The URL can be used to link to this page

Agenda 04/22/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 22, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR.THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 April 22, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Andrew Delong, Tree of Life Church 2. AGENDA AND MINUTES m A. Approval of today's regular, consent and summary agenda as amended. Parte Disclosure provided by Commission members for summary agenda.) B. March 19, 2003 - Special Meeting C. March 19, 2003 - Community Redevelopment Agency Meeting D. March 25, 2003 - Regular Meeting E. April 2, 2003 - District 5 Town Hall Meeting F. April 4, 2003 - Workforce Housing Workshop SERVICE AWARDS Twenty-Year Attendees: 1) Barbara Pedone, Communication and Customer Relations 2) Glenn Price, Parks and Recreation Twenty-Five Year Attendee: 3) Howard McFee, Community Development Services (Ex 4. PROCLAMATIONS A. Proclamation to proclaim the week of May 4 to May 10th for Be Kind to Animals Week. To be accepted by Jodi Walters, Director, Domestic Animal Services. Bm Proclamation to designate April 25 and April 26, 2003 as Collier County Government Days. To be accepted by Barbara Pedone, Communications and Customer Relations Administrative Assistant. 2 April 22, 2003 Proclamation to designate the Month of May as Elder Law Month. To be accepted by Jill Burzynski, Collier County Bar Association President and an Elder Care Law Practitioner. D. Proclamation to recognize the month of May as Civility Month. To be accepted by Collier County Attorney, David Weigel. Proclamation to designate May 2003 as Florida State Parks Month. To be accepted by Joe Howard from Collier-Seminole State Park, Greg Toppin from Fakahatchee Strand Preserve State Park and Robert Sieiger from Delnor- Wiggins Pass State Park. Proclamation to designate the week of April 20-26, 2003 as Rotary International Group Study Exchange Week. To be accepted by Leslie Cleaver, Rotarian Team Leader. 5. PRESENTATIONS A. Recommendation to recognize Connie Staples, Accounting Technician, Utilities Finance Department, as Employee of the Month for April 2003. B. Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. C. An oral report to the Board of County Commissioners on the results of an employee "Ethics Audit". (Jean Merritt, Interim Director, Human Resources) PUBLIC PETITIONS A. Public petition request by Mr. Gerald Burns to discuss excluding Kensington from the Livingston Road Beautification Phase II MSTU. B. Public petition request by Mr. Bryan Banks to discuss gun range located east of CR951 and north of Rattlesnake Hammock Road. 7. BOARD OF ZONING APPEALS Am This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2003-AR-3658, Beau Keene, P.E., of Keene Engineering, representing Maria Martinez, owner, requesting a 3.3 foot after-the-fact front yard setback variance from the required 15 feet leaving a 11.7 foot front yard for residential property located in the "E" estates zoning district, the property to be considered for the variance is located at 811 Everglades Boulevard at the northwest intersection of 8th Avenue NE and 3 April 22, 2003 Everglades Boulevard north, in Section 6, Township 49 S, Range 28 E, Collier County, Florida. This property consists of 1.64 acres and is located in Golden Gate Estates. 8. ADVERTISED PUBLIC HEARINGS This item to be heard at 1:00 p.m. An ordinance amending Section 130-3 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 83-35 {}1, relating to restricting trucks weighing over 5 tons from using the left lane on multi-lane roadways, except for passing or preparing to make a left turn; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Board consideration of the adoption of an ordinance creating the Naples Park Area Underground Power Line Municipal Services Taxing Unit; providing the authority; providing for the creation of the Municipal Services Taxing Unit; providing a purpose and governing body; providing for annual estimates of expenses; providing for ad valorem taxes; providing for the collection of taxes; providing for the duties of the County Manager; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Adopt the Collier County Industrial Pretreatment Ordinance including general discharge prohibitions of industrial waste; maximum concentrations allowed; use of interceptors (grease traps); and, service charges and fees. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Educational Facilities Authority. B. Appointment of member to the Collier County Health Facilities Authority. C. Appointment of members to the Housing Finance Authority. D. Appointment of members to the Industrial Development Authority. Appointment of members to the Water and Wastewater Authority. 4 April 22, 2003 F. Appointment of member to the Pelican Bay MSTBU Advisory Committee. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. H. A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. I. Discussion on employees and Commissioners Ethics Ordinance. (Commissioner Henning) This item to be heard at 1:15 p.m. Request the Board reconsider prior Board direction to staff to fabricate and install signs requesting trucks not to use engine brakes in and near residential areas. (Commissioner Halas) 10. COUNTY MANAGER'S REPORT Request by Melanie and Tim Beebe for waiver of variance petition fees for property located at 245 22"d Avenue NE, further described as Golden Gate Estates, Unit 23 East 180', Tract 50, in Section 27, Township 48 south, Range 27 east, Collier County, Florida. (Joseph K. Schmitt, Administrator, Community Development) B. Approve a work plan proposed by the Black Affairs Advisory Board. (John Dunnuck, Administrator, Public Services) Approve a Collier County landscape beautification master plan and funding; approve a level of landscape beautification for medians, retention ponds, and interchanges; adopt the Collier County Landscape Beautification Master Plan as policy for arterial and collector roadways. (Norman Feder, Administrator, Transportation Services) Item continued from the April 8, 2003 BCC MeetinR. Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. (John Dunnuck, Administrator, Public Services) 5 April 22, 2003 Adopt resolution opposing proposed Senate Bill No. 654 and House PCB BR 03-06 which have the potential to allow telephone companies unconscionable, unjustified rate increases and prohibits local governments authority to enforce cable franchise agreements with regard to services and quality of service related to broadband or information services. (Joseph K. Schmitt, Administrator, Community Development) 11. 12. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT Recommendation that the Board of County Commissioners approve a settlement of all issues concerning payment that have arisen between and among Collier County, the Clerk of Circuit Court and Kraft Construction Co., Inc. in connection with the construction of the North Naples Library. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve 2003 Tourism Agreement with the City of Naples for Tourist Development Special Event Grant, regarding the 2003 City of Naples Fourth of July Celebration, in the amount of $50,000. 2) Approval of proposed payment of nuisance abatement principal only for Resolution No's: 90-550, 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. 3) Approval of tri-party agreements for Sawgrass Pines and Saddlebrook Village Apartments. 4) Code Enforcement lien resolution approvals. 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase One". 6 April 22, 2003 6) 7) 8) 9) 10) 11) 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase Two". Recommendation to approve Commercial Excavation Permit No. 59.856/AR-3916 "Creative Homes Commercial Excavation", located in Section 21, Township 48 south, Range 28 east; bounded on the south by 31st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. Request to authorize the Chairman to execute a construction, maintenance and escrow agreement for Summit Place, Phase I. Approve a TDC Category "A" Grant Application and Budget Amendment in the amount of $16,000 for installation of gates at South Marco Beach Access Parking Area. To approve a budget amendment of $249,000 for the expenditure of funds from Fund 186-1mmokalee Redevelopment, for projects within the Immokalee Redevelopment Area. Companion Item to 17F: Approve FY03-04 (July 1, 2003 to June 30, 2004) Community Development Block Grant (CDBG) Program and Home Investment Partnerships Program (HOME) budgets and authorize FAH Department to hire one additional staff member to implement and administer the CDBG and HOME Programs. This item continued from the April 8~ 2003 BCC Meetinq. Recommendation that the Board approve $206,000 in additional funding to augment current appropriations for consulting and legal services from 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, Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and the Work Program for development of LDC to implement the Final Order Amendments to the GMP. B. TRANSPORTATION SERVICES 1) 2) 3) Approval of a resolution of the Collier County Board of County Commissioners requesting continual regional coordination efforts between the Collier County MPO and the Lee County MPO. Approve Change Order No. 4 in the amount of $10,152.75 to Better Roads, Inc., for the Livingston Road Project, Phase III, from Pine Ridge Road to Immokalee Road, Project No. 62071. Approve a budget amendment to transfer funds from the Urban Immokalee Basin Stormwater Master Plan Project (51013) to the Fifth Street Ditch Enclosure Project (51725) in the amount of $190,000. 7 April 22, 2003 4) 5) 6) 7) 8) 9) lO) 11) 12) Approve award of a construction contract to the lowest bidder, Better Roads, Inc. for the Transfer Road Improvements Project No. 69110 Bid No. 03-3453, in the amount of $580,945.70. Approve a budget amendment in the amount of $50,000 to establish a reserve fund in the MSTD Landscape Project Fund 112. That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC Paratransit and authorize the Chairman to enter into the agreement. Approve Change Order No. 4 in the amount of $22,751.76 to Ajax Paving Industries Inc. for the Goodlette Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. Approval of work order under Contract #00-3184, for the construction engineering and inspections services by HDR Construction Control Corporation, for Lakeland Avenue Bridge and Roadway Construction, Project No. 66042, in the amount of $147,277. Recommendation to approve the purchase of one (1) single engine street sweeper truck, per Bid #03-3485. This item continued from the April 8, 2003 BCC Meetin.q. Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an Indemnification Agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. Approve a change order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Approve Bid #03-3490, "Vineyards/Pine Ridge Installation and Award to Hannula Irrigation $68,111.41. Road Median Irrigation Inc." in the amount of 2) PUBLIC UTILITIES 1) Ratify the award of a work order to Mitchell and Stark Construction Company, Inc., for acid feed pump modifications at the North County Regional Water Treatment Plant, Project 70057, in the amount of $63,374. Approve Change Order 2 to Douglas N. Higgins Inc., for Port-Au-Prince Utility Replacement, Project 73060 and 70074, Contract 02-3367, in the amount of $3,000. 3) Approve a work order, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering Inc., for the annual monitoring of County/Naples beaches, Project 90004, in the amount of $93,825. 8 April 22, 2003 4) Approve budget amendments for the re-appropriation of funds within the o water and wastewater impact and user fee projects. 5) 6) Approve amendment to Professional Services Agreement with Water Resource Solutions related to aquifer storage and recovery of reclaimed water, RFP 99-2926, Project 74030, in the amount of $550,222. Approve a change order for an additional $9,750 in consulting fees to Public Resources Management Group (PRMG) for a Project Feasibility Report for refunding Utility System Revenue Refunding Bonds, Series 1994 with Series 2003 Bonds. D. PUBLIC SERVICES 1) Authorize termination for convenience of secondary concession location at Naples Branch Library under Contract No. 02-3334 "Library Coffee Bar Concession Agreement", with Paradise Consultants, Inc. 2) Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003-2004. 3) Approve budget amendment of $150,000 from General Fund Reserves to pay for expenditures incurred and anticipated as required by the Health Care Responsibility Act (HCRA). 4) Approve an agreement with Turbomecca Engine Corporation for helicopter maintenance in the estimated amount of $386,000 over a period of three (3) years. 5) Address wage and retention issues within Emergency Medical Services. 6) Approve a Resolution naming the Nature Trail at Barefoot Beach Preserve the Alice and Harold Saylor Nature Trail. E. ADMINISTRATIVE SERVICES 1) 2) 3) Approval to award Bid No. 03-3474 for the purchase of plumbing parts and supplies used in County repairs and maintenance estimating $57,000. Recommendation to award Bid No. 03-3468, pump and motor repair for County-wide maintenance of equipment to Naples Armature as primary and Horvath Electric as secondary in the estimated amount of $300,000. Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. 4) Recommendation to award Bid No. 03-3487, Supervisor of Elections Building (C2) renovations to Surety Construction Company in the amount 9 April 22, 2003 5) 6) 7) 8) of $605,182 and approve a budget amendment in the amount of $163,536 to finish the Supervisor of Elections move along with the Clerk of Courts 5th and 6th floor renovations. Approval of a first amendment to lease agreement with Congressman Porter Goss to extend his office space lease for two additional years at total revenue of $20.00. Recommendation to approve and implement a procedure for reporting and ratifying staff-approved change orders to Board-approved contracts. Approve Change Order No. 5, Contract #00-3070, design of the Development Services Building Addition and Parking Garage, to Barany Schmitt Summers Weaver and Partners, Inc., in the amount of $9,000. Approve surplus of a 1996 Freightliner Medic Master Ambulance and donation to the City of Naples. F. COUNTY MANAGER 1) 2) Approval of Budget Amendment Report-budget amendment #03-253 for $500 to pay for outstanding electric bills and for the remainder of the fiscal year. Approve Hold Harmless and Indemnification Agreement from Montelena Developers Inc., and the Montelena Condominium Association for the benefit of Collier County and for any claims resulting from the construction and use of an electronic gated entry by Montelena Developers Inc. AIRPORT AUTHORITY 1) Approve a budget amendment for $50,600 to complete the Immokalee Industrial Park Improvement Project 33327. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed 10 April 22, 2003 2) Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula Grant Program. K. COUNTY ATTORNEY 1) Approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of parcels 102A, 102B, 102C and 103 in the lawsuit styled Collier County v. 520 Fifth Avenue Company LP, et al., Case No. 02-1766-CA (Livingston Road, Project No. 62071). 2) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 177 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). 3) Request for the Board of County Commissioners to authorize Cinco de Mayo Annual Festival to be held at the Immokalee Airport, including sale of alcohol and waive the sixty-day application period. 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 QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. SE-03-AR-3928, an Ordinance amending Ordinance 02-47, the ASGM Business Center of Naples PUD to correct a Scrivener's Error resulting from the unintentional omission of the conceptual PUD Master Plan in the transmittal copy of the .adopted PUD to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 10, Township 51 south, Range 26 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. CU-2002-AR-2866 Mario Valle of Creative Homes, requesting a conditional use in the "E" Estates Zoning District per LDC Section 2.2.3.3.7, to allow a lake excavation on 5.0 acres located at 4225 31`t Avenue NE and 4235 31,t Avenue NE, further described as Tract 73, 11 April 22, 2003 Golden Gate Estates Unit 67, in Section 21, Township 48 south, Range 28 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2002-AR-3191, Dawn Winters, requesting a variance from the required setbacks for the front yard and both side yards for property located at 112 Moon Bay Street, further described as Lot 112, Port-Au-Prince subdivision, in Section 15, Township 51 south, Range 26 east, Collier County, Florida. DJ This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. Petition AVPLAT2003-AR3774 to disclaim, renounce and vacate the County's and the Public's interest in two portions of the drainage easement located in Tract "A", according to the plat of "Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation drainage easements within said Tract "A", located in Section 13, Township 49 south, Range 25 east. This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. RZ-2002-AR-3539 Vincent A. Cautero, AICP, of Coastal Engineering Consultants Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from "A" Rural Agricultural Zoning District to "RSF-5(3)" Residential Single-Family Zoning District to allow a maximum of 31 lots to be developed as a residential subdivision with some percentage to be set aside for affordable housing units. This property consists of 10.3+ acres; this area may be added to a 26.4- acre subdivision that was approved for a maximum of 79 single-family home sites that is located immediately to the north. The subject property is located at 10401 and 10407 Greenway Road, in Section 12, Township 51 south, Range 26 east, Collier County, Florida. FJ Companion Item to 16 (A) 11: A resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2003- 2004 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grants (CDBG) and Home Investment Partnerships (HOME) Program, authorizing necessary certifications, approving execution of CDBG Sub-Recipient Agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and 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. 12 April 22, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 22, 2003 Item 5 B - Continue to M ay 1 3, 2 003 B CC M eetin_cl: Presentation by F ire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. (Petitioner request.) Item 9H: (Copy of Resolution was omitted from original executive summary.) Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. (Staff request.) Move Item 16.A.7 to 10F: Recommendation to approve Commercial Excavation Permit No. 59.8561AR-3916 "Creative Homes Commercial Excavation", located in Section 21, Township 48 south, Range 28 east; bounded on the south by 31st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. (Commissioner Fiala request.) Correction to Item 16.A.11 - Under "Considerations" should read, "... and an increase in CDBG program funding from $2,159,000 to $2,778,000". (Staff request.) Item 16.B.1 third Dara.qraph, first line should read: "coordinate" not "coordination". Withdraw Item 16.D.2: Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003-2004. (Staff request.) Move 16.D.5 to 10H: Address wage and retention issues within Emergency Medical Services. (Commissioner Coyle request.) Continue Item 16.B.10 to May 13, 2003 BCC meetin_cl: (This item was continue from the April 8, 2003 BCC meeting). Recommendatiun that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an Indemnification Agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. (Petitioner request.) Continue Item 16.E.2 to May 13, 2003 BCC meetin_cl: Recommendation to award Bid No. 03-3468, pump and motor repair for County-wide maintenance of equipment to Naples Armature as primary and Horvath Electric as secondary in the estimated amount of $300,000. (Item continued as staff received a notice of intent to protest.) Move Item 16.E.3 to 10G - Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. (Staff request.) Correction to Item 17F: (Companion item to 16.A.11) Replacement pa.qe for "Exhibit A" to correct fund amounts. (Staff request.) Note: This should be read into the record before approval of the consent agenda: Item 16.A.3 - The two referenced Exhibit "A"s with legal descriptions were not included in the public agenda package and are now made part of the public record. WHL=REA$, WHEREAS, PRO~A~A TZON trio# i~ FLORIDA TOff HENNXN~, ~'HAZRI~fAN A TTEST: ~Vlqb'REA$, Collier Coonty a¢#v~ly I~eticilxrO~ in the celebeotio~ of County WHb~EA$, the ewnt is com~te8 at the ~m~ CenteP blall; WHEREAS, and hopes to meet the ¢ballo~jea by IpOVi#i~g oxceph'o~ol sept6ce to its res/dents; and, this event affon~s the County Me o~pPtunity to im. Po.~se allows the Coonty to sho~ase its employees ao~ ~be lmide ar~ ppo£essionalism they display in their ink; and, FVHEREA$, most o£ the this ~VHEREAS, this.~~ro gives ~ed as ~l~P ~ ~ment ~NE AND OR~ ~S PP~ ~y of eeppe~ented at this e~ent; information durin9 and, to open and , C.ot~m issioners of '2005 be '.OI~TDA TO/,f HENNXN~, CHAXRbfAN Uo.~ 1I~ B . APR 2 2 2011, P~O~LA&~A TXON WH~EA$, Afl=in steiw to i~foem alder ?lor4di=n~ =nd to m=ke them the to =ge, r~quirin9 n~eds: =nd. WHEREAS. OONE ANO ORDERED T't.ff$ CO~_ ! ~'~ COUIW¥. FLORZDA TOM H~N~, CHIL~RI~AN AG~ND~.,..ITEM No. ~ _ APR 2 2 2003 Pg' [ open exc~jqe of public ~tic system af ~over~ent; and, as a cm.ner~"lone of demoo.acy Ame"icans have o~served ce'rain ru~s of beha~o~ generally known as till/fy; and. ci~'lity, denYed f~o~ fie l~h'n wor~$ "ci~tas' meanin~ city and "ci~$' me~nimj ?JHze~ behm4m, woef~y of cih'ze~ li~cj in a community o~ in common m#h ofhe~s; on~, WHEREAS, dJspl~ of cm~er, ruckne.~, ridicule, Jmp~l~k~ce, ~ a lock of ~.spect and personal a~acts detract f~om fi open exchonc.~e of idea~, ~wnt fait discassion of the is.~$, and con discou~a~ indivJdunl$ fearn pm-h'cipetion in ~owenment; an~, civility can on diver~e issue~ and and, WHEREAS, in 'pleasant t~ Iiv~ of 7'he NOW t~ard each other. DONE AND ORDERED -2003. BOARD OF COUtV"r~ CO! ! rER COUNT-Y, A TTE$7-: DW2'~/T E. 8ROCff, cT.E'RK .... AGENDA ITEH .o._ APR 2 2 2003 Pg._ \ P~O~£ A~A T~OIV WHE~EA~, WHEREAS, WHEREAS pei~in~ I~a~b; all ~n~ in m~lanfial ~bancmnm~ o£ ~ ~al#y o~ li£~ ~oe our ¢itiz~P-$; and, 14,'HE~E,,,I$ tl~ ~l~i~l~t of 435 full- *llo~ Fion'de'.s citizens and ~ou~rly, FIm'id=, and fo di~u ~fa~ FIo~dian~ ~ultu~al t~..itage ~ futun~ g~..nen~ons of 'ab~t FIo~'~a~ unique n~l ~ DONE AND ORDERED Tl-ff~ Z~d ~/ of Alii, ~005. AT-rEST: APR 2 2 200~ WH&-REA$, WHEREA.,'~, PRO,LA&fA T.~ON we welcome the Rot~y Z~ter~/ ~ Study Excheege Teem ~ Rot~y Z~h'o~el DistMct g&~O, AusW~lia to Collier Ceu~y, ?Ior~=; =ed, the Ro~ar~ Foundadan of Rotar~ _rrrmrm~h'owd ~rr'oup Exchange Prwgrwm has sent to us a team of six Team including L~sley Cleever, the Ro=ien Team Leader who ~sitin~ ~llJer Counh/ to s~ ~u~ institutions and way of life; en~, the teem member~ will also observe the practice of their prafe~dons and the team lifestyles as they ~t 9iven NOW of DONE AND ORDERED WEEK BOARD OF COUNTY CO! ! tER COLIN~Y, Pt. OI~DA A T"~$T~ TOM HENN~N&, CHAII~f4AN DW'Z~HT E. BROC'ff, CLERK APR 2 Z 2003 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE CONNIE STAPLES, ACCOUNTING TECHNICIAN, PUBLIC UTILITIES OPERATIONS, AS EMPLOYEE OF THE MONTH FOR APRIL 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: Connie Staples has kept our Financial Department going through several personnel changes and S.A.P. introduction. The Financial Department lost two full-time employees during a 9-month period. During this time period, Connie spent many, extra long hours paying the Division's bills, supplying the Water and Wastewater plants with the chemicals needed and ensuring that the Division's accounts payable processes were on track. She trained three temporary employees in aspects of the vacant positions until permanent replacements were in place. She also instructed/trained/mentored the new hires. All this, while going through year-end closing, gearing up for the new financial system introduction and bulldozing through 4 weeks of unpaid bills after the new system came on- line. During this time period, Connie unfailingly kept her cool, answered dozens of questions, sometimes repeatedly, also making numerous suggestions to improve our workflow. Connie also took it upon herself to mentor the Water and Wastewater plant personnel in the new financial system processes to ensure continuity for the Division. Public Utilities financial department runs exceptionally well due to Connie's unfailing attention to detail and devotion to doing a job right the first time. Connie can always come up with a solution to a problem. 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 Connie Staples, be recognized as the "Employee of the Month" for April 2003. PREPARED BY: ~1~ ~ DATE: Dawn Ragone, A~t~inistrative Assistant H,~uman Resources Depa.rt~ent ~ Jean Merritt, In~eri~ birector Human Resources Department APPROVED BY: ~.~? r S~'~ C~mp, Interim ,~,~ministrator Administrative Services AGEI',!DA'~EM / PR 2 200 COLLIER COUNTY MANAGER'S OFFICE April 8, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Donald R. Peterson Fire Chief Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116-6901 Dear Chief Peterson: In response to your request to make a presentation to the County Commission regarding the installation of speed bumps, calming devices and pre-entry treatments on our roads, you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 22, 2003. We ask that you limit your presentation to thirty minutes. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you have any questions, please do not hesitate to contact this office. Very truly yours, County Manager JVM/jb cc: Tom He,nning, Chairman BCC APR 2 2 200:9 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY o NAPLES, FLORIDA 34116-6901 (239) 455-2.121 ,, FAX (239)455-7917 March 7, 2003 James Mudd, County Manager 3301 East Tamiami Trail Building F Naples, FL 34112 Subject: Request for inclusion on the Coumy Commission Agenda Dear Mr. Mudd, I have been asked by the Fire Steering Committee to make a prmentation to the County Commission regarding the instaffiation of speed bumps, calming devices and pre-entry treaZments on our roads. Specifically, I wish to discuss problems rela~ed to emergency vehicle responses incl, dlng personal injuries and mechanical problems that have occur~ -as the result of installation of speed bumps in neighborhoods. A PowerPoint slide show will accompany my remarks. Thank you for your consideration. Respectfully, · Donald R_ Peterson Fire Chief cc: County Commissioner Tom Henning APR 2 2 200 EXECUTIVE SUMMARY A REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON THE RESULTS OF AN EMPLOYEE "ETHICS AUDIT" OBJECTIVE: Dr. Leonard Firenz of International College will present a report to the Board of County Commissioners regarding the results of an employee "Ethics Audit" survey. CONSIDERATIONS: On April 23, 2002 the Board of County Commissioners endorsed the idea of an employee "Ethics Audit" to be performed by Dr. Leonard Firenz of International College. A survey instrument was subsequently developed and distributed to all County employees to complete. In addition, interviews were conducted with representatives from ten different County departments. Participants in these interviews consisted of the department director and one subordinate employee. Dr. Firenz has completed the audit and is prepared to present the report to the Board of County Commissioners at today's meeting. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners accept the "Ethics Audit" report prepared by Dr. Leonard Firenz. SUBIVIITI'ED BY: J~an Mer~tt, I~te~im-Director Human Resources Date: APPROVED BY: Skip Camp, Interim Administrator Administrative Services Date: AGENCA iTeM No._ APR 2 2 2003 Pg. / COLLIER COUNTY MANAGER'S OFFICE April 8, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Gerald Bums, Vice Chairman Kensington Park Master Association 2501 High Court Naples, FL 34105 Re: Public Petition Request to Discuss Excluding Kensington From the Livingston Road Beautification Phase II MSTU Dear Mr. Burns: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of Apdl 22, 2003, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concem and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Builcl~ng "1-") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County Attorney KENS~GTON PARK MASTER ASSOC. TRANSITION COMMIT'I~E(I~MA T/C) GERALD BURNS, VICE CHRM. APR - ? 2003 Pt ICIN E-23'1.-'134-7~}2 I April 4, 2003 MILJAMF~ MUDD, MANAGER COLLIER COUNTY 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 WE ARE REQUESTING TIME BEFORE THE BOARD OF COUNTY COMMISSIONERS TO PRESENT A PUBLIC PETITION TO EXCLUDE KENSINGTON FROM THE LIVINGSTON ROAD BEAUTWICATION PHASE H MSTU. WE HAVE EXCEEDED OUR 50% +1 REQUIRE~T. PLEASE ADVISE. GERALD BURNS,VICE CHRM.(KPMA T/C) CHA$~(KPMA T/C~~)'' COLLIER COUNTY MANAGER'S OFFICE Apdl 8, 2003 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Bryan Banks 4680 Winged Foot Court, Unit #103 Naples, FL 34112 Re: Public Petition Request to Discuss Gun Range Located East of 951 and North of Rattlesnake Hammock Road Dear Mr. Banks: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 22, 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 government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager JVM/jb cc: David Weigel, County ,~,ttomeY APR 2 2 County Manager Collier County Florida De. ar April 4, 2003 We would like the opportunity to present our petition to the Collier County Commissioners concerning the gun range located East of 951 and North of Rattlesnake-Hammock. Attached is a letter to Donna Fiala and copies for the other commissioners. Also enclosed is the original petition signed by residents of Naples Lakes Country Club. Due to several of our residents leaving in the next few weeks we would like to make our presentation to the Commissioners on the meeting which is to be held on April 22, 2003. Sincerely, Bryan Banks 4680 Winged Foot Court Unit 103 Naples, Florida 34112 Phone 239-775-7921 APR 2 2 :3 Donna Fiala Commissioner, District 1 Collier County Board of County Commissioners 3301 Tamiama Trail East Naples, Florida 34112 April 2, 2003 Dear Mrs. Fiala, Enclosed are the signed petitions from the Naples Lakes residents requesting that the fu-ing range on east 951 be relocated to a rural, more secluded area. I would like to summarize this situation for you and the other commissioners from the Naples Lakes residents standpoint and mention briefly discussions with the First Assembly Ministries concerning similar issues. First, I would like to say that we are not against having a ruing range for those gun owners who wish to use it, but it should be relocated to an area that does not affect residential living. We recognize that the fn-ing range was located at its present location prior to the building of our development and the First Assembly Ministries. However, with any rapidly growing community such as Naples appropriate land use changes over time as has been the case many times in Naples. This is another of these situations. The firing range was located in an appropriate location for several years but with the growth of residential development in its proximity that is no longer the case. The following are the facts about the issue and points that we believe support the case for moving the fu4ng range: There are two ranges; one a range available for public rental with posted hours and a private lighted range that is available for use at any time they desire. Contrary to some inco,rrect information the Sheriffs Dept. does not use this range for training. The firing range is on property that is being rented and the use of this land as a firing range is definitely affecting the quality of life of residential land owners. Other land could be secured on a rental basis where the recreational enjoyment of the gun owners does not affect the quality of life of several hundred property owners. The gun range i~ used for very high powered hand guns and rifles, including fully automatic dries [machine gun] that are fired starting at 6:30 a.m. and going past 9:00 p.m. and alcohol is being consumed at the firing range. To those who would say that the people who purchased property should have "checked out the gun range" prior to buying their property, that sounds good but this is not the reality of the situation. Pd~r living here for several months, a person could have visited the Nan__le~_ APR 2 2 20O3 development and even gone by the gun ranges five times and never encountered the problem. This is due to the sporadic hours. Some days gunfire may go from 6:30 mm. to 8:30 a.m. and then not happen again until 7:00 p.m. Or, there will be no gun fire for two days and then it could be followed by gun fire throughout the day for three straight days. There are residents who have experienced emotional distress due to the gun discharges. I have talked with Pastor Mallory of First Assembly Ministries multiple times about the gun range and included a letter from him in this regard. Unfortunately, Pastor Mallory did not express the degree of his concern in his letter that he did in our conversations. I believe thi.q is predominately due to a desire to keep a low profile on anything that might be controversial. In those conversations, Pastor Mallory indicated that in addition to the Church activities, First Assembly MinisU'ies is and will increasingly in the future provide housing and support to unwed mothers, people dealing with alcohol addiction, and individuals recovering from substance abuse. Some of their housing will basically back up to the gun range. It is obvious that none of these people should be exposed to loud gun fire on a regular basis. In addition, he has had people report that on some occasions bullets ricochet and they have heard them whiz by. It is surprising that the land owner and others who have been associated with keeping the gun range in this location are willing to accept the liability responsibility associated with preserving this potentially dangerous situation. We believe that residential projects should not be adjacent to or near property on which a gun range is occupied- as high power guns, alcohol and residential areas just don't belong together. Naples Lakes Country Club is a 500 acre two hundred million dollar development. Had this issue been a requirement for resolution prior to the approval of rezoning to residential you can be assured that the land owner or developer would have made arrangements to relocate the two acre gun range located on rented property. We are asking that action now be taken to correct this situation and that the gun range be given until August 1, 2003, to relocate to another location. cc: Collier County Board of Commissioners Mike Taylor APR 2 2 2[ 3 Calling Collier County m Chnst through the Gr~at Commission and the Great Commandment to all people, at all t~mes, by all means. Home of: · Praise FM 89.5 · Campus of Care - A ministry, to the Homeless, Addicted, Abused and Unwed mothers FIRST ASSEMBLY MINISTKIES ~. D~id,~hlloO,.. Senior Pazto; 3805 The Lord's Way Naples, Florida 34114 (239) 774-1165 Fax (239) 774-0538 March 21st, 2003 To whom it may concern; We are the property owners t~ the West of the rifle range. The sound level is quite high especially when the automaUc rifles are being shot. We wish to remain good neighbors and only want what would be best for all concerned. APR 2 The following is a petition to Collier County Comnusmoner s. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance' 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their property. Signed- The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states "Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 mm. and can continue to after 9:00 p. m. We are not against having a firing ', use i- however, we are requesting that_.th~e s_~h~_~_ ~_,. for those who w~sh to , t; ._. __. :_ --,-Oict with people enjog'&~-~ range . APR: 2~25'"2 range be relocated to an area where tt ~s nut jla ~,,~- - property. Si_~ed- Address The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on 'the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their property. Signed- APR 2 The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their property. _S.i.gned- Address The following is a petition to Collier County Commissioner's. property. Signed- We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimemial to life, health, and enjoyment of his or her property." We are being adversely disturbed by the fLring range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting th-a' i~fff~i~,- range be relocated to an area where it is not in conflict with people enjoY~g~eir The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance-2000-68 it states "Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoymem of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their property. Signed- Ad&ess APR The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the 'firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their prol:~rty. Address The following is a petition to Collier County Commissioner's. We the under signed are residents of Collier County residing in Naples Lakes Country Club. Under county ordinance 2000-68 it states" Whereas, it is hereby declared to be the public policy of Collier County that every person is entitled to sound levels that are not detrimential to life, health, and enjoyment of his or her property." We are being adversely disturbed by the firing range located on the east side of 951. Besides small caliber target practice, the firing range is used for high caliber weapons that are very loud and disturbing. The gunfire at times starts at 7:30 a.m. and can continue to after 9:00 p. m. We are not against having a firing range for those who wish to use it, however, we are requesting that the shooting range be relocated to an area where it is not in conflict with people enjoying their property. Signed- // EXECUTIVE SUMMARY VA-2003-AR-3658, BEAU KEENE, P.E., OF KEENE ENGINEERING, REPRESENTING MARIA MARTINEZ, OWNER, REQUESTING A 33 FOOT AFTER-THE-FACT FRONT YARD SETBACK VARIANCE FROM THE REQUIRED 15 FEET LEAVING A 11.7 FOOT FRONT YARD FOR RESIDENTIAL PROPERTY LOCATED IN THE "E' ESTATES ZONING DISTRICT. THE PROPERTY TO BE CONSIDERED FOR THE VARIANCE IS LOCATED AT 811 EVERGLADES BOULEVARD AT THE NORTHWEST INTERSECTION OF 8TM AVENUE NE AND EVERGLADES BOULEVARD NORTH, IN SECTION 6, TOWNSHIP 49 S, RANGE 28 E, COLLIER COUNTY, FLORIDA. THIS PROPERTY CONSISTS OF 1.64 ACRES AND IS LOCATED IN GOLDEN GATE ESTATES. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced variance petition and render a decision regarding the variance petition. CONSIDERATIONS: The applicant is requesting an after-the-fact variance in the "E" Estates zoning district from the minimum required 15 foot front yard setback along 8th Avenue NE, (south boundary), to allow an 11.7 foot front setback for a single family home is currently under construction. The amount of variance requested is 3.3 feet. The petitioner wishes to be allowed to keep the home that is under construction on the site without being required to modify it to conform to the required yard setbacks. According to the site plan, the structure will meet all other required yard setbacks. The setback encroachment was discovered when the spot survey was submitted to the County. The setback encroachment appears to have resulted from several errors. The County issued a building permit to allow construction of a home shown on a site plan with a 12.8-foot setback instead of the minimum required 15-foot setback. Compounding that oversight, a survey stake was mistakenly placed 1.1-foot too close to the right of way. The petitioner now seeks to legitimize the two errors and allow the home to legally exist on the lot as constructed. Staff has analyzed the guidelines associated with the variance request, and has determined that although there is no land-related hardship associated with this variance, there are several ameliorating factors: the 100 foot separation distance from the closest home; and the initial approval of the building permit by the County. In addition, the subject property owner would be the most affecte,, property owner of any negative impacts associated with the home's location nearer the roadway. Approval of the variance to provide relief will be in ham~ony with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Petition VA-2003-AR-3658; Maria Martinez; Executive Summary Page 1 of 3 FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (LAC) RECOMMENDATION: The LAC did not review this petition because the LAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission heard this petition on April 3, 2003. Mr. Budd made the motion to forward petition VA-2003-AR-3658 with a recommendation of APPROVAL WITH CONDITION #1 ONLY; Mr. Abernathy seconded the motion. Mr. Adelstein objected. The motion passed 7 to 1. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends approval of the request subject to the following condition: 1. The variance granted is limited to a 3.3-foot front yard encroachment along 8th Avenue NE as depicted and more particularly described in the applicant's site plan stamped "Received January 30, 2003." This site plan is included as Exhibit A. Petition VA-2003-AR-3658; Maria Martinez; Executive Summary Page 2 of 3 APR 2 2 2003 PREPARED BY: KAY I~SELEM, AICP PRINCIPAL PLANNER DATE REVIEWED BY: .~'rUSAN MURRAY, AICP CURRENT PLANNING MANAGER DATE MARGAREJr~ERSTLE, AICP PLANNINGffERVICES DIRECTOR APPROVED BY: DA~FE J ENVIRONMENTALDY "~'/~'~ SERVICES ADMINISTRATOR Executive summary/V A-2003-AR-3658 Petition VA-2003-AR-3658; Maria Martinez; Executive Summary Page 3 of 3 APR 2 2 2003 AGENDA ITEM g-F MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION CURRENT PLANNING SECTION; PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION March $, 2003 SUBJECT: PETITION VA-2003-AR-3658 AGENT/APPLICANT: AGENT: Beau Keene, P.E. Keene Engineering 1199 First Avenue, South Naples, FL 34102 APPLICANT: Mafia Martinez 3210 60* Street SW Naples, FL 34116 REQUESTED ACTION: The applicant is requesting an after-the-fact variance in the "E" Estates zoning district from the minimum required 15 foot front yard setback along 8th Avenue NE, (south boundary), to allow an 11.7 foot front setback for a single family home is currently under construction. The amount of variance requested is 3.3 feet. GEOGRAPHIC LOCATION: The subject property is located at 811 Everglades Boulevard, North, Golden Gate Estates, Unit 76, South 105 feet of Tract 143 in Section 6, Township 49 South, Range 28 East Collier County, Florida. PURPOSE/DESCRIPTION OF REQUEST: The petitioner wishes to be allowed to keep the home that is under construction on the site without being required to modify it to conform to the required yard setbacks. According to the' site plan, the structure will meet aH other required yard setbacks. The setback encroachment was discovered when the spot survey was submitted to the County. The setback encroachment appears to have resulted from several errors. The building permit to allow construction of a home shown on a site plan with a 12. instead of the mioimum required 15-foot setback. Compounding that oversight, a was mistakenly placed 1.1-foot too close to the right of way. I II Pe~Jon VA-2003-AR-3658 CCI=C Dste: ~ 3. 2003 Page 1 of ? L~6 I, G6 APR Z Z 2003 The petitioner now seeks to legitimize the two errors and allow the home to legally exist on the lot as constructed. The lot is a corner lot, therefore all sides of the lot adjacent to streets are to be considered frontage and structures must adhere to street frontage setbacks along the two front lot lines, pursuant to LDC Division 6 quoted below: Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double- _frontage lots exist, the required front yard shall be provided on both street¥ except as otherwise provided for herein. [underlining added for emphasis] The LDC addresses minimmn yard requirements within the Estates zoning district in LDC Section 2.2.3.4.3.1-3. stating: Front yard. 7.5 feet, except in the case of Conforming corner lots, in which case only one full depth setback shall be required, along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, _front. [underlining added for emphasis] This lot does not conform to the minimum lot width or area requirements, i.e., it is a legal nonconforming lot of record, thus the definition quoted below prevails (LDC 6.3): Yard, front:... .... In all zoning districts, the full depth from yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (Estates) zoning district, the setback requirement for the remaining front yard(s) shall not be reduced by more than 50 percent of the full front yard setback requirement for that district, exclusive of any road right-of- way or road right-of-way easement. Additionally, in the E (Estates) zoning district only, the setback requirement for the remaining front yard{s): {i) shall not be reduced to less than 15 feet, and (ii) shall not include any road right-of- way or road fight-of way easement within the reduced front yard. [underlining added for emphasis] The site plan provided shows compliance with the full depth front yard requirement along the s!-orter lot line, but the petitioner's home does not meet the 15 foot minimum yard requirement along the longer street setback. The Collier County Land Development Code (LDC) Section 2.2.3. sets forth the following in the Purpose and Intent of the Estates zoning district: The purpose and intent of the estates district (E) is to provide lands for 1~~~--'-~~ density residential development in a semi-rural to rural environment, vlith n~_ :..a--t;- I limited agricultural activities. In addition to low density residenlial APR development with limited agricultural activities... Petition VA-2003-AR-3658 CCPC Date: ~ 3, 2003 Page 2 o~ 7 The proposed variance is not in conflict with the purpose and intent of the Estates zoning district. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East- South - West - single family home, under construction, zoned Estates single family home, zoned Estates Everglades Boulevard, undeveloped Estates zoned tracts 8~ Avenue, NE, then vacant Estates zoned land undeveloped tract, zoned Estates GROWTH MANAGEMENT PLAN ,CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. This land use category is described in the GMP as follows: The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural .... :'~ .... :-' Farcels (2.25 acres as an average) essentially consisting of the Golden Gates Estates Subdivisior~ Policy 4.1 of the FLUE notes that a Golden Gate Area Master Plan is in effect for this area as well. The Golden Gate Area Master Plan places the subject property within the Golden Gate Estates area, which: is characterized by Iow density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2. 25 acres in size. However, there are some legal, non-conforming lots as small as I. 14 acres. The Golden Gate Area Master Plan and the Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow construction of a single-family home, which is an authorized use in this land use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archacol(gical probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT'... Approval of this variance request will have no effect on infrastructure, environment. PetWon VA-2(X)3-AR.-3658 CCPC OMe: Apdl 3, 2003 PiCe3 of 7 ANALYSIS: Section 2.7.S of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No. A house of this size could have been configured to fit on this lot. bg Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted, the County bears some responsibility because County staff approved a permit that showed an incorrect setback. The contractor then set the survey stake incorrectly compounding the County's error. The property owner was not involved in either of those issues, other than the contractual agreement that was in effect between the homeowner and the contractor. Ce Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. If this variance is not approved, the homeowner would be forced to re-design the home in compliance with the required setback, because the site plan indicates that there is only 1.4 feet of "extra" setback along the opposing side (a lO.5-foot side setback is required and the site plan indicates that 11.9 feet has been provided). Therefore the petitioner cannot simply "slide" the structure to the north to remedy the 3.3-foot encroachment. The walls and the roof are ~li-eady hu place, so without the variance, at least some portion of the home would need to be demolished to bring the structure into compliance. In staffs opinion, the situation does "create a practical difficulty." It is important to note that any construction that occurs prior to approval of the spot survey that shows the slab's location is done solely at the risk of the contractor. It is common for contractors to continue with vertical construction while awaiting approval of the spot survey, however. de Wffi the variance, if granted, be the minimum variance that wffi make possible th· reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance proposed is the minimum variance to allow a reasonable use of this structure (as it is shown on the site plan) to become a confo~ing struc~ the variance should not have a negative impact upon the standards of hqth, , ety and welfare. APR 22 2003 Petition VA-2003-AR-3658 CCPC Dale: April 3, 2003 Page 4 of 7 ~ ~ ee However, a reasonable use of the land could be achieved by construc~g a house meeting the required minimum setbacks. Will granting the variance confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? f. ge Yes. Granting this variance will allow the petitioner to have a home closer to a street than other property owners within the Estates zoning district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Although approval of this variance would allow a house to be constructed closer to the front lot line than other houses on comer lots in the Estates zoning district, approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. Any perceived detriment would be to the property owner, herself, because her house would be located closer to the road than other homes. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, goff courses, etc.? Yes. The house will be more than 100 feet from the nearest house along the lot line where the variance is sought, because there is 60 feet of road right of way and the required setback for the other lot to separate structures. In staffs opinion, the distance from an encroachment is an ameliorating factor and adequately address compatibility. he Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION;, The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. PLANNING SERVICES STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that although there is no land-related hardship associated with this variance, there are several ameliorating factors: the 100 foot separation distance from the closest home; and the initial approval of the building permit by the County. In addition, the subject property o~1~ the most affected property owner of any negative impacts associated with the ho nearer the roadway. Planning Services staff recommends approval of the request s following conditions Staff is recommending approval of the variance with the following conditions: The variance granted is limited to a 3.3-foot front yard encroachment along 8t~ Avenue NE as .depicted and more particularly described in the applicant's site plan stamped "Received January 30, 2003." This site plan is included as Exhibit A; and Thc variance is limited to the existing principal structure. If this residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the ~-trueture at the time of its destruction, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the _time of reconstruction. Peffiion VA-2003-AR-~k58 Page 6 of 7 APR 2 2 2003 pREPARED BY: _~ KAY D~S£LSM, PRINCIPAL PLANNER REVIEWED BY: /'SUSAN MURRAY, AICP I CURRENT PLANNING MANAGER DATE T WUERSTLE, ~AIC · DIRECTOR, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: Collier County planning Commission. KENNETH L. ABERNATHY, CHAIRMAN DATE Staff report for the April 3, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the April 22, 2003 Board of County Commissioners Meeting peloton VA-2003-~R-36~ CCPC Date: April 3, 2003 P~ge 7 of 7 APR 2 2 2003 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: VA-2003-AR-3658 Date Petition Received:. PROJECT #2003010045 DATE: 1/30/03 Planner Assigned: KAY DESELEM ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Maria Ma~tinez Petitioner's Address: 3210 60ta Street SW, NAPLES, FL 34116 Telephone: Fax#: E-Mail Address: n/a Agent's Name: Beau Keene, P.E. Agem's Address: Keene Engineering Telephone: 239.403.0123 Fax#: 239.403.9399 1199 First Avenue South Naples, FL 34102 E-Mail Address: civilsite(~earthlink, net COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNl~G ~'-~'~"~ I SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE- NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 4 Application for Variance Petition - 6/24/02 Page 1[f9 Complete the following for all Association(s) a~liated with this petition. sheets if necessary) Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: n/a Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Golden Gate Estates Unit 76 Lot (s) Tract 143 Block (s) n/a Section 06 Twp. 49 S Range 28 E Property I.D. # 40630560006 Acreage Number: 1.64 acres Metes & Bounds Description: n/a Address of Subject Property: 811 Everglades Blvd. North (If different from Petitioner's address) "E' Estates - residence under Current Zoning and Land use of Subject Parcel: construction Adjacent Zoning & Land Use: ZONING LAND USE N "E' Estates single-family S R/W & "E' Estates Vacant Laud Application for Variance Petition - 6/24/02 (Provide additional reside~ Page W "E' Estates Vacant Land E R/W &"E' Estates Vacant Land Minimum Yard Requirements for Subject Property: Front: 75' & 15 CornerLot: Yes X No F-] Side: 10.5 Waterfront Lot: Yes [-] No X Re~r: n/a Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. This petition is to request a variance from the front yard setback requirement in the Estates zoning district of 15 to 11.7 on 8tb Avenue NE. The Collier County LDC requires for non-conforming lots to provide a side setback equal or greater than 10 percent of the lot width. However, in the case of corner lots the setback along the road cannot be less than 15 feet. The applicant applied for and received a building permit for a single-family residence on this legal non-conforming lot. The permit was approved with 12.8 ft. setback along 8th Ave. NE. The contractor erroneously set the survey stake 1.1 ft. too close to the right-of- way, compounding the problem of wrong setbacks on the approved Building Pemit. Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing, which a~e peculiar to the location, size and ~cs of the land, structure, or building involved. This is a non-conforming corner lot. It is 105 ft. wide, which includes a 30 ft. of row. The Comer County Land Development Code provides for reduced setbacks in Estates corner lots especially non-conforming Estates corner lots. The setback for non-. conforming corner lots along the longest street sid. e ~. 10 percent of the lot width with~__ a minimum of 15 feet. The County in issuing a buildmg permit for thi~. lqt err~l~ approved a setback of 12.8 feet instead of the required 15 feet. The build~.r ~.~ erroneously ptaeed survey stakes 1.1 ft. too close to the property line catmmg further into the required setback. [ APR 22 2003 encroachment / Applicntion for Varian~ Petition - 6/24/02 Pnge [ofgpg. l? I Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? The answer to this question is partially yes. The County issued a permit with incorrect setbacks. Unfortunately contractor's error caused further encroachment into the same setback. 3. W'fll a literal interpretation of thc provisions of this zoning tx)de work unnecessary and undue har~_ghip on the applicant or create practical _difficulties on the applieanL The literal interpretation of the L.D.C. would cause a great financial hardship on the owner of this modest residence under construction. 4. Will the variance, if gralKed, be the minimum variallce that will make possible the reasonable use of the land, building or structure and which promote standards of health, safet~ or welfare. The variance requested is the minimum variance needed to complete the construction of this residence. 5. WLli granting ~e variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. The granting of this variance will only allow the applicant to complete the construction of the building already substantially built. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be Injurious to the neighborhood, or otherwise detrimental to the public weffare. The intent of the Code is to have a uniform front-setback for aH buildings on lots with similar zoning, along the same stretch of the road. However, due to the non= conforming nature of the lot, this property, per code, may have a reduced setback. The approved setback by the County would have the building located with a setback of 30.8 feet from the back of curb on 8th Avenue NIL As built, the same setback from the back of curb will be 29.7 feet. Due to the existing vegetation on site, which may be complemented by the applicant to provide a vegetative greening, this 1.1 ft. encroachment caused by the builder will not be easily detectable by the motorists. The area is sparsely developed. The property directly across the street is a vacant 5 acres heavily vegetated tract of land. Therefore this variance will cause no adverse impact o on the properties in the area. