e a public nuisance existed on lot(s) ? & $, and constituted a violation of county regclation$ on December I$, 2001, and ordered the abatement of a certain nuisance existing on th~ a~.~.ve properly prohibited by Ordinance No. 99-:51, as amended and served a notice of -iolation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF I..VlTER, WASTE R ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the exF~nditure v.· p,.~blic funds at a direct cost of TWO- HUNDRED T~VENTY-FIVE ($22S.00) DOLl.AK? ar.d an adm~nistr'-~tive cost of Two-hundred ($200.00) dollars for a total of FOUR- HU.'NDRF. D TWENTY-FIVE ($423.00) DOLLARS. '~t~zh cost. by Resolution of the Board of County Commissioners of Collier County. Florida. shall ~,ecome a lien on your property when recorded after approval by the Board. I-'A!L~'RE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A l.fEN AGAINST ALL OF. YOUR PROPERTY IN COLLIER COUNTY,. 2003 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 21 styled Board of County Commissioners Collier County, Florida vs. Donald Saporito regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code EnforCement Board Case No. 2002-21 styled Board of County Commissioners Collier County, Florida vs. Donald Saporito. CONSIDERATION.'. On or about January 22, 2002 a public heating was heard before the Board of County Commissioners regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. Resolution No. 2002-21 was recorded in the Official Records Book 2890 pages 3077, et. seq. On January 24, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: _~' ..~ ~"~"" Date: Shanelle Hilton REVIEWED BY: -/~'~--'--~ ~.. ~ Date: & / ~/] O..~ . . Jan~ Powers, Operations Manager Michelle Amo. l~e Enforcement Director '~//~sep'h K. ~chmitt, Adm/inistrator A~A ITF~ MAR 2 5 2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2,1.40 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2002-21 dated January 22, 2002, recorded in O.R. Book 2980, Pages 3076, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Donald Saporito has been satisfied in full. Lot 15, PINNACLE COVE, according to the plat thereof, as recorded in plat in Plat Book 17, Pages 65 through 66, inclusive, of the Public Records of Collier County, Florida. Folio No. 67952501700 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Donald Saporito, and consents to this lien being discharged of record. Dated this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning , Chairman Approved as to form And legal sufficiency: mas C. Palmer Assistant County Attorney MAR 2 5 2003 pg. L RESOLUTION NO. 2002- A RESOLUTION OF TF[E BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and \VHEREAS, the assessment shall become due and payable no later Ihan lv, enty (20) da)s of die date of the Legal Notice of Assdssment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) pet' annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, hax lng been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit NANIE: SAPORITO, DONALD I.EGAI. DESCRIPTION: Lot 15, PINNACI.E COVE, according to the plat thereof, as rue.tried in plat book 17, pages 65 through 66, inclusive, of Ihe public records of Collier Count)', Florida. COST: $255.00 REFERENCE~: 1949 FOLIO g: 67952501700 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the o~'ner(s) of the above-desc~bed properly. If within twenty (20) days of the date of mailing that copy, t~e owner fails to deliver payment in full to Collier County, a certified copy of this Resolmion and the Notice of Assessment shall be ~corded in the official records of Collier County, and by recording shall constitute a lien against Ihe above-described real property, and 1o Ihe extent allowed by law, shall also ~ a lien upon all other real anWor ~rsonal property owned by the noted property owners) in Collier County. This Resolution passed a~ duly adopted by the Board of County Commissione~ of Collier County, Florida, this day o ,2~2 A~,~., ,~ .~ · ..~'~;;~'D~ t4'~. ,~ BOARD OF CO~Y CO--SS IO~RS D~lq~:~:.~R_~<~lerk COLLmR COUNTY, ~ORmA ~ ,.: ,. '~.;: ,,. lt~ ~ ~ ~l~' ~- ~, ,:,. ...... . · . '._,- . ....... :.,-:.' .-' ~s ~. Coletta , Chai~ ~ legal sufficiency: Th,mi;ts C Palmer. Assi<~anl ,,,. lOFt ¥ MAR 2 5 2003 EXECIFTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT TWELVE" OBJECTIVEs TO grant final acceptance of the infrastructure improvements associated with that subdivision known as ,Pelican Marsh Unit Twelve" CONSIDERATIONS~ 1. On September 27, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in ,,Pelican Marsh Unit Twelve". 2. The roadway and drainage improvements will be maintained by the project's Community Development District. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's Community Development District. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no ~rowth management impact. MAR 2 5 2003 Executive Summary Pelican Marsh Unit Twelve Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Twelve" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: Svcs. MAR 2 5 2003 Il,, Il" j! I~AR 2 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4o 41 42 43 45 46 47 48 49 51 52 53 55 57 58 59 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT TWELVE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTR/CT. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 2, 1996 approved the plat of Pelican Marsh Unit Twelve for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Twelve, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLIJI:~R COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant Collier County Attorney EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF -KATHLEEN COURT" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as .Kathleen Court" CONSIDERATIONS: 1. On February 23, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in ,'Kathleen Court" 2. The drainage improvements will be maintained by the project's property-owner's association. The roadway, water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The drainage improvements will be maintained by the project's property-owners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget, and the roadway will be maintained by the County's Transportation Services Department through their operation and maintenance budget. GROWTH MANAGEMI~NT IMPACT: There is no growth management impact. MAR 2 5 2003 Executive Summary Kathleen Court Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in ,'Kathleen Court" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: ~hn R. Hould~worth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: J eph K. S~hmltt, adm%nistrato~ emPunnity Dev. and Envlronmenta Svcs. Date MAR 2 5 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 55 57 58 59 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN KATHLEEN COURT, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAI}qTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE KATHLEEN COURT PROPERTYOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 23, 1999 approved the plat of Kathleen Court for recording; and WHEREAS, the Developer has conslxucted and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security;, and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Kathleen Court, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Ka~L,~n Court Property- owner's Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN , _,.~r~o~.ved as to form and legal Patrick G. White Assistant Collier County Attorney AGENDA ITEM 1,4AR 2 5 2003 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. ICase No. Owner of Record Case Summary Lien Amount -~ a. Violation determined 08/29/02 b. Notice of Violation served no green card 2002081035 Dominguez, John R. c.Notice of Violation Posted 12/17/02 $255.00 d.Unabated nuisance verified 12/28/02 e. Nuisance abated with public funds 01/05/03 f. Owner invoiced for costs 01/10/03 a. Violation determined 11/13/02 b. Notice of Violation served n/a 2002110617 J M K Industries, Inc. c.Notice of Violation Posted 11/21/02 $300.00 d.Unabated nuisance verified 12/04/02 e.Nuisance abated with public funds 12/19/02 f. Owner invoiced for costs 12/20/02 MAR 2 5 2003 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT:. A total reimbursement of $555.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $25.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Ili~na Martinez, Customer Service Spec~list Code Enforcement REVIEWED BY: DATE:-_~I-5 [03 Jan~ Powers, Operations Manager Code Enforcement SUBMITTED BY: DATE: ,.3/7/03 Michelle Edwards A~'old, Direc(or Code Enforcement APPROVED BY: Jo~ph K. Sc~nitt, Administrator (/~n~nunity Development & Environmental Services DATE: DATE: MAR 2 5 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO DATE: 74 ASHLEY ST BRIDGEPORT, CT 66101617 REF. INV.# 2250 FOLIO #'. 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on December 28, 2002, and ordered the abatement of a certain nuisance existing on the abox¢ property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon 5ou. The nuisance ts: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY: LIENS/MSTR LNAL I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WI-IEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU,~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 8 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the follov,,ing costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE//: 2250 FOLIO #: 36247840000 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. II' within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien a~aiflsi the above-described real propelly, and to the extent allowed by law. shall also be a lien upon all other real and/or personal propelly owned by the noted property o~ net-(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J M K INDUSTRIES INC. 2375 TAMIAMI TRAIL N. NAPLES, FL 34103 DATE: REF. INV.# 2241 FOLIO #: 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lots 20 and 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 22, and constituted a violation of county regulations on December 04, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 l, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-HUNDRED ($100.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of THREE-HUNDRED ($300.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.. F: LIENS.~ MSTR LNAL I AR 2 5 2003 1 2 3 4 5 o 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 22 the property described as follows, ha~ing been abated of a public nuisance after due and proper notice thereof to the o~vner(sl of said property, is hereby assessed the following costs of such abatement, to wm NAME: J M K INDUSTRIES, INC. LEGAL DESCRIPTION: Lot 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Pa~e 47, Public Records of Collier County, Florida. COST: $300.00 REFERENCE#: 2241 FOLIO #: 31055005252 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along u.'ith the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier Counb;. and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to form and legal sufficiency: omas C. ~Palmer~ AsSistant County Attorney F LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman HAR 2 5 2003 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A CONTRACT WITH THE BUREAU OF SURVEYING AND MAPPING OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AS A SINGLE SOURCE VENDOR FOR SECOND ORDER VERTICAL CONTROL ESTABLISHED THROUGH GOLDEN GATE ESTATES, IN THE AMOUNT OF $55,049. OBJECTIVE: To approve a contract with FDEP for a Second Order vertical control benchmark network in Golden Gate Estates. CONSIDERATIONS: On January 25, 2003, the Board approved Agenda Item No. (16) (A) (9), authorizing the staff to begin contract negotiations with FDEP for Vertical Control. Florida Department of Environmental Protection (FDEP) working for the National Geodetic Survey (NGS), an arm of thc National Oceanic and Atmospheric Administration (NOAA) recently established a First Order Control Loop around thc study area along 1-75, CR 951, CR 846, CR 858, and SR 29. Second Order Control will be set by FDEP Bureau of Surveying and Mapping with Collier County sharing thc cost. Thc terms "First Order" and "Second Order" refer to thc procedures used during the survey and thc resultant accuracy of thc results, either horizontally or vertically. For example, using Second Order standards, a survey loop of 15 km. (10 miles) must close to within 31 mm. (1.22 in.). Thc roads slated for control are: Everglades Boulevard, Golden Gate Boulevard, a portion of 18~ Ave. N.E., Oilwell Road (CR 858), and most of DeSoto Blvd, for a total of about $0 miles. CDES has polled three large firms that do this type of work and the consensus among those firms is that for reasons of cost, legal liability, and eventual availability of the data on the nationally recognized NOAA/NGS website, FDEP is the only vendor able to mcct the County's requirements. The firms we talked to regularly usc benchmarks established by NGS to do their surveys, and will use these NGS benchmark loops to determine slab elevations throughout Golden Gate for FEMA compliance. The cost-sharing agreement with FDEP paying $0% of the cost of thc work to establish the benchmark loops results in a price that thc firms cannot match. This Executive Summary is being submitted to satisfy Purchasing Policy, Section $.c concerning the nccd for justification of sole source bidders. The concept of FDEP setting vertical control in this area was previously approved by thc BCC during a regularly scheduled meeting on Tuesday, 25 Feb 03. FISCAL IMPACT: The total cost of the benchmark network will be $55,049 unless the scope is inercascd or decreased, but the savings to the citizens of Golden Gate Estates could be in thc millions of dollars per year. The cost of thc control will come out of Fund 111 Reserves. The Transportation Division has need of a vertical control network in the Estates for canal and swale maintenance. MAR 2 5 2003 GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None HISTORICAL/ARCHAEOLOGICAL IMPACT: None EAC RECOMMENDATIONS: Not Required CCPC RECOMMENDATIONS: Not Required ENGINEERING REVIEW SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners waive all formal bidding requirements and approve the contract with FDEP Bureau of Surveying and Mapping on a sole source basis to establish a Vertical Control Network through Golden Gate Estates. pREpARED BY:. ZSTAN CHRZANOWSKI, P.E. DATE ENGINEERING SERVICES MANAGER THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR REVIEWED BY: STEV~ CAg~LL PURCHASING/GENERAL SERVICES DIRECTOR APPROVED BY: TOa /JQiSEPH K./~CH~IITT, ~DMINIST ~TY DEV. ~D E~RON~NT~ SVCS. 59.731 EX SUMMARY/SC/H/EAB Exec. Suture. DATE DATE MAR 2 5 2003 AGREEMENT NO.FC299 COOPERATIVE FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between COLLIER COUNTY a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as the "COUNTY" and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, an agency of the State of Florida, whose address is 3900 Commonwealth Boulevard, Mail Station 105, Tallahassee, Florida 32399-3000, hereinafter referred to as the "DEP." WlTNESSETH: WHEREAS, the DEP and the COUNTY desire to combine their resources and efforts to densify the North American Vertical Datum 1988 (NAVD 88) in Collier County, hereinafter referred to as the "PROJECT"; and WHEREAS the DEP and the COUNTY have agreed on the services and/or funding each shall contribute towards completing or accomplishing the PROJECT. NOW, THEREFORE, the DEP and the COUNTY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: PROJECT MANAGER AND NOTICES Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers shall assist with PROJECT coordination and shall be each party's prime contact person. Notices or reports shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties addresses as set forth below: Project Manager for DEP: Randy Harreil, PSM. 3900 Commonwealth Blvd. Mail Station 105 Tallahassee, FL 32399-3000 Project Manager for the COUNTY: Stan Chrzanowski Engineering Review Manager Collier County Community Development, Engineering Services 2800 N. Horseshoe Drive Naples, FI 34104 AC~E. NDA MAR 2 § 2003 Pg. 1.1 The COUNTY'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval shall be in writing, shall explain the reason for the extension, and shall be signed by the Project Manager and his/her Department Director. The COUNTY'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the COUNTY or any time extension which will likely delay the final PROJECT task deadline. SCOPE OF WORK Upon receipt of written notice to proceed from the COUNTY, the DEP shall perform the services necessary to complete the PROJECT in accordance with the Proposed Project Plan set forth in Exhibit "A", "B", & "C' attached hereto and incorporated herein. Any changes to this Scope of Work and associated costs shall be mutually agreed to in a formal written amendment approved by the COUNTY and the DEP prior to being performed by the DEP. FUNDING The parties anticipate that the total cost of the PROJECT will be One Hundred Ten Thousand Ninety-Eight Dollars ($110,098.00). The COUNTY agrees to fund PROJECT costs up to Fifty Five Thousand Forty Nine Dollars ($55,049.00) and shall have no obligation to pay any costs beyond this maximum amount. The DEP agrees to fund PROJECT costs up to Fifty Five Thousand Forty Nine Dollars ($55,049.00), and shall be responsible for all costs in excess of the anticipated total PROJECT cost. 3.1 The COUNTY shall reimburse the DEP for its share of PROJECT costs in accordance with the Project Budget set forth in Exhibits "B" & "C." Payment shall be made to the DEP within sixty (60) days of receipt of an invoice, with the appropriate support documentation, which shall be submitted to the COUNTY at the following address: c/o Stan Chrzanowski, P.E. CDES 2800 N. Horseshoe Dr. Naples, FL 34104 3.2 The DEP shall not use any COUNTY funds for any purposes not specifically identified in the above Scope of Work. 3.3 Each invoice shall include the following certification, and the DEP hereby agrees to delegate authority to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the DEP's matching funds, as represented in this invoice, are directly related to the performance under the Densification of North American Vertical Datum 1988 (NAVD 88) Agreement between Collier County and the Florida Department of Environmental Protection (Agreement No. ), are allowable, allocable, properly documented, and are in accordance with the approved project budget. 3.4 The COUNTY'S performance and payment pursuant to this Agreement is contir County Commissioners appropriating funds for the PROJECT. 10. 11. 12. 14. CONTRACT PERIOD This Agreement shall be effective upon execution by all parties and shall remain in effect until December 31, 2003, unless terminated or extended in writing by mutual written agreement of the parties. PROJECT RECORDS AND DOCMENT$ Each party shall, upon request, permit the other party to examine or audit all PROJECT related records, and documents during or following completion of the PROJECT. Each party shall ma~ntam':atl such records, and documents for at least three (3) years following completion of the, PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida Statutes. REPORTING The DEP shall provide the COUNTY with any and all reports, models, studies maps or other documents resulting from the PROJECT. LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent acts or omissions of its officers~ employees, contractors and agents; however, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the limitations set forth in Section 768-2 8, Florida Statutes. DEFAULTS Either party may terminate this Agreement upon the other party's default in complying ~ith any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To effect termination, the terminating party shall provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing the term and/or condition with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement shall automatically terminate. TERMINATION WITHOUT CAUSE This Agreement may be terminated by the COUNTY without cause upon fifteen (15) days written notice to the DEP. Termination shall be effective upon the fifteenth (15th) day after the DEP's receipt of said notice. In the event of such termination the DEP shall be entitled to compensation for all services reasonably and properly incurred to the date of termination. RELEASE OF INFORMATION The parties shall not initiate any verbal or written media interviews or issue press releases on or about the PROJECT without providing advance copies to the other party. This provision shall not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, Florida. Statutes. COUNTY RECOGNITION The DEP shall recognize COUNTY funding in any reports, models, studies, maps, or other documents resulting from this Agreement, and the form of said recognition shall be subject to COUNTY approval. A~,g_S. LQ~I]~r~_T Neither party may assign or transfer its rights or obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the written consent of the other party. LAW COMPLIANCE Each party shall comply with ali applicable federal, state and regulations and guidelines, relative to performance under this Agreement. DISADVANTAGF-D BUSINF. SS ENTERPRISES The COUNTY expects the DEP efforts to ensure that disadvantaged business enterprises, which are qualified under state law, have the maximum practicable opportunity to participate in contracting' o[ this project Agreement. Invoice documentation submitted to the COUNTY under this use kood faith ~ortunities under Agrl~l[ment ~halk~' 15. 16. 17. 18. include information relating to the amount of expenditures made to disadvantaged businesses by th, DEP in relation to this Agreement, to the extent the DEP maintains such information. SUBCONTRACTORS Nothing in this Agreement shall create, or be implied to create; any relationship between the COUNTY and any subcontractor of the DEP. THIRD PARTY BENEFICIARIF. S Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. MODIFICATIONS This Agreement constitutes the entire agreement between the parties and may be amended only in writing, signed by all parties to this Agreement. DOCUMENTS The following document is attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority shall first be given to the language in the body of this Agreement, then to Exhibit "A." Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Scope of Work Schedule of Costs - First Phase Schedule of Costs- Second Phase Project Map - both phases The remainder of this page intentionally left blank. A6ENOA I~.M MAR 2 5 2003 ATTEST: DWIGiiT E. BKOCK, CLERK BOARD OF COLTNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and Patrick G. White Assistant County Attorney COOPERATIVE FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DENSIFICATION OF NORTH AMERICAN VERTICAL DAUM 1988 (NAVD 88) NAR 2 5 2003 EXHBIT "A" SCOPE OF WORK INTRODUCTION. Collier County (COUNTY) and the Florida Department of Environmental Protection (DEP) have agreed that there are mutual benefits in the extension, densification and perpetuation of the North American Vertical Datum 88 (NAVD 88) geodetic control network. This work consists of the establishment of elevations to Second-Order, Class I leveling standards along approximately 56 miles of selected roadways in the COUNTY. This area lacks sufficient reliable vertical information and this mn will provide needed control. PROJECT DESCRIPTION The work will be accomplished to rigorous federal standards with results published by the National Ocean and Atmospheric Administration (NOAA), National Geodetic Survey (NGS) as a part of the National Vertical Network. To accomplish the PROJECT, the COUNTY will contract with the Florida Department of Environmental Protection (FIDEP) to do the following: Run approximately 9.5 miles of levels (19 mile forward and reverse) to connect this PROJECT to existing NAVD 88 control in the area. Run approximately 56 miles of new levels (112 miles forward and reverse) on the selected road systems as shown on Appendix "A." Installing or recovering approximately 11 class "B" benchmarks and approximately 45 class "C" benchmarks. The approximately 56 points shall be in two forms: Type 1: Approximately 11 class "B" benchmarks shall be installed or recovered by DEP to NGS specifications. An example of a class "B" benchmark is a stainless steel rod driven to. refusal, a 5 inch diameter PVC collar placed over the stainless steel rod, an aluminum cover place atop the PVC and concrete poured around the PVC. Type 2: Approximately 45 class "C" benchmarks shall be installed or recovered to NGS specifications. An example of a class "C" benchmark is a poured in place concrete monument with a brass survey disk set in the top of the monument. The concrete monument shall be 42 inches deep, 12 inches in diameter and bellied at the bottom. Collect data, elevations, In NAVD 88, for all benchmarks in the level loop, crc "to reach" descriptions and benchmark location descriptions. AC.~..]~DA ITEM Submitting all data in blue book format to NGS for review, approval and entering into the National Vertical Network. The DEP shall notify the COUNTY when the data has been approved by NGS and is available through the National Vertical Network. PERFORMANCE SCEDULE The field work for this PROJECT shall begin within 90 days of the issuance of the notice to proceed pursuant to Article 2 of this Agreement and shall be completed by December 31, 2003. The data shall be filed with NGS no later than January 31, 2004. PROJECT BUDGET See Exhibits "B" & "C". The remainder of this page intentionally left blank. MAR 2 § 2003 Flodda Department of Environmental Protection, Bureau of Survey and Mapping (850) 245-2606 fax (850) 245-2645 EXHIBIT "B" COST ESTIMATE FOR A 2nd ORDER CLASS I VERTICAL LEVEL LINE 2003 NEW LEVEL LINE ALONG: GOLDEN GATE BLVD, EVERGLADES BLVD, DESOTO BLVD, 1.9 MILES OF CR 858, 1 MILE ALONG WILSON BLVD & 4 MILES ALONG 18th AVENUE N.W. THIS INCLUDES: APPROXIMATELY 97 MILES TOTAL OF 2nd ORDER CLASS I VERTICAL LEVELS ABOUT 42 MILES OF NEW LEVELS, ONE BENCHMARK WILL BE INSTALLED OR RECOVERED PER MILE PLUS ABOUT 6.5 MILES OF LEVELS TO CONNECT THIS LINE WITH EXISTING LEVEL LINES A TOTAL OF APPROXIMATELY 48.5 MILES FORWARD AND 48.5 MILES BACK AND (1) INSTALLING OR RECOVERING APPROXIMATELY 8 CLASS 'B' BENCH MARKS, EXAMPLE: STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALLING OR RECOVERING APPROXIMATELY 34 CLASS 'C' BENCH MARKS, EXAMPLE: POURED CONCRETE MONUMENT (42' DEEP X 12' DIA., BELLIED) (3) RECOVERING APPROXIMATELY 10 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE (4) DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS (5) SUBMITTING ALL DATA TO NGS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (6) TRAVEL TIME, DOWN TIME (RAIN, ETC.) TRANSPORTATION, PER DIEM, SALARY & BENEFITS I FIELD / SUPERVISION $3,646 FIELD / RECON $2,863 FIELD / INSTALLING BENCH MARKS $9,856 FIELD / DESCRIBING' TYPING AND PLOii'NG ONQUAD MAPS ALL BENCH MARKS $4'296 FIELD / LEVELING $35._~59 OFFICE / SUPERVISION $_~736 OFFICE / COLLECTING, QA AND PROCESSING DATA $4,067 OFFICE / SUPPORT $2,235 MATERIALS $5,460 STAINLESS STEEL RODS, CONCRETE, WP POSTS, LOGO CAPS, ETC. SUB-TOTAL $70,418 J REPAIRS AND REPLACEMENT OF EQUIPMENT (10% OF SUB-TOTAL) I OVERHEAD (6% OF SUB-TOTAL) ITOTAL I FDEP PART OF THIS PROJECT - 50*/0 OF TOTAL COLLIER COUNTY PART OF THIS PROJECT - 50*/. OF TOTAL Cooperative Funding Agreement Exhibit B.xls Prepared by Randy Harretl 3/11/2003 5 Florida Department of Environmental Protection, Bureau of Survey and Mapping (850) 245-2606 fax (850) 245-2645 EXHIBIT "C". COST ESTIMATE FOR A 2nd ORDER CLASS I VERTICAL LEVEL LINE 2003 NEW LEVEL LINE ALONG: COUNTY ROAD 858 (BEGINNING AT CR 846 AND ENDING AT SR 29 MINUS 1.9 MILES BETWEEN EVERGLADES BLvD AND DESOTO BLVD) THIS INCLUDES: APPROXIMATELY 34 MILES TOTAL OF 2nd ORDER CLASS I VERTICAL LEVELS ABOUT 14 MILES OF NEW LEVELS, ONE BENCHMARK WILL BE INSTALLED OR RECOVERED PER MILE PLUS ABOUT 3 MILES OF LEVELS TO CONNECT THIS LINE WITH EXISTING LEVEL LINES A TOTAL OF APPROXIMATELY 17 MILES FORWARD AND 17 MILES BACK AND (1) INSTALLING OR RECOVERING APPROXIMATELY 3 CLASS 'B' BENCH MARKS, EXAMPLE: STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALLING OR RECOVERING APPROXIMATELY 11 CLASS 'C' BENCH MARKS, EXAMPLE: POURED CONCRETE MONUMENT (42' DEEP X 12' DIA., BELLIED) (3) RECOVERING APPROXIMATELY 6 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE (4) DESCRIBIHG, TYPING AND PLO'I'TING ON QUAD MAPS ALL BENCH MARKS (5) SUBMrl-rlNG ALL DATA TO NGS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (6) TRAVEL TIME, DOWN TIME (RAIN, ETC.) TRANSPORTATION, PER DIEM, SALARY & BENEFITS FIELD I SUPERVISION [ FIELD I RECON r-FIELD / INSTALLING BENCH MARKS FIELD ! DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCH MARKS I FIELD I LEVELING I-OFFICE ! SUPERVISION [~FFICE I COLLECTING, QA AND PROCESSING DATA ~FFICE I SUPPORT l ATERIALS ' TAINLESS STEEL RODS, CONCRETE~LOGO CAPS, ETC. ['~UB-TOTAL [-REPAIRS AND REPLACEMENT OF EQUIPMENT (10% OF SUB-TOTAL) ~6% OF SUB-TOTAL)~ ['~OTAL [ FDEP PART OF THIS PROJECT - ~-COLLIER COUNTY PART OF THIS PROJECT - 50%OFTOTAL 5O% OFTOTAL Cooperative Funding Agreement F.x~bit C.xls Prepared by Randy Harrell 3/11/2003 EXHIBIT "D" R 27 E I R :~8 E R ~g E I R 30 E WEstErn ColliEr Countg Florida I R27E 12. EXECUTIVE SUMMARY, APPROVAL OF ALLOCATION OF FUNDS FROM THE RESPECTIVE IMPACT FEE TRUST FUNDS IN THE AMOUNT OF $4,721.59 FOR LITIGATION RELATED EXPENSES, AS AUTHORIZED BY THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001-13 ~ To obtain approval from the Board of County Commissioners for the allocation of funds and the payment of $4,721.59 for litigation related expenses from the respective Impact Fee Trust Funds as authorized by Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance. CONSIDERATIONS; Pursuant to direction from the Collier County Board of County Commissioners, adult-only facilities that did not restrict occupancy by school age children at the time the building permits were issued or had no deed restrictions in place by the time of Certificates of Occupancy were to be notified by County staff and requested to pay outstanding impact fees. Through the process of researching and preparing for litigation the County has incurred expenses not contemplated in the annual budget for the Impact Fee Administration section of the Financial Administration and Housing Department of Community Development and Environmental Services Division. The Collier County Consolidated Impact Fee Ordinance, Section 74-203.B. 19 and 21 has express language providing for the use of funds for "... reimbursement or refund of costs incurred by the County...any other administrative costs incurred by the County; Any other expenditures of the respective Impact Fees as then allowed by Law." Staff, the Clerk's Office and the County Attorney's Office have determined that payment of the litigation related expenses from funds allocated from the respective Impact Fee Trust Funds is appropriate. FISCAL IMPACT: To date, net collections of underpaid impact fees related to adult- only facilities total ~430,856.20. The allocation of funds from the Impact Fee Trust Funds for payment of $4,721.59 for expenses related to litigation are calculated on a pro rata basis for each of the affected Funds, based on net collections, and reflected below. Fee ~Parks Library Sub.Total Net Collections $156,300.80 $ 39,687.40 Expenses $3,765.47 $ 956.12 Percentage 36% $4,721.59 $5,658.25 9% School $234,868.00 55% Total $430,856.20 $10,379.84 100% Total $152,535.33 $38,731.28 $229,209.75 $420 J2fi-.36A ~ENDA-~TE~M,~ 2 5 2003, P~. Litigation Related Expenses Page 2 Educational Facilities Impact Fees represent a fifty-five percent portion (55%) of the total expenses. The $5,658.25 will be invoiced to the School Board of Collier County for their allocated portion of the net collections. GROWTH MANAGEMENT IMPACT_: Allocation of the requested funds will not adversely affect capital project funding. RECOMMENDATION_: That the Board of County Commissioners approve staff's recommendation to allocate funds from the Impact Fee Trust Funds on a pro rata basis to pay $4,721.59 in expenses due to litigation. Amy N~. Patterso REVIEWED BY: REVIEWED BY: Denny Baker Director, Financial Administration and Housing Department ate: ._~.