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes, the area is vegetated, which may be further enhanced by the applicant by providing additional trees to further green the encroaching portion of the building from the motorists on 8~' Avenue NE. Will granting the variance be consistent with the growth management plan? Yes, the proposed variance is consistent with the GMP. APR 2 2 2003 Application for Variance Petition - 6/24102 Page 4 of 9 VARIANCE PETITION APPLICATION SUBMITTAL C~CKLIST THIS COMPLETED CHEMIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) Ail property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - - As the authorized agent/applicant for this petition, I attest that aH of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the dela~f processing of this petition. Applicant/Agent Signature Application for Variance Petition - 6/24/02 Page APR 2 2 2003 http://gis.c~~~ierappraiser.c~m/s~rv~~t/c~m.¢sri.esrimap.Esrimap?Servi~eName=ccpa-desig... 1/22/2003 BOUNDARY SURVEY FOUND 1/2 ROO NO CAP z ~O5. O'(D) NO0~9'lO"[ ' > FOUND 1/2 ROD I-B. 5129 O .~11.9' (A 0 (.n FOUND 225' TRACT 143 VA-03-AR-3658 Project//2003010045 Date: 1/30/03 Kay Deselem TI~4GT 144 ENLARGED DETAIL FOUNDATION EL=lO5.0' SETm 1/2 ROD /TS' IOLD CAP WITNESS L.S. 5013~ I (__ FOUND I-- '~'~ , ~-- 20.0' PK & DISC 105.0'(D&C S00'19'1~ "W 225' __ROAD EASEMENT~ EVERCLADE$ BOULEVARD 100' RIGHT ~ WAY LE C.,END/ABBEEVlATION 5 1H15 5tJ~VEY 15 PREPARED FOR, 50UTM 105 rog L TI~ACT 143. GOLDEN GATE ffST~TE5. I~IT HO. 13 of ~ P~ ~ of ~r Jan. 31. 2001 Date of Survey, Foundation 10/2cl/02 1' = 100' Project No. GGTGT143_ Fi) No.._.0_.~7_. p. 7._5___ Job No. O!04Co FLOOD ZONE 'X' - PANEL 120067 0225 O. BEARINGS BASED ON PHYSICAL CEN11~UNE OF EVERGLADES BLVO AS BEING NO(Hg'IO'E. NOT VALID EI'l~O55ED WITN SEAL COPri~C~I F 200I VA-03-AR-3658 Project #2003010045 Date: 1/30/03 Kay Deselem Abstr~t h~ ~t ~en rev~wed ~d ot~r easements ~ castrates may ~y to t~ p~c~ ~ ot~r counts that exit to the s~veyor by the or ~r agent per F~idg G1Gg-S.O0* ClOD F.~.C. 330 ~on Do~v~d 5out~ N~le$. ~ 34117 C23~ 304-~55 Offme c23q9 304~7 ,? 2003 NOTARIZED LETTER OF AUTHORIZATION RE: South 105' OF tract 143 - Golden Gate Unit 76 Ramsey Building Corp. Variance Petition 811 Everglades Blvd. North - Folio Number 40630560006 Agent Authorization Letter To Whom It May Concern: Please be advised that Keene Engineering - 1199 First Avenue South, Naples, FL 34102 has been engaged by the under-signed owner of the subject project to authorized agent and to request necessary //~plications during Collier ~ounty Variance Petition process. ria A. Martinez, Owne~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ]"~tu~,'~ by I~.~n;d /'))de'~he~.,' who is personally known to me or has produced Notary Public, Si'ate of Florida as identification and who did (did not) take on oath. ,2003 My Commission Expires: APR 2 2 2003 VARIANCE' PETITION PRE.APPLICATION MEE~G NOTES & SUBMITTAL CHECKLIST · Project Nnme: __ [C~' Type of Petition: k,]' Owner Name: Owner Address: Phone:, Meeting Attendees: UBMITTAL REQUIREMENTS: 15 copies of completed Appfication Adc. essing Checklist signed by Addressing Dept Pre. applicstion meeting notes . 15 copies of Conceptual Site Plan 24' X 36 plus (one 8 1~ X 11 oopy) Completed Owner/Agent Affidavits. Notarized 2 Copies of Deed 2 copies of List identifying Owner & all parties of corporation ,,~ Looation map 5 copies of Aedal Photograph (taKen within the previous 12 months) APR 2 2 2003 I'INA 4 copies of ElS or ElS waiver [] ~i,4. 4 copies of TIS [] ,~1~. 4 copies of Utility Provisions Statement with ske~ct~es [] Al~. Historical Survey or waiver request [] ~ Public Pa~cipation Meeting affidavit, notes , , C] A///P, PJ'e-al~lication Fee $300.00 (to b.e credited toward application fee below) ~O'~ ~ Fees: $1000.00 Al:qolication Fee 25.00 Data Conversion OTHER REQUIREMENTS: NOTES: IJ Agent/Owner Signature 2 Date:., RESOLUTION 03~ RELATING TO PETITION NUMBER YA-2003-AR- 36~8, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations ns are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted and lawfully assembled Board of the area hereby affected, has held a public hearing aRer notice ns in said regulations made and provided, and has considered the advisability of a 3.3-foot after-the-fact variance from the required 1'5 feet front yard setback to 11.7 feet for the home under construction as shown on the attached site plan, Exhibit "A", in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable marte~ required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA THAT: Petition VA=2003-AR-3658 filed by K~-~ Engineering, lnc, representing Maria Martinez, owner, with respect to the property hereinafter described as: South 105 feet of Tract 143, Golden Gate Estates Unit 76, as recorded in Plat Book 5, Page 13, of the Public Records of Collier County, Florida in Section 6,Township 49 South, Range 28 East be and the same hereby is approved for a 3.3-foot after-the-fact variance from the required 15-foot front yard setback ns set tbrth in LDC Section 2.2.3.4.3, to 11.7 feet for the house under consm~ctiou, as shown on the attached site plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the attached oonditions (Exhibit "B"): BE IT FURTHER RESOLVED that this Resolution relating to Petition 2003-AR-36f,8 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. day of ,2003. Done this ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A--Site Plan, entitled "Variance Petition Exhibit," dated January 12, 2003, and stamped Received January 30, 2003 Exhibit B--Conditions VA.2003-AR-3658/KD/Io APR 2 2 2003 PLAN '~ 112-8° REO'D = 15.0' N 00'19'10' E 75.0' ~ F~dt.Y ~ell I L- 7~.0' YARD EVERGLADES BLVD. N. Iq.AN - 10.7' ACTtJN. m 11.9' I~'D - 10.5' RECE~ .~AI, I 3 0 ZOO] NOm VARIANCE PETITION EXHIBIT PHONE: .~O-~-n-123 FAX: 403.9399 PERMIT NO. 2002-023927' 811 EVERGLADES BLVD. N. FOLIO # 40630560006 JANUN~ 12. 20C)~ SOUTH 105' OF TRACT 14.~ GOLDEN GATE ESTATES UNIT 76 RA BUILDING C 2 2003~, 2287 r.. TAUIAJm TlUdL CONDITIONS FOR VARIANCE The foregoing variance petition approval is subject to the following condition: The variance granted is limited to the after-the-fact front yard encroachment for the house under construction, as depicted and more particularly described in the applicant's site plan entitled, '~/adance Petition Exhibit," dated January 12, 2003, and stamped Received January 30, 2003. This site plan is included as Exhibit A.. Revised: 04/03/03 per the Collier County Planning Commission recommendation VA-2003-AR-3658 Exhibit B G:~Current~Deselem\Variances~JVlartinez, Maria VA-2003-AR-3658\Condifions for Variance.doc EXECUTIVE SUMMARY AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFT LANE ON MULTI- LANE ROADWAYS, EXCEPT FOR PASSING OR PREPARING TO MAKE A LEFT TURN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To adopt an amendment to Ordinance No. 83-35 to restrict trucks weighting over five (5) tons from using the left lane on multi-lane roadways. CONSIDERATIONS: Section 316.555, Florida Statutes, authorizes any local authority to regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers, or semi trailers.o.n any highways or specified parts under its jurisdiction whenever in its judgment such regulation or prohibition is necessary to provide for the public safety and convenience on same by reason of traffic density, intensive use by the traveling public, or other reasons of public safety and convenience. Therefore, in 1983, the then seated Board of County Commissioners enacted Ordinance No. 83-35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the operation of trucks over one (1) ton weight on public roadways. In the ensuing years, traffic density and intensive use by the traveling public has increased. In the interest of public safety and convenience, it has been determined that it is in the best interest and benefit of the citizens of Collier County to prohibit trucks or other commercial vehicles with a rated capacity in excess of five (5) tons from using the left lane on all multi-lane roads or streets in Collier County, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation. (ISCAL The cost sign is $100 and will be taken from Road and Bridge approximate per \" Fund (101). A budget amendment may be needed transferring funds from Reserves to Operating to cover the cost of signing. Staff is compiling a list of roadways that will require signing and cost of installation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt an ordinance amending Ordinance No. 83-35, §1, relating to restricting trucks weighing over five (5) tons from using the left lane on multi-lane roadways; and approve the requisite budget amendment. SUBMrITED BY::~nt REVIEWED BY: APPROVED BY: . ~ N;E. Feder, AICP, Transportation Administrator DATE: 4/1/03 DATE:/~/~g) NO. :-~:~l-- APE 2 2 2003 Pg. ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFt LANE ON MULTI-LANE ROADWAYS, EXCEPT FOR PASSING OR PREPARING TO MAKE A LEFT TURN; PROVIDING FOR CONVLI~ AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.555, Florida Statutes, authorizes any local authority to regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever in its judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience; and WHEREAS, the Board of County Commissioners of Collier County has determined that, by reason of traffic density, intensive use by the traveling public and in the interest of public safety and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the operation of trucks of over one ton weight; and WHEREAS, the Board of County Commissioners of Collier County desires to amend Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance No. 83-35 § 1, to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County whenever such road or street is posted with signs prohibiting such operation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COr.LrFR COUNTY, FLORIDA, that SECTION ONE: AMENDMENTS TO SECTION 130-3. Section 130-3 is amended to read as follows: Words underlined are added; words ::'a'~.:':k ~.-:'_'g~. are deiced. NO,.~::]. APR 2 2 2003 pg. C~ Sec. I30-3. Operation of trucks over one ton weight. (a) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (b) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of five tons upon the left lane of any multi-lane road or street in the county, except for passing or preparing to make a left turr~ whenever such road or street is posted with signs prohibitin~ such operation~ except as hereinafter provided. ~ (c) The county administrator is authorized to determine those roads and streets upon which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' operation in the let~ lane is restricted, and, with the approval of the board of county commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads and streets so designated and on the roads and streets approaching the roads and .streets so designated, where applicable. (~ rd) The provisions of this section shall not be applicable to the following: (1) The operation of emergency vehicles. (2) The operation of any vehicle owned or operated by a governmental agency, public utility or contractor while engaged in the repair, maintenance or construction of roads, streets, utilities or structures along the roads and streets designated in accordance with this section. (3) The operation of garbage or trash trucks while actually engaged in the collecting of garbage or trash along the roads and streets designated in accordance with this section. (4) The operation of a vehicle upon any road or street where necessary to the conduct of business, provided that such vehicles shall enter such designated roads and streets at a safe intersection nearest the destinafon of the vehicle and shall proceed thereon no farther than the nearest intersecfon thereafter. (-d-) (e} Any person who violates the provisions of this section shall be subject to prosecution in the manner prescribed by general law; and upon conviction, such person shall be subject to a fine, imprisonment, or both a fine and imprisonment as provided by general law. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a -- APR 2 2 2003 Words underlined are added; words :'~- ;ok '~----c'-'7~- arc deleted. I"g~--. ~"~ separtite, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Tom Henning, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Words underlined are added; words :..*r_':k '~.E'c'-'gh are deleted. AGENDA ITEM No. ll~r~ APR 2 2 2O03 Pg. ~ EXECUTIVE SUMMARY BOARD CONSIDERATION OF THE ADOPTION OF AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICPAL SERVICES TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: For the Board to consider the adoption of a municipal services taxing unit (MSTU) ordinance to provide a funding source to pay for the underground placement of certain Florida Power & Light (FPL) power transmission lines along 91st Avenue North from about Eighth Street North to Vanderbilt Drive. CONSIDERATIONS: FPL has plans to install an electrical power transmission or feeder line from its Pine Ridge Power Station westerly to an area near the Ritz-Carlton Hotel entrance. Overhead distribution lines are planned along a portion of the route that includes 91st Avenue North from Eighth Street North to Vanderbilt Drive. At its February 11, 2003 Board meeting (Agenda Item 9G), in response to citizen concerns regarding this FPL project, the Board directed staff to develop information relative to the formation of a MSTU to pay for the underground placement of this feeder line rather than placing it overhead on 50 foot poles. The added cost of underground placement versus overhead placement is estimated by FPL to be about $60,000. The formation of a MSTU also carries some administrative and possibly financing costs with it. Therefore, it would be prudent to consider an overall budget for this project of about $70,000 The Board directed staff to draft an underground power line MSTU ordinance to include Naples Park, Beachwalk, Regatta and the Pavilion Club and all commercial properties along US 41 and Vanderhilt Drive. In response to citizen opposition, the Board added to the motion that the Pavilion Club be included only after the County Attorney's legal review. A commitment was to be made by Collier County to FPL for payment. (Attachment #5: Letter to FPL). The.?oposed Naples Park Area Underground Power Line MSTU is bounded by US 41 North, 111~ Avenue North, Vanderbilt Drive, the parcels as far west as the Regatta, and the southern boundary of Vanderbilt Beach Road. (Attachments No. 2 - Boundary Map, No. 3 - Legal Survey and Description). Total Parcels = Total Just Value = Total Taxable Value = Funds available for 1 mil of levy tax = Millage necessary to fund $70,000 for I year = Levy on $113,597.61 average taxable Naples Park dwelling = 3,978 $630,327,869 $545,107,434 $545,107--_. .1284 $14.59 FISCAL IMPACT: The cost to pay FPL for the installation of the underground distribution line and administrative costs is estimated to be $70,000. The total taxable value of the Naples Park MSTU as of February 25, 2003, per the Property Appraiser's Office, is $509,705,212. This area includes Naples Park, Beachwalk, the Regatta, and the Pavilion Club. This includes commercial and residential properties within the boundary. The following table indicates the levy on taxable parcels to generate $70,000 in one year. Taxable Dwelling Value Millage · 1284 $12.84 $25.68 $38.52 $51.36 $64.20 $100,000 $200,000 $300,000 $400,000 $5oo,ooo GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Staff recommends to the Board of County Commissioners: That the Board adopt the attached ordinance creating the Naples Park Area Underground Power Line MSTU Ordinance. The millage is to be adopted and levied for one year to collect the approximate sum total amount for the sole purpose of facilitating the funding of the underground placement of the FPL transmission lines. Provide payment to FPL on/around February 2005 when tax monies from this MSTU are legally collected. SUB~ BY: REVIEWED BY: Pamela J. Lulich, Landscape Project Manager Diane/~ la~y~;'Di~tor /_J- Alterfia ~. ~~.__Modes/MPO Nor~na/n E. Fder;'AICP, Administrator Tmn/~rtation 2 APPROVED BY: DATE: ~~~__~ ..~ DATE: DATE: ~/~,/~ ~ · / / APR 2 2 2003 ORDINANCE NO. 2003 - AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICIPAL SERVICES TAXING UNIT; PROVIDING A'PURPOSE kN'D GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE~ COLLECTION OF TAXES; PROVIDING FOR ~ DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has become known to the residents and owners of properties locateA in the North Naples - Naples Park and nearby areas that Florida Power & Light (FPL) has pending plans to construct overhead power lines (al~o referred to as "feeder lines" or "transmission lines") along 91st Avenue North between 8m Strut North and Vanderbilt Drive; and WHEREAS, residents and representatives of some of the neighborhoods have spoken to the Board of County Commissioners addressing their concerns relating to the pending construction of such overhead power lines, including aesthetic issues and the loss of trees and greenery in the construction/placement area for these power lines; and WHEREAS, the Board of County Commissioners learned from FPL that an estimate of cost for said power lines to be consu'ucted under,round rather than overhead is in the amount of $58,689.00; and ~S, the Board of County Commissioners has been requested by many affected residents in the vicinity of the pending overhead power lines to assist in obr~aining an undo'ground construction, and that, if necessary and appropriate, that the owners in the area pay to achieve such result; and ~S, the Board of County Commissioners at its public meeting~ of February 11 and 18, 2003, considered gnd directed staff to draft and adv~.iac a municipal ~crviccs taxing unit ordinance to provide for a one year tax levy to obtain $70,000 to pay thc additional cost for FPL to construct the 91~ Avenue North power line~ underground and the governmental cost of thc MSTU; and WHEREAS. thc Board of County Commissioners has determined that the best method for funding thc costs of assuring that FPL construct thc 91~ Avenue Notch power lines Pag~ ors APR 2 Z NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COI J.II=R COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 200, Florida Statutes, and other applicable provisions of law.', SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Naples Park Area Underground Power Line Mumcipal Services Taxing Unit, hereinafter referred to as "MSTIY'. The boundaries of the MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing adequate funding to pay all the construction and MSTU ammnistration cost~ to achieve the underground construction of high power distribution/transmission lines along 91st Avenue North from about Eighth Street North to Vanderbilt Drive. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, AND TAXATION RATE. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following the "Budget". The estimate shall describe the purpose for which thc moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing thc annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation a millage sufficient to meet the reqmren~nta of the Budget. It is anUcipated that there shall be a one,time tax levy for Fiscal Year 2003-04 and that thereaftt~r no additional tax levy will be reqmred. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. APR 2-2 200 Page 2 of 3 Taxes hcmin provided for shall bc asscssed and collccted in thc same manner and form as provided for thc asscssmcnt and ¢ollcction of gcncral County taxes and subject to thc same fees for assessing and collccting as gcncral County taxes. SECTION SIX: DUTIES OF THE COUNTY MANAGER OR HIS/HER DESIGNEE. The dllties of the County Manager or his/her design~ shall be: A. To adminisler the activities of the MSTU in accordance with established policies of the Board of County Commissioners. B. To prcpar~ the annual budget. C. To provid~ p~riodic written mpo~ to the Board of County Commissioners of the activities of the MSTU and its f'mances in accordance with established guidelines of the Board of County Commissioners. 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 COLLAR COUNTY, FLORIDA DEPUTY CI FRK BY: Tom Henning, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigcl County Attorney Page 3 of 3 APR 2. 2. 20 3 AVENUE U.I NAPLE~[R[~] il APR c~ 862 EXHIBIT PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO .......... PARCEL NO .............. FOLIO NO... TAX PARCEL NO ........... LEGAL DESCRIFFION (NOT A SURVEY) BEGIN AT THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF U.S. 41, TAMIAMI TRAIL NORTH AND THE SOUTH RIGHT OF WAY LINE 111 TH. AVENUE NORTH; THENCE RUN SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF U.S. 41 TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862),; THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID VANDERBILT BEACH ROAD TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD AND THE EAST LINE OF THE VANDERBILT LAGOON; THENCE NORTHERLY ALONG SAID EAST LINE OF THE VANDERBILT LAGOON AND THE WEST LINE OF TAX PARCEL 11 AND THE WEST LINE OF THE CONDO ' REGATTA AT VANDERBILT BEACH'; THENCE EASTERLY, SOUTHERLY, AND EASTERLY ALONG THE BOUNDARY OF SAID VANDERBILT LAGOON TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 'G' OF THE PLAT THEREOF 'CONNER'S VANDERBILT BEACH ESTATES UNIT NO. 2 ' AS RECORDED IN PLAT BOOK 3, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHERLY ALONG THE WEST LINE OF LOTS 1 THROUGH LOT 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY, NORTHERLY, AND EASTERLY ALONG THE NORTHERLY BOUNDERY OF SAID LOT 6 TO THE WEST RIGHT OF WAY LINE OF VANDERBILT DRIVE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF VANDERBILT DRIVE TO THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE AFORESAID 111 TH. AVENUE NORTH; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF 111 TH. AVENUE NORTH TO THE POINT OF BEGINNING. 22 200 PREPARED BY.~~~'?''~'- ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR'FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF 1 02/~2/20~3 FF~) ]6:07 FK]2 ~002/003 February ]2, 2OO3 Mr. lira Mudd C~lli~ C~amy Subject: 91 Ave N Invoice Dear Mr. Mudd, Encloscd is our invoice i~ the amount of $$8,689.00 for th~ diff~-~nfial ofinstaUing proposed facilities rmdergrou~d instead of ovezhead on 91 Ave N between Vaaderbilt Dr and 8 St N. Pleaae note that this ~al represe~t~ the cost to inatall our uadergro,md facilities using rapid con~-uedon techniques. This mea~ thc County assumes r~ponsibility for landscape re~orafio~ We ~d that the County will execmc an Agreement providing for rtqmbur~ement to us in the eveut the underground facih'ties discam~xt herein havc to bc relocated in whole or in part for any County projec~ a~ aay time in the future. We will prepare this Agreeme~ and f~rward it to you for execution by the proper authority. We a~e p~oceed~g with our project in good faith with thc undorstanding~ as noted abovc unless you or other County of~cials advis~ otherw/~/n writing prior to Maroh I, 2OO3. Please call me at 239-353.-6045 if you have any questions. Sincerely, Gene Hartlcy Service Planni~ Supervisor 02/12/2003 ~D 16:07 Payment Coupon /G~O~O~EDOOO303O?SOOOOSqOSq3OO~AG850003AO~O~D~ COLLIER COUNTY BOARD OF COMM. BLDGD 3301 E TAMIAMI TRI. NAP~ Fl. 34112 Cust. No.: 303075 Inv. No-' 540543 C;hofoes ~ Invoice PaBt Due After WO Rdemnce · FPL 4105 15TM AVE ~ NAPT.~-q,I~L 34116 Florida Power & Ught Company INVOICE COllIER COUNTY BOARD OF COMM. BLDG D 3301 ETAMIAMI TRL NAPLES FL 34112 F~d~ml Tmr I0~ ~ customer NunlbeC 303075 Involca Numbmc. ~44)543 Involc~ Dat~. o2J12/2oa3 8 ~01~ 0~0Q~4l~43 3 I 0t tl O,I CURRENT CHARGES AND CREDITS Db-'B CUST CONTR NEW CNST ~ I 58.68g.00 SS,68e, 00 F4370 - Li/G OIST AVE N & VAI~[I-T DR 0596-41..547 For ~.~i~ Com~.c Toisi Amount Due F'hcme: (;239) 3,~-6025 ~his Moflm"~ C~ PN* Due Aftra' ATTN: ~71MUDD; DIIrFERENTIAL COST FOR. UNDI~GROUND WOP. K ON 91s'r AVE N. ~]003/003 APR 2 2 2003 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Napics~ Florida 34112 · 239-774-8383 · FAX 2394010 February25,2003 Mr. Gene Hartley Service Planning Supervisor Florida Power & Light 4105 15th Avenue SW Naples, Florida 34116 RE: Construction Cost Differential for Underground Lines on 91 st Avenue North Dear Mr. Hartley: This letter is in response to your letter of February 12, 2003. In view of the Collier County Board of Commissioners' actions on February 11 and 18, 2003, wherein the Board directed staff to establish a Municipal Services Taxing Unit to assess property owners in the area, the County agrees to pay the construction cost differential for underground lines in lieu of overhead lines along 91st Avenue North between 8th Street North and Vanderbilt Drive in the amount of $58,689.00. It had also been offered by FP&L that Collier County could provide this payment on/around January-February 2005 when the tax monies from this MSTU will be legally collected. Collier County would like to accept this gracious offer of late payment. Regarding landscape restoration and future relocation costs, these are FP&L expenses. As discussed in our meeting on January 31, 2003 with Commissioner Halas and staff, future relocation costs were to be assumed by the County only if FP&L did not charge for the movement of the lines to underground. Direct any questions regarding this project to me at (239) 774-8383. Sincerely, -/-Jmes V. Mudd t Co~W M~er cc: Board of County Commissioners Norman Feder, Transportation Division Administrator Joseph Sehmitt, CDES Division Administrator Ed Kant, Transportation Operations Director ~ Grover Whitten, FP&L APR 2 2 EXECUTIVE SUMMARY ADOPT THE COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE INCLUDING GENERAL DISCHARGE PROHIBITIONS OF INDUSTRIAL WASTE; · MAXIMUM CONCENTRATIONS ALLOWED; USE OF INTERCEPTORS (GREASE TRAPS); AND, SERVICE CHARGES AND FEES. OB,]ECTIVE: That the Board of Collier County Commissioners, Ex-Officio, the Governing Board of the County Water-Sewer District, adopt the Collier County Industrial Pretreatment Ordinance including General Discharge Prohibitions of Industrial Waste; Maximum Concentrations Allowed; Use of Interceptors (Grease Traps); and, Service Charges and Fees. CONSIDERATION: In 1997 the BOard ot County Commissioners adopted the Utility Operating and Regulatory Ordinance No. 97-48, establishing certain uniform utility operating and regulatory standards and procedures including Sewer Use Restrictions. Ordinance No. 97-48 was repealed when Ordinance No. 2001-73 was adopted in December of 2001. Ordinance No. 2001-73 addressed establishing rate fees and charges, and excluded all Industrial Pretreatment Regulatory Standards, Sewer Use Restrictions, and Procedures and a Formula for Industrial Waste Surcharge. The Collier County Industrial Pretreatment Ordinance is based on the United States Environmental Protection Agency's (USEPA) requirement for a local industrial pretreatment program that addresses fats, oils and grease. This ordinance will provide a mechanism for enforcement action for industrial users who are not in compliance. The Collier County Industrial Pretreatment Ordinance includes clarification of the General Discharge Prohibitions based on CFR 40 Part 403 UStsPA Federal Pretreatment Program. A Fats, Oils and Grease (FOG) inspection and sampling program will be implemented with the adoption of the Industrial Pretreatment Ordinance to protect and reduce the operating costs of the Wastewater System. The Collier County Industrial Pretreatment Ordinance adopts an Industrial Waste Surcharge Formula. A customer discharging excess strength waste into the wastewater system shall be assessed normal strength wastewater charges in addition to excess strength charges. Excess strength charges are charges for the cost of treating discharges that surpass standard domestic wastewater discharges as defined in the ordinance. A monthly surcharge that will cover the cost of inspections and administering the Fats, Oils and Grease Program is proposed on every hospital, nursing home, jail, cafeteria, restaurant, grocery store, hotel and any other establishment where food is handled or prepared for consumption or distribution. Industrial users are identified as any commercial/industrial customer who discharges greater than 25,000 gallons per day of wastewater and/or a commercial/industrial customer who discharges any of the regulated compounds believed to be in high enough concentrations to cause harm to AG~NOA ITEM_ APR 2 2 2003 the County's Wastewater System or that could pass through the treatment plants and cause a compliance problem with the plant's effluent or sludges. County Staff will identify industrial users that will be required to obtain a permit from the District. A comparison of existing adopted ordinances from the City of Tampa, Lee County and Manatee County was made. Additionally, the pretreatment guidelines established by the FDEP and the USEPA were reviewed. A review of Collier County Building and Plumbing Codes were conducted and no conflicts were found. FISCAL IMPACT: Funds are available within the Wastewater Laboratory operating budget (408/233350). The $12/month per user fee collected for the Fats, Oils and Grease Program will pay for the cost of county employee staff time for inspections, 2 times per year sampling, and the administration of the program. It is not known at present the potential revenue for the industrial user excess strength charges, and fees collected for the permitting process. The program will be evaluated at the end of the first year of operation to determine whether fees are sufficient to cover associated costs. The fees collected will reduce the impact on the Wastewater Department's Operations and Maintenance Budget. These revenues will pay the additional treatment costs associated with wastewater that has excessive strength over domestic wastewater. It is not anticipated that any additional staff or vehicles will be required at this time and in the proposed FY 04 Budget. As the system grows, revenues associated with the Industrial Pretreatment Program will bear the cost of the expanded services required. RECOMMENDATION: Staff recommends that the Board of Collier County Commissioners, Ex-Officio, the Governing Board of the County Water-Sewer District, adopt the Collier County Industrial Pretreatment Ordinance, as described herein and attached hereto. SUBMITTED BY: REVIEWED BY: REVIEWED BY: Mil{lie Kelley, W/as(ewatercL/~'boratory St~p~mis~rr ~ ~ Date: 4'"7 J~eph Chea~, Wastewater Director Ann M~e Sayl~perations An~yst Fact Sheet April 10,2003 Subject: Adoption by the Board of County Commissioners the Collier County Industrial Pretreatment Ordinance that includes local regulatory standards, sewer use restrictions, allowable local limits for industrial/commercial discharge, procedure and fees for obtaining an Industrial Pretreatment Permit, setting of excess strength surcharges, and a Fats, Oils, and Grease (FOG) inspection and compliance program. Purpose: The purpose of this ordinance is to insure compliance with all Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (USEPA) permits. The ordinance will protect the Collier County Wastewater System by: Developing, implementing and maintaining an approved pretreatment program with pretreatment standards and requirements. Evaluating compliance of regulated industrial users through permitting of their facilities. Establishing fees for excess strength wastewater fi-om industrial users. Providing enforcement action against non-compliant industrial users as appropriate. Developing and enforcing a response plan. Ensuring industrial users pay their share of treatment costs now borne by all sewer ratepayers. Establishing a Fats, Oils & Grease (FOG) Program. Background/Considerations: Wastewater treatment plants are designed to treat pollutants that are biodegradable. They are not designed to treat pollutants that are toxic. Some industrial/commercial establishments discharge pollutants that could be toxic to a biological wastewater treatment system. Such discharges can cause serious problems. The problems associated with such discharges can be prevented using treatment techniques and/or management practices that reduce or eliminate the pollutants fi-om the discharge. The act of treating wastewater prior to discharge into a sewer system is commonly referred to as "pretreatment." The National Pretreatment Program, published in Title 40 Code of Federal Regulation (CFR) Part 403, provides the regulatory basis that requires non-domestic discharges to comply with pretreatment standards to ensure the goals of the 1972 Clean Water Act (CWA) are obtained.. The goals of the Collier County Industrial Pretreatment Program are to: Prevent the introduction of pollutants into the wastewater system that would interfere with the operation of the wastewater plant thereby causing permit violations of the treated effluent and the disposal of wastewater sludges. Prevent the introduction of pollutants into the wastewater system that would pass through the system thereby not allowing the effluent to be used for irrigation in the County's Reclaimed Water System. Collier County is initiating a program of wastewater sludge composting in order to meet Federal Requirements and to have a beneficial re-use of this product in local agricultural markets. The Industrial Pretreatment Program will protect this valuable resource fi-om contamination. The discharge fi-om industrial users can be high in volatile organics. These organics can accumulate in the headspace of the sewer, increasing the likelihood of an explosion that could cause significant damage. Discharge limitations and management practices to control such discharges will significantly reduce that likelihood. The discharge of toxic organics can result in a chemical reaction that forms deadly gasses. That kind of discharge could be harmful to wastewater staff and citizens. The Induslrial Pretreatment Program will regulate the 126 Priority Pollutants from Industries that discharge into the Collier County Wastewater System. In addition, the ordinance sets local limits that may be more stringent than those set by the National Categorical Standards listed in CFR 40 Part 403. Local limits are set based on the background data for the County's wastewater effluent and sludge. The FOG Program is designed to inspect, regulate and insure compliance of establishments who discharge greater than 100 mg/L of fats, oils and greases. The majority of the users have been identified as establishments that use cooking oils. The Collier County Building & Plumbing Codes require these establishments to install and maintain below ground grease traps. The FOG Program is designed to inspect and sample their facihties 2 times per year. The inspections help to regulate the amount of FOG that is discharged to the County Wastewater System. Discharges of FOG cause the following: Blockage of gravity mains that can lead to sanitary sewer overflows. Loss of capacity in gravity and force mains. Increase Operations & Maintenance costs associated with frequent cleaning of sewer lines. Increase odor in neighborhoods and around lift stations. The FOG Program will provide a current inventory of regulated establishments, an inventory of problem areas, prevent sewer blockage and outages, improve the compliance rate of users, increase awareness of the serious nature of the problems associated FOG, and provide performance measures to help increase our operation and maintenance efficiencies. The Industrial Pretreatment Ordinance is based on the USEPA requirement for a local industrial pretreatment and FOG Program. An outside consultant has reviewed the ordinance to ensure it meets the intent of the USEPA National Pretreatment Program. The ordinance was also reviewed and approved by the FDEP. In addition, calls for comment were requested of the Naples Chamber of Commerce, City of Naples Public Works and the State and local Restaurant Association. The Public Utilities Solid Waste Department, Pollution Control and Prevention Department, and Collier County Development Services Department have conducted an internal review. Additionally, a presentation was given to the Collier County Utilities Sub-committee. Four induslries in the Collier County Water- Sewer District have been notified of potential compliance problems and that they will be required to have a permit under the new Industrial Pre-Treatment Ordinance. At present, the FOG program of this ordinance will affect approximately 300 cooking establishments in the Collier County Water Sewer-District. Future Actions/Considerations: A database of FOG customers will be set up prior to thc proposed June 1, 2003, ordinance implementation date. County staff has identified several industrial users that qualify for permitting. A meeting with these users will be set up to discuss the permitting process. Thc identified customers have been notified of thc existence of the proposed Industrial Prctrcatment Ordinance. A public awareness campaign will bc initiated to advise Collier County residents of the new ordinance, and to educate thc public as to the proper disposal of residential FOG. · APR Industrial users are identified as any commercial/industrial customer who discharges greater than 25,000 gallons per day of wastewater and/or a commercial/induswial customer who discharges any of the compounds regulated under CFR 40 Part 403 believed to be in high enough concentrations to cause harm to the County's Wastewatcr System, or that could pass through the treatment plants and cause a compliance problem with the plant's effluent or sludges. County staff will identify industrial users that will be required to obtain a permit from thc District. Coordination Required: A coordinated effort between many county departments made this ordinance possible. The Collier County Pollution Control and Prevention Depa~h:lent will work with County staff to set up a program that meets all the requirements of CFR 40 Part 403. A detailed project management plan will be developed for implementation of the Industrial Pretrcatmcnt Program prior to the proposed June 1, 2003, ordinance implementation date. Prior to June 1, 2003, thc Utility Billing Department will mail flyers to users who will be affected by thc ordinance. Billing procedures will be implemented to accept the new fees into the Collier County Billing System. Staff will continue thc FOG inspection program, which will now entail 2 times per year sampling to ensure compliance. Wastewater Collection staff will continue to monitor thc wastewater collection system in order to identify problem areas. Thc deparmucnt's GIS capabilities will map all problem areas. Fiscal Impact: The Wastewater Department has the funds budgeted in this year's Operations and Maintenance Budget to pay the $65,000 cost to administer this ordinance. It is anticipated the FOG program will produce $42,000/year in revenues. The Department estimates that the forecasted 4 permits that will be issued will produce over $50,000 of revenue in excess strength charges. The $12/month per user fees collected for the FOG program will pay for the cost of County staff time for inspections, 2 times per year sampling, and the administration of the program. The fees collected will reduce the impact on the Wastewater Department's Operations and Maintenance Budget. These revenues will pay the additional treatment costs associated with wastewater that has excessive strength over domestic wastewater. It is not anticipated that any additional staff or vehicles will be required at this time and in the proposed FY 04 Budget. As the system grows, revenues associated with ~he Industrial Pretreatment Program will bear the cost of the expanded services required. Recommendations: Staff recommends that the Board of County Commissioners adopt the Collier County Industrial Pretreatment Ordinance. The ordinance will help to ensure compliance with Federal, State and local laws. In addition, it provides protection for our infrastructure and safety for our workers and citizens. The ordinance will provide continued enhancement to the quality of life within our community and is in the best interest for the safe, effective and efficient operation of the County's wastewater facilities 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 ORDINANCE NO. 2003 - COLUER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR DIRECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEMS OF THE COLUER COUNTY WATER-SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF THIS ORDINANCE;. RULES AND REGULATIONS; PROVIDING FOR MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES; APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENTIALITY; PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLICT AND SEVERABIUTY; PROVIDING FOR INCLUSION INTO THE COLUER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-Sewer Distdct of Collier County, was approved on November 4, 1969 by the voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, a Special Act of the Flodda Legislature, reestablished the District and provides for all dghts, duties, powers, jurisdictions, obligations, responsibilities and interests of both Districts created pursuant to Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, and any modifications thereto have been codified in the Code of Laws and Ordinances of Collier County, Florida as Sections 262-631 through 262-653; and WHEREAS, Sections 262-631 through 262-653 of the Collier County Codification is included in part and in whole, including any subsequent amendments thereto, as an attachment to the Ordinance; and WHEREAS, the Board of County Commissioners of Collier County, Flodda is the Ex-officio governing Board of the District; and W'-tEREAS, uniform requirements for direct and indirect contributors into the wastewater collection and trealment systems are in the public interest; and WHEREAS, the Distdct intends to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (Chapter 40 of the Code of Federal Regulations, Part 403); and APR 222003 I WHEREAS, all interceptors and/or separators shall be subject to the 2 standards set forth in the Florida Building Code, Plumbing Sections 1003.1 - 3 1003.5; and 4 WHEREAS, the District intends to prevent lhe introduction of pollutants 5 into the District's wastewater system which will interfere with the operation of 6 the system or contaminate the resulting sludge; and 7 WHEREAS, the Distdct intends to prevent the introduction of pollutants 8 into the District's wastewater system which will pass through the system, 9 inadequately treated, into receiving waters or into the atmosphere, or otherwise 10 be incompatible with the system; and 11 WHEREAS, the District intends to improve the opportunity to recycle and 12 reclaim wastewater and sludge from the system; and 13 WHEREAS, the District intends to provide for equitable distribution of the 14 cost of the District's wastewater system; and 15 WHEREAS, the District intends to provide for the regulation of direct and 16 indirect contributors to the District's wastewater system through the issuance of 17 permits to certain non-domestic users and through enforcement activities; and 18 WHEREAS, this Ordinance shall apply to the District and to persons 19 outside the District who are users of the County Publicly Owned Treatment 20 Works. 21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO 23 GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER 24 DISTRICT, that 25 26 SECTION ONE: Definitions and Abbreviations. 27 A. Definitions 28 Unless the context specifically indicates otherwise, the meaning of terms 29 used in this Ordinance shall be as follows: APR 2 2 2003 PG. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2{) 21 22 23 24 25 26 27' 28 29 30 31 3. 8o 'Administrator' shall mean the administrator of the U.S. Environmental Protection Agency or his duly authorized representative. 'Authorized Representative' shall be a principle executive officer of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such representative is responsible for the overall operation of the facility. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20=C, expressed in milligrams per liter. 'Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. ~Carbonaceous Biological Oxygen Demand" (CBOD) shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample. "Chemical Oxygen Demand" (COD) shall mean a measure of oxygen equivalent of lat portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. "Cooling Water~ shall mean the water discharged from a building or structure subsequent to use of that water for purposes connected with air conditioning, cooling, refrigeration, or for other APR 2 2 2003 PG. _ ~__ 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 10. purposes to which the only pollutant added to that discharged water is heat. "County' shall mean Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized staff, agent or the representative acting on behalf of the Board of County Commissioners to supervise and/or manage the operation of the Publicly Owned Treatment Works, which includes administration of this Ordinance. 'Direct Discharge" shall mean the discharge of treated or untreated wastewater directly to any surface water of the State of Florida. 11. "Discharge Permit" shall mean a regulatory document issued by the County to Industrial Users. The purpose of these permits is to control the discharge of pollutants and slug loads. 12. "Discharge Quality Bond" shall mean a Bond for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the conditions of this ordinance and all other State and Federal regulations relating to water pollution control. 13. "District" shall mean the Collier County Water-Sewer District including the Collier County Public Utilities Division and Wastewater Department and any of its Sub-Districts. 14. "Domestic Wastewater" shall mean wastewater discharged into the sanitary sewers in which the concentration of total suspended solids and BOD is not more than 250 mg/L, and COD is not more than 375 mg/L, and Total Phosphoro s is not more than 15 mg/L, and Total Kjeidahl Nitrogen is not more than 40 mg/L; and total flow is not more than 25,000 gallons per day. Wastewater that exceeds any of these stated items is thereby not "domestic wastewater." 4 APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 15. 'Easement" shall mean legal rights for specific uses of land by the grantee of the easement and/or all beneficiaries of the respective easement. Easements convey an interest in real property. 16. 'Environmental Protection Agency (EPA)' shall mean the United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said Agency. 17. "FOG Program" shall mean Fats, Oil & Grease Program. 18. 'Garbage" shall mean food wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, stcra.~ and sale of produce with no particle greater !ha,~ ~"~" ......... ~,~ ,t4~'~..-, ~.;'~ch. (1.27 centimeters) in any dimension. 19. "Grease" shall mean any material that is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in "Standard Methods" for the Examination of Water and Waste Manual, American Water Works Association (Includes Fats and Oils). 20. "Grease Interceptor" shall mean a pretreatment device designed and installed to separate ,~,,i,f~,~; ;',~;.~, ,.,;;s ,,nd other grease from entering the wastewater system. 21. "Grease Trap" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entedog the wastewater system. 22. "Hauled Waste" shall mean any water and/or wa.~:e, which has been removed and transported from any pit, sump, holding tank, septic tank, portable toilet, wastewater treatment facility or industrial facility. 23. 'Indirect Discharge" shall mean the discharge or introduction of non-domestic pollutants from any soume into wastewater facilities APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 as regulated under Section 307(b), (c), or (d) of the Clean Water Act of 1977, as now or hereafter amended or superceded from time to time. 24. 'Industrial User' shall be an Indirect Discharger that is the focus of control efforts under the national pretreatment program; includes all indirect dischargers subject to national categorical pretreatment standards, and all other indirect dischargers that contribute 25,000 gpd or more of process wastewater, or which make up five percent (5%) or more of the hydraulic or organic loading to the municipal treatment plant, subject to certain exceptions. (40 CFR 403.3 (t)) as now or hereafter amended or superoeded from time to time. 25. "Industrial Waste Surcharge" shall mean the monetary charge made in excess of the sewer service charge for all wastewater over and above normal wastewater. 26. "Industrial Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes, trades or businesses that has characteristics exceeding domestic wastewaters. 27. "Infiltration/Inflow" shall mean ground water and surface waters, which leaks into the sewers through cracked pipes, joints, manholes or other openings. 28. "Interference" shall mean the inhibition or disruption of the Publicly Owned Treatment Works processes or its operation, which contributes to a violation of any requirement of the County's state issued operating permit. 29. 'Manhole" shall mean a hole for which sewer, drains and pipes ' can be accessed for maintenance, repairs and sample collection. 30. 'May' is permissive as defined by the District. 31. "National Categorical Pretreatment Standard' or 'Pretreatment Standard' shall mean any regulation promulgated by EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act APR 2 2 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 of 1977 that applies to a specific category of industrial users and provides limitations on the introduction of pollutants into the publicly owned treatment works. The term includes the prohibited discharge standards under 40 CFR 403.5, including local limits (40 CFR 403.3), as now or hereafter amended or superseded from time to time. 32. 'Natural Outlet' shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. 33. "Noncompliance' shall mean any violation of any part of this Ordinance, local limits, industrial wastewater discharge permit, or National Categorical Pretreatment Standard. 34. "Oil Separator" shall mean a pretreatment device designed and installed to separate petroleum based oil and grease from wastewater. 35. "Owner" shall mean persons desiring or receiving service or any individual or entity that holds any title to real estate regarding the building or facility receiving wastewater service, including any tenant by the entireties, any co-owner, any tenant in common, etc. 36. "Person" shall mean any individual, firm, partnership, company, govemment entity, association, society, corporation, or similar or dissimilar group or entity. 37. "pH' shall mean the logarithm (base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 38. 'Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. 39. "Pollutant' shall mean any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munition, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt and/or industrial, 7 .0.__ APR 2 2 2003 PG. 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 municipal, agricultural or other waste discharged into any surface water or ground water of the State of Flodda. 40. 'Pretreatment or Treatment' shall mean the reduction of the amount of pollutant(s), the elimination of pollutant(s), or the alteration of the nature of pollutant properties of a wastewater to a less harmful degree pdor to or in lieu of dischar.qing or otherwise introducing such pollutant(s) into a County Publicly Owned Treatment Works. 41. "Pretreatment Requirements' shall mean any substantive or procedural requirement related to pretreatment other than a National Categorical Pretreatment Standard imposed on a non- domestic wastewater discharger. 42. "Private Sewage Disposal System" shall mean any individual on- site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. 43. "Publicly Owned Treatment Works (POTWS)" shall mean a treatment works .that is owned by the District. This definition includes sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing wastewater treatment. 44. "Public Sewer' shall mean a sewer that is owned by or is controlled by a public authority. This does not include utilities regulated by the Collier County Water/Wastewater Authority. 45. "Public Utilities Administrator' shall mean the individual designated by the Collier County Board of County Commissioners or by the County Manager to supervise the operation of the POTWS or that individual's duly authorized deputy, agent or representative. APR 2 2 200 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 46. 'Sanitary Sewer' shall mean a sewer that carries sewage and to which storm, surface waters and ground waters are not intentionally admitted. 47. 'Sewage' shall mean a combination of the water-carded wastes from residences, business buildings, institutions and/or industrial establishments, together with such ground waters and surface and storm waters as may be present. 48. "Sewage Treatment Plant" shall mean all facilities that treat and/or dispose of sewage. 49. 'Sewage Works' shall mean all facilities collecting, pumping, treating and disposing sewage. 50. "Sewer" shall mean a pipe or conduit for carrying sewage. 51. "Shall" and "Will" are mandatory as defined by the District. 52. "Significant Violation" shall mean a violation that remains uncorrected for forty-five (45) days after notification of noncompliance; or which is part of a pattern of noncompliance over a twelve (12) month period; or which involves a failure to accurately report noncompliance; or which results in the POTWS exercising its emergency authority to immediately halt or immediately eliminate a discharge. 53. "Slug" shall mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity of flow that may cause upset of the POTWS operation or exceeds for any period of duration longer than fifteen (15) minutes or more than five (5) times the average twenty-four (24) hour concentration of flows dudng normal operation. 54. 'State' shall mean the State of Florida, including any regulatory agency within the Flodda State government having jurisdiction over a particular subject or topic of concern in the context of this Ordinance. .0.__ ' APR 2 2 2003 ~,G.. _ !'7/ 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 55. "Standard Industrial Classification" "(SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, as now or hereafter amended or superseded from time to time. 56. 'Storm Drain" (sometimes 'storm sewer') shall mean a sewer that carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. 57. "Supplemental Service Charge" shall mean a monthly supplemental service charge for additional services required to monitor the wastes being discharged by users included in the Pretreatment Program and the Fats, Oil and Grease Program. 58. "Total Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removed by laboratory filtering. 59. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a toxic pollutant in the toxin regulations listed in the CWA Clean Water Act SECTION 307 promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean .Water Act, as now or hereafter amended or superceded from time to time. 60. "User" shall mean any person who contributes, causes, permits or suffers any contribution of wastewater into the County's POTVVS. 61. "Wastewater" shall mean a combination of the water-carried 62. wastes from residence, business building, institution, and/or industrial establishment, together with such ground, surface and storm waters as may be presenl. "VVastewater Director" shall mean the individual designated by the Public Utilities Administrator 'to supervise operations of the POTWS. 10 · APR 2 2 2003 PG.. J,..,~' , ~ · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 Bo 63. 'Watercourse" shall mean a canal or channel in which a flow of water occurs, continuously or intermittently. Abbreviations 1. "ASTM" 2. 'BED' 3. 'CBOD' 4. 'CFR" 5. "COD" 6. 'FDEP" 7. "EPA" 8. "FOG" 9. "rog/L" 10. "NPDES" 11. "POTWS" 12. "ppm" 13. "SIC" 14. "TSS" 15. "TKN" 16. "WEF" American Society for Testing and Materials Biochemical Oxygen Demand Carbonaceous Biological Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Florida Department of Environmental Protection U.S. Environmental Protection Agency Fats, Oil and Grease National Pollutant Discharge Elimination System Publicly Owned Treatment Works Parts Per Million Standard Industrial Classification Total Suspended Solids Total Kjeldahl Nitrogen Water Environment Federation SECTION TWO: Scope of Application of this Ordinance; Rules and Re.qulations A. The following Rules and Regulations apply throughout the geographic areas encompassing Collier County, including within municipalities, but limited to wastewater dischargers that are then directly or indirectly provided wastewater service by the District. To the extent, if any, that this Ordinance conflicts with any then applicable building code, plumbing code or other technical code, the most restrictive provision shall apply. B. Discharge of Industrial Waste. 1. Any Owner discharging Industrial Wastes into the wastewater collection system at the time of passage of this Ordinance shall submit a discharge permit application on the required form not 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 later than six (6) months after the effective date of this Ordinance. All industrial wastewater dischargers proposing to discharge into the District's wastewater system must file with the Distdct on forms furnished by the Distdct an additional application for discharge permit, clearly indicating the volume, the strength and the characteristics of waste discharged or to be discharged into the Public Sewer. If determined necessary by the District, analyses of the representative wastes must be made promptly by an approved independent laboratory and be submitted promptly with the application. Following initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use, waste volume, strength or other characteristics relevant to the purposes of this Ordinance, must require a promptly amended application to be filed for approval by the District prior to implementing the proposed alteration to the premises. All discharge permit and amended discharge permit applications will require payment of a fee to be paid when the application is filed. All review costs, in addition to the basic discharge permit fee, shall be borne by the permit applicant and must be paid in full prior to issuance of any discharge permit. It shall be unlawful for any User of the Distdct sewers to discharge industrial wastes into the public sewers without having obtained a discharge permit from the District. Applications for such discharge permits shall be made to the Distdct on forms provided by the District. All information that the Distdct deems necessary to determine potential impacts to the POTWS shall be provided by the applicant.. Discharge permits shall be Issued to the applicants by the District upon finding that the information set forth in the application will conform to the provisions of this Ordinance, and that the 12 APR 2 2 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 z6 27 28 29 30 proposed use will be compatible with the capacity, process, treatment and nutdent load of the District wastewater facilities. Discharge permits shall be valid for a term of three (3) years from the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial user is exceeding the peak quality and volume of effluent set forth in the odginal application and/or discharge permit conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent dudng the term of the permit, resulting from increase in production and/or changes in the production profile, beyond the scope of the discharge permit, such User shall file with the Distdct an amended application for a permit authorizing such change. Such permit shall not be reassigned or transferred to a new Owner, new User, or to different premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authorized representative of the District showing payment to the Distdct and County of the applicable connection charges and impact fees provided for pdor to the initiation of the services. All applicants for service, whether or not such service is to be provided to property within the Distdct area, expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. All cost and expenses related to the installation and connection of the building sewer shall be the responsibility of the Owner. The Owner shall indemnify the Distdct from any loss or damage that 13 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 27 28 29 3O 31 may directly or indirectly be occasioned by the installation of the building sewer. C. Discharge Quality Bond. To further assure compliance with the requirements of this Ordinance, all permitted Industrial Users, before receipt of the respective User's discharge permit, must deposit with the District a "Discharge Quality Bond" for the permit years. The Bond shall be payable to the County and District and shall be conditioned upon the Industrial User's faithful compliance with the provision of this Ordinance and all State and Federal' Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under this Ordinance resulting from the Industrial User's failure to comply with any of the provisions herein, and to the Industrial User fully indemnifying and protecting the County and the District from any and all penalties, damages and/or claims for penalties and damages (including attorney's fees and costs for defending any and all such claims, including appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Ordinance and/or the State and Federal Regulations relating to water pollution control. The amount of the discharge quality bond shall be set forth by Resolution of the Board of County Commissioners. The bond shall be approved by the County Attorney as a condition of issuance of any such discharge permit. General Prohibitions. 1. No user shall discharge, cause to be discharged, or suffer the discharge, of any storm water, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water and/or unpolluted industrial process water(s) to the County wastewater collection system. 2. No person shall enter, obstruct, uncover or tamper with any portion of the County sewer system, or connect to same, or 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O discharge any wastewater or any other substance directly or indirectly into a manhole or other opening in the County sewerage system except in strict compliance with ail requirements established in this (or incorporated by reference into Ordinance) and through service sewers approved by the Wastewater Director. The Wastewater Director may grant permission and establish requirements and policies for such direct discharge. No person shall remove or demolish any building or structure that has any plumbing fixtures connected directly or indirectly to the County sewer without first notifying the District of such intent. All openings in or leading to the County sewer line or lines caused by such work shah De sea~ea watertight and inspected by the District before being backfilled. 3. No person shall fill, backfill over, cover or obstruct access to any sewer manhole. 4. No person shall erect any improvement, structure or building over County sewer lines without prior express written permission to do so by the County's Wastewater Director. 5. Other discharge limitations established to prevent interferences with the operation or performance of the POTWS are specified by the following. Specific Prohibitions. 1. No User shall contribute, cause or suffer, to be contributed, directly or indirectly, any pollutant or wastewater which does or which will interfere with the operation or performance of the POTWS. These general prohibitions apply to all Users of a POTWS whether or not the User is subject to the National Categorical Pretreatment Standards or any other Federal, State, or Local Pretreatment Standards or requirements. A User shall not contribute any of the following substances to any POTWS: 15 APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 a. Any liquid, solid or gas which by reason of their nature or quantity are, or may be, sufficient - alone or by interaction with other substances - to cause fire or explosion or otherwise be injurious in any other way to the POTWS or to the operation of the POTWS. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor shall any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ether, alcohol, ketone, aldehyde, peroxide, chlorate, perchlorate, bromate, carbide, hydride, sulfide and/or any other substance(s) which the County, District, the State or the EPA has notified the User is a hazard to the system. b. Any solid or viscous substance(s) which may cause obstruction to the flow in the sewer or otherwise cause interference with the operation of any wastewater treatment facility such as, but not limited to, grease, animal gut(s) or tissue(s), paunch manure, bone(s), hair hide(s) or fleshings, entrails, whole blood, feathers, ashes, cinders, sand. spent lime, stone or marble dust, metal, glass, straw, wood or metal shavings, grass clippings, rags, spent grains, spent hops, used birth control and/or feminine hygiene produc,,s), wastepaper, wood, plastic(s), gas, tar, asphalt residue(s), residue(s) from refining or processing of fuel, or lubricating oil, mud, or glass grinding or polishing waste(s), and any garbage particles greater than one-half inch (1/2") in any dimension must be shredded. Waste human blood and blood products are prohibited in the 16 APR 2 2 2003 PG. ?/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 Co sewer system and shall always be classified and managed as infectious waste and should be treated by sterilization or incineration. After sterilization, the liquid portion can be safely poured off into a drain without violating this Ordinance. Any wastewater having any corrosive properties capable of causing damage or hazard to any structure, equipment, and/or personnel of the POTWS. Any wastewater containing any toxic pollutant(s) in sufficient quantity, either singularly or by interaction with other pollutant(s), to injure or interfere with any wastewater treatment process, constitute a hazard to humans and/or animals, create a toxic effect in any receiving water(s) of the POTWS, or exceed any limitation(s) set forth in the National Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant then identified as such pursuant to Section 307(a) of the Clean Water Act of 1977, as now or hereafter amended or supemeded from time to time.. Any noxious or malodorous liquid(s), gas(es), or solid(s) which either singularly or by interaction with other waste(s) are sufficient to create a public nuisance or a hazard to life, or are sufficient to prevent entry into any sewer for maintenance and/or repair. Any substance which may cause the POTWS effluent or any other product of the P,)TWS such as residue(s), sludge(s), or scum(s) to be unsuitable for reclamation and/or re-use, or to interfere with the reclamation process. In no instance shall a substance discharged to the POTWS cause the POTWS to be in noncompliance with sludge use and/or disposal criteria, guideline(s) or regulation(s) under 17 APR 2 2 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 Section 405 of the Clean Water Act of 1977 and 40 CFR Part 503, as now or hereafter amended or superceded from time to time; also any criteria, guideline(s), or regulation(s) applicable to sludge use and/or disposal pursuant to the Solid Waste Disposal Act, the Clean Air Act of 1977, the Toxic Substances Control Act, or State of Florida Criteria applicable to the sludge management method being used. g. Any substance that may cause the POTWS to violate its State of Florida operating permit(s) and/or any receiving water quality standard(s). h. Any wastewater with objectionable color not removed in or by the treatment process, such as, but not limited to, dye waste(s) and/or vegetable tanning solution(s). i. Any wastewater having a temperature that will or does inhibit biological activity in the POTWS resulting in interference, and in no instance shall any wastewater have a temperature at the introduction into the POTWS that exceeds 40~C (104QF). j. Any waste or waste containing any fat(s), wax, grease or oil(s), whether emulsified or not, in excess of one hundred (100) mg/L, or containing substances which may solidify or become viscous at temperatures between thirty-two (32QF) and one hundred four (104~F) (0aC and 40~C). k. Any pollutant(s), including oxygen demanding pollutant(s) (BOD, etc.) released at a flow rate a.~d/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTWS. In no instance shall a slug load have a flow rate or contain concentration or qualities of pollutant(s) that exceed for any time period longer than fifteen (15) minutes more than five times the 18 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 Oo average twenty-four (24) hours concentration, quantities, or flow during normal operation. Any wastewater containing any radioactive waste(s) or isotope(s) of such half-life or concentration as may exceed any limit(s) established under then applicable State and/or Federal Regulations. Any garbage that has not been properly shredded (see Section 2, paragraph E, item b.) The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Utilities Administrator or designee. Any water(s) or waste(s) containing strong acid iron pickling waste(s), or concentrated plating solution(s), whether or not neutralized. Any water(s) or waste(s) containing iron, chromium, copper, zinc, and similar objectionable toxic substance(s) and/or waste(s) exerting an excessive chlorine requirement as defined by the District, to such degree that any such material received in the composite sewage at the sewage treatment works or facility exceeds any limit(s) established by the Public Utilities Administrator for such materials. Any water(s) or waste(s) containing phenol(s) or other taste or odor-producing substance(s), in such concehtrations (exceeding any limit(s) established by the Public Utilities Administrator) after treatment of th~- composite sewage so as to meet all requirements of Florida, Federal and/or other public agency (or agencies) with jurisdiction over any such discharge(s) to percolation ponds, reclaimed water system, or groundwater wells. Material which exert or cause: 19 APR 2 2 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 i. Concentration(s) of inert suspended solid(s) (such as, but not limited to, sodium chloride and/or sodium sulfate) differing from that typically found in domestic wastewater. ii. High BOD, chemical oxygen demand, or chlorine requirement(s) in such quantities as to constitute a higher loading than normal wastewater on the sewage treatment workers. iii. High volume of flow or concentration of waste(s) constituting slugs. Water(s) or waste(s) containing substance(s) which are not amenable to treatment or to reduction by the sewage treatment processes then employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet all requirements of other agencies having jurisdiction over discharge to any percolation ponds, reclaimed water system or groundwater wells. Any wastewater, which causes a hazard to human life or creates any public or private nuisance. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any trucked or hauled pollutants which result in the present of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. Sludges, screenings, or other residues from the pretreatment of industrial wastes. Medical wastes, except as specifically authorized by the Division. 20 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 1 2 F. Local Limits. Detergents, surface-active agents, or other substances, which may cause excessive foaming in the POTW. All sewage service customers are prohibited at all times to discharge the following above their indicated concentrations: a. Cyanide 0.4 mg/L b. Arsenic 0.4 mg/L c. Cadmium 0.10 mg/L d. Total Chromium 0.9 mg/L e. Copper 0.1 mg/L f. Lead 0.2 mg/L g. Mercury 0.03 mg/L h. Nickel 0.9 mg/L i. Silver 0.1 mg/L j. Zinc 0.9 mg/L k. Oil/Grease 100 mg/L I. pH > 5.5 - < 11.0 pH Units The concentration set forth above shall automatically be deemed to be amended to comply with then applicable Flodda and/or Federal regulations because those regulations are hereby deeded to supersede this Ordinance. G. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede any limitations imposed under this Ordinance. The District (as a courtesy) shall try to notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12, as now or hereafter amended or superceded from time to time. 21 NO.._._~~ APR 2 2 2003 PG'-.°~7~-~ 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 I H. 2 3 Slug Discharges. 1. Each User shall provide the Distdct protection from slug discharge of prohibited materials or other substance(s) regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at no cost or expense to the County. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before any commencemenl of construction of the respective facility. Expenses for such review shall be borne by the User and shall be paid in full prior to final approval for the proposed construction. All existing Users shall complete such a plan within one (1) year of the issuance of the respective Discharge Permit. No User who commences contribution to the POTWS after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until slug discharge procedures have been submitted for approval to, and have been approved by, the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from its responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance. Pretreatment Standards. 1. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve and maintain compliance with all National Categorical Pretreatrnent Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pre-treat wastewater to a level acceptable to the District shall be designed, constructed, operated, and maintained by the User at no expense to the County and require prior approval from the District. 22 Acer ~F~/'". NO. - APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jo K. L. M. 2. All records relating to compliance with the referenced Pretreatment Standards shall be in Collier County and shall promptly and at no cost be made available for inspection and/or copying by the County, the District, the State, and/or the EPA. Alternative Discharge Limits. The User(s) may seek, at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined waste stream formula, and/or obtaining a fundamentally different factor variance through the procedures then outlined in 40 CFR, Part 403, as now or hereafter amended or superceded from time to time. Excessive Discharge. No User shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations of the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation of the County, the District, or the State. Pretreatment Facilities. 1. Approval of Pretreatment Facilities. If the District permits the pretreatment or equalization of waste flows, the design and installation of the plant(s) and/or equipment shall be subject to the review and approval of the District, and be subject to all requirements of all then applicable codes, ordinances, and/or laws. 2. Maintenance of Pretreatment Facilities. Where preliminary treatment or flow equalizing facilities are provided for any water(s) or waste(s), they shall be maintained continuously in satisfactory and effective operation by Owner and at no expense to the County. Fats, Oils and Grease (FOG) Program. 1. Use of Interceptors and Grease Traps under the FOG Program. All interceptors and Grease Traps shall be of a type and capacity 23 APR 2 2 2003 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 approved by the District and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of interceptors and grease traps shall be in conformance with the Florida Building Code; Sections 1003.1 - 1003.5. Wastewater with large amounts of grease shall not be discharged into the wastewater system and all grease traps shall be maintained in efficient operation at all times by the owner at no expense to the County. The owner shall be responsible for proper removal and/or disposal by appropriate means of captured material, and shall maintain within Collier County written records, the dates, amounts and means of disposal, all of which records are subject to review by the County upon demand. Every hospital, nursing home, jail, cafeteria, grocery store and restaurant (and any other establishment where food is handled or prepared for consumption or distribution) shall maintain all grease traps located on the premises, and all oil separators shall be maintained on a regular basis and must be functioning properly at all times, including but not limited to vehicle maintenance centers (recreational or otherwise), body shop, machine shop and/or any storage and/or use of any petroleum base product(s). The owner and/or operator of a premise or business upon pdor notice and at all reasonable times shall make each interceptor, grease trap or oil separator on the property open and available for immediate inspection by the County, and shall promptly provide the County with copies of all receipts for grease removal. Upon completion of an on-site inspection, the inspector may issue a written notice to the facility representative to document any discrepancies, noncompliances, enforcement actions, special instruction(s) or other guidance identified during the compliance evaluation. Each business shall pay a monthly Supplemental Service Charge as established by Resolution of the Board of County Commissioners. 24 APR 2 2 2003 ,G....2? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 No The use of any chemical(s) to dissolve grease is not permitted in the wastewater collection system. If grease accumulates in any wastewater collection line(s), the owner or operator shall be billed for all direct and indirect costs and expenses of cleaning such lines and for any other expenses incurred by the County with regard thereto. 2. Fats, Oils and Grease Program. Wastewatar containing cooking · oil should not be discharged into the wastewater system. Use of Manholes. When required by the District, the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable manhole built in accordance with the Collier County Utility Technical Standards Manual together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of all wastes. Such manhole, when required by the District, shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at no expense to the County. Each such manhole shall be maintained by Owner so as to be safe and accessible at all times. No person shall discharge or cause to be discharged to Collier County's sewer system any water and/or waste which has been removed and transported from any pit, sump, holding tank, septic tank, wastewater treatment facility, industrial facility or any other facility unless expressly authorized by the Distdct in advance and in writing. Such water and/or waste is referred in this Ordinance as "hauled waste.' Under no circumstances may hauled hazardous waste, as defined in 40 CFR 261 be discharged to any District facility. Hauled waste of commercial or industrial odgin or hauled waste of unusually high strength may be discharged only if the original source of the waste has received expressed pdor written approval from the District. Measurements, Tests and Analysis. All measurements, tests, and analyses of the characteristics of waters and wastes to which references 25 ~0._~~ ~ APR 2-2 2003 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 is made in this Ordinance shall be determined in accordance with the then latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Water Works Association, (or its successor in function) and shall be determined at the manhole provided, or upon suitable samples taken at said manholes, shall be carried out by customarily accepted methods in Collier County to reflect the effect of constituents upon sewage works and to determine the existence of hazard(s) to life, limb, and/or property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a site or premise is appropriate, or whether a grab sample (or samples) should be taken. Normally, but not always, BOD and total suspended solids analyses are obtained from twenty-four (24) hour composites of all ouffalls where pH samples are determined from periodic grab samples. Special Arrangements. 1. Nothing in this Ordinance shall prevent any special agreement or arrangement between the District and any industrial concern, whereby an industrial waste (or wastes) of unusual strength and/or character may be accepted by the District for treatment, when, in the judgment of the District, acceptance of same by the District will aid in treatment of such waste(s) by that industrial concern. 2. Determination of Acceptability. In forming the opinion as to the acceptability of the wastes, the District will consider such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other relevant factors. State Requirements; Federal Requirements. State requirements and limitations shall supersede this Ordinance if more restrictive than this Ordinance, and if Federal requirement(s) supersede the State 26 APR 2 2 2003 .G. 1 2 3 4 5 6 7 Requirement(s), the Federal requirement(s) shall control unless the Federal requirement provides otherwise. County's and District's Right of Revision. The County and District reserve the right to establish by Ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. 8 SECTION THREE: Reporting Requirements. 9 10 A. Baseline Report. 11 12 1. Within one hundred and eighty (180) days after the effective date 13 of a Categorical Pretreatment Standard, all Industrial Users 14 subject to National Categorical Pretreatment Standards shall 15 deliver to the District a written report containing not less than the 16 following information: 17 (a) The name and address of the facility including the name of 18 the operator and all Owners of five or greater percent of 19 the entity; 20 (b) A list of any environmental control permits held by (or for) 21 the facility; 22 (c) A brief (but complete) description of the nature, average 23 rate of production and Standard Industrial Classification of 24 the operations. This description must include a schematic 25 diagram of points of discharge to the POTWS from 26 regulated processes; 27 (d) The measured maximum single day flow, peak one (1) 28 hour flow, and the average daily flow from each process 29 stream, in gallons per day; 30 (e) The Pretreatment Standards applicable to each regulated 31 process. The User shall deliver to the County the results 32 of sampling and analysis identifying the nature and 33 concentration of regulated pollutants in the discharge from 27 NO., ACd'-'~ ~". APR 2 2 2003 Po. ,-~'-~ 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 each process. These samples shall be representative of daily operations and include both maximum and average daily concentration. Where feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible, a grab sample may be accepted. Where stream flow is less than or equal to two hundred and fifty thousand (250,000) gallons per day, the user must take three (3) samples within a (2) two-week period. Where stream flow is greater than two hundred and fifty thousand (250,000) gallons per day, the User must take six (6) samples within a (2) two-week period. Samples should whenever possible be taken immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques then prescribed in 40 CFR Part 136, or then existing amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Public Utilities Administrator determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods, as approved by the Environmental Protection Agency Administrator. The D,~trict may allow the submission of a baseline report, which utilizes only historical data if that data provides information is sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analyses 28 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 Bo (f) Categorical Pretreatment Standards Pretreatment Requirements. Compliance Schedule Reports. 1. is representative of normal work cycles and expected pollutant discharges to the POTWS; and A statement reviewed and signed by an authorized representative of the Industrial User and certified by a qualified professional engineer indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required to the industrial user to meet the National and associated The District shall require Industrial Users to develop compliance schedules required to meet National Categorical Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these pretreatment standards. The completion date of this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard. 2. The schedule shall contain increments of progress in the form of specific dates for completion of major events leading to the construction and operation of required pretreatment facilities necessary for the Indbstrial User to meet the applicable National Categorical Pretreatment Standards. No increment of such schedule shall exceed nine (9) months. No later, than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the 29 NO.~ s~# APR 2 2 2003 1 2 3 4 5 C. 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 increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. 90-day Compliance Report. 1. An Industrial User then subject to the National Categorical Pretreatment standards and associated Pretreatment Requirements will submit to the District within ninety (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new connector following commencement of wastewater discharge to the POTWS, a report indicating the nature and concentration, as well as the maximum single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTWS. 2. This report must indicate whether the applicable National Categorical Pretreatment Standards and associated Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatmant have been (or will be) implemented to bdng the user into compliance with the then applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement must be signed by an authorized representative of the industrial user and must be certified by a qualified engineering professional. Periodic Compliance Reports. 1. A User then subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements must submit to the District dudng the months of June and December, unless required more frequently in said Pretreatment Standards 30 APR 2 2 2003 I I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 or by the District, a written report indicating the nature and concentration of pollutants in the effluent that are limited by the referenced Pretreatment Standards. In addition, this report must include a record of the maximum single day and average daily flows being discharged dudng the reporting pedod. 2. At the discretion of the Distdct and in consideration of such factors as local high or Iow flow rates, holiday, budget cycles, etc., the Distdct may decide to alter the months dudng which the compliance reports are to be submitted by the particular User. These reports shall be signed by an authorized representative of the Industrial User prior to submittal. The District may impose quantum limitations on Users in order to meet the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements, or in other cases where the imposition of quantum limitations are appropriate in the judgment of the District. In each such case, the compliance report must indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the User. These reports must contain the results of sampling and analyses of the discharge, and must include a record of the flow, nature and concentrctlc.~, c: quantity in pounds where requested by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analysis will be preformed in accordance with the procedures established by the EPA Administrator pursuant to Section 304(g) of the Clean Water Act of 1977 and contained in 40 CFR, Part 136 and then existing amendments thereto, or with any other applicable and relevant test procedures approved by the EPA Administrator. Sampling will be performed in accordance with the techniques approved by the EPA Administrator. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant APR 2 2 2003 1 2 3 4 5 6 7 F. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 in question, sampling and analyses will be performed in accordance with the procedures set forth in the then current EPA publication entitled 'Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants' dated April, 1977, and then existing amendments thereto, or with any other sampling and analytical procedures then approved by the EPA Administrator. Notice of Potential Problems. 1. In the case of a slug discharge, the User must immediately telephone and notify the POTWS of the details of the incident, including the exact location of the discharge, type(s) of waste(s), concentration(s) and volume(s), and corrective action(s). The amount of information must be sufficient to enable the District to be able to evaluate the severity of the incident. 2. Within five (5) working days following a slug discharge, the User shall deliver to the District a detailed written report describing the cause of the discharge and all measures taken (to be taken) by or on behalf of the User to prevent any and all future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTWS, fish kills or any other damage to person and/or property; nor shall such notification relieve the User of any fines, civil penalties and/or other liability, duty or responsibility which may be imposed by this Ordinance and/or by any other applicable rule, regulation and/or law. 3. A notice shall be permanently posted on the User's bulletin board or other prominent place advising its employees who to call in th, event of a dangerous discharge. All employers shall ensure that all of its respective employees who may cause or suffer such a dangerous discharge to occur are aware of the emergency notification procedure. 32 APR 2 2 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 Noncompliance Notification. User must notify the POTW within twenty- four (24) hours of becoming aware of any violation of this Ordinance or any potential problems, which may occur due to the user's discharge. Periodic Compliance Report for Industrial Users not subject to National Categorical Standards. User must provide the POTW with the most current information on the User's discharge. This report will be submitted twice a year on dates provided by the District. Notification of Changed Discharge. User must notify the POTW of any anticipated changes in wastewater characteristics and/or flow, which may affect treatment. Notification of Hazardous Wastes Discharge. commencement of a discharge, User must Within 180 days after notify the POTW, the USEPA, and the State of Florida of hazardous wastes per 40 CFR Part 261. Notice of Upset. Within twenty-four (24) hours of becoming aware of an upset condition, User must notify POTW of unintentional and temporary noncompliance with categorical standards, and within five (5) working days a written submission including the following information is required: 1. Description of discharge and cause of noncompliance. 2. Period of noncompliance. Include dates and times. If upset is not corrected included anticipated duration. eliminate and prevent recurrence of 3. Measures take to reduce, noncompliance. Notice of Bypass 1. User must notify the POTW of noncompliance and potential problems, which may occur due to a bypass condition. Notice must be received ten (10) days prior to the date of the bypass. If bypass is unplanned, oral notice must be received with 24 hours of User becoming aware of bypass. A written notification must follow within five (5) days. 33 APR 2 2 2003' I SECTION FOUR: Monitoring end Inspections. 2 A. Monitoring Facilities. The District shall require construction, operation 3 and maintenance, at no expense to the County, of monitoring facilities to 4 allow inspection of the building sewer and/or internal drainage systems, 5 and sampling and flow measurement of the waste being discharged to 6 the PO'I'WS. Appropriate valves shall be included in design and 7 construction of such facilities to immediately and effectively halt 8 discharges under situations described by Section Two of this Ordinance. 9 The monitoring facility should normally be situated on the User's 10 premises, but when such a location would be impractical or cause undue 11 hardship to the User, the District may, if feasible, permit the monitoring 12 facility to be constructed in public right-of-way and be located so that it 13 would not be obstructed by landscaping or parked vehicles. Ample room 14 shall be provided in the area of such sampling manhole or facility to 15 allow accurate sampling and preparation of sampling for analyses. The 16 facility, sampling, and measuring equipment shall be maintained at all 17 times in a safe and proper operating condition at no expense to the 18 County. Whether constructed on public or private property, the sampling 19 and monitoring facility shall be constructed in accordance with the 20 District's requirements and all applicable local construction standards 21 and/or specifications. 22 B. Inspection and Sampling. The District shall inspect the facilities of any 23 User to ascertain whether the purpose of this Ordinance is being met 24 and that all requirements are being complied with. Persons or 25 occupants of the premises where wastewater is being generated and/or 26 discharged to the POTWS shall allow the representative of the District, 27 the State, or the EPA, immediate, free and ready access at all 28 reasonable times to all parts of the premises for the purposes of 29 inspection, sampling, records examination and/or records duplication, or 30 otherwise in the performance of any of their duties. The County 31 (District), the State, and the EPA shall have the right to set up on the 34 APR 2 2 200b 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 User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. In instances where a User has security measures in force which would require proper identification and clearance before entry into the premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from Collier County/District, the State, and/or the EPA shall be permitted to enter, freely and without delay, for the purposes of performing their work. Powers and Authority of Inspectors. 1. Duly authorized employees of the County/District bearing proper credentials and identification shall be admitted to all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with this Ordinance. 2. While performing work on private properties referred to herein, the authorized employees of the District shall observe all safety rules applicable to the premises as established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to freely and immediately enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspections, observation, measurement, sampling, repair and/or maintenance of any portion of the wastewater facilities lying within said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 4. Duly authorized employees of the County/District shall provide notice to any violator(s) that the violator has committed a violation of this Ordinance (including rules and regulations incorporated herein by reference) and shall establish a reasonable time period 35 · APR 2 2 2003 I within which the violator must correct violation(s) that are curable 2 or correctable. Such time pedod shall generally be no more than 3 thirty (30) days. If, upon personal investigation, an inspector finds 4 that the violator has not corrected the violation within the case 5 specific specified time period for compliance, an inspector may 6 issue a citation to the violator. An inspector does not have to 7 provide the violator with a reasonable time period to correct the 8 violation if the inspector has reason to believe that the violation 9 presents a serious threat to the public health, safety, and/or 10 welfare, or if the violation is irreparable or irreversible. 11 SECTION FIVE: Violation and Penalties. 12 A. Violations. Notice of Violation, Consent Orders, Show Cause Hearing 13 (a) When the District finds that a user has violated, or continues to 14 violate, any provision of this Ordinance, or order hereunder, or 15 any pretreatment standard or other requirement 16 ("Noncompliance"), the District may serve upon that User a 17 written Notice of Violation in person, or by facsimile, by certified 18 mail or by any lawful means of service. Within ten (10) work 19 days of receipt of this notice, the User shall deliver to the District 20 a written detailed plan for saiisfactory correction of all noticed 21 violations and for prevention of further recurrences thereof. 22 Submission of this plan in no way relieves the User of liability for 23 any violations occurring before or after receipt of the Notice of 24 Violation. Nothing in this Section shall limit the authority of the 25 District to take action, including emergency actions or any other 26 enforcement action, without first issuing a Notice of Violation. 27 (b) The District may enter into consent orders, assurances of 28 voluntary compliance, or other similar documents establishing an 29 agreement with any User responsible for noncompliance. Such 30 documents must include specific action to be taken by the User 36 APR 2 2 2003 /-// ! 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 to correct the noncompliance within a time pedod specified by the document. Such documents shall be judicially enforceable. (c) The District may order a User who has received a notice of violation to appear before the Distdct and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) work days prior to the hearing. Such notice may be served on any authorized representative of the User. A show cause headng shall not be a bar against, or prerequisite to, taking any other action against the User. Should any violation of any condition of this Ordinance occur, User will be subject to the penalties described in subparagraph B of this Section. Upset (a) An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) An upset shall provide an affirmative defense to noncompliance provided that proper notification and documentation are demonstrated. User must demonstrate that the facility was being properly maintained and operated at the time of upset. Temporary Bypass (a) User may allow any Temporary Bypass that does not violate pretreatment standards. 37 APR 2 2 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 26 27 28 29 30 31 (b) (c) Penalties. 1. Temporary Bypass which violates pretreatment standards is prohibited unless it was necessary to prevent loss of life, personal injury, or severe property damage. User must provide the District prompt written notification of justirmafion for any such Temporary Bypass within twenty four (24) hours of occurrence. When the District determines that a User(s) is contributing to the POTWS, any of the prohibited discharges in such amount(s), which do (or which threaten to) intedere with the operation of the POTWS, or may present an endangerment to the environment, the District has authority to immediately halt or immediately prevent any such discharge(s) to the POTWS. The District shall provide the User notice of this action in accordance with Section 5, paragraph F of this Ordinance. Subsequent to such notice, the District may allow the User up to thirty (30) days to deliver a response, which response must include the cause of the discharge and all corrective measures taken or to be taken. Wastewater service shall not be resumed until all such corrective measure(s) as needed have been undertaken to eliminate all threats of interference and/or endangerment to the environment. Following this specified response period in the specific instance, the District, as it determines necessary, shall begin development of effluent limitation(a) and a compliance schedule for such User to correct all interference(s) with the POTWS. Any person who fails or refuses to obey or comply with or violates any provision of this Ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. Such person upon conviction of such offense shall be punished by a fine (as specified herein) for each violation, or by imprisonment not to 38 APR 2 2 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 27 28 29 30 exceed sixty (60) days in the Counly jail, or both, in the discretion of the Court. Pursuant to the authority of Chapter 162.09, Flodda Statutes, the fine is not to exceed one thousand dollars ($1,000) per day per violation for a first violation, five thousand dollars ($5,000) per day for a repeat violation. In determining the amount of the fine, if any, the tder of fact may consider the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by that violator. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non- compliance may be considered as a separate offense. All expenses incurred by the County in regulating the incident, will be paid by the offending User(s). Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. Furthermore, enforcement in Court shall not prevent referral of the violation to any Code Enforcement Board. In addition, if the violator is within the jurisdiction of the Collier County WaterANastewater Authority, the matter may also be referred for enforcement to that Authority. If the violator is a tenant, license® or use permittee of the Collier County Airport Authorily, such violation shall also be a violation of the respective lease, license or use agreement. 39 APR 2 2 2003 pc. z/~ 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 7. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and District, and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. 8. All aspects of Sections 1-6 of the Collier County Code of Laws and Ordinance also apply to this Ordinance. Authority to Disconnect Service. The District may terminate water and wastewater disposal services and disconnect a User from the system when: 1. Acid(s) or chemical(s) damaging to the sewer lines or the treatment process are released into the sewer causing rapid or greater then normal deterioration of these structures, or interfering with proper conveyance and/or treatment of wastewater; or 2. A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a percolation pond, reclaimed water system or groundwater well, or it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or 3. The User discharges industrial waste or wastewater that is in violation of the permit issued by the District; or 4. The User discharges wastewater at an uncontrollable, variable rate, in sufficient quantity to cause an imbalance in the wastewater treatment systems; or 5. The User fails to pay a monthly bill for water or sanitary sewer services when due, or 6. The User repeats a discharge of prohibited waste(s) into public sewer. 40 N0._ ~ APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 Do Reasonable Service Conditions. 1. The District reserves the right to refuse to provide, or to cease providing, water and/or wastewater services to any connector for any good reason(s) which shall include, but not be limited to, use of water or contribution of wastewatar in such manner or form as to be injurious or detrimental to the general welfare of the system, its customers, or the community. The' District may require that pretreatment flow regulations or other remedial, preventive, or corrective facilities be installed (at no expense to the County) when the situation warrants provision and use of such facilities. 2. The District is authorized to immediately halt and/or immediately eliminate upon notice to the User in accord with Section 5, paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTWS, which does present (or may present) an imminent or substantial endangerment to the health or welfare of any person or any animal. Suspension of Services. 1. The District may suspend the wastewater treatment service and/or effluent permit when such suspension is deemed to be necessary, in the opinion of the District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTWS or causes the District to violate any condition of its FDEP Permit. Any person notified of a suspension of the wastewater treatment se~ice and/or the effluent permit shall immediately stop or eliminate the contribution, in the event of a failure of the person to comply voluntarily with the suspension order, the District shall take such 8top8 as by the District are deemed to be necessary, including initiation of legal action by the County Attorney and immediate severance of the sewer connection, to prevent or 41 APR 2'2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Eo minimize damage to the POTWS system or endangerment to any individuals. Absent other compelling reason(s) not to do so, the District shall reinstate the effluent permit end/or the wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the User describing the cause(s) of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the District within fifteen (15) calendar days of the date of occurrence. Revocation of Permit. 1. Any User who violates any of the following conditions of this Ordinance or applicable State and Federal regulations, is subject to having its permit revoked in accordance with the following procedures: 2. Failure of a User to report factually the wastewater constituents and characteristics of his discharge. (8) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics. (b) Refusal of reasonable access to the user's premises for the purpose of inspection cr monitoring. (c)Violation of conditions of the permit. Notice of Disconnection, Suspension, Revocation. The District shall attempt to notify User in writing prior to disconnecting, spending or revoking User's service or permit. Said notice should inform User of the sections of this Ordinance being violated, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice may result in disconnection, suspending or revoking User's service or permit. However, in emergency situations the District may disconnect, suspend or revoke User's service or permit prior to notification. User will, whenever 42 APR 2 2'2003 Pi;. ,.,~' 7 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 possible, be notified as soon as is reasonably possible after said action is taken. SECTION SlX: Confidentiality, Public Records Law. Confidential Information. 1. Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests confidentiality and demonstrates to the satisfaction of the County Attorney that the requested confidentiality is lawful applying the public records laws of the State of Florida, which are as of the effective date of this Ordinance is Chapter 119, Florida Statutes. 2. When requested by the User furnishing a report, portions of said report, if any, which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the government agencies for uses related to this Section, the State disposal permitting system and/or the State and Federal pretreatment programs provided, however, that such portions of a report shall be available for use by the State or other State agencies in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Notwithstanding any of the provisions of this Section, nothing shall be construed to imply that the County can or w,II violate any public records laws or any United States Government or Federal Act or Law, requiring disclosure of public records or otherwise. Any release of information or disclosure made by the County (including the District) in compliance with any such law(s) renders the County immune from any cause or claims based on any release of any such information. 43 HO._ '~_'~/ APR I SECTION SEVEN: Service Char¢3e and Fees._ 2 A. The Board of County Commissioners as Ex-officio Board of the Collier 3 County Water-Sewer District hereby adopts the Rates, Fees, and 4 Charges as set forth in Schedule 1; inclusive, appended hereto as 5 Appendix A, which shall be imposed upon all Users of the Collier County 6 Water-Sewer District services within the District boundaries and outside 7 the District boundaries subject to appropriate mutual agreements. 8 These rates, fees, and charges may be changed from time to time by 9 Resolutions of the Board of County Commissioners as Ex-officio Board 10 of the Collier County Water-Sewer District, provided the Board holds an 11 advertised public hearing with regard to the Schedule amendments. The 12 hearing may be placed on the Board's Summary Agenda and remain 13 there for final action of the Board if no one removes the matter from that 14 part of the agenda. 15 B. Charges and Fees. 16 1. The District may adopt charges and fees which may include but 17 are not limited to: 18 (a) Fees for reimbursement of costs of setting up and 19 operating the District's pretreatment program; 20 (b) Fee for monitoring, inspection and surveillance 21 procedures; 22 (c) Fee for reviewing accidental discharge procedures and 23 construction; 24 (d) Fees for permit applications; 25 (e) Fees for filing appeals; 26 (f) Fees for consistent removal (by the District) of pollutants 27 otherwise subject to Federal Pretreatment Standards; 28 (g) Amount of effluent bond; 29 (h) Fees for special arrangements; and 30 (i) Other fees as the District may deem necessary to carry out 31 the requirements contained herein. 44 APR 2 2 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 2. Wastewater system Users determined by the County to be included in the "FOG' (Fats, Oil and Grease) Program shall pay a monthly Supplemental Service Charge to be established by Resolution of the Board of County Commissioners. These charges are to pay for additional services required to monitor wastes being discharged by such Users. This charge shall be separate and distinct from the excess strength sewage service charge. This Supplemental Service Charge will be levied to cover costs for: (a) Monitoring, inspections and surveillance procedures; (b) Collection and analyses of wastewater samples; (c) Collection and evaluation of monitoring data; (d) Equipment servicing by an independent service company; and (e) Other requirements deemed necessary to implement the pretreatment program as delineated in this Ordinance. These fees are related solely to the matters covered by this Ordinance and are separate from all other fees chargeable by the District. SECTION EIGHT: Liberal Construction; Declaration of Exclusions from the Administrative Procedures Act. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. No part of any administrative procedures law(s), rules and/or regulations applies to this Ordinance. The laws, rules and regulations that will apply will be those of the forum to which the matter is referred for enforcement. SECTION NINE- Conflict and Seversbillty. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent 45 APR 2 2 2003 .PG. I provision, and such holding shall not affect the validity of the remaining portions 2 thereof. 3 SECTION TEN - Inclusion in the Code of Laws and Ordinances. 4 5 The provisions of this Article shall become and be made a part of the 6 Code of Laws and Ordinances of Collier County, Florida. The sections of the 7 Ordinance may be renumbered or relettered to accomplish such, and the word 8 "ordinance" may be changed to 'section", "article", or any other appropriate 9 word. 10 SECTION ELEVEN - Effective Date. 11 This Ordinance shall become effective upon being filed with the 12 Department of State, but the revised rates shall not go into effect until the 1st 13 day ofJune, 2003. 14 15 PASSED AND DULY adopted by the Board of County Commissioners as Ex- 16 officio Board of the Collier County Water-Sewer District this day 17 of ,2003. 18 19 20 21 22 23 24 25 26 27 28 29 30 A'I-rESTED CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX-OFFICIO BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: 33 Thom~s C. Pal ' 34 Assistant County Attorney 35 46 APR 2 2 20113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM REGULATIONS FOR DIRECT APPENDIX A-SCHEDULE1 The Sewer Surcharge is a mechanism to recover costs incurred when treating high strength wastes discharged by some industrial and commercial users to the wastewater system. These additional funds are needed to cover the cost of operations and maintenance at the Publicly Owned Treatment Works (POTW) and laboratory. A. Rates For Excess Strength Wastewater A customer discharging excess strength wastewater into the County's wastewater system shall be assessed a laboratory charge based on the cost of collecting and analyzing samples used to determine the strength and characteristics of the waste. Where automatic sampling equipment is required by the County or requested by the customer and such equipment is owned and/or maintained by the County, a monthly sampling charge shall be assessed based on the cost to the County of operation and maintenance of the equipment plus depreciation. The customer must be responsible for security of the automatic sampler. A customer discharging excess strength waste into the wastewater system shall be assessed normal strength wastewater charges in addition to excess strength charges calculated according to the following formula: Excess Strength Fee ($) =[Y/X - 1] x [Z] x [0.5 x A] Y = Measured concentration of wastewater constituent. X = Concentration of constituent in normal strength wastewater. Z = Thousands of gallons of excess strength wastewater discharged into the County's wastewater system. A = Normal strength wastewater rate per thousand gallons. Excess strength charges shall be applicable only to the following conventional constituents: COD, Total Suspended Solids and Total Kjeldahl Nitrogen. When COD is indicative of the excess wastewater strength, it shall be the preferred measurement parameter. Where the wastewater contains no more than one excess strength constituent, the charge shall be based on the constituent, which results in the greatest charge. 