- /~ t'~.~ Jacqfi~line Hubbard-Robinson "Assis~iant County Attorney 'strator / ' Community Development & Environmental Services Division MAR 2 5 2003 Financial Administration and Housing Department Impact Fee Administration Costs Incurred Relative to ALF Project Invoice Number ~tion Date Dollar Amount 12459 ~ies 12/31/2003 $950.00 3830714 Clerk - Recordin_,q._ 116/200"-'-'---~ $1,052.00 3830572 Clerk - Recording 1/6/200"-'-'----~ $1,486.50 3811251 Clerk - Recording 1/61200""-'--'-~ $212.50 '3808009 Clerk - Recording 1/6/2003 $85.50 21 32213 ~News Invoice 1/7/2003 $766.68 12461 Clerk - Quarterl~ 1/17/200~3 $20.00 .3861884 Clerk - Recording 1/23/2003 $15.00 3861892 Clerk - Recording 1/23/2003 $15.00 3861880 Clerk - Recordin_~. 1/23/2003 $15.00 3861649 Clerk - Recording 1/23/2003 $91.50 3861655 Clerk - Recording 1/23/2003 $91.50 3861955 Clerk - Recording 1/23/2003 $91.50 11971 ~ervice 1/24/2003 $102.55 2142255 ~News Invoice 1/24/2003 $731.16 71510 The Presentation Group 2/5/200~3 $335.32 6620 ColorTech 2/5/200.__._._...._.~33 $63.07 3818863 Clerk - Recording 2/5/200._._._._...~3 $15.00 3782898 Clerk - Copies 2/6/2003 $3.00 3874463 Clerk- Certified Copies 2/6/2003 $8.00 3782944 Clerk - Copies 2/6/2003 $5.00 962844 Court Reportincj 2/7/2003 $35.00 2160566 Naples Daily News Invoice 2/10/2003 $801.28 2160567 Naples Daily News Invoice 2/10/2003 $955.20 2160565 Naples Daily News Invoice 2/10/2003 $848.64 963262 Court Reporting 3/7/2003 $545.21 963263 Court Reporting 3/7/2003 $803.43 123775 Court Reporting 3/7/2003 $235.30 otal $10,379.84 MAR 2 § 2003 =repared by: A. Patterson 3/13/2003 Z uJ 0 Z 0 Z EXECUTIVE SUMMARY. AWARD OF BID # 03-3479 IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR CONSTRUCTION OF AN ARTIFICIAL REEF. OBJECTIVE: To expand the Marco Island 9 and 12 mile artificial reef sites. CONSIDERATION_: The Bid was publicly advertised on January 30, 2003. Notices Were sent to thirty-six (36) firms with thirteen (13) vendors requesting full packages. Two (2) responses were received by the due date of February 28, 2003. On February 28, 2003 the Purchasing department opened bids from two bidders. The total base bids received are as follows: Company Misener Marine Construction, Inc. McCulley Marine, Inc. Concrete $130.73 per ton $48.50 per ton Limestone $149.32 per ton $67.00 per ton Based on the bids received for the required amounts of concrete and limestone needed for this work, Mc Culley Marine Inc. submitted a bid totaling $42, 500.00, while Misener Marine Construction, Inc. submitted a bid totaling $108,302.00. Work is to be billed on a per ton price for actual quantities needed for the completion of the work in an not to exceed amount of $50,000.00. Staff has reviewed the bids received and recommends award to McCulley Marine, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: A total of $50,000 for this project was budgeted from a variety of revenue sources: State Grant Boaters Registration Fees City of Naples Matching Contribution Total $25,000 $12,500 $12,500 $5O,OOO GROWTH MANAGEMENT IMPACT:. The grant money will support Objective 7.1 Of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC award bid # 03-3479, Construction of Barrier Reefs at Marco Island to McCulley Marine, Inc. in the not to exceed amount of $50,000. SUBMITTED BY: Douglasr~},. S~, ~~ronmentm P ~am D. Lorenz, Jr.~P.E., Dil~ector, Naturat Kesources P Steve Car~eI1,-Dire~tor, Purc-jlgasing Del~artrnent Jose.~h 1~. Schmitt/ClSE~ Admimstrator . - Co ity Development & Environmental Services ~Z EXECUTIVE SUMMARY APPROVAL OF ONE (1) IMPACT FEE REIMBURSEMENT OF $525.00 DUE TO BUILDING PERMIT CANCELLATION '. ~ To obtain Board of County Commissioners approval of one (1) impact fee reimbursement, due to the cancellation of Building Permit Number 2002072249, totaling $525.00. CONSIDERATIONS.'- Following recent discussions between county staff and the staff of the Clerk of Courts, it .has been jointly.determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Mr. Randall C. Merrell, Jr. ($525.00) - Permit Number 2002072249, for the conversion of a lanai into a bedroom, has been cancelled, per the customer's request (letter attached). Customer also requests impact fees paid on this permit be reimbursed. FISCAL IMPACT_'. The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road (District Four) - Emergency Medical Services - Library System - $438.00 $ 26.00 61.oo. Total: $ 525.00 GROWTH MANAGEMENT IMPACT.:. Remittance of the requested impact fee reimbursements will not adversely affect capital project funding. RECOMMENDATION-'. That the Board of County Commissioners approve tl requested impact fee reimbursement, totaling $525.00. AG~.nDA n'Ha NAR 2 5 2003 Page 2 Impact Fees Reimbursement - Mr. Merrell SUBMITTED BY: REVIEWED BY: APPROVED BY: on, Impact Fee Coordinator Denny Baker, Director Financial Administration and Housing Department 9~rn~ity Development and Environmental Services Division A~A ITEM~ MAR 2 5 2003 MAR 2 5 2003 Pl. ' '~ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 354300 8/30/2002 1:52:36 PM 8/30/2002 PT 2002072249 Address: 362 TORREY PINES PT Owner: MERRELL JR, RANDY C=& MELISSA COA #: Permit Type: BR2A Job Desc: CONVERT LANIA TO EXTENDED BEDROOM Applicant: RANDY DBA: Swr Meter: Wtr Meter: Payor: RANDALL C MERRELL JR Fee Information Fee Code Description GL Account Amount Waived 08SFR4 DIST 4 ROAD IMPACT FEE-SINGLE 33616365036351000000 $438.00 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $26.00 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $61 o00 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $150.00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-100.00 Total $578.00 Payments I Payment C°de I Acc°unt/Check NumberCHECK 4831 Amount $578.OO Memo: Total Cash $0.00 Total Non-Cash $578.00 Total Paid [ $578.00 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: MCCAULEYKATY / 1 User: POTTER_T EXECUTIVE SUMMARY APPROVE AN INCREASE OF $473,000 TO THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION CAPITAL BUDGET FOR ADDITIONAL EXPENSES INCURRED TO THE DIVISION'S GARAGE AND OFFICE BUILDING. OB,]ECTIVE: The Board of County Commissioners approve our request to increase the Community Development and Environmental Services Division (CDES) capital budget for additional expenses to the Division's parking garage and second office building by $473,000. CONSIDERATIONS: The Board of County Commissioners (BCC) approved a $9.5 million expansion of the CDES office building and the construction of a parking garage in April of 2000. The original plan included a two level office building. In FY02 the plans were changed reducing the number of floors from two to one; this resulted in the capital expansion dollars to be reduced from $9.5 to $7.5 million. This reduction was approved by the BCC in the FY02 budget. The decision to begin this expansion was delayed for three years, which resulted in certain incremental expenses being incurred and other expenses increasing as noted below: · $130,000 of road and water impact fees had to be paid to begin construction but the original capital budget did not include road imPact fees because government buildings were exempted at the time and water was inadvertently overlooked. · $300,000 was spent from this capital budget for building improvements, equipment, and furniture to the existing facility. · $38,000 is required to lease ground for an employee parking lot during construction to include paved and lighted walkway from parking lot to main building. This was not originally budgeted. 3/19/200311:39 AM Construction has begun on both the CDES garage and office building with completion of the garage in August of this year and the office building this November. FISCAL IMPACT: These transactions have no effect on the General Fund or the Growth Management Plan. This $473,000 capital budget increase will be funded by borrowings that will in turn be repaid from Fund 113 (Permitting) revenues. Debt service will be budgeted in Fund 113 for all applicable periods. GROWTH MANAGEMENT PLAN: No effect. RECOMMENDATION: That the BCC grant approval of this $473,000 capital budget increase, thus increasing our total capital budget from $7.5 million to $8.0 million to complete CDES's garage and office building expansion. DBaker 3119/200311:34 AM HAR 2 5 2003 Community Development and Environmental Services Division Community Development Services Administration Financial Administration and Housing Planning Services ~ Environmental Services Building Review and Permitting Code Enforcement CDES Operations Engineering Services D-I MAR 2 5 2GQ3 Capital Projects Fund (113) .Goals: To account for major capita/projects in Community Development Fund (I i 3). Pro~rams: FTE's Base Level Building Expansion 0.0 % of % of Total Personnel FY 02 Cost Dollars 0.0% $7,500,000 100.0% Grand Total 0.0 0.0% $7,500,000 100.0% Appropriation Unit FY 99/00 FY 00/01 FY 00/01 FY 01/02 FY 01/02 FY 01/02 Actual Adopted Forecast Current Expanded Total Budget Exp/Rev Budget Exp/Rev Service Service Budget Change Personal Services Operating Expenses Capital Outlay · Total Appropriations 0 0 0 0 0 0 N/A 0 278,000 1,078,300 0 0 0 -100.0% 0 19,500,000l 312,000 17,500,000! 0 [ 7,500,0001 -21.1% 0 9,778,000 1,390,300 7,500,000 0 7,500,000 -23.3% Forecast FY 00/01 - Operating expenses include $278,000 for contractual services for supplemental work to impIement the Geographic Information System and $800,300 for engineering fees related to the building expansion. Capital outlay includes $312,000 for an expansion of the Development Services Building and parking addition. Current FY 01/02 - Capital outlay includes $7,500,000 for expansion of the Development Services Building and parking addition. IqAR 2 5 2003 EXECUTIVE SUMMARY. APPROVAL ~F A BUDGET AMENDMENT APPROPRIATING FUNDS FOR EXPANSION OF THE COLLIER COUNTY DEVELOPMENT SERVICES CENTER OBYECTIVE: To obtain Board approval of a budget amendment appropriating a total of $9.5 million for the expansion of the Collier County Development Services Center, adoption by the Board of a resolution authorizin8 stalTto obtain the necessary f'mancin8 through the pooled commercial paper loan pro~n in an amount not to exceed $4.5 million, and Board approval for staff to release a construction management at risk request for proposals. CONSIDERATION: In February 2000, at the direction of the County Manager, the Facilities Management Depamment acquired the services of the architectural firm of Alfred French and Associa[es; Inc. to prepare a feasibility study for the expansion of the Collier County Development Services Center, 2800 North Horseshoe Drive, and to make recommendations on the best use of the adjacent Lot Nine (9) of the Collier Park of Commerce. On March 14, 2000, French and Associates delivered the feasibility study, which calls for the construction ora 40,800 square foot, two-story addition to the existing structure and an adjacent parking garage with the capacity to accomodate approximately 340 vehicles. Additional sp, ace is needed to appropriately ,house expanded positions approved by the Board of.~ounty Commissioners in the F, Y00 Budget. Also, it is senior management's desire to house all of the Departments in the Community Development and Environmental Services Division in one building. Over the past five years, the number of staff in the Community Development and Environmental Services Division housed in the Development Services Center has increased by 38.5' percent (from 156 to 216). This increase, coupled with occupancy of the Department of Revenue, has caused significant space problems. Joined with this is an increase in the average number of building permits issued each year. For example, the number of permits issued in 1994-95 was 16,524 compared to the 23,740 in 1999-2000. This represents an increase of 43.5 percent. This has caused a substantial increase in the number of yearly building inspections. Staff conducted 131,004 building inspections in 1998-99 compared to 72,590 in 1993-94, which represents an 80 percem increase. Thus, the amount of space needed for storage has increased. We have been unable to meet this demand due to the need for additional office space for new staff. Even with the departure of DOR in mid-May 2000, projections indicate a need for additional office space in the building. Also, senior management rcommends that all seven departments in the Division be housed in the same location. On March 23, 2000, the Collier County Finance Committee recommended funding for the project, consisting of cash in the amount of $5 million and commercial paper financing in an amount not to exceed $4.5 million for a term of five years with the [MARP 5]2 01000 pg. ~" , of early payment of the principal without penalty. The Finance Committee has deemed this to be the most cost-effective means of fmaneing the project. The resolution referred to in the recommendation below is the legal instrument by which the Board approves Loan No. A-15-1 pttrsuant to the te.,ms ofthe loan agreement b~tween the County and the Florida Local Government Finance Commission. The Facilities Management Department is prepared to release a co.nstmction management at risk request for proposals upon Board approval to proceed with the project. FISCAL IMPACT: A budget amendment is needed to appropriate $9.5 million for this capital project. The budget amendment would reduce Community Development Fund Reserves by $5 million and recoginze $4.5 million in loan proceeds from the commercial paper program. Funds are available in the Community Development Fund Reserve for Capital Outlay (113-919010-993000). The main source of revenue for the Community Development Fund is building permits. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Approve a budget amendment in the amount of $9.5 million appropriating funds for expansion of the Collier County Development Services Center, 2800 North Horseshoe Drive, and the construction of an adjacent parking garage. (2) Authorize staff to proceed with the project and to release a construction management at risk request for proposals. (3) Adopt a resolution authorizing staff to obtain financing through the pooled commercial paper loan program, in an amount not to exceed $4,5 million, pursuant to the terms of the loan agreement between the County and the Florida Local Government Finance Commission. Vincent A. Cautero. AICP, Administrator Community Development and Environmental Services APPROVED BY: ~ffo'fi'~s ~,~". Olliff. ~/31aOty Mana,,er EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION REQUESTING AN INCREASE TO THE MAxiMUM HOME SALES PRICE IN COLLIER COUNTY FOR ALL FLORIDA HOUSING FINANCE CORPORATION (FHFC) PROGRAMS~ OBJECTIVE:. To adjust the maximum home sales prices allowed in Collier County for Florida Housing Finance Corporation (FHFC) programs to $150,000, bringing them in line with the local housing market conditions. CONSIDERATIONS: On July 7, 1992 the State Housing Initiatives Partnership (SHIP) Act was signed into law to provide additional funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing. Under the SHIP program Collier County and the City of Naples receive funds from the State of Florida to provide initiatives to expand affordable housing opportunities. The FHFC is the responsible state office for administering the SHIP program. The current maximum purchase price limit established by the FHFC for Collier County is $130,000 for both new construction and existing units. However, the average sales price of a home in Collier County has risen over 200% since 1993 and is now greater than $300,000 for a new single family home. The FHFC has completed a study to determine 90% of each Florida County's average home purchase price, and in Collier County that 90% of the average is $276,263 for newly constructed units and $246,200 for existing units. The FHFC further permits Florida Counties to set their maximum cost per unit for housing benefiting from awards made pursuant to FHFC programs at up to 90% of the average area purchase price. The availability of homes with sales prices under the existing $130,000 limit is rapidly disappearing. This update is necessary in order for FI-IFC programs in Collier County to continue to be successful and to assist a greater number of households. FISCAL IMPACT: Requesting an adjustment of the maximum allowable has no fiscal impact. es p'~-" limit J~'~ MAR 2 5 2003 GROWTH MANAGEMENT IMPACT: There is no growth management impact from requesting an adjustment of the maximum allowable sales price limit. RECOMMENDATION.: That the Board of County Commissioners adopt the proposed resolution requesting that the maximum cost per unit for housing benefiting from awards made pursuant to FHFC programs in Collier County be raised to $150,000 for both existing and newly constructed eligible housing units. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Cormac J. Giblin, Manager Financial Administration and Housing Department t< ~ Date: )enton Baker, Director Financial Administration and Housing Department / joseph K. S~hmitt, Admi/nistrator . . j/Division of Community Development and Envxronmental Services MAR 2 5 2003 RESOLUTION NO. 2003- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING APPROVAL OF THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) TO INCREASE THE blAXIMUM HOME SALES PRICE FOR ALL FHFC PROGRAMS IN COLLXER COUNTY. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, Florida Statutes, et seq., which is implemented in Chapter 9 1-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for providing affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, through Resolution No. 2001-130 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 2001-2002, 2002-2003, and 2003-2004; and WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for eligible housing benefiting from SHIP Awards; and WHEREAS, the maximum cost per unit that has been previously set by the Florida Housing Finance Corporation (FHFC) for housing benefiting from awards made pursuant to FttFC programs shall not exceed $130,000 for existing and newly constructed eligible housing units; and WHEREAS, the average sales price of a home in Collier County has risen over 200% since 1993 and is now greater than $300,000 for a new single family home; and WHEREAS, the FHFC has completed a study to determine 90% of each Florida County's average home purchase price, and in Collier County that 9t2 $276,263 for newly constructed units and $246,200 for existing units; °ft~a~A~. s ~--'~ MAR 2 5 2003 WHEREAS, the Act permits Florida Counties to set their maximum cost per unit for housing benefiting from awards made pursuant to FHFC programs at up to and including 9094 of the average ~rea purchase price; and WHEREAS, it is in the best interest of Collier County to raise the maximum cost per unit eligible to receive housing benefits from FHFC programs in Collier County in order to be more in line with the current housing market and to assist a greater number of households. NOW THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: 1. The Board of County Commissioners of Collier County hereby requests that the maximum cost per unit for eligible housing that may benefit from awards made pursuant to FH]:C programs in Collier County be raised by the FI-IFC to $150,000 for both existing and newly constructed eligible housing units. 2. This Resolution is intended to supercede Resolution 2001-130 and shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk APPROVED AS TO FORM AND LEGAL PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY FLORIDA By: TOM HENNING, CHAIRMAN MAR 2 5 2003 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TRANSFERRING REMAINING $491,225 · . FROM "REMITTANCE TO PRIVATE ORGANIZATIONS" LINE ITEM TO "OTHER CONTRACTUAL SERVICES" LINE ITEM IN THE TOURIST DEVELOPMENT TAX FUND 194 (ADVERTISING/PROMOTION)TO ESTABLISH OPERATING BUDGET FOR THE NEWLY FORMED TOURISM DEPARTMENT OBJECTIVE: Approval of the budget amendment to establish an Operating Budget to provide the Tourism Director access to available Category "B" (Advertising/promotion) funds. CONSIDERATIONS'.. In view of the establishment of the new Tourism Department by the Board on November 19, 2002, it is necessary to create an Operating Budget for the department and allow the Director access to budgeted funds. Also, on February 25, 2003 the Board amended Ordinance No. 92-60, as amended, the Tourist Development Tax enabling ordinance, to expand the use of Category "B" (Advertising/promotion) Tourist Development Tax Revenues "to include the funding of convention centers, tourist bureaus, tourist information centers .... as county agencies..." In previous years, all advertising/promotions funds were established in the "Remittance to Private Organizations" as the Tourism Alliance of Collier County, an outside agency, administered disbursement of all advertising/promotion funds to private vendors. The Tourism Alliance contract terminated on September 30, 2002 and was not renewed. This budget amendment moves the remaining funds to the Operating Budget line item "Other Contractual Services" within the Tourism Department's Operating Budget. FISCAL IMPACT: This action has no fiscal impact, as funds are simply being moved ~om "Remittances to Private Organizations" to "Other Contractual Services" within the TDC Fund 194 (Advertising/promotion) FY02/03 budget. GROWTH MANAGEMENT IMPACT: This action has no impact on growth management. RECOMMENDATION: Approve budget amendment to transfer funds within Fund 194. PREPARED BY: D. E. "Bleu" Wallace, Director CDES Operations DATE: MAn 2 5 REVIEWED BY: APPROVED BY: MAR 2 5 2OO3 EXECUTIVE SUMMARY $13,833.64 DUE TO BUILDING PERMIT CANCELLA] lur~= TOTALING ~ To obtain Board of County Commissioners approval of two (2) impact fee reimbursements, due to the cancellation of Building Permit Number 2001022070 and Building Permit 2001122798, totaling $13,833.64. CONSIDERATIONS_.' Following recent discussions between county staff and the staff of the Clerk of Courts, it has been jointly determined that requests for impact fee reimbursements will now be forwarded to the Board for approval. Until recently, such requests were approved at the Division Administrator level; however, no County regulation expressly gave such authority. Staff will be preparing an ordinance to amend Chapter 74, Section 203.B of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended. Among the various updates to administrative provisions regarding impact fee assessments will be specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Ms. Cynthia Skahill ($5,491.82) - Permit Number 2001022070, for the construction of a single-family home, has been cancelled, per the customer's request (letter attached). Customer also requests impact fees paid on this permit be reimbursed. Kaye Homes ($8,341.82) - Permit Number 2001122798, for the construction of a single- family home, has been cancelled, per the customer's request (letter attached). Customer also requests impact fees paid on this permit be reimbursed. · ?~zISCAL IMPACT'.. The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Table 1 - Ms. Cynthia Skahill Reimbursement Request Breakdown ($5,491.82) 820.84 Community and Regional Parks 238.-----~ Library System 2,433.0~ Road (District Six) 104.00 ~ Medical Services 1778.00 Educational Facilities ! 17.98 Correctional Facilities $5,491.82 Total MAR 2 5 2003 Impact Fees Reimbursements - Kaye Homes and Ms. Skahiil Page 2 Table 2 - Kaye Homes Reimbursement Request Breakdown ($8,341.82) Community and Regional Parks Library System Road (District One) ~M_edical Services Educational ~e~ Correctional Facilities -~--ater Sewer "-~otai $820.84 238.00 2,433.00 104.00 1778.00 117.98 1,275.00 1,575.00 $8,341.8__~_2 Table 3 - Total of Reimbursement Requests by Type (Table 1 plus Table 2 - $13,833.64) Communit~ional Parks ~stem Road (District One) 1,641.68 476.00 Sewer Total 2,433.00 2,433.00 Road (District Six) 208.00 ~ Medical Services Education al' ~~ 3556.00 235.96 Correctional Facilities 1,275.00 Water ~ 1,575.00 $13,833.___~_~ GROWTH MANAGEMENT IMPACT..'.. Remittance of the requested impact fee ~-eimbursements will not adversely affect capital project funding. RECOMMENDATION: That the Board of County Commissioners approve the requested impact fee reimbursements, totaling $13,833.64. MAR 2 § 2003 Impact Fees Reimbursements - Kaye Homes and Ms. Skahill Page 3 SUBMITTED BY: REVIEWED BY: Amy Patt6~on, Imlact~ C°°rdinat° ~ 0,~ ~.......--' Date:'-~ - ] C:~" C~ ~ Denny Baker, Director Financial Administration and Housing Department /~om~nunity. Development and4seph Schnfitt"Administeat°'rEnvironmental Services Division APPROVED BY: ~~vdi~:stmtorDate: HAR 2 5 2003 Permit Payment Fee History Report CDPRll21 - Permit payment Fee History Report '~- MENT SLIP NBR: PT-2001022070 PERMIT NBR TYPE · STATUS 2001022070 BR2 CANCEL JOB DESCRIPTION CBS SINGLE FAMiLY/200A/~PS MASTER NBR 2001022070 JOB PHONE OWNER INFORMATION SKkHILL, CY1TTHIA BABETTE 6585 HARVEST RIDGE LN HUGHESVILLE, MD28C0 206370000 TR NBR FEE CODE 249670 08BAPP 249670 08BASA 249670 19APFA 251442 08BASA 251442 08BCAI 251442 08BPNP 251442 08CPNP 251442 08EMSI 251442 08GGIM 2~5,1442 08HDST 442 08JAIL = _442 08LIBR 251442 08MFSG 251442 08RDGS 251442 08RGPK 251442 08SCHI 251442 08SFR6 251442 08BACR DESCRIPTION BLDG. PERMIT APPLICATI N SEPTIC APPLICATION FEE N ADEOUATE PUBLIC FACILI N SEPTIC APPLICATION FEE N BLDG.CODE CERT. SURCHA N BLDG PERMITS - NAPLES N COMMUNITY/REGIONAL PAR N EMS IMPACT FEES UNINC. N GOLDEN GATE FIRE IMPAC N HEALTH DEPT. SEPTIC TA N JAIL IMPACT FEE N LIBRARY IMPACT FEE-UNI N MICROFILM SURCHARGE N BLDG. PERMIT SURCHARGE N REGIONAL/CObIMUNITY PAR N SCHOOL BOARD IMPACT FE N DIST 6 ROAD IMPACT FEE N BLDG. PERMIT APP. FEE N WAIVE STATUS POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED TOTAL DUE TOTAL PAID AMOUNT DUE AMOUNT PAID DATE PAID 150.00 150.00 2/27/2001 85.00 35.00 -85.00 15.00 651.00 450.00 165.00 4.50 15.00 85.00 2/27/2001 35.00 2/27/2001 -85.00 3/8/2001 15.00 3/8/2001 651.00 3/8/2001 571.02 3/8/2001 104.00 3/8/2001 450.00 3/8/2001 165.00 3/8/2001 117.98 3/8/2001 238.00 3/8/2001 4.50 3/8/2001 15.00 3/8/2001 249.82 3/8/2001 1,778.00 3/8/2001 2,433.00 3/8/2001 -150.00 3/8/2001 6,827.32 6,827.32 iF- MAR 2 5 2003 Collier county CD-Plus for windows 95/98/NT Printed on: 3/7/2003 Page 1 of 1 2:28:44PM Official Receipt -Collier COunty Board CDPR1103 - Official Receipt of cOunty CommissiOners Trans Number ~ Date I Post Date 251442 [ 3/8/2001 2:22:02 PM 'J 3/8/2001 Address: 741 15TH ST NW Owner: SKAHILL, CYNTHIA BABETTE COA #: 01-1276 Permit Type: BR2 Job Desc: CBS SINGLE FAMILY/200AMPS Applicant: ROCKY MULDREW DBA: -- I Payment Slip Nbr - J PT Swr Meter: SEPTIC Payor · SKAHILL Wtr Meter: WELL Fee Information Fee Code Amount 08BASA $-85.00 08BCAI $15.00 08BPNP I $651.00 08CPNP $571.02 08EMSI 08GGIM Description GL Account SEPTIC APPLICATION FEE 11300000020850000000 BLDG.CODE CERT. SURCHARGE 11300000020882000000 BLDG PERMITS - NAPLES 11313890032211000000 COMMUNITY/REGIONAL PARKS IMPAG4615640236399000000 EMS IMPACT FEES UNINC. 35014047036385000000 l GOLDEN GATE FIRE IMPACT 11300000020980000000 HEALTH DEPT. SEPTIC TANK 11300000020850000000 JAIL IMPACT FEE 38111043036380100000 LIBRARY IMPACT FEE-UNINC. 35515619036399200000 MICROFILM SURCHARGE 11313890034144200000 BLDG. PERMIT SURCHARGE '11300000020880000000 08HDST $104.00 $450.00 $165.00 08JAIL $117.98 08LIBR $238.00 08MFSG $4.5O 08RDGS $15.00 08RGPK REGIONAL/COMMUNITY PARK IMPA(;34615640236399000000 $249.82 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $1778.00 08SFR6 DIST 6 ROAD IMPACT FEE-SINGLE 33816365036351000000 $2433.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-150.00 Total $6557.32, Waived - Continued- Collier County Board of County Commissioners CD-P/us for Windows 95/NT NAR 2 5 2003 Printed:3/7/2003 2:29:36 PM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ~ Number 25144~ 001 2:22:02 PM ~Date Payments Payment Code CHECK CHECK CHECK CHECK !CHECK Account/Check Number 85452719196 8545271985 85452719218 85452719207 Amount $4500.00 $357.32 $700.00 $500.00, $500.00 Total Cash I $0'00 t Total Non-Cash $6557,32 Total Paid t $6557.321 Memo: Cashier/location: FROLOFF_E / 1 User: POTTER_T MAR 2 5 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:3/7/2003 2:29:36 ~M Janua~ 22,2003 Paula Fleishman Collier County Government Community Development 2800 N. Horseshoe Drive Nap!es Florida 34104 Dear: Paula I would like to cancel my permit #2001022070 and have the money returned to me. Holiday Builders will be applying for another permit for my property, address: 741 15u' Street NW Naples FI 34120. Return check to: Cynthia BaBette Skahill 4525 Strauss Avenue Indian Head Md 20640 Home Phone- 301 743-9039 Work Phone- 202 466-1556 Please call with any questions and thanks for all your help. Sincere~ and frate~qally,/~ . , ~ ~ ~ NAR 2 5 2003 Permit Payment Fee History Report CDPRll21 - Permit Payment Fee History RePort '~ ~ENT SLIP NBR: PT-2001122798 PERMIT NBR TYPE STATUS 2001122798 ~R2 CANCEL MASTER NBR JOB DESCRIPTION CBS S/F DETACR~D - 200 AMPS JOB PHONE (941)304-3304 CERT NBR DBA 23734 KAYE HOMES, INC. OWBFER INFORi~ATION COP~4. DEVELOPMENT OF STERLING OAKS 16990 TAMIAMI TRL, N NAPLES, FL TR NBR FEE CODE 307204 08BAPM 307204 08BAPP 307204 19APFA 344319 08BCAI 344319 08BPNP 344319 08CPNP ~4319 08EMSI 319 08JAIL ~4319 08LIBR 344319 08MFSG 344319 08NNIM 344319 08RDGS 344319 08RGPK 344319 08SCHI 344319 08SFR1 344319 42MTTP 344319 42SSDC 344319 42WSDC 344319 08BACR DESCRIPTION BLDG. PERMIT ADDIT. AP N BLDG. PER~IT APPLICATI N ADEOUATE PUBLIC FACILI N BLDG.CODE CERT. SURCHA N BLDG PERMITS - NAPLES N COM/4UNITY/REGION~ PAR N EMS IMPACT FEES UNINC. N JAIL IMPACT FEE N LIBRARY IMPACT FEE-UNI N MICROFILM SURCHARGE N NORTH NAPLES FIRE IMPA N BLDG. PERMIT SURCHARGE N REGIONAL/COM/4LrNITY PAR N SCHOOL BOARD IMPACT FE N DIST 1 ROAD IMPACT FEE N COUNTY METER TAP CHARG N SEWER SYSTEM CHARGE N WATER SYSTEM CHARGE N BLDG. PERMIT APP. FEE N WAIVE STATUS POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED POSTED TOTAL DUE TOTAL PAID AMOUNT DUE AMOLTNT PAID DATE PAID 85.00 85.00 12/28/2001 153.30 35.00 15.33 846.00 7.17 459.90 15.33 302.00 -238.30 153.30 12/28/2001 35.00 12/28/2001 15.33 7/12/2002 846.00 7/12/2002 571.02 7/12/2002 104.00 7/12/2002 117.98 7/12/2002 238.00 7/12/2002 7.17 7/12/2002 459.90 7/12/2002 15.33 7/12/2002 249.82 7/12/2002 1,778.00 7/12/2002 2,433.00 7/12/2002 302.00 7/12/2002 1,575.00 7/12/2002 1,275.00 7/12/2002 -238.30 7/12/2002 10,022.55 10,022.55 Collier County CD-Plus for windows 95/98/NT Printed on: 3/7/2003 2:42:46PM Page 1 of 1 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 344319 7/12/2002 12:03:38 PM 7/12/2002 PT 2001122798 Address: 14552 STERLING OAKS DR Owner: COMM. DEVELOPMENT OF STERLING OAKS COA #: 02-1628 Permit Type: BR2 Job Desc: CBS S/F DETACHED - 200 AMPS Applicant: NAPLES PERMITTING - CINDY V. DBA: KAYE HOMES, INC. Swr Meter: NC VVtr Meter: CC Payor' KAYE HOMES Fee Information Fee Code I Description GL Account I_r Amount Waived 08BCAI ! BLDG.CODE CERT. SURCHARGE 11300000020882000000/ $15.33 08BPNP [ BLDG PERMITS- NAPLES 11313890032211000000 $846.00 08CPNP COMMUNITY/REGIONAL PARKS IMPinG4615640236399000000 $571.02 08EMSl EMS IMPACT FEES UNINC. 