47 AGE! I'T~# ~ APR 2 2 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 WASTEWATER PRETREATMENT PROGRAM APPENDIX B - SCHEDULE OF FEES, RATES AND CHARGES iTi~M CHARGE Industrial User Permit Appl~ation Fee (based on 7-man hours $155.00 :)er permit) Industrial User Amended Permit Application Fee (based on 5 man hours per permit $110.00 Industrial User Permit Fee Discharge in gallons per day 0- $ 300.00 24,999 Industrial User Permit Fee Discharge in gallons per day 25,000- $ 450.00 49,999 Industrial User Permit Fee Discharge in gallons per day 50,000- $ 600.00 99~999 Industrial User Permit Fee Discharge in gallons per day greater $ 750.00 than or equal to 100,000 per day Review of accidental discharge procedures and construction $ 65.00 (based on 3 man-hours per review) *Monthly Supplemental Service Charge (FOG) Program $12.00 Establishments **Total Suspended Solids Analysis (TSS) $15.00 ** Total Kjeldahl Nitrogen (TKN) $15.00 **Chemical Oxygen Demand Analysis (COD) $15.00 Industrial User Inspection $ 75.00 Automatic Sampler Usage Fee Per Day $ 40.00 *Monthly Supplemental Service Charge For Establishments that fall under the Fats, Oil and Grease Program (FOG). Charges are based on two inspections annually, sampling and analysis of COD and TSS and report preparation. ** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater Department for purposes of an individual user with the Sewer Use Ordinance shall be charged to the user, who shall reimburse the County promptly upon receipt of said charge. This charge is subject to increase or decrease according to the prevailing average cost per test. 48 APR 2 2003 PG. _. ~'--~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO EDUCATIONAL FACILITIES AUTHORITY OBJECTIVE: To appoint 1 member to serve a 5-year term, expiring on April 23, 2008, on the Educational Facilities Authority. CONSIDERATIONS: The Educational Facilities Authority had 1 term expire. This 5- member authority was established by the BCC on March 23, 1999 by Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax-exempt financing of its now administrative/classroom facilities planned for the Northbrook College PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. A list of the current membership is included in the backup. Barbara Minch Rosenberg's term expired on March 23, 2003. A press release was issued and one resume was received from the following interested citizen: APPLICANT CATEGORy Barbara Minch Rosenberg I N/a Re-Appointment COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. Industrial Development Authority Barbara Minch Rosenberg FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Comrrfissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 ~GENDA ITEM /47P, 2 2 Pg. Collier County Educational Facilities Authority 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 (941) 263-8989 Alice J. Carlson, Chair March 25, 2003 Sue Filson Executive Manager Board of County Commissioners Collier County Courthouse, Building"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Appointment to Educational Facilities Authority Dear Sue: The Educational Facilities Authority has discussed the re-appointment of our current member, Barbara Rosenberg, whose current term has expired. Barbara has served the Authority for many years and the Authority relies heavily on her experience and knowledge, and recommends her reappointment. If you need further information, please give me a call. Chair Name Educational Facilities Authority Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Ross P. Obley 802 Slashpine Court Naples, FL 34108 District: Category: Mr. John Agnelli 343-5888 2900 South Horseshoe Drive Naples, FL 34103 District: Category: 3 Ms. Barbara Minch Rosenberg -243u w~md Day ~r~~,t,~l~ Db~t: Catego~ : Mr. J. R. Humphrey 3963 Enterprise Avenue Naples, FL 34104 District: Category: 643-2010 Ms. Alice J. Carlson 2730 Leeward Lane Naples, FL 34013 District: Category: 435-3988 03/23/99 03/23/01 06/12/01 06/12/05 Term 2nd Term 2 Years 4 Years 03/23/99 03/23/00 1 Year 06/12/01 06/12/05 4 Years 03/23/99 03/23/03 03/23/99 03/23/04 5 Years 03/23/99 03/23/02 3 Years 09/24/02 09/24/06 4 Years 4 Years L~ It.'ednesday, September 25, 2002 Page I of 2 - Educational Facilities Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Established by the BCC on March 23, 1999, Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 - (Higher Educational Facilities Authorities Law) to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax-exempt financing of its now administrative/classroom facilities planned for the Northbrook Village PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. FL STAT 243.18 - 243.40 Staff.. Don Pickworth, Attorney: 263-8060 It"edn~sday, September 25, 2002 Page 2 of 2 MEMORANDUM DATE: February 21, 2003 TO: FROM: Elections Office ~ Sue Filson, Executive Manager ~ Board of County Commissioners-- 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. EDUCATIONAL FACILITIES AUTHORITY Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 Thank you for your help. MEMORANDUM- DATE: TO: FROM: February 21, 2003 Don Pickworth, Attorney Sue Filson, Executive Manager'~ Board of County Commissionerff Educational Facilities Authority As you know, we curremly have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment within the 41 day time-fi.me, and I will prepare an executive sunmm'y for the l~oard's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Hilton Grand Vacations Company February 18, 2003 Sue Filson Executive Manager Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 341124977 Dear Ms. Filson: Attached please f'md 2 applications and my resume for reappointment to the Industrial Development Authority and the Educational Facilities Authority. Th/an~g you in advance. //Barbara Minch Rosenberg 599 South Collier Blvd~ Suite $09, Marco Island, FL 34145 Tel: 94,1 389 2771 Fax: 941 :i89 244~ Reservations: www. hilton.com or 1-80041ILTONS Board of County Commissioners 3301 East T',finiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Board or Committee Applied for: Catego~ (if applicable): Exampl{: Commi~ion Di~tri~l, D~wlo~r, ~nviro~m~t~li~, I~y ~mo~, {t~. Are you a registered voter in Collier Connty: Yes ~ No Do yon ~nrrently hold pnb~, office? Ye~ No ~ If~o, ~at i~ that offie,? Do you now se.e, or have you ever se~ed, on a ~lier Fou.~ b~rl or ~mj~ee?.Y~ ~:. If ye~ pl~e li~ the commi~e~oards: ~~. ~_ ~ Please list y .oxjr ~ommuni~ ~ct~vities (c~clubs,, ne!g~_borho_o.~ associations, etc. and positions held: ~t~.~.. (_~.J/~ ~ . ~ ~ ~ . ~ Education: Experience: Pg Please attac any a tHtional ' ~ ' y fl p ' 'pp f~ , ~ g_. ~ Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wisk, please fax your appficatlon t~'~J4~TY~-of~[~;'=''-''~''''''' e-mail to sue~lso~, olliergov, net. Tkank you for volunteering to ser~e tk¢ cit~ns of Coll~ CotmOr. 2000- Present 1999-2000 1996- 1998 1994- 1996 1982- 1994 Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 592-6199 PROFESSIONAL EXPERIENCE Regional Operations Manager Hilton Grand Vacations Co. Broker-salesperson at John R. Wood, Select One Broker-salespersOn at Calusa Bay Broker-salesperson at The Crescent at Pelican Bay President and General Manager of Operations for Hilton Grand Vacations Company, new management company for The Charter Club of Marco Beach®. Alfred McAIpine Resorts sold the Management Company in 1993. PREOFESSIONAL AFFILIATIONS AND LICENSES Marco Island Area Chamber of Commerce-Board of Directors 2002 - Present President Marco Island Area Chamber of Commerce 1989 - 1990 Y.M.C.A. Board Member and Benefactor , 1986 - 1991 Who's Who in U. S. Executives 1990 Collier County Educational Facilities Authority 2000 - Present Collier County Industrial Development Authority (vice chair) 1992 - Present North Naples Rotary Club 1991 - Present Director Marco Association of Realtors 1992 - 1993 Florida Real Estate License 1970 - Present Florida Brokers License 1986 - Present Commissioner Marco Island Fire District 1991 - 1992 Women's Council of Realtors 1972 - 1994 Building Managers Institute 1990 - 1994 Leadership Collier Graduate (Alumni) 1989 - Present EDUCATION Graduated Erasmus Hall High School, Academic Studies Attended Miami Dade Community College Consistently participate in continuing education courses to maintain the highest level of awareness and professionalism. References Upon Request EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY OBJECTIVE: To re-appoint 1 member to serve a 4-year term, expiring on April 22, 2007, on the Health Facilities Authority. CONSIDERATIONS: The Board of County Commissioners created the Health Facilities Authority of Collier County on November 20, 1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the Authority is to assist health facilities in the acquisition, construCtion, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. A list of the current membership is included in the backup. Dr. Joan Colfer's term expired on June 15, 2002. A press release was issued and one resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Dr. Joan Coifer I N/a I N/a lYes [ Health Facilities Authority COMMITTEE RECOMMENDATION: Dr. Joan Colfer FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 Collier County Health Facilities Authority 5150 Tarniami Trail North, Suite 502 Naples, Florida 34103 (941) 263-8060 N. Rex Ashley, Chairman George C. Mohll~e, Jr. Joan M. Coif er, M.D., ~}t.P.H. March 25, 2003 Board of County Commissioners of Collier County Attn: Sue Filson, Executive Manager 3301 East Tamiami Trail Naples, FL 34112 RE: Collier County Health Facilities Authbrity; Appointments Dear Ms. Filson: The term of Joan M. Colfer as member of the Health Facilities Authority has expired and we highly recommend her reappointment. Her knowledge and perspective as Collier County Health Director is invaluable to the Authority. If you should have any questions or require additional information, please do not hesitate to contact me. Very truly yours, 1/ · ,..i "t,- . .-'? t.--~-.,, ..... ...... N. Rex Ashley Chairman ~me Mr. N. Rex Ashley 1044 Castello Drive, #106 Naples, FL 34103 District: 4 Category: Mr. George C. Mohlke, Jr. P.O. Box 2312 Naples, FL 34106 District: 4 Category: Dr. Joan Colfer 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Health Dept. Director Mr. Mike Davis -~-e-e L~ ~ 6120 ~'., ~'-";s~ ,a Naples, FL 34116 6' ~ District: 3 Category: Mr EdwXard J- O.a~s, Jr. ~c,{ 2935 Bel~x~)~r Lane ,.64 0 0 Naples, FI~4105 ~ District: / \ Category: Health Facilities Authority Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 261-7200 03/27/01 03/27/05 262-1410 03/27/01 03/27/05 774-8210 04/11/00 06/15/02 643-1777 06/16/98 06/15/02 455-2818 Term 2nd Term 4 Years 4 Years 2 Years 4 Years 11/23/99 11/23/03 4 Years 262-7160 Wednesday. March .8, 200~ Page I of 2 Health Facilities Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authority was created on November 20, 1979, by Ordinance No. 79-95'in accordance with Chapter 154 of the Florida Statutes. The purpose of the authority is to assist health facilities in the acquisition, construction, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. Members are subject to filing a Financial Disclosure Form I annually with the Supervisor of Elections. Qualifications: County Resident, 18 years of age. Terms are 4 years. FL STAT Chapter 154 Sta~O~: Donald A. Pickworth, Attorney: 263-8060 ~P'edn~sda). ; ..~larch 28, 2001 Page 2 of 2 MEMORANDUM DATE: February 21, 2003 TO: FROM: Elections Office er~~. Sue Filson, Executive Manag Board of County Commissioner~/--J ' P.E: 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. HEALTH FACILITIES AUTHORITY Joan M. Colfer 65 Anchor Court Marco Island, FL 34145 COMMISSION DISTRICT Thank you for your help. MEMORANDUM' DATE: TO: FROM: February 21, 2003 Don Pickworth, Attorney /~ Sue Filson, Executive Manager. Board of County Commissione~d Health Facilities Authority As you know, we currently have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joan M. Colfer 65 Anchor Court Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment within the 41 day time-frame, and I will prepare an executive summary for the Eloard's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AO-~ENDA IT~4 Jeb Bush Governor February5,2003 HFLOR[I)A DEPARTMENT OF EALT John O. Agwunobi, M.D., M.B.A. Secretary__ Sue Filson Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson: I recently received an updated application for the Health Facilities Authority Board. I am interested in continuing to serve on the board. Please accept my completed application and I have also enclosed my curriculum vitae. If you have any questions, please contact me at 530-5332. ~.~erely, , d J_c~an M. Colfer, M.D.,/M.P.- ~ector Enclosures Collier County Health Department 3301 Tamiami Trail E * Bldg. H Joan M. Colfer, M.D., Mailing Address: Naples, Florida * 34112-4961 M.P.H., Director Post Office Box 429 Telephone (239) 774-8200 Naples, Florida * 34106-0429 County Board of County Commiss{oners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Joan M. Colfer~ M.D.~ M.P.H. Home Address: 65 ~r~c~hor Court Fax No. 774-5653 Business Phone: 530-5332 Home Phone: 393-2275 .Zip Code: 34145 e-mail address: Joan Col fe~oh, state, fl. u~ Business: Collier County Health Department Board or Committee Applied for: Health Facilities AuthoviL~_ Category (if applicable): Example: Commkssion District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes If so, what is that office? No X Do you now serve, or have you ever served, on a Collier Coufity board or committee? Yes X No If yes, please list the committees/boards: Health Facilities AuthorXty: Health & I~ ~m~r~ So_rv~ ~es Advisory Commtttee Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: see attached C5; Education: --.cc attached CV Experience: previous Health Facilities Authority t~?~-d _Mo_tuber Please attach any additional information you feel pertinenL This application should be forwarded to Sue Fiison, Executive Manager to the Board of Coun(~ Commissioners, $$01 East Tamiami Trai~ Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or e-malitosuefdson~.coliiergov, ne~ Thankyouforvolunteetingtoservethe "*citlz~-nsofColllerCoumy. Joan M. Colfer, M.D., M.P.H. 65 Anchor Court Marco Island~ Florida 34145 239-393-2275 EDUCATION AND TRAINING University of Delaware, B.A. Psychology, 1973 Universidad Autonoma de Guadalajara, M.D., 1977 Maryland General Hospital 1977-1978,.Fifth Pathway Maryland General Hospital 1978-1979, Categorical OB/GYN Intern Union Memorial Hospital 1979-1980, OB/GYN Resident Johns Hopkins University, School of Hygiene and Public Health, M.P.H., 1981 Major: Maternal and Child Health Academic Year of Preventive Medicine Residency Training 1980-1981 Practicum Year of Preventive Medicine Residency Training 1981-1982 Maryland Department of Health and Mental Hygiene, 1982-1983 Additional year of Public Health Residency Training EMPLOYMENT HISTORY Director of the Collier County Health Department, February 2000 to present Director, Bureau of Disease Control-Towson, Maryland, September 1993-February 2000 · Supervised communicable disease, cancer, dental health and medical environmental health programs. · Consulted with other county agencies on issues, which include lead in school drinking water, asbestos, and special medical waste. · Made directly observed tuberculosis therapy available to private physicians and their patients. · Brought renowned CDC STD training'program to Baltimore County clinic physicians. · Implemented the CLIA (Clinical Laboratory Improvement Amendment) program for Baltimore County Department of Health. · Made large federally funded Breast & Cervical Cancer Program available to over 1,500 low-income Baltimore County women. · Implemented the Maryland Occupational Safety and Health OVIOSH) Tuberculosis program. 2003 Director, Bureau of Preventive Services July 1992-September 1993 · Served as medical consultant to Baltimore County public and parochial schools. · Managed large school health nursing program. · Supervised all maternal and child health services. · Opened first school based clinic in Baltimore County. · Implemented first school based immunization programs in Baltimore County elementary' schools. Maryland Department of Health and Mental Hygiene 1983-1992 Director of Program Services, Local and Family Health Administration · Started statewide home health agency assuring the state and local health departments of over five million dollars in federal Medicaid dollars. · Medical consultant to 24 local health departments in Maryland. · Developed a response system to the problem of special medical waste in all local subdivisions. Worked with the Maryland Department of the Environment to isshe state guidelines and regional training programs. · Provided medical coverage as acting health officer when vacancies occurred. Covered Somerset County with a staff of 75 employees and a budget of approximately 2 million dollars, covered Wicomico County with 200 employees and a budget of 5 million dollars. · Reviewed and testified on major public health legislation before the Maryland General Assembly. · Co-chaired the Health Officers Monthly Round Table, a forum for discussing major health issues in Maryland. Assistant Director, Preventive Medicine-Public Health Residency Program. · Provided day-to-day supervision of residents. · Recruited and selected all candidates for training. · Provided public health rotation for medical students. · Monitored and evaluated resident's research projects. · Maintained residency accreditation with the Accreditation Council on Graduate Medical Education. MEDIA INTERVIEWS Golden Lifestyles, Channel I O-Naples, Florida, October 200 Pg. ~ · Asbestos in a Baltimore County School-Channels, 2, 11, 13, 45, September 1993. · Lead in School Drinking Water-Towson Times, February 1994. · Immunization in Elementary Schools-Baltimore Sun, March 1994. · Rabies-Comcast, April 1994. · Lead as a Public Health Problem-Interview with Ron Matz, Channel 13, March 1994. · Is there TB at the Social Security Administration Building? Interview with Josh Taylor, Channel 45 and Channel 13, March 1995. PRESENTATIONS Collier County Health Department Programs, Rotary Club-Naples, Florida, October 2000. Implementing Maryland's Birth Defects Registry training offered regionally to Maryland hospitals, physicians, and nurses-1983. Standards for Local Health Departments panel presenter at the American Public Health Association meeting in Anaheim, California, 1984. Model Standards Concepts, part of daylong program taught in all local health departments, 1987. Implementing Model Standards in Maryland, Public Health practice courses, Johns Hopkin~ School of Hygiene and Public Health, 1988. Medical Waste Update, Annual DHMH Communicable Disease Seminar, 1989. An overview of Maryland's Public Health System, taught as introductory lecture to University of Maryland academic year Preventive Medicine Residents, 1990. Competency Based Outcome Measures for Preventive Medicine Residents, presented at the American College of Preventive Medicine meetings in Baltimore, Maryland, 1991. History of Tubemulosis Programs in Maryland, presented at Regional Tuberculosis Update, 1991. Budget presentation before the Wicomico County Council to assure continued funding for $5 million in public health programs, 1991. Services coordination to benefit Baltimore County Citizens League of · ' Women Voters, 1993. Baltimore County Health Department budget presentation to the Baltimore County Chamber of Commerce, Executive Management Seminar, 1993. Current Recommendation for the Control and Treatment of TB, Grand Rounds at Franklin Square Hospital, 1994. Rabies in Maryland, Comcast Cable TB, 1994. World AIDS Day, December 1, 1994. · When a Co-worker has Tuberculosis, Social Security Administration, March 1995. CERTIFICATION AND LICENSURE · Florida Medical Licensure, February 2000-License Number ME 70867 Licensed to practice medicine in Maryland, Registration Number D 27059. · Board Certified in Preventive Medicine and Public Health. MEMBERSHIPS IN PROGESSIONAL SOCIETIES · Collier County Medical Society. Baltimore County Medical Association, Alternate Delegate to the State Medical Society; Co-Chair of the Membership Committee. Past Vice President of the Resident Physicians Section of the State Medical Society. · American Public Health Association. · American College of Preventive Medicine. APPOINTMENT, COMMITTEES AND BOARDS A.G. Holley State Hosi~ital Board of Directors Health and Human Services Board, Collier County Health Facilities Authority Board, Collier County University of Maryland School of Medicine Adjunct Assistant Professor, Department of Epidemiology and Preventive Medicine. Implemented the first Public Health Practice course offered to the University of Maryland 1st year residents on site at the Maryland Department of Health and Mental Hygiene. Advisory Committee to the Preventive Medicine Residency Program. · John Hopkins School of Hygiene ~d Public Health Standing Committee on Preventive Medicine Residency Program, . Chair of sub-committee on Curriculum, responsible for developing the first set of competency based objectives for residency training. Presented at the American College of Preventive Medicine meetings, Spring 1991. · Associate Professor-Department of Health Policy and Management American College of Preventive Medicine Item writer for Board Examination in Preventive Medi ' ... AGEND,*A .T.T.T.T~,t NO. "'l(-I ,,. ~ r:,~ ,, -, 2003 , ~Delta Omega Honorary Public Health Society Elected April 1994. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HOUSING FINANCE AUTHORITY OBJECTIVE: To appoint 2 members to the Housing Finance Authority: 1 to fulfill the remainder of a term expiring on August 3, 2005 and 1 reappointment expiring on April 13, 2007. CONSIDERATIONS: This 5-member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Terms are 4 years. A list of the current membership is included in the backup. Mr. Gary D. Lind's term expired on April 13, 2003 and Mr. John T. Conroy, Jr. resigned effective August 2002. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT JGary D. Lind Suzanne Bradach CATEGORY Re-Appointment New Appointment DIST ELECTOR ADV. COMM. N/a Yes Housing Finance Authorit~ N/a Yes None COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Gary D. Lind, expiring on April 13, 2007 Suzanne Bradach, expiring on August 3, 2005 GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 Housing Finance Authority of Collier County 5150 Tamiami Trai! North, Suite 502 Naples, Florida 34103 (941) 265-8060 March 24, 2003 Board of County Commissioners of Collier County Attn: Sue Filson, Executive Manager 3301 East Tamiami Trail Naples, FL 34112 RE: Appointments of Members Dear Ms. Filson: In response to your recent press release advising of existing or upcoming vacancies on the Housing Finance Authority of Collier County, you have received responses from Gary D. Lind, the Chairman of our Authority, requesting reappointment and from Suzanne Bradach, requesting appointment to a vacancy. Ms. Bradach has unique experience that will be very valuable to the Authority. Since one of our primary activities is the issuance of tax-exempt bonds for low and moderate income housing, Ms. Bradach's experience as a financial consultant in structuring tax-exempt health care financing will be extremely useful to the Authority, while not involving her in a conflict with her employment. Gary Lind has served the Authority for many years, as member, secretary, and currently as chairman. The Authority highly recommends the appointment of both of these individuals. If you should have any questions or require additional information, please do not hesitate to contact me. Very truly yours, T. M. Hayes Secretary Housing Finance Authority Name Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate MY~hn T. Conro~,~Yr. 3255 NXo~th Tam1'~i Trail Naples,~03 Category: Commerce 261-3400 08/05/80 08/01/81 06/25/02 08/03/05 Term 2nd Term I Year 4 Years Mr. T. M. Hayes 150 North Street Naples, FL 34108 District: Category: Accounting 262-8686 566-3614 10/12/99 10/I2/03 3 Years Mr. Michael J. Can', Sr. 11466 Longshore Way, W. Naples, FL 34119 District: 5 Catego~.: Finance & Real Estate Mr. George C. Mohlke, Jr. 1400 Pompei Lane, Unit~45 Naples, FL 34106 / District: 4 Catego~.: Labor and Commerce 261-1113 591-4295 06/25/02 06/25/06 4 Years 262-1410 06/25/02 04/13/03 10Mos. ~ Mr. Gary D. Lind 400l Tamiami Trail North Naples, FL 34103 District: Category: Finance 262-8800 03/21/95 03/21/99 04/13/99 04/13/03 4 Years 4 Years 3[onday, June I Z 2002 Page .l of 2 Housing Finance Authority Name tForl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance, or commerce. Terms are 4 years. FL STAT 159 Staff.. Attorney Don Pickworth: 263-8060 3[onda.}; June 17, 2002 Page 2 of 2 MEMORANDUM DATE: February 21, 2003 TO: FROM: Elections Office Sue Filson, Executive Manager'~ Board of County Commissionerk~/' 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. HOUSING FINANCE AUTHORITY COMMISSION DISTRICT Gary D. Lind 4851 West Boulevard Naples, FL 34103 Suzanne Bradach 3133 Carriage Circle Naples, FL 34105 Thank you for your help. MEMORANDUM~- DATE: TO: FROM: February 21, 2003 Don Pickworth, Attorney Sue Filson, Executive Manager,~ Board of County Commissionet~d' ' Homing Finance Authority As you know, we curremly have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Gary D. Lind 4851 West Boulevard Naples, FL 34103 Suzanne Bradach 3133 Carriage Circle Naples, FL 34105 Please let me know, in writing, the recommendation for appointment within the 41 day time-frame, and I will prepare an executive sununm3, for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AxR 2 2 2003 i NORTHERN TRUST BANK Fax :2'59-262-8579 Feb 18 2005 16:05 P. 01 pag CncluCmg ~hone '- ~ .. (!i~.1) 2S2.-B37B message I~ th~ intandsd re,plant, you are hereby notified that any die,ruination. this csmmLmicat~on is st~ic~' ¢n=hibttad. If you have r,,ceived this c~mmunic:~tion the sender. Thank you. NORTHERN TRUST D:tNK Fax:239-262-8579 Feb 18 2003 16:06 Cailler County Home ] BCC I Application for Advisory Comrhittees/Boards P. 02 Page 1 of 2 Board of County Commissioners 3301 Esot Tmniami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Board o~Com~n~ Applied for: -~~/~ ~/~~~ E~mple: Co~ D~ ~op~, ~meG~lis~ lay penon, Are you · r~ered Voter in Collier Count: Yes ~ No Do you cu~enfly hold public office ? Y~ If so, what ~ ~st office ? Do you now serve, or have you ever served, on a Collier County board or Committee? Yes r~_ No Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: A~/~'~ /,,L) ~' _~t,~'__ ~'/7"-S- °//e~'~'~'/~'~'~ ~ ~ Please attach any additional lnformatmn you feel pertinent. This application should be forwarded to Sut Filsono F..r~:utive Manager to tl~ Board of County Commixsiontr& 3301 East ~'amiami Trail° Napl¢~:o FL 3411~sh, pl~a~e fax your at,pllcatlon to (940774-$602 or e-mall to ~'uefilxon@coiltergov, net, Thanl~ you for volunteering~-o-~d~~~°l~r'~ County. ! http://www.¢ollicr§ov.nct/b e¢/advi~ory%20applicafion, hma ! L Pg._ 18103 Feb lB 03 02: 13p Edward W. Houck (~41) ~4S-1053 p.2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: _ Suzanne Bradach Home Address:_ 3133 Carriage Circle Fax No.. 239-263-2402 Business Phone: 239-949-6115. Business: Bonita Communi Health Center Board or Committee Applied for: Housing Finance Authority Home Phone: 239-262-3825 Zip Code:_34105 e-mail address: bradach~earthlink, net Category (if applicable): Example: Cammis$ion District~ Developer, environmzntalist~aY per,on, etc. Are you a registered voter in Collier County: Yes X ~No Do you currently bold public office? Yes No X If so, what is that office?. Do you now serve, or llavc you cvcr ~cv~l, on a Collier County board or committee? Yes __ ~ No X If yes, please list thc committees/boards:. Please list your community activities (civic clubs, neighborhood associations, e~c. and positions held: Chairman, Plan Development Committee, Health Planning Council of Southwest Florida Education: University of South Florida, Masters of Business Administration, 1987 Indiana University, Bachelor of Science, 1979 Experience: 2000-Present, Independent Practitioner and Health Planner, current engagement with Bonita Community Health Center, Acting Chief Executive Officer since August 2002; 1982-2000, NCH Healthcare System; Vice President, Corporate Planning and Development 1990-2000, Corporate Finance Specialist 1986-1990, Assistant Controller 1983-1986; Accountant, 1982-1983. 1979-1981, Southlake Mental Health Center, Manager of Client Accounts, Accountant University Appointments - Adjunct faculty, National-Lewis University, Division of Health ershl Ad unct faculty, Barry UniVersity, Frank J. Rooney~laaalaxL~antixmi~.,-~q~ Systems Lead 'P' J. ........ ,. ..... a~nation of over Education. Bond financing experience lncmuca m~: ~.o,,,... tax-exempt and taxable bonds, both fixed and variable. · eel ertinent- Tklz a ,plication thould be forwarded to Sue Flls~n, ~e Man~a~e_r to 'tease attach any attdtaonat tnforrnatton you fi p _ . . ~ ........... ;...,,.~, r~r oour Board of County Lommtx~toner~, aao~ ~. ............... .. mail to sue~l~on(~,,callier~ov, net. Thanl~ you for volunteermg to serve tht cttt~en~ °f C°lller C°unty EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on April 13, 2007, on the Industrial Development Authority. CONSIDERATIONS: The Collier County Industrial Development aUthority is a 5-member board created pursuant to State Statues with the power to issue Industrial Development Bonds to qualifying projects. The Authority meets several times a year at irregular intervals. Terms for are 4 years. A list of the current membership is included in the backup. The terms for Mr. Jack R. Humphrey and Ms. Barbara Minch Rosenberg expired on April 13, 2003. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. IBarbara Minch Rosenberg [ Re-Appointment John R. Humphrey I Re-Appointment . N/a Yes I Industrial Development Authority N/a Yes Industrial Development Authority COMMITTEE RECOMMENDATION: Barbara Minch Rosenberg John R. Humphrey FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Cotmty Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By:. Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 Collier County Industrial Development.4 uthority 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 (941) 263-8989 J. R. Humphrey, Chairman Barbara M. Rosenberg, Vice Chair Alice J. Carlson, Secretary John Agnelli Ross P. Obley March 25, 2003 Sue Filson Executive Manager Board of County Commissioners Collier County Courthouse, Building"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Appointments to Industrial Development Authority Dear Sue: The Industrial Development Authority has discussed the re-appointment of two current members, J.R. Humphrey and Barbara Rosenberg, whose current terms have expired. Both of these individuals have served the Authority for many years, Mr. Humphrey as Chairman and Ms. Rosenberg as Vice Chair. The Authority relies heavily on their experience and knowledge, and recommends their reappointment. If you need further information, please give me a call. Very truly yours, Alice J. Carts<fn Secretary Industrial Development Authority Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Alice J. Carlson 2730 Leeward lane Naples, FL 34103 District: Category: 05/26/98 05/26/02 4 Years 435-3988 09/24/02 09/24/06 4 Years Mr. Jack R. Humphrey 3963 Enterprise Avenue Naples, FL 34104 District: Category: Ms. Barbara Minch Rosenberg 643-2010 11/07/95 02/28/99 4 Years 04/13/99 04/13/03 4 Years .277/ ~ 11/07/95 2436 Orch'.'d Bay Dr~vc, #103 . _.. 04/13/99 Db~ict: Category: 02/28/99 04/13/03 4 Years 4 Years Mr. John Agnelli 2900 South Horseshoe Drive Naples, FL 34103 District: Category: 343-5888 06/10/97 06/12/01 02/28/00 06/12/05 3 Years 4 Years Mr. Ross P. Obley 802 Slashpine Court Naples, FL 34108 Distri~: Category: 05/26/98 06/! 2/01 02/28/01 06/12/05 3 Years ~]Years Wednesday, September 25. 2002 Page I of 2 Industrial Development Authority Name Ft'ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Established on February 27, 1979, by Resolution No. 79-34 pursuant to FL STAT 159, Part III, This authority is composed of 5 members who serve staggered, 4-year terms. This authority has the power to sell industrial revenue bonds. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to pdvate industry. Susan Pareigis, Executive Director Economic Development Council 3200 Bailey Lane, Suite 162 Naples, FL 34105 phone: 263-8989 fax: 263-6021 F£ STAT 159, Part III Staff.. Don Pickworth, Attorney: 263-8060 t~'edne~day, September 25, 2002 Page 2 of 2 ,- ..... ,' 2 F'g. F - MEMORANDUM DATE: February 21, 2003 TO: FROM: Elections Office ~ Sue Filson, EXecutive Manager /~' ~ Board of County Commissione~~'~ ~ 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. INDUSTRIAL DEVELOPMENT AUTHORITY COMMISSION DISTRICT Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 John R. Humphrey 2540 Talon Court #504 Naples, FL 34105 Thank you for your help. MEMORANDUM'- DATE: TO: FROM: February 21, 2003 Don Pickworth, Attorney ~ Sue Filson, Executive Manage Board of County Commissionei~" Industrial Development AuthoritY As you know, we currently have vacancies on the above-referenced authority. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 John R. Humphrey 2540 Talon Court #504 Naples, FL 34105 Please let me know, in writing, the recommendation for appointment within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments REM 2 2003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Zip Code: ,-~ ~// ~ Category (if applicable): Example: Commission District, Developer, environmentalist, lay p~rson, etc. 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, on a Collier Coun~ board or committee? Yes / No If yes, please list the committees/boards:~ - /~ -. .~' · -' Please list yo .t!~ co.mmunit](~ctiv~ities (c~ic clubs~ ne~g~tborho~Ji 9ssociations, etc. and positions Education: Experience: Please attach any additional information you feelpertinenL This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamlami Trail, Naples, FL 34112. lf you wish, please fax your application to (941)774-3602 or e-mail to ~'uefilson~colliere°v'n~ Thank you for volunteering to serve the ~ of Collitr County. Barbara Minch Rosenberg 5963 Bermuda Lane Naples, FL 34119 592-6199 2000- Present 1999-2000 1996-1998 1994-1996 1982-1994 PROFESSIONAL EXPERIENCE Regional Operations Manager Hilton Grand Vacations Co. Broker-salesperson at John R. Wood, Select One Broker-salesperson at Calusa Bay Broker-salesperson at The Crescent at Pelican Bay President and General Manager of Operations for Hilton Grand Vacations Company, new management company for The Charter Club of Marco Beach®. Alfred McAlpine Resorts sold the Management Company in 1993. PREOFESSIONAL AFFILIATIONS AND LICENSES Marco Island Area Chamber of Commerce-Board of Directors 2002 - Present President Marco Island Area Chamber of Commerce 1989 - 1990 Y.M.C.A. Board Member and Benefactor , 1986 - 1991 Who's Who in U. S. Executives 1990 Collier County Educational Facilities Authority 2000 - Present Collier County Industrial Development Authority (vice chair) 1992 - Present North Naples Rotary Club 1991 - Present Director Marco Association of Realtors 1992 - 1993 Florida Real Estate License 1970 - Present Florida Brokers License 1986 - Present Commissioner Marco Island Fire District 1991 - 1992 Women's Council of Realtors 1972 - 1994 Building Managers Institute 1990 - 1994 Leadership Collier Graduate (Alumni) 1989 - Present EDUCATION Graduated Erasmus Hall High School, Academic Studies Attended Miami Dade Community College Consistently participate in continuing education courses to maintain the highest level of awareness and professionalism. References Upon Request 2--1~-203 2:48PH FRQM INT'L_FKG_MACH. 3963 Enterprise Avenue ' Naples, FL u. SA. 34104 800 -237-8496 - 239-643-2020 - Fax 239-643-2705 Fax NEW TELE~flONE AREA CODE 9gl+F:~3+2708 ¥o .Ms. Sue Fi/son, Exec Ma _ringer. F~x 239-774-3602 co Board of Count7 Commissioners ~E 239-774-8097 ~r~ Jack Humphrey- Ext 208 ~1~ February 18, 2003 m~ ' . Stretch Wr~_.ppers pAGES 2 P. 1 Thank you. for reminding me of the exp/ration of my term on the Industrial Development Authority. Enclosed is an update on my applicat/on, and I would be pleased to serve · another t~rm on this authority..' Thank you for your consideration. AGENDA ITEM 2:48PM FROM INT'L_PKG_MACH. 9~1+6~3+2708 Board of County Commissioners 3301 East Tamiami Trail Nnplcs, FL 34112 (941) 774-8097 Fax: (941) 774-3602 P. 2 Application for Advisory Committees/Boards Home Address: ~-~0 "~/~:~C7' .~l~ ZlpC0de: Board or Commi,~ Applied for~ Category (if applicable): Example:. Commia,:ion District, Dcv¢ioper, eovll~oRme~tMist~ lay i~:~, etc. Are you a.regi~tered voter in Collier County:' Yes f No Do you currently hold public office? Yes If so, whnt is thnt office? Do you now serve, or have you ever servel, on a Collier County board or committee? Yes No __ ifyez, please List the committees/bo~rds: ef ~ _ . ~ ~ .- ~'~ r a~,a~', Please list your community activities (civic clubs, neighborhood assochtions, etc. and positions ' Board of County CoJnr4Zssloners, $$01 ~ast Tamlaml Trail. l~ap~es~ lvl. Sd112. if you wisk, plcm'e fax your appllc .axion to (gd I) 774=3602 or EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE WATER AND WASTEWATER AUTHORITY OBJECTIVE: To re-appoint 2 members to serve 4 year terms, commencing on May 21, 2003 and expiring on May 21, 2007, on the Water and Wastewater Authority. CONSIDERATIONS: The Collier County Water and Wastewater Authority has 2 terms expiring on May 21, 2003. This 5-member authority was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 3 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4 years. A list of the current membership is included in the backup. The terms for Dr. Fay R. Biles (Lay Member), and Mr. W.J. "Jack" Markel (Technical Member) will expire on May 21, 2003. A press release was issued and resumes were received fi.om the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Dr. Fay R. Biles Lay Member I Yes EMSAC; Water & Wastewater Authority W.J. "Jack" Markel Technical Member ! Yes Water & Wastewater Authority COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for re-appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 Memorandum "To: CC: From: Date: Subject: Sue Filson, Executive Manager, Boa.rd..o~'County Commissioners Joseph K Schmitt, Administrator, Community Development and Environmental Services. ~sion Bleu Wallace, Director May 31, 2002 Collier County Water & Wastewater Authority Vacancy I have reviewed the request of both applicants seeking re-appointment to the Collier County Water & Wastewater Authority upon the expiration of their existing terms. The Authority consists of five members; three technical members and two lay members, with regulatory oversight of water/sewer rates, territokial boundaries, customer service inquiries, and quality of service standards regarding investor-owned utilities. There is one (1) technical-member vacancy and one (1) lay-member vacancy. Dr. Fay Biles, 1588 Heights Court, Marco Island, Florida 34145. Dr. Biles is qualified for reappointment to the lay-member seat on the Authority. Dr. Biles is a customer ora regulated utility and has extensive experience in utility regulation matters.. As a lay member, Dr. Biles serves on the basis of civic pride and integrity. Mr~ W. J. "Jack" Markel, Jr., 334 Henderson Court, Marco Island, Florida 34145. Mr. Markel is completing the unexpired term ora previous technical-member and is qualified for reappointment on the basis of his extensive experience in engineering and utility operations. Dr. Biles and lVlr. Markel are both Authority members in good standing. While qualifications are capsulated above, no staff recommendation is contained herein. Operations Department Community Development & Environmental Service~. Name Utility Authority Wortt Phone Appt'd Home Phone DateRe-appt Exp. Date 2ndEx~Date Term 2nd Term Mr. Robert C. Bennett 7065 Dennis Circle 103 352-O219 Naples, FL 34104 District: 3 Category: Technical-Executive Management Dr. Fay R. Biles 1588 Heights Court 394-3089 Marco Island, FL 34145 District: 1 Category: Lay Member Mr. Lowell Lam 5 Gray Wing Pt. Naples, FL 34113 District: 1 Category: Civic Pride 774-5464 Mr. W.J. "Jack" Markel 334 Henderson Ct. Marco Island, FL 34145 District: 1 Category: Technical 389-8997 Mr. Jerry P. Morgan 7350 Mont Claire Drive, #201 Naples, FL 34109 District: 2 Category: Technical 594-8204 07/16/96 06/11/02 05/I 2/98 05/25/99 07/30/02 07/30/02 07/30/02 05/21/98 05/21/06 05/21/99 05/21/03 05/21/05 O5/21/03 05/2i/04 2 Years 4 Years 1.5 Years 4 Years 3 years 1 Year 2 Years Thursda):. August OI, 2002 Page 1 of 2 Utility Authority Name }York Phone .4ppt'd Exp. Date Term ..-- Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authority was established on February 27, 1996, by Ordinance No. 96-6 to regulate utility rotes and related matters regarding non-exempt water and wastewater utilities in unincorporated Collier County. Three members shall be technical in nature, with expertise in engineering, finance and/or business administration. The remaining 2 members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of regulation. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 4 years. ST.,~ T ]25.01(t) Bleu Wallace, Utility/Franchise Director: 403-2302 Thursday, .4ugust OI, 2002 Page 2 of 2 MEMORANDUM DATE: March 28, 2003 TO: FROM: Elections Office e~ Sue Filson, Executive Manag Board of County Commissioners 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. UTILITY AUTHORITY W. J. "Jack" Markel, Jr. 334 Henderson Ct. Marco Island, FL 34145 Fay R. Biles 1588 Heights Court Marco Island, FL 34145 Thank you for your help. COMMISSION DISTRICT (// MEMORANDUM DATE: TO: FROM: March 28, 2003 Bleu Wallace, CDES Operations Director Sue Filson, Executive Manager~ . Board of County Commissionei~' Utility Authority As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: W. J. "Jack" Markel, Jr. 334 Henderson Ct. Marco Island, FL 34145 Fay R. Biles 1588 Heights Court Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGEND~ ITEM m. P.O1 Board of County Commissioners 3301 East Tamiami Trail ........ "~, Naples, FL 34112 ..... (941) 774-8097 ~':"~ ~ ;" Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. Business Phone: e-mall address; Business: Category (if applicable): Are you n registered voter In Collier County: Yes ~' NO Do you currently hold public office? Yes If so, wl~at is that of V~'~? 13o your now serve, or }rove you ev, r served, on a Collier Cou..t~ boa~l or committ~e? Yes ~ No Please list your community activities (civic clubs, neighborhood associations, etc. aud position~ he Id: Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards FAx'/ A. ~ l~'c..~/ 9h.~), HomePhone: ~--~ Name: H6~me Address: Fax No. ~,3~ ~ ~'i~0 Business Phone: ~ c~rr~ ~_. Category (ifapplicable): I Example: Commission District, Developer, en~ironme-talist, lay per~oa, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? ~ No No Zip Code: ~ '/'/q'~'-- ~,/~ e-mail address: Do you now serve, or have you ever served, on a Collier County board or committee? Yes / No Please list your community activities (ci~'ic clubs, neighborhood associations, etc. and positions held: ~ ~. a.:~'.e_?_~ ~ e...d [.L~'it- Please attach any additional Information you feel perttnent This application should be forwarded to Sue Fiison, Exe. Board of Coun(~ Commissioners, 3301 East Tamlaml Trail, Naples, FL 34112. If you wish, please fax your applica6~ e-mail to sue['dson~collier~ov, ne~ Tkank you for voluntetring to serve the c~i~ens of Coilitr County. FAY IL BILES, Ph.D. CMC A.ND PROIr~SSIONAL ACTIVITIES Florida Gulf Coast University, Director, Foundation Board Board of Advisors, Cleveland Clinic Florida, Naples Chairperson, Collier CountY Water and Wastewater Authority Board Board of Trustees, Community Foundation of Collier County: Strategic t'tannmg Committee, Task Force for Civic Leadership, Executive Committee (Secretary) Education Subcommittee ($50,000 grant to School System) Education Coalition gmersency Medical Services Commission-representing Marco Island (EMSAC) Collier County Sheriff's Commission Oganizational Committee for Aftercare Program for Drill Academy graduates Edison Community College Development Committee Consultant to Florida Gulf Coast University's Foundation Cooper Institute Board of Directors -for Advanced Studies in Medicine and the Humanities, Naples, FloP. da Porter Cross Committee on Congressional Classroom Project ( judge to select stu- dents to go to Washington, DC.) Greater Naples Civic Association's Committee on Goals for Superintendent White and Collier County School System for 1999-2000 Executive Committee, Board for FoCus (Future of Collier Created by Us) Secretary of Corporation, atso Committees for Water, Environment, and Education, Facili- and trainer for workshops. ~4arco Island Master Plan Collier County Growth Management Plan: Evaluation and Appraisal Committee (EAR), Committee on Future Land Use Element (FLUE) President, Marco island Taxpayers' Association (MITA) ( 1994-2001 ) American Association of University Women {AAUW) Director for College/Univer- sity Relations for State of Florida; Current President, 2000 to 2002 for Marco IsLand Branch Women's Island Network (WLN) Founder, Program Chair., Secretary Marco Island Fair Water Rate Defense Fund Committee, Corporate Vice President Volunteer of the Year by the Marco Island Eagle Campaign Committee for Representative Dudley Goodlette Campaign Committee for Ralph Livingston for Florida Senate A~UIN State Director for P.rogram, Awarded "Woman of Change" for State and for SW Cluster (twice) and Marco Island Branch (twice) highest honor by AALFW AA [~'~V State Director for Legal Advocacy Fund (LAF), College/University Relations NATIONAL United States Olympic Committee (USOC) Chairman of Educational Programs resigned as of 1998, Education Committee (1.980 t:o 1998) Director, Links to Leadership for National Association for Girls and Women in Sport, $40,000 grant from USOC to train leaders in sport Leadership consultant, author, leader on loan for workzhops, nationall_.y fur A.AL~A' T raioer rot N.tional Conference of'- UW St.te Pre,ide.t, in W a,hing',on, President, FAVA Associates, Consulting Firm in Leadership and Communi~ EXECUTI~ SUMMARY... : : i. APPOINTMENT 0e MEMBER To THE PELIC~ BAY MSTBU ADVISORY ' COMMITTEE ' " : ':: ":' ' ~ ::"~' : OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on March 31, 2007 on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 11 member Advisory Committee was established by Ordinance ~002-27 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 the backup. The terms for Thomas C. Brown (resident), Lou Vlasho (resident), and Joseph A. Bawduniak (resident) expired on March 31, 2003. 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 Commerclal/Busxness/Othe ) within the Unit no less than thirty (30) days prior to the balloting date. Said b, alloting date being set by the Board of County Commissioners. THE BALLOTING DATE WAS: MARCH 7, 2003 CATEGORY BALLOTING RESULTS APPLICANT _ Donald Spanier Resident 805 John Iaizzo Resident 890 David C. Nordhoff Resident 890 Theodore J. Raia, Jr. Resident 946 On March 25, 2003 the Board appointed John Iaizzo, David C. Nordhoff and Theodore J. Raia, Jr. Mr. Raja resigned on April 2, 2003. The next applicant in line for appointment is Mr. Donald Spanier. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners declare Mr. Raia's seat vacant and appoint Mr. Donald Spanier to serve a 4 year term and direct the County Attorney to prepare a resolution confirming the appointment .... ~ AGENDA ITEM Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: APRIL 22, 2003 04/03/2003 87:29 B41-5B7-4502 PELIC~N BAY SERVICES PAGE 02 Col (Ret) Theodore J. Raia, Jr. 7117 Pelican Bay Boulevard Apartment 404 Naples, Florida 34108 (Z~9) 594..2~1 raia(~erol~com April 2, 2003 Board of County Commissioners Administrative Bldg. F 3301 East Tamiami Trail Naples, Florida 34112 Dear Commis$ioncr~: I greatly appreciate the confidence you had in me by appointing mc to thc Pelican Bay Services Division. It is therefore with profound regret that I find it necessary at this time not to accept the appointment. As you are aware I serve on the ]~aard of Director~ of the Pelican Bay Property Owners Association which is committed to resolving a dispute over the approval of a site plan in Pelican Bay. Until this issue is resolved my presence on the Pelican Bay Services Division may cause a conflict of interest. At the present time I believe that I can best serve the people of Pelican Bay by remaining on the PBPOA and work towards a harmonious resolution of this problem. COL (Ret) Theodore ,l. Raia, Jr. CC PBSD p~. 2-~ ,collier County Home [ BCC [ g" qcafion for Advisory Committees/Boa- Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (9_39) 774-8O97 Fax: (239) 774-3602 Application for Advisory Com.:rnittee/Boards Board or Ciimittee applied for: ~[2)t~[_~ ~ax(' .~. ~'t"~O"BlSlO'' {?/q.~:~ I";v' eeo ) Example: Commission District,~, ; ~ ~.~DevJlopex, enviromn:talist, lay persoT/ Are you a registered voter in Collier c°unty· Yes ~/r. No Do you currently hold public ofll~.j ?~. Yes ff so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? yes, please llst the committees/boards:. ' Yes No Please list your community activities (civic dubs, neighboorhood associati°ns, etc_.) and n positions held: ~i~,/~.l~/~tl.q'q~O~L'r' -~(~.. C"x~M~ ~:I[~lk\_~(~l~'<~ .~ ~L ~c~'~ ~'"ffa,.~ ~ Please attach any additional information you feel pertinent. This application should be forwarded to Sue.~_d.s..o~_~.~.F~F.u~_'..v..e ..... Manager to the Board of County Commissioners, 3301 East Tam. iami Trail, Naples, FL 34112. lf you wisK, p~e fax your application to (941)774-3602 or e-mail to suefilson@colliergov, net. Thank you for volunteering to serve the citizenx of Collier County. http:l/www.colliergov.net/bcc/advisory%20application-htm 12/17/2002 Ballot Results Monday March 17, 2003 At _:.~0 this afternoon, the Clerk of Courts, with the-assistance of the County Attorney, opened and counted the Pelican Bay MSTBU Advis6ry"C~mmittee 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. Raia, Jr. 946 Donald Spanier 805 As per the instructions in the ordinance, "the nominee(s) receiving a plurality ofballots 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." MEMORANDUM DATE: TO: FROM: January 8, 2003 Elections Office ~ Sue Filson, Executive Manage~.4 ~ Board of County Commissioners~ .' Voter Registration - Advisory Board Appointments The Board of Cotmty Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PELICAN BAY MSTBU ADVISORY COMM COMMISSION DISTRICT Donald Spanier 812 Pitchapple Lane Naples, FL 34108 6573 Marissa Loop, #1902 Naples, FL 34108 -~'~! David C. NordhLaff t~e.5 8420 Abbington Circle, #B 11 NapIes, FL 34108 Theodore J. Raia, Jr. 7117 Pelican Bay Boulevard, Apt. 404 Naples, FL 34108 Thank you for your help. Pelican Bay MSTBU Advisory Committee Name Mr. David A. Roellig 6000 Pelican Bay Blvd., #204 Naples, FL 34108 District: 4 Category: Resident/Engineer Mr. David C. Nordhoff 8420 Abbin~on Circle #B11 Naples, FL 34108 District: 2 Category: Resident Mr. Glen D. Harrell 54t5 Tamiami Trail N. #320 Naples, FL 34108 District: 3 Category: Commercial/Developer Mr. Maurice James Burke 5801 Glencove Drive, #508 Naples, FL 34108 District: 2 Category: Resident Mr. James A. Carroll 8430 Abbington Circle, C-31 Naples, FL 34108 District: 2 Category: Resident/Engineer Mr. George H. Werner 1919 Trade Center Way, #2 Naples, FL 34109 District: 2 Category: Resident/CAPB Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 594-2210 594-8420 598-1605 598-3140 597-9767 02/10/98 01/29/02 01/08/02 01/29/06 4 Years 4 Years 03/25/03 03/31/07 4 Years 02/08/94 01/29/98 4 Years 01/08/02 01/29/06 4 Years 05/22/01 01/29/05 4 Years 02/10/98 01/29/02 4 Years 01/08/02 01/29/06 4 Years Wednesday, 31arch 26, 2003 59%2171 02/02/93 01/29/97 4 Years 566-3361 05/22/0 ! 01/29/05 4 Years Page 1 of 3 Pelican Bay MSTBU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Theodore J. Raia, Jr. 7117 Pelican Bay Blvd., Apt. 404 -Naples, FL 34108 District: 2 Category: Resident 594-2851 03/25/03 Mr. John Domenie 801 Knollwood Court Naples, FL 34108 Distriat: 2 Category: Resident 566-3179 03/31/07 Mr. John Iaizzo 6573 Marissa Loop, #1902 Naples, FL 34108 District: 2 Category: Resident 592-0678 4 Years Mr. Ed Staros 753 Brentwood Point Naples, FL 34110 District: 2 Category: Commercial 05/22/01 01/29/05 4 Years Mr. Christopher F. Sutphin 8720 Bay Colony Drive, #104 Naples, FL 34108 District: 2 Category: Resident 03/25/03 03/31/07 4 Years 01/20/06 598-6626 06/25/02 596-4561 4 Years 596-1351 05/22/01 01/29/05 4 Years IFednesday, March 26. 2003 Page 2 of 3 Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22 . and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcerrient in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 1113/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On Apdl 11, 2000, the BCC adopted Ord. No. 2000-22 reducing the membership from 13 members to 11 members. On 5/28102 the BCC adopted Ord. 2002-27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial'& business interests within the unit. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732-2725 F£ STAT 125.01 ~ StaJ~: Jim Ward, Pelican Bay Services Division: 597-1749 IVednesday, March 26. 2003 Page No. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD BY THE BOARD OF COUNTY COMMISSIONERS AND THE CRA OBJECTIVE: To appoint 4 members to serve 2 year terms, expiring on May 22, 2005 and 1 member to fulfill the remainder of a vacant term expiring on May 22, 2004, on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CONSIDERATIONS: The Bayshore/Gateway Triangle Loeal Redevelopment Advisory Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment Plan, to make recommendations to the Community Redevelopment Agency, to receive inpfit from members of the public interested in their respective component areas and to report such information to the Community Redevelopment Agency. Resumes will be accepted from all interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business oWners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners, Bayshore MSTU representatives, and at large representatives who reside or engage in business or both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who "engages in business" means an individual owning real property or a business, practicing a profession or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged. Consideration will he given to appointing members that have experience in the following professions: finance, banking, architecture, engineering, education, law enforcement, social ,work, real estate sales and development, planning or design and building construction- Terms are 2 years. A list of the current membership is included in the backup. The terms for Sharon D. King, Bill .L. Neal, Ronald A. Fowle, and Ronald DeFlavis will expire on May 22, 2003 and there is currently 1 vacancy due to the resignation of Deborah L. Russell. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY ........ D.!S_~..E~LECTOR ADV. COMM. Peter H. VanArsdale 4 Yes Bill L. Neal MSTU Representative 4 Yes BayshoredOateway re-appt Sharon D. King Bayshore Business Owner 4 Yes Bayshore/Gateway re-appt Ronald A. Fowle US 41 Business Owner 3 Yes Bayshore/Gateway re-appt Bruce Babbitt Bayshore Resident 4 Yes New Appointment Julian Stokes Davis Boulevard Business Owner 4 Yes New Appointment COMMITTEE RECOMMENDATION: Bill L. Neal - re-appt, expiring May 22, 2005 Sharon King - re-appt, expiring May 22, 2005 Ronald Fowle - re-appt expiring May 22, 2005 Julian Stokes - new appt. expiring May 22, 2005 Bruce Babbitt - new appt. expiring May 22, 2004 NOTE: involved in their meetings as a private citizen. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE The committee also expressed an interest for Peter VanArsdale to become actively AC.~..NDA ITEM RECOMMENDATION: That the Board of County Commissioners and the CRA consider the recommendation for appointment, appoint 5 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: API~IL 22, 2003 Memorandum To: From: Subject:. -' Sue F'dson, Execudve Manager. O. Aaro~ Blai~, Urban Design Planner RE: B~hore/Getgwqay Triangle Local At the Apdt 2, 2003 Bayshore/Gateway Triangle Lecai CRA Advisory Board meeting the Board made motien to ~ the folio~uing, applicants to ttaair board: Reappo~ Sharon King-Bayshore Business Owner Bill NeaI-MSTU Representative Ronalct Fowle-US 41 Business Owner Appointmeflts: Julian Stokes-Davis Boula~ard Business Owner NOT APPOINTED Peter VanArsdate- He did not live or mm a businessa~thin the district thus the board didn't feel that he could be on their board due to the bylaws. Although they expressed that they would love for Peter to become actively involved in their meetings as a private citizen. The vote was unanimous (5-0) in favor of these appointments Thank You T Community Development & ~nt:al Services Bayshore/Gateway Tdangle Local Redevelopment Advisory Board Name 2667 Lakeview Drive ,,"~'> O Naples, FL 341 12 ~ {~' District: 4 Category: Bayshore Resident ~Zork Phone Appt'd Exl~ Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 417-0401 05/22/01 05/22/02 I Year 04/30/02 05/22/04 2 Years Mr. Chuck Gumher 2448 Bayside Street NapEs, FL 34112 District: 4 Category: Gateway Resident/Business 774-6662 04/30102 05/22/04 2 Years 774-6662 Mr. William C. Mears 3804 Clipper Cove Drive 774-7747 Naples, FL 34112 Diairlct: 4 Category: Bayshore Resident/At Large Ms. Sharon D. King 3307 Dominion Drive Naples, FL 34112 District: 4 Category: Bayshore Business 777-3531 774-4176 Mr. Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: MSTU Member 774-6325 Mr. Ronald A. Fowle 774-4400 2595 E. Tamiami Trail Naples, FL 34112 District: 1 Category: Tamiami Trail Business Owner Wednesday, September 11, 2002 04/30/02 05/22/04 2 Years 05/22/01 05/22/03 2 Years 05/22/01 05/22/03 2 Years 06/26/01 05/22/03 2 Years c/i Page I of 2 Bayshore/Gateway Tdangle Local Redevelapment Advisory Board Work Phone Appt'd ExF Date Term Name ' Home Phone DateRe-appt 2ndExpDm~ 2nd Term :¥ Mr. Ronald DeFla~s 793-2221 09110/02 0E/22/OS . 8 moths '.'~" P.O. Box 7041 213-0628 ~. · Naples, FL 34101 Distr~__~: 4 On March 14, 2000 the Boast of County Commissioners adof~Kt R_~o__!~_ _~ns 21~0-52 and 2000-83 e~abli~ing the C~ier Coma~ Community Redevelel~mant Agency amt identifying two '- ~ areas ~ithin unim~apora~a~ C~lier County (BayshoreJGateway Triangle and lmmokatee) as. areas in need of re~MvetopmenL In addition, Resolution.2~00-8~ authorized the ~ of Local Advi~/aoar~ I~ separate ra~lution to a=st in the imolement~lion of the redevelopment plan. The CRA ~ Resolution 2001-9~, ~ included a set of bylaws for the Bayshore/G~ Local Red~wetopment Adv~ao~ Board. t~"'F~"~; -- ~ ~:'~ ~ FL STAT Staff: Tom T~mer~, ~ Planne~. 403-2300 DATE: TO: FROM: MEMORANDUM March 28, 2003 Elections Office ~, Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/GATEWAY TRIANGLE COMMISSION DISTRICT Peter H. VanArsdale 123 11th Avenue, South Naples, FL 34102 Bill L. Neal 3839 Ckipper Lane Naples, FL 34112 Sharon D. King 3307 Dominion Drive Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Ct. Naples, FL 34112 Brace Babbitt 3338 Dominion Drive Naples, FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: January 13, 2003 ElectionsOfft~ . ' ~ Sue F'dso~ Executive Manag~J ' Board of County Co~mis-- Voter ~gimafion- Advisory Board Appoiatumnts The Board of ComitY Comm;--~iomxa will soon consider tim f~owing imtividimb for appoimmmt' to one of the county's advisory ~ee~ Plea~ let me know iftlmse ~ below are . registered voters in Collim' County. ' BAYSHORE/GATEWAY TRIANGLE COMMISSION DISTRICT ~ L H. Stokes 2262 Coach House Naples, FL 34105 '.% MEMORANDUM DATE: TO: FROM: January 13, 2003 Tom Tomerlin, Principal Plann~ ~ , ~r~~y T~e ~ R~evelop Ad~ ~d As you know, we currently have 1 vacancy on the above, referenced advisOry committee. A press release was issued requesting ~ interested in serving on this comm/ttee to suhnit a resume for consideration- I have attached, the resumes.received for your review as follows: Julian L. H- Stokes 2262 Coaeh House Lane Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee Within the 41 day time-frame, and I will pr~are an executive summary for the Board's consideration. Pleaae categorize the applicants in areas of expertise. If you have any questions, please call me at 774-$097. Thank you for your attention to this matter. SF Attachments Collier County Home [ BCC [ ~ for Adv/~ory Commi/~ee~Boards ~ 1 of 2, Board of County Commissioners F~*:. (Z39) ?74-3mrz Application for Advisory. Committee/Boards Ar~a~=am-i~CoiSerCmmty: y~:.: ~ No Yes ~ No ~ MEMORANDUM DATE: TO: FROM: March 28, 2003 Randy Cohen, Planning Servic~ 0~t, Sue Filson, Executive Manager ~__J~' Board of County CommL~ioners BayshoredGateway Triangle Local Redevelopment Advisory Board As you know, we curremly have 4 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resam~s received for your review as follows: Peter H. VanArsdale 123 1 lt~ Avenue, South Naples, FL 34102 Bill L. Neal 3839 Ckipper Lane Naples, FL 34112 Sharon D. King 3307 Dominion Drive Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Ct. Naples, FL 34112 Bruce Babbitt 3338 Dominion Drive Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of th- advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachn~nts Board of County Commis~one~ Page l of Z' filson_s Sent: WednesdaM, March 26, 2003 12:48 PM., To: ~lson_s' ':~ Subject: APPLICATION ' Here is my- complet~ application. ~ea~ [atme k-ao-~ if you Imve a~y q.]estoins. Board of Cmmty Commissioners (941)7'74-8097 "Name: . Home Addrenv_._123 11m Ave. So., Naples, FL Application for Adwsory Commitlees/Boards ...... Fax No._239-261-6119 Business: '__Van ArMak Cansmiclhm, Inc Board or Cmnmittee Applimi for:.~ Bayshore/Gateway Triangle Local Redevelopment Advisory Category (if applicable): Building ConstFucfion, Planning bph= c · - m.n~mwbpr,_.L .... Are you Il ~gi~rt~i voter in Col~rCmmty: Yo__X No Do you currently hold public mTw. e? Yes If no, what ia that Mike? No X Do ~qm now serve, er bawe you ever oerved, enaCdlhrCountybolrdorenmmitme? Ve~ X__No If yin, pkme Iht the ctmunifltm/boaeda: Prmentb7 a mmnber of Ibc ~ Sarvima Advbm'Y ~ Please list your community activities (civic clubs, neighlmrlmod mm~ciafiom, etc. and po~iliou Conservancy Member, Port Royal Club Board of Directors, Community Scho~ Board of D rectors~ __Member Naples City Council, 1992-2000 , p~. // 3/26/2003 Board of County Commissioners P~ge 2 of 2 Education: Bachelo of Science in Mechanical Engineering, Tufts University, '72 Experience:_ As a member of the Naples City Council I was involved in the creation of the CRA in downtown Naples that was responsible for the redevelopment of Fith Avenue South. I served as chairman of the group from its inception in 1993 until leaving office in 2000. I also served as a member of the Staff Action Committee that was charged with overseeing the implementation of the Fifth Avenue South redevelopment plan, meeting weekly to review all projects. I feel this experience would help me make a contribution to the work of the advisory committee. 3/26/2003 LPg. ner~ Board of County Commissioners 3301 East Taminmi TrnB N~q~s, FL 34112 (94~) Application for Advisory Commitlees/Boards Hom~ Address: r-- ~o. 77'",~ :/~"~ J-e,.dac-- r~oac: Are you · re~is~ vmer itt CoOi~ County: Yes No Do you CUFFentIy bold padre office? Yes 1~ [fse, wimt is that efffsce? Do you now serve, m-have yee ever served, ou~.a. Coflier County bye.rd ~"~? Yes Please list yom- comnmnRy activities (civic clubs, acf~lborhood assocfatbns, etc. and lmsitiom held: Edmtion: FACSIMILE COVER PAGE 3/18/03 at 7:14:34 PM From: Sharon D King Pall~s: 2 (inoludi-g Covcr) Sue Filson, I have included an updaled application far the CRA Advisory BoarcL I hope you will comider me me far reappolntmera. Sharon D. King 3307 Dominion Drive Naples, Fl 34112 239-7/4-4176 'RECEIVED .'.,,!Ai~ i '~ 2003 of COunt~ Commissioners Board of County Comm~a~mms. 3301 Emt T~ TraO Napks, FL 34H2 Fa~ (941) Appflcation'for Advisory Commitm~]Bmrds ! I pg. /,,~-'-' Board of County Commissione. t:~ 3301 East Tamiami Trail (941) 7748097 i~AR 10 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: '~C. ~c.~ Home Address: ~a~No.~35 !~ Board or Committee Applied for: ~:~S H~' / , Catelory (if applicable): Example: Commisaioa District, Developer, eaviroame..talist, lay persoa, etc. Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes No If so, wtmt is that office? BnsinessPhone: ~-]~-~t~_ L[~O e.mailaddress:~.~(~,t~.4e c"~, Do you now serve, or have yon ever sermi, ~ Co#ier Cous'ty board or committee? Yes ~ No .~ ~ PleaSehel~: li~yourt~.~ ~__'~c°mmuni~._.~'~ activ~ities~,~.X.~(civic clubs,~.,~.x~nei~bor~ood~~sociatiops,&t~,,~ ~..~,~..~an0' p~siti°ns'~-xx-,-/,~' C ~ ~-, .~,~_. · Collier County Hon~ [ BC~ l Appik~fiofl fo._ P-d~l o£! Application for Advisory .Committee/Boards ca~ ~~: ~. .. Pleme Iht your community m:thritln (civic clubs, ncitKhboorhaod mmm~. ns? otc.) n~nd C~-- ..~ ~~ <,:,~M C.~ ¢~. " " . ....... ~lle. dften to 1941)774-3(J0:~ ~ e-fmall m ~eJil$c~&oalt~:rg.,~.nct. ~ ~ f~r ~m mrw lad ~ ctfCa ti~ ComO,. RotxJm to Top Prim ~is Page .... EXECUTTVE SUMMARY A RESOLUTZON OF THE BOARD OF COUNTY COMMTSSIONERS TO EXTEND THE TERM OF THE COMMUNTrY CHARACTER/ SMART GROWTH ADVISORY COMMITTEE. QIMECT[VE: To extend the term of the Community Character/Smart Growth Advisory Committee to .lune 26, 2004. CON$%DERATZONS: On June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-41, creating the Community Character/Smart Growth Advisory Committee as an ad hoc Committee. The purpose of the Committee is to assist staff in the !mp!ementation of a community character plan for Collier County. The term of this Committee expires within a year from the date of its formation; however, by resolution the Board of County Commissioners, the term of this Committee can be extended. In order to assist staff with the implementation of a community character plan by means of amendments to the Collier County's Growth Management Plan and Land Development Code through the Board of County Commissioners' approved "special cycle," the Board desires to extend the term of this Committee for one year. FISCAL IMPACT: NONE. GROWTH MANAGEMENT zHPACT: NONE. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution extending the term of the Community Character/Smart Growth Advisory Committee for one year, said term to expire on 3une 26, 2004. David C. Weigel County Attorney ~GEND.A~ APR 2 2 ~063 Pg.__~/_._~ RESOLUTION NO. 2003- A RESOLUTION OF ,THE BOARD OF COUNTY COMMISSIONERS TO EXTEND THE TERM OF THE COMMUNITY CHARACTER/ SMART GROWTH ADVISORY COMMITTEE. wHI~REAS, on ]u'ne 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-41, creating the Community Character/Smart Growth Advisory Committee as an ad hoc advisory whose term shall expire within a year; and WHEREAS, Section Six of Collier County Ordinance No. 2001-41 provides that the Board, by Resolution, can extend the term of this Committee; and ,.. WHEREAS, the Board of County Commissioners desires to extend the term of this Committee for a year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the term of membership of the Community Character/Smart Growth Advisory Committee is hereby extended for one year, said term to expire on June 26, 2004. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER CO._UNTY, FLORIDA By:. TOM HENNING, Chairman Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW/kn:h;public;ka¥;advisoryboards EXECUTIVE SUMMARY REQUEST THE BOARD RECONSIDER PRIOR BOARD DIRECTION TO STAFF TO FABRICATE AND INSTALL SIGNS REQUESTING TRUCKS NOT TO USE ENGINE BRAKES IN AND NEAR RESIDENTIAL AREAS OBJECTIVE: To provide an opportunity for the Board to discuss and reconsider prior action. CONSIDERATIONS: At the February 25, 2003 Board meeting (Agenda Item 9.B.), the Board directed staff to determine appropriate locations for the installation of advisory signs requesting that trucks refrain from using engine brakes in and near residential areas, especially in the vicinity of Immokalee Road (CR 846), Oil Well Road (CR 858) and Randall Boulevard, after which staff was to then fabricate and install the signs. Staff performed the necessary research and determined thirteen locations where such signs could appropriately be installed. It has also been determined that these types of advisory signs are not legally enforceable and that properly muffled truck exhaust systems keep the noise from the use of engine brakes within acceptable legal levels. The Board may now determine if it desires to have staff continue with the fabrication and installation of the signs. To date, the only work accomplished has been to identify the locations for the sign installations. There has been no fabrication or installation. The only expenditure has been several hours of staff time. ,~FISCAL IMPACT: If the Board determines that the signs are not to be fabricated and ~ there will be no fiscal impact from this request. If the Board determines that staff is to proceed as previously directed, the estimated cost of fabricating and installing the s±§n is about $2500, available in the current operating budget in Fund 101. GROWTH MANAGEMENT IMPACT: There is no growth management impact from any action taken under this item. RECOMMENDATION: That the Board provides further direction to staff to either cease work on the installation of the "No Engine Brakes" s~gns or to continue with the fabrication and installation as previously directe~~ SUBMITTED BY: ~A~ Date: $/7~7/o3 APPROVED BY: ,/J~,~. ~ Date: .~//~7//o.T Norman ~.-~eder, AICP, Transportation Administrator / EXECUTIVE SUMMARY REQUEST BY MELANIE AND TIM BEEBE FOR A WAIVER OF VARIANCE PETITION FEES FOR PROPERTY LOCATED AT 245 22~a~ AVENUE N.E., FURTHER DESCRIBED AS GOLDEN GATE ESTATES, UNIT 23 EAST 180', TRACT 50, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board of County Commissioners to make a determination in the community's interest to either waive or not waive fees for a variance petition. CONSIDERATIONS: In March of 2002, Collier County Code Enforcement advised the petitioner that a shed and the single-family residential structure, on the subject property, were in violation of the zoning setback requirements. The petitioners were advised that a variance from the setback requirements of the Estates zoning district was necessary to remedy the situation. On February 25, 2003, Melanie and Tim Beebe appeared before the Board of County Commissioners, requesting a fee waiver for a variance petition, under public petition requests. The Board of County Commissioners agreed to hear their request for a fee waiver. On March 25, 2003, the Community Development and Environmental Services Division (CDES) received a written request for a waiver of fees for a variance petition from Mrs. Melanie Beebe (See Request, Exhibit A.) She has also submitted a variance petition (See Variance Petition, Exhibit B.) The fees for a variance are $1,000.00 for a standard variance petition, and $2,000.00 for an "after-the-fact" variance petition. The Community Development Administrator stated at the February 25, 2003 Board meeting, that he would agree to apply the standard variance application petition fee of $1,000.00, because the encroachment was caused by a previous property owner. The Beeoe's have made application to CDES for a variance without the required fee. The variance petition will not be processed until the application fee is paid or the Board of County Commissioners approves the Beebe's request for the fee waiver. The recently amended fee schedule did not change the cost for the variance a ~plication fee. APR 2003 FISCAL IMPACT: The required application fee for a variance petition is $1000.00. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the permit. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROWTH MANAGEMENT IMPACT: Approval of this request will have no effect on the Growth Management Plan. RECOMMENDATION: The variance application fee covers the cost of processing the application. There are no criteria in the Code for fee waivers. There is no legitimate public purpose for this request. Therefore staff recommends denial of the fee waiver request. PREPARED BY: MICHAEL ~/~E~uNTZ,~ PRINCIPA~ PLANNER DATE REVIEWED BY: Y, AICP ' CURRENT PLANNING MANAGER DATE ~ I~VIE~D BY: \ MARGA~ WUERSTLE PLANNIN~ SERVICE DIRECTOR DATE APPROVEDJ~ / BY:./~~e D~7/~-~' 'MMUNrrY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXF~UTIVE SUMMARY/ROW ~ WAIVER 2 APR 2'2 2003 RECEIVED~ gct r-c'er~o? ' ~C EXHIBIT "A" RECEIVED HAll 2 5 2OO3 VARIANCE PETITION , (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICUIJ~ ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: Telephone: E-Mail Address: Agent's Name: Agent's Address: Fax#: Telephone: E-Mail Address: * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. EXHIBIT "B" APR 2L~ 2003 03/13/ I~0~ : g. 8i~ Develo,pmen~Y~,-, Numb~ (POR~I'l,~O PROJ'B~-~'Sn'~.~ ONLY) SDP , . ~ sDP CSi~ {:~,,~,pms~ PI~) .,~. '.~-:: o~_.. ~ ~A ~ ~) ~ BL ~ ~) 13. ~~~~~o. ,, _ Page 1 - Revised 7/02 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) ; Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: ..... Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State __ Zip, Name of Master Association: Mailing Address City State Zip Name of Civic Association: Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property:. Subdivision: ~O~f~,.A' ~ _~l~Unit Section '~ .Twp. t,~ Range ~,'~ Acreage Number' ~ ,'~ ~ Lot Block (s) Property I.D. # Metes & Bounds Description: ~' . · Address of Subject Property: (ffdiffcrent from P~ner's ~ar~) Current Zo~ng:and Land use of Subject Parcel: Adjacent ~ & Land Use: ZONING LAND USE Minimum Yard Requitunents for Subject ProperS. Side: ComerLot: Yes ~ No f='T W~L~t: ..Yes Iq. No l~ APR ~2 2OO3 VARIANCE PETITION APPLICATION SUBMI~FAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMENTS # o COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures 0abeled as such} c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failute-'to-include-all necessary submittal information may result in the delay of processing of this petition. Ap~lic~]~t~.~gent Signature Date G:\Current~Application Forms\VARIANCE PETITION .doc (R).doc 3/3/2003 Nature of Petition Provide a.d~miled explaru~tion of the request including what stni~ are exi,sting and what is proposed; the amount of encroachment proposed using m~nbers, i.e. reduce front setback from 25' t~ 18'; when property owner purchased prope~, when existing principal struc~e was built (include building permit number (s) if possible); why encroachment is n~:~', how existing en~cl~m,-.n~ c~ m I~; dc. Please note that staff and the Collier County Planning Comf~&ssion ~ be guided in their recoummndation to the . Board of zoning Appeals, and that the Board of zoning appeals shall be ~ in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please addre~ thiz criteria ming additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative tothe property which i~ the subject of the variance request. 3. Will a hteral interpretation of the provisions of this zoning code work uanece~mO, ami u~iue hardship on the applicant or create practical difficulties on the applicant. ~(~.C~ ~'~?., t' ~n~~v ~e that~J~mal~ ' le the rea~mable use of 4. Will the variance, if gran the land, building or smugture and which promote standards of health, ~gety or welfare. EXECUTIVE SUMMARY APPROVE A WORK PLAN PROPOSED BY THE BLACK AFFAIRS ADVISORY BOARD. OBJECTIVE: To advise the Board on issues important to the Black community in accordance with County Ordinance. CONSIDERATION: The Black Affairs Advisory Board (BAAB) was previously directed by the Commission to provide an updated work plan of planned activities for the next year. Enclosed for the Board's review is an outline of a proposed plan that was discussed and adopted by the BAAB. The BAAB's goal is to begin reaching out in the community to discuss issues that are critical to the black community. It is believed that there are many concerns in the community, but the role of the BAAl3 ~s not well known. In this respect, the BAAB plans to initially concentrate on marketing the advisory board better in an effort to promote its organization as a conduit for issues in the black community. In order to accomplish this task, it will take the support of the Manager's Office and the Commission to utilize existing resources such as the cable television and Internet as an example. Once the Advisory Board has been marketed, a series of public meetings will then be held to discuss community issues and position papers will be development regularly for the Board's review. These papers will include but not be limited to such topics as workforce housing, impact fee rates, economic development, County recruitment practices, and public information marketing of diversity. GROWTH MANAGEMENT: There is no impact to the Comprehensive Plan. FISCAL IMPACT: The Board is requesting a general fund budget of $2000 for FY04 (Other General Administration) to work on advertising and promotion of meetings through various media. RECOMMENDATION: That the Board adopt the proposed work plan. pREPARED BY: hn Dunnuck, Public Services Administrator Liaison to the Black Affairs Advisory Board Agen d .~..~.]i~m No.. I fJD ' APR 2 2 2003 Pg. // _ Black Affairs Advisory Board Proposed Work Plan 2003/2004 Introduction: The focus of this year's Board is to raise the awareness and role of the advisory board in orderto respond to the community's needs. It is presently believed that the black community of all ethnicities is unaware of thc Black Affairs Advisory Board and its role with thc County Commission. Consequently, the community does not weigh in on importanl ~ and decisions through the BAAB until thcrc is a publicly controvcrsial issue such as thc naming of the courthouse or school for Dr. Martin Luthcr~ King Jr., or the River Park incident. The Bl~eu Affairs Advisory Board's goal is to get in touch with thc community and receive feedback on issues that are important to them. Below is the proposed work plan to accomplish this task. It is important to recognize that through this plan, the Board of County Commissioners and the County Manager's office are expected to provide ancillary support including but not limited to Public Information, Information Technology, and Human Resources. Additionally, BAAB will be providing a relatively minorb,,dget for FY04 lo assist with marketing strategies. Develop a Marketing Strategy (6months) A. Host meetings in thc various ¢ommm~io~ ~ districts I. Develop incemives program m improve attendance 2. Offer speaking topics to g~t folks in the door. 3. TV Show on BAAB topic issues (see below). B. Advcrtisc Meetings and exploit BAAB's role in community 2. 3. 4. 5. Utilize various Talk l~n,tio to diverse back~ ~ublic TV Newspaper Articles on recent topics (PLO) Chun:h bulletin.. (PLO) D~p Interact Wcbpa~_~c (IT) III. 6. Utilize available library information and common marketing strategies for unique communities like Immokalee (PIO / Library) Develop list of Goals once feedback is received. (6 months) 1. Prioritize goals 2. Development implementation strategy 3. Invite Commissioners to meetings individually to gain feedback. Provide regular "Positions Papers" to BCC on status of topics including issues being addressed by other advisory boards. Workfome Housing Impact Fees Economic Development etc. Agenda I '°'- APR 22-. 2003 pg. -¥ _ EXECUTIVE SUMMARY APPROVE A COLLIER COUNTY LANDSCAPE BEAUTWICATION MASTER PLAN AND FUNDING; APPROVE A LEVEL OF LANDSCAPE BEAUTIFICATION FOR MEDIANS, RErENTION PONDS, AND INTERCHANGES; ADOPT THE COLLmR COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN AS POLICY FOR ARTERIAL AND COl J.F. CTOR ROADWAYS OBJECTIVE: That the Board approves a "Collier County Landscape Beautification Master Plan" anu determines a level of landscaping for future roadway beautification projects of arterial and collector roadways. The timeline for the "Collier County Landscape Beautification Master Plan" as presented is based on Transportation Engineering and Construction Managernent's five (5) year road construction work plan. The purpose of this action is to provide a level of landscaping along improved roadways and to maintain a signature streetscape appearance based on established levels of landscaping within the Community. CONSIDERATIONS: The signature appearance of Collier County roadway landscaping reflects the character of the Community and the Southwest Florida region. The streetscape landscaping is the most public and visible type of landscape-l~-dt~ff~-aH6ii-and'the most appreciated by the Community. The benefits of landscaping have been directly related to traffic calming, cooling and screening of adjacent properties, and increased property values'. The history of the Streetscape program emphasizes the preservation of the unique character of the region and this proposal builds on that original desire. In comparison, the five (5) year road construction work program budget is $507,537,000 with a 10% contingency; the proposed landscape master plan is a three (3) year landscape beautification program with an estimated capital budget of $2.6 to $3.1 million for the next three years. Depending on the level selected, the cost for landscape improvements is only 0.5%-1.3% of the roadway construction budget in FY04, 0.4%-1.1% in FY 05, and 0.5%-1.1% in FY 06. (Attachment #1) Beyond the 3-year landscape master plan, staff reconunends that roadway construction projects completed in FY04-FY07 as well as those projected in the Long Range Traffic Plan have landscape beautification money budgeted for their projects within the road construction budget. (Attachment #1-~5) The level is to be determined on one of the following levels recommended by the Board. Median Lanclscapin,e : A base level of landseaoim~ was discussed at the Landscape Workshop on September 5, 2002. A base level is the ground preparation for future planting. The sequencing of road expansion and landscape base preparation prevents any duplication of base construction costs. A base level of landscaping includes: electrical and irrigation sleeving, clean median backfill with eight (8") of landscape soil, non-mountable curbing (FDOT Type F), bahia grass, and brick pavers at the median ends. The cost to install sodding, topsoil, and sleeving is $61,000 per mile and the cost to maintain in-house is approximately $52,000.00 per mile for a 17 foot median. Examples are Livingston Road (Golden Gate Parkway to Pine Ridge Road) and Airport-Pulling (Pine Ridge to Vanderbilt Beach Road) (Attachment #2) "Tyoe A" landseaoinl~ builds upon the base preparation of landscaping to include a mainline irrigation system with pop-up system for planting beds at median ends and bubblers for trees. There is a planting of canopy trees and/or oalms ~(grouped or single) APR · Executive Summary Landscape Beautification Master Plan for County Rights-of-Way Page 2 of 4 spaced 50-100 feet apart. The Radio Road landscaping (Airport-Pulling to Santa Barbara Blvd.) is the only example of a "Type A" landscaping within Collier County. The cost to install a Type "A" landscaping within a 17-foot width median would cost $153,198.46 and the outsourced maintenance cost is $59,138.06 per mile. (Attachment #2). "Type B'? I~a.~ in addition to base level and "Type A" items, St. Augustine grass is planted instead of bahia. Shrubs, flowering trees and planting beds are planted the entire length of the median. "Type B" landscaping requires 100% irrigation of the median to support the growth of St. Augustine grass or other plantings. Examples of "Type B" landscaping are Davis Blvd. (Airport-Pulling Road to County Barn Road), Collier Blvd. (Green Blvd. to Golden Gate canal), US 41 North (Pine Ridge to Vanderbilt Beach Road), and Pine Ridge Road (Airport-Pulling to US 41 N). The cost to install a 17-foot median is $174,841.13 per mile. The outsourced annual cost to maintain a "Type B" 17-foot median is $78,272.08 per mile. (Attachment #2). "Type C" landscaping has all of the elements of a Type B median with additional side road plantings. There are two levels of side road plantings a street tree planting or Type C 1 and a buffer planting or "Type C2". An example of "Type CI" landscaping is US 41 East Phase "B"- (Government Complex Entrance to Rattlesnake Hammock Road). This particular segment has a Level "B" median with side road street tree plantings. A "Type CI" landseanin~ has side road canopy trees and/or palms (Grouped or Singles) 50-100 feet apart irrigated through a bubbler irrigation system. The edges would remain planted with bahia sod. The estimated installation cost is $135,000 per mile (canopy trees planted on both sides of the street and spaced 75 feet on center). There is an additional annual outsourced cost of $7,067 to maintain the street trees through an irrigation system. (Attachment #2). Staff does not recommended planting street trees without irrigation because of the Iow survivability rates and the ne6ded frequency of watering. If the Board were to recommend planting without irrigation; the outsourced cost would be $32,250 per mile for a 7-month establishment period. This would include street trees on both sides of the street. This cost does not include maintenance of traffic costs. The trees would be monitored on a weekly basis and there would be no way of predicting the actual costs. A "Type C2" landscaDine has side road canopy trees and/or palms (Grouped or Singles) 50-100 feet apart irrigated through a bubbler irrigation system, side road shrubs, flowering trees, planting beds, and/or St. Augustine grass. The beds and grass would require 100% irrigation. The estimated installation cost is $148,158.87 per mile. The Outsourced Annual cost to maintain the buffer is $30,867.92 per mile. A~: N DA~LIEM APR 2 2 2003 pg. Executive Summary Landscape Beautification Master Plan for County Rights-of-Way Page 3 of 4 Wet Retention Ponds: "Type A' Retention Pond encompasses palms and native trees and shrubs, littoral zone planting, bahia grass, and planting beds. An example of a "Type A" wet retention pond is at Orange Blossom and Yarberry Lane. The cost to install a "Type A" is estimated to be $15,000 per 3-acre pond. The outsourced annual maintenance is $24,450 per 5-acre site. (Attachment #2). "Type B" Retention Pond includes palms and native trees and shrubs, littoral zone planting, bahia grass, planting beds, and lighted aeration fountains. In addition, there would be an opportunity for additional site amenities and improvements such as benches and paths. A pond located at US 41 East and Catalina Street is an example of a "Type B" fight-of- way retention pond. The cost to install a "Type "B' is estimated to be $30,000 per 3-acre pond. The outsourced annual maintenance is $28,000 per 5-acre site. (Attachment #2). Dry, Retention Ponds: "Type A'Retention Pond includes palms/native trees, shrubs, and bahia grass. An example is at Golden Gate Blvd. and SW 31 st Street (Max Hasse Park) The cost to install a "Type A" is estimated to be $10,000 per 3-acre pond. The outsourced annual maintenance is $15,000 per 5-acre site. (Attachment #2). FISCAL IMPACT: The installation cost of the "Collier County Landscape Beautification Master Plan" (Attachment #3) will be budgeted in MSTD General Fund (111) for the first three years. The future maintenance will be budgeted through MSTD General Fund (111). The amount will depend on the type of landscaping that is selected by the Board. Landscape beautification projects on newly constructed and reconstructed arterials and collectors within the Transportation 5-Year Road Work Program are to be budgeted through Road Construction Fund, Gas Tax Fund and managed through the Landscape Operations Section of Alternative Transportation Modes. The Future Maintenance will be budgeted through MSTD General Fund (111). The amount will depend on the Type of Landscaping that is selected by the Board. (Attachment #5) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a "Collier County Landscape Beautification Master Plan" for arterial and collector roadways; and approve 'Type A' landscape beautification for medians, retention ponds, and interchanges. If budget permits to also install 'Type CI' side road landscaping. 1. If a developer/MSTU located on an arterial or collector wishes to improve County landscaping level then they would be required to pay the difference between the County's annual maintenance cost and the actual maintenance cost. The developer/MSTU would pay 100% of the additional plant material and irrigation improvements. 2. If a developer/MSTU wishes to landscape a road segment outside of the 3-year plan, they would be required to pay 100% of the installation and maintenance. This condition would be required until the County reaches a point where the segment is connected to a County improved landscape segment and then the County would assume the maintenance responsibilities up to the Board approved level. 3. Staff recommends that revisions be made to Ordinance 93-64, which reference landscaping within the right of way and amend the LDC Ordinance 97-25, Streetscape Master q-_~ t:. ..... c.;-c ~n~=NI3A LTEM No, .-gE APR 2 2 Pg. · Executive Summary Landscape Beautification Master Plan for County Rights-of-Way Page 4 of 4 and replace with "Collier County Landscape Beautification Master Plan". Staff desires to make these documents consistent with Board policy direction and present maintenance standards. 4. To fully evaluate in-house and outsourced landscape maintenance costs, staff recommends continued use of in-house landscape maintenance staff in combination with outsourced landscape maintenance firms. The annual in-house landscape maintenance cost will be re-evaluated annually to as.sur.~st efficiency. _ p~~ulich, ASL~ff~ndscape Project Manager, Alternative Transportation ~o~ Di .alm.,l~lYgg,N~Aitemative Transportation Modes Director ~or~nan E. Feder, AICP, Transpoltfition Administrator Attachments: No. 1 - Capital Cost Compm-ison No. 2 - Types of Landscaping No. 3 - Transportation Projects - Completion Dates No. 4 - Landscaping Plan FY04, FY05, FY06 No. 5 - Landscaping Installation & Maintenance Costs AO Np A APR 2 2 2003 ~00~0 88888~ 00000 APR 2 2. 2003 pg o o o i0 APR z 2 200~ z_mm -- .~ . =i 0 , ? ~, $1~=~iB- oz rn .-I rn ..< /~1~ ZZ ZOO3 oo~=o>~o~=< > - >=o<~<o~ ~=0~= zo 00o~ >>~zoo~o~ ~ 8 >o v 0000000000000000 0000000000000000 00000 00000 -,. 000000000000 g ~ 0000000 mmmm ZZZZ m -( -~ .~ ~ turn rn m ~3 APR 2 Z 2003 F,g. C~ 0 ' A~END& ITEM PR 222003 EXECUTIVE SUMMARY APPROVE A SUPPLEMENTAL TDC CATEGORY "A" GRANT APPLICATION, BUDGET. AMENDMENT AND TOURISM AGREEMENT AMENDMENT FOR LOWDERMILK PARK RENOVATION, IN THE TOTAL AMOUNT OF $150,000 ~: To improve thc beach park et periencc of residents and visitors by funding thc replacement of thc concession area at Lowdermilk Park. Considerations: Thc Beach Renourishment/tviaintcnance Committee recommended approval of thc initial grant application submitted by the City of Naples for renovations to the Lowdermilk Park concession area at their October 5, 2000 meeting. The Tourist Development Council recommended approval at their November 20, 2000 meeting. Thc Board of County Commissioners approved the $216,425 grant on January 9, 2001, agenda item 16.A.9, and they approved *the County budget on September 20, 2000 that included $216,425 for the renovation of Lowdermilk Park. A Tourism Agreement was executed with the City of Naples on January 9, 2001 allowing for the reimbursement of any costs for this project up to $216,425. Thc consultant provided an engineering report that warrants replacement, rather than renovation, of the structure. The City of Naples has therefore submitted this supplemental grant application for approval in thc amount of $150,000. The Coastal Advisory Committee and Tourist Development Council unanimously recommended the approval of this supplemental grant application at their meetings of February 21 and 24, 2003 respectively. The Parks and Recreation Advisory Board also unanimously recommended approval at its March 19, 2003 meeting. Upon its completion in July 2003, the new concession area at Lowdermilk Park will feature a new open deck with seating, a larger covered deck area with seating, a larger concession area, expanded restrooms plus an additional family rest room with changing table, and a larger upgraded shower deck. FisCal Impact: Thc $150,000 will be transferred from Tourist Tax Reserves to thc Lowdermiik Park Renovation project for a total project cost of $366,425. Growth Management Imoact: No Growth Management Plan impact is associated with this action. Recommendation: That the Board of County Commissioners 1) approve the TDC ~ategory "A" supplemental grant application for $150,000; 2) approve a budget amendment transferring $150,000 from the Tourist Tax Fund Reserves to the Lowdermilk Park Renovation project; and 3) authorize the Chairman to execute a Tourism Agreement amendment after County Attorney review. Submitted by: Reviewed by: Approved by: ~a~d~ O: T"6'~x~nd~ Operations Co6rdinator Parks ~dJ~ion.~Department Mi 'la Cl. Ram~y, Director .- Jo Dunnuclc, Administrator-' D ision of Public Services EXECUTIVE SUMMARY ADOPT RESOLUTION OPPOSING PROPOSED SENATE BILL NO. 654 AND HOUSE PCB BR 0366 WHICH HAVE THE POTENTIAL TO ALLOW TELEPHONE COMPANIES UNCONSCIONABLE, UNJUSTIFIED RATE INCREASES AND PROHIBITS LOCAL GOVERNMENTS AUTHORITY TO ENFORCE CABLE FRANCHISE AGREEMENTS WITH REGARD TO SERVICES AND QUALITY OF SERVICE RELATED TO BROADBAND OR INFORMATION SERVICES OBJECTIVE: To have the Board adopt the attached Resolution to oppose Senate Bill Number 654 (SB654) and the House version, PCB BR 03-06, or any other possible proposed legislation, that, if enacted into law, will allow the virtual deregulation of Florida's telephone industry with regard to rate regulation oversight and preempt local governments authority to enforce cable franchise agreements with regard to broadband and information services. CONSIDERATIONS: Legislation surfaced last week before the Florida Legislature which would allow average monthly telephone bill for basic phone service by as much as $7.25 in the next four years; and thereafter rates for that basic service could increase by as much as 20% a year according to a report to the House Committee on Business Regulation. Supporters of this industry sponsored Bill assert for its justification that it will stimulate competition among telephone providers and eventually lead to lower rates for most consumers. A spokesman for the Florida Public Service Commission, the state agency that regulates the tet~hone industry in Florida, has concluded that there is no guarantee that this Bill will increase competition. Telephone callers who make few long distance calls would be impacted the most with higher telephone rates. Last year Governor Bush vetoed a similar bill after receiving many complaints from consumers. This year's bill, sponsored by the telephone industry, provides very limited authority for the Florida Public Service Commission to deny rate changes and additional discounts to low-income customers. These amendments appear to satisfy the Governor's concerto, but these amendments do not come close to satisfying telephone consumer activists. Under the proposed legislation, rate increases must be approved if they are "revenue neutral" whereby local service basic rates will be increased to make up for all revenues lost due to reductions in long distance telephone call rates. For basic rates to go up, access charges for in-state long distance would be lowered. '-'-~ ~ :'~-h~.~i This proposed Bill is bad legislation and is not in the telephone customer's interests. This proposed Bill also takes away from Collier County, as a local governmem Cable Television Franchisor, its authority to regulate rates or service for activities classified as "broadband and information services." This provision in the Bills is unnecessm~, unwise, and one more example of the undue influence the telecommunications industry has over the Florida Legislature that is not in the interests of the customers serviced by the telecommunications industry. Staff recommends that the Board adopt the attached Resolution to oppose this legislation and have Staff deliver a copy of this Resolution to the Florida Association of Counties, to Collier County's Lobbyist in Tallahassee, and to each member of Collier County's Local Legislative Delegation. FISCAL IMPACT,: Adoption of the attached Resolution will have no direct fiscal impact on Collier County as a political subdivision of Florida. GROWTH MANAGEMENT IMPACT: Adoption of this Resolution will have no impact on growth management. RECOMMENDATION: That the Board adopt the attached Resolution to thereby oppose proposed legislation presemly pending before the Florida Legislature, which, if enacted into law, would allow unconscionable and unnecessary rate increases to local telephone service rates that could exceed I billion dollars per year. Prepared by: ~al~'~~ Date: lace, Director CDES Operations Reviewed by: "~ ~ !~ Date: Th6mas C~ Palmer Approved b~ //~.~.,6/~r,t~-'- Date: ..,~..--J~seph K. Sehmitt, Administrator Community Development & Environmental Services Division APR 2 2 2.;;3 RESOLUTION NO. 2003 - ~.~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONE]IS OF COLLIER COUNTY, FLORIDA, OPPOSING PROPOSED SENATE BILL A~ TO ~ ~ CABLE .~ AGRF. F. MEN~$ WITH REGARD TO ALI. BROADBAND .OR INFORMATION SERVICES, AND, ~LI.OWS TELEPHONE COMPANIES ~1'O [MPLEMEN'F UNCONSCIONABLE RATE INCREASES ~ VERY LIMITED GOVERNMENTAL OVERSIGH~ last year's proposed House Bill 1683, which w~kt im~ acco~olished es~tially the mine result~ as th~ provision contaim~ in ~y ~ Senate Bill 654 and H~use PCB BR 03-06 ('~e Bn.L-~"); and ~ Cm~mmr ~ am~unced that t~t year's proposed Hou~ Bill 1683 was ~,--~ ~,, "~nbig~ties ami circular logic" ~ml would "fie the h~,ul~ of the Florida Pl~blic Se~c~ Cu~u~i~o~'; and WiiEREA~, rl~ ymr's ~ of last y~'$ l~t Bill fails to correct ~ highlighted in Governor Bush's veto me.um~ because rb~ ~ew "BILLS" (~) imul~e indusuies frc~a c. amp~tion from wire. less ~i ku:me~ m~a~ng ser~ic~ by shif'fi~ lozses in access fee mvenuez m concur~nt "revenue neuual' mcrcaaes in local s~rvice ba,~c ram~, Co) by no mean~ guar~mee that ~ will emer imo the applicable marke~, ami (¢~ cio no~ aflow ~sid~n6sl cu~o~e~ ami ~all business ~o realize savings ami oppo~mi~' in their lc,~! ~'vic~ tha! the~ m~ ~ in other secmr~: and WHEREAS, C~rmm~r l~mh has said li~ th~ ~w "BII.! .~" are because in his opinion they gra~ to the Florida Public Se~vi~ Commission sufficient auth~ity to ~l~i,~ ~o wh~ extent the subject telephone rates can 1~ increaseck W~EREA$, in fact tim "BILLS" aff~xt ca~mmm-~, very. little, if any. effective protection, but inattmd, will allow elect~ off~--ial~ to "blame" the appointed Florida. Pttblic Se. fyie~ Commi~iv~ for t~ in, vita. hie..nc-em~elnn:,hle r~t¢ mcrea.~ea that will eeatainly occur to miltio~ of telephone casl~mra with regard to their Imai¢ lncal ~ seoice; and W'~ll~tlr.~.q, tl'm "l~ff.I..W' will nilo~ r~m ~ nmi~lc"ntial basic telephon~ m ~ by up to 6'/' lmreent in as few' nfl, tim first 2 years, and will also allow. res~lential local telelahO~e r~m to incmas~ ~p m 2t} pea-cent ~ year ~ y~ar service collectively imyin~ as nme. has $1 Billim nn'e per yea~ in aa few aa thn~ yem'~ and the quality of th~ service can ,~-,-~ due m othm' provisions in these "B tt ~ _~; and WHE~ the "B1T.f_R" contain the following text: '~'o local goveran~-~ shall have the ambnrity m directly or indirectly regulate the mrms and condilior~ quality. Service territory, and pric~ applicable to or in connection with the provision of WHEREAS, the text not~i above removes fl, om Collier County re?into~r jm, isdicticn tht: spec~ item~ with regard to all of the County's cable t~levision franchisees, and Collie~ County believes sm:Ix removal of regulatory authority is nat m the public inte~s~ and may even be an unconstinmonal impairnmu of Collier County's contract right~ wire regard to its existing cable television Franchise Agreemen~ NOW, THEREFORE, BE IT RF_~OLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, s~rongly opposes proposed Senate Bill 654 (and its counter-part proposed PCB BR 03-06) from being enacted into law because these proposed Bills allow unconscionable, unjustified increases to rates for local telephone service, and also prevent Collier County, and all other local governments, from enforcing their existing cable television Franchise Agreements with regard to all activities classified as "broadband and information services." This Resolution adopted this majority vote in favor of adoption. day of April 2003, after motion, second and ATFEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM FIENNING, Chairman Approved as to form and legal sufficiency: Thomas Palmer, Assistant County Attorney APR 2 2 21103 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A SETTLEMENT OF ALL ISSUES CONCERNING PAYMENT THAT HAVE ARISEN BETWEEN AND AMONG COLLIER COUNTY, THE CLERK OF THE CIRCUIT COURT AND KRAFT CONSTRUCTION CO., INC. IN CONNECTION WITH THE CONSTRUCTION OF THE NORTH NAPLES LIBRARY. OBJECTIVE: For the Board of County Commissioners to approve a settlement of all issues concerning payment that have arisen between and among Collier County, the Clerk of the Circuit Court, and Kraft Construction Co., Inc. in connection with the construction of the North Naples Library. CONSIDERATIONS: As outlined in the attached proposed Seulement Agreement, the Clerk of the Circuit Court ("Clerk") issued an audit report which, after adjustments, identified $111,893.39 in payments made to Kraft Construction Co., Inc. ("Kraft") under the $6 million plus construction contract for the North Naples Library that the Clerk contended were not expressly authorized in the contract. In addition, the Clerk determined that Change Order 19, in which Kraft originally requested an additional payment of $56,545.42, should not be paid because that payment was not expressl.y authorized by the contract. At the request of County staff, the Office of the County Attorney also issued an opinion regarding Change Order 19 and concurred with the Clerk's determination that payment should not be made for that Change Order. Kraft disputed much of the audit report, although it acknowledged erroneous billings on several items, and thus continued to demand payment on Change Order 19 in the reduced amount of $47,978.81. Following additional investigation by County staff, the Office of the County Attorney, the Clerk, and Kraft and after negotiation, a recommended settlement was achieved. As set forth in paragraph 5 of the attached proposed Settlement Agreement, Kraft has agreed to reimburse the County the sum of $44,741.00 as a credit against the $56,545.42 it originally claimed it was owed for Change Order 19. This leaves an amount of $11,804.42 owing to Kraft in accordance with the Settlement Agreement. FISCAL IMPACT: By entering into this Settlement Agreement, the County is avoiding both the direct and indirect expenses associated with litigation as well as the attendant risks. Otherwise, the fiscal impact to the County will be limited to the SI 1,804.42 payment to be made to Kraft in accordance with the Settlement Agreement. This payment will come from Fund 355, the Library System Impact Fee Fund. In this regard, the Board should also note that the North Naples Library project was completed within budget and on time. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the actions recommended by this Executive Sununary. RECOMMENDATION: That the Board of County Commissioners approve settlement with the Clerk and Kraft and authorize the Chairman to execute the attached Settlement Agreement on behalf of the Board. Michael 'W. Pettit, Assistant County Attorney mp-Cam'~, Director, F~ies Management APPROVED BY: D~iJ ~. weigel, County'Att- rl~ DATE: AGENDA i T ~t,.4 NO. _[.c~._~ APR 2 2 2003 This Settlement Agreement is made and entered into this ~ day of April, 2003 by and among the Board of County Commissioners of Collier County~ l~.orida (the "BCC'), Dwight E. Brock, as Clerk of the Circuit Court of Cold. Comity (the "Clerk") and Kraft Constructio~ Co. ~ a l--~ofida coq~ow~ion ("Krafl~. BACKGROUND STATEMENTS A. The BCC approved ex_,~mi,~t of a Construction. Matmgement Agreemmn~'~:.. co~g c~fion of ~e pmj~ .~ ~ No~ N~I~ Lib,, at ~ B. ~n~ m ~o~ ~ ~ 4B of ~e A~~ BCG ~ofized ~ to= ~view ~e pmje~ for ~ue en~n~e~g ~d ~~W ~g ~e ~i~ ph~ ~ ~ ~j~ ~d m develop a G~ ~m P6ce ("G~") for mg~ m ~g co--on of &e ~j~ m ~ ~plefion ~n ~ - APR 2 2 2003 Pg. ~ December 19, 2002 issued Audit Report #2002-3 (the "Audit Report") in which he concluded that payments had been made to Kraft in the mount of $111,893.39 that were not authorized under the Agreement, which should be recovered from KrafL and that a pending request for payment based upon Change Order #19 was not in conformance with the Agreement, and should not be paid; and, F. By a response from Kraft to the Clerk dated September 27, 2002 and by letter dated January 13, 2003 from its attorneys, Grant, Fridkin, Pearson, Athan & Crown, P.A. to the County Attorney (the "Kraft Response"), Kraft took issue with the Audit Report and most of the conclusions therein, and demanded payment in the amount of $47,978.81; and, G. It is further recognized and acknowledged that in the administration of the work pursuant to the Agreement and Amendments, Kraft and the staff of the BCC initiated a program of direct purChases by BCC g¥ materials to be incorporated into the project within the scope of the work to be performed by Kraft under the Agreement and the Amendments. The purpose of said direct purchase program was: to save costs to BCC equalling the amount of Florida sales tax which would otherwise have been paid by independent vendors purchasing the materials.-Said program has been more particularly described at the BCC meeting at which this Settlement Agreement was considered and approved; and, H. It is recognized and acknowledged that a real dispute exists; and, I. It is reco~tmized and acknowledged that BCC authorized execution of the Agreement on April 11, 2000, but differences and disputes exist concerning whether the Amendments were lawfully authorized by BCC; and, Page 2 A~ENDA ilE~ i APR 2 2 200: P~. ~ The parties have agreed in good faith to resqlve their differences and the bona fide reasonable doubts and uncertainties concerning ~ responsibilities under the Agreement and the Amendments, and have fully disclosed, in this Settlement Agreement and at and during the BCC meeting at whicOa this Settlemem Agreement has been considered, all relevant fact~ to effect a ratification by BCC of any and alt aspects of the Agreement art Amendments not already fully ami ~, . lawfully ~orized. .. NOW ~I~EFORE and in consideration ofth¢covemmts snd the payments hereinafter' set forth, the parties %o~ee as follows: I. RCC and Kra~ in particular, and the parties generally, confirm'and adopt .the Background Statements. 2. 'By entering into this Sctflement,Agrceme~;:alI parties agree that they are resolving gemaine and bona fide disputes between themselves, ami in particular Kraft does not admit nor corr, ede that the credits and reimbumemen~ agreed to in Section 5 below are required by law, bur ra/~r are agreed to by Kraft in order to resolve the disputes without litigation. · _ 3.-: - All Amendments, including but not limlt_ecl to. Amendment #1 to the Agreement es~lishing flxe guav~eed maximum p,i~e in the anxamt of $6,8~5,000, are hereby ratified and approved by the BCC. 4.. BCC specifically finds that the dL, ect material purchase program as explained and described at the BCC meeting where this Settlement Agreement was discussed and approved, is ~y approved as part of the Settlement AgreemenL. 5. Kra_~ shall reimburse the BCC as a credit against the payment owed for Change Order 19, the sum of $44,741.00 for the following paym, identified in the Audit Report: . Page 3 fee] which are a) The sum of $20,150.00 in respect to labor charges for services by Robert L. Carsello, the Chairman of the Board of Kraft, which BCC and Clerk do not claim have not been provided, but for which no time records were maintained; b) The sum of $9,727.55 in respect to vehicle allowances of personnel employed by Kraft; c) The sum of $1,972.60 representing the cost of replacing a fence that was damaged; d) The sum of $5,577.61 representing a portion of costs billed to, and paid by BCC, in the amount of $12,000.00 and incorrectly labeled as warranty work; e) The sum of $439.00 incorrectly billed to BCC in respect to the Project for performance bond; f) The sum of $2,485,00 incorrectly billed to the BCC for office equipment and supplies not utilized at the project site; The sum of $1,325.00 incorrectly billed to the BCC for g) reinspection costs; h) i.) The sum of $471.64 billed to the BCC for truck service; Additional miscellaneous sums totaling $462.08. 6. Based on the foregoing, BCC hereby authorizes and approves payment to Kraft of the sum of $11,804.42 representing the difference between the sum set forth in Change Order //19 [i.e. $56,545.42], and the reductions agreed to in Section 5. Clerk hereby concurs, and K_raft hereby accepts the foregoing. 7. After remittance by BCC to Kraft of the amount of $11,804.42 stated in paragraph 6 above, BCC, Kraft and Clerk agree that none of the parties will have any further claims against each other in respect to payments made or due for work ~eTtl~'~l'~erk.tli~ ~.'leement, and the NO. _lA t tvJ____. Page 4 Amendments and all such claims and issues wi~ respect tn payment for thc work are hereby resolVed and dlscnmgext .... Executed aa of the date and year set forth above, afar full public meeting in accordance with Florida law. ATTEST:' Board of County Commi~'~iolll~'~ Colli~ County, Florida Dwight E. nroct Clea'k ofCimuit Caurt [A~emU~iou ~ ~ m ~ Of~l Thomas Hennh~ C~ WITNESS Owight E. Brock, Cleak of the Circuit Court, . :: Collier Count~, Florida Kraft Consms~on Co., Inc. Approved as to form :md legal sufficiency: F. Fred Pczeshkau, Pmsidcm Michae: W. Pettit, County Attorney Page 5 AGENDfl. E,TE.~... NO. t.z. (~ APR 2 2 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE 2003 TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR TOURIST DEVELOPMENT SPECIAL EVENT GRANT, REGARDING THE 2003 CITY OF NAPLES FOURTH OF JULY CELEBRATION, IN THE AMOUNT OF $50,000 OBJECTIVE: Board approval of the 2003 Tourism A ~g~ee~ ment with the City of Naples for the Tourist Development Special Event Grant for the 2003 4 of July Celebration in the amount of $50,OOO. CONSIDERATIONS: On April 15, 2002, the TDC considered the Tourist Development Special Event grant application for the 2003 City of Naples 4th of July Celebration in amount of $50,000 for accommodations, meals, travel, and equipment related to the event's military participants for the two-day event (July 3 & 4, 2003). Upon presentation and discussion, the TDC recommended Board approval of this Special Event Grant. On May 28, 2002, the Board of County Commissioners considered the 2003 Special Event Grant requested by the City of Naples antF~he-TIJc'recommendation for approval. After discussion, the Board approved the 2003 Tourist Development Special Event Grant in the amount of $50,000. The proposed agreement provides for the reimbursement of allowable expenditures and is subject to budget and collection of Tourist Development Tax funds. The agreement is effective October 1, 2002 and remains in effect for one year. FISCAL IMPACT: Tourist Development Special Event Grants are funded fi.om Fund 194 (Advertising/promotion) Reserves for Contingencies; current balance of $413,032. If this $50,000 Special Event grant is approved, the balance in Reserves would he reduced to $363,032. GROWTH MANAGEMENT IMPACT: There is no growth management impact regarding this action. RECOMMENDATION: Board of County '~ .... :No: ..... ,..,, ........... ,,.,~, approve 2003 Tourism Agreement with the City of Naples, related budget amendment, and authorize the Chairman to sign the agreement. "Iact(~. '~Vert, Touris~ Director Greater Naples, Marco Island, Everglades Convention and Visitors Bureau SteTve ~-L4~r~ell, lCmich~ing Director Purebasing Department / qseph .K?Sch~tt, Adn(mistrator / / ommunity Development & Environmental Services Division APR 2 2 20 3 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES I~-"~U~~ ~~ ~!~ CELEBRATION THIS AGREEMENT, is made and entered im~ this. day of , .2003. by and between 'The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florid~ hereina/kx referred to as "COUNTY" WI~.~ the COUNTY has adopted a Tourist Developmem plan (bere~~ to' as the "Plan") fumit~ by proceedz from the.Tourist Devetopme~ Tax; and WHEREAS, the Plan provides that e, ertaiq of the I%~e, mle$ generated by the Tourist.- Develolmmm Tax am to be allocated for the promotion and advertising of Collier county nationally and imm'aati~y and for the promotion and advo'tising of activities or events intended to bring tourists to Collier County; and WHEREAS, ORANTEE has aPPlied to ~the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a~ special event.with the City of Naple~-for th~. Fom~ of July Celebratiorr from July 3-4, 2003 (tim "Event"); and WHEREAS, the COUNTY desires to fumt the proposexi special event to this Agreement. NOW, TI4E. REYORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES OTHER VALUABI.F. CONSIDERATION, IT IS MUTUALLY PROVIDED HEREIN AND AGREED AS FOIJ,OWS: 1. SCOPE OF WORK. In accordanc~ with the budget attached as "Exhibit 'A', the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to ~i~ ~ as pm~d~[ in Section I8. 2. PAYMENT. The amount to be paid under this Agr~m~ shall be Fifty ($50,000.00). GRANTEE shall be paid in a¢¢orda~¢ with fiscal procedures of the expenditures incurred for the promotion and advertising expenses as described in S submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Manager, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached Exhibit "A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjuslment in excess of ten percent (10%) of any line item must be authorized by the County Administrator, or his designee. 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section I will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible _ expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S wfi n ~( repay said fund~ ~COUNTY may request repayment of funds for a period of up to one (1) year after terminaliou of this Agreement or any extension or renewa~ thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of !nsuraace naming Collier County, and its Board'of County Commissioners and the Tourist Development Council as additionally insured...The certificate must be valid for the d~q~tion ofth/s Agreement and be issued by a company licensed in the State of Florida and provide General Liabili~ Insurance for no less than the following amounts: EkKh'ly Injury Liability - $3q)0,000 each claim per person'~ Property Dmnage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Comimnsation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Admin/strator, or his designee, within ten (10) days of executmn of this Agreement by the COUNT~. GRANTEE shall not commence promotional and aflv~ activities which are to be ~]mLe~t lmmUant to this Agreement until the:- Certific~t~e o£ Insurance has been received by the COUNTY. '.'