35014047036385000000 $104.00 08JAIL JAIL IMPACT FEE 38111043036380100000 $117.98 08LIBR LIBRARY IMPACT FEE-UNINC. 35515619036399200000 $238.00 08MFSG MICROFILM SURCHARGE 11313890034144200000,,- $7.17 08NNIM NORTH NAPLES FIRE IMPACT . 11300000020981000000 ~ $459.90 08RDGS BLDG. PERMIT SURCHARGE ~ 11300000020880000000 $15.33 08RGPK REGIONAL/COMMUNITY PARK IMPA¢34615640236399000000 $249.82 08SCHI !SCHOOL BOARD IMPACT FEE 11300000020905000000 v'/ $1778.00 08SFR1 DIST 1 ROAD IMPACT FEE-SINGLE 33116365036351000000 $2433.00 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 $302.00 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $1575.00 42WSDC WATER SYSTEM CHARGE 41127351134336000000 $1275.00 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-238.30 Total $9749.25 - Continued - Collier County Board of County Commissioners CD-Plus for VVindows 95/NT MAR 2 § 2003 Printed: 1/2712003 11:56:45 AM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ! Trans Number~ Date ~ ~ 7/12/2002 12:03:38 PM ~Oate ~r ~-~-~'"'~-'~ ~ 2001122798 Payments ~p~~~~unt/Check Number [~-~CK 17906 Amount $9749.25 Memo: Total Cash Total Non-Cash Total Paid I $9749.25 J Cashier/location: GARRETT._S / 1 User: CRONBERG_D ~.,Ei~A _rYEM NAR 2 5 2003 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l/27/2003 11:56:45 AM AGENDA MAR 2 5 2003 KAYE H~MES www. kayehomes.com Date:. To: From: RE: 12/26/02 Community Development/Collier County, Attn: Ed Perico Kaye Homes Permit fees refund Please cancel the permit and refund the fees for permit number 2001-122798. ThankYou, Gen Braidwood Permit Coordinator A~C~men~s Sales Centers 910 39~ Street SW Naples, Florida 34117 239-455-1007 Fax: 239.455-2048 910 Oakes Blvd. Naples, Florida 34119 239-597-0700 Fax: 239-597-2469 Corporate Office 5979 Pine Ridge Road N. aples, Florida 34119 239-304-3304 Administration Fa.~ 239-304-3305 Accounting Fax: 239-304-3302 Construction Fax: 239-455-9895 Proud member of: National Associaton of Home Builder~ · Florida Home Builders Association * Collier Bu~dinA Industry Association MAR 2 5 2003 - EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISIONERS APPROVE A WORK ORDER UNDER CONTRACT # 01-3290 TO WILSON MILLER IN THE AMOUNT OF $106,000.00 AND A BUDGET AMENDMENT FOR THE FOREST LAKES MSTU FOR THE PURPOSE OF PRODUCING A DRAINAGE & ROADWAY IMPROVEMENTS MASTER PLAN WITHIN THE FOREST LAKES DISTRICT. OBJECTIVE: To obtain a Drainage and Roadway Improvement Master Plan for the Forest Lakes MSTU. CONSIDERATIONS: The Forest Lakes MSTU Advisory Committee voted at their February 14th, 2003 meeting:to request staff to proceed with a work order and Budget Amendment to fund Phases 1, 2, and 3 of the proposed Drainage and Roadway Improvement Master Plan. The Master Plan concept is to locate and identify where drainage problems exist and how to effectively remove obstructions to provide for the efficient movement of water within the MSTU. Wilson Miller has submitted a proposal in the amount of $106,000.00 to complete the Drainage and Roadway Improvement Master Plan. This amount exceeds the $90,000 work order limit for the Fixed Term Professional Engineering Contract. Staff requests that the Board waive the $90,000 limit for this work. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $106,000.00 from the Forest Lakes MSTU Fund Reserve. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There are no growth management issues connected with this project. RECOMMENDATION: That the Board waive the $90,000 limit and approve the Work Order in the amount of $106,000, authorize the Transportation Administrator to sign the Work Order, and approve the Budge Amendment in the amount of $106,000.00 for the Forest Lakes MSTU. Gerald Morris,~nior Planner, Alternative Transportation Modes ! Step~[~ Y. Camel, ~rchasing Director',~i~' DATE: REVIEWED BY: Diane B Ffiigg, Alternative Transportation Modes Director APPROVED BY: DATE: 3/ AICP, Transportation Administrator / , ~:o.. /g/'~ __l- N~:n E. l~d&r, MAR 2 5 2§03 Pg._ / EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE BUDGET AMENDMENT FOR THE RADIO ROAD BEAUTIFICATION MSTU FOR THE PURPOSE OF REAPPORTIONING THE ADOPTED BUDGETED FUNDS TO MAINTAIN DEVONSHIRE BLVD. LANDSCAPED IMPROVEMENTS IN THE AMOUNT OF $45,000. ~: To obtain Board approval of a budget amendment for the Radio Road Beautification MSTU for reapportionment of budgeted funds to cover the unanticipated annual maintenance cost to maintain Devonshire Blvd.'s landscaped roadway improvements. CONSIDERATIONS: The Radio Road Beautification MSTU Advisory Committee voted at their February 18th, 2003, monthly meeting to request staff to proceed with a budget amendment to move $45,000 from Reserves for Future Construction and Improvements to the Operating Budget to fund the annual maintenance cost for Devonshire Blvd. The BCC approved the Radio Road Beautification MSTU to fund the maintenance costs of Devonshire Blvd. with the MSTD funding any Capital landscape improvements necessary to up grade its' existing condition. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $45,000 from the Radio Road Beatification MSTU Fund Reserve. Source of Funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There are no growth management issues connected with this project. RECOMMENDATION: That the Board approve the Budget Amendment reapportionment in the amount of $45,000 within the Radio Road Beautification MSTU adopted budget. Val Prince, Project Manager, A. T. M. Landscape Maintenance . ~iersen, ~roject Manager, A. T. M. Landscape Maintenance D agg, Alternative Transportation Modes Director APPROVED BY: ' ~,~. DATE: Ng;~'l~. F~der, AICP, Transportation Administrator No.A~ MAR 2 5 2003 Radio Road Beautification M.S.T.U. Advisory Committee z7o5 Horseshoe Drive South Naples FL 341o4 February i8, zoo3 Crystal Kinzei called the meeting to order at 4:30 PM. III. ATTENDANCE: Members: Crystal Kinzel, Dale Lewis, Susan Saum, Helen Carella, Bill Jaeger County: Bob Petersen, Val Prince Others: Brcnt Bixby-Commercial Land Maintenance, Sue Chapin-Manpower Services APPROVAL OF MINUTES: Helen corrected the name of the perennial discussed last month as being "Yesterday, Today, Tomorrow". Helen moved to approve the January 21, 2003 minutes with that correction. Dale Seconded. Carried Unanimously $-0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the budget. It was noted funds need to be moved to accommodate the separate line item for Devonshire. It will be for the maintenance, irrigation expenses and plant materials. Commercial Land Maintenance is approx. $2,000-2,500/mo for services. If it is not needed, it will not be spent. It will be done on a separate spread sheet. They are using the existing service for water into Devonshire. Bob & Val suggest moving $45,000 to cover everything until the end of the year. Bill Jaeger moved to transfer $45,000 out of "Reserves for Future Construction & Improvements" into "Other Contractual Services". Seconded by Crystal Kinzel. Carried unanimously 5-0. 1. Overhead Costs - Crystal informed the Committee the overhead costs ($25,000) results are as follows: They took the five people assigned to work on MSTU's, salaries, benefits and other associated costs, divided them by the eight MSTU's equally. It is still at $25,000 even though she had heard it may be reduced to $20,000. There may be a change in the future but will be based on the same methodology. 2. Investment Interest Rate - average rate is 2-2 %%. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report- Brent gave his report: Mulch is done 3 Ribbon Palms are in - Was a mainline break - was repaired recently - Bob will check with Robert on the maintenance issue. VI. COMMITTEE MEMBERS REPORT: None VII. OLD BUSINESS: A. Code Enforcement Update - Bob Petersen read an e-mail to the Committee concerning the issues in Berkshire Commons and the removal of exotics on the Devonshire corridor from Code Enforcement. (attached) Crystal asked if they had looked at the area. will meet with Code Enforcement in the area and get more information. commercial development is required to get rid of the exotics. When removed it will not leave any landscaping or greenery along that area. The residents will be very upset. Crystal is very frustrated with the idea that instead of beautification they have made the area worse by removing all the greenery. Bob suggested the MSTU may want to plant trees on their right-of-way and invoice the County for the area on the Devonshire Corridor. VIII. IX. Xo NEW BUSINESS: - Bob wanted to let the Committee know they are now under Diane Flagg. They will be in the office next door. Helen wanted the committee to know the junk yard has cars lined all along the sidewalk. At the next meeting Commercial Land Maintenance will bring pictures and suggestions for the members to pick out plants for the medians (sample plantings and colors). The members are to bring their copies of Radio Road plans with them. PUBLIC COMMENTS: None Being no further business to come before the Committee Dale Lewis moved to adjourn. Seconded by Sue Saum. It was adjourned at 5:10 PM. The next meeting will be held at 4:30pm, Tuesday, March 18, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe, Suite 212, Naples, FL 34104 2 AGEI~DA IT. EM NAR 2 5 21)03 Pg. -.~ EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING EXECUTION OF A DEPARTMENT OF TRANSPORTATION LOCAL AGENCY AGREEMENT FOR THE BEAUTIFICATION ENHANCEMENTS HALDEMAN CREEK BRIDGE ON BAYSHORE DRIVE FLORIDA PROGRAM TO THE ~ To obtain Board of County Commissioners approval of a Resolution authorizing the execution of a Florida Department of Transportation Local Agency Program agreement for the beautification enhancement of the Haldeman Creek Bridge on Bayshore Drive.. CONSIDERATIONS.:. The Bayshore Beautification MSTU applied for and was awarded enhancement funds in the amount of $200,000.00 for the beautification of the Haldeman Creek Bridg~ on Bayshore Drive From the Florida Department of TranspOrtation (FDOT). The attached Resolution authorizes the Chairman of the Board of County Commissioners to sign the Local Agency Program Agreement (LAP) which when signed by both the Chairman of the Board of County Commissioners, and by the Florida Department of Transportation, the state will issue a Notice to Proceed that will allow this construction to begin, and the reimbursement of these funds to the county. c-~..,,,~FISCAL IMPACT: Funds in the amount of $70,000.00 are available for this project this year in "~'". the Bayshore Beautification MSTU fund (160), and $130,000.00 will be budgeted for phase 2 of "'this project in fiscal year 2004 with the Bayshore Beautification MSTU Fund (160). The $200,000.00 enhancement funds from the Florida Department of Transportation (FDOT) will be paid to the Bayshore Beautification MSTU in fiscal year 03-04, which will allow for the repayment to the Road Assessment Receivable Fund (341) for an advance granted to the Bayshore Beautification MSTU by the Board of County Commissioners on December 14, 1999. GROWTH MANAGEMENT IMPACT:. No impact on Growth Management. RECOMMENDATION.:.. That the Board enter into the LAP Agreement with the FDOT for the beautification enhancement of the Haldeman Creek Bridge on Bayshore Drive approve the attached Resolution and authorize th~,)airman to sign the Resolution on behalf of the Board. Prepared by:~/~'-~E '~ ~/ ' ~ B~ Peterscn, Project Manager, Alternative Transportation Modes I~i~ane l~Flagg/~lternative Transportation Modes, Directo; N~r: fan E. FedCr, Transportation Services Administrator MAR 2 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A FLORIDA DEPART.MENT OF TRANSPORTATION LOCAL AGENCY AGREEMENT FOR THE BEAUTIFICATION ENHANCEMENTS TO Tile HALDEI~LS.N CREEK BRIDGE ON BAYSHORE DRIVE. WIIEREAS, the Collier County Board of County Commissioners (the "Board") wish~s to enhance the beauty of the Haldeman Creek Bridge on Bayshor~ Drive; and WHERE.~S, Collier County' is a certified agency, and WHEREAS, the Boar¢ believes that it can assist in beautifying Bayshore Drive by improving the median and sidewalks and replacing the bridge railing (the "Project"); and WHEREAS, State of Florida Department of Transportation ("FDOT") has agreed to reimburse the County $200.000.00 in the State3 Fiscal Year 2003/2004 for implementation of the Project; and WHEREAS, the Board desires to enter into a Local Agency Agreement with F'DOT to-fund · ,his Project. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION i: Thc Board does hereby authorize ils Chairman to execute the attached Local Agency Pro.am Agreement between the State of Florida Department of Transportation and Collier County. SECTION 2: This Resolution shall take effect immediately upon its passage. This Resolution adopted after motion, second, and majority vote favoring same this day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: TOM HENNING, Chairman Approved as to form and !egal sufficiency: H~:idi F. Assistant Collier County Attorney A¢EN[;)A IT.~M MAR 2 5 2003 pg. JEB BUSH GOVERNOR Florida Department of Transportation December 13, 2002 THOMAS E BARRY, JR. SECRETARY Collier County Attn: Mr. Bob Petersen 2685 Horseshoe Drive South Naples, Florida 34104 RE: Dear Mr. Petersen: Local Agency Program (LAP) Agreement FPN: County: F.A.P. No.: Program Year: Description: 408078-1-58-01 Collier 8888 811 A 2003/2004 Bridge Enhancements Enclosed are three (3) originals of the Local Agency Program (LAP) Agreement for the above referenced projects. Please have all originals of the Agreement for the project executed by the County. Chairman and returned to me along with two (2) original or'Certified copies of the County resoluti_on authorizing the Chairman or his designee_ to enter into and execute agreements. IfI can be of further assistance, please give me a call at (863) 519-2791 or e-mail .... c .... 1,..pe ..... o~dot.s[ate.fl.us Sincerely, Michelle S. Peronto Local Agency Program Coordinator Cc: File District ()ne. District Contracts Office 80I North Iqroadway A~cnue * Post Office Box 1249 * Bartoxv, FL 33831-1249 {86'I, 5 i9.2">) * i863) 510-1909 (Fax) * MS 1-18 www. d ol:. sl:al:e.fl, u $ A~END.~ ITEM MAR 2 5 2003 ~ RECYCLED PAPER JEB BUSH GOVERNOR Florida Departmen of Transportation THOMAS E BARRY, JR. SECRETARY December 12, 2002 Collier County Mr. Bob Petersen 2685 Horseshoe Drive South Naples, Florida 34104 R, ECE!VED · ;.' i:- ;. ~ RE: FPN. fi: 408078- I Description: Bridge Enhancements. Dear Mr. Petersen, This is in response to the County Attorney's comments regarding the LAP Agreement for the above referenced project. With regard to the LAP Manual, Collier County should have a copy but if it does not, one will be provided. The typographical problem in section 1.01 has been resolved. With regard to Exhibit R, the requested typographical corrections making the word "sentence" plural and adding the word "substituted" at the end of the first line is acceptable. We cannot insert the word "first" into that line inasmuch as that would delete the time within which the project must be completed (which is a required element of the Agreement). The provisions of the Agreement that are being recommended for deletion are not subject to any type of modification. The Agreement is created in our Central Office and is approved by the Department's Office of General Counsel. The form of the Agreement has been approved by the Federal Highway Administration and is in compliance with Federal Regulations. As a result, the form of the Agreement may not be modified. Finally, please note that on the finalized Agreement, we are changing the addresS for the Agency to the following: Collier County; Attn. Finance Department, 2671 Airport Rd. Suite 202, Naples, FL 34112. This is being done to be consistent with other LAP Agreements with Collier County. A finalized Agreement will be forwarded to you from Michelle S. Peronto, LAP Coordinator, for review and execution. Should you have any further comments, please do not hesitate to District One, Legal Department 801 North Broadway Avenue * Post Office Box 1249 * Ba.qtow, FL 33831 - 1249 (863) 519-2743 * (863) 5:M--7129 0%x) * MS 1-13 MAR 2 5 2003 Po. O RECYCLED PAPER contact Michelle at 863-519-2791 or via e-mail at michelle.peronto~dot.state.fl.us. Thank you for your cooperation. Sincerely~ D. Michael Lins Senior Atto. rnev cc: Michelie Peronto, LAP Coordinator Districl O~e, L .c-~l I'~'panm~nt 801 No*lb Broadway Awnue * Post Offic* Box 1249 * l:tanctw, FL 33831 -I 249 (863) 519-2743 * (863) 534-7129 (Fax) * .MS 1-13 AGENDA ITEM No. !~_0~ ..~ IqAR 2 5 200,:3 State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 525-O10-40 CONSTRUCTION OGC - 11/O2 Page I o~' 12 .~- ~. FPN No 408078-1-58-01 Federal No: 8888 811 A FPN No, Federal No: County No. Fund: SE Org. Code: 55(3izml nlnR Fund: Org. Code: Contract No: FLAIR Approp: FLAIR Obj.: FLAIR Approp: FLAIR Obj.: Vendor No.: i= .~.q~nnn.~F~i n~ Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an a.aenc¥ of the State of Florida, hereinafter called the Department, and ~nlli~r C. mmfy:Affn' Fin~nnR 13¢,pt: ?R71 Ai ,mart RH. Rf~. 2FI2: NnpI~.% FI R4112 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in .... idae Enhancements and as further described in Exhibit "A" attached hereto and by this reference made a part ,ere~of, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistanco will be provided and the understandings as to the n-~anner in wlduI~ I. he project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A, B & R are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2004 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department pdor to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to .~mdertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency I initiate and consummate, as provided by law, all actions necessary with respect to any such matte; c.c ;,~.~E~tI:~ ITEI~ 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings nE :e~tery, in~l~Cl ."~ Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the '°ject'MAR 2 5 2003 Pg. 525-O10-40 CONSTRUCTION OGC - 11/02 Page 2 of 1; 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, repOrts, records, contracts, and other documents relating to the project as the Department and the Federal Highway 3.00 Project Cost: 3.01 Total Cost:- The estimated total cost of the project is $ 200,000.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legis!ative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: tn the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available fo expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where. correctable non-compliance with provisions of law or FHWA requirements exists, federal fund~ may~poE4i~li]:jT~lg-F_.,luI ~ .unbl corn, pllanc.e is. obta. ined..V?ere ?o.n?ompliance is not correctable, FHWA or the Department ma~/dlflOy particip¥i?~ ~ in parcel or project costs in pan: or in total. / NAR 2 5 2003 525-O10-40 CONSTRUCTION OGC - Page 3 of 12 ~:or any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approVed schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the pedod of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. ~.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: Ali costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. .',eporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned / MAR252003 525-010-40 CONSTRUCTION OGC - 11~2_ Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, r=,-,-,r,4~ and to audit ~-~ ....... t, ,_ books, records and accounts pe,-tair:ing to the financing and development of the project. lcohnetrDacetp;rtor~emnta~;r~;l~eCe~hdeorntgohta~~ umlaterally cancel this Agreement for refusal by the Agency or any contractor, sub- ow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional dght of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October I through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under__ any agreement which it has with the Agency owing such amount if, upon demand, payment of the al within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be coR~i.dered a .13r~o of contract by the Department. MAR 2 5 2003 pg. (~ 525-010-40 CONSTRUCTION OC, C - Page 5 of 12 include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, .;ontracts and such other action as ma,/be required or desirable to keep to the minimum the costs the financing is to be computed; (b} furnish a statement of the project activities and contracts, and cost of which are otherwise' includable as project costs. The termination or suspension shall be car~ with the latest schedule, plan, and costs approved by the Department or upon the basis of terms an 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if:. 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred ~- by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to §cods or ser~'ices received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the'project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by wdtten notice to the Agency, suspend any or al! of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficienc with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires' termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination o specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may }roject activities and ~,, ;.; ~=.j.~ ~l~,r~n ' , . =ond f 2 5 Pg. 525--010-40 CONSTRUCTION OGC - 11/02 Page 6 of imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasona' time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which th= Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract ~ obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. ' ' 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, ail recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, nationa~ origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The. inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transactiont However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set ou ;,- *~,~ r't=f~nlfir-,n~ =n.H Coverage sections of rules implementing Executive Order 12549. Contact the Department for assis [an,ce~~Ti~M ~ copy of those regulations. No. I ~ D ..- ~ NAR 2 5 2003 525-01 O-4O CONSTRUCTI~_ OGC - 11/02 Page 7 of 12 l-he Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, SUspension, Ineligibility and Voluntar~ Exclusion-Lower Tier Covered Transaction,' provided by the Department, without modification, in alt COntracts and in att sor~itations for contracts. The Agency may rely upon a certification of a prospectivE; sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and informa[ion of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: -'~'he Agency cer'dfies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, ..roposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal depa~ment or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national odgin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title Vi - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, '~he Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil .ights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requiren the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency NAR 2 § 20O3 525-010-40 CONSTRUCTION OGC- 11/02 Page8 o~ 1 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TVVO for a period of 36 months from the 'date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors sha~l enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired an), such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter s,hall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with afl applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which ma then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any dght or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has nc ' agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its applicatio -f~o~ri,EM3 hereunder. HAE 2 5 2OO3 525-010-40 CONSTRUCTION OGC - 1 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify,' defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge o expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act b the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency wdtten approval with any approvedportions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in wdting, pdor to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the _Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member ~f Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, th~' en[ej~!~f~.u~.p,u~. ' I .I I::M cooperative agreement, and the extension, continuation, renewal, amendment or modification of an fe~r~.~j~c~, grant, loan, or cooperative agreement, i HAR 2 5 2003 525-010-40 CONSTRUCTION OGC - 11&Y2 Page 10 of 1'~ If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (~) wil O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are rneasured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848~3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY By: Title: Attest: Title: Clerk BOCC Chairman or Desginee STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Director of Production Attest: ' Title: Executive Secretary As to form:' As to form: Distdct Attorney See attached Encumbrance Form for date of funding approval by Comptroller. AGI~N D~A ITEM No. MAR 2 5 2003 FPN NO,408078'1'58-01 525-O10-40 COHSTRUCTION OGC - 1 Page 11 of 12 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated. PROJECT LOCATION: Bayshore Drive in Naples, Florida (Haldeman Creek Bridge) The project O is (~) is not on the National Highway System. The project 0 is (~) is not on the State Highway System. PROJECT DESCRIPTION: Remove and replace jersey guardrail and replace with decorative guardrail and site ammenities. The site ammenities to include: decorative paving, trash receptacles, benches, planters and decorative lighting. SPECIAL CONSIDERATION BY AGENCY: All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2001 edition as amended, and (2) The FDOT roadway and traffic design standard, 2001 edition as amended, and (3) For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where appplicable c) The Local Agency Program Manual SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 03104). 'T "3 MAR 2 5 2O63 525-010-40 CONSTRUCTION OGC - 11/02- Page 12 of 1;, AGENCY NAME & BILLING ADDRESS Collier County Attn: Finance Department 2671 Airport Road. Suite 202 Naples, Florida 34112 Termini LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT SCHE~ OF FUNDING PROJEC"f DESCRIPTION Bayshore Drive at Haldeman Creek Bridge ,Bridge Enhancements along Bayshore Drive for approximately 300 feet. FPN. NO. 408078-1-58-01 Leng~- 300 feet ~x 120 feet ~. ~.,~.~ FUNDING ~ ( 1 ) (2) (3) TOTAL AGENCY STATE TYPE OF WORK by Fiscal Year PROJECT FUNDS FUNDS FEOERAL FUNDS P.E. 2002-2003 2003-2004 .. 2004-2005 Total PE $O,OO $O.O0 $0.00 Right-of-Way 2002-2003 2003-2004 - 2C, 04-2005 Total R~ht-of-Wav Cost 30.00 30.00 SO.00 Construction 2002-2003 3200.000.00 2003-2004 3200,000.00 2004-2005 2005-2006 Total Contract Costs $200.000.00 50.00 5200.000.00 Construction Engineering and Inspection 2002-2003 2003-2004 2004-2005 Total Constru~ion Engineering $0.O0 J 50.00 50.00 Total Construction Cost $200.000.00 S0.O0 5200,000.00 ESTIMATED TOTAL COST OF THE PROJECT $200,000.00 $0.00 $200,000.00 year gins on July '1. For this project, funds are not projected to be available until after The Department will notify the Agency, in writing, when funds are available. July 1st each fiscal year. *No nvork shall begin until the Department has issued a written Notice To Proceed. This is an advanced reimbursement contract in which the Local Agency shall be reimbursed in accordance with Exhibit R of this agreement. Funds are contingent upon legislative approval AGEblD~, ITEM, MAR 2 5 2003 EXHIBIT R ADVANCE PROJECT REIMBURSEMENT 525010-40 CONSTRUCTION OGC - 11/02 Article 2.02, second and third sentence.~re deleted and the following substituted: This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the Department. Article 7.00, first sentence is deleted and the following substituted: The Department agrees to reimburse the Local Agency in accordance with Section 339.12 of the Florida Statutes an amount not to exceed the total estimated cost specified in Article 3.01 beginning in the Department's Fiscal Year 04 If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHWA funding is programmed in the Departments Adopted Work Program over a multi-year period, an annual amount equal to the amount programmed will be reimbursed in each of these years .If the project is for resurfacing, is estimated over two million dollars and is state funded, payments will be made in six equal quarterly payments beginning in the year the project was originally programmed. For all other state funded construction contracts estimated over two million dollars, payments will be made in ten equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with Section 6.00 of the agreement. If there is a required local match of non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in question. MAR 2 5 2003 pg. EXECUTIVE SUMMARY APPROVAL OF THE DESIGN FOR BUS STOP SHELTERS AND THE PROPOSED LOCATIONS ON THE PURPLE ROUTE OF THE COLLIER AREA TRANSIT (CAT) OBJECTIVE: To obtain Board of County Commissioners approval of a bus shelter design for the Golden Gate Area and the Collier Area Transit Purple Route and to obtain approval of the proposed shelter locations. CONSIDERATIONS: The Golden Gate MSTU previously approved a shelter design for a Golden Gate Beautification Project. In order to keep shelter designs consistent in each area, staff is recommending the same design be used. A picture of the recommended shelter design is attached. The Golden Gate MSTU has agreed to provide $9,500.00 toward this project. Following discussions with Collier Area Transit staff regarding the rider-ship on the Purple Route, Route 3, it was recommended that bus shelters be installed at the following locations which are high ridership areas: ROUTE #3 LOCATION Santa Barbara Blvd. approximately 100 yards from Radio Road Intersection. Green Blvd. halfway between Santa Barbara Blvd. and Sunshine Blvd. Sunshine Blvd. in front of the Golden Gate Community Center Golden Gate Parkway, west of Golden Gate Shopping Center, in front of Burger King. Radio Road in front of Beef O'Brady's FISCAL IMPACT Funds in the amount of $40,000.00 are budgeted in the FTA 5307 grant and .,~ are available for this project. Additional funding in the amount of $9,500 will be received from the Golden Gate MSTU to complete this project. GROWTH MANAGEMENT IMPACT;. This is consistent with the Transportation Element of the Growth Management Plan to promote transit in Collier County. RECOMMENDATION: That the Board of County Commissioners approves the design of bus shelters in the rec¢ ~mej3ded locations and any associated budget amendments. :~, ~/~// //~/ _/~'~ Date:~ //Z/~ Prepared by rtatlon Planner ' ~l.U~rown, 'Public/ranspo ' Diane'B./)F~ gg, Alternative Transportation Modes, Director a Approved by: ~. ' ~J/"~--~" Date: Norman l' Feder, Transportation Services Administrator A A MAR 2 5 EXECUTIVE SUMMARY APPROVE WORK ORDERS TO MCGEE & ASSOCIATES IN THE AMOUNT OF $23,490,CONTRACT #00-3131 FOR LANDSCAPE ARCHITECTURAL SERVICES OF I- 751GOLDEN GATE INTERCHANGE PROJECT. ~[l~,~C. II~: To request Board approval of work orders for landscape architectural professional services for: (1) incorporating decorative mesh design and grille work into the construction bid documents, Work order - WO- ATM-MA-03-19 and (2) designing a landscape plan for the Golden Gate interchange, Work order- WO- ATM-MA-03-20. CONSIDERATION: February 21, 2001, the Board approved the formation of the 1-75/Golden Gate Interchange Ad hoc Committee to provide input and guidance in the aesthetic appearance of the 1-75 corridor and to coordinate with FDOT as they develop their detailed design plans. The Board appointed members to the Committee on May 22, 2001. On September 24, 2002, Agenda Item #10D, a status report of the interchange enhancement recommendations requested by the Golden Gatefl-75 Ad hoc beautification committee was presented to the Board. The Board approved expending $195,034.00 from Fund 111 MSTD General Fund/Landscape Operations with 100,000 to be reimbursed by FDOT enhancement funds in Fiscal year 08. Since this status report, FDOT has provided an additional $34,000 for hiring a consultant to provide design and construction documents for the project. Staff requests approval to expend $23,490 from the MSTD General Fund to be reimbursed by the additional FDOT enhancement funds in FY08. Approval of work orders in the amount of $23,490 to McGee & Associates: 1. To prepare a scope of services incorporating decorative mesh design and grille work into the design and to provide construction bid documents for the interchange bridge. The professional services are in the amount of $14,370 (Attachment 1) 2. To prepare design and a landscape master plan for the interchange. The professional services are in the amount of $9,120 (Attachment 2). FISCAL IMPACT: Funding is the amount of $23,490 will come from MSTD 111 General Fund and will be reimbursed with FDOT enhancement funds in FY08. The remaining enhancement funds of $10,510 will be utilized to reduce the Board's net contribution from $95,034 to $84,524. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board approves the request to expend $23,490 from the MSTD General Fund to be funds in FY 08, reim~b~ FDOT enhancement Pan~'~t~ulich, ASLA, Landsgfg~ Pmj g , ! "~,° ~ : ~/~\ /"'- Date: "~l )3Ih '~ I' I . v Ew n APPROVED BY: ' / l.,~,~-,'"/" ~ Date: / , Attachm~: N~I S~ic~ for 1-? $ and Golden Gate Parkway h I~v¢lopra~t and Coordination. No. 2 -1Propo~l for Work Ord~ Requ~'t for Profe~ional Sc~i¢~s for I-'/5 and Golden Gate Parkway t. andsca~ IX'~t¢lopment Mast~ Planning. Interchange t-erc~h=g~GEN D A ITEM ,o._ 2003 Pg. / L~nds=apeArchitecture January 6th, 2003 Ms. Pamela J. Lulich, ASIA Landscape Operations Manager Transportation Operations Department 2705 South Horseshoe Drive Naples, Florida 34104 Subject: Proposal' for Work Order Request for Professional Services for I 75 and Golden Gate Parkway Interchange Hardscape Development and Coordination. Dear Ms. Lulich: As requested per our meeting we have prepared the following proposal and Task Fee Schedule for services related to the above listed project for your review and approval. }.,: ,..., v :'J e as generally described in the ~Scope of Services" as follows: SCOPE OF SERVICES: Task 1.1 Final Design Services Z. t. ! Attend meetings with County Staff and Ad Hoc Committee as needed to prepare, convey and present Plans. i .I .2 HardscaPe Design Prepare conceptual and final design plans for the bridge median and barrier wall fencing Gpplied d. ecorative mesh re',~ef desiea. To comply with FDOT and County design criteria and approval. Coordination of project decorative hardscape elements ~nd development. 1.1.3 Probable Opinion of Costs 1.1.4 Provide communications and submittals Jo the County Staff and Ad Hoc Committee as needed to prepare, convey and present Plans. ,~r,.~tr.~r· -~,~," "'i"' .-,,¢ the :~:...~=e & Associates =g:==o to pedo~ the ~bove "Scope ~'~ fixed te~ Agreement for the lump sum fees of: Fees: Task 1.1 Total: $14,370.00 (Refer to attached "Project Task and Fee Schedule" for details). If you have any questions or need further information then please contact me any time. Cordially, j ~.~ ~dent, McGee'& Associates LC 098 Design Environmental Management * Planning * Arb,orist 5079 Tamiami Trail East / P. O. Box g052 Naples, Florida 34101 Phone (239) 41.7-0707 * Fax (239) 417-0708 LC 098 * FL 1023A x~c, ,r~^ t-[EM No. /¢4g ~ MAR 2 5 2003 pg. ~. 888 ~ c~ ~YI ~ ~ ~ ~ ~ ~ I ~[ '~ ~ ~ ~ ~ I 88888 8 I I~ ~ ~1~1 I .1~ ~ ~ ~10/ ~ -- __ ~1~1 ~ ~ k . Cl~I l Oz AGENDA ITEM No. /~,~ ~ MAR 2 5 2003 pg.. 3 Landscape Architecture January 6th, 2003 Ms. Pamela J. Lulich, ASIA Landscape Operations Manager Transportation Operations Department 2705 South Horseshoe Drive Naples, Florida 34104 Subject: Proposal for Work Order Request for Professional Services for I 75 and Golden Gate Parkway Interchange Landscape Development Master Planning. Dear Ms. Lulich: As requested per our meeting we have prepared the following proposal and Task Fee Schedule for services related to the above listed project for your review and approval. McGee & Associates agrees to provide the services as listed in the "Project Task and Fee Sched,.'le ~ _.. ........ ; ......... ., m the "Scope ._,, _. SCOPE OF SERVICES: Task 1.1 Design Services 1.1. ! Attend meetings with County Staff and Ad Hoc Committee as needed to prepare, convey and present Master Plan. !.!.2 ~o.-+o o, ,,,,' o. ,.. . . ....... r, ,a .... lng-, ,e~,a,e overall ~ '"= ..... ,,,u,,,-y~o, site ~-"-- - development Master Plan to minimally include: Proposed FDOT and future landscape plantings for enhancement and buffering. Hardscape features. Water features. Recommended Proje~ Phasing Plan Colored two-dimensional rendering of Master Plan 1.1.3 Probable Opinion of Costs i .I .4 Provide communications and submittals to the County Staff and Ad Hoc Ccmmi~ee ~s needed to prepare, com~ey and present Ma~er Plan. McGee & Associates agrees to pedorm the above "Scope of Se~ices" per Contract ~00-3131 of the fixed te~ Agreement for the lump sum fees of: FeeL: Task 1.1 Total: $ 9,120.00 (Refer to attached "Proiect Task and Fee Schedule" for details). tf you have any questions or need further information then please contact me any time. Cordially, ---~"'Michael A McGee./~.-Ifa. President,' McGe~'""~ ~ssociates LC 098 Design '~ Environmental S~[anagement * Planning '* Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, FloHcta 3410I Phone (239) 417-0707 * Fax (239) 417-070g LC 09g *- FL I023A AGF~'iL, A ITFM No. /~:~ -~ MAR 2 5 ; 003 Pg. '~ 8881 888 MAR 2 EXECUTIVE SUMMARY APPROVE A PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT WITH THE ESTATES AT TWlNEAGLES, LTD., FOR CONVEYANCE OF RIGHT-OF-WAY AND OTHER EASEMENTS AND CONSTRUCTION OF A WILDLIFE CROSSING. (FISCAL IMPACT: A SAVINGS OF NOT LESS THAN $59,400.00) OBJECTIVE: To obtain Board approval for a Property Transfer and Construction Agreement between Collier County and The Estates at TwinEagles, Ltd., for the conveyance of a Road Right-of Way, Drainage and Utility Easement, a Sidewalk, Drainage and Utility Easement, and a Temporary Construction and Maintenance Easement to the County in exchange for the County's construction of wildlife crossing and flow-way. CONSIDERATION: The County requires certain property from The Estates at Twin Eagles, Ltd. ("TwinEagles") for the expansion of Immokalee Road (Phase II) and attendant drainage and utility facilities. On December 18, 2002, the County initiated condemnation proceedings to acquire the necessary road right-of-way and drainage easement for construction of a storm water pond. A Declaration of Taking was filed based upon an independent real estate appraiser's good faith estimate of value for these parcels at $362,900. In lieu of the County paying compensation for the acquisition of these property rights (approximately 7 acres at $362,000), staff has negotiated an agreement whereby the County will agree to design and build, as part of its construction project, improvements for a wildlife crossing and flow-way in exchange for the donation of a Road Right-of- Way in fee simple (1.59 acres), a sidewalk, drainage and utility easement (.66 acres) and a drainage easement, with access/maintenance easements, for the retention pond (approximately 4.40 acres). In addition, the Property Transfer and Construction Agreement ("Agreement") addresses pond maintenance responsibilities and future pond modifications. The specific terms and conditions of the proposed Agreement are attached. The improvements to be constructed by the County are more specifically described in the plans (Exhibit B) to the Agreement. The costs of the additional improvements for the wildlife crossing and flow-way have been estimated by the County's engineering consultant, CH2MHilI, and staff at $303,492. Staff has reviewed the proposed Agreement and believes its terms to be reasonable and in the best interest of the County. Approving this recommendation will save a minimum of $59,408. In ali reality the savings will be greater due to the fact that the real estate appraiser's market value estimate will probably increase when updated for court; and the construction likely will not exceed the engineer's estimate. The terms and conditions of the Agreement are attached hereto, o.AC.~.~ MAR 2 5 2003 FISCAL IMPACT: Although Collier County will incur costs in the amount of $303,492.00 for the construction of the wildlife crossing, these costs will be more than off-set by the donation of right-of-way and drainage easements valued at $362,900. Funds for the total construction costs are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT,: The recommendations are consistent with the County's Growth Management Plan. RECOMMENDATION.[ That the Board of County Commissioners: Approve the terms of the Property Transfer and Construction Agreement between the County and the Estates at TwinEagles, Ltd.; 2. Authorize the Chairman to execute the Agreement on behalf of the Board; Accept the conveyances of the property interests identified in the Agreement; and o Direct staff to proceed under the terms of the Agreement and to follow appropriate closing procedures, upon satisfactory completion of all conditions precedent to closing. SUBMITTED BY: Date:~.'-/-~ Yin ~'f~cks, R(~ A~luisltion g ana e r,,~l~e Transportation Engine~ri_ng and Construction Management ~ /' Dat~. ~'//~~ ~/~~ .. REVIEWED BY: //~ J-~-~ ' G~egg Strakaluse, P.E., Director Transp. o/~tion Engineering and Construction Management APPROVED BY: NovOn Feder; Administrato Tran/~portation Division MAR 2 5 2003 pg. PROJECT: 60018 PARCELNOS: 138 / 838 / 538 PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT THIS PROPERTY TRANSFER AND CONSTRUCTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of , 2003, by and between THE ESTATES AT TWINEAG~, LTD., a Florida limited partnership F/K/A TWINEAGLES DEVELOPMENT COMPANY, LTD., SUCCESSOR BY MERGER TO TALON LAND GROUP, LTD., (hereinafter referred to gs "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County requires a fee estate ("Fee Estate"), in that portion of Owner's land described in Exhibit "A" (hereinafter referred to as "Parcel 138"); and WHEREAS, County requires a Perpetual and Non-exclusive, Sidewalk, Drainage and Utility Easement from Owner over, under, upon and across that land described in Exhibit "B" (hereinafter referred to as "Parcel 538"); and WHEREAS, County requires a Temporary Drainage Easement from Owner over, under, upon and across that land described in Exhibit "C' (hereinafter referred to as "Parcel 838" ) for the construction of a storm water retention and treatment pond until such time as Owner develops the Parent Tract property and constructs a lake and water management system into which County may discharge and treat stormwater run-off from It'nmokalee Road; and WHEREAS, Owner desires to convey Parcel 138 and grant easements over Parcels 538 and 838 to County for the stated purposes; and WHEREAS, Owner intends to develop its property (hereinafter referred to the "Parent Tract"), and to construct a lake and water management system for the Parent Tract which will accommodate stormwater run-off from Lmmokalee Road; and WHEREAS, Owner may desire to reclaim and develop those lands to be encumbered by Parcel 838 once the lake and water management system for the Parent Tract is operational, and to provide County with a permanent access and maintenance easement connecting the stormwater discharge structure (located at approximately Station No. 375 + 00 of the plans for the four- laning of Immokalee Road from CR-951 to 43~a Avenue Northeast, Collier County Project No. 60018) to the aforesaid lake and water management system for the Parent Tract; and WHEREAS, County shall have no use for Temporary Drainage Easement Parcel 838, if the permanent drainage easements from the discharge structure at Station 375 + 00 to and encompassing the lake and water management system for the Parent Tract have been conveyed County and accepted thereby; and WHEREAS, Parcels 138, 538, and 838 (legal descriptions of which are attached hereto as Exhibits A, B and C, and made a part hereof) and alt improvements located thereon, and the future access and maintenance easement, as well as a future lake and water management system drainage easement are hereinafter collectively referred to as thc "Property"; and WHEREAS, Owner is responsible for the construction of a wildlife crossing under Immokalee Road and across the Cocohatcbee Canal running parallel thereto as a condition of Owner's Environmental iResource Permit for the development of the Parent Tract; and WHEREAS, County is able to construct said wildlife crossing in an efficient and cost effective manner during the four-laning of Immokalee Road from CR-951 to 43~a Avenue Northeast, Collier County Project No. 60018, and with minimal disruptions to the traveling public, as compared with Owner's ability to construct said wildlife crossing separate and apart from the public transportation improvement project; and WHEREAS, County desires to construct said wildlife crossing under Immokalee Road as a pan of the Immokalee Road four-laning project, in exchange for the Owner's donation of the Property to County; and WHEREAS, Owner desires to convey the Property to County for the stated purposes and without compensation, on the terms and conditions set forth herein; and WHEREAS, County has agreed to the stated terms and conditions. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($ ! 0.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Owner shall convey the Property to County for no monetary compensation pursuant to the terms of this Agreement. Owner represents that there are no damages resulting to Owner or Owner's land (Parent Tract) as a result of this conveyance. 3. The County agrees to design and construct, at County's expense, a wildlife crossing in accordance with the constructions plans attached hereto as Exhibit "D," and in compliance with South Florida Water Management District Permit No. 11-01567-P-02. Construction shall be part of the Immokalee Road widening project scheduled for construction in FY 2003 and shall be performed in accordance with the plans attached hereto. The parties hereto expressly acknowledge and agree that the County's performance is not conditioned in any way on the ability of Owner to successfully complete construction of and permit its proposed wildlife crossing and flow-way and the County makes no representations that the improvements depicted in the attached plans will comply with any re, quirements imposed by the SFWMD for a completed flow-way and wildlife crossing, except as stated above, or function for the particular purpose intended by Owner. The inability of Owner to complete the proposed improvements so that they function as a flow-way and wildlife crossing, or to obtain the necessary permits and approvals for the completed improvements, shall not constitute grounds to avoid, terminate, rescind or reform this agreement, or any portion thereof. Nothing contained in this Agreement shall be construed as imposing any condition or creating any obligation on the County to participate in any efforts by Owner to permit these improvements. All improvements described herein as being constructed by the County shall remain the property of the County. 4. The County shall construct a stormwater retention and treatment pond (designed for the ultimate six-laning of Immokalee Road) covering approximately 3.40 acres (to an elevation of 16.2, NGVD) within Parcel 838 (having a total area of 4.771 acres) designed to receive water from Immokalee Road and treat a drainage area of approximately 15.42 acres. Any fill remaining after the pond is constructed which is not needed for construction of the pond, or any berm designed around the pond, shall be left on the adjoining property of Owner and remain the property of Owner. County will maintain the stormwater retention and treatment pond constructed within Parcel 838 for a period of three years after the completion of construction of the Immokalee Road four-laning improvements or until such time as Owner obtains a surface water management permit from the SFWMD covering both the Temporary Drainage Easement (Parcel 838) and the adjoining property owned by Owner ("Parent Tract"), whichever occurs first. 5. Upon obtaining a surface water management permit from thc SFWMD covering both Parcel 838 and the Parent Tract, Owner may constnu:t a lake and water management system on the Parent Tract in such a fashion as to accept the 15.42 acre stormwater discharge from Immokalee Road, and if so constructed, the Temporary Drainage Easement over Parcel 838 shall expire, and Owner will provide to County, in a recordable form, a permanent easement for access and maintenance purposes connecting the stormwater discharge structure (located offset Station No. 375+00 of the construction plans for the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018) to Owner's lake and water management system on the Parent Tract; at which time County will release the Temporary Easement and Owner shall thereafter maintain the lake and water management system on the Parent Tract. Owner may elect not to replace the treatment pond within Parcel 838. In that event, the Temporary Easement shall expire, and Owner will provide to County, in a recordable form, (i) a permanent easement over the actual boundaries of the 3.4 acre treatment pond MAR constructed within Parcel 838 and (ii) a permanent easement for access and maintenance purposes connecting the stormwater discharge structure (located offset Station No. 375+00 of the construction plans for the four-laning of Immokalee Road from CR-951 to 43rd Avenue Northeast, Collier County Project No. 60018) to the 3.4 acre treatment pond located within Parcel 838, at which time County will release the Temporary Easement and Owner shall thereafter maintain the treatment pond on Parcel 838. 6. Owner shall have sole discretion over the location and configuration of its lake and water management system as long as it does not affect the intended function of the pond and meets the conditions of the County's Environmental Resource Permit. Owner will not discharge into Parcel 838 unless approved as part of Owner's surface water management permit. It is the parties' intent that thc Owner may replace the Temporary Drainage Easement over Parcel 838, by constructing a discharge conveyance system from the point of Immokalcc Road stormwater discharge to Owner's lake and water management system, whether via underground pipe or via open swale, and if so replaced, thc County will have such fights of access from thc location of the Immokalee Road stormwater discharge structure to Owner's futura lake and water management system as are necessary to ensure the lake and water management system's ability to accept and to treat thc 15.42 acre area stormwater discharge, and to maintain thc stormwatcr conveyance system, irrespective of whether Owner has assumed maintenance responsibilities per this provision. 7. Upon the replacement of Temporary Drainage Easement over Parcel 838 with the permanent lake and water management system on the Parent Tract, Owner shall remove Drainage Structure "OCS-4" as shown on County's construction plans for thc four-laning of Immokalee Road from CR-951 to 43'a Avenue Northeast, Collier County Project No. 60018, offset from Station 370+00, and shall cap the 48-inch pipe to which said Drainage Structure was attached to prevent errant stormwater discharge into the Cocohatchee Canal. 8. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execuUon of such instruments which will remove, release or subordinate such encumbrances from thc Sidewalk, Drainage and Utility Easement and Temporary Drainage Easement, and remove or release such encumbrance from the Fee Estate, upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before thc date of Closing. 9. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of the instruments required by paragraph 8 above. At Closing, Owner shall deliver to County (i) a Warranty Deed for the Road Right-of-Way, (ii) a Temporary Drainage Easement and (iii) a Sidewalk, Drainage and Utility Easement, in forms reasonably acceptable to County. 10. Conveyance of thc Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and thc written Agreement, including all exhibits attached hereto, shall constitute thc entire Agreement and understanding of the parties, and them are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained heroin. I 1. Owner is aware and understands that the "offer" to transfer property represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 12. Owner mpmscnts that thc Property and all uses of thc Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to thc County; that thc Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in thc vicinity of the Property to be conveyed to the County, that thc Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on thc Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. - 13. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 12. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 14. County shall pay for all costs associated with this transaction including but not limited to recording costs, transfer, documentary and intangible taxes, except that recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s), satisfaction(s) or subordinations(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment and title policy shall be paid by County. The Owner will be responsible for its own attorney's fees, expert fees and ali other costs incurred as a result of the County's acquisition of the Property. 15. This Agreement and the terms and provisions hereof shall be effective as of thc date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/orassignees, whenever the context so requires or admits. I6. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors, and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to tl~e general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. lan WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Date Property acquisition approved by BCC: November 27, 2001 ASTO COUNTY: ATTEST; DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COIl JI~R COUNTY, FLORIDA BY: TOM HENNING, Chairman AS TO OWNER: (1) Si~namn~ Pdnt~l~Yl~d Name (2) Signatu~ P~med/Typed Name THE ESTATES AT TWINEAGLES, LTD., a Florida limited partnership, et al., By: RCP/TE Management LLC, General Partner By: Resource Conservation Properties, Inc., as Managing Member By: David H. Graham, Vice President (Coq~orate Seal) EXHOrt_&_ Pm~_ I _,4 I loo' R/W ~ NORTH LINE. OF sECTiON 29 .------ NOT TO SCALE: Notes: I. This is not a survey. 2. Bosis of beoring is N/A. 5. Subject to eosements, reservotions and restrictions of record. DESCRIPTION: The Northerly 55.00 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Ronge 27 Eost, Less the Nor"tn 100 feet for rood right-of-woy purposes and LESS the West .30 feet thereof for rood right-of-way purposes, Collier County, Florida. Containing 1.586 acres more or less. 0 100 200 300 SCALE: 1'--200 REVlS['D 2/12/03 ,~o~.~ ,~.. 60018 : 138 WiisOnMiiler DA~D J. I~ATT,~I~:$.bl. (FOR THE FIRU) ~ UC. NO. 5834 NOT VAUD ~ITHOUT l14E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR~&~fOR AND MAPPER COLUER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH AND DESCRIPTION 040f4--OOO-.OOO-BGO0r I or ~ 1H- 10 AGENDA ITEM No. '~ )_Q R MAR 2 5 2003 Pg. 7 _,~____~0RTH UNE OF SE:CllON 29 -- ~.R. 8~6 - ~ D~LOPt~qT COmPAnY, NOT TO SCAL~ Notes: 1. This [s not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. N DESCRIPTION: ,'he Southerly 25.00 feet of the Northerly 78.00 feet, of the West 1/2 of the West 1/2 of Section 29. Township 48 South, Range 27 East, Less the North 100 feet for rood right-of-way purposes and LESS the West .30 feet thereof for rood right-of-way purposes, Collier County, Florida. Containing 0.66.3 acres more or less. 0 1 O0 200 300 ~ E'~I SED 2/26/03  - ~ oo-ol&-ooo UCENS~D SURVEYOf~ AND MAPPER ......I, DAVID J. HYATT,' P,a~&L (FOR *~-IE FIRM) ~ U~O. 5~ NOT V~D M~T ~ ~A~ ~D ~E ~ RN~ ~ ~ A ~IDA IH- 10 AGENDA ITEI~t No. Jl~ p~ HAE 2 5 2003 pg. (~ EXHIBIT C,, , Ps, .... I_~ I NOT TO SCA[E: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to eosements, reservations and restrictions of record. 0 100 200 REUSED 2/26/03 REUSED 2/12/03 300 DESCRIPTION: The Southerly .370.45 feet, of the Northerly 548.,~5 feet, of the Eosterly 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Ronge 27 Eost, Collier County, Florida. Containing ~,.771 ocres more or less. , DAVID'J. HYATT. ~.,.~://,/]. (FOR THE FLA. UC. NO. 5834 NOT VAUD" ~It3HOUT THE S~GNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUEVEYOR AND MAPPER 60018 I'''':G ~. : 8.58 Ic~": COLUER COUNTY DEPARTMENT TRANSPORTATION Wi/s Mi/ler h I .,_.__.__,,,,.,,._,__.____ _ , HAR 2 5 2003 EXHIBIT. i:~ge__Lol' YATCHLINE STA. YATCI'ILIME 5TA. MAR 2 5 2003 EXHIBIT ,,Page 2. ~f MATCHLIN£ STA. 574+00 MAR 2 § ~ EXHIBIT... Pa~e~o~,.. 41ATCHLINE 5T4. 385+00 MAI? 2 5 2003 EXHIBIT Pa,~ __~,.._.ol MAR 2 5 2D03 EXHIBIT .. i t4~r AGE, N D.A ITEM MAR 2 5 2OO3 EXHIBIT MAR 2 5 2003 WILDLIFE CIlO~$1NG i ! MAR 2 5 2003 EXECUTIVE SUMMARY APPROVE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY TO AUTHORIZE THE TRANSFER OF RESPONSIBILITIES FOR REVIEW AND APPROVAL OF DRAINAGE PERMITS ON STATE ROADWAYS FROM FDOT TO COLLIER COUNTY. OBJECTIVE: To gain Board approval to execute a Memorandum of Agreement between FDOT and Collier County, transferring the responsibility for review and approval of drainage permits on State Roadways in Collier County from FDOT to Collier County. CONSIDERATION.'.. On June 25, 2002 the Board of County Commissioners approved an agreement between FDOT and Collier County for the management of the maintenance of all State roadways within Collier County. This Agreement includes the responsibility for reviewing and processing all connection permits as well as all drainage permits. However, the FDOT was not permitted to delegate authority for the final review and issuance of drainage permits until legislative authority was granted after the execution of the original agreement. FDOT pays Collier County a lump sum each year for the services rendered by the County to maintain the State Roadways, and to administer the FDOT permit requests submitted to the Collier County Transportation Operations Department. Recently it has become apparent that both parties would benefit if the County has the authority to review and to approve FDOT Drainage Permits (in lieu of merely administering said permits). Doing so will eliminate both time and expense of transmitting the permits to FDOT District One headquarters in Bartow, Florida and awaiting their return. The proposed Memorandum of Agreement (Attachment No. 1) will not materially change the current operations of the Right-of-way Permit and Inspection Section of the Transportation Operations Department. FISCAL IMPACT.'