~' 5. MONTHLY REPORTS. GRANTEE shall provide to COUNTY monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this ~ The report shall identify the ammmt spent during the l~ling thirty (30) days and the duties peffnrmed, ami the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR subcontractors to provide services as described paying vendors anti shall not be involved in the agrees to disclose any relationship between DEALING. GRANTEE may select vendors or in Section 1. COUNTY shall not be ~ selection of subcontractors or vendors. tAPR22 2003 · GII~a~kNTEF. ~ the subcomracto or venoors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: City Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or cert;fied mail to the COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing address at any the other party written notification pursuant to this section. APR 2 2 2003 9. NO PARTNERSHIP. Nothing herein contained shall be co. nstrued as creating a parmership between the COUNTY and the GRANTEE, or its vendor or subco~tor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION. COUNTY and GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination lmrstmnt to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay th~ GRANTEE for all expenditures incurred, or contrae-,~! obligations incun~ with subc~m ami vend~rs, by GRANTEE up to the effective ante_ of the termin~fon so long as such exl:nmses a~ eligible. Provided, however, or if GRANT~-g fails to hold the event or activity, GRANTEE. shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, nnlesa the Board of County Commissioners determines that the completed promotion and advertising of the evem or activity were sufficient to justify the use of tourist development tax funds. II. GENERAL ACCOUNTING. GRANTEE is.~required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue-related to the Agreement should be recorded, and ali expenditures must be inctmaad within the terms of this Agreement. 12.. AVAILABILITY OF RECORDS. GRANTEE..shall maintain reco~, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or arty of' its duly authorized representatives, shall, until the expiration of three (3) yearn m~ter final payment under this Agreement, have access to, and the fight to examine and photocopy any pt'rtinm~ h~oks, documents, papers, and ~ of GRANTEE involving transactions related to thi_~ Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, whole or in part its interest in this Agreement without the prior written consent of the ( 14. TERM. This Agreement shall become effective on October 1, 2002 and shall remain effective for one (1) year. GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amending to this Agreement to extend the term for an additional one (1) year. Any funds not used by G~E during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAIIJABILITY OF FUNDS. This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT. GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator, or his designee, within sixty (60) days of the date of the event. 17. REQUIRED NOTATION. All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk , Deputy Clerk By: Tom Henning~ Chairman APR 2 2 2003 si~naturc Printed/Typed Name Signntm-e Approved as to form and legal sufficiency: Assistant County Attorney iAPR222003 I EXHIBIT "A" PROJECT BUDGET FOR 4m OF JULY CELEBRATION Accommodations Meals Travel Equipment Total $ 32,350 $ 8,000 $ 9,000 $ 650 $ 50,000 h:hfa\TDC~003touristagretmcnt-citynaples EXECUTIVE SUMMARY Approval of proposed payment of nuisance abatement principal only for Resolution No.'s: 90-550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. OBJECTIVE: To approve and authorize acceptance of proposed payment totaling Five Thousand Four Hundred Twenty Five Dollars for principal only in nusance abatement for Resolution No.'s: 90-550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners vs. Elizabeth Chambers. CONSIDERATION: 1. 90-550; On or about November 20, 1990 a public hearing was heard before the Board of County Commissioners regarding violation of. Ordiance No. 85-33 of the Collier County Land Development Code. Resolution No. 1990-550 was recorded in the Official Records Book 1580 pages 1716, et. seq. recorded in the name of Elizabeth Chambers. The affected property had a bond issued to cover the costs of improvements related to the Immokalee Water and Sewer Assessments. The Bond Company called in their note and subsequently the Immokalee Water and Sewer District foreclosed on the outstanding assessments. The lien of record then became the responsibility of the new owner, i.e. the Immokalee Water and Sewer District. The foreclosure action brought to light numerous outstanding liens for nuisance abatement. At the time of the foreclosure there was an agreement made between the County and the District, per the attached memo that the County liens would be paid by whomever purchased the property from the District. A prospective buyer has submitted a Contract for Sale and Purchase and is requesting that the Board of County Commissioners waive the interest portion of the lien. On March 28, 2003, the principal amount of expended on behalf of the then owner, Elizabeth Chambers was Two Hundred Sixty Five Dollars ($265.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 2. 90-101; On or about February 20, 1990 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 76-70 of the Collier County Land Development Code. Resolution No. 1990-101 was recorded in the Official Records Book 1514 pages 0861, et. seq. in the name of Elizabeth Chambers. The affected property had a bond issued to cover the costs of improvements related to the Immokalee Water and Sewer Assessments. The Bond Company called in their note and subsequently the Immokalee Water and Sewer District foreclosed on the out .tanding assessments. The lien of record then became the responsibility of the new owner, i.e. the Immokalee Water and Sewer District. The foreclosure action brought to light numerous outstanding liens for nuisance abatement. At the time of the foreclosure there was an agreement made between the County and the District, per the attached memo that the County liens would be paid by whomever purchased the property from the District. A prospective buyer has submitted a Contract for Sale and Purchase and is requesting that the Board of County Commissioners waive the interest portion of the lien. On March 28, 2ff~r_a, *-~-~GF. NDA ITEM principal amount of expended on behalf of the then owner, Elizabeth Chambers wa~ Fo~.u~_ I I~tn .O Thousand Four Hundred and Twenty Five Dollars ($4,425.00) and has been paid ~y tl~x ,t u/.t-~ ~ Page I of 3 Elizabeth Chambers Executive Summary APR 2 2 2003 prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 3. 91406; On or about May 28, 1991 a public hearing was beard before tbe Board of County Commissioners regarding violation of Ordiance No. 85-33 of the Collier County Land Development Code. Resolution No. 1991406 was recorded in the Official Records Book 1628 pages 0701, et. seq. in the name of Elizabeth Chambers. The affected property had a bond issued to cover the costs of improvements related to the Immokalee Water and Sewer Assessments. Tbe Bond Company called in their note and subsequently the Immokalee Water and Sewer District foreclosed on the outstanding assessments. The lien of record then became the responsibility of the new owner, i.e. the Immokalee Water and Sewer District. The foreclosure action brought to light numerous outstanding liens for nuisance abatement. At the time of the foreclosure tbere was an agreement made between the County and the District, per the attached memo that the County liens would be paid by whomever purchased the property from the District. A prospective buyer has submitted a Contract for Sale and Purchase and is requesting that the Board of County Commissioners waive the interest portion of the lien. On March 28, 2003, the principal amount of expended on behalf of the then owner, Elizabeth Chambers was Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 4. 94-252; On or about April 12, 1994 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 9147 of the Collier County Land Development Code. Resolution No. 1994-252 was recorded in the Official Records Book 1946 pages 1339, et. seq. in the name of Elizabeth Chambers. The affected property had a bond issued to cover the costs of improvements related to the Immokalee Water and Sewer Assessments. The Bond Company called in their note and subsequently the Immokalee Water and Sewer District foreclosed on the outstanding assessments. The lien of record then became the responsibility of the new owner, i.e. the Immokalee Water and Sewer District. The foreclosure action brought to light numerous outstanding liens for nuisance abatement. At the time of the foreclosure there was an agreement made between the County and the District, per the attached memo that the County liens would be paid by whomever purchased the property from the District. A prospective buyer has submitted a Contract for Sale and Purchase and is requesting that the Board of County Commissioners waive tbe interest portion of the lien. On March 28, 2003, the principal amount of expended on behalf of the then owner, Elizabeth Chambers was Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. 5. 94-198; On or about April 5, 1994 a public hearing was heard before the Board of County Commissioners regarding violation of Ordiance No. 9147 of the Collier County Land Development Code. Resolution No. 1994-198 was recorded in the Official Records Book 1943 pages 2216, et. seq. in the name of Elizabeth Chambers. The affected property had a bond issued to cover the costs of improvements related to the Immokalee Water and Sewer Assessments. Bond Company called in their note and subsequently the Immokalee Water and Sewer Di foreclosed on the outstanding assessments. The lien of record then became the responsibili the new owner, i.e. the Immokalee Water and Sewer District. The foreclosure action brou Page 2 of 3 Elizabeth Chambers Executive Summary TI,,. nGrd~DA ~ ;trict j '?' ~' :y of I it toApR 2 2 2003 light numerous outstanding liens for nuisance abatement. At the time of the foreclosure there was an agreement made between the County and the District, per the attached memo that the County liens would be paid by whomever purchased the property from the District. A prospective buyer has submitted a Contract for Sale and Purchase and is requesting that the Board of County Commissioners waive the interest portion of the lien. On March 28, 2003, the principal amount of expended on behalf of the then owner, Elizabeth Chambers was Two Hundred Forty Five Dollars ($245.00) and has been paid by the prospective buyer as a good faith gesture showing their willingness to maintain the subject property in a manner consistent with County Code. FISCAL IMPACT: The fiscal impact related to recording in the amount of Thirty Five Dollars ($35.00) (5 Satisfaction of liens x $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: l',1o3 Ja~t Powers, Operations Manager APPROVED BY: fleph K. Scht(aitt,~dministra(or y / Page 3 of 3 Elizabeth Chambers Executive Summary ~..~ To: Re: Robert F. Fernandez, County Administrator Vincent A. Cautero, Division Administratm' Community Development & Environmental Services Michelle Edwards Arnold, Director Code Enforcement Deparunent December 28, 2000 ~ Immokalee Water and Sewer District Liens Ms. Rouuny Smith is the mother of the Immokalee High School football player that was injured during a school competition last year. The injuries resulted in paralysis for the player who is now required to have special equipment and facilities to live comfortably. The Smith's current residence is not suitable· to accommodate these needs. There has been a effort underway by the Community to assist with the construction of a house for the family to meet the st. Udem's needs. I was informed by Greg Mihalic, HUI Director, that. the property desta-/bed as Mainline Subdivision, Block 5, Lots 6 and 7, was transferred to the Smith family for the construction of a house suitable to~ meet the needs of their mx:ently disabled son. While preparing the documentation for a request for impact fee waiver, Greg found that there were several outstanding liens on the property in question imposed by the Coct~ Enforcement Department. I have reviewed the Department's records and find that them were two liens filed in 1990 and another three liens filed in 1991 all under the name of communitY' COrporation c/o Ernest Freeman Sr. In 1996 the p_rogerty was acquired by the Immokalee Water & Sewer District through foreclosure. At that time there was an agreement made: between the County and the District that the County liens would be paid by whomever purchased the property from the District. As of lanuary 3 I, 1999, the total amount due for all five liens (principal and interest) is $4,029.13. I have been in contact with Immokalee Water & Sewer District and they indicated that they transferred the property to Ms. Smith at the value which covers the District' s outstanding expenses. ($689.64 Immokalee Water & Sewer assessment; $1470.76 for County '[ axes; and a percentage for the Real Estate Company). Greg Mihalic contactmi the Code Enforcement Department in attempt to waive the fees and satisfy the liens. The attached table provides a detail summary of the principal and accrued interest for each lien. Feedback is being sought to determine if there is a positive recoaaiiendation to waive and satisfy the liens prior to these items being brought before the Board of County Cot ext~yi~ APR 2 2 21 13 December 28, 2000 Your assistance is appreciated. APR 2 2 2003 Official Receipt -~Coilier County Board of County Commissioners.'; '. CDPR1103 - Official Receipt Trans Number Date Post Date '" I Payment Slip Nbr 394188 3/31/2003 9:31:44 AM 3/31/2003'~ I SA 111472 I,' . PHYLLIS BYRD Payor: BYRD' .. Fee Code I Description 40LMCP I LOT MOW.-CLEAR.-PRINC Fcc Information ' GL Account Amount i Waived 111' T3891134390800000 $5425.001 Total $5425.00 Payments Payment Code i Account/Check Number Amount ! CHECK ~ 4259 $5425.00: Total Cash i $0.00 Total Non-Cash ~ $5425.00 Memo: Payment of Resolution No.'s: 90-550; g001i3t; gl-406; 94-252; ~4,498; I~dncipal only. $5425.00 Cashier/location: GARRETT_S I 1 User:. HILTONSHANELLE Collier County Board of County Commissioners CD-Plus for Windows g5/NT EXECUTIVE SUMMARY APPROVAL OF TRI-PARTY AGREEMENTS FOR SAWGRASS PINES AND SADDLEBROOK VILLAGE APARTMENTS OBJECTIVE: To approve two Tri-Party Agreements for the purpose of coordinating financial agreements between Collier County, Sawgrass Pines and Saddlebrook Village Apartments, and the Bank of New York Trust Company of Florida. CONSIDERATIONS: The owners of the two multi-family apartment complexes known as Sawgrass Pines and Saddlebrook Village and the County have entered into Agreements for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing. The owners agree to pay the Impact Fee Amount under the terms of this Agreement to their Trustee as satisfaction of its payment obligation under the Deferral Agreement. The Trustee has agreed to hold in the Impact Fee Fund the Impact Fee Amount received from the owner for the benefit of the County for the payment of the impact fees. Due to changes in tax law and Florida Housing Finance Corporation rules Tri-Party Agreements are required to be executed for all multi-family affordable housing impact fee deferral agreements in order to clearly define the process and the roles each entity has in the impact fee deferral process. These Agreements are being executed to coordinate these aforesaid financing arrangements. FISCAL IMPACT: Approval of these Tri-Party Agreements have no fiscal impact. They only clearly define each party's responsibility in the impact fee deferral process. Collier County will still collect 100% of all impact fees due on these projects. GROWTH MANAGEMENT IMPACT: There is no growth management impact from approval of these Th-Party Agreements. RECOMMENDATION: That the Board of County Commissioners execute the following two Tri-Party Agreements for the purposed of clearly defining roles in the impact fee deferral process. SUBMITTED BY: Lauren Beartk~IP Program Coordinator Financial Administration and Housing Department ~-- ~ ~[ Date: APR 2 2 2003 REVIEWED BY: Denton Baker, Director Financial Administration and Housing Department inistrator Division of Community Development and Environmental Services APR 2 2 2003 EXECUTION COPY TRI-PARTY AGi~E~IENT among SAWGRASS PINE~ (the ~"Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY' OF FLORIDA, N.A. a national banking association (the "Trustee") ORLlXCORPSEC~4~'~$ 5 25557/002(~ RMA d~ 3/7/03 9:16 AM' i APR 2 2 2003 i TRI-PARTY AGREEMENT THIS TRI-PARTY AGREEMENT ("Agreement") is being executed as of this __ day of , 2003, by and among SAWGRASS PINES, LLC, a Florida limited liability company (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association (the "Trustee") (collectively, the "Parties"). RECITALS A. The Owner has contracted to purchase, certain real property (herein referred to as the "Premises") located in North Naples, Florida. B. The Owner intends to construct upon the Premises certain improvements and appurtenances (herein referred to as the "Improvements" and together with the Premises referred to as the "Project") to consist generally of an approximately 140-unit low- to moderate-income apartment project and all other improvements as may be required therewith. C. The Owner and the County have entered into a certain Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing dated , 200 (the "Deferral Agreement") with respect to the deferral of certain impact fees in the amount o-~ $1,096,127 (the "Impact Fee Amount"), an executed copy of which Deferral Agreement is attached hereto as Exhibit A and the terms of which Deferral Agreement are fully incorporated by reference. D. The Owner agrees to pay the Impact Fee Amount under the terms of this Agreement to the Trustee as satisfaction of its payment obligation under the Deferral Agreement. E. The Trustee has agreed to hold in the Impact Fee Fund (as defined in that certain Trust Indenture dated as of January 1, 2003, by v, n2 between the Trustee and the Housing Finance Authority of Collier County, Florida (the "Indenture")) the Impact Fee Amount received from the Owner for the benefit of the County for the payment of the impact fees pursuant to Section 5.20 of the Indenture. F. This Agreement is being executed to coordinate the aforesaid financing arrangement. IN ORDER TO IMPLEMENT the above received, the Parties agree as follows: facts and understandings, and for value ORL 1\CORPSEC\493945 5 25557/0020 RMA dw 3/7/(13 916 AM APR 2 2 2003 ARTICLE I REPRESENT~t;i~IoN$ ~'NDr~t~£vtr~.xi~ OF THE COUNYY The County represents and agrees that: Section 1.1. FuilForce and Effect. The Deferral Agreement is with the Owner and is in full force and effect. Section 1.2. Deposit sf lmpact Fee Amomtt. The County agrees.that, notwithstanding anything to the contrary contained in the Deferral Agreement, the Impact Fee Amount shall be deposited into the Impact Fcc Fund pursuant to Section 5.20 of the Indenture with .the Trustee. The County acknowledges that thc Owner shall direct the investment of moneys in the Impact Fee Fund in Permitted Investments. The County agrees that such Impact Fee Amount shall be held solely on the. County's behalf and paid to thc County in accordance with the:written direction of the County as required pursuant to Section 5.20 of the Indenture. The County shall not request or direct the Trustee to disburse any of the Impact Fee Amount except in accordance with the Deferral Agreement and the County's Code of Laws Chapter 74. Section 1.3. Acceptance of Payment from Owner. The County agrees that once such Impact Fee Amount has been paid by the Owner to the Trustee the Owner shall have no further duties, fights, or obligations with respect to the payment of the deferred impact fees under the DeferraI Agreement and that all payment obligations.by the Owner have pursuant to the: Deferral Agreement been satisfied, except as set forth in Section 2_2, below. ARTICLE 11 REPRESENTATIONS AND AGREEMENTS OF OWNER The Owner represents and agrees that- Section 2_1. Completion of Improvements, The Owner will promptly commence the construction of the contemplated Improvements and agrees to proceed toward the completion thereof with good faith and without undue delay in accordance with the plans and specifications relating to Sawgrass Pines Apartments. Section 2.2. Payment of the Impact Fee Amount. Prior to construction completion of the first building in the Project, the Owner agrees to pay to the Trustee for deposit to the Impact Fee Fund the Impact Fee Amount. The Owner agrees and acknowledges that such Impact Fee Amount shall be nonrefundable to the Owner. The Owner agrees and acknowledges that such Impact Fee Amount will be held solely for the benefit of thc County. The Owner agrees to direct the Trustee to invest moneys in the Impact Fee Fund in Permitted Investments. The Owner agrees that if the moneys in the Impact Fee Fund are insufficient to pay the amounts owed under the Deferral Agreement then the Owner shall be responsible for such insufficiency and the Owner further agrees that the County's rights and remedies under the Deferral Agreement shaLt apply with respect to the Owner's obligation to pay the insufficiency. - ORLI\CORPSEC~t93945.5 25557/0020 RMA dw 3/7103 9:16 AM' 2 t~r. NI)A ri'EM APR 2 2 21](13 Section 2.3. Representations and Covenants Regarding £ow-income Housing. The Owner hereby acknowledges and agrees that the County is entering into this transaction for the purposes of facilitating the provision of housing for persons of low and moderate income within North Naples, Florida. To this end, the Owner hereby represents and covenants with the County as follows: (a) The Improvements will comprise one or more similarly constructed dwelling units, each of which will contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a living area, a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. (b) None of the dwelling units in the Improvements will at any time be utilized on a transient basis or will be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park. (c) All of the dwelling units will be rented or available for rent on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the dwelling units in the Improvements, except to the extent that dwelling units are required to be leased or rented to low-income tenants and persons or families of moderate income. Low-income tenants will have equal access to and enjoyment of all common facilities of the Improvements. ARTICLE III REPRESENTATIONS AND AGREEMENTS OF THE TRUSTEE The Trustee warrants and agrees that: Section 3.1. The Escrow Account. The Trustee has agreed to establish the Impact Fee Fund pursuant to the Indenture on behalf of the County. Section 3.2. Acceptance of Performance by the Owner. The Trustee will accept the Impact Fee Amount from the Owner. Ihe Trustee agrees and acknowledges that such Impact Fee Amount shall be nonrefundable to the Owner. The Trustee shall deposit such Impact Fee Amount in the Impact Fee Fund. Section 3.3. Disbursements. The Trustee agrees to disburse from the Impact Fee Fund to the County solely in accordance with the terms and conditions of Section 5.20 of the Indenture. ARTICLE IV MISCELLANEOUS AND GENERAL PROVISIONS Section 4.1. Notices. Any notices, directions, consents or other corr required or permitted to be given hereunder shall be in writing and given by ORLi\CORPSEC\493945.5 25557/0020 RMA dw 3/7/03 9:16 AM certified mail, addressed to the Parties hereto, at the following addresses or to such other addre, aa~ aa the Parties may for themselves designate in writing for the purpose of receiving nt~t;c-~- ~ .... County: Collier County c/o Ass't. CollierCty. Att'y. 3301 Tamiami Trail East Naples, Florida 34112 Attention: Patrick Ca. White with a copy to: Sawgrass Pines, LLC c/o The Richman Group, Inc. 599 West Putnam Avenue Greenwich, CT 06830 Attention: Ms. K. ristin M. Miller Trustee: _ The Bank of New York Trust Company of FIorida, N.A. 10161 Centurion Parkway Jacksonville, FL 32256 Attention: Elizabeth Feezor Section 4.2. Ga, erning ga, vs. This Agreement has been negotiated, made, executed and deIivered in the State of Florida and shall be cons_treed in accordance with the laws of said state. Section 4-.3. Binding Effect. This Agreement shall brad and inure to the benefit of the Parties hereto and their successors, heirs, executors, admimsttatctrs and assigns.. Section 4.4. ,4mendments. This Agreement may not be changed, terminated or modified. orally or in any other manner than by agreement, in writing, signed by the parties hereto. Section 4-.5. Headings. The headings in this Agreement are for convenience of reference and shall not be construed to modify the terms hereof. Section 4.6. Counterparts. This Agreement may be signed in separate counterparts and shall be operative when each party has signed a counterpart. [Signature Page Attached Hereto and Incorporated Herein by Reference.] ORL l\CORPSEC~,493945.5 2555710020 RE. IA dw 3/7/03 9:16 AM 4 APR 2 2 20113 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in manncr and form sufficient to bind them, all as of the date first above written. ATTES~ TREVO~j~. C'OOR~ VICE PR£SIDEN'r ~ THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association Name: ~l,ze~__'~.-- ~ ll~e~l/' Title: /}ie ¢"~e,~kl~,0-- ORLI~C ORPSEC[493oj45 5 25557/0020 RMA dw 3/7/03 9 16 AM APR 2 2 2O03 ATTEST: SAWGRASS PINES, LLC, a Florida limited liability company By:. ' TRG,GP LLC.,a Florida limited liability By: !~~~?anaging member ?finv I~. Miller, President ORL l~CORPSEC~93945.5 25557/0020 RMA o~¢ 3f//03'~!'~'6 AM 6 APR 2 2 2003 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN eleproved as to form and ~it sufficle[,ncy: .~ , Patrick G. White Assist~t County Attorney O RL 1\C0 RPSEC'~493'945 5 25557/0020 RMA dw 3/7t03 9:16 AM APR 2 2 2003 ~. 10 EXECUTION COPY TRI-PARTY AGREEMENT among CREATIVE CHOICE HOMES X/V, LTD.~ (the "Owner'), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "Cotmty'), TIlE BANK OF NEW YORK TRUST COMP~ OF FLORIDA, N.A., a national banking association .~... (the "Trustee") ORL ltCORPSEC~496440 4 20019/00',4 RMA klS 3f7/03 9:20 TRI-PARTY AGREEMENT THIS TRI-PARTY AGREEMENT ("Agreement") is being executed as of this 18th day of March, 2003, by and among CREATIVE CHOICE HOMES XIV, LTD, a Florida limited partnership (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association (the "Trustee') (collectively, the "Parties"). RECITALS A. The Owner has contracted to purchase, certain real property (herein referred to as the "Premises") located in Naples, Florida. B. The Owner intends to c0nstmct upon the Premises certain improvements and appurtenances (herein referred to_as4he~'Smprovements" and together with the Premises referred to as the "Project") to consist generally of an approximately 298-unit low- to moderate-income apartment project and all other improvements as may be required therewith. C. The Owner and the County have entered into a certain Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing dated March 7, 2003 (the "Deferral Agreement") with respect to the deferral of certain impact fees in the amount of $2,170,855.04 (the "Impact Fee Amount"), an executed copy of which Deferral Agreement is attached hereto as Exhibit A and the terms of which Deferral Agreement are fully incorporated by reference. D. The Owner agrees to pay the Impact Fee Amount under the terms of this Agreement to the Trustee as satisfaction of its payment obligation under the Deferral Agreement. E. The Trustee has agreed to hold in the Impact Fees Account (as defined in that certain Trust Indenture dated as of December 1, 2002, by and between the Trustee and the Housing Finance Authority of Collier County, Florida (the "Indenture")) an amount equal to $1,803,882.13 (the "Impact Fee Deposit Amount") received from the Owner for the benefit of the County for the payment of the impact fees pursuant to Sections 5.12 and 6.01 of the Indenture. F. This Agreement is being executed to coordinate the aforesaid financing arrangement. IN ORDER TO IMPLEMENT the above facts and understandings, and for value received, the Parties agree as follows: ORL1~CORPSEC~496440 a 20019t0014 RMA kls 3/7103 9 20 AM APR 2 2 211113 ARTICLE I REPRESENTATIONS AND AGREEMENTS OF THE COUNTY The County represents and agrees that: Section 1. I. Ftdl Force andEffect The Deferral Agreement is with the Owner andis in full rome and effect... Section 1.2. Deln~sit oflmpact Fee Amount The County agrees that, notwithstanding anything to the contrary contained in the Deferral Agreement, the Impact Fee Deposit Amount.. shall b~ deposited into the Impact Fees Account pursuant to Sections 5.12. and 6.O1 of the Indenture with thc Trustee. The County acknowledges that the Owner shall direct the investment-,. of moneys ha the Impact Fees .account in Permitted Investments. The County acknowledges that, Owner has directed the Trustee to invest the Impact Fee Deposit Amoum in 'a Permitted Investment that has guarameed a yield sufficient to increase the Impact Fee Deposit Amount to the Impact Fee Amount by the scheduled due date for the Impact Fee Amount. The County agrees that such Impact Fee Deposit Amount and all investment income thereon shall be held solely on the County's behalf and paid to the County in accordance with the written direction of the County as required pursuant to Sections 5.12 and 6.01 of the Indenture. The County shall not request or direct the Trustee to disburse any of the Impact Fee Deposit Amount and ail investment income thereon except in accordance with the Deferral Agreement and the County's. Code of Laws Chapter 74. ,. ~...- ~ Sect/on t.3: Acceptance of Payment from Owner The County agrees that once such Impact Fee Deposit Amount has been paid by the Owner to the, Trustee the Owner shall have no'.. finXher duties, rights, or obligations with respect to the payment of the deferred impact fees under . the Deferral Agreement and that all payment obligations by the Owner have pursuant to the' Deferral Agreement been satisfied, except as set forth in Section 2.2, below. ARTICLE II REPRESENTATIONS AND AGREEMENTS OF OWNER The Owner represents and agrees that: Section 2. I. Completion of Impro~ementx The Owner will promptly commence the construction of the contemplated Improvements and agrees to proceed toward the completion thereof with good faith and without undue delay ia accordance with the plans and specifications relating to Heron Cove Apartments. Section 2_2. Payment of the Impact Fee Amount The Owner agrees and acknowledges that such Impact Fee Deposit Amount shall be nonrefundabIe to the Owner. The Owner agrees and acknowledges that such Impact Fee Deposit Amount and all investment income thereon will be held soIely for the benefit of the County. The Owner agrees that if the money -' Fees Account are insufficient to pay the amounts owed under the Deferral Agre, ,mer~~ Owner shall be responsible for such insufficiency and the Owner further agrees th~ t APR 2 2 2003 ORL l~CORPSEC~496440 4. 2 2001910014 RMA kls 3/'7/03 920 AM rights and remedies under the Deferral Agreement shall apply with respect to the Owner's obligation to pay the insufficiency. Section 2.3. Representations and Covenants Regarding Lo~-income Housing. The Owner hereby acknowledges and agrees that the County is entering into this transaction for the purposes of facilitating the provision of housing for persons of low and moderate income within Naples, Florida. To this end, the Owner hereby represents and covenants with the County as follows: (a) The Improvements will comprise one or more similarly constructed dwelling units, each of which will contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a living area, a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. (b) None of the dwelling units in the Improvements will at any time be utilized on a transient basis or wiii be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park. (c) All of the dwelling units will be rented or available for rent on a continuous basis to members of the general public and the Owner will not give prefexence to any particular class or group in renting the dwelling units in the Improvements, except to the extent that dwelling units are required to be leased or rented to low-income tenants and persons or families of moderate income. Low-income tenants will have equal access to and enjoyment of all common facilities of the Improvements. ARTICLE III REPRESENTATIONS AND AGREEMENTS OF THE TRUSTEE The Trustee warrants and agrees that: Section 3.1. The Escrow Account. The Trustee has agreed to establish the Impact Fees Account pursuant to the Indenture on behalf of the County. Section 3.2. Acceptance of Performance by the Owner. The Trustee has accepted the Impact Fee Deposit Amount from the Owner. The Trustee agrees and acknowledges that such Impact Fee Deposit Amount and all investment income thereon shall be nonrefundable to the Owner. The Trustee has deposited such Impact Fee Deposit Amount in the Impact .:?ees Account. Section 3.3. Disbursements. The Trustee agrees to disburse from the Impact Fees Account to the County solely in accordance with the terms and conditions of Sections 5.12 and 6.01 of the Indenture. ORLI\CORPSEC\496440 4 2001910014 RMA kls 3/7103 9 20 AM ARTICLE IV .. MISCELLANEOUSA~I} t~E~ERAL PROVISIONS Section 4.1. Notices. Any notices, directions, con.seats or other communications~._ required or pemfitted to be given hereunder shall be in writing and given by registered or certified mail, addressed to the Parties hereto, at the following addresses or to such other addresses as the Parties may for themselves desigrmt_e in writing for the purpose of receiving notices hereunder: Collier County c/o Ass't. Collier Cty. Att'y. 3301 Tamiami Trail East Naples, Florida 34-112 Attention: Patrick G. White with a copy to: Creative Choice Homes XIV, Ltd. c/o Creative Choice Homes, Inc. 4243 Northlake Blvd. PaLm Beach Gardens, Florida 33410 Attention: Mr. John F. Weir Trustee:. The Bank of New York Trust Company of Florida, N.A. 10161 Centurion Parkway JacksonviIIe, FL 32256 Attention: Ms. Christine A. Boyd Section 4..2. Cnn,erning l~zws.' This Agreement has been negotiated, made, executed and delivered in the Stale of Florida and shall be construed in accordance with the laws of said state. Section 4.3. Binding Effect This Agreement shall bind and inure to the benefit of the Parties hereto and their successors, heirs, executors, administrators and assigns. Section 4.4..4mendments. This Agreement may not be cI~anged, terminated or modified orally or in any other manner than by agreement, in writing, signed by the parties hereto. Section 4.5. Headings. The headings in this Agreement are for convenience of reference and shall not be construed to modify the terms hereof. Section 4.6. Counterparts. This Agreexmmt may be signed in separate counterparts and shall be operative when each party has signed a counterpart_ [Signature Page Attached Hereto and Incorporated Herein by Reference.] ORL I\CORPSEC\496440 4 20019/0~14 RMA kl$ 3ff103 9 20 AM ' ~ 4 APR 2 2 2003 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in manner and form sufficient to bind them, all as of the date first above written. ATTEST: THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association By: Name: Title: ORL 1\CORPSEC\496440 4 20019t0014 RMA k~s 3~7/33 9 20 AM ATTEST: PATRICIA G. LAINE CREATIVE CHOICE HOMES XIV,. LTD., a Florida limitad partnership By: Creative Choice Homes XIV, Inc., a Florida corporation, its general partner fflmF. Weir, Senior Vice President ORL 1\CORPSEC~496440 4 20019/0014 RMA kls 3/7/03 9 20 AM 6 APR 2 2 200~ ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney ORLI/CORPSEC~I96440 4 2001910014 RMA kls 3/7/03 9 20 AM APR~ l~222003 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. I~-~se No. Owner of Record Case Summary Lien Amount a. Violation determined 01/10/03 b. Notice of Violation served n/a 2003010447 Baron, Mimon c.Notice of Violation Posted 01/14/03 $255.00 d. Unabated nuisance verified 01/24/03 e.Nuisance abated with public funds 01/30/03 f. Owner invoiced for costs 02/05/03 a. Violation determined 12/05/02 b. Notice of Violations'served undeliverable 2002120239 Benjamson, Lillian E. c.Notice of Violation Posted 12/09/02 $255.00 d. Unabated nuisance verified 1 2/31/02 e. Nuisance abated with public funds 02/05/03 f. Owner invoiced for costs 02/10/03 a. Violation determined 12/10/02 b.Notice of Violation served no green card 2002120411 Jones, Russell H & Judith A. c.Notice of Violation Posted 01/02/03 $255.00 d. Unabated nuisance verified 01/13/03 e.Nuisance abated with public funds 01/28/03 f. Owner invoiced for costs 01/28/03 APR 2 2 2003 a. Violation determined 09/04/02 b. Notice of Violation served undeliverable 02090075 Mc Goon, Lucille Lahaie c.Notice of Violation Posted 10/09/02 $1,350.00 d. Unabated nuisance verified 10/21/02 e. Nuisance abated with public funds 12/18/02 f. Owner invoiced for costs 12/20/02 a. Violation determined 12/27/02 b. Notice of Violation served n/a 2002120865 Walters, T. Lee & William L. c.Notice of Violation Posted 12/27/02 $255.00 d. Unabated nuisance verified 01/08/03 e.Nuisance abated with public funds 01/27/03 f. Owner invoiced for costs 02/03/03 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 $2,370.00 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 $62.50, 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: Iliana Martinez, Customer Service Speci l~t Code Enforcement REVIEWED BY: DATE: wers, Operations Manager Code Enforcement SUBMITTED BY: Micheile ~:.d~ards Arnold, Director Code Enforcement DATE: APPROVED BY: bmmunity Development & Environmental Services DATE: APR 2 2 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COIA,IE~C. OUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON 2375TAMIAMI TR N STE 300 NAPI,F-q, FL 34103 REF. INV.# 2263 DATE: LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUIRFIELD, according to tke plat thereof as recorded in Plat Book 14v Page 75, of the Publir Records of Collier C~mmty, Florida. ~ You, as the own~s) of the property above-described, as recorded in. ~Ne records : maintained by the office of the ~ Appra/ser, are hereby advised that the Code Enforcement., Director, d/d deterrmn~ _a .~l~mblic:mfisam:e exisa:d ors lot 6, and constituted a violation of county regulations on January 2,4, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by. Ckdinance No. 9~-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEI~ GRASS, OR OTHER NON-PROTECTED: OVERGROWTH IN EXCESS. OF EI. GHTF. F.N (18) INCHES. You have failed to Umely abate such nuisance; whereupon, it was abated by the · expenditure of public funds at a direct cost of FIFTY-FIVE ($55:00) DOLLARS and an administrative cost of Two-hundred ($,2.00.0~) dollars for a treat of TWO-HUNDRED FIFTY-FIVE (S2SS.00) DOLLARS. Such co~t, by Resolution of fl~e 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 TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEI% AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIE~/~ APR 2,z 2003 t 2 3 4 5 6 7 8 9 t0 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5! 52 53 54 55 56 57 58 59 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, 1N 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) 6 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 following costs of such abatement, to wit: NAME: BARON, MIMON LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUIRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2263 FOLIO #: 55200240000 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. 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 County, and by recording shall constitute a lien. against the above-described real prope;'ty, 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Thomas d. Palmer,Assistant County Attorney F LIEN/MS'IR RESOLUTION APR 2 2 2003 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BENJAMSON, MARTIN 1. & LILLIAN E. =: DATE: (z~00 YORK AVE S APT #208 EDINA, MN 55455 REF. INV.# 2268 FOLIO #: ~85~ LIEN NUMBER: LEGAL DESCRIPTION: Lot 13 Block 27.4 Unit 6 Part 1 GOLDEN GATE occordin~ to pl~t ~ recorded in Plat Book 9 Page 4 of the Public Records ~ C~dli~r Cmmly, Fi~ida. _ ~ 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 {ot [3 and constituted a violation of county regulations on December 31, 2002, ad. ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACC~ATION OF WEED~,' GRASS, OR OTHER .NON-PROTECTED? O~IERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to time}y abate such nuisance; whereupon, it xvas abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00} DOLLARS and an administrative cost of Two-hundreel ($Z0~.00) dollars for a total of TWO-HUNDRED FIPTY, FIVE ~$25S.00) DOLLARS. Such cost, ~;y Res6ltiii6h-~T'i~]~:~d. of County Commissioners of Collier County, Florida, ahatl become a lien on your propert)' 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 I..2qRL I APR 2:Z 2003 [ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 62 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 wrrH 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 Commissionem, 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 beginmng on the date tin~ Rc~olution 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) 13 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 following costs of such abatement, to wit: NAME: BENJAMSON, LILLIAN E. LEGAL DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2268 FOL10 #: 36385240009 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. 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 County, 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JONES, RUSSELL H & JUDITH A. ::.. DATE: 3047 ANDREWS AVE NAPLES, FL 34112 REF. INV.It 2256 FOLIO #: 392240002 LIEN NUMBER: LEGAL DESCRIPTION: The West ! 15 feet of the South 77 feet of ~he North 805 feet of the Northwest % of Section 13, Township 50 South, Range 25 East, Cailier County, Florida-:~ . You, as the owner(s) of the property above-described, as recorded, in the records maintained by the office of the Property Appra~I am hereby advised that the Code Enfoccement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 13, Z003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEI~, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN;IlS) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by thc 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 coat, by Resolution ot thc Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. I~AILURE TOTIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F~ UENSt MS'YR LNAL APR 2003 1 2 3 4 $ 6 7 g [0 It ~3 14 t5 19 20 21 23 24 25 26 27 29 30 3t 32 33 34 35 36 37 3~ 40 4! 42 43 45 46 4'7 45 49 50 53 54 56 $? 5~ 60 62 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 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 following costs of such abatement, to wit: NAME: JONES, RUSSELL H &JUDITH A. LEGAL DESCRIPTION: The West 115 feet of the South 77 feet of the North 805 feet of the Northwest 1/4 of Section 13, Township 50 South, Range 25 East, Collier County, Florida. COST: $255.00 REFERENCE#: 2256 FOLIO #: 392240002 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 tile above-described property. It' 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 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 properly 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTRRESOLLrI~ION APRi 2 2003 BOARD 0F COUNTY COMMISSIONERS THROUGH ITS CODE ENFOi~CEMENT DEPARTMENT CO! .! ,1F~ll COIJNTY, FLORIDA LEGAL NOTIC~ OF ASSESSMENT OF LIEN MC GOON, LUCILLE L. PO BOX 487 COPELAND, FL 34137-O487 REF. INV.# 2242 FOLIO ~. 11316811~6 LIEN NUMBER: LEGAL DESCRH~ION: A parcel of land lying in and begins A part of the East Yz, Section 12, Township 52 South, Range 29 East, Collier County, Florida. Being more particularly described as follows: Commencing at the Somb ~4 corner Section 12, Township 52 South~ Range 29 East, ~ Collier County, Florida. Thence akmg tim South line of Seetio~ 12, N. 89° 49'05" E. 1567.77 feet to a point on said south line of Section 12; thence N. 1® 47' 35" W. 145.77 feet to the point of beginning them N. 33° 24' 19" E. 36.92 fe~t; thence N. 48° 27' 09' E. 122.91 feet; thence N. 1° 47' 35" W. 28.78feet, thence S. 84°45, 13" W. 134.79 fe~t, thence N. 84° 46' 28" W 242.57 feet, them~ S. 26° 09' 03" E.. 168.75 feet; thence N. 89' 49' OS"' E. 190.00 feet to the point of be$inning, Comaia~g 0.91 acres more or ires. You, as the owner(s) of the property above-described, as recorded in the records maintained by t~e office of the Propet~ Appraiser, are herebY advised that the Code Enforcement D?rector, did determine a public nuisance existed and coz~stituted a violation of county regulations on October 21, 2002, and ordered the.abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5I, aa amended and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF. LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abam such masance; whereupon, it was abated by the expenditura of public funda at a direr coat of ONE-THOUSAND ONE-HUNDRED FIFTY ($1,150.00) DOLLARS and an admimstrative cost of 'i~w~-kundred ($200.00) dollars for a total of ONE THOUSAND THREE- HUNDRED FIFTY ($1,354).~0) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when t~corded after approval by the Board. FAILUI~ TO TIMELY PAY TI~ AMOUNT SI~CIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. APR 2 2 2003 F: Lll~/blS'TR I.NAL 1 2 3 4 5 6 7 8 9 I0 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 65 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 he calculated and reported to thc 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 ( i 2%) per annum. NOWT-q~F'ORE~' BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 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 following costs of such abatement, to wit: NAME: MC GOON, LUCILLE L. LEGAL DESCRIPTION: A parcel of land lying in and begins A part of the East t/z, Section 12, Township 52 South, Range 29 East, Collier County, Florida. Being more particularly described as follows: Commencing at the South ¼ corner Section 12, Township 52 South Range 29 East, Collier County, Florida. Thence along the South line of Section 12, N. 89° 49'05" E. 1567.77 feet to a point on said s~uth line of Section 12; thence N. 1° 47' 35" W. 145.77 feet to the point of beginning thence N. 33° 24' 19" E. 36.92 feet; thence N. 48° 27' 09" E. 122.91 feet; thence N. 1° 47' 35" W. 28.78feet, thence S. 84045' 13" W. 134.79 feet, thence N. 84° 46' 28" W 242.57 feet, thence S. 26° 09' 03" E. 168.75 feet; thence N. 89° 49' 05" E. 190.00 feet to the point of beginning. Containing 0.91 acres more or less. COST: $1,350.00 REFERENCE#: 2242 FOLIO #: 1131681106 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. If within twenty (20) days of the date of mailing that copy, the Owner fails to d~liver 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 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR[DA BY: Deputy Clerk BY: Tom Henning. Chairman Approved as to form and legal sufficiency: Thomas C. l~almer, Assislrant County Attorney F: LIEN/US'IT, RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALTERS, T. LEE & WILLIAM L. 3991 SHADY RIDGE RD FT LAUDERDALE, FL 33312 FOLIO #: 1211080009 REF. INV.# 2258 DATE: LIEN NUMBER: LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, South 87o32'20" East ahmg the North line of said Section- 7.4, for 467.98 feet; thence South 02*27'40" West 150 feet; theme South 87~32'20'' East 1470 feet to the POINT OF BEGINNING; Thence North 02~ 27'40"East 100.00 feet; thence Smath Y2'20" East 60.00 feet; thence South 02~2.7'40'' West lfiO.~0 feet; thence N4wth 87°32"20'' West 60.0~ feet to the POINT OF BEGINNING. 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. d,~termine ,a public nuisance existed on lot 2, and constituted a violation of county · ~egu~ations on January 08, 2003, and ordered the aba~ement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-5 I, as amended and served a notice of violation upon you. The nuL~auce is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED~'-~, OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such rmisance; whereupon, it was abated by the zxpenditure of public funds az ~x~-~J~e~ost-~of FIFTY-FIVE ($,55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($2~5.00) 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: UEN~ M~rR UNAL APR 2 2 200 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 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 63 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, [rmP, EFuV, E. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 2, 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 following costs of such abatement, to wit: NAME: WALTERS, T. LEE & WILLIAM L. LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, Iorated in Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, South 87~32'20'' East along the Nor}h line of said Section 24, for 467.98 feet; thence South 02~27'40'' XVest 150 feet; thence South 8'ff32'20 ' East 1470 feet to the POINT OF BEGINNING; Thence North 02 27'40"East 100.00 feet; thence South 8'/032'20'' East 60.00 feet; thence South 02'27'40" West 100.00 feet; thence North 87*32"20" West 60.00 feet to the POINT OF BEGINNING. .COST: $255.00 REFERENCE#: 2258 FOLIO #: 1211080009 The Clerk shall Ib~ regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the og'neris) 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 County, 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. A'FI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney LIEN/MS'IR RESOLUTION BY: Tom Henning, Chairman APR 2 2 2003 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT FOUR, PHASE ONEa OBJECTIVE To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Four, Phase One" CONSIDERATIONS~ On September 20, 1994, the Board of County Commissioners granted.preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pc!ican Marsh Unit Four, Phase One". 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. 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 growth management impact. Executive Summary pelican Marsh Unit Four, Phase One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Four, Phase One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date REVIEWED BY: Thom~s-~ Kuck, P.~.. - Engineering Review Director / County Engineer APPROVED BY: ~o~e~nistrator unity Dev. and Environmental Svcs. D'at~ APR 2 2 2003 ~._~-' ,,. 'it APR 2 2 2103 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 42 43 44 45 46 47 49 51 52 55 57 59 60 61 RESOLUTION NO. 03- RESOLUTION TO AUTHORIZE FI]qAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT FOUR, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAEqTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 20, 1994 approved the plat of Pelican Marsh Unit Four, Phase One 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 Deparm~ent 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 Four, Phase One, 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 COUN'I~ COMMISSIONERS CO! J.mR COUNTY, FLORIDA By:. TOM HENN]NG, CHAIRMAN Patrick G. White Assistant Collier County Attorney EXECUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF mPELICAN MARSH UNIT FOUR, PHASE TWOn OBJECTIVE To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Pelican Marsh Unit Four, Phase Two" CONSIDERATIONS: On October 4, 1994, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Pe!ic~n Marsh Unit Four, Phase Two". 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. 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 IMPACTt .. 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 growth management impact. APR 2 2003 Exec6tive Summary Pelican Marsh Unit Four, Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Pelican Marsh Unit Four, Phase Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Joh~ R. Houl~d~worth, Engineering Review Senior Engineer Date REVIF~ED BY: ~-~ ' ' . .... Thorn, s E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: Josephh/K/K ' Schmit/c,'~tor CommuWit]v Dev. and Environmental Svcs. D'a't e t APR 2 2 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 39 41 42 43 45 47 49 51 52 57 59 61 RESOLUTION NO. 03- RESOLUTION TO AUTHOI~rZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEME1WrS IN PELICAN MARSH UNIT FOUR, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBB-1TY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commi~ioners of Collier County, Florida, on October 4, 1994 approved the plat of Pelican Marsh Unit Four, Phase Two for recording; and WHEREAS, the Developer has constructed and. m~12~edr the roadway, drainage, and water and sewer/mpmvements in accordance with the approved plans and specifications and as required by the Land Development Code (Coil/er County Ordinance No. 91-102, as amended), and the Ut/lities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, dr~inage, and water and sewer improvements and release of his maintenance security, and WHEREAS, the Engineering Review Department of Community Development Service~ 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 Four, Pha~ Two, 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 Pei/can 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 CO~ -~ .n~R COUNTY, FLORIDA TOM HENNING, CHAIRMAN Approved as to fornl sufficiency: Patrick G. White Assistant Collier County Attorney EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.856/AR-3916 "CREATIVE HOMES COMMERCIAL EXCAVATION", LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28, EAST; BOUNDED ON THE SOUTH BY 31sT AVENUE NE RIGHT-OF-WAY, ON THE WEST, NORTH, AND EAST BY VACANT ESTATES ZONING. OBJECTIVE: To issue a Commercial Excavation Permit to Creative Homes for the project known as "Creative Homes Commercial Excavation" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The petitioner proposes to haul 32,000 C.Y. of fill offsite which requires a Commercial Excavation Permit. This Excavation Summary has been reviewed and approved by Transportation Services. FISCAL IMPACT: The Community Development Division has received $1,004.00 in revenues broken out as follows: Application Fee: $850.00 Permit Fee: $154.00 Total: $1,004.00 GROVVTH MANAGEMENT IMPACT: NONE HISTORIC/ARCHAEOLOGICAL IMPACT: NONE EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: APR 2 2 2003 No FAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: (See Attachment: Conditions of Approval) ENGINEERING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.856/AR- 3916" Creative Homes Commercial Excavation" with the following stipulations: 1) 2) 3) 4) All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to. All conditions for Creative Homes Excavation CU-2002-AR-2866 shall be adhered to. If trees are to be removed as a result of the hauling operations, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. Off-site removal of material shall be limited to 32,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). PREPAR.ED,BY:/' / Stephe& S6a~' P.E., Senior Engineer DATE~. ~, THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR DAi'E APPROVED BY: munit¥ Dev. 8, En¥ironmontal Svcs. Administrator APR 22 2003 AGE. F~A I ,P R7_.-2.. 2003 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIOff~" EXCAVATION PERMIT APPLICATIONS ~NVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standazd Conditions" arc to provide excavation peimit applicants a snmmary of conditions which may affect their projects and which should be taken into consideration during 'all stages of project development: Haul route~s between an excavation site and'an arterial road shah be private with property owner, s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as rnl.i~n! site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated rnnt_,rial should such removal create a hazardous mad condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Cornmi~ioners. Haul mutes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair sha~ by the permittee in accordance with Excavation Ordinance 1'4o. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-44. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall' be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If al~propriate, road impact fees in accordance with Ordinance No. 92-22 shall be pa/d prior to the issuance of an excavation permit. ' The Transportation Service~ Admhgslrafion reserves the right to establish cmCrgeacy weight limits on public roadway~ affected by the off-site removal of excavated mnt_,~,rial; the procedure for establistunent of weight limits shall be the pr~se~ltation of an applicable r~oltlli/~ bofol~ tho Board of Collllty Collxllli.