. Approval of this Memorandum of Agreement will have no fiscal impact. GROWTH MANAGEMENT IMPACT:.. There is no growth management impact from approval of this Memorandum of Agreement. RECOMMENDATION:. That the Board of County Commissioners approves the Memorandum ~f Agreement and authorizes its chairman to sign the d~cumen ~xbehalf of' the Board. ' SUBMITTED By: ~//~ ~//~ DATE: "~/'~//~ ~ Edward J. Kant,~ion Operations Director APPROVED BY: No ,~.,~ Feder' AICP, Transportation Administrator Attachment: No. 1. - Prbposed Memorandum of Agreement State of Florida, Department of Transportation MEMORANDUM OF AGREEMENT FOR DELEGATION OF DRAINAGE PERMITTING This Memorandum of Agreement (Agreement) for the delegation of drainage permitting is effective the last date signed below and is by and between the State of Florida, Department of Transportation (FDOT) an agency of the State of Florida with offices at 605 Suwannee Street, Tallahassee, Florida 32399, and Collier County, (COUNTY) a political subdivision of the State of Florida with offices at 3301 East Tamiami Trail, Naples, Florida 34112. The term of this Agreement for the delegation of drainage permitting shall run from the effective date of this Agreement through June 30, 2012. This Agreement may be cancelled by the FDOT or the COU2,,ITY upon sixty (60) days written notice to the other party at the address set forth above. This Agreement for the delegation of drainage permitting is based upon COUNTY drainage permitting criteria and amendments thereto specified by this Agreement that the FDOT finds will ensure the safety and integrity of facilities of the FDOT. The purpose of this Agreement is to stipulate the approach that shall be used for the delegation of drainage permitting by the FDOT to the COU2XlIY, in accordance with Section 334.044 (15)(b), Florida Statutes. The delegation of drainage permitting is for any and all activities regulated by Chapter 14-86 of the Florida Achninistrative Code. Pursuant to this Agreement, a COUNTY drainage permit approval is deemed approved under Chapter 14-86, Florida Administrative Code, when issued pursuant to the terms of this Agreement. This Agreement does not apply to activities that are exempt under Chapter 14-86, Florida Administrative Code, and therefore, do not require a review or the issuance of a permit. For a non-exempt activity involving t~vo (2) or more acres of additional impervious surface, the COUNTY will teclmically evaluate and decide whether to issue a COUNTY drainage permit based upon the requirements of Collier County Ordinance No. 74-50, Collier County Ordinance No. 90-10, and Collier County Ordinance No. 2001-27. COUNTY drainage permits, issued under this agreement, shall incorporate all general and specific conditions and requirements contained on the FDOT standard permit form number 592-13, dated 10/86, (a copy of the standard FDOT permit form is attached hereto as Exhibit "A" and incorporated herein). The COUNTY will provide notice to FDOT at the address set forth above of any proposed ordinance or amendment to these ordinances that affects the COUNTY drainage permitting criteria at least 60 days prior to the effective date of any new ordinance or amendment. regulation criteria specified in Rule 40E4.301, Florida Administrative Code. S criteria specified in Rule 40E-4.301, Florida Administrative Code, must be met COUNTY drainage permit to be issued for any activity that meets all of conditions: For a non-exempt activity falling below the threshold for regulation of storm 'water peak discharge rates and/or total volume regulation under Collier County Ordinance No. 74-50, Collier County Ordinance No. 90-10, and Collier County Ordinance No. 2001-27, the COUNTY will technically review and decide whether to issue a COUNTY drainage permit based upon the requirement that the activity complies with the peak discharge rates and/or total volume ~ecifically, the le°ra~l~A, I/EM MAR. 2 5 2003 Po. ,.-g' 1. Abuts a State Road; and 2. Involves more than 0.20 acres, but less than 2 acres of additional impervious area; and 3. Is not a single family residential improvement; and 4. Is not related to agriculture or silviculture activities that are regulated by other agencies. The COUNTY hereby agrees to amend its ordinances, as necessary, to incorporate the requirements of this Agreement. The COUNTY may commence drainage permitting in accordance with this Agreement on applications for permits received after the effective date of the necessary amendment(s). The COUNTY will monitor regulated activities and take action as needed to enforce the requirements of the COUNTY ordinances and all permits issued pursuant to this Agreement. The COUNTY hereby agrees to enter the COUNTY drainage permit data for all permits issued pursuant to this agreement into the FDOT Permits Information Tracking System. The parties agree that the employees and agents of the COUNTY are not employees or agents of the FDOT as a result of this Agreement. Nothing in this Agreement is intended to or shall be construed as granting any rights, privileges, or interest in any third party. Neither this Agreement nor any of the rights, interests, or obligations herein shall be assigned by COU~/TY without the prior written consent of the FDOT. This Agreement embodies the whole a~eement of the parties on the subject matter. There are no promises, terms, conditions, or obligations other than those contained herein. MAR 2 5 20O3 pg. _.D FLORIDA DEPARTMENT OF TRANSPORTATION Assistant Secretary Legal Review: Date Office of General Counsel Date ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONrERS COLLIER COUNTY, FLORIDA; A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN Date Approved as to foma and legal sufficiency: eftn~ Hubbard Robinson Date ssista~/County Attorney Z/~ .% EXECUTIVE SUMMARY, APPROVE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AMENDMENT EXTENSION FOR LIVINGSTON ROAD FROM PINE RIDGE ROAD TO IMMOKALEE ROAD. (FM # 410003 1 54 01) PROJECT # 62071 OBJECTIVE: To receive Board's approval of the negotiated County Incentive Grant Program (CIGP) Amendment exte~sion for Livingston Road from Pine Ridge Road to Immokalee Road. (FM g410014 1 54 01). CONSIDERATIONS: On February 21, 2001, the CIGP was created to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System. The Board of County Commissioners Chairman approved an agreement for the .County Incentive Grant Program Agreement dated February 12, 2001 (Attached) which is due to expire on July 30, 2003. In that agreement, the county would receive up to $5,915,00.00 from the State towards construction of Livingston Road between Pine Ridge Road and Immokalee Road. Although the project is scheduled for completion in December 2004, the amended agreement would continue through February 15, 2005. Attached is the County Incentive Grant Program Amendment, from the Florida Department of Transportation, indicating said extension. x~FISCAL IMPACT: There is no fiscal impact associated with execution of the amendment. If this \ amendment is not executed, the County may not receive state funds of up to $5,915,000.00 for this project. GROWTH MANAGEMENT IMPACT: There is no Growth Management associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment and authorize the Chairman to execute the agreement. ~'l~ynn ~ Thorpe, P.E. Principal Pr°/j~t. l~_anaTr APPROVED BY: Gregg R~,Strakaluse Dir~/~/K/.E.& C.M.D. r~orn~ E. Feder, AICP, Administrator Tra~portation Division Date: Date L~/~,7~/~ Date: AC~N,,.~A ~,,~M No. I. LOL~ ~x- I~AR 2 5 2003 pg. I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT AMENDMENT FM No.: County: 41001415401 COLLIER CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORII)A As of Gentlemen: When signed by Collier County and the State of Florida, Department of Transportation in the places provided below, the following shall constitute an amendment to that certain agreement between Collier County and the State of Florida, Department of Transportation dated February 21, 2001, as in force immediately prior to the execution of this amendment (the "Agreement"): 1. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the Agreement. 2. Paragraph 2A, subparagraph (c) of the Agreement has been changed to read: 2 A(c) Construction contract to be completed on or before February 15, 2005. Except as expressly or by necessary implication modified hereby, all provisions of the A~eement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the latter shall prevail. MAR 2 5 2003 PO- c~ ACKNOWLEDGED AND AGREED TO: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By Chairman By District Secretary ATTEST: ATTEST: By. Clerk (SEAL} APPROVED AS TO FORM: i --.. //.-",L ~ ' ....' Countj A~torney (SEAD Executive Secretary LEGAL REVIEW: By District Legal Counsel AGENDA I?M MAR 2 5 2O03 Pg. S Catalog of State Domestic Assistance No. ~5500g FoHn 525-010-41 OG-C - POLICY pLANNING Pag~ I of 9 Financial Project No.: 410014 I 54 01 COUNTY: COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY, h,~ ~' ~ ~,.r~.~,~ the "COLrNTY''. ..~r~maflvr .......... to as WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incemive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to comaties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and Wh~.REAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 410014 1 54 01 for Livingston Road from Pine Ridge Road to Immokalee Road, hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and .. the COUNTY by Resolution No. ,2 oea -- ~/ dated the / ::v-Jzt. day of , z~:,o , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in conSideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE Ao PROJECT consists of.' Livingston Road fi'oTM Pine Ridge Road to Immokalee Road described in Exhibit "A,' attached hereto and made a part hereof. The COUNTY shall furnish the services with which to construct the PROJECT. Said as further AGENDA J.T. EM No. I{ R, HAR 2 5 2003 Form 525-0104I .OC, C - POLICY PLANNING Pag~ 2 of 9 B. The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, including COUNTY's standards and specifications. The COUNTY shall be respons~le for obtaining clearances/permits required for the construction of the PROJECT fi.om the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY' shall certify to the DEPARTMIENT that the PROJECT has been completed in accordance with the COUNTY'S standards and specifications. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. i) The DEPART/%IENT must approve any consukant and/or contractor scope of services prior to advertising by the COUNTY. All work to be performed under this Agreement is to be in accordance with the requirements listed in 1B herehnabove. ii) The DEPARTMENT's approval must be obtained before selecting any consultant and/or contracior for the PROJECT. The COUNTY must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequa/i_fied by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Co~t~-~ction (2000), as amended. E. The COUNTY shall not sublet, assign or tr~sfer an5, work under th/s A~eement without prior written consent of the DEPARTMENT. Al1 notices under this Agreement shal/be directed to the fogox~hng addresses: TO DEPARTMENT: Mr. Paul Theberge, P.E. Resident Construction Engineer Florida Department of Transpo~ation P.O. Box 789 Fort Myers; Florida 33902 TO COUNTY: Mr. Mitch Rile3~, P.E. Transportation Engineering & Construction Manag~t Department 3301 Tamiami Trail, Bldg. D Naples, Florida 34112 2-TERM A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this Agreement and shall be performed in accordance with the following schedule: a) Design to be completed on or before N/A b) Construction contract to be let on or ~fore __August 1,2001 c) Construction to be completed on or before __July 30,,2003. B. Th/s Agreement shall not be renewed. Any extension shall be in writing by both parties, and shall be subject to the same terms and cond.itions set forth in this Form 525-010-41 OGC - POLICY PLANNING Page 3 of 9 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to a maximum participation, in the amount of FIVE MILLION NINE HUN-DRED FIFTEEN THUSAND AND NO/100 DOLLARS ($5,915,000.00). The COUNTY agrees to bear all expenses in excess of the DEPARTN~NT's participation. i) The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: once the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT. ii) Any provisions for an advance pa3maent are provided in an Exhibit to this agreement. iii) In the event the COUNTY proceeds with the desiring, construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) ,421 costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the project. Invoices submitted after the 180-day time period will not ~ paid. C. The DEPARTMENT shall have the right to retain out of any pa3Tnent due the COUNTY under this Agreement an mount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COLrNTY and the DEP ~RTM]EN~i'. D. Pa)Tnent shall be made only atter receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044 (29) 1999, Florida Statutes. E. If this contract involves un/ts of deliverables, then such units must be received and accepted in writingby the Contract Manager prior to payments. F. The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legis .lagare. G. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. H. Bills for travel expenses specifically authorized by this Agreement shall b and paid in accordance with Section 112.061, Florida Statutes. MAR 2 5 Po. Form 5254) 10-41 OG-C - POLICY PLANNING Page 4 of 9 I. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPAR~ has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured fi'om the latter of the date the invoice is received or the goods or services are received, inspected and approved. Ifpayment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar wS/l not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will remlt in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. J. A Vendor Ombudsman has been established x~4thin the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. K. Records of costs incurred under te,,'rns of this A~eement ah, all be maintained and made available upon request to the DEPARTM~ENT at all times during the period of this A~eement and for three years a~er fmaI payrnent is made. Copies of these documents and records shall be furnished to the DEPART~;NT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors perfo,'xning work on the project, and ail other records of the COL~rT~ and subcontractors ~- ~ons; ..... necessary by the DEPARTMENT for a proper audit of COSTS. L. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or writter~ made in violation of this subsection is null and void, and no money may be Paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment Of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be execmory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. .M. A person or affiliate who has been placed on the convicted vendor list conviction for a public entity crime may not subrrdt a bid on a contract to provide ar~ services to a public entity, may not submit a bid On a contract with a public entity for the c~ or repair of a public building or public work, may not submit bids on leases of real pr( public entity, may not be awarded or perform work as a contractor, supplier, subcon' consultant under a contract with any public entity and may not transact business with any p Form 525-01041 OGC - POLICY PLANNING Pag~ 5 of 9 in excess of the threshold mount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months fi'om the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of; because of; or due to breach of this Agreement by the COUNTY, its officers, agents, ernployees, contractors/subcontractors, consultants/subconsu!tants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants. Neither COUNTY nor any of its officers, agents, employees, contractors/subcontractors, consultants/subconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants, who perform work in connection with this Agreement: "The contractor/consultant shall indenmify, defend, save and hold harmless the DEPARTMENT and ail of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature .whatsoever arising out of, because of; or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor/consultant, nor any of its officers,.agents or employees will. be liable under t~s section for danmges arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTN{ENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $ 100,000 per person and $300,000 each occurrence, and property damage insanance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms oftbe agreement, when it includes construction within the limits ora railrOad right-of-way, the COUNTY must provide or cause its contractor to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COM?ENSATION. The COUNTY shah also carry and ke Worker's Compensation insurance as required for the State of Florida under the Compensation Law. 5-COMPLIANCE WITH LAWS A. The COUNTY shall allow public access to all documents, papers, letter ~'p in fii;II:~LaNDA ITEII~ Ib, MAR 2 5 2OO3 Form 525-01041 OGC - POLICY PLANNING Page 6 of 9 material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for irnmediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof; and shall not discriminate on the grounds ofraee, co/or, religion,' sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for Iobbying the Legislature, the judicial branch, or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result 0fthis Contract for purposes other than those set out in Section 337.274, Florida Statutes. criteria. Recipients of state funds are to have audits done annually using the following State awards wil/be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General Ifa recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted -in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. Ifa recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance w/th Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. Reporting Packages and maaagemem letters generated from audits conducted in aceordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30'days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. AGENDA ITEI~ No. It_ MAR 2 5 2003 Pg. q Form 525-010-41 OGC - POLICY pLANNING Pag~ 7 of 9 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and stares of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation' shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given FDOT, the ComPtroller, and the Office of the Auditor General. The r~ipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules °f the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 6.TERMINATION AND DEFAULT the k~terest of the DEPARTM~ENT requires such terrmnatton. Thc ~ right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntar~ or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel t~s Agreement in the event an assignment is made for the benefit of creditors. This Contract may be canceled bY the COUNTY upon (60) days written notice to the DEPARTMENT. perfo~-mance of the COUNTY is not B. If the DEPARTMENT determines that the immediately terminating the Agreement, satisfactory, the DEPARTMENT shall have the option of(a) or (b) no~ifYing the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time,' otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. unsatisfactory performance of the cOUNTY, the ~r.,rtu~ ~ ~v~,~ ........ . . termination, with instructions to the effective date of termination or specify the stage of work at which thc Agreement is to be terminated. D. Ifthe Agreement is terminated before perfo~e lS .compile_d_, ~ be paid only for that work satisfactorily performed for which costs can tn: ~uo, payment, however, may not exceed an mount which is the same percentage of the Form 525-010-41 OGC - POLICY PLANNING Pag~ 8 of 9 the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 7-MISCELL/LNEOUS A. All words used herein in the sin~mflar form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. the COUNTY. Th, e DEPA~RTMF, NT shall not be obligated or liable hereunder to any party other than H. An entity or affiliate who has been placed on the discriminatory vent submit a bid on a contract to provide any goods or services to a public entity, may no' C. In no event shall the making by the DEPARTMI:.NT of any pa)m'~ent to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTI~ENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and 5ncludes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning th~ subject roarer of this Agreement that are not contah~ed h-~ t?Js document. Accordingly, it is agreed that no deviation from the temps hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration inthe tenns or conditions contained herein shal~ be effective unless contained in a written document executed with the same formality and of equal digniW herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally comCdtuted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed bY and construed in acc°rdance w4th the laws °fthe State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G. Tlfis Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPAR~T. ~or satl~t abid onl~ ~ MAR 2 5 2003 Form 525-010-41 OGC - POLICY PLAHNING P~e 9 of 9 a contract with a public emity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or performwork as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf'this /Zz~day of~--a~L mooa, by the Chainuan of the Board of Commissioners, authorized to enter into and execute same by Resolution Number 2~--9t7/of the Board on the ~.~.~_.d. ay.of ~]~aan,,./-,~, z.~oo,, and the DEPARTMENT has executed this Agreement,.thr,_ou~gh its D~smct_ Secretary for~-'- District One, Florida Department of Transportation, this c-~/~r . day of COLLIER COUNTY, FLORIDA Attest as to ~lan&ture only. BOARD OF COUNTY C~SSIONERS '. '...,,:.. , . OF COLLIE~OU~NT._;/~RIDA - ::::.'.::' -STAT~ ~~i~'gPiRTMENT OF TRANSPORTaTiON DOT District ConstrUction/Maintenance DOT L~~~ Availability of Funds Approval: (Dam) AGENDA I,TEM~ No. l~t5 ~ MAR 2 5 2003 Pg. EXHIBIT A Livingston Road Phase II! with project limits from Pine Ridge Road (CR-896) to Immokalee Road (CR-846). The project specifics include: a new 6-lane divided highway with a high degree of access control. Project length of approximately 4 miles. Project is one mile west of and parallel to 1-75. The southern terminus at Pine Ridge Road connects to Livingston Road Phase II (new 6-lanes programmed for construction in FY 01) which extends south to Golden Gate Parkway and connects to Livingston Road Phase I which extends further to Radio Road (CR-856) (new 6-1anes currently under construction). The northern limit of the project at Immokalee Road connects to a 2-lane segment of Livingston Road currently under construction that will eventually connect to Bonita Beach Road in Lee County. AC..~, N O~ ITEM No. ~ ~ MAR 2 5 2003 Pg. t_~ EXECUTIVE SUMMARY APPROVE WITHDRAWAL OF THE PERMIT APPLICATION FOR HIDEAWAY BEACH ACCESS IMPROVEMENTS, PROJECT 90511 OBJECTIVE: To obtain~Board of County Corramss~oners approval to withdraw the permit application for the Hideaway Beach Access Improvements project. CONSIDERATIONS,: On September 11, 2001, Agenda Item 16.C.13, the BCC approved the Hideaway Beach Access Improvements project with a budget of $401,000. A work order and purchase order were issued to Humiston & Moore (II&M) Engineers for $76,000 to design the combination boardwalk and sand placement and to go through the permitting process. The permit application was submitted to the FL Department of Environmental Protection (FDEP) in early January 2003. Subsequently FDEP sent a letter dated February 7, 2003 indicating that it would be difficult To justify a permit for this project and that an inland route for providing public access had been observed by reviewing the aerial photography of the area. This proposal is for a walking route on private property and has been ruled out by the owners in the past. On February 21, 2003, the CAC voted unanimously to suspend the Hideaway Beach Access Improvements project due to the environmental concerns expressed by FDEP, the Conservancy, the Florida Wildlife Federation, the Friends of Tigertail and the general public. The Tourist Development Council voted unanimously in support of the CAC recommendation on February 24, 2003. This recommendation includes 1) withdrawing the permit application from FDEP (subject of this executive summary) and 2) studying the environmental issues for potentially re- designing the project (will be forwarded separately once further defined by the engineer and reviewed by the CAC and TDC). FISCAL IMPACT: The source of funds is the Tourist Tax and no additional funds are required at this time. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION,: That the Board of County Commissioners approve the withdrawal of the permit application for the Hideaway Beach Access Improvements project. SUBMITTED BY: :/~~~ Date: ~/~--~ Ron Hovell, P.E., Coastal Projects Manager f ~J'arriesW beLong, P E, Public Utilities Admini ^' EXECUTIVE SUMMARY APPROVE WORK ORDER HM-FT-03-01 TO HOLE MONTES, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO RAW WATER BOOSTER PUMPING STATION PERFORMANCE TESTING AND OPERATION AND MAINTENANCE MANUAL IN THE AMOUNT OF $24,740, PROJECT 70057 OBJECTIVE: The purpose of this work order is to confirm, and identify opportunities to improve the reliability of the County's ability to produce potable water by conducting, full- scale test of the Raw Water Booster Pumping Station (RWBPS) and by compiling reference materials for continued operation and maintenance. CONSIDERATION: A summary of previous Board action related to this item follows. · At a special meeting on Saturday, March 30, 2002, the Board declared a state of emergency, implemented mandatory water restrictions on using County potable water for non-essential uses. · On April 9, 2002, agenda item 10(A), the Board accepted staff report on a plan to improve reliability of County water supply and production. · On May 14, 2002, agenda item 10(D), the Board heard staff's update on a plan to improve reliability of County water supply and production. The Board also authorized staff to implement specific, planned improvements. One of the planned improvements was an item titled "Revisit Preventative Maintenance and Spares Policies." Although the scope of the proposed work order was not specifically identified in the plan presented to the Board, the scope of work is generally consistent with the overall intent of the previous Board action to improve reliability of the County's water production facilities. The scope of work consists of engineering assistance during a series of tests to be conducted at the RWBPS. The approach will begin with testing at the component level leading up to a full-scale performance test. Services also include producing an Operation and Maintenance Manual along with a set of equipment manufacturer' s reference information. A copy of the proposed work order is attached. FISCAL IMPACT: The proposed scope of work is consistent with funds budgeted in FY2003 for Project 70057, Facility Rehabilitation. Funds in the amount of $24,740 are available in the Fiscal Year 2003 budget as approved by the Board on September 19, 2002. The proposed work order is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as agenda item 10(A). Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: This Executive Summary has no impact on the County's Growth Management Plan. MAR-2 5 2003 ~,~. I Executive Summary Approve Work Order HM-FT-03-01 Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve, and authorize the Utilities Division Administrator to execute, Work Order HM-FT-03-01 to WilsonMiller related to Raw Water Booster Pumping Station performance testing and Operations and Maintenance Manuals in the amount of $24,740. PREPARED BY: ~~, Ut~e D ate: "~//'~'/°'3 Karl W. Boyer, P.E. ring :Senior Project Manager APPROVED BY: ~{"n Stephen ~. Camei'l, Purchasing Director APPROVED BY: Paul Mattahsch, Water Director Date: APPROVED BY: ~:/'~'~/C) ~ Date: Roy B! Anderson, P.E., Utilities Engineering Director APPROVED BX':'-' °'''c~ ,._ 'o~) Date: _.fi s W. DeLony. P.E., PubliX'Utilities Administrator Attachment: Work Order HM-FT-03-0! HAl? 2 5 2001 WORK ORDER # HM-FT-03-01 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Raw Water Booster PumDint~ Station Performance Testing and Operations Manual The work is specified in the proposal dated December 17, 2002, which is attached hereto andmade a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #HM-FT-03-0 .I. is assigned to Hole Montes, Inc. Scope of Work: Task 1 - Test Individual Components Task 2 - Evaluate Pumping System Task 3 - Multiple Pump Operation Test Task 4 - Automatic Mode Test Task 5 - Operations and Maintenance Manual Schedule of Work: Complete work within 12 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Task ! $ 2,650 Task 2 $ 2,300 Task 3 $ 3,370 Task 3 $ 4,970 Task 4 $11,450. TOTAL FEE S24,740 Agreement). (time & reimbursable expenses) (time & reimbursable expenses) (time & reimbursable expenses) (time & reimbursable expenses) (time & reimbursable expenses) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Karl W. Boyer, P.E., PUtED Principal Project Manager Paul'Matta/usc~, Water Director Date Date APPROVED BY: WITNESS[I(2]): ' 41~Z~_7~57~ James W. DeLony, P.E., Public Utilities Administrator Date Name of Firm: Hole Montes, Inc. Print~ld l~ame: Ronald E. Benson, Jr., Ph.D., P.E. Title: Senior Vice President N0o · HAg 2 5 2003 HOLE MONTES ENGINEERS. ~. SURVEY~ PREVIOUSLY FAXED 950 Encore Way. P.O. Box 111629. Naples, Florida 34108 · Phone: 941.254.2000. Fax: 9411254.2097 ?;t 3:28 December 17, 2002 Mr. Karl W. Boyer, P.E. Public Works Engineering Department Collier County Public Works Division 3301 East Tamiami Trail Naples, Florida 34112 Raw Water Booster Pumping Station System Tcsting, Evaluation, and Operation Assistancc HM File No. 2002149 Dear Karl: Per your request during our meeting of November 12, 2002 I am pleased to provide a proposal to provide assistance to Collier County with testing, evaluation, and operation assistance for the Raw Water Booster Pumping Station (RWBPS). It is our understanding that the County is in the process of upgrading the control system that allows operation of the RWBPS in an automatic mode. During recent operation there has been concern regarding the condition and capacity of the various major pumping system components (pumps, motors, and variable frequency drives). Some of these components have been replaced or rebuilt over the years and there has been concern regarding how to best operate the system without overloading any of the components. We are very knowledgeable of this facility as we were the engineers that provided the engineering services during the significant upgrade project that was performed during the mid-1990's to this facility. This facility must operate to provide sufficient flow to both water treatment plants with flow being provided to the RWBPS from 27 water supply wells. In order to do so in an automatic mode where the RWBPS operates to adjust ff, e amotmt of water pumped 'in response to clmnges at the two independent water treatment plants requires monitoring of both the suction and discharge pressures as well as flow rate being pumped. The variable frequency drives need to adjust their speed to provide the proper combination of discharge pressure and flow based on matching the friction losses in pipeline to the water treatment plants as well as pressure necessary to be delivered to the water treatment plants. The RWBPS must also monitor the suction pressure and flow being pumped in order to call for operation of sufficient wells to provide sufficient flow to the RWBPS. The possible attempt at the RWBPS to pump more flow than is being supplied by the wells would result in a drop in suction pressure at the RWBPS and potential for cavitation of the pumps. Based on our understanding of the original system and the current needs of the Water Department, we have prepared the following description of services that we can provide Collier County to assist with improving the reliability in operation of the RWBPS. Nap!es · Fo.,1 Myers · Vemce. Englewood AGENDA .o. MAR 2 5 2003 PG., '~' Karl W. Boyer, P.E. Collier County pLIED HM 2002049 December 17, 2002 Page 2 1. Assist with performing a test of conditions under which the major pumping system components currently operate. This will!likely be a test of each individual pumping unit one at a time. Prepare a memorandum report summarizing current condition of major components, including recommendations for repairs and replacement. 2. Evaluate pumping system to determine whether or not the equipment (in its current condition) has the necessary capacity to meet the system demands and include a summary of this evaluation in a memorandum report. 3. Assist in performing a test of the pumping system components with multiple pumps in service to confirm the pumping capacity of the system. Simulate in a manual mode the set points and logic that will be programmed into the new control system for automatic control of the station. Prepare a memorandum report summarizing findings from this test. 4. Review programming logic to be used for automatic control and confirm set points to confirm that automatic operation will result in efficient operation of the station. Observe operation of the RWBPS following placing in automatic control mode and assist as may be needed in any adjustments that may be necessary. 5. Gather copies of existing manufacturer O&M materials and shop drawings and compile these materials into an organized manner. Make additional copies of these compiled sets of material to allow placement of a complete set at the RWBPS, along with copies at the Water Department office, and one Record copy for use as a master to make replacement copies if necessary. In addition, prepare a concise operation manual outlining operation of the facility, along with explanation of available O&M materials and how these may be useful for both normal operation questions as well as back up information when needed. Don Williams, P.E. with RKS Engineers will assist us with electrical and I&C portions of this work. Our budget estimate for this project on a task by task basis is attached. The total budget estimate for this work is $24,740.00. We look forward to providing this assistance to Collier County. Very truly yours, HOLE MONTES, INC. Senior Vice President REB:nsl Cc: Paul Mattausch, Water Director Pam Libby, Water Distribution Supervisor W:k2002~002149~Cl.Client CorresondenceLREB\02121'/kb propl llt.doe AG~A IT£H ~ .o. HAR 2 5 2003 MAR 2 5 2003 ! EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR AN ADDITIONAL $7,631 IN CONSULTING FEES TO PUBLIC RESOURCES MANAGEMENT GROUP (PRMG) FOR THE COLLIER COUNTY WATER - SEWER DISTRICT USER RATE STUDY. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of Collier County Water and Sewer District approve a change order for an additional $7,631 in consulting fees to Public Resources Management Group (PRMG) for the Collier County Water - Sewer District User Rate study. CONSIDERATIONS-: The Board of County Commissioners authorized pRMG to conduct the rate studies in their meeting dated September 10, 2002, agenda item 16 G 10. The User Rate study results were adopted by the Board of County Commissioners on February 25, 2003, agenda item 8 B. During the later stages of preparation on the user rate analysis, PRMG provided additional services directly related to the determination and adoption of the user rates. As the study progressed, it was determined by the County that due to the limitations of the legacy utility billing system, the ability to provide certain customer billing and frequency data in the format required by PRMG was costly and would not be available in time to complete the study. Therefore, PRMG was authorized by staff to utilize the services of another sub-contractor to compile the data for them. In addition, at the request of staff, PRMG attended two additional meetings than originally anticipated. These factors contributed to an increase in the cost of providing the services for the user rate study. Original quote Additional Services Provided TOTAL $22,500.00 $7,631.00 $30,131.00 FISCAL IMPACT_: Funds in the amount of $7,631 should be paid to PRMG, in addition to the originally approved amount of $22,500. The source of funds is the County Water - Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT_'. This project will have no impact on growth management. RECOMMENDATIONS,,:. That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water- Sewer District, approve an additional $7,631 for the Water and Wastewater User Rate studies. AGENDAITEM'-~ No. /6C. 2 5 2003 Pg. I Bala M. Sridhar Senior Management & Budget Analyst Public Utilities Division Steve C~'nell, lghrchasing Director REVIEWED BY: ~"~~/~/~ tor Thomas G. Wides, Operanons Dtrec Public Utilities Division BY: APPROVED ~eLony, Utilities ~vision Administrator DATE: DATE: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Water-Sewer District User Rate Study PROJECT #: BID/RFP #: MODIFICATION #: NAME OF FIRM: Public Resources Management Group Inc. CONTRACT AMOUNT: ORIGINAL $ $22,500.00 CURRENT $ $30,131.00 CURRENT COMPLETION DATE(S): Completed on February 25, 2003 ORIGINAL: February 25, 2003 CURRENT: February 25, 2003 SUMMARY OF PROPOSED CHANGE(S): 1) Customer Billing and Frequency Data compilation by sub-contractor. 2) Attendence in two more meetings than anticipated. JUSTIFICATION FOR CHANGE(S): 1) The legacy utility billing system could not accommodate the data request to compile the customer billing and frequency data in a cost effective manner. 2) Additional meetings were necessary to clarify questions brought forth from the staff, CBIA, Productivity Committee etc. PARTIES CONTACTED REGARDING THE CHANGE: PU-Utility Billing and Customer Service Director, PU-Operations Director, Public Utilities Administrator. IMPLEMENTATION STEPS (Check each before proceeding with change) x Proposed change is consistent with the scope of the existing agreement x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: Date: DISAPPROVE: Date: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 3/04~03 HAR 2 5 2003 EXECUTIVE SUMMARY APPROVE A WORK ORDER FOR A VIDEO TROUGH SURVEY OF VANDERBILT AND NAPLES BEACHES AS REQUIRED BY THE ROCK REMOVAL PLAN, PROJECT 90507, IN THE AMOUNT OF $27,925 (CONTRACT NUMBER 01-3271 - FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL MANAGEMENT PROJECTS) OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Coastal Planning & Engineering for a video trough survey in the amount of $27,925. CONSIDERATIONS: During the 1995-96 major beach re-nourishment, rocks were placed on portions of Vanderbilt and Naples beaches. Ultimately, the Florida Department of Environmental Protection issued a consent order on September 24, 2001 requiring a rock removal plan be executed. This plan includes the requirement to perform video inspections of the underwater trough twice per year for two years. On April 9, 2001, the Tourist Development Council (TDC) recommended the approval of $1,000,000 for the trucking of sand to maintain the beaches. On June 7, 2001, the newly formed Coastal Advisory Committee (CAC) recommended approval of the $1,000,000 project. On September 11, 2001, agenda Item 16.C.13, the BCC approved the Incremental Beach Maintenance Activities Project with a budget of $1,000,000. This budget was again approved on September 18, 2001 as part of the total County budget. On October 4, 2001, the CAC recommended an additional $7,500,000 for recovery from Tropical Storm Gabrielle to include completing the Rock Removal Plan to allow for beach re- nourishment. On October 8, 2001, the TDC recommended the additional amount of $7,100,000 (as the Reserves were relatively low). On October 9, 2001, agenda Item 10.E, the BCC approved $7,500,000 as recommended by the CAC. Coastal Planning & Engineering has submitted a proposal in the amount of $27,925 for the second (of four) video trough survey along an approximately 100 foot width of seabed paralleling portions of Vanderbilt and Naples Beaches. On February 21, 2003, the CAC unanimously recommended the expenditure of $27,925 to perform the survey. FISCAL IMPACT: The funding for this work order is available from the remaining $2,710,039 of the project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Conunissioners approve a work order with Coastal Planning & Engineering for $27,925 and authorize the Public Utilities Administrator to execute the work order. HAR 2 5 2003 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Paul Kwa, P.E., Beach Projects Manager Ron Hovell, P.E., Cg~al Projects Manager Roy B.iAnderson, P.E., Public U ilities Engineering Director ~.,, L.j. ~Zd~'~ Date: Stephan Y.' C~ell,,y~r~asing/General Services Director ~~~~ Date://~~, DeLony, Public Utilities Admi~s~tor .o. //~, HAR 2 5 2003 PG. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR HIDEAWAY BEACH RENOURISHMENT ENGINEERING SERVICES, PROJECT 90502, IN THE AMOUNT OF $165,500 OBJECTIVE: To obtain approval o£ a budget amendment for $165,500 of additional funding for the design and permitting of the Hideaway Beach Renourishment project. CONSIDERATIONS: On April 9, 2001, the Tourist Development Council (TDC) recommended $335,500 for the design and permitting of the Hideaway Beach Renourishment project. On June 7, 2001, the Coastal Advisory Committee (CAC) made the same recommendation. On September I1, 2001, Agenda Item 16.C.13, the BCC approved the engineering services related to the re-nourishment of Hideaway Beach with a budget of $335,500. On September 18, 2001, the Board of County Commissioners (BCC) approved the County budget that included $335,500 for this project. A work order for $85,220 was negotiated under a fixed term contract with Humiston & Moore (H&M) Engineers to design a phased beach restoration project on Hideaway Beach for an estimated 250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco Point. This work order does not include locating a source of sand. The purchase order was issued on June 18, 2002 and H&M submitted a preliminary design in January 2003. Coastal Planning & Engineering (CP&E) has been issued a work order for $210,448 to complete an offshore sand search for the renourishment of Hideaway Beach. Upon reviewing the budgets of the two engineering firms, it was determined that an additional $165,500 would be needed to complete the design and permitting for this project. A TDC Category "A" grant application for $165,500 was reviewed by the CAC on February 21, 2003 and by the TDC on February 24, 2003. Both committees have unanimously recommended the approval of these additional funds. FISCAL IMPACT: The Hideaway Beach Renourishment project was originally approved at $335,500. The attached budget amendment transfers $165,500 from the Tourist Tax Reserves into this project for a total of $501,000. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. MAR 2 5 2003 RECOMMENDATION: That the Board of County Commissioners approve a budget amendment transferring $165,500 from the Tourist Tax Reserves into the Hideaway Beach Renourishment project. SUBMITTED BY: Date: Ron Hovell, P.E.,~Coastal Projects Manager  ,~ic Utilities Engineering Director APPROVED BY: ,~//~c'~~ D at e: ///'"'"~?~9,~ W. DeLony, P.E~Public Utilities Administrator J EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance HIDEAWAY BEACH RENOURISHMENT ENGINEERING SERVICES Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Contact Person, Title and Phone Number: Ron Hovell, Coastal Projects Manager Public Utilities Engineering Department Phone: 530-5342, FAX: 530-5378 e 6. 7. 8. Organization's Chief Official and Title: Commissioner Tom Henning, Chairman Board of County Commissioners Project Description[and location]: Engineering services to design Hideaway Beach renourishment, search for offshore sand sources, and obtain permits, to place roughly 300,000 cubic yards of sand on Hideaway Beach. Estimated project start date: October 2001 Estimated project duration: 2 years Total amount requested: $501~000 ($335~500 FY01~ $165,500 additional) If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Collier County Tourist Development Council Grant Application Page 2 PROJECT BUDGET HIDEAWAY BEACH RENOURIS MENT ENGINEERING SERVICES PROGRAM ELEMENT Design beach fill, structures and borrow area Offshore sand search Permit application and fees Plans, specifications, construction-estimate Surveys and aerial photography TOTAL AMOUNT $85,000 $210,000 $116,000 $30,000 $6O,O00 $501,000 I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Sign/~ture of Organization's Chief Official or Designee* Date: 2 ~//- t J *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998 and is currently Director of Public Utilities Engineering. MAR 2 § 003 EXECUTIVE SUMMARY AWARD RFP #02-3356 - SPECIAL ASSESSMENTS SYSTEM PROGRAMMING, APPROVE CONTRACT NEGOTIATIONS AND AUTHORIZE CHAIRMAN TO SIGN A CONTRACT WITH DUA COMPUTER RESOURCES INC. IN AN AMOUNT NOT TO EXCEED $143,500 AND APPROVE A BUDGET AMENDMENT OBJECTIVE: To purchase Special Assessments Programming in order to upgrade to current technology, enhance customer service, and to provide certain web based features for customer access; and, approval of a budget amendment. CONSIDERATIONS: The Public Utilities Division currently uses two (2) legacy software systems and multiple spreadsheets to maintain databases for the operating and capital special assessments approved by the Board of County Commissioners. There are currently 41 Board of County Commissioners approved special assessment projects in the County. Special assessments are, normally, collected on the ad valorem tax bills. The systems prepare and maintain the rolls that are merged, annually, with the tax bills. In addition, these software systems maintain a database of all recorded County liens; all estopple letter activity used by attorneys, title companies and real estate agents to identify liens owned by the County on individual properties; miscellaneous billing for the Public Utilities Division; and the customer service database for the mandatory trash collection customers. A Request for Proposals for programming services for a special assessment system was issued and a Selection Committee approved by the County Manager on March 29, 2002, met on May 20, 2002 to discuss the proposals, demonstrations and telephone interviews. By consensus, the Selection Committee has shortlisted the top two firms as follows. 1. DUA Computer Resources, Inc. 2. D. James Stein Ten packages were sent out and three responses were received. FGM Inc. submitted a proposal but did not submit supplemental information required by the Request for Proposal and did not respond to requests for such information. The Selection Committee deemed FGM Inc. non- responsive. Staff recommends that contract negotiations with DUA Computer Resources, Inc. be approved. FISCAL IMPACT: The fiscal impact is to transfer $101,250 from the water capital project fund reserves to the Special Assessment Capital Project in fund 412 - Water Capital Projects Fund. Total project funding will be $201,250 after this transfer. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. ' '" ACa,DA MAR Executive Summary Budget Amendment Page 2 RECOMMENDATION: That the Board of County Commissioners award RFP 02-3356 - Special Assessments System Programming, authorize staff to negotiate a contract with the number one shortlisted firm, authorize the Chairman to sign the standard contract after approval by the County Attorney, and approve a budget amendment. Te/esa A. Riesen, Revenue Mana~ Utility Billing and Customer Service Department Johr~A. Yonkosk~, Directc~ Utility Billing and Customer Service Department REVIEWED BY: Barry A~6d, Effrector Informati6n Technology Department Steve Ca'ell,' Dir~tor/)' Purchasing Depart~ APPROVEDBY:<~~/-J~--~~'' ' t r J/~S ~. Delony, p.E.,Ad]hinistra o bUtilities Division t DATE:..~//0/~3~ DATE: DATE: ~/]O/O ~ AGEI~DA IT[N / MAR 2 5 2003 EXECUTIVE SUMMARY APPROVAL TO TERMINATE THE JANUARY 2, 2001 RENTAL OF TWO (2) PITNEY-BOWES DOCUMATCH INTEGRATED MAIL SYSTEMS AND APPROVAL TO RENT TWO (2) NEW PITNEY-BOWES DOCUMATCH INTEGRATED MAIL SYSTEMS TO COMMENCE OCTOBER 1, 200:3 OBJECTIVE: To obtain Board of County Commissioners approval to terminate the current rental of two (2) Pitney-Bowes Documatch Integrated Mail Systems effective September 30, 2003 and to obtain Board of County Commissioners approval to enter into a new three (3) year rental for two (2) Pitney-Bowes Documatch Integrated Mail Systems commencing October 1, 2003. CONSIDERATION: On January 9, 2001, agenda item 16C1, the Board of County Commissioners approved a three (3) year rental of two (2) Pitney-Bowes Documatch Integrated Mail Systems. The Public Utilities Division utilizes this equipment to print, fold/insert, sort and mail over 600,000 water and wastewater bills each year. The Documatch Integrated Mail System manufactured by Pitney-Bowes is networked and prints the bills to be mailed, combines the bills with other documents, folds and inserts into envelopes, seals, addresses the envelopes and uses Smart Mail (software product) to sort the mail by zip code. Two machines are utilized to print multiple bill cycles at one time to decrease processing time and reduce downtime of equipment repair. The current rental of the existing equipment expires January 2, 2004. Current rental costs for the two Pitney-Bowes Documatch Integrated Mail Systems is $41,568 per year, plus $1,690 per year for Smart Mail, totaling $43,258 per year. Pitney-Bowes has enhanced the Documatch Integrated Mail Systems and has offered the County a new reduced rental agreement of $41,460 per year, plus $1,690 per year for Smart Mail, totaling $43,150 for a three (3) year period, commencing October 1, 2003. This reduced rental agreement offer expires April 1, 2003. A 24% price increase takes effect April 1, 2003 for any agreements consummated thereat~er. If the County waits to renew the current three (3) year rental for the two (2) Pitney- Bowes Documatch Integrated Mail Systems effective January 2, 2004 (when the current agreement expires), the rental cost will be $51,528 per year plus $1,690 per year for Smart Mail, totaling $53,218. If the Board of County Commissioners approves terminating the current rental agreement of the two (2) existing Pitney-Bowes Documatch Integrated Mail Systems effective September 30, 2003 and enters into a new rental agreement effective October 1, 2003 for two (2) new Pitney-Bowes Documatch Integrated Mail Systems, a savings of 24% or $10,068.00 per year will be recognized. Pitney-Bowes is under State of Florida Contract #600-760-00-1. NO..~_~._~ f,4AR 2 5 2003 FISCAL IMPACT: Funds are budgeted in the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To approve the termination of the existing January 2, 2001 three (3) year rental for two (2) Pitney-Bowes Documatch Integrated Mail Systems effective September 30, 2003; to approve a new rental for two (2) new enhanced Pitney- Bowes Documatch Integrated Mail Systems for three (3) years to commence October 1, 2003 including Smart Mail. SUBMITTED By: ~.~~ ~ ~. ~~/~. ~.ge M~t~ag~~t~, ~-~ Date: · Mary Jo Thurston, Revenu U~ty Billing and Customer Service Department John-A. Yonkosky, Director / Utility Billing and Customer Service Department Stev D~ector Purchasing Department~ APPROVED BY:~a~ {(? (---~f,~a2~ Date: //~ Ja~es W. De~ny, P.E., Ad~xnistrator  blic Utilities Division HAR 2 5 2003 MAR'IZ-03 Ol:Z? FROM-UTILITY BILLING PitneyB wes Mmcb 12,10; Jokm A. Yo'Ak ~ corn= cou=1 utmty ~ Suite lO~ Nnp~ 1:!. 34' O4 +6414032366 T-622 P.03/03 F-652 Bov,~s ~ elllow you to get mn of your qreemcn~ c~ny tn ora~ mr you .., As of April ! ~ By dn~ng this ~czc~ be no pcnnlties. Tn= new agn~ment r 1, 2003. s~h 27, 2003 mod, you wilt ~ .s~ving ap~y S]o,O00.o0 annually. 2003 the~ ~ be ~ 25~ nge ~ an ~ Docum~-e~_ sy~.~ms. This_is your best intm'cst, and is smngthing that l have ~ned mo, ~cel Fn.s~ 'l'nnnk Yot~ 6297 W, t~nat~augn Avenue · Tampa, FIo~da 33625 613-96g-0699 Fax w~w. pime¥1mwes, com NAR 2 5 2003 PG. ~ EXECUTIVE SUMMARY APPROVE WORK ORDER #UC-020 WITH KYLE CONSTRUCTION, INC. IN THE AMOUNT OF $187,600 FOR WORK ASSOCIATED WITH THE PRICE STREET WATER MAIN ASSESSMENT PROJECT OBJECTIVE: To obtain approval of work order #UC-020 authorizing construction of water main improvements for the Price Street Water Main Assessment Project. CONSIDERATIONS: On March 12, 2002, the Board of County Commissioners adopted Resolution No. 2002-141 creating the Price Street - Barefoot Williams Road Water Municipal Service Benefit Unit and authorized engineering services to design the water main improvements for the Unit. Appropriations for the design and construction of this project are included in the budget for FY 2003 which was approved by the Board of County Commissioners on September 19, 2002. As a result, preparation of construction plans and specifications has been completed and a request for proposals was solicited from contractors under the annual contract for Underground Utility Contracting Services [Contract #02-3345, approved by the BCC on May 28, 2002, agenda item 16 (E) (10)]. A summary of the proposals received is as follows: Contractor Kyle Construction, Inc. D.N. Higgins, Inc. Mitchell & Stark Amount $187,600.00 $284,500.00 $554,900.00 Based upon a review of the proposals by staff and the design professional, it is recommended that the attached work order with Kyle Construction, Inc. in the amount of $187,600.00 be approved for the construction of the water main improvements for the Price Street Water Main Assessment Project. FISCAL IMPACT: Funds in the amount of $187,600.00 are available for this purpose under Project Number 70077 in the County Water/Sewer Capital Fund (409). The source of funds is assessments from benefited property owners. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District: 1. Approve the Work Order #UC-020 with Kyle Construction, Inc. in the amount of $187,600.00. 2. Authorize the Public Utilities Administrator to execute the Work Order. MAR 2 5 2003 Executive Summary March 25, 2003 Page -2- SUBMITTED BY:  Date: Harry Huber, Senior Project Manager Public Utilities Engineering Department REVIEWED BY: REVIEWED BY: W~ll'}'~m D~ l~Iulli-n, P.E., Principal Project Manager Public Utilities Engineering Department 'S~ve ~ar~ll, t~irector Purchasing Director Date: REVIEWED BY: Roy/B. Anderson, P.E., Director Public Utilities En,.gineeS~partment ~~erW. DeLony, P.E., A~lJninistrator .y,/ulSlic Utilities Division/ cb/f/PUED . HAR 2 5 2003 WORK ORDER # UC- 020 "UNDERGROUND UTiUTY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Price Street Water Main Assessment Project. The work is specified in the proposal dated January 21,2003 from Kyle Construction, Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # UC - 020 is assigned to Kyle Construction, Inc. Scope of Work: Installation of potable water pipelines and service connections on a portion of Price Street and Barefoot Williams Road in accordance with the construction plans and specifications. Task I: Task I1: W-2 Task IIh W-3 Task IV: W-4 Task V: W-5 Task VI: W-6 Task VII: W-7 Task VIII: W-8 W-lA 8" C-900 PVC Water Main Fire Hydrant Assembly 4-inch PVC Sleeves Water Service - Single Water Service - Double Automatic Flushing Device 8-inch Gate Valves Ductile Iron Pipe Box Culvert Crossing Schedule of Work: Complete within 90 Calendar days. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. TaSk h $106,400.00 Task !1 15,200.00 Task III 12,000.00 Task IV 23,800.00 Task. V 13,600.00 Task VI 4,200.00 Task VII 5,600.00 Task VIII 6,800.00 Total Fee $187,600.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated - in Exhibit D of the Agreement. ,0. AG~,~ ~_~" ~ Work Order # UC-020 Page 2 PREPA~RD BY: Han'y Huber, Senior Project Manager Public Utilities Engineering Department Date REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilies Engineering Department Date APPROVED BY: ACCEPTED BY: James W. DeLony, P.E., Administrator Public Utilities Division ~,~[l'les E. A~raha~n, Vice President Kyle Construction, Inc. Date Date Approved as to Form and Legal Sufficiency: January 22, 2003 WilspnMiller ~-' :--':r-'irED 03 J.,~,!--i 2 l~ P;~I ~' o. 31 POLL. COHT. & PREV. DEPT. Mr. Harry Huber, P.E. Senior Project Manager 3rd Floor, Building H 3301 East Tamiami Trail Naples, FI 34112 Re: Price Street Water Main Dear Mr. Huber: WilsonMiller has reviewed and tabulated the bids received for the Pdce Street Water Main project. A copy of the Bid Tabulation is enclosed. Based upon our review, we have confirmed that Kyle Construction is the lowest bidder. I have experienced Kyle Construction's work quality and have found it to be of a high caliber. Based on my review of the bids and Kyle's past performance, I recommend that Collier County award this contract to Kyle Construction. Based on the pdcing received for the Optional Altemate Bid Item W-lA, 8" C-900 PVC Water Main, we recommend that Collier County accept this item and incorporate it into the contract. Acceptance of this alternate bid item will reduce the contract pdce to $187,600, resulting in a saving of $ 20,900. Because the existing roadway was recently repaved, we recommend against incorporating the Optional Alternate Bid Item R-l, Roadway Oveday due to the unknown nature its need at this time. If the need is identified at a later time, it could be incorporated via a change order to the contract. In summary, we recommend award of the construct contract in the amount of $187,600 to Kyle Construction for the construction of the Price Street Water Main. Very truly yours, Craig J. Pajer, P.E. 1~ 117~44 V~r; {22]-CPAJF. R Naples Fert Myers Ssrssota Brade~t~ T~mp~ 3200 Bailey Lane, Suite 200 Nap/es, Rorida 34105-8507 94t..649-,4040 '~ 941-643-5776 ,~ v,w~w, wil~eemtller. ~om t, VillonMiller. l.q¢. -- Fi. i.i¢.,f LC-COOOfTO CA 43 I NAR 2 52003 ! ! "~' .'¢J ~§~§°°°~§ ~ oo ~o ~ ~ ~ 00000000 O0 ~ ~ ~8888888 ~ · ~ ~ 00000000 O0 Z ~ ~ 00000000 O0  ~ o 88 AG[Ni).A [T.~'I'~, ~' !~0.~ MAR 2 s 2603 EXECUTIVE SUMMARY APPROVE WORK ORDER WM-FT-03-03 TO WILSON MILLER, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO NORTH COUNTY REGIONAL WATER TREATMENT PLANT RELIABILITY ASSESSMENT AND MAINTENANCE MANAGEMENT SYSTEM IN THE AMOUNT OF $48,000, PROJECT 70094 OBJECTIVE: The purpose of this work order is to improve the reliability ot~ water production equipment within the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATION: A summary of previous Board action related to this item follows. · At a special meeting on Saturday, March 30, 2002, the Board declared state of emergency, and implemented mandatory water restrictions on using County potable water for non-essential uses. · On April 9, 2002, agenda item 10(A), the Board accepted staff report on the plan to improve reliability of County water supply and production. · On May 14, 2002, agenda item 10(D), the Board heard staff's update on a plan to improve reliability of County water supply and production. The Board also authorized staff to implement specific, planned improvements. One of the planned improvements was an item titled "Revisit Preventative Maintenance and Spares Policies." The proposed work order is consistent with previous Board action to "Revisit Preventative Maintenance and Spares Policy". When staff performed an initial review of the existing Preventative Maintenance and Spares Policy, it was found that the staff was tracking preventative maintenance using a manual record keeping system. Staff recommends that the existing preventative maintenance record keeping system be improved by transferring the existing manual records to an electronic database. The software to be used is the County's standard software, Microsoft Access. A copy of the proposed work order is attached. FISCAL IMPACT: The proposed scope of work is consistent with funds budgeted in FY2003 for Project 70094, NCRWTP Reliability Wells and Process Improvements. Funds in the amount of $48,000 are available in the Fiscal Year 2003 budget as approved by the Board on September 19, 2002. The proposed work order is consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as agenda item 10(A). Source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: This Executive Summary has no impact on the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve, and authorize the Utilities Division Administrator to execute Work Order WM-FT-03-03 to WilsonMiller AGENDA IT£1~I (~ PIAR 2 5 2003 P~. / Executive Summary NCRWTP Reliability Assessment and Maintenance Management System Page 2 related to NCRWTP reliability assessment and maintenance management system in the amount of $48,000. Karl W. Boyer, P.E., Utilities Engineering Senior Projec: Manager APPROVED BY: ~~'~ Stephen tr. Camel, Purchasing Director Date: APpROvED B y: ~ ("/~/~]'//'"'~ ~- Paul Mattausch, Water Director . APPROVED BY: Roy B. A/nderson, P.E., Utili~ties/~ineering Director APPROVED BY:~  W. DeLony, P.E., Public)~tilities Administrato Attachment: Work Order WM-FT-03-03 N0..~~._~ MAR 2 5 2003 PG. ~.,,,.,~.,. WORK ORDER #WM-FT-03-03 Agreement for Fixed Terra Utilities Engineering Services Contract//01-3290 Dated 12/03/02 l~his Work Order is for professional engineering services for work known as: l'roject: NCRWTP Reliability Assessment and Maintenance Management System The work is specified in the proposal dated February 28, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #WM-FT-03-03 is assigned to WilsonMiller. Scope of Work: Task 1 - Data Collection Task 2 - Critical Components Assessment Task 3 - Reliability and Redundancy Task 4 - Management Maintenance System Training Schedule of Work: of work. Complete work within 8 weeks from receipt of the Notice to Proceed authorizing start Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Tasks 1 $11,000 (time) Tasks 2 $10,000 (time) Tasks 3 $20,000 (time) Tasks 4 $ 4,000 (time) Tasks 5 $ 3,000 (reimbursable e×penses) TOTAL FEE $48,000 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement.  Principal Project Manager Karl W. Bo~UED PREPARED BY: l~aul Ma~t.~usch, Water Director Date Date APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date: ~3 Date 412-273512-631400-70094 ,,o. HAR 2 § 200,t . "~ · [ dspnM#ier New Direct'ohs In Plannit, Z)e.~n & Engineering PROFESSIONAL SERVICES PROPOSAL TO: FROM: DATE: SUBJECT: Mr. Kad W. Boyer, PE - Principal Project Engineer Public Utilities Engineering Depart,ment ~ Public Utilities Division County Government Center .3301 E. Tamiami Trail, Bldg. H hhles, Florida 34112 nMill~r, In.l.~ ] ,// H. DeWinkler, PE Vice President Adolfo A. Gon~alez, P~ (~ ',-/ Senior Associate February 28, 2003 Professional Services Proposal for NCRWTP Reliability Assessment and Maintenance Management System OVERVIEW 1.1 Collier County Utilities (Client) currently operates an 8 MGD reverse osmosis (RO) water treatment facility at the North County Regional Water Treatment Plant (NCRWTP). 1.2 Collier County Utilities wishes to hire a Consultant to perform a reliability assessment and to create a Maintenance Management System for this critical facility (i.e., the "Project'). 1.3 The Project objective is to provide a working model to assess critical components at the NCRWTP and provide a maintenance management system to schedule and record the maintenance of plant and wellfield components. Critical assessment will be accomplished in 30 working days of Notice To Proceed. 