~l'on~ Should weight llmlt~ b~ il~titill~ the pemfittee shall be responsible to implem~t measures to aasur~ that all heavy track loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance ~ shall apply to excavation operations ansi nine thc mainlenm~e,A'ep~Jr of public roads in accordance with current oniinances amir ~pplicable EX'm~IT "B" APR 2003 o Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by thc Development Services Director. The fight of the County to suspend and/or revoke blasting pc.alt authority should it be determhaed that blasting activities are creating unacceptable off-site conditions either ha terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Referczr~ to letter of 5/24/88 Revised 1/13/98 APR 2: 2003 CONDITIONS OF APPROVAL CU-2002-AR-2866 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeologicai artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. 4. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. 5. Blasting shall not be allowed. 6. The excavation will be limited to a bottom elevation of 20 feet below original grade. 7. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 10. 11. The applicant must obtain a clearing permit prior to any on-site clearing. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, a claim being made under the performance bond(s), and no "Notice To Proceed" will be provided until such time as the construction the required improvements takes place. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. Contractor(s) and/or trucking company(s) must carry insurance coverage meeting or exceeding all Collier County minimum requirements. These coverage minimums include: a. Workers Compensation - Statutory minimum b. Commercial General Liability - $1,000,000 CU-02-AR-2866 CONDITIONS OF APPROVAL APR 2 7_003 EXHIBIT C 12. c. Automobile Liability - $1,000,000 d. Collier County named as an additional insured on b. and c. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), ao and Standard Highway Signs Manual b. The signs will be double post mounted c. The warning signs will be a minimum of 48-inches by 48-inches background/black legend d. The supplemental plates will be a minimum of 24-inches by 30-inches background/black legend, mounted on the roadside sign post e. The legends (wording) for said signs will be maximized for legibility f. There will be one of each sign type on each directional approach g. The signs have yellow flashing beacons mounted on the top of the roadside sign post h. The signs have red flags mounted on the shoulder side signpost i. The i. with yellow with yellow signs read as follows: "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in front of affected intersection(s); ii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; iii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET" plate(s) located as indicated; iv. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET" plate(s) located as indicated; v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited to those associated with the Commercial Excavation Permit and Haul Activity from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul trucks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevation and slope; c. Standard exotic removal note; and Clearing Plan. APR 2 2 2003 CU-02-AR-2866 CONDITIONS OF APPROVAL EXHIBIT C EXECUTIVE SUMMARY REQUEST TO AUTHORIZE THE CHAIMAN TO EXECUTE THE ATTACHED CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUMMIT PLACE, PHASE I OBJECTIVE: To authorize the Chairman to execute the Construction, Maintenance and Escrow Agreement for Summit Place, Phase I CONSIDERATIONS: The developer of Summit Place, Phase I has requested that building permits for the multifamily units within this subdivision are allowed to be reviewed and approved prior to the recording of the final plat. No sales of Units can take place until the recording of the final plat. The County will have the performance security in place to ensure the recording of the plat and construction of the infrastructure improvements. FISCAL IMPACT: There is no fiscal impact at this time, appropriate fees will be paid at the time of plat submittal and will be reflected in an Executive Summary recommending approval of the plat. GROWTH MANAGEMENT IMPACT: There is no growth management Impact. Required Impact Fees will be paid prior to the issuance of building permits and prior to the approval of the construction plans. RECOMMENDATION: That the Board authorize the Chairman to execute the Construction, Maintenance and Escrow Agreement. PREPARED BY: - R. Hou l'dsW0rth Senior Engineer DATE Thomas E. Kuck, P.E. Engineering Review Director J~ hp K. ~h~[~i~t, A~mini~s~trator munity Development and Environmental Svcs. APR 2 2 2003 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDMSION IMPROVEMENTS (the "Agreement") entered into this ~ day of March, 2003, between WATERWAYS JOINT VENTURE IV (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter AThe Board@) and WACHOVIA BANK NATIONAL ASSOCIATION (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Summit Place Phase I. B. The subdivision will include certain improvements ~vhich are required by Collier County ordinances, as set forth in a site construction cost estimate (tx. Estimate@) prepared by RWA Inc. (the "developer's Engineer"), a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code (the "Development Code") requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated May 30. 2002 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement.is $_2,351,529.00 (the "Reserved Amount"), and this amount represents 110% of the estimate by the Developer's Engineer of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinaf~ertset forth, Developer, The Board and Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Requfred Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within Four (4) .months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold the Reserved Amount from the Construction Loan, pursuant to the terms of this Agreement. 3. Lender agrees to that the Reserved Amount under the Construction Loan shall be disbt~ed only pursuant to the terms of this Agreement. Lender acknowledges that the execution of this Agreement~;hall not constitute a draw of the Reserved Funds under the Construction Loan, and that such a draw will occur ~ as and when portions of the Reserved Funds are disbursed ("Disbursement") by the Lender pursuant here~ or otherwise under the Construction Loan. 4. Portions of the Reserved Funds shall be released by the Lender to the Developer only~t~pon written approval of the Development Services Director of Collier County, Florida, who shall approve a Disbursement of the Reserved Funds not more than once a month, in amounts due for portions c Improvements done to date based on the percentage completion of such portion of the Required P:~.001 PROJECTS~01-0150.00 SUMMIT PLACE IN NAPLES\000! GENERAL CONSULTATION ~4177~CONSTRUCTION, blAINT & ESCRC AGREEMENT. DOC 031503 10:05 npro~ APR .,2 i multiplied by the respective Required Improvements costs less ten percent (10%). Upon completion of the Required Improvements, the Development Services Director shall approve the release of any remainder of Reserved Funds, except to the extent of $ 213,776.00 (the "Requirement Improvements Retention Amount") which shall available to th-~ County Developer guaranty of maintenance of the Required Improvements for a minimum period on one (1) year pursuant to paragraph 10 of this Agreement. In the event, however, that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County, immediately upon demand, the balance of the Reserved Funds existing as of the date of such demand (the "County Payment Amount"), provided that as a conditions of the obligation of the Lender to pay the County Payment Amount to the County, the County will have executed and delivered to the Lender a statement signed by the Development Services Director to the effect that: (a) Developer has, for more than sixty (60) days after written notification of such failure by County to Developer, failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, ~vill complete the Required Improvements or will complete such portion of such Required Improvements as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the County Payment Amount; (c) The County Payment Amount shall be used by the County for construction of the Required Impcovements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential which the County may sustain on account of the failure of the Developer to carry out and execute the Required Improvements; and, (d) The County will promptly repay to the Lender any portion of the County Payment Amount not expended by the County in completion of the Required Improvements. 5. Written notice to the Lender by the County specifying the amount to be paid to the Developer from the Resets'ed Funds shall constitute authorization by the County to the Lender to release such amount from the Reserved Funds. Payment by the Lender to the Developer of the amounts of Reserved Funds specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for that portion of the Reserved Funds disbursed in accordance with any such letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's Engineer, along with the final project records, have been furnished to the County and have been reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion from the Developer's Engineer, either: (a) notify the Developer in writing of the preliminary approval of the Required Improvements; or Co) notify the Developer in writing of the refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the approval of the Development Services Director. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if such Required Improvements are, in fact, constructed and submitted for approval in substantial compliance with the requirements of this Agreement. ,.,o,[c,s,0,-o,,o.o0 su.,,.,,,, P ,c£ ,N ,pL ,00o2 ,o,,APR 2 2 2003 AGREEMENT.DOC 2 ~ 032503 I 0;115 ~ 8. Should the Reserved Funds be insufficient to complete the Required Improvements, The Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies solely against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any amount other than the Reserved Funds; provided that the Lender has not released any portion thereof to the Developer or to any other person except as required in this Agreement. 10. The Developer shall maintain all Required Improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After the one (1) year maintenance. period by the Developer, then upon submission ora written request for inspection, the Development Services Director shall timely inspect the Required Improvements and, if the Required Improvements are found to be in compliance xvith the Code requirements in effect at the time of the final approval of the Plat by The Board, the Lender's responsibility to The Board under this Agreement shall terminate. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the County, the Developer and Lender, and the respective successors and assigns of the County, the Developer, and the Lender. (Signatures appear next page) p:~001 PROJECTS',OI-0150-00 SUMMIT PLACE IN NAPLES\000! GENERAL CONSULTATION ~Ii7%CONSTRUCTION, MAINT & ESC AGREEMENT. DOC 3 032503 I 0:0.~ , APR 2 2 2003 IN WITNESS WHEREOF, The Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of March, 2003. WITNESSES: WATERWAYS JOINT VENTURE IV, a Florida general parmership By: WATERWAYS AT HIBISCUS, LTD., a Florida limited partnership, Partner By: WATERWAYS DEVELOPMENT, INC., General Partner By: Richard Davenport, President Print Name: Print Name: WACHOVIA BANK NATIONAL ASSOCIATION, a national banking association Albert Fils, Senior Vice-President (Signatures continue next page) P:"J00I PROJECTS',OIo01$0.O0 SUMMIT PLACE IN NAPLES\000! GENERAL CONSULTATION tI417~CONSTRUCTION, ,"SlAINT & ES, AGRE£M ENT. DOC 4 0.32503 o,,.APR 2 2 2003 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Attest: , Clerk Approved as to form and legal sufficiency. '" .~[?? 17[~ ]Z-/.~, County Attorney p:~001 PRO.IECT.%',01-01$0.00 SU,MMIT PLACE IN NAPLES\0002 GENERAL CONSULTATION #.4I?~CONSTRUCTION. MAINT & ES AGREEMENT DOC 5 03Z503 10:0:5 .owAPR 2 2 2003 ~k~/ /~k Engineers, CONSULTING Surveyors &Mappers, _l- ~.. W ~' ../- .I. Planners, & Pro}ect Managers SUMMIT PLACE IN NAPLES SANITARY SEWER POTABLE WATER STORM DRAINAGE PAVING EARTH WORK PRELIMINARY OPINION OF PROBABLE COST SUMMARY SUBTOTAL Contingency (10% of subtotal) TOTAL INCLUDING 10% CONTINGENCY $339,085.00 $216,970.20 $200,550.00 $468,150.00 $912,998.00 $2,137,753.20 $213,775.32 $2,351,528.52 RWA Opinion of Probable Cost SPIN 3-8-03 APR 2 2 2003 ~ 3/1 I/0'3 D'~ [//~'~C'Engineers, C~ ~NO SU" ~TIL ' :~,]'G Surveyors & Mappers, .1- ~.. · · _/...!.. Planners, & Proiect Mamgers PRELIMINARY OPINION OF PROBABLE COST [Project: Hibiscus Village 01-0150 IEstlmated By: Carolina Matiz-Pardo [Checked By: Jamey Anderson SANITARY SEXVER DESCRIPTION UNIT 8" PVC Sanitary Sewer Main (0'-6' cut) 8" PVC Sanitary Sewer Main (6'-8' cut) 8" PVC San/taw Sewer Main (8'-10' cut) 8" PVC Sanitary Sewer Main (10'-12' cut) 4' diameter Manhole (3'-6' depth) 4' diameter Manhole (6'-8' dep~0 4' diameter Manhole (8'-10' depth) 4' diameter Manhole (12'-14' depth) Pump Station 4" PVC Force Main (C-900, Class 150, DR 18) 4" PVC Force Main (C-900, Class 200, DR 14) Hot Tap existing 6" PVC Sanitary Sewer Lateral 6" Double Clean-out Air Release Valve Television Inspection Jack & Bore LF LF LF LF EA EA EA EA EA LF LF EA LF EA EA LS LF RWA Opinion of Probable Cost SPIN 3-8-03 3,750 700 600 550 17 2 2 2 1 4,000 100 1 4,100 115 2 1 50 UNIT TOTAL COST $15.00 $17.50 $22.50 $23.00 $1,585.00 $2,100.00 $2,910.00 $4,700.00 $60,000.00 $8.00 $I0.50 $2,8OO.OO $11.00 $320.00 $1,410.00 $10,0( ).00 $15C 00 $56,250.00 $12,250.00 $13,500.00 $12,650.00 $26,945.00 $4,200.00 $5,820.00 $9,400.00 $60,000.00 $32,000.00 $1,050.00 $2,800.00 $45,100.00 $36,800.00 $2,820.00 $10t000.00 ~ $7,500.00 APR 2 2 2003 q 3n 1/o3 CONSULTING Surveyors&Mappers, ..I- ~.. · · .d- ~ Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson SANITARY SEWER DESCRIPTION Sanitary Sewer Sub-Total UNIT IQUANTITY L .~'qiT COST TOTAL $339,085.00 RWA Opinion of Probable Cost SPIN 3-8-03 APR 2 Z 2003 CONSULTING ,I- ~ · · _/..l- Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01-0150 Estimated By: Carolina Mntlz-Pnrdo Checked By: Jamey Anderson IRRIGATION I DESCRIPTION UNIT 4" PVC Irrigation Main (C-900, Class 150, DR 18) 4" PVC Irrigation Main (C-900, Class 200, DR 14) 8" PVC Imgation Main (C-900, Class 150, DR 18) 8" PVC Irrigation Main (C-900, Class 200, DR 14) 4" Gate Valve W/Box 4" Plug Air Release Valve Remove plug and connect Irrigation Main 8" Sleeve Irrigation Sub-Total LF LF LF LF EA EA EA EA LF IQUANTITY I UNIT COST $6.54 $8.95 $11.96 $13.73 $464.20 S250.00 $1,010.50 $409.36 $15.00 TOTAL $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RWA Opinion of Probable Cost SPIN 3-8-03 APR 2 2 2003 fll _ D'~?AmC'Engineers, CONSULTING Surveyors &Mappers, _t. ~.. W W -/.= ~ Planners, & Project Mamgers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01..0150 Estimated By: Carolina Matlz-Pardo Checked By: Jamey Anderson POTABLE WATER DESCRIPTION UNIT [ QUANTITYI UNIT TOTAL COST 3" PVC Conduit 1" Water Service 8" PVC Water Main (C-900, Class 150, DR 18) 8" PVC Water Main (C-900, Class 200, DR 14) Fire Hydrant and Valve 8" Gate Valve w/box Air Release Valve Temporary Blow-off 3/4" Water Meter Hot Tap existing PVC Water Main Temporary Backflow Preventer Potable Water Sub-Total LF 2,400 LF 4,187 LF 5,600 LF 100 EA 13 EA 8 EA 2 EA 2 EA 230 EA 1 EA I $2.50 $6,000.00 $10.00 S41,870.00 $12.00 $67,200.00 $14.00 $1,400.00 $2,500.00 $32,500.00 $825.00 $6,600.00 $1,010.00 $2,020.00 $1,237.90 $2,475.80 $208.28 $47,904.40 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $216,970.20 RWA Opinion of Probable Cost SPIN 3-8-03 APR 2 2 2003 CONSULTING Susve3ors & Mappers, ~ ~ · · ../_ ..I. Planners, & Proiect M:magers PRELIMINARY OPINION OF PROBABLE COST Project: Hibiscus Village 01=0150 Estimated By: Carolina Mntiz-Pardo Checked By: Jamey Anderson STORM DRAINAGE DESCRIPTION 12" ADS PVC 15" RCP 18" RCP 24" RCP 18" Flared End 24" Flared End Valley Gutter Inlet Yard Inlet Junction Box Control Structure UNIT LF LF LF LF EA EA EA EA EA EA QUANTITY [ UNIT COST TOTAL 1,200 $10.00 $12,000.00 400 $20.00 $8,000.00 1,800 $22.00 $39,600.00 900 $30.00 $27,000.00 11 $950.00 $10,450.00 6 $1,210.00 $7,260.00 22 $1,920.00 $42,240.00 11 $500.00 $5,500.00 12 $4,500.00 $54,000.00 1 $6,500.00 $6,500.00 Storm Drainage Sub-Total $200,550.00 RWA Opinion of Probable Cost SPIN 3-84)3 APR 2 2 2O03 CONSUL Surveyors & Mappers, -1- ~ · · _l...I. Manners, & Proiect Managers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson PAVING & GRADING DESCRIPTION Valley Gutter Type A Curb Type F Curb 1 1/2" Asphaltic Concrete (Type S-I 11) 8" Limerock Base (LB~. 100) 12" Stabilized Subgrade (LBR 40) 5' Concrete Sidewalk Signing and Sniping Turn Lane CR 951 LF 11,200 $6.00 LF 770 $9.00 LF 320 $12.00 SY 17,700 $4.00 SY 17,700 $5.00 SY 21,600 $1.80 LF 11,200 $10.00 LS 1 $5,000.00 EA I $75,000.00 Paving Sub-Total TOTAL $67,200.00 $6,930.00 $3,840.00 $70,800.00 $88,500.00 $38,880.00 $112,000.00 $5,000.00 $75,000.00 $468,150.00 RWA Opinion of Probable Cost SPIN APR 2 2 2003 .... CONSULTING' Surveyors & Mappers, -L. ~.. V V ..L ..L. Planners, & Project Mamgers PRELIMINARY OP1NION OF PROBABLE COST IProjeet: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson EARTH WORK DESCRIPTION Lake Excavation Place & Compact Fill Clearing (Bum-on-Site) Sod Lake Banks (12' wide except Littoral) Sod Perimeter Berm COST CY 211,714 $2.00 CY 146,600 $2.50 AC 48 $2,500.00 LF 5,000 $0.35 LF 6,600 $0.20 TOTAL $423,428.00 $366,500.00 $120,000.00 $1,750.00 $1,320.00 Earthwork Sub-Total $912,998.00 RWA Op/nion of Probable Cost SPIN 3-8-03 APR 2 2.2003 I 3/11/03 EXECUTIVE SUMMARY APPROVE A TDC CATEGORY "A" GRANT APPLICATION AND BUDGET AMENDMENT IN THE AMOUNT OF $16,000 FOR INSTALLATION OF GATES AT SOUTH MARCO BEACH ACCESS PARKING AREA Obiective: To improve the safety and amenity of the South Marco Beach Access parking area by installing electrical entrance and exit gates. Considerations: Gates are needed at the parking lot for the South Marco Beach Access to curtail vandalism and nighttime noise and to increase the area's safety. The Parks and Recreation Department prepared a grant application seeking TDC Category A funds for this project. The Parks and Recreation Advisory Board approved the grant application at its regularly scheduled meeting December 18, 2002. The Tourist Development Council approved the application on January 27, 2003. Fiscal Impact: The $16,000 will be transferred from Tourist Tax Reserves (195) to the South Marco Beach Access Parking Gates project (90018). Growth Mana.qement Impact: The value of this facility is inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners approve the TDC Category "A" grant application for $16,000 and approve a budget amendment transferring $16,000 from the Tourist Tax Reserves to the South Marco Beach Access Parking Gates project. Reviewed by: Approved by.' ert, Director Tourism Department Date: lo~ph K. Schmi'tt, Adnfinistr.at_or /6mmunity Development and Environmental Services ~Ta~OA rr~ APR 2 2 2003 EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT OF $249,000 FOR THE EXPENDITURE OF FUNDS FROM FUND 186-1MMOKALEE REDEVELOPMENT, FOR PROJECTS WITHIN THE IMMOKALEE REDEVELOPMENT AREA. OBJECTIVE: To approve a budget amendment to transfer $249,000 from reserves to the operating budgets within Fund 186-1mmokalee Redevelopment, for projects within the Immokalee Redevelopment Area. CONSIDERATIONS: On March 19, 2003 the Community Redevelopment Agency approved the allocation of $249,000 from the Immokalee Redevelopment Trust Fund (Fund 186) for two projects within the Immokalee Redevelopment Area. The first project was the allocation of $200,000 from the Immokalee Redevelopment Trust Fund (Fund 186) towards utility and road projects in the 10th Street and Clifton Street Vicinity, as depicted in Figure 1. This budget amendment of $200,000 for the expenditure of funds from Fund 186-1mmokalee Redevelopment will fund utility and road projects within the Immokalee Redevelopment District. The second project was the allocation of $49,000 from the Immokalee Redevelopment Trust Fund (Fund 186) for the funding of an Economic Incentive Study for the Immokalee Area. This budget amendment of $49,000 will be used for the funding of an Economic Incentive Study for the Immokalee Area prepared by Robert Charles Lesser & Co., LLC. FISCAL IMPACT: The $249,000 for the above two projects will be allocated from Reserves of Fund 186 (Immokalee Redevelopment). GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including Immokalee, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: Recommendation that the Board of County Commissioners (BCC) approve the attached budget amendment of $249,000 for the funding of projects within the Immokalee Redevelopment Area. PREPARED ' D. tAN DESIGN PLANNER COMMUNITY PLANNING ~, REDEVELOPMENT SECTION RE~IE~W--~D BY: / / RANDY COHF::/N, MANAGER COMMUNITY PLANNING & REDEVELOPMENT SECTION DAT~ DATE AGEI~A ITE~ APR 2 2 2003 MARGAREp] WUERSTLE, AICP )LANNING~SERVICES DEPARTMENT DIRECTOR DENTON BAKER DIRECTOR FINANCE ADMINISTRATION AND HOUSING DATE DATE /~ /~ ~ / d~OCEPH K. SCHMITT ¢ ADMINISTRATOR ~30MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE ASEI~A APR 2 2 2003 EXECUTIVE SUMMARy APPROVE FY 2003-2004 (July 1, 2003 to June 30, 2004) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) BUDGETS AND AUTHORIZE THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT TO HIRE ONE ADDITIONAL STAFF MEMBER TO IMPLEMENT AND ADMINISTER THE CDBG AND HOME PROGRAMS. OBJECTIVE: Approve FY 2003-2004 CDBG and HOME Program Budgets (July 1, 2003 to June 30, 2004) and authorize the Financial Administration and Housing (FAH) Department to hire one additional staff member to implement and administer the CDBG and HOME Programs. CONSIDERATIONS: The County has been notified by the U.S. Department of Housing and Urban Development (HUD) that it will receive a new grant program - Home Investment Partnerships (HOME) -funding of $793,929. This new grant program, HOME, and an increase in CDBG program funding from $2,159,000 to $2,774,000, the FY 2003-2004 total grant amount of $3,617,929, require one additional staff to effectively administer these grant programs. Staff is requesting that the BCC approve the attached budget amendments and authorize the FAH Department to hire one additional staff member to administer and implement the CDBG and HOME Programs. This position will be funded entirely from the CDBG & HOME funds as a grade 20 with a salary range of $37,078 - $49,653. This position will not increase the CDES Division's FTE counts, but will be filled through divisional transfer from within CDES to the FAH Department. FISCAL IMPACT: The HUD CDBG grant allocation is expected to be $2,774,000 and the HOME grant allocation amount is expected to be $793,929. Of this amount, up to 20% (or $554,800) is allowed for CDBG and up to 10% (or $79,393) is allowed for Administration and Planning purposes. The One Year Action Plan FY 2003-2004 proposed Administration budget is $473,000 (or 17.05%) of the CDBG amount and $74,000 (or 9.322%) of the HOME amount. The CDBG staff and operational costs will be paid entirely with these funds. GROWTH MANAGEMENT IMPACT: The Consolidated Plan One-Year Action Plan proposed projects implement the Growth Management Plan and Redevelopment Plans by providing infrastructure improvements & housing assistance to improve the health, safety and welfare of the community. A~A ~ APR 2 2 2003 RECOMMENDATION: The Board of County Commissioners to approve the FY 2003-2004 CDBG and HOME Program Budgets (July 1, 2003 to June 30, 2004) for the U.S. Department of Housing and Urban Development's CDBG and HOME Programs and authorize the FAH Department to hire one additional staff member to administer and implement the CDBG and HOME Programs. SUBMrlq~D BY: ~ Date: Lee ~eral Grants Manager REVIEWED BY:~L~(~~- ~ Date: APPROVED BY: // t~'-'-~,~-Tt~~to; Jose~>h K. Schmitt, ~DES Administra t APR 2 2 2003 CDBG Budget FY 03-04 FUND # 121 CC #138755 Project # 34505 REVENUES FY 2003-2004 allocation $2,778,000 Total Revenues $2,778,000 EXPENSES Budget Total Personnel Expense $ 370,600 Total Capital Expense $ 33,000 Total Operating Expense $ 72,400 Total Admin $ 476,000 Remittance to Other County Departments $ 213,000.00 Remittance to Other Govt (Naples & Marco) $ 500,000.00 Remittance - Private Or~lanizations (~lrants) $ 1,589,000.00 Total grants $ 2,302,000 Total CDBG I $ 2,778,000 proposed CDBG budget 03-04 - Exec Summary 4/3/2003 APR 2 2 2003 HOME Budget FY 03-04 FUND # 121 CC #138755 Project # 34550 REVENUES FY 2003-2004 allocation $793,929 Total Revenues $793,929 EXPENSES Budget Total Personnel Expense $ 26,900 Total Operatin~l Expense $ 47,100 Total Admin $ 74,000 Remittance to Other County Departments $ 358,750 Remittance - Private Or~lanizations (grants) $ 361,179 Total ~lrants $ 719,929 Total HOME I $ 793,929 proposed HOME budget 03-04 - Exec Summary 4/3/2003 AC.~.NOA~ APR 2 2 2003 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE $206,000 IN ADDITIONAL FUNDING TO AUGMENT CURRENT APPROPRIATIONS FOR CONSULTING AND LEGAL SERVICES FROM 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, DEFENSE OF CHALLENGES TO THE NOTICE OF INTENT BY DCA TO FIND THE RURAL FRINGE AMENDMENTS IN COMPLIANCE, AND 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 funding for and recognition of legal and consulting services in excess of budgeted appropriations associated with the challenges to the Rural Fringe Amendments, and the FY03 Rural (Eastern) Lands GMP amendments development, adoption and compliance process in the amount of $206,000. 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. The 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 staff at it's regular meeting of May 14, 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 procelss underway.I APR 2 2 2003 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, and for the litigation in defense of the final order amendments, was planned and budgeted with a total approved budget for outside legal and consultant services of $348,747 within the Comprehensive Planning Section Cost Center Fund 111-138317. The work program (attached) for completion of the LDC 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 staff of 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 FY03 of $245,044 less available $39,000 for a total new funding request of $206,000. The portion of fees associated with the checkbook concurrency GMP amendments and LDC ($95,573) has previously been appropriated in Fund (101) Road & Bridges. FISCAL IMPACT: Approval of this supplemental funding request will increase the FY03 expenses appropriation in Comprehensive Planning Fund 111 by $206,000 with corresponding transfers of $206,000 from Fund (111) MSTD General Fund Reserves. 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 budget amendment requests totaling an additional $206,000 in FY03 expenses appropriations 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 (SRA). APR 2 2, 2003 AttachmentsPREPARED BY:,~q~axn ~its~'ngerl AICF~ ~ C/0~ehensive mlannin?f2er REVIEWED BY: Margaret ~erstle', Planning Services Director REVIEWED BY:D~ /~n~X~min. and H~g Director /Jo56ph K. Schmitt, Administrator 6mmunity Dev. & Environmental Services DATE: DATE: DATE: DATE: APR 2 2 2003 CARLTON FIELDS MEMORANDUM · To: Stan Litsinger From: Nancy Linnan Date: February 24, 2003 Re: Collier County Billing Via E-Mail stanlitsinger @ coiliergov.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 flies. 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. - ~A~ A APR 2 2 2003 T^L#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 APR 2 2 2003 WORK PROGRAM Collier County Land Development Code Revisions For Fringe Area and Eastern Lands Amendments Overall Approach Work with Collier County to develoP work program; isolate portions of program that will be prepared/carried 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. 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 Maria 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. bo 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 Maria Community and College. Again, WilsonMiller should prepare the initial draft. RWA would then refine the draft LDC with iR ~,~ :~i~a, iOA rrtM" APR 2 2 2003 Carlton Fields and County staff. This section would begin in Cycle III for adoption. 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 II. (See below) do 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. Fringe 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. 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: TAL#527117.2 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 6.1) 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) 2 APR 2 2 2003 Public ao TAL#527117.2 Definitions - 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 North 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. (1) DSAC - DeveloPment Services Advisory Committee (1) CCPC - Collier County Planning Commission (2) BCC - Board of County Commissioners (2) APR 2 2 2003 bo 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 - 10 hours Preparation and/or editing of LDCs prepared by WilsonMiller on procedural issues - 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/hrng. = 168 hrs. 60% of the hearings attributable to Eastern Lands (101 hrs) and 40% to Fringe Area (67 hfs)]. 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#527117.2 Summary Fees: Sullivan - 186 hrs @ $190/hr ......................... $35,340 Linnan- 149 hfs @ $250/hr ........................... $37,250. $72,590 APR 2 2 2003 b. Expenses: Copy costs - Est .................. Telephone - Est ................... Travel - [See Note] ............ $50O $3OO $22,680 $23,480 c. 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 ao Fees: Eastern Lands 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. TAL#527117.2 o 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. - APR 2 2 2003 Summary Fees: Sullivan - 133 hrs @ $190/hr ......................... $25,270 Linnan - 125 hrs @ $250/hr ............................ $31,250 $56,52O Co Expenses: Copy costs - Est ..................$500 Telephone - Est .................. $300 Travel - TDR WkShp x 2 ... $ 3,600 Travel - (See previous Note) $15,12Q $19,520 Total Carlton Fields Cost for Fringe Area .................................. $76,040 RWA Fees: Fringe Area 270 hours @ $140/hour ..................... 25 hours @ $55/hour ..................... $ 37,800 $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 ............................... $270,525 TAL#527117.2 APR 2 2 2003 Timing of Amendment Cycles Timing - Eastern Lands: Note that Policy 1.13 (Eastern Lands) requires that the LDRs for the creation of the Stewardship District must be adopted within 1 year of the effective date of the Plan amendment. The goal is to bring the procedural issues in the Eastern Lands LDCs into Cycle I. Adoption of these LDCs will provide a basis for processing the Ave Maria Community DRI. The Group 5 environmental requirements to protect water quality and quantity, water regime and listed plant and animal species will be processed in the Cycle II. The Stewardship Area Overlay design standards will be processed during Cycle III. Timing - Fringe Area: The goal is to bring all of the Fringe Area LDCs, except the TDR provisions, into Cycle II. The TDR provisions will be processed in Cycle III. TALg527117.2 7 APR 2 2 2003 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING CONTINUAL REGIONAL COORDINATION EFFORTS BETWEEN THE COLLIER COUNTY MPO AND THE LEE COUNTY MPO OBJECTIVE: To pass a r~$olution requesting continual regional coordination efforts between the Collier County MPO and the Lee County MPO. CONSIDERATIONS: Metropolitan Planning Organizations (MPOs) are the duly designated and constituted agencies responsible for carrying out the urban transportation planning and programming processes for urbanized areas. All five County Commissioners are voting members of the MPO Board. Collier County MPO staff and Lee County MPO staff currently coordination regional transportation issues by collaborating at meetings such as the Metropolitan Planning Organization Advisory Council (MPOAC), Coordinated Urban Transportation Studies (CUTS), and the Southwest Florida Regional Planning Council (SWFRPC). The elected and appointed officials comprising the policy boards of the Collier County MPO and the Lee County MPO recognize the benefits of regional cooperation. clSCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This is consistent with Collier County's Growth Management Plan. RECOMMENDATION: Authorization for the Chairman to sign a Resolution to the MPO Board, requesting continual regi,onal coordination efforts between the Collier County MPO and the Lee County MPO. // ~,~ Prepared by: L~,~~//~~~ Date: L~'/J3/]~)...~) Tn'~'~ L. Cal~di~, Plan"~ng TeChniCian Reviewed by: ~ Date: Diane~l~g{h Directoy,~Alternative Transportation Modes I / Approved by: Date: Norrrian E. Feder, Transportation Services Administrator · ' / AGENDA I,TEM APR 2 2 20O3 Pg. RESOLUTION NO. 2003- A IIESOLUTION OF TIIE COLLIER COUNTY BOARD OF COUNTY CO.MMISSIONERS REQUESTING CONTINUING REGIONAL COOILDINATION EFFORTS BETWEEN TIlE STAFF OF TIlE COLLIER COUNTY .MPO AND TIlE LEE COUNTY MPO. XA'hereas, Metropolitan Planning Organizations (MPO's) are the duly designated and constituted agencies responsible for carrying out the urban transportation planning and programming processes for urbanized areas; and Whereas, the elected and appointed officials comprising the policy boards of the Collier County MPO, which includes all five Collier County Commissioners, and the Lee County MPO both recognize the benefits of regional cooperation; and ~?,'hereas, the members of the Collier County MPO and the Lee County MPO have previously voted unanimously for their respective staffs not to pursue cousolidation of' the MPO's or plans that would aher the present MPO Planning boundaries; and ~Xherens, the members of the Collier C>unty MPO and the Lee County MPO have previously voted unanimously for their staffs to coordi:~ate transportation planning and policy activities in this bi-county :'egion to promote regional transportation solutions and enhance overall regional transportation sys:em efficiency using a straightforward, resourcer'ul method; and '0, hereas, tile staff and members t¥om both the Collier and Lee County MPO's currently coordinate regional transportation issues by collaborating at meetings such as the Metropolitan Planning Organization Advisory Council (MPOAC), Coordinated Urban Transportation Studies (CUTS), and the Southwest Florida Regional Planning Counci! (SWFRPC); and Where;ts, the members of the Collier County MPO and the Lee County MPO concur lhat if an issue can not be resolved through staff interaction, staff will organize a joint meeting of the MPO Boards to resolve said matter. NO\V THEREFOKE, BE ti RESOLVED BY THE BO.MUD OF COUNTY COMM1SSIONEI~,S OF COLL1ER COUNTY, FLORID.ah that: 1. The Collier County Board of County Commissioners requests its Metropolitan Planning Organization slaff and the Lee County Metropolitan Planning Organization staff to continue coordination efforts by serving as voting members of each other's Technical Advisory Committees, and to effectively coordinate regional transportation solutions utilizing existing organizational structures, as stated in Joint Resolution 2003-1 of tile Collier County MPO and Lee County Ix[PO regarding Regional Coordination, which is attached and incorporated by reference. ~ 2. In furtherance of Joint Resolution 2003-1, the Collier County Board of Coun_ty Commissioners requests its Metropolitan Planning Organization staff and the Lee County Metropolitan Planning Organization staff to organize joint Metropolitan Planning Organization Policy Board meetings at least annually, as stated therein. Page 1 of 2 AGENI~A ~'EM No._ILar5 - APR 2 2 2003 PASSED .-MND DULY ADOPTED by the Board of County Commissioners of Collier Count.',', Florida, this . day of. _, 2003. ATTEST: D~vight E. Brock By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairperson Approved as to form and legal sufficiency: Jennifer 715 t}elpedio? Assistant Cotmty Attorney Page 2 of 2 JOINT RESOLUTION NO. 2003-1 A JOINT RESOLUTION OF THE COLLIER COUNTY MPO AND LEE COUNTY MPO REGARDING REGIONAL COORDINATION. Whereas, Metropolitan Planning Organizations (MPOs) are the duly designated and constituted agencies responsible for carrying out the urban transportation planning and programming processes for urbanized areas; and Whereas, the elected and appointed officials comprising the policy boards of the Collier County MPO and the Lee County MPO recognize the benefits of regional cooperation; and Whereas, on October 17, 2002, at a joint meeting, the members of the Collier County MPO and Lee County MPO voted unanimously for staff not to pursue consolidation of the MPOs or plans that would alter the present MPO Planning boundaries; and Whereas, on October 17, 2002, at a joint meeting, the members of the Collier County MPO and Lee County MPO voted unanimously for staff to coordinate transportation planning and policy activities in this bi-county region to promote regional transportation solutions and enhance overall regional transportation system efficiency using a straightforward, resourceful method; and Whereas, staff and Board members from both the Collier and Lee County MPOs currently coordinate regional transportation issues by collaborating at meetings such as the Metropolitan Planning Organization Advisory Council (MPOAC), Coordinated Urban Transportation Studies (CUTS), and the Southwest Florida Regional Planning Council (SWFRPC); and Whereas, the members of the Collier County MPO and Lee County MPO concur that if an issue is irresolvable, staff will organize a joint meeting of the MPO Boards to resolve said matter. NOW THEREFORE, BE IT RESOLVED BY THE COl.L[ER COUNTY METROPOLITAN PLANNING ORGANIZATION AND THE LEE COUNTY METROPOLITAN PLANNING ORGANIZATION, that: In order to coordinate regional transportation solutions effectively utilizing existing organizational structures, the Collier County Metropolitan Planning Organization Staff and the Lee County Metropolitan Planning Organization Staff will continue coordination efforts by having a member of each MPO staff serve as a voting member of each other's Technical Advisory Committee. Collier-,,County Metropolitan Planning Organization staff and the Lee County Metropol~itan Planning Organization staff are authorized to organize joint Metropolitan Planning Organization Policy Board meetings at least annually. AGENDA IT, EM APR 2 2 2003 PASSED AND DULY ADOPTED by the Collier County MPO, Collier County, Florida this ~t~ day of [;e~, 2003. COLLIER COUNTY MP(~ BOARD By: 4, airman, Collier County MPO Cou ~tn"~vI~ch ae By:_ Diane t~agg, Director, Alternative Transportation Modes Collier County Transportation Services (Collier County MPO staff agency) Approved as to form and legal sufficiency: Assistant County Attorney PA.S.SE..D~AND DULY ADOPTED by the Lee County MPO, Lee County, Florida this ~.. day o~12)03. LEE COLIN~Y' O BOARD By: Councilman Dick Walsh, Chairman, Lee County MPO ATTEST: ~avid Burr, Executive Director Southwest Florida Regional Planning Council (Lee County MPO staff agency Ap. roved as to_form and ~___.~n~.Assistant County Attorney No._, I t r.,D APR 2 2 2003 Pg. ~ EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 4 IN THE AMOUNT OF $10,152.75 TO BETTER ROADS, INC. FOR THE LIVINGSTON ROAD PROJECT, PHASE III, FROM PINE RIDGE ROAD TO IMMOKALEE ROAD, PROJECT NO. 62071. OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. 4 in the amount of $10,152.75 to Better Roads, Inc. for the Livingston Road Phase III Project, Pine Ridge Road to Immokalee Road, Project No. 62071. CONSIDERATION: On September 24, 2002, the Board of County Commissioners approved the contract with Better Roads, Inc. for the six lane Livingston Road Phase III Project, from Pine Ridge Road to Immokalee Road (Agenda Item 10H). This Change Order represents additional work as outlined below: 1) Added dust fence to protect the existing YMCA pool. 2) Added five structures that were shown on the plans, but not included in the bid quantities. ,.~)'\FISCAL IMPACT: Funds in the amount of $10,152.75 are available the Transportation ~e'~ ~ ~-ax fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 58) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 4 in the amount of $10,152.75 to Better Roads, Inc., for the Livingston Road Phase III Project, Project No. 62071. SUBMITTEDBY~~. ~ DATE: ~t/~'~'t~e5 LY~ R. Thorpe, P.E., Principal Project Manager Gregg R. Strakaluse, Director, T.E. & C.M.D. ' ' [ Steve ~hael l, Dire~or NormandE. Feder, AICP, Administrator /lransportation Division DATE:_~ AC-,,ENQA ITEM APR 2 2 2003 Pg. t PROJECT NAME: BID/RFP #: NAME OF FIRM: CONTRACT MODIFICATION CHECKLIST FORM Livin.qston Road Phase III MODIFICATION #: 4 Better Roads, Inc. CONTRACT AMOUNT: ORIGINAL $18,899,386.08 CURRENT COMPLETION DATE(S): ORIGINAL: 11130104 CURRENT: 11/30/04 PROJECT #: 62071 CURRENT $ 19,189,590.24 Added si~ln for M.O.T., added dust fence SUMMARY OF PROPOSED CHANGE(S): to protect YMCA pool and added structures that were omitted in the bid quantities. JUSTIFICATION FOR CHANGE(S): The proposed chan.qes aid in the M.O.T., protect adiacent private property and correct omissions. PARTIES CONTACTED REGARDING THE CHANGE: Mike Marion, Aim, Steve Rifler, T.E.C.M.D. 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 M~N~ER REC. OMMENDATION: APPROV .~,.~._ ~.. ~-'' Date: DISAPPROVE: Date: COMMENTS: 11/07/02 AGEND~ IT~F.~I No. APR 2 2 2003 pg. ~- CHANGE ORDERS4 TO: Better Roads, Inc. P.O. Box 9979 1910 Seward Ave. Naples, FI 34109 FROM: Project Name: Livingston Road III Project No. #62071 Pine Ridge to Immokalee Purchase Order Dated: P.O. NO. Change Order No.: October 24, 2002 207487 (Better Roads) 4 Collier County T.E.C.M.D. 2675 Horseshoe Dr. South Suite 401 Naples, FL 34104 Date: Change Order Description: April 3, 2003 Addition of Traffic Control, Dust Control, and Drainage Structures [hat were not included in the bidl Odginal agreement amount .................................................................................................. This Change Order ............................................................................................................. Amoun~ of previous change orders Revised Agreement Amount .............................................................................................. Original contract time in calendar days. ................................................................... Adjusted number of calendar days due to previous change orders ................................. This change order adjusted time is ........................................................................ Revised Contract Time in working days ............................................................... Original Notice to Proceed date ............................................................................. Completion date based on original contract time ....................................................... Revised completion date due to change order(s) ....................................................... 18,899,386.08 10,152.75 280,051.41 19,189,590.24 75O 0 0 750 November , ~uu~ November 30, 2004 November 30, 2004 Your acceptance of this change order shall const)tute a modification to our Agre"..ment and will be performed subiect to all of the same terms and conditions as contained in said Agreement indicated above, as fully as Jf the same were repeated in this acceptance. The acl]ustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth heroin, including claims for impact and delay costs. ///Joseph"M. Resflno, .~etter Roads, Inc. Approved by: Approved by:. Date: Date: Norman K. Feeder, Transportation Administrator Gregg'R. Stral~aluse,~Director, T.E. & C.O.D. / _...g~nn'~ Thorpe, P.E., Principal Project Manager,'l'.E. & C.M.D. Steve Ritter, Pr.~j~ Manager T.E. & C.I~.D, ~ic[~ael'Mari~bn, AIM En, gineering, Project Eng. Date: AGEND~ iTE'NI APR 2 ?. 2003 Pg. ~ To compensate for addition of Traffic Control, Dust Control, and Drainage Structures that were not included in original bid. Provide for: Unit Price Pay Item # Quantity Description $362.25 700-4-1 1 EA Keep Right Sign (within phase II Project Boundaries). 104-13-2 1 LS 6' Dust Fence (YMCA pool) $787.50 425-1-549 2 EA Type 'D' Ditch Bottom Inlet <10' (S-401, S-404) $2,250.75 425-1-549 2 EA Type 'D' Ditch Bottom Inlet <10' Mod w/J Bottom $2,250.75 (CS-l, CS-3) TOTAL $362.25 $787.50 $4,501.5O $4,501.50 $10,152.75 -- AGENDA ITEM No,_ I~-~ ¥~ ~'~ APR 2 2 2003 EXEC JTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE URBAN IMMOKALEE BASIN STORMWATER MASTER PLAN PROJECT (51013) TO THE FIFTH STREET DITCH ENCLOSURE PROJECT (51725) IN THE AMOUNT OF $190,000. OBJECTIVE: Transfer $190,000 from "Urban Immokalee Basin Stormwater Master Plan" project to "Fifth Street Ditch Enclosure" project. CONSIDERATION: The Collier County Stormwater Management Section of the Transportation Engineering and Construction Management Department is planning to initiate capital improvement work on a large ditch along Fifth Street in Immokalee. The ditch is to be enclosed to provide safety, aesthetic and water quality improvements. The project was budgeted in the current fiscal year with the Urban Immokalee Basin Stormwater Master Plan (//51013) project, but the scope of the Master Plan project is much more encompassing than this single ditch enclosure project, and there is a desire to avoid confusing the two issues. Staff has established a separate project number for the Immokalee Fifth Street Ditch Enclosure Project (//51725). Currently budgeted funding that is being transferred is in the amount of $190,000. Also, grants have been awarded from the Immokalee CRA but have been transferred to//51725. The Immokalee Fifth Street Ditch Enclosure Project design effort is currently underway. f%FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $190,000 from the Urban Immokalee Basin Stormwater Master Plan Project (51013) to the Fifth Street Ditch Enclosure Project (51725). Source of funds are Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: The provision of stormwater management capital projects is in accordance with the Drainage Sub-element and the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment to transfer capital improvement funds. AGEN D,.A ITeM NO._ !J_.~ ~_~) ~ APR 2 2 2003 pg. Executive Summary ,Immokalee 5th Street Ditch Enclosure Fund Transfer Page 2 of 2 PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: R. Shane Cox, P.E., Project Manager Stormwater ManagementJTECM Robert C. Wiley~P.E., Principal Project Manager Stormwater Management/TECM_ ~' Date: Michael Eteltunaki, P.E., Director Tran~//po~M~ce Departme, ut Date: Norn~an Feder, Administrator Tr~dsportation Division APR 2 2 2003 pg._ ~ EXECUTIVE SUMMARY APPROVE AWARD OF A CONSTRUCTION CONTRACT TO THE LOWEST BIDDER, BETTER ROADS, INC. FOR THE TRANSFER ROAD IMPROVEMENTS PROJECT NO. 69110 BID NO. 03-3453, IN THE AMOUNT OF $580,945.70. OBJECTIVE: To receive Board approval for award of the construction contract with Better Roads, Inc. for the Transfer Road Improvements Project. CONSIDERATIONS: This project consists of constructing the Transfer Road Extension west of Airport Road. This project includes two connector roads between South Horseshoe Drive and Transfer Road. Collier County entered into a Developer's Agreement on December 3, 2002 with Collier Park of Commerce Owners Association, Inc. The Agreement specifies that the Collier Park of Commerce Owners Association, Inc. will pay for the two driveway connections between South Horseshoe Drive and Transfer Road. The bid opening was conducted on March 7, 2003. Five bids were received as follows: Ajax Paving Industries, Inc. APAC Florida, Inc Better Roads~ Inc. Bonness, Inc. Florida State Underground. Inc. Base Bid Alternate Bid $731,448.83 $244,093.43 $404,355.72 $192,957.08 $385,153.36 $195,792.34 $449,765.08 $195,118.28 $408,092.46 $171,318.69 FISCAL IMPACT: Funds in the amount of $385,153.36 are available in Project 69110 for the base bid. Alternate bid funding in the amount of $195,792.34. A budget amendment is needed to recognize revenue in the amount of $195,792.34 that will be deposited into Project 69110 by the Collier Park of Commerce Owners Association, Inc. prior to the issuance of a Notice-to-Proceed. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board: 1) 2) approval by the County Attorney; and 3) Approve the necessary budget amendment. Edward J. 'Kant, PE, Translm ~j.~6~Operations Director Ste~: _~am?~>rchasing Director / Norman E. Fe~er, AICP, Transportation Administrator / Approve award of the base bid and alternate bids to the lowest bidder, Better Roads, Inc., for the total amount of $580,945.70; Authorize the Chairman to execute the standard Construction Contract with Better Roads, Inc. after Date: Date:C~//~0 Date: // / AC-~NDAIT. F--.M APR 2 2 2003 pg. ~. AGEN DA IT, F-.~ ~?R 2 2 20113 APR 2 2 2003 0 ~ 0 APR 2 2 2003 0 ~ 0 AGIENDA .ITEt No, APR 22 2- 20[J3 Pg- o~ 0 AGENDA~iTE, M APR 2 2 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $50,000 TO ESTABLISH A RESERVE FUND IN THE MSTD LANDSCAPE PROJECT FUND 112. OBJECTIVE: That the Board of County Commissioners approve a budget amendment to establish a reserve fund in Fund 112, MSTD Landscape Projects Fund. CONSIDERATION: A reserve fund is needed for the MSTD Landscape Projects that were moved from the MSTD General Fund (111) due to project numbers being assigned to each of the projects that are currently funded within the MSTD General Fund. Because SAP requires separate funds for project numbers, all Landscape projects were moved out of the MSTD General Fund (111) and moved to a new fund MSTD Landscape Fund (112). Each time we need to use funding from the (111) reserves, it requires an executive summary and budget amendment to move funds, regardless of the amount from (111) to Fund (112). By establishing a small reserve within the MSTD Landscape Fund (112) it will allow us to proceed with increasing purchase orders and processing invoices without delay and the need for an executive summary and BCC approval to use funds. This applies to vendors who have undergone selection for annual contracts but for which a change order is not required by purchasing policy. FISCAL IMPACT: A budget amendment is needed to move funds in the amount of $50,000 from the MSTD General Fund (111) to the MSTD Landscape Fund (112). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment. SUBMITTED BY: ~Sharon Newman, Accounting Supervisor Transpo~ion Services Division Normah- E. Fe(~er, Transp ' Administrator / AGEND~ IT.~ APR 2 2 2003 pg. I EXECUTIVE SUMMARY THAT THE BOARD APPROVE THE VEHICLE LEASE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISIONERS AND ATC PARATRANSIT AND AUTHORIZE THE CHAIRMAN TO ENTER INTO THE AGREEMENT OB~IECTIVE: To approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners serving as the Community Transportation Coordinator and ATC Paratransit, the Management Entity for the Community Transportation Coordinator and authorize the chairman to execute the Vehicle Lease Agreement. CONSIDERATION: The Board, as the Community Transportation Coordinator (CTC), is eligible for funding to purchase vehicles for utilization in the Transportation Disadvantaged Program. ATC Paratransit serves as the Management Entity for the CTC and is not eligible for funding through FDOT and the Federal Transit Administration therefore these funds are managed by the county. As a recipient of FDOT and FTA funds, the BCC is required to have a vehicle lease with ATC Paratransit for the vehicles purchased with these funds. .C~(FISCAL IMPACT: The County will maintain and fuel the vehicles. ATC Paratransit will reimburse the county for any maintenance and fuel costs. The funds, revenue and expenditures, have been budgeted in the FY 2003 budget process in MPO Fund 126. No addition funds will be needed. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board approve authorize the chairman to execute the Agreement. Reviewed by: Approved by: the Vehicle Lease Agreement and Date: 4/03/03. Brown, Public Transportation Planner I~l~., ,~_~v Date: 4/03/03. e Transportation Modes Director Date:4/03/03. an Feder, Transportation Services Administrator - AGF,.NI~A 1'~SM APR 2 2 2003 LEASE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND ATC PARATRANSIT THIS AGREEMENT, consisting of this portion and Exhibits "A", "B" and "C", attached hereto and made a part hereof, effective on the date herein specified, by and between the Collier County Board of County Commissioners, hereinafter called the "LESSOR" and ATC Paratransit, hereinafter called "LESSEE". WITNESSETH WHEREAS, the Lessee has agreed to lease passenger vehicles described ia Exhibit A fi'om the Lessor and Lessor is desirous of leasing said vehicles to Lessee. WHEREAS, the passenger vehicles described in Exhibit "A" are the titled property of the Collier County Board of County Commissioners (BCC), hereinafter called the "Lessor," located at 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, and; WHEREAS, the Florida Department of Transportation is the lien holder of eight (8) of the fourteen (14) passenger vehicles described in Exhibit "A", and; WHEREAS, Lessor has agreed to maintain these vehicles as evidenced by Exhibit "C", and; wI-rflEREAS, the Lessee has agreed to perform Daily Vehicle Inspection Sheets as shown in Exhibit "B" and provide them to the Lessor daily, and; NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, it is agreed as follows: 1. PRE-EXISTENG LEASE As of the effective date of this lease agreement, any prior agreement by and between the lessor and the lessee is herein superseded. 2. LEASE TERM The passenger vehicles, further described in Exhibit "A" attached hereto, are leased to the Lessee effective: ,2003. Proof of Insurance coverage by the Lessee, as provided in paragraph 8, herein, must be provided to the Lessor prior to the ef, fective date of AGENDA ITEM No. ~[:~ ('~ APR 2 2 2003_ this agreement. The lease shall remain in effect for a period of one year and shall be automatically extended for additional years or its anniversary date, unless terminated pursuant to the procedures herein. Collier County shall notify Lessee ten (10) days before the annual expiration date of its intention to extend the agreement. Lessor may extend this agreement for an additional year for up to three (3) annual extensions by providing said ten (10) day notice. LESSEE COSTS The Lessee agrees to pay to the Lessor as rent for the passenger vehicles and equipment herein leased the sum of $1.00. DELIVERY It is a~eed by parties hereto that each of the passenger vehicles described in Extfibit "A" will be available to thc I,essee at a mutually a,?eed upon location and will be ~eleased to Lessee at that location, at a ~nutually agreed to time. This schedule should be transmitted in x~ting. o TITLE It is expressly understood and a~eed to by the parties hereto that the titles to the vehicles listed in Exhibit "A" herein are and shall remain in the name of Collier County and the Lessee agrees not to loan, sell, sublet, assign, mortgage or otherwise encmnber said equipment, or !end or permit them to be subject to any legal process without the Lessor's prior written consent. The Lessee has no authorit3~ to place, or permit to be placed, at~y lien, encumbrance or chat'ge on said passenger vehicles for any repairs, replacements or any other reason without the prior written consent of the County. Lessee a~'ees to keep said vehicles free from all liens, encumbrances and charges of any nature whatsoever, whether voluntary or involuntary. lvIAENTENANCE/FUEL The Lessor shall maintain and make all repairs to said passenger vehicles during the continuance of this lease. Lessee will be invoiced for said repairs and maintenance as well as any fuel obtained from a County facility. The amount of any invoice remaining unpaid after 30 days shall be deducted from the amount of the Lessee's invoice for service pursuant to a contract for management services executed on July 1, 1999. RETT_j~,iN~ OF VEHICLE At the temfination of the lease the Lessee shall return the vehicles to the pg. o 10. condition, ordinary wear and tear only accepted, and shall execute any and all papers necessary to effect the transfer of possession of any vehicles back to the Lessor free of all liens and claims. Tires shall be maintained in good condition with a minimum average of no less than 7/32" of tread. INSURANCE The Lessee hereby a~ees to carry the following insurance naming the Lessor as an additional named insured: $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each vehicle. Lessee shall inform the insurance cartier that a policy is required that obligates the insurance company to notify the named added insured, Collier County and the Florida Department of Transportation, prior to any proposed cancellation of coverage of the leased vehicles. The Department of Transportation shall be named as certificate holder, and shall remain named as such on the insurance policy throughout the time period of the lease. Bo The Lessee shall provide a copy of the policies and endorsements, and any notices of proposed cancellation of coverage shall be sent to the Lessor at the following address: 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, with a copy to the Office of the County Attorney. Notice of cancellation should also be sent 1o FDOT, P.O. Box 1249, M.S. 1-39, Bartow FL 33831 and/or Public Transit Coordinator, FDOT, P.O. Box 1030, Fort Myers, FL 33902. C. The Lessee shall maintain the required insurance coverage at all times. OPERATExJG EXPENSES License plates used on the leased vehicles shall be issued in the name of the County. If a certificate oftitie is issued with respect to said vehicles, it shall be delivered to the County or its assignee. A certificate of title will only be delivered to the County after FDOT releases their lien. The Lessee shall bear the cost of all operating expenses incidental to the use of the leased vehicles, and in the operation of the vehicles the Lessee shall comply with all laws, regulations, rules and orders of lawfully constituted authorities. OPERATIONS In the operation of equipment leased by this ageement, Lessee agees: Ao To limit use of leased vehicles to approved transit sen, ices as provided to carriers ~inder contract with the Lessee. This information shall be provided to Lessee by lessor. No changes in use of said vehicles and equipment shall be implemented by Lessee unless written authorization is received from Lessor. - AGENDA ITEM APR 2 2. 