1.4 Coordination with Client staff and their representatives, as well as equipment manufacturers will be necessary to achieve this objective. 1.5 WilsonMiller, Inc. (Consultant) has been requested to submit a proposal to render Engineering services for the Project. Naples Fort Myers Sa~asota gra~leetea Tampa 3200 8ailey Lane, Suite 200 Napt~ Flor~a 34105-aS07 941-649-4040 ~ 941-643-5716 ~ Wit$ nMiller NCRWTP Reliability Assessment & MMS Professional Services Proposal -2- 2. SCOPE OF SERVICES 2.1 Data Collection Inf.~rmation will be collected on the processes and component items. CONSULTANT will assist the Client in tabulating the foll~ewing information: The 2. 3. 4. 5. Processes Components Vendors Critical components and recommended stockage levels Current Inventory The Consultant will supply a Microsoft ACCESSTM database for these items. 2.2 Critical Components Assessment The Consultant will contact plant staff, suppliers, and manufacturers to identify life expectancy, redundancy components, repair or replacement cost estimates, and delivery times for critical components and equipment. This task includes three (3) site visits to the NCRWTP in order to assist in field-verification of equipment identification tags and equipment manufacturer nameplate information to support this assessment. Reliability and Redundancy Assist Client with identification and purchasing of critical components to provide reliability and redundancy. Develop the model to predict future repair and replacement budgeting. The model will predict future repair and replacement budget costs for critical components that fall under the following categories: 0 - 6 months, I - 2 years, 3 - 5 years. Assist Client staff in setting pedodic maintenance schedules based on staff experience and manufacturer recommendations. Provide a full working computerized maintenance management system (CMMS) for critical component identification, replacement schedule, inventory, and maintenance for the NCRWTP. 2.4 Client Staff Training Staff will be trained to use the maintenance, inventory, and work order system (CMMS). ACCESST~ training will be provided for generating reports and for generating unscheduled queries. This task provides for four (4) hours of training for up to two (2) training sessions. 2.5 Reimbursable Expenses AG~ NDA XT£14 NO... /~, C.,. ~ MAR 2 5 2003 PG. ,.,')'" NCRWTP Reliability Assessment & MMS Professional Services Proposal -3- Expenses for reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to Wilso{~Miiler. 3 GENERAL CONDmONS AND ASSUMPTIONS County responsibilities are as follows: 4 3.4.1.1 Physically vedfy by tag identification numbers of critical components. the manufacturer and model 3.4.1.2Assist in identifying cdtical components and contacting manufacturers. 3.4.t.3 Designate personnel to be trained in the use of the system, vendors and 3.4.1.4Provide Operation and Maintenance (O&M) Manuals of existing NCRWTP infrastructure. FEES The fees for SCOPE OF SERVICES shall be as follows: Project Identification number. FEE FEE PARA SERVICE TYPE AMOUNT 2.1 Data Collection Fixed $11,000 2.2 Critical Components Assessment Fixed $10,000 2.3 FY-03 Reliability and Redundancy Fixed $20,000 2.4 Client Staff Training Fixed $4,000 2.5 Reimbursable Expenses T/M/E $3,000 Total $48,000 T/M/E = Time, Materials & Expenses ACCEPTANCE AND AUTHORIZATION TO PROCEED 5.1 Payment and billing will be in accordance with the Fixed Term Engineering ContracL EXECUTIVE SUMMARY APPROVE THE SUMMER FOOD SERVICE PROGRAM AMOUNT OF $461,600 GRANT IN THE Ob[ective: To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Education. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. The grant reimburses agencies that serve free meals to children eighteen years and under in neighborhoods that qualify. Neighborhood eligibility is determined by census income data or by the percentage of children who receive free and reduced meal service during the school year. All of Immokalee and many neighborhoods in the Naples area are eligible. Staff has successfully administered the Summer Food Service Program for the past twenty years in conjunction with the summer camp program. In 2002 the grant provided 75,913 breakfasts and 111,437 lunches for a total reimbursement of $386,578. This summer the program will provide an estimated 80,000 breakfasts and 120,000 lunches. School personnel prepare and deliver the lunches under the supervision of County staff. The County will be reimbursed based on the number of meals served and the costs of administering the program. Fiscal Impact: The program is budgeted under the FY03 Food Grant Fund in the amount of $461,600. The State will reimburse the County for 100% of expenses. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: The Parks and Recreation Advisory Board and staff recommend that the Board of County Commissioners approve the Summer Food Service Program grant and authorize the chairman to sign the attached agreement. Submitted by: ,(ames R. Thomas, Athletics Supervisor Reviewed by: flames Fitzek, Operations Manager ~ Parks and Recreation Department Date: 2//2 ~'/~.~ Date: .Agenc~ .~tem NO · ~_/_.~_~ HAR 2 5 2003 Reviewed by: Approved by: /l~:la o. Ramsey, Di~c~r P~iind~enr Joi~Dunnuck, Administrator DiVision of Public Services Agenda ~tem. HAR 2 5 2003 z ILl I11 z EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 1, PHASE 2, AMENDMENT NO. 1, FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE COURTHOUSE ANNEX, CONTRACT 00-3173 IN THE AMOUNT OF $ 69,716.00. OBJECTIVE: To approve Change Order No. 1, Phase 2, Amendment No. 1 to Contract 00-3173, for the design of the Courthouse Annex and necessary on grade parking. CONSIDERATIONS: On June 6, 2001, the Board approved RFP # 00-3173 (Design of the Courthouse Annex). The Agreement was phased to accommodate available funding: Phase One: Space programming and conceptual design. (Completed 12/20/01) Phase Two: Schematic design, design development, and construction drawings. Phase Three: Bidding and construction of a building consisting of two (2) finished floors and one shell (3 floors) with foundation accommodations for an eventual total height of eight (8) stories. The space programming, accomplished in Phase 1, indicated that an 8 story building consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected growth of Courthouse support staff. Due to budget constraints, the project will be designed in three phases. Subsequent to the Board's award of Phase 2, Staff was directed, that in lieu of constructing a shell for the third floor, a finished third story would be necessary to accommodate the needs of the Clerk of Courts, thereby necessitating Change Order # 1. FISCAL IMPACT: Funds in the amount of $587,200.00 have been set aside from the County Wide Capital Improvement Fund (301) for design of Phase 2. The total of the original fee and Change Order No. 1 is $505,070.00 which falls well within the budgeted amount of $587,200.00. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve and authorize the Facilities Management Director to execute Change Order No. 1, Phase 2, Amendment No. 1 to Contract 00-3173 in the amount of $69,716.00. /$ac/k'fCrognale, Cor~Stm~ion Manager ,D~epartment of Facilities Management No. 16,-&~ PIAR 2 5 2003 Pg. [ _ RFP # 00-3173, Addendum No. 1, Phase 2, Change Order # 2 Page 2 DATE: REVIEWED 'Stephen Y. Cai, dell, Director Purchasing Department DATE: Skip Camp, CFM, Interim Administrator Administrative Services Division DATE: NO. /L~- ~- - "! MAR 2 5 2003~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Property Appraiser_ PROJECT #: 52533 BID/RFP #: RFP #02-3349 MODIFICATION #: 1 NAME OF FIRM: Spillis Candela, DMJM CONTRACT AMOUNT: ORIGINAL $ 435,354.00 CURRENT $505,070.00 CURRENT COMPLETION DATE(S): ORIGINAL: December 19, 2003 CURRENT: December 19, 2003 SUMMARY OF PROPOSED CHANGE(S): Add completed 3rd floor to the Project and remove Chiller Plant upgrade. ~' JUSTIFICATION FOR CHANGE(S): To provide additional space for the Clerk of Courts. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Dan Rodriguez, Leo Ochs. IMPLEMENTATION STEPS (Check each before proceeding with change) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Change is being implemented in a manner consistent with the existing agreement _x The appropriate parties have been consulted regarding the change PROJECT MAN~?ER RECOMMENDATION: DISAPP 0~. / COMMENTS: Date: Date: ChanRe requested by the CountyManaRer March 4, 2003 ~-" AGE t~)~, ITEM ~ MAR 2 5 20113 CHANGE ORDER CHANGE ORDER NO. 1 RFP 00-3173, Amendment No. 1, Phase 2 TO: Donald Dwore Spillis Candela, DMJ DATE: February 28, 2003 PROJECT NAME: Courthouse Annex PROJECT NO.: 52533 Under our AGREEMENT Addendum No. 1 dated January 14, 2003 HAR 2 5 2003 Pg. /'/ __ CHANGE ORDER NO. 1 PAGE 2 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Add design of the 3'd floor of the Courthouse Annex and delete design upgrades to the Chille~' Plant only For the additive sum of: $69,716.00 Original Agreement Amount $ 435,354.00 Sum of Previous Changes: $0 This Change Order (Add) $ 69,716.00 Present Agreement Amount $ 505,070.00 The time for completion shall be (increased / decreased) by N/A calendar days due to this Change Order. Accordingly, the Contract Time is now N/A (_) calendar days. The substantial completion date is N/A and the final completion date is N/A. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20~ OWNER: BOARD OF COUNTY COMMISSIONERS CONTRACTOR: OF COLLIER COUNTY, FLORIDA Spillis Candela, DMJM BY: BY: Daniel Rodriguez, Interim Director Department of Facilities Management FEB-18-2EIEI3 13:51 SPILLIS CANDELA & Pt~C~TNER P.O2/tDG Flo~daAM 2000Jfillenniu~AwardqfHonorforDes~n Spillis Candela DMJM AR~'I #T ~.--U RF/FN~,IN!r~RIN¢ '~ February 18, 2003 Mr. Jack Crognale Construction Manager Department of Facilities Management Collier County Government General Services Building 3301 Tamiami Trail East Naples, FL 34113 Peter }. 5pilli.,., AA lik, rio P. ¢.'and~la, FAIA lulio Grabic;, ,*,lA A,a,m.~ Alvarez. Donald D~orc, [),~w~,.~ S. Klein Ho~a~ ~-IKm, Mk ha~l K~win, Paul Crai~ K*.ny*m, Re: Courthouse Annex (without chiller piano SCDMJM No. 032112127.0001 DearJack: Per our telephone conversation of Friday, February 14, 2003, I have enclos~M the following: 1. Revised estimate of Project Costs without chiller plant 2. Revised estimate of A/E Design Fees (Phase 2) without chiller plant 3. Revised scope statements without chiller plant 4. Revised pa§e 39 without chiller plant $ 10,308,839.00 $ 505,070.00 Il' you need other information, please advice, Sincerely, Donald J. Dwore, FAIA Principal-in-Charge DJD:hm cc: D. Klem R. Macia "/ MAR 2 5 2003 FE~-~8-2003 ~3:52 SP Ill I S Ci::INDELA & Pi:::IRTNER Spillis Candela & Partners, Inc. Amendment #2 changes the Scope of Work as follows:. Item 1 '~he a~lclition to the existing courthouse will be 3 finished floors of approxir~tely 17,500 SF each with the foundations prepared to add 5 more floors for a total of 8 floors. Fee Schedule B has been revised on February 3, 2003, to reflect this change in scope (see page 39). ~(;~,mA _LT£~ ! No./~,--~ - I MAR 2 5 2003 FEB-18-21B83 13:52 SPILLIS CANDELA & PARTNER P.84/06 Spillis Candela & Partners, Inc. Estimate of Design and County Administrative Fees for the Design of Collier County Government Center Revised 2/18/03 Courthouse Annex - Building L-1 a) b) c) · d) · e) 3 finished floors o 17,500 SF - 52,500 SF Foundation preparation for 5 additional floors Contingency O10% A/E fees for items A. 1 (a - c) @ 7.25% Testing and Administrative fees for project @ 1.75% Subtotal: Parking On-Grade a) b) c) · d) · e) 1 75 cars on-grade (1 car per 300 SF of space) $2,500/car Contingency @ 10% A/E fees for item B.1 (a - c) @ 7.25% Testing and Administrative fees for project @ 1.75% Subtotal: S 615,869.00 $ 148,658.00 $ 764,527.00 34,891.00 8,421.00 43,312.00 Co a) Total NE Fees b) A/E expenses (printing, travel, Fedex, mail, etc.) c) Testing and Total Administrative Fees (County expenses) 650,760.00 ~ 7,000.00 157,079.00 Total A/E and County Administrative Fees A/E Fees for Phase 2 only (includes expev~es of $17~000.00) $ 8:24,839.00 $ 505,070.00 lAGENOA HAR 2 5 2ij03 J EXECUTIVE SUMMARY APPROVE OCHOPEE FIRE CONTROL DISTRICT'S APPLICATION FOR A MATCHING (501S0) GRANT OFFERED BY THE FLORIDA DMSION OF FORESTRY IN THE AMOUNT OF $4,230.00 AND APPROVE THE NECESSARY BUllET AMENDMENTS OBJECTIVE: To obtain Board of County Commissioner's approval of an application for a Volunteer Fire Assistance Matching (50/50) Grant for the purpose of purchasing Forestry hose and clamps, nozzles, specialized hose couplings, and approval of the necessary budget amendments. CONSIDERATION: For the past twenty-five years, the Ochopee Fire Control District has been awarded a Volunteer Fire Assistance Grant from the Florida Division of Forestry. This year, the Division of Forestry has set a high priority on fire suppression equipment. The Ochopee Fire Control District wishes to purchase forestry hose and clamps, four nozzles, and specialized hose couplings. All are necessary hardware for controlling brush fires, and for use with prescribed bums which are essential for the protection of the rural areas of Collier County. FISCAL IMPACT: The total cost of the equipment is $4,230. with the cost split 50/50 between the Division of Forestry and the Oehopee Fire Control District. The Fire District's share of $2,115. will be funded from the Oehopee Fire Control District Reserves for Contingencies, Fund 146. If the application is successful, budget amendments will be necessary to: 14 recognize and appropriate $2,115. in revenue and 2.) transfer $2,115. from Reserves for Contingencies to Fund 118, Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management impact RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the Florida Division of Forestry Volunteer Fire Assistance Grant application and approve the budget amendments needed upon award of the grant. Chief Paul Wilson, Ochoj~ire Control District Kenny.th F. Pineau, Emergency Services Administrator ,,, HAR 2 5 2003 FLORIDA DEPARTMENT OF AGRICULTERE AND CONSUMER SERVICES DIVISION OF FORESTRY VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION £GAL NAME Collie~ County ADDRESS P.O. Box 25 CITY Ochopee STATE F1. COLmT¥ Collier ZIP _ COUI¢1~ EMPLOYER IDENTIFICATION NUMBER (EIN} IS FIRE DEPARTMENT LOCATED IN AN INCORPORATED TOWN* ~ IF YES. NAME OF TOV~ Eve~-a laden POPULATION OF TO~%'N 5~ PROTECTED AREA EST rOPU~TION ~ S~E 1~,1~ NUMBER OF FIR£FIGHTERS PAID 12 VOLUNTEER 17 NO OF INCIDENTS PAST YEAR WILDLAND FIRE OTHER NUMBER OF FIREFIGttTER$ CERTIFIED ~.e_, WiLDLAND FIREFIGHTER WILDLAND FIREFIGIITER II FORM OF ORGANIZATION: (Muamipal. Fire OislncL Ncm-PmfiL Court .ty) Ochopee Fire Control District IF COUNTY, UST VFD'S BENr~ihNG FROM GRANT: WH~T IS THE FIRE DEPARTMENT'S ISO RATI~IO?. 6/9 CURRENT COOPERATIVE AOREEMEm' wrl'. oc~ ~ x DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: NAME OF FIRE DEPARTMEWF: HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN THE PAST 12 MONTHS'~ YI~ NO X IF YES, FROM WHERE: AMOUNT: S LIST TOTAL FUNDS RECEIVED FROM OTHER. TAXING AUTHORITIES SUCH AS CITY. COUNTY. TAXINO DISTRICTS (Past 12 MomM): AMOUNT $ ~"~T OF FIREFIGIITING VEHICLES. tYPE MAKE/YR MODEL 1992 GMC ~.~ Scottsdale eon t'o I H ~ es 1977 AMC 500GPM 325 GPM 1_090 CP.". WATER 25O 325 10OO I:STI.%IATED GR;\NT rL~tDING REQUEST: I'EDI'~RAL APPLIC,\NT COUN'FY INKIND TOTAL S 2,.115.00 S NA s NA s 4,. 230. OO LIST OF EQUIPMENT OR SUPPUES TO PURCHASE WiTH GRA .NT FUNDS: NUMBER DESCRIPTION (Federal no~ mine than 50% of total. ,%1~IKam al ~ 5~ of t~ - up m 4~/e in kind sc~ ~ al least 1~ ~tchm[ Ib~.). Wc undcnt~ I~ flus ,s a 50 ~ ~ ~s~ ~-~, (C~ F~b~ ~i~ ~ of 1971.. comributmfls up to ~0 ~ of I~ ~ ~ ~ of t~ il~ a~ will ~ ~d e ~ ~ ~ ~ ~ OF MY ~E ~ BE~. ALL DATA IN TI IlS APPLICATION ARE ~UE AND COR~. ~E GOVERNINO BODY OF ~E AP~CA~ ~ ~Y A~ED ~S ~~. as to form & legal suf~tc, iency County Attorney · AG.E NDA_~.~F.,M P'I - MAR 2 5 2003 Pg.., ASSURANCES - NON-CONSTRUCTION PROGRAMS OMB Approval No. O348..OO4O Public reporting burden for this collection of information is estirnatad to average 15 minutes per response, including "u,T,~ for instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing Ihe coEection information. Send comments regarding the burden estimate or any other aspect of this collection of informa~n, including auggestlons for ireducing this burden, to the Office of Management and Budget, Paperm~"k Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to you~ project or program. If you have questions, please contact lite awarding agency. Further. certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case. you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of i~ro~ect cost) to ensure proper planning, management and completion ol~ the project described in this application. 2. Will give the awarding agency, the Comptroller General o! the United States and, if appropriate, the State. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish sa[eguards to prohibit employees Irom using their positions for a purpose that constitutes or presents the appearance of personal or o~ganizational conflict of interest, or personal gain. Will iniliate and complete the work within the applicable lime frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental PersOnnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescn'bed standards for merit systems Ior programs fortded under one of the 19 stalutas or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administr*~icn (5 C.F.R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscrimination. These include but are not limitad to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, ~ or national o~gin: (b) Title IX of lite Educalton Amendments of 1972. as amended (20 U.S.C. ,~1681- 1683. and 1685-1686). which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation 8o Act of 1973. as amended (29 U.S.C. §794). which prohibits discrimination on the basis of handicaps; (d) the Age Oisctiminaticn Act of 1975, as amended (42 U.S.C. ~6101-6107), which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255). as amended, relating to nondiscrimination on the basis of drag abuse; (f) the Comprehensive ~ Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3). as amended, relating to confidentiality of alcohol and drug abuse patient records; th) 'r'~a VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale. rental or financing of housing; (i) any other nondiscximination provisions in the specific statute(s) under which application for Federal aa~istanca is being made; and. (J) the requlrementa of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of rite Uniform Relocation Assistance end Real Property Acquisition policies Act of 1970 (P.L. 91-646) which provide for fair and aquitaine treatment of pemons ~rm~aced or whose prope~y is acquired as a result of Federal or federally-assisted programs. These requirements apply to ail interests in real property acquired for project purposes regardless of Federal participation in · purchases. -. Hatch Act (5 U.S.C. ~1501-1508 and. 7324-7328) principal employment activities are funded in whole or in part with Federal funds. Previous EdiUon Usable Authorized for Local Reproduction Standard Form 4248 (Rev. 7-97 Prescribed by OMB Circular A-102 MAR 2 5 2[}03 Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7). the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874). and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333). regarding labor standards for lederelly-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements o1' Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipie,~ts in a special flood hazard area to pa~,cipate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consislency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (0 conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955. as amended (42 U.S.C. §§7401 et seq.); (g) protection o! ._ underground sources of ddnking water under the Safe Ddnking Water Act o! 1974. as amended (P.L. 93-523); and. (h) protection of endangered species under the Endangered Species Act of 1973. as amended (P.L. 93- 205). 12. Will comply with the W'~ and Scenic Rivers Act of 1968 (16 U.S.C. ,~1271 et seq.) related to protscting comlx~ents or polentlal components of the national wild and scenic rivers system. 13. W'dl assist the awarding agency in assuring compliance with Section 106 of the National Historic Pre~c~ation Act of 1966, as amended (16 U.$.C. ~470), EO .11593 (identification and pro~ectio~ of historic I~:~1~), a~d .. the Archaeological and Historic Presarv~lion Act of 1974 (16 U.S.C. §~j469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with [he Laboratory Animal Welfare A~ of 1966 (P.L. 89-54.4, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financJal and compliance audits in accordance with the .Single Audit Act Amendments. of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF ^IJTHORIZED CERTIFYING OFFtClAL O R'---GAN I ZATI O'"'----'"'"-"~ hopee Fire Control District Approved as to form & legal sufr~cienc-.y TITLE Collier County Board of Commissioners Chairman _____---- I DATE SUBMITTED 3-6-03 Standard Form 424B (Rev. 7-g/) Back IAGENDA J,T, EM .o.l&.?,, NAR 2 5 2003 Form AD- 1047 INSTRUCTIONS FOR CERTIFICA lION I. By signing and submitting this Form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. .3. 7 I0. The inability ora person to provide the c~nification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certifh:ation or explanation will be considered in connection with the department or agenc)'s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is n material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to 'other remedies available to thc Federal Government, the department or agency may terminate this transaction for cause or default. Thc prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Thc terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as. used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order ! 2549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into nny lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded fi.om participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this form that it will include this clause mlrd "( '.'f~ifienlion Rog,riling I~el)flrmem. Suq~t. tl~io,. Ineligibility find Vohmlnry Exclusion - l.ower Tier Covered Transactions," provided by the dcpartmenl or agency entetin8 into this coveted transaction, without modific;mon, in all lower tier covered transactions and in nil solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification ora prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may. but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment ora system of records in order to render in good faith the certification required by this clause. The knowledge and info~'mation ora participant is not required to exceed that which is normally possessed by a prudent parson in the ordinary course of busine'-~ dealings. Except £or transactions authorized under paragraph 6 of these instructions, ifa participant in n covered transaction knmvingly enters into n lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government. the department or agency may terminate this transaction for cause or default. " AC-,F. NDA IT, EM t, Jo. // . MAR 5 2003 _ff' ..... Form AD-1047 U. S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transact~ons" This certification is required by the regulations implementing Executive Order i 2:549, Debarment and Suspeasion, 7 CFR Part 3017. Section 3017.:513, Participants' responsibilities. The regulations were published as Part IV of/he January 30, 1989, Federal Ree/ster (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (Be£ore completing certification, read instructions on rever~e.) (I) Thc prospective primary participant certifies to the best of its knowledge and belief, that it and itsprincipals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;, (b) have no~ within a three-year period preceding this proposal been convicted ofor had a civil judgment rendered aBainst them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State or Local) transaction or centract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theR. forgery, briber}', Falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or Local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and have not within a thrce-year period preceding this application/proposal had one or more public transactions (Federal, Statc or Local) terminated for cause or default. (2) Where thc pr~spcctive primary participant is unable to certify to any of thc statements in this certification, such prospective participan! shall attach an explanation to this proposal. ORI ;,I. ~ I F. I Tit).%' NA.%IE I PR/A WARD NUMBER O~ I~OJECTNAME Collier County Board of Commissioners Ochopee Fire Control District ~t.~t~ AND rI~,E OI:.4L~I~D R~RESE,~A~ Tom Henning, Chairman lURE [Dare APl~roved as to form & legal sufficiency C.c~unt.v'AttC~r~.¥ - / ~Z:;~ I NAR 2 5 2003 C.L. Carder & Associates 4270 Creek Haven Drive Marietta, Georgia 30062 678-564541901 Plmae 678-S60-0802 Fnz e-mail: ~selc~r¢_m'_o~aol GOJ9 Request For Quotation Date: March $, 2003 To: Chief Wilson Oehopee Fire Reacue Item OD' Description Unit Unit 'Total Coat I 20 ea. 1" x SO FL Section; Spec 187 Heae; NH ] S 1,2,10.00 2 8 ea. I ½" x SO fl. Section; Spec 187 Hosc; I S NH 3 2 ea. TFI' AYLN-ND 1.5" NH x 1" x 1' ! $ 482.00 Gated Wye 4 2 ea. Forestry Hose Clamps I S 85.00 S 4 ea. BGH12SF ~ UltJmat/e I S 2,205.00 10 - 100 gpm ~) 'tS psi I MAR 2 5 2003 Pg' 7 Fire & Safety Equipment, Inc. 3573 Enterprise Ave. a~l Naples, Florida 34 ! 04 1-941-643-4140 1-800-643-4104 FAX E-Mail: eliteloam Q, aol.com Websile: www. elite-fire.com QUOTATION TO: Chief Paul Wilson Ochopee Fire District Salesperson - Jeff Benker Fax- 239695-3473 I~_ ~CRIleI10~ TOTal. : 2.00 T.F.T. AYLNF-ND 1 .$"NH x 1" x 1" Gated~e I $210.00 $420.00, ';~._,:.L--:-~'~.?::~2'~=:._~:-~-~.-'~,::~:'- ~,~.-~*, ~.~ ,,:,.: ..... ~-._~:~-*:=~ 4,00 BGH125F .T:F.T. Ultimatic 10-100 GPM t~ S530,00 S72_..~.1~0.00; ALL QUOTES VALID FOR 30 DAYS To~/ iiI': ~.~i~:~.~:: Specializing In: Brush Trucks, Ambulances, Fbe Fighting Equipment. Foam & Wildlife Equipment 24 HOUR EMERGENCY FOAM SUPPLY 1-800-432-FOAM (3626) MAR 2 5 20~3 FIRE APPARATUS, EQUIPMENT, & SUPPLIES 4601 HEDGE ROAD EAST ALTON, IL 62024 888-BAN-FIRE(226-3473) I FAX - 618-251-6020 Rill To: Ochopee Fire District Chiel' Paul Wilson DATE 3/6/2003 Quo{ation # 306 Customer ID Quotation valid until: 4/4/2003 Prepared by: Michael J. Benker Comments or Special Instructions: FOB East Alton, I1. Description AMOUNT i20) 50fi Igts Niedner Spec 187 1' hose, cpld NST 1,100.00 (8) 50it Igts Niedner sPec 187 1.5" hose, cpld NST 544.00 (2) Task Force gated wye, 1.5" x (2) 1" NST 478.00 (4) Task Force BHH125 Automatic nozzle, NST 2,236.00 (2) Forestry hose clamps 159.90 TOTAL $ 4,517.90 If you have any questions concerning this quolation contacl: Mike Benker, 888-226-3473/mikeb~bannedire.cor THANK YOU FOR YOUR BUSINESS! P~._ EXECUTIVE SUMMARY,., RECOGNIZE AND APPROPRIATE ISLES OF CAPRI FIRE CONTROL DISTRICT PROTECTIVE INSPECTION FEE REVENUE IN THE AMOUNT OF $26,000 BY APPROVING THE NECESSARY BUDGET AMENDMENT. OBJECTIVE: To recognize and appropriate revenue from protective inspections fees to fund additional unanticipated expenses. CONSIDERATION: Unanticipated expenditures due to personnel turnover and equipment repairs are impacting the present budget beyond projected expectations. The appropriation of Protective Inspection Fee revenue will cover these unforeseen expenditures. FISCAL IMPACT: Total unanticipated expenditures are estimated at $26,000. Sufficient funds have been collected from the Isles of Capri Protective Inspections, Fund 144. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and appropriate $26,000 in unanticipated revenue from protective inspection fees, and approve the required budget amendment xx Chi~o Ro~eS ~,~pri Fire Control D,stnct APPROVED BY: _'~-~-~ ~=;~2~/~_ Date: ./X.~.o.~ ~ $ K~k,~ Pineau, Emergency Management Admifiistrator MAR 2 5 2003 EXECUTIVE SUMMARY RECOGNIZE AND APPROPRIATE ISLES OF CAPRI FIRE CONTROL DISTRICT PROTECTIVE INSPECTION FEE REVENUE IN THE AMOUNT OF $26,000 BY APPROVING THE NECESSARY BUDGET AMENDMENT. OBJECTIVE: To recognize and appropriate revenue from protective inspections fees to fund additional unanticipated expenses. CONSIDERATION: Unanticipated expenditures due to personnel turnover and equipment repairs are impacting the present budget beyond projected expectations. The appropriation of Protective Inspection Fee revenue will cover these unforeseen expenditures. FISCAL IMPACT: Total unanticipated expenditures are estimated at $26,000. Sufficient funds have been collected from the Isles of Capri Protective Inspections, Fund 144. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and appropriate $26,000 in unanticipated revenue from protective inspection fees, and approve the required budget amendment APPROVED BY: ~~e.~ ~ Date: K~r Pineau, Emergency Management A&it~istrator 2 5 20 3 BUDGET AMENDMENT REQUEST I For Budg~Finance U~e Only I ~r~... ~.~..-...~.~ ........ I A.P.H. Da~ ....................... IFUND TITLE: Isles of Capri Fire Control~~'~ N_O: 144 Date prepared: 3/07/03 ] Attach Executive Sugary ppro y CCo-: COPY Ilsles of Capri Fire District Cost Center Title EXPENSE BUDGET DETAIL Cost Center No. "] ~ Project Title [ IProject No. Expenditure ' Expenditure Increase Cuccent Revised Object Code Title (Decrease) Budget Budget 764110 Autos & Trucks 1~500 -0- 1~500 513100 Other Salaries 6,000 -0- 6,000 514100 Overtime 5,000 20,100 25,100 646430 Fleet Maint 5,000 12~200 17~200 646610 Communication 1~000 1~200 2,200 652110 Clothing & Unifocais 4~000 4.500 8,500 ,, 652990 Other Operating Supp 3,500 3,200 6,700 TOTAL Reacue Cost Cost Center Title Expend_i~re EXPENSE BUDGET DETAIL Center No. [ I Project Title I~'~ect No. Obj.! Code Title ',urrent Revised Budget TOTAL 1 Isle of Capri Fire [District [ Cost Center Title REVENUE BUDGET DETAIL [Cost Center No. Project Title N/A Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 342500 Protective 26,000 -0- 26,000 Inspection Fees TOTAL $26,000 EXPLANATION Why are funds needed? The funds are needed for unanticipated labor and repairs on a surplus vehicle and other operating equipment. Where are funds available? The funds are available by recognizing additional revenue from Protective Inspection Fees. REVIEW PROCESS ; Division AdministFatoF**~P"~~/~. ~t~fd~ d'/ ~ Budget Department: ~ Agency Manager: Finance Department: DATE Clerk of Board Admin.: Input by: .. " B.A. No.: ~ ~, ~)._ i MAR 2 5 ~ APPROVAL OF BUDGET AMENDMENTS BCC Agenda of March 25, 2003 Operating Engineering Fees Reserves Reserve for Capital Outlay Total: Road Construction Gas Tax (Fund 313) Budget Amendment 003-221 $41 ($40 -0- Explanation: During the initial upload of expenditure data into the new SAP financial system, an expenditure was entered that exceeded available budget by $41. AGENDA ITEM-~ No. /'¢ ~-~ ~.~ MAR 2 5 2003 Pg., BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 25, 2003 FOR BOARD ACTION.: 1. MISCELLANEOUS ITEMS. TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: B. Districts: 1. The Ochopee Fire Control District Advisory Board - Minutes for January 13, 2003. C. Minutes: 1. Pelican Bay Services Advisory Board - Agenda for March 5, 2003, Minutes of February 5, 2003. 2. Collier County Planning Commission CORRECTED Agenda - March 6, 2003. Collier County Librar~ Advisor~ Board - Agenda for February 26, 2003. Development Services Advisory Committee - Agenda for March 5, 2003. Collier County Citizens Corps Advisory Committee - February 20, 2003. o 4. 5. Other: l) Collier Park Commerce Owner's Association -Notice of Annual Meeting of Members April 1, 2003, Minutes of December 13, 2002 H:Data/Format AGENDA ITEM MAR 2 5 ZOO3 pg. RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A DOCUMENT FOR SEVENTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS. ~ To seek consent from the Board of County Commissioners for a signatory approval letter for seventh year State Criminal Alien Assistance Program (SCAAP) grant funds. CONSIDERATION: On January 8, 2002 Board Chairman Jim Coletta designated Sheriff Don Hunter as the signing official and contact person for sixth year State Criminal Alien Assistance Program (SCAAP) funding. A letter signed by the current Board chairman is needed that indicates Board designation of Sheriff Don Hunter as seventh year SCAAP grant funds signing official. FISCAL IMPACT: Potential award of funds is for costs associated with incarceration of aliens. This would be an outright award with no required local match or other expenditure. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Board of County Commissioners approve the seventh year SCAAP grant signatory approval letter. pREPARED BY: APPROVED BY: Don ~ K. Kinze17 Finance ~irector ~ter~, s~~iff DATE: March 4. 2003 a: xs · scaap2003 AGENDAITEM Pc._ / 3301 East Tarniami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Cu.vle District 4 Jim Coletta District 5 March 25, 2003 SCAAP 2003 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW WashinGton, DC'20531 Re: DesiGnated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance ProGram(SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the siGninG official and contact person for application for SCAAP fundinG. Sincerely, Tom HenninG Chairman Collier County Commission a:ssdel7 AGENDA ITEM No. MAR 5 2003 pg. 2.. RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIG~IATE THE SHERIFF'S OFFICE AS THE ~OFFICIAL APPLICANT" OF THE UNITED STATES DEPARTMENT OF JUTICE, BUREAU OF JUSTICE ASSISTANCE, BULLETPROOF VEST pARTNERSHIP GRANT PRO~RA~, TO ACCEPT GRANTS WHEN AWARDED AND APPROVE APPLICam?.~ BurET AF~NTS' OBJECTIVE: To have the Collier County Commission designate the Sheriff's office as the -official applicant" for the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grant Program, to accept grants when awarded and approve applicable budget amendments. Considerations: 1. The Collier County Sheriff's Office has participated in grant programs for fifteen years. 2. This program is for the implementation of the Bulletproof Vest Partnership Grant, to be administered by the United States Department of Justice, Bureau of Justice Assistance. 3. The purpose of the Bulletproof Vest Partnership Grant Program is to provide matching funds for the purchase of bulletproof and stabproof vests to save the lives of law enforcement and corrections officers. 4. The Sheriff's office annually purchases new and replacement vests. 5. Vests are an officer safety issue. 6. The available funds for vests from Bulletproof Vest Partnership Grants reduce costs to local taxpayers. 7. The Bureau of Justice Assistance Bulletproof Vest Partnership Grant Program application is Internet based and must be completed online. 8. The formal "official applicant" of the eligible jurisdiction is allowed to apply for funding. 9. To streamline procedures and to save Board of County Commission time, to reduce paperwork and personnel time in -preparing executive summaries, an all inclusive request is being made for current and future grant applications and award procedures relating to the Bureau of Justice Assistance Bulletproof Vest Partnership Grant Programs. 10. Board authorization is needed for: .Sheriff's Office designation as the -official applicant" for the Bulletproof Vest Partnership Grant Program; for the County's Chief Executive Officer to respond to the Bureau of Justice Assistance's request to confirm the Sheriff's Office as the 'official applicant"; acceptance of grants when awarded; and approval upon awards of applicable budget amendments. 11. Grants are available in 2003 and are expected to be available in future years. AGENDA ITENJ., MAR 2 5 2.003 pg._ / _ FISCAL IMPACT: Fifty (50%) percent local matching funds are required. Such funds are available from the FY 2003 operating budget for new and replacement vests. New and replacements vests will be budgeted in future years in the general operating funds. Match costs will depend on the number of vests required, awarded, and purchased each fiscal year. The grant supports 50% of replacement costs. $21,600 is budgeted in FY 2003 for new and replacement vests. GROWTH MANAGEMEITT= Recurring costs will depend on the number and cost of vests purchased in future fiscal years. The cost will be projected each fiscal year and included in yearly budgets. Currently the Sheriff's Office budgets necessary vests for new and replacements vests. RECOMMENDATION: That the Collier County Commission hereby designate the Sheriff's Office as the "official applicant" for the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Partnership Grants, that the County's Chief Executive officer respond to the Bureau of Justice Assistance's request to confirm the Sheriff's Office as the "official applicant", to accept the grants when awarded, and approve budget amendments. . Crys~.~l K. Kinzel,'Finance D~ector APPROVED BY: D°n~unter'~herif DATE: March 3, 2003 jh/xs, bvp03 AGENDA ITEI~ No% MAR 2 5 2003 Pg._ 2. ITEM NO: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 4, 2003 To: Office of th~ County Attorney, Attention: From: Crystal K. Kinzel/'''i ~/~I~''''~---'~' , ( Name ) ~.._...- %---1' ©O V Re: Thomas Palmer, Es~, Finance Director (Title) Sheriff's Office Finance Division (Division) (Department) Bulletproof Vest Partnership Grant Prooram (Subject} BACKGROUND OF REQUEST/PROBLEM: (Describe 1Problem and give background information - be 3Decific, concise, and articulate]. Board approval is needed to designate the Sheriff's Office as the "official applicant" of Bulletproof Vest Partnership Grants. Since the application must be completed online and the County's Chief Executive Officer will be ~.sked by the Bureau of Justice Assistance(BJA) respond to an Email query as co this designation, Board approval is also being sought for the Board Chair' to respond to the BJA request. To streamline procedures to save Board time, to reduce paperwork and personnel time in preparing executive summaries, an all inclusive Board request is being made for the grant applications and awards procedures. Approval is also being sought for acceptance of the grant awards and approval, upon awards, of budget amendments. (Are there documents or other information needed to review this matter? If yes, attach and reference this information) · no THIS ITEM HAS/~ BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number. ) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. Legal approval of request. OTHER C~S ~ Don Hunter. Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. . MAR 2 5 2003 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED P~PORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from March 1, 2003 through March 14, 2003 serve a valid public purpose and authorize thc expenditure of County funds to satisfy said purchases. CONSIDERATIONS: TO ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period March 1, 2003 through March 14, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: Thc goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. f'/mfes L. Mitchell, CIA, CF , CBA Director of Finance and Accounting Reviewed Approved By, D~.~ohnssen ~ ~-G'eneral Accounting Manager Date: Date: MAR 2 5 EXECUTIVE SUMMARy APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 178 IN THE LAWSUIT STYLED COLLIER COUNTY V. BIG CORKSCREW ISLAND FIRE DISTRICT, ET AL, IMMOKALEE ROAD, PROJECT NO. 60018. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 178 for the Immokalee Road project in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02-2218-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 178 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $10,500.00 for Parcel 178 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, PAC of Collier County, Inc., will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit The Stipulated Final Judgment provides for $11,900.00 to be paid to Respondent, PAC of Collier County, Inc., as full compensation for the property rights taken as to Parcel 178, and $1000.00 to be paid to Ellen S. Maher, Esquire for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $2400.00 into the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable.  "~ISCAL IMPACT: Funds in the amount of $2400.00 are available from the Transportation Supported Gas Tax a~d Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and direct staff to deposit the sum of $2400.00 into the Court Registry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Ashton, Assistant County Attorney ,~ev~h~--I~"n~:l~s, R~)'-~'~isition Manager TransponaU' 'o~C~OW ~regg Strak~luse, P.E., Director Transpo~atio~CM No~eder, Administrator TraTpo~ation Division David C. Weigel, County A~mey Date: Date: ~"'~"/'--'~"~,~ h: LifiEmDomain\BigcorkscrewXExSum 178 gAR Z 5 2523 C0[JNTY ATT RN[ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUI - IN AND FOR COLLIER COUNTY, FLORII~] [~AR - 7 PH i: 2 9 CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2218-CA Parcel No.: 178 VS. BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, PAC OF COLLIER COUNTY, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 178, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, PAC OF COLLIER COUNTY, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, PAC OF COLLIER COUNTY, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Nine Hundred and No/100 Dollars ($11,900.00) for Parcel No. 178 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, PAC OF COLLIER COUNTY, INC., recei~ as a reasonable attorney's fee the sum of One Thousand and Noll00 Dollars ($ Pg. as provided herein, no attorney's fees or other costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel No. 178; it is further ORDERED that Petitioner shall deposit an additional Two Thousand Four Hundred and No/100 Dollars ($2,400.00} subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is fu~er ORDERED that disbursement of the total amount of Eleven Thousand Nine Hundred and No/100 Dollars ($11,900.00) shall be by further order of this Court; it is further ORDERED that the Clerk of this Court shall disburse the total amount of One Thousand and No/100 Dollars ($1000.00) to Ellen Maher, Esquire, Siket & Soils LLC, 1100 Fifth Avenue South, Suite 301, Naples, FL 34102-6416, for attorney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that pursuant to the County's construction plans, the driveway and parking plan depicted on SDP No. 99-116 will not be adversely affected by the acquisition of Parcel 178 and all future setbacks and landscaping requirements shall be in accordance with Section 2.1.13 of the Land Development Code; it is further ORDERED that fee simple title to Parcel No. 178, being fully described in Exhibit "A" attached hereto and inco~'porated herein, which vested in Petitioner pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3050, Page 1406 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 178; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore t.;-~'2~'~D~i~'g~;d ~ -- pg. I.~ day of DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Ellen Maber, Esquire Glen Tucker, Esquire SunTrust Woodfield Construction, Inc. NTAC JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully Stipulated Final Judgment as to Parcel No. 178. request this Court to enter the foregoing Dated: ~c,c--a~ ~,9 ~EX~ % ELLEN S. MAHER, ESQUIRE Florida Bar No. 0310300 SIKET & SOLIS, LLP 1100 Fifth Avenue South, Suite 301 Naples, FL 34102-6416 (239) 261-4673 - Phone ATTORNEY FOR RESPONDENT Dated: ItEIDI F. ASHTON, ESQUI ~R~ Florida Bar No. 0966770 COUNTY ATTORNEY'S OFFICE 3301 East Tamiami Trail, 8th Floor Naples, FL 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile ATrORNEY FOR PETITIONER ~-_,,~ .~,F~ ~ ?~,~. /R.A. NDALL. BOULEVARD ,,,~ ~,,,. .,.~ .. ... L _ _ __ I _ ~c: ~ L_, · , ~ ~ ,~ i~ ~' , _ I i~ I/ z_ to ~ ~ ,n · ' L., , O~ ~:~ -~ .0.-- O_ ' ~ 2. Basis of bearing I-". plat. ~ I U'}~O r urY u_~. ~ I O~ . z ~ ~ ~ real,arlene and r,strlcflons of ~ I ~ ~ ~ record. I ~ o j ~ 4. All dimension, ar. plat un,.ss o~h.rwlse noted. De.crlptlan: A portion of the Easf. edy One-half of Trust 54, Galden Gate E,i~t.., Unit 23. u~rdln~ to the plot t~.r~f Beglnn~g at Iai N~thw~t ~m~ of said Easterly One-half of Tract 54, ~ald point being ~he b~nlng of a cu~, c~ve No~hedy, ha~ng o radius of 2,914 93 f~t and a cantr~ ~e of 02~6'~; ~ce r~ Eaet~y. al~g the arc of lam ~r~ to ~e le~. ha~g ~ radlue of 2,014.93 feet, thigh a ~n~al an~l' 02~'00". ~bt~dod by a ~d of 108.e3 feet at q bearing of No~h 72'10'I4" East, f~ ~ arc length of 108.~ ~eet to ~e ~d of said cu~, and ~e ~tafllne of fiendall Beaird; thence Sou~ 89'~'~' East, a~ the Cent~e of Rand~l B~rd, for o ~.tmca of 17,51 f~t, to o ~t ~ a ~r~ cu~ aon~ N~th~y, ~oee ra~e po~nt be~. No~h 20'27'53' Weal a dlston~ of 4,358.1B feet ~em~om; thence W~tedy, ~ong ~e ~a of sam cu~ lo the rl~t, ha~g a r~.iua of 4,~88,18 feat, ~rou~ a cen~.l on~e of 01~7'31', subtended by a ~ord of 111,14 feet at a b~rlng of S~th 6B'48'22' Weal for ~ ~c length 111,14 feet to the end of ~d ~; thm=e ~u~ ~9'10' East, a dialan~ of 25,81 f~t. to . p~t an a air.ar ~, conca~ N~h~y, ~e radius polnt be~. Nor~ 20~9'31" Watt, u d~.noe of 4.~18 feet th~om; t~ce mn ~at~y, al~g ~e ~ of said cur~ to the right, ha~g . red~a of 4.390.15 thr~gh e ~nt~ ~e of 0~1'21', ~bt~d~ by a chard of 14.~ feet at a ~g of $~ W~t, f~ an ~ length of 14.~ f~t to ~e ~d of ea~d ~r~; th~ce North 00~8'10" E~,al~g th'e W~tefly B~y of the Easterly ~half of Tre~ 54, ~ a dFetance of ~.54 f~t, 1o .the ~ '~:. SKETCH AND DESCRIP~ 14AR Z 5 2003 WILKI$ON &: ~1~11"1~ ASSO C IAT.E S INC. am ENGINEERS, SURVEYORS AND PLANNERS 350e EXCHANGE: A~:. NAPLES. FLA. 34104 (g41) 643-2404 FAX NO. (941-)843-5173 FLORIDA BUSINESS' LICENSE NO, 1.B5770 W.O. NO. DRAI*4~/ BY J FILE NAME ! 00,,., AS NOTEOJ OGE 23 DAlE J SHEET t0/01 J 1 OF 1 EXECUTIVE SUMMARy APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 181 IN THE LAWSUIT STYLED COLLIER COUNTY V. BIG CORKSCREW FIRE DISTRICT, ET AL., CASE NO. 02-2218-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondent, Lee Davis, Tr., Decil C. Davis Family Trust ("Respondent"}, in the mount of $7,000, as full compensation, plus an additional amount of $1,000 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs, for the condemnation of Parcel 181, in Collier County v Big Corkscrew Fire District, et al., Case No. 02- 2218-CA. CONSIDERATIONS.:. On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 181 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $5,000 for Parcel 181 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner of this Parcel, Lee Davis, Tr., Decil C. Davis Family Trust, the sum of $7,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, plus an additional amount of $1,000 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claim for compensation. Respondent has thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit an additional $3,000 into the registry, and the total sum of funds on deposit, or $8,000, will be paid to Respondent and its counsel, by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $8,000 for Parcel No. 181, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. .~SC~ IMPACT:. unds in the amount of $3,000.00 are available in the FY 03 adopted budget. Gas Taxes and Impact Fees. Source of funds are GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service t AR 2 5 p~. Approve the expenditure of funds as stated; and Authorize $3,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondent; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. ~shton Assistant County Attorney ROW' Acquisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM Norn Tran ~eder, Administrator ,ortation Division D'avi~-C. Weigel,'County~ttomey Date: Date: _~ ..-/~.-'0-.~ Date: Date: Date: NO. IU LIAR 2 5 pg. "~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2218-CA Parcel No.: 181 VS. BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Respondents. NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 181 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondent LEE DAVIS, Trustee of the Decil C. Davis Family Trust. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished via regular U.S. Mail this __ day of March, 2003, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901 and to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Heidi F. Ashton Florida Bar No. 0966770 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner pg. 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2218-CA Petitioner, Parcel No.: 181 VS. BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Respondents. OFFER OF JUDGMENT TO: Lee Davis, Tr., Decil C. Davis Family Trust c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, LEE DAVIS, Trustee of the Decil C. Davis Family Trust, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, LEE DAVIS, Trustee of the Decil C. Davis Family Trust, arising out of the taking of Parcel 181, in the total amount of Seven Thousand and No/100 Dollars ($7,000.00), for Parcel 181, which includes the amount of $5,000.00 which was deposited pursuant to the Order of Taking dated September 5, 2002, plus an additional amount of One Thousand Dollars ($1,000.00), for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings. This sum does not include Respondent's reasonable costs pursuant to Section 73.091 F.S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: N~ HEIDI F. ASHTO Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this ~ day of March, 2003. HEIDI F. ASHTON, ESQUIRE EXECUTIVE SUMMARy, APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 186 IN THE LAWSUIT STYLED COLLIER COUNTY V. MANUEL ALVAREZ, ET AL., CASE NO. 02-2182-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Frank Ruffolo and Jeanine F. Ruffolo ("Respondents"), in the mount of $7000, as full compensation, plus an additional amount of $1,000 attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs, for the condemnation of Parcel 186, in Collier County v Manuel Alvarez, et al., Case No. 02-2182-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 186 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $5,000 for Parcel 186 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Frank Ruffolo and Jeanine F. Ruffolo, the sum of $7,000 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, plus an additional amount of $1,000 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claim for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $3,000 into the registry, and the total sum of funds on deposit, or $8,000, will be paid to Respondents and their counsel by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $7,000 for Parcel No. 186, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. \FISCAL IMPACT..'.. Funds in the amount of $3,000 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I. Approve the terms of the Offer of Judgment and authorize its service or 2. Approve the expenditure of funds as stated; and 2 5 ZOO3 Authorize $3,000 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. I-l*eidi F. Ashton Assistant County Attorney ROW Acquisition Manager Transpoaatiov./ROW Gregg ~trakaluse, Director Transportation/ECM REVIEWED BY: Norm/l~eder, Administrator Tran~ortation Division APPROVED BY: Date: __~1 I ~]03 NO. ! h I'~ MAR 2 5 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. Case No.: 02-2182-CA-HDH Parcel No.: 186 MANUEL ALVAREZ, et al., Respondents. NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 186 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents Frank Ruffolo and Jeanine F. Ruffolo. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished via regular U.S. Mail this __ day of March, 2003, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, and to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Heidi F. Ashton Florida Bar No. 0966770 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner MAR 2 5 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2182-CA-HDH Petitioner, Parcel No.: 186 VS. MANUEL ALVAREZ, et al., Respondents. TO: OFFER OF JUDGMENT Frank Ruffolo Jeanine F. Ruffolo c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, FRANK RUFFOLO and JEANINE F. RUFFOLO, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, RUFFOLO and JEANINE F. RUFFOLO, arising out of the taking of Parcel 186, in the total amount of Seven Thousand and No/100 Dollars ($7000.00), for Parcel 186, which includes the amount of $5,000.00 which was deposited pursuant to the Order of Taking dated August 27, 2002, plus an additional amount of One Thousand and No/100 Dollars ($1,000.00), for attorney's fees, excluding any attorney's fees ax .'sxn~u/q~)ir~i~4 ~.,' MAR 2 l supplemental proceedings. This sum does not include Respondents' reasonable costs pursuant to Section 73.091 F.S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking. The constmction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondents' review upon reasonable notice of such a request. Dated this __ day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER .A,G--':RD ~ M CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this ~ day of March, 2003. HEIDI F. ASHTON, ESQUIRE NO. IBC~ ~ MAR 2 § 2~93 P~. ~ EXECUTIVE SUMMARy APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 174 IN THE LAWSUIT STYLED COLLIER COUNTY V. MICH~4EL $. COMBS, ET ~4L,, CASE NO. 02-2315-CA (IMMOKALEE ROAD PROJECT #60018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondent, Michael S. Comb~, ("Respondent"), in the amount of $11,830, as full compensation, plus an additional amount of $1,000 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs, for the condemnation of Parcel 174, in Collier County v Michael S. Combs, et al., Case No. 02-2315-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 174 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $9,100 for Parcel 174 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner of this Parcel, Michael S. Combs, the sum of $11,830 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, plus an additional amount of $1,000 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess his claim for compensation. Respondent has thirty days from the date of mailing the offer to accept. If Respondent accepts, the County will be required to deposit an additional $3,730 into the registry, and the total sum of funds on deposit, or $12,830, will be paid to Respondent and his counsel, by Stipulated Final Judgment of the court. If Respondent rejects the offer, and fails to recover more than $11,830 for Parcel No. 174, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment:to be reasonable. .~ FISCAL IMPACT: Funds in the amount of $3,730.00 are available in the FY 03 'adopted budget. Gas Taxes and Impact Fees. Source of funds are GROWTH MANAGEMENT IMPACT:, None. RECOMMENDATION: 1. 2. That the Board of County Commissioners: Approve the terms of the Offer of Judgment and authorize its service on R Approve the expenditure of funds as stated; and MAI1 2 § 2003 Pg._ _~ 3. Authorize $3,730 to be paid into the Registry of the Court in the event the Offer Judgment is accepted by Respondent; and 4. Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. of SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: He,difF..Ast~h~.on-~ A~Attomey Transportation/ROW G~'egg'Strakaluse,~Director Transportation/ECM Nora Feder, Administrator Tran portation Division Date: Date: Date: Date: 3//3/~) / t APPROVED BY: David C. Weigel, CoUnty AttoCney Date: NO. _! ~ MAR 2 § 2O03 Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2135-CA Parcel No.: 174 VS. MICHAEL S. COMBS, et al., Respondents. NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 174 in the above-styled cause, and files this Notice of Service of Petitioner' s Offer of Judgment to the Respondent MICHAEL S. COMBS. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished via regular U.S. Mail this __ day of March, 2003, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901 and to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Heidi F. Ashton Florida Bar No. 0966770 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner 1,4AR 2 § 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. MICHAEL S. COMBS, et al., Respondents. TO: Case No.: 02-2135-CA Parcel No.: 174 OFFER OF JUDGMENT Michael S. Combs c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondent, MICHAEL S. COMBS, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent, MICHAEL S. COMBS, arising out of the taking of Parcel 174, in the total amount of Eleven Thousand Eight Hundred and Thirty and No/100 Dollars ($11,830.00), for Parcel 174, which includes the amount of $9,100.00 which was deposited pursuant to the Order of Taking dated August 27, 2002, plus an additional amount of One Thousand Dollars ($1,O00.O0), for attorney's fees, excluding any attorney's fees arising out of supp[emtg~. 1 _/~ ? ~[ t MAR 2 5 2003-- proceedings. This sum does not include Respondent's reasonable costs pursuant to Section 73.091 F.S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this __ day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER .... ,~GENDA ITEM, L{ NO.I~ I~ NAR 2 5 2003- CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Offer of Judgment has been furnished by U.S. M~il, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this day of March, 2003. HEIDI F. ASHTON, ESQUIRE AGENDA tTEN~I MAR 2 § 2003 EXECUTIVE SUMMARY. APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 185 IN THE LAWSUIT STYLED COLLIER COUNTY V. MANUEL ALVAREZ, ET AL., CASE NO. 02-2182-CA (IMMOKALEE ROAD PROJECT/160018). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032 Fla. Stat. to Respondents, Manuel Alvarez and Idayme Alvarez ("Respondents"), in the amount of $15,730, as full compensation, plus an additional amount of $1,923.90 for attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs, for the condemnation of Parcel 185, in Collier County v Manuel ,41varez, et al., Case No. 02-2182-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 185 for the Immokalee Road project (Project No. 60018). On September 12, 2002, Collier County deposited with the Registry of the Court the sum of $12,100 for Parcel 185 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Manuel Alvarez and Idayme Alvarez, the sum of $15,730 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, plus an additional amount of $1,923.90 attorney's fees, excluding any attorney's fees arising out of supplemental proceedings and costs. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claim for compensation. Respondents have thirty days from the date of mailing the offer to accept. If Respondents accept, the County will be required to deposit an additional $5,553.90 into the registry, and the total sum of funds on deposit, or $17,653.90, will be paid to Respondents and their counsel by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $15,730 for Parcel No. 185, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT,'.., Funds in the amount of $5,553.90 are available in the FY 03 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:. That the Board of County Commissioners: 1. Approve the terms of the Offer of Judgment and authorize its service on Respondents,'and "~ 2. Approve the expenditure of funds as stated; and I 2 Authorize $5,553.90 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Respondents; and Approve Stipulated Final Judgment based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Heidi F. Ashton Assistant Count Attorney ROW Acquisition Manager Transportation/ROW d?egg Strakaluse, Director Transportation/ECM Norm Fpder, Administrator Transp~6rtation Division APPROVED BY: Date: Date.( _~.~/~,.~~ ._ Date: AGENDA ii'EM MAR 2 5 pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. Case No.: 02-2182-CA-HDH ParcelNo.: 185 MANUEL ALVAREZ, et al., Respondents. NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 185 in the above-styled cause, and files this Notice of Service of Petitioner's Offer of Judgment to the Respondents MANUEL ALVAREZ and IDAYME SANTOS. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished via regular U.S. Mail this __ day of March, 2003, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, to Adam J. Kohl, Esq., 50 N. Laura St., Suite 3900, Jacksonville, FL 32202, and to E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146. Heidi F. Ashton Florida Bar No. 0966770 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Attorney for Petitioner AGENDA No. MAR 2 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2182-CA-HDH Petitioner, Parcel No.: 185 VS. MANUEL ALVAREZ, et al., Respondents. TO: OFFER OF JUDGMENT Manuel Alvarez Idayme Santos c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Plaintiff, COLLIER COUNTY, FLORIDA. pursuant to Section 73.032, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, MANUEL ALVAREZ and IDAYME SANTOS, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, MANUEL ALVAREZ and IDAYME SANTOS, arising out of the taking of Parcel 185, in the total amount of Fifteen Thousand Seven Hundred and Thirty and No/100 Dollars ($15,730.00), for Parcel 185, which includes the amount of $12,100.00 which was deposited pursuant to the Order of Taking dated August 27, 2002, plus an additional amount of One Thousand Nine Hundred Twenty Three and 90/100 Dollars ($1,923.90),_for AG:,EN D4)~FJF-M t4o. I(,I! MAR 2 5 attorney's fees, excluding any attorney's fees arising out of supplemental proceedings. This sum does not include Respondents' reasonable costs pursuant to Section 73.091 F.S. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking. The construction plans and specificatiofis for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of March, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTO~'~~ Florida Bar No. 0966770 ATTORNEY FOR PETITIONER NO. NAR Z 2003 P:. CERTIFICATION OF SERVICE I HEREBY CERTIFY that a tree and correct copy of thc foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901, on this__ day of March, 2003. HEIDI F. ASHTON, ESQUIRE AGENDA Il'EM t4AR 2 5 2003 I::'g. 6