2003 Bo Bo Jo Not to make any alterations or modifications to the equipment except with the prior written consent of the Lessor and the Florida Department of Transportation. To precisely folloxv the Lessor's guidelines for affixing or painting any designs or marking signs on the leased vehicles. Neither commercial nor political campaign advertising shall appear on leased equipment. Public service posters or announcements may be placed in pre-existing advertising racks, if any. Not to use the equipment in violation of Federal, State or Municipal Statute, law, regulation, administrative ruling, order or ordinance. To hold Lessor harmless from all fines, forfeitures or penalties for traffic violations or other violations incurring in connection with the operation of the vehicles or equipment by Lessee. To cause each vehicle to be operated only by a fully qualified, co~npetent, properly licensed driver. Lessee shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss or damage of any nature. To p,-~,,~ct *he an,,h, me,,* from then and other hazards while under ~_.essee _ control. To be responsible for damages or loss to equipment in the event of disaster, fire, theft, flood, riot, strikes, conversion, collision or other particular total destruction except to the extent Lesior may be reimbursed by payment of insurance proceedi. To verbally notify the Lessor immediately of any theft, fire, improper perfonuance, damage, accidents or collision, injury or death of a persons in which the equipment has been involved and, refrain from operation of such equipment so involved until permission is obtained from the Lessor; to supply a copy of any report required to be filed with any administrative body or government unit, to supply a written report within seven (7) days of any theft, fire, accident or collision, injury or death of a person or persons involving any equipment. In the event of failure to so notify Lessor, Lessee will be responsible for any loss to Lessor as a result of such failure; to cooperate fully with the Lessor in any reasonable way to prevent loss; to aid in ever3' reasonable way in the defense of suits or other proceedings which may be brought as a result of the operation of said equipment; to notify the Lessor promptly of any papers, notices or documents served upon the lessee, its agents, servants or employees, arising out of the said equipment. I2~ addition, the Lessor and the Department of Transportation shall be notified by telephone or in person, regarding each incident or accident involving an injury or AGEN, DA tLEM APR 2 2 2003 Lo fatality of any person or persons as a result of the use of any leased vehicle no later than the end of regular working hours on the next regular working day following such occurrence. Notification and reporting shall consist ora written report containing the following: 2. 3. 4. 5. 6. Name and address of drivers involved; Date and Location of accident; Number of Injuries; Number of fatalities; Brief description of accident; Written copy of police report and any subsequent investigations (within 30 days). ~h~ accordance xvith Chapter 14-90 F.A.C, additional notification to the Lessor and the Department of Transportation, in writing, is required ifa person dies within 30 days after an accident. Notification shall be submitted within 24 hours after death. Lessee shall not initiate any actions for recovery of damages to equipment without the xvritten consent of Lessor. Lessee shall take no steps, which would affect the Lessor's claim for damages including the filing of any reports or statements, without written consent of Lessor. 11. REQUIRED REPORTS Ao h~ addition to special reports, as necessary, previously cited in para~'aph 10 'above, certain regular operating reports are required by the Lessor, of the Lessee. 1. Preventive Maintenance / Inspection Fon'ns and Reports Records of inspection, including vehicle mileage shall be recorded on work order forms by the Lessor. The work orders identify failures, if any, were detected, whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms shall be accumulated and submitted monthly, with inspection check lists (as applicable), to the Florida Departm'ent of Transportation. bo Individual veh_icle Record Files shall be kept current by the Lessor. Records shall be available for The Florida Department of Transportation's review during periodic compliance inspections. Reports shall be performed by the Lessor for each leased vehicle with completed work orders and preventive maintenance checklists, as applicable, attached thereto. Reports shall be maintained monthly, AGENDA ITEM --5-- No. ~_ [:}-~ ~.~ APR 2 2 2003 Pg. (. r.) 12. 13. within 15 days following the month covered by the report and all reports, including attaclunents, shall be legible. Daily Vehicle Inspection ao Daily vehicle inspections are crucial to the success of a Preventative Maintenance Program. Investing a short time on a daily basis to inspect each vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. Each driver will inspect his or her vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. The transportation manager must fax the Daily Vehicle Inspection sheets to Fleet Management daily. Report forms are attached as Exhibit B. AUDITS AINrD INSPECTIONS Lessee agrees to pennit the Lessor or the Lessor's designated representative and The Florida m~d ~s. NOTICES All notices should be sent to the following person or their designee: Collier County Diane B. Flagg Alternative Transportation Modes Director 2685 South Horseshoe Drive Suite 211 Naples, F1 34104 Phone:(941) 403-2310 Fax: (941) 213-5815 Florida .,Department of Transportation Richard P. Shine Transit Project Coordinator -- AGENDA ITEM No.2X G- APR 2 2 2003 P. O. Box 1030 Fort Myers FL 33902 Phone: (941) 461-4300 Fax: (941) 338-2353 Lessee COMSIS Mobility Services, Inc. d/b/a intelitran/ATC Paratransit Jim Van Pelt General Manager 3584 Exchange Ave Naples, Fl. 34104 Phone: (941) 649-4439 Fax: (941) 649-0464 14. 15. STANDARD ASSLrRANCE The Lessee assures that it will comply with all applicable Federal statutes, regulation, executive orders, FTA circulars, and other Federal administrative requirements in ca~Sng out any project supported by the FTA grant or cooperative agreement. The Lessee agrees that it is under a continuing obligation to comply with the temps and conditions of the grant a~eement or cooperative agreement issued for its project with FTA. The Lessee recognizes that Federal laws, regulations, policies, and administrative practices mi~t be modified from time to time and they may affect the implementation of the project. The Lessee a~ees that the most recent Federal requirements will apply to the project, unless FTA issues a written determination otherwise. Copies of these regulations are available upon request from the Collier County Transportation Division. DRUG-FREE WORKPLACE AGREEMENT Lessee shall publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; Lessee shall establish an ongoing drug-free awareness progam to infom~ its employees about: a. The dangers of drug abuse in the workplace; b. Its policy of maintaining a drug-fee workplace; ~:, Any available drug counseling, rehabilitation, and employee assistance programs; d. The penalties that may be imposed upon its employees for drug abuse AGENDA I'~E~M --7-- No. ~1, ~.1-% _ - APR 2 2 2003 o violations occurring in the workplace; Lessee shall make it a requirement that each of its employees engaged in the performance of this agreement will be given a copy of the statement required by paragraph (1) of this certification; Lessee shall notify each of its employees in the statement required by paragraph (1) that, as a condition of employment for matters financed by this agreement, the employee will be required to: a. Abide by the terms of the statement; and b. Notify the Lessor in writing of any conviction by an employee for a violation of a criminal drug statute occurring in the xvorkplace no later than five (5) calendar days after that conviction; Lessee shall take one of the following actions and notify Lessor of any said action taken within thirty (30) calendar days of receiving notice of a drug conviction by an employee: a. Take appropriate personnel action against that employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require that employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, laxv enforcement, or other appropriate agency; and Make a good faith effort to continue to maintain a drug-fee workplace through implementation of paragraphs (1), (2), (3), (4), (5), and (6) of this agreement. The Lessee agrees to maintain a list identif,xdng its headquarters' location and each workplace it maintains in which project activit;.es supported by Lessor are conducted, and make that list readily accessible to Lessor. 16. NONT)iScRIMINATION ASSURANCE As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Progrmns of the Department of Transportation--Effectuation of Title Vi of the Civil Rights Act," 49 CFR part 21 at 21.7, the Lessee assures that it will comply with all requirements of 49 CFR part 21 ;FTA Circular 4702.1, "Title VI Program Guidelines for Federal Trzmsit Administration Recipients", and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation sen, ices and transportation-related benefits) for which the Lessee receives Federal 'kssistance awarded by the U.S. DOT or FTA as follows: The Lessee assures that each project will be conducted, property be undertaken, and project facilities will be operated in accordanc~ mfisitions will with~ENDA ITEM No. I(c r¢ /z APR 2 2 2003 17. 18. 19. 20. applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Lessee assures that it will take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from FTA will comply with the applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21. The Lessee assures that it will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Lessee assures that it will submit the required information pertaining to its compliance with these requirements. The Lessee assures that it will make any changes in its implementing procedures as U.S. DOT or FTA may request. The Lessee will include in each third party contract or sub a~'eement provisions to non-discrimination requirements. ASSURANCE OF NONDISCRIMINATION ON THE BASIS OF DISABILITY As required by U.S. DOT regulations, "Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR. 27.9, the Lessee assures that, as a condition of this a~eement, no otherwise qualified person xvith a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination. PROCUREMENT COMPLIANCE Lessee will comply with applicable Federal and State statutes relating to nondiscrimination. Copies of any such requirements shall be furnished to Lessee upon request. The Lessee certifies that its demand responsive service offered to persons with disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service offered to persons xvithout disabilities. When viewed in its entirety, the Lessee's service for persons with disabilities is provided in the most inte~ated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area, (4) hours and days of sen, ice, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. INDEMNIFICATION The Lessee hereby agrees to indemnify, defend, save and hold harmless the Lessor and its agents and employees from and against all claims, demands, liabilities actions or suits for AGENDA ITE~ --9-- NO. ![ ~2 t~ APR 2 2 2003 Pg. ~(,~ 21. 22. 23. injury, sic 'kness, disease or death to Lessee employees or other persons, or damage to property, including loss of use thereof, including attorney's fees, arising out of or resulting from the perfomaance of the Lessee's obligations under this contract. The Lessee agrees to defend, on behalf of the Lessor, any suits brought jointly against the Lessee and the Lessor for attorney's fees, settlements, costs, judgments, satisfactions, or other expenses incurred by the Lessor in any manner connected xxfith any suits or claims. For ten dollars ($10.00) and other specific valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessee agrees that its obligation to indenmify the Lessor extends to and includes liability for the sole, contributory, or concurrent negligence of the Lessor, its employees or agents. This responsibility shall include, but shall not be limited to, liability for damages resulting from injury or damage to any employee of the Lessee or Lessor, regardless of xvhether the Lessee or Lessor have paid the employee under the provisions of any workmen's compensation laxvs or similar legislation. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Lessor for its sole negligence. GOVERNING LAW ,- *,~ ' the State of Florida and shall be construed in accordance with This Lessee is ex,,cu,,,d the laws of the State of Florida. ASSIGNMENT BY LESSEE Lessee maY assi=m~, transfer or sublet any of its rights under this lease or in the vehicle covered hereby only with the prior written consent of the Lessor. Such assignment, transfer or sub-letting shall not relieve the Lessee of any of its obligations hereunder. TEtLMINATION before its intended time due to breach of contract provisions or mutual agreement. A. BREACH. The Lessor may, by written notice to the Lessee, teiuninate this Agreement for any of the following reasons, to be effective upon receipt of said notice: The Lessee takes any action pertaining to this Agreement xvithout approval of the Lessor, which under the procedures of the Agreement would have required the approval of the Lessor. The Lessee defaults under any provisions of this agreement. The Lessee use of the vehicles, equipment or parts in a rammer not provided for under the provisions of this Agreement. - AGENDA ITE~ No._t(,:, I% f, APR 2 2 2003 24. 25. 26. The Lessee fails to provide insurance coverage limits as outlined in section 9 of this agreement at all times up and until such vehicle(s) are physically returned to the Lessor. CANCELLATION. Either party (Lessor or Lessee) may, by mutual agreement, cancel or terminate this agreement by no less than thirty-(30) days written notice to the other party. 1. Retum of unit(s) shall be governed by "paragraph c", below. ACTION UPON EXPI/~TION OR CANCELLATION. In the event of expiration or cancellation of this Agreement, Lessee agrees to proceed as follows: Deliver all leased vehicles, equip~nent arid parts (if applicable) within 10 days after tenuination date to a mutually agreed upon location on a workday between the hours of 8:00 a.m. and 5:00 pm.; To be responsible for the cost of repairing, replacing or restoring any of said vehicles, equipment and parts, delivered in substandard condition. EXTENSION OF LEASE The Lessor is authorized to extend this lease agreement for a period not to exceed one year. This extension may be for all the equipment described in Exhibit "A", or for individual pieces of equipment, as applicable. A supplemental Exhibit "A", with a revised pas,~nent schedule shall be issued as a part of the extension notice, at the originally contracted lease rate. The tern~s of this agreement shall continue in full force and effect during any extension of this agreement. B~'NG ARBiTRATiON Each and every dispute or disagreement arising as a result of the relationship between Lessor and Lessee, whether arising from this Agreement or either party's actions or omissions related this Agreement, shall be resolved by binding arbitration in accordance with the rules promulgated by the Lessor or the Florida Arbitration Code. INDEPENDENT CONTRACTOR STATUS AND RULE OF CONSTRUCTION The parties to this Agreement are independent contractors, each responsible for its own behavior, and neither responsible for the behavior of the other. This Agreement shall be governe'[ by the following Rule of Construction: Where terms are silent or ambiguous regarding the relationship between the parties to this Agreement, such terms shall be construed in a xvay xvhich is consistent with the parties' intended independent contractor status. AGENDA ITEM No. i(L~ (, APR 2 2 2003 pg. 27. COMPLETENESS OF AGREEMENT This lease sets forth all the agreements, terms conditions and understandings, between Lessor and Lessee and there are no agreements, customs, usage's, terms, conditions or understandings either oral or written, expressed or implied, between the Lessor and the Lessee, as Lessor and Lessee, other than are herein set forth. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above xvritten. COMSIS MOBILITY SERVICES, Inc., cl/b/a IntelitrarutATC Paratransit Joel Hargis Regional Vice - President Date: ATTEST: DXkqGHT E. BROCK, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HEN2qlNG, CHAIRMAN Approved as to fonn and legal sufficiency: ~acqueline Hubbard Robinson Assistant County Attorney AGENDA ITEk/ No. L/ APR 2 2 2003 Pg. >- O AGENDA IT~..~ APR 2 2 2003 AGENDA APR 2 2 2003 p~. I AGENDA ITEM APR 2 2 2O03 pg. 1{~:3 Exhibit "B" MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT AGENDA ITEM No. !t_~',F'~ ~'/ . APR 2 2 2.003 pg. ~.'-~ MINIMIYM DAILY VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: Mileage:. Inspected by:. OK Needs See Repair Comment Service Brakes [] [] [] Parldng Brakes [] [] [] Tires and Wheels [] [] [] Steering [] [] [] Horn [] [] [] Instrument Lights [] [] [] Interior Lights [] [] [] Exterior Lights [] [] [] Windshield Wipers [] [] [] Rear Vision Mirrors [] [] [] Passenger Doors [] [] [] Exhaust System [] [] [] Equipment for Transporting Wheelchairs [] FI. [] Comments Safety and Emergency Equipment [] [] [] . . Additional Comments: Inspector's Signature: AGEN.I~A ICM NO. l(¢)l"k> ',... APR 2 2 2OO3 This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS No. !t ~ ~ APR 2 2 2003 This manual was developed by the Florida Departmen! of Transportation Public Transit Office Page 13 of 24 Exhibit "C" PREVENTIVE MAINTENANCE PLA_N AGENDA ITEM No. JL.l'.,['k, {~' ._ APR 2 2 2003 pg. 20 PREVENTIVE MAINTEN~CB PLAN FOR SMALL BUSES, VA_NS A_ND SEDANS This manual was developed by the Florida Department of Transportation Public Transportation. AGENDA I'T~, No. APR 2 2 2003 Pcjo INTRODUCTION Preventive maintenance: a term used to describe the performance of regularly scheduled maintenance activities on a vehicle in order to prevent the possibility of malfunctions, to extend vehicle life and to reduce-maintenance and operating costs;-Ifthe majorityofyourvehicle-repairs-are-m-ade-after-th-ewehiels----- experiences a mechanical failure, you do not have a functioning preventive maintenance program. A well-established comprehensive preventive maintenance program is as important to a successful transportation system as the actual purchase of the vehicles. The Preventive Maintenance Plan proposed herein consists of: · making preventive maintenance arrangements; · adhering to a preventive maintenance schedule; · establishing a vehicle h~spection checldist; · conducting daily vehicle inspectiora; · completing corresponding inspection checklists, and; · keeping a comprehensive maintenance record on file for each vehicle. PREVENTIVE MAINTENANCE ARRANGEMENTS It is preferred to make maintenance arrangements in the initial planning stages of any transportation program. If you akeady have a program in place it is wise to review it in order to insure it meets your cu'-rent needs. Maintenance can be arranged in a variety of ways to fit your system needs: 1. Contract maintenance out to commercial mechanics. 2. Arrange for other agencies such as city or county, or school bus garages to maintain vehicles. o Set up an in-house maintenance program. The major advantages to an in-house program: · vehicles will be routinely checked for problems · mechanics will be familiar with the vehicles AGENDA ITEM No. !4 (Z~ ()... APR 2 2 2003 This manual was developed by the Florida Department of Transportation Public Transit Office Page I of 24 · and most importantly the mechanics will be your employees. 4. A combination program: in-house routine maintenance combined with other work ..... contracted- out. Examples: Potential in house work: routine and scheduled maintenance, i.e.; oil and oil filter changes, air filter changes and PCV valve changes: Jobs to contract out: those requiring special expertise, tools or machinery. Note: If you choose, to have your own mechanics and allow them to perform the preventive maintenance inspections they should meet the following requireinents: · have knowledge of and have mastered the methods, procedures, tools and equipment used when performing inspections · have at least one year of training anddor experience as a mechanic or inspector in a vehicle maintenance program and have sufficient general knowledge of the vehicles owned and operated by ),our company in order to recognize deficiencies or mechanical defects. In addition to the above, you may have your insPections satisfy your annual safety certification as requked by Florida Department of T,-~nsportation Safety Regulations. Your mechanics must be lmowledgeable of the. requirements set forth in Rules 14-90.007, 14-90.005 and 14-90.009, Florida Administrative Code. Important: For an effective in-house preventive maintenance program, the following minimal facilities are necessary: · a garage or building for vehicles to be brought under cover to be serviced · proper drainage for washing vehicles in your garage · a recYcling method for motor oil and other wastes ,.~ · equipment for hfting or jacking vehicles · a complete set of hand tools - xwenches, sockets, pliers etc. AGENDA ITEM APR 2 2 2003 pg. c~_...~ This manual was developed by the Florida Department of Transportation Public Transit Office Page 2 of 24 PREVENTIVE MAINTENANCE INSPECTION After you have made the arrangements for your maintenance program by considering your system's ............... facilities-and personnel-strengths and- limit ations;-work with-your-drivers-a-n-dTn-e-eh~-c-g-6t- repair- ~hdP to develop a basic maintenance schedule. Mechanics or repair shOPs must be made aware of and become familiar with the minimum maintenance requirements for each vehicle along with all State and Federal requirements. With each vehicle, maintenance must be performed either at a specific mileage increment or within a specified period of time. If routine and proper preventive maintenance is not performed, the vehicle's reliability will suffer, its worklife will be shortened and its warranty provisions may be violated. A sample preventive maintenance program has been provided herein to act as a guide in setting up your program. The attached program sets forth specific requirements and preferred mileage schedules. Tl-ds program will meet the needs of most companies however, as a general role, you should cornpare ttfis vehicle preventive maintenance schedule with the schedule provided in the owners manual tbr your vehicles. Always go with the most stringent requirements. AGENDA ITeM- No. |[ t:. APE 2 2 2003 This manual was developed by the Florida Department of Transportation Public Transit Office Page 3 of 24 PREVENTIVE MAINTENANCE INSPECTION MILES / INTERVALS SMALL BUS, VAN AND WAGON .......... ~fileage-. 6,000 12,000 18,000 24,000 30,000 36,000 42,000 48,000 54,000 60,000 66,000 72,000 78,000 84000 90,000 96,000 rt'ype-Inspection- A B A C A B A C A B A C A B A t C AGENDA ITEM No. )LA,% /___. APR 2 2 2003 F'g. ~5 This manual was developed by the Florida Deparlrnent of Transportation Public Transit Office Page 4 of 24 PRBVENTIVE MAINTENANCE INSPECTIONS The preventive maintenance inspection is a program of routine checks and procedures performed on a scheduled and recurring basis to avoid breakdowns and prolong equipment life. The "A" Inspection is performed every 6,000 miles. It is designed for the inspection, service and replacement of certain items at predetermined times and to make minor adjustments as necessary. The "B" Inspection is performed every 12,000 miles. This inspection repeats the "A" inspection items and includes certain additional items which should be inspected and serviced as indicated. The "C" Inspection is a technical and performance inspection and is accomplished each 24,000 miles. The "A" and "B" inspection items are repeated and additional scheduled items are required to be accomplished which were not part of the other inspection intervals. A. 6,000 !v~.LE SERVICE AND MAINTENANCE CHECK = ° INTERIOR INSPECTION All Seats / Seat Belts Seat covering for the driver and passenger seats should be inspected for rips, tears, gouges, exposed springs and security of floor mounting. Seat belts should be inspected for proper retraction mechanisms. Ann rests should be inspected for proper securement to seats. Any folding .seats should be checked for proper operation of adjustment controls. Driver seat Should be checked for proper fore and aft movement and tracks should be lubricated as necessary. Doors / Hinges / Latches Lubricate door hinges and latches, check operation of windows, doors, and the condition of the glass. Check condition of exit signs. Check emergency exit to insure it functions and that it is properly identified. Flooring / Headliner / Side Panels Inspect floor covering for tears, rips or gouges. Inspect headliner for damage, sag or dirt. Inspect the condition of side panels. On vehiqles designed to 'allow standees check the condition of the standee line and sign. The line must be ~f contrasting color at least two inches wide and the sign, prohibiting anyone from. occupying a space forward of the line, must be posted at or near the front of the vehicle. Inspect condition of the grab rails for the standee passengers. AGENDA ITEM Mirrors No. I(_[t'~ /.,' _ APR 2 2 21 03 This manual was developed by the Florida Department of Transportation Public Transit Office Page 5 of 24 Check inside rear view mirror(s) for proper securement, adjustment and the condition of the glass. Also check the fight and left exterior mirrors for adequate field of vision. Interior-Lights.- Inspect the interior lights and the stepwell lights, if applicable, for operation by operating door opening switches, dome light switch, rheostat and the turn signal as well as the high-Iow beam indicator switch. Exterior Liehts / Horn Outside assistance may be required when making this check. Check parking, low and high beam headlights, turn signal operation fi:ont and rear, and hazard flashers. Turn on all outside clearance lights and check operation. At this time also check license plate lights, back-up lights and broke lights. All lighting must comply with the minimum requirements set fbrth in Florida Statutes 316.220, 316.221,316.224, 316.225, 316.226, 316.234 and 316.235. Check horn. The horn must be capable of emitting a sound audible under normal conditions from a distance of not less than 200 c~,~, o Wamine System Activate ignition switch and check "trouble" lights for proper operation. If the vekicle is equipped with gauges, check proper readings after the ""~ ~' has been sta,~ed, c,~,~,4, all Switches for proper and complete 'knobs, levers, etc. Starter' System / Automatic Choke/Back-up Alarm When starting engine cold, determine proper activation of automatic choke. Listen for starter drag or grind and for any belt squeal or other unusual noises during initial start. As engine warms, monitor all gauges. While depressing the brakes, shift the vehicle into reverse and check the audible back-up alarm. Windshield / Windshield Wipers / Washers / Blades Inspect windshield for cracks, scratches and any visible damage. Operate windshield wipers through all ranges on wet glass. Inspect condition of windshield wiper blades and arms. Replace if needed. Check washer fluid level. 10. Windows Inspect side mechanisms. and rear windows for cracks, scratches and proper operati This manual was developed by the Florida Department of Transportation Public Transit Office Page 6 of 24 APR 2 2 2003 11. Comfort System Operate and check heater and air conditioning controls through all selector ranges and check -varying-fan-speeds for proper-operationr-Gheckrearunit-output;-as-applicable:' EXTERIOR INSPECTION 12. Exterior Body and Components Inspect exterior of vehicle for signs of body damage, missing trim, decals, paint condition and any signs of developing mst. Inspect the outside of all windows for cracks, blemishes or other damage. Inspect bumpers for secure attachment or signs of damage. Inspect mirrors and mirror brackets for secure mounting, resting or broken glass. 13. Tires and Wheels Inspect all tires for~,.,~;tm.~q,, of mneven ,,;'ear due to imbalance or improper front end ali~"amcnt, check for exposed cord or steel belts, inspect valve cores, check for scrubbing or sidewall damage. Determine tread depth. Tread ~oup pattern depth shall not be any less than 4/32 (1/8) inch, measured at any point on a major tread groove for tkes on the steering axle and no less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tkes. Check air pressure in all tires including spare. Check condition of spare tire and mounting. Check tires for cuts, nails or other embedded foreign objects. Check wheel lugs for proper torque: Check all wheels, including spare, for any damage or improper bead seating of tire, or for any missing balance weights. Check hubcaps for secure mounting. i4. Access Doors Inspect exterior access doors and lubricate hinges or spring latches as necessary. Check fuel cap for proper fit and any signs of damage to fuel servicing piping/hose. Check hood latch and lubricate, check retainer bar for proper operation. Secure hood open. SERVICE AND OPERATION INSPECTION 15. Engine Oil and Filter Under normal operating conditions, change oil and filter at every 6,000 mil, transmission fluid level and condition of fluid. This manual was developed by the Florida Department of Transportation Public Transit Office Page 7 of 24 No. ( tb L- - APR-2 2 2003 pg. q:~ 16. Ball Joints / Steerinq / Drive Line (Lubricate) Lubricate and inspect all ball joints, steering and drive lines and all other points with zerk fittings:-Gheck-power-steering-for-visible~igi~-~f fl~ii-d-l~-ak-~VCh~---k-Lhe drive line umversaI joints and yokes for wear. Replace any broken or damaged zerk fittings. 17. Battery. Check battery mounting tray condition (rusting or wear) and battery holddowns, check battery case for cracking or damage. Check post and fasteners for corrosion - clean and cover with protectant. Check cables for 1Saying or signs of deterioration. If applicable, cheek and service water levels of individual cells or inspect "green" indicator. 18. Coolinz System Visually check cooling system for leaks. Check the overflow tank tbr adequate c,)olm~t and inspect the cleanliness of coolant. Inspect the condition of the upper and lower radiator hoses and check the seem-lB' oft,he fasteners. Check butteffiy &-'ain for snugness. Inspect water pump and engine intake at the thermostat housing for signs of leaks. Inspect radiator cap for signs of leaks or pressure loss. Before removing the cap, allow the eng/ne to cool down. Relieve any built-up pressure in the system. Remove and inspect the radiator cap. At t~s time, the radiator core and the interior of the radiator houskng may be visually inspected for corrosion or clogging. Also, if circulation problems are suspected, operation of the water pump and circulation of the coolant may be verified with the engine nmning. 19. Air Cleaner / Filters Remove air filter and inspect, inspect air intake hoses and clamps. Visually inspect all vacuum hoses and connections. Inspect fuel line for leaks or damaged lines. 20. Belts / Hoses / Wiring Inspect all belts for signs of wear, fray, cracks, glazing and proper tension. Inspect heater hoses and connections. Inspect wiring for signs of chafing, corrosion, loss of insulation and crimping. Insure wiring does not come in contact with moving parts or heated surfaces. 21. Under Hood / Exhaust System Check trahsrmssmn fluid level with the fluid warm and the engine running. Check color of fluid- for any signs of overheating. Visually inspect the transmission pan, front and rear seals, speedometer drive and dipstick tube for any signs of leakage. Visually check m. W~nsmission oil cooler, lines and connections for signs of a leak. AGENDA ITE No. APR 2 2 2003 This manual was developed by the Florida Department of Transportation Public Transit Office Page $ of 24 Pg. ~C~ Inspect exhaust system, from the exhaust manifold to the tailpipe, for proper securement and for any signs of an exhaust leak. BT-1-2;000'MtEE-SERVICE-AND-IVI:AINTEN~CE-CHECK 22. Brakes Remove wheels and inspect front brake pads and rotors for wear. Check calipers and brake lines for signs of wear or leaks. Inspect rear brake linings and drams for wear, scoring and warping. Check for any dirt or grease accumulation on the brake system. Replace or repair as necessary. 23. Operational Check Check for smoothness of acceleration, centering of steering wheel and the proper tracking of the vehicle, smoottmess of roms, balance of tires and front end alignment. Also check for looseness in steering. Transmission Check operation of the shift lever ~d indicator and the smoot&mess of sb-,.'.~ ~d operation ~m each gear. Check for proper acceleration through gear ranges in Drive position. C. 24,000 _bfl-LE SERVICE _~3,,ID .M~31',ITENANCE CHECK '25. Wheel Bearines / Drive Shaft Remove and inspect front wheel bearings, clean and lubricate or replace if necessary. Inspect drive shaft, u-joints and slip joints. Lubricate as necessary. 26. Shocks / Sr}rines Inspect shock absorber cylinders for signs of leakage. Check buskings for signs ofxvear and the mounting brackets for secure mounting. Inspect coil and/or leaf springs for signs of damage or wear. Inspect tie rod ends, upper and lower bali joints and drag links for signs of wear. Lubricate all points equipped with zerk fittings. 27. Rear Differential Inspect re, ar axles and axle housing for signs of stress, wear and leaks. Check differential fluid level. (Ndte: Change differential fluid every other "C" inspection). " 28. Eneine Tune-up See vehicle service manual for details. This manual was developed by the Florida Department of Transportation Public Transit Office Page 9 of 24 Ag~ND~ ITE~ No. APR 2 2 2003 Pg. ~ 29. Change Transmission Fluid and Filter Remove transmission pan and drain fluid. If the transmis$i_on_torque_converter_is equipped-with- a drain plug,-dr-aifi-fi~ild from it as well. Inspect debris in the bottom ofpan for signs o£intemal transmission damage. Check the color of fluid for signs of overheating. Remove and replace filter screen. Not any abnormalities on the check offsheet. ACCESSORIES 30~ Fire Extin~isher / First Aid Kit / Safety Triangles Inspect the above mentioned safety equipment to insure it is in proper working order, securely mounted and easily accessible. F/re exting'uisher must be fully charged, with a dry chemical or carbon dioxide, having at least a !A:BC rating mad bearing the label of Underwritem Laboratory, InC. 3 i. 'v~-neelchair Lift / Tiedowns ,,.,,ee,,~ha~ Lteaowns for secure mounting and anchoring to floor. Safety belts should be clean and properly installed. Check retracting assembly. If four point tiedowns are used, check security of floor fasteners, colmectors and belts. Operate lift through all ranges and functions. Check padding and labels. Check emergency back- up system if equipped. Check interlock system. Lubricate appropriate lube points. 32. License Plates / Registration / Operators Manual Check condition and currency of license plate and registration and appropriate manuals. Insure accident report forms and other appropriate documents are up to date and available in fl~e vehicle. Check for operating manual for the wheelchair lift. 33. Air Conditioning Systems Check Each spring, prior to the season for constant air conditioning use, the air conditioning system should be scheduled for a thorough operational check. The system should be checked with the appropriate air conditioning service equipment and gauges. Check the entire system for leaks. Note: The freon't~vel should be checked and service as necessary. If the system is to be serviced with the opening of a closed system, the complete system should be evacuated, the receiver dryer replaced and the system must be completely rec ~D,~ including refrigerant oil. No. APR 2 2 2003 This manual was developed by the Florida Department of Transportation Public Transit Office Page 10 of 24 P~. MINIMUM DAILY VEHICLE PRE-TRIP INSPECTION REPORT Rule ChaPter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: Mileage: Inspected by: Needs Repair Service Brakes [] [] Parldng Brakes [] [] Tires and Wheels [] [] Steering [] [] Horn [] [] Instrument Lights [] [] Interior Lights [] [] Exterior Lights [] [] Windshield Wipers [] [] Rear Vision Mirrors [] [] Passenger Doors [] [] Exhaust System · [] [] Equipment for Transporting Wheelchairs [] [] Safety and Emergency Equipment [] [] OK See Comments Comment Additional Comments: Inspector's Signature: AGENDA ITEM No. APR 2 2 2003 This manual was dcvcloped by the Flor~da Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Florida Department of Transportation Public Transit Office Page 13 of 24 AGENDA No. [[ ~, fi") APR 2 2 2003 DAILY VEHICLE INSPECTION CHECKLIST Inspect each item below. If there is not a problem, place a (/) in the box to the left of the item. If there is a problem, an item needs maintenance or if damage i~ found, place an (X) in-the box-to-the-left-ofthe item: Use-the-box-to-th:e-righrfor-cmwm~rirsT- .......... Under Hood Comments Oil level Radiator level Battery level Windshield Washer level Engine / Hoses / Belts Interior Comments Gauges / Instruments Windshield Wipers Passenger Doom Hem Steering Brakes Blower Fans Interior Lights '1 Cleanliness Safety Equipment Comments Flues / Triangles First Aid Kit Fire Exting'uisher [ Back-uP Alarm Accessibility Equipment Comments Fully Operable Wheelchair Lift / Ramp Proper Number of Belts / Securement Belts / Securement Devices in Good Exterior Comments Headlights Tail / Brake Lights Turn Signals tClearance Lights Windshield Wipers Body Damage Exhaust System Tires / Vgheels Cleanlineis This manual was developed by the Florida Department of Transportation Public Transit Offi¢ Page 14 of 24 AGI~ N Dt~, ITEM No. I,[~_ff~ ~'.~ APR 2 2 2003 'ESq NOTES TO DRIVERS ABOUT THE DAYLY VEHICLE INSPECTION The vehicle inspection checklists provided on pages 14-16 will help you remember all of the important things that must be inspected on a daily basis, and it provides an easy to follow ....... sequence, for-performing-your-inspection-in-a-lc~rcal-marm'et: Re-~d-thY6a-gh pages xx-xx for general information and to clarify any of the parts of the inspection process. Then do a dry run inspection while completing the checklist. Ask your manager if you have any questions at all about the procedure. Under the Hood Check for problems under the hood at the beginning of your inspection before starting the engine. It is easier and safer when the engine is cool. Check the engine, radiator and battery fluids. If low, make a note of it on your inspection checklist. ~f any fluids are below the safe level, see the mechanic for assistance. Also, check hoses for cracks or possible leaks and belts for any visible damage. Report any wear on the chec~ist as soon as it begins to show. Vehicle Interior Since you ,,viii need to leave the vehicle compartment while the vehicle is running, it is a good idea to put chocks behind the wheels before starting the motor. Begin while seated behind the steering wheel. First, put on the parking brake, then mm on the ignition. Check the oil pressure, fuel and alternator gauges. If the oil pressure light stays on or the gauge shows the oil pressure to be dangerously low, turn the motor offuntii the problem can be corrected. If the altemator or generator light stays on or the gauge indicates a discharge, the battery may not be charging. To guard against the possibility of becoming stranded along the route by a dead battery, have the problem located and corrected right away. Check the windshield wipers to make sure they are worldng and not worn or stripped. Check the passenger door for proper operation. Adjust ypur mirrors so that you can see what you need to see fi:om your normal driving position. When yc~u are adjusting your mirrors, keep in mind what you want to be able to see within your- safety zone. AG, END/N lYE,~'' Test your horn to make sure it works. No._Ii_.( ~ APR 2 2 2003 pg. This manual was developed by the Florida Department of Trartsportation Public Transit Office Page 15 of 24 Turn the steering wheel gently to make sure it is not loose or there is no abnormal play or stiffness in the steering assembly. Push on the brake pedal. If the tension feels spongy or soft, note this on your checklist. Your ......................... brakes-may-ne'ed-to-be-adjusted: .................. Check the blower fan to see if it works so you will be able to use the heater, defroster or air conditioner. Check the interior lights. If any lights are not working, note-this on your checklist. 1Vote on your checklist anything in the interior of the vehicle that needs attention. Safety Equipment Check your e~nergency equipment to make sure it is in the right location and in working order. Emergency equipment should include: · a properly charged fire extinguisher · warning devices such as cones, triangles or flares · a first aid kit Look around your vehicle to make sure it is clean and clear of trash, debris or loose items. Trash or debris !eft in the vehicle c~_u be tossed about by c~e!ess passengers and can cause slips, falls and fires. A clean vehicle presents a professional image. Check any special accessibility equipment if your vehicle is so equipped. Examine any tie-downs for signs of damage or excessive wear. Make sure they can be properly secured to the floor. Check all lifts and ramps by operating them through one complete cycle. Make sure they are functioning properly. (You may have to move the vehicle to ensure proper clearance while performing this part of the inspection. This is also a good time to check the interlock system.) Make sure all doors and emergency exits are functional and unobstructed. Vehicle Exterior Turn on all exterior lights. With the vehicle in park and the emergency brakes exterior check from the front of the vehicle. This manual wa~ developed by the Flo~da Department of Transportation Public Transit Office Page 16 of 24 APR 2 2 2003 During the exterior inspection, be sure to note and report any flesh damage to the vehicle. Reporting such damage now may save you a lengthy and difficult explanation or report later. Space is provided for you on the Daily Vehicle Inspection Checklist to._n_o_t~__.an.d_ describe any exterior-damage: .......... Check the headlights, signal lights, emergency flashers and clearance lights to make sure they are working. Check the left front tire for any signs of road damage, underinflation or missing or loose lug nuts. Check the condition of the side marker light. Check the air pressure with an ak pressure gauge. Take care to maintain your tkes at the recommended pressure. A soft tire is very susceptible to severe road damage. An overinflated tke causes a bumpier and less comfortable ride, especially for the elderly or disabled. Move to the back of the vehicle and inspect the left rear t/re for obvious damage. Check the air pressure ¥~4th an air pressure gauge. ,an lights, brake lights, turn signals, emergency While at the back of the vel'dcle, check the '" . flashers and any other clearance lights, reflectors or signs. Make sure they are free from mud or dirt buildup. Carry, a rag with you to clean any dirty lights which may be hard to see even after dark. Check the right rear tire. Id'there nrc any other li~hf~ or outside ~; ~ for'"',," boord;"* doors or lift, make sure they are in place and clean. Next, lgok under the vehicle. Make sure there ge no foreign or unfamiliar objects hang:aig down or wedged underneath. Listen and check for any signs of an exhmlst leak. Also, visually check for puddles of fluid under the vehicle. If the vehicle is leaking fluid, report it to your supervisor. Move to the front of the vehicle and examine the right front tire in the same manner as the left 'tire and check the condition of the side marker light. Now that the eno~ne has reached operating temperature, check the transmission fluid level. Vehicle should be on a level surface in park. Final Preparations Now, turn off all the lights and the engine and remove the wheel chocks. If your vehicle is safe and in good condition, you are finished with your dail This manual was developed by the Florida Departmcnt of Transportation Public Transit Office Page 17 of 24 APR 2 2 2003 If you are not sure or not satisfied with the condition of the vehicle, check with a supervisor before driving the vehicle. Remember that any problems you experience with the vehicle during your shift should be reported so that-repairs or-adjustments- can-be made as quickly as-possibler At the end of your shift, turn in the Daily Vehicle Inspection Checklist to the maintenance manager or your supervisor. GENERAL NOTES ABOUT THE DAILY VEHICLE INSPECTION CHECKLIST An important part of preventive ma#~tenance is the establishment of strong communicaffon ties between drivers, mechanics/reps#' garages and management. ,dn easy way to ensure and document this communication link is by way of the driver's Daily Vehicle Inspection Checklist. Drivers should be given blank copies of the checMist to keep on a clipboard bt their vehicle. Each driver wi!! need to conduct the inspection and fill out the checklist before, beginnh~g their. route. Safety problems shouM be reported immediately before you start your route. Drivers should add comments to the checklist ifa problems arises during the shift. The person desiglmted responsible for the maintenance of the vehicles should monitor these checklists daily and schedule maintenance accordingly. The che'cklist pro~qded is a sample and you may choose to add or delete items at your discretion, provided it meets or exceeds the minimum requirements #~ Rule 14-90.006(7)(a) Florida Administrative Code. In any case, documented daily inspections must be included in the permanent vehicie fiie. COM/>REI-IENSIVE MAINTENANCE RECORD A Comprehensive Maintenance Record should be kept on file for each vehicle. This record should be filled out every time any maintenance is performed on that vehicle. Benefits of keeping a Comprehensive Maintenance Record on file are as follows: · provides quick reference to the vehicle · pr?ides a complete history of repairs · identifies chronic problems · shows trends in mileage and fuel consumption This manual was developed by the Florida Department of Transportation Public Transit Office Page Ig of 24 AGENDA ITEM, APR 2 2 2O'O3 Pg. track responsibility for repairs · records the amount of time Vehicle is not available for service COIvlPREHENSIVE MAINTENANCE RECORD FORMS There are three basic forms commonly used for proper maintenance records. They are the Work Order, Monthly Summary and the Maintenance Log. Used properly they are a valuable tool in recognizing and correcting problems before they become costly. They are also a {,aluable tool for monitoring the quality of service you receive fi:om a repair shop. Below is a brief description of the forms found in this manual. Work Order This is a detailed description of a specific repair performed on your vetficle. This form should be used for either in-house or private garage repairs. It can be very helpful when you are ~.~Sng to identify a chronic problem or research maintenance history. Monthly Summa _ry TbJs form provides a monthly sunm~_ary of the vehicles use. It wi!! show trends in mileage and fuel consumption, provides a quick reference to the vehicle and records the amount of time the vehicle was not available for service. Maintenance Log This form provides a complete history of repairs, identifies chronic problems and tracks responsibility for repairs. The entire fleet is usually maintained in one book which will provide a quick reference to the vehicle without having to pull the file. This manual was developed by the Florida Department of Transportation Public Transit Office Page 19 of 24 AGENDA ITEI~ APR 2 2 2003 WORK ORDER Carrier c~c~ ~ ~ ~o~cA~L V-q womc o~ ~ I I Vehicle No. Car Make Model ...... yIN_. .Odomete~ Reading- Van Bus Shop Date Date Location Shopped Released ILEPAIR INSTRUCTIONS MATERIAL USED OUTSIDE Quan. [ Part No. Description Unit Price Description Unit Price $ $ $ $ COST SLrMMARY Total Labor Total Material~ [$ Total Outside $ Repah:s Job Total $ MECHANIC LABOR HOURS This manual was developed by the Florida Department of Transportation Public Transit Office Page 20 of 24 AGENDA ITE M~_~ No. APR 2 2 2003 ~g. 4D Vehicle No. Tag//:. MAINTENANCE LOG Date Description of Repair Mileage Repaired by Date Description of Repair l~leage Repaired by_~ Date Description of Repair ~leage Rep~red by This manual was developed by the Florida Department of Transportation Public Transit Office Page 22 of 24 AGEIyD~ITEM / APR 2 2 2003 ~,IA_INTENANCE LOG Vehicle No. Tag~: VIN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage _Repaired by Date Description of Repair M~leage Repaired by -- AGENDAITE~ APR 2 2 2003 This manual was developed by the Florida Department of Tranrportation Public Transit Office Page 23 of 24 MAINTENANCE LOG Vehicle No. Tag~: VI.N: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repa,ir Mileage Repaired by .,~ This manual was developed by the Florida Department of Transportation Public Transit Office Page 24 of 24 AGi~ DA,,.JTEM/ . No. |L~_ f_.% ~ APR 2 2 2003 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 4 IN THE AMOUNT OF $22,751.76 TO AJAX PAVING INDUSTRIES, INC. FOR THE GOODLETYE FRANK ROAD PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134. OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. 4 in the amount of $22,751.76 to Ajax Paving Industries, Inc. for the Goodlette Frank Road Project, Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. CONSIDERATION: On October 22, 2002, the Board of County Commissioners approved the contract with Ajax Paving Industries, Inc. for the Goodlette Frank Road Project four and six lane road Project, from Pine Ridge Road to Vanderbilt Beach Road (Agenda Item 10C). This Change Order represents the following changes to the contract: 1) Added additional utility work not in the original scope of the project. 2) Pay items added due to revisions in the utility plans. FISCAL IMPACT: Funds in the amount of $10,436.00 are available in Project #70028 Goodlette Frank Road Fund 412 Water User fees and $12,316.00 in Project #73028 Goodlette Frank Road Fund 414 Wastewater User fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No. 4 in the amount of $22,751.76 to Ajax Paving Industries, Inc., for the Goodlette Frank Road Project, Project No. 60134. Gregg R. Strakaluse, Director, T.E. & C.M.D. Roy Anderson, P.E., P.U.E.D. / APPRO~D ' ' 2~L.L _ Steve Ca~pell, Dlre~or Purch~jfi~Genera(Se~ices No~n E. FedeX, AICP, Administrator Tra~nat~on Dwls~on / DATE: DATE: /z DAT E: <//;"/::'~ AGENDA ITEIv~ - No. ,\~ib ~_ APR 2 2 2003 pg. c,~ PROJECT N~ME: CONTRACT MODIFICATION CHECKLIST FORM Goodlette Frank Road BID/RFP #: NAME OF FIRM: Ajax Paving Industries, Inc. CONTRACT AMOUNT: ORIGINAL $12,495,051.66 CURRENT COMPLETION DATE(S): ORIGINAL: 10121104 CURRENT: 10/21/04 MODIFICATION #: 4 PROJECT #: 60134 CURRENT $ 12,752,570.63 SUMMARY OF PROPOSED CHANGE(S): Added additional utility work not in the original scope of the project and added items due to revisions in the utility ~)lans, steel casings and adding concrete encasements. JUSTIFICATION FOR CHANGE(S): The proposed changes are necessary to construct the utility plans. PARTIES CONTACTED REGARDING THE CHANGE: Sandy Sridhar, P.U.E.D., Dennis Day, PBSJ, John Conti~ and T.E.C.M.D. 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 PROJ ECT/~C~, R ~M MEN DATION: APPROV~,~ .'g'. ~./- ~.,¢-._ Date: DISAPPROVE: Date: COMMENTS: 11/07/02 AG~ND~A ITE5 --i No. -- APR 2 2 2003 Pg. ~ CIlANGE OR1}ER #04 TO: Mr. Richard J. Billian Ajax Paviug Industries lac. 10501 Six Mile Cypress Pkvcy, Suite 108 Fort Myers, Fl. 33912~6400 Project Name: Goodlette Fra,, c Road Widening Conslrucfion A greenlent Date, t: Chan~e Order No.: Four (4) FROM: Collier Counly Transportalion Engineering & Construction Management Department 2675 South Horseshoe Drive, Suite Naples, Florida 34104 ILO. No.: 4500002260 Project No.: 600134 Bid No.: 02-3434 Date: 3/31/03 Change Order Description: (Sze Attached Change Order Summary) Original agreeznenI amount ............................................................... $ 12,495,051.66 Sum of previous change mders amount ............................................ $ 234,767.21 This Change Order Amount [add] .................................................... $ 22,751.76 Revised Agrecmettt Amount ............................................................... $ 12,752,570.63 Original contract time in calendar days to substantial ............... 690 days Adjusted number of calendar days due to previous change orders. 0 days This change order adjusted time is ....................................... 0 days Revised Co~trac! Time in cah'~dar da3:~' sttb~tantial ................ 720 days Original Notice Io Proceed date .................................................. Completion date based on orit!inal contract time ......................... t?.e vised completion dale .............................................................. Revised completion date lo final ..................................... December 02, 2002 October 21, 2004 October 21, 2004 No~cmber 20, 2004 Your acceptance of this change order sh~dl corstitute a ntodification to our Agreement anti v. ill be perforated subject to ail tt~e s~nc terms and ctmditions as contained in o~ Agreement indicated above, as lBlly as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constilute a ~11 and final settlement of any m~d all claims of the Contractor arising out ol; or related to. the change set forth herein, including claims for impact m~d delay cos}sx Denms ~ D95, l r~lect Engineer [ BS&J ,'~ ~ /'¥ .-, ,c,,cd Dy: ~ ~'~; .... '~, L~T~" ' Dale:. / J9~ Conti. Project Mammer Rex iex~ed by: ' =-':7 Roy B. Andcrs tn, P.E., I'.U.E.D. l)irecmr ' "-~5=n R~ Tho~e, P.E., Principal Prog~ Manager Approved by: Gregg Strakalme, T.E.C.M. Director Date: Approved by: Date:__ Accepted by: Norman E. Fe. let, Transportation Administrator .~ "} /7 ., . ~ /.~_ ~' ~; I.,,}.,/-,.~- · Richm'd J. g~{i~ n, Project Manager, Ajax Paving Induslries, Inc. AGENDA ITE,.I~ ' APR 2 2. 2003 Pg. Z3~ ~× Z A~ENQA ITE No. APR 2 2 2003- Pg. C~han~,e Order # 4 Summary 1 !TIIATIES New Pay Items F'M-22 EXTRA WORK I' OR PERFORMING 4" DIP NOT SHOWN IN TIlE PLANS2 Pay item added for additiocal work not per Ihe original scope of Ibc contract. Platt Error 5; 1.8~q5.11 htcrea~e FNI-23 I)IP 4" FORCE MAIN Pa)' ilem added after UtiliLv plans were revised. Plan Revision $ 2.671.50 Increase FM-24 DIP O" FORCE MAIN Pay i~enl added after Utilit?, plans ~,~ ere revised. Plan Revishm 5; 3J03.35 Increa:;e FM-25 CUT & PLUG E}:ISTING Io" FORCE MAIN P%' ilem added after Utilil., plans were levised. Plan ReviM~m $ 3.964.80 I,~crca~e ~,'m-36 24' WATER MAIN DIVERSION AR('*UND EXISTING I..~TII.ITY POLE Pa)' itc'a added after Utility pi;ms xxcr,: ~evised. P~att Rcrision 5; 1fl.347.00 Increase AGENDA ITF__~, -- No. \k~eb L_ APR 2 2 2003 [ Pg. ~ - GOO"~LETTE-FRAUK ROAD WiDENiNG PROJECT FROM PINE RIDGE ROAD TO VAhlDERBILT BEACH RD. COUI4~Y PROJECT NO.: 60134 CONTRACT NO.: COUHTY: COLLIER ADDITIONAL WORK ADDED TO TIiE CONTRACT LABOR NtiMBER CLASSIFICATION TOTAL flOURS RATE 5% MARKUP AMOUNT 0.00 $ S 0.00 $ $ $ 0,00 $ $ 0,D0 S S $ 0.00 S S $ 0.00 $ S $ 0.00 $ $ $ 0.00 S $ $ 0.00 $ $ $ LABOR TOT/M- EQUIPMENT UNITS DESCRIPTION TOTAL HOURS~ RATE 5% MARKUP AMOUNT 0.00 $ $ $ 0.00 S $ $ 0.00 $ $ $ 0.00 $ $ $ 0.00 $ $ $ 000 $ $ S 0.00 $ $ $ 0.00 $ S S 0,00 $ $ $ EQUIPMENT TOTAL MATERIALS -QUANTITY KIND UNIT PRICE 5% MARKUP AM01.JN:I~ t0 EA 24" WATER MAIN DEFLECIlON AR~iUND UTILITY POLE $ 9,940 DQ $ 10~437 O0 $ 10,43700 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ i~iATERIALS TOTAL ; ~..":; .~.. [TOTAL ADDITIONAL WORK COST vv*= HERESY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DDCUMEhlT CONSTITUTE A FULL ,~ND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERIALS, OVERHEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. PREPAJ:~ED BY: .'PROJECT ENGII; =-ER DATE I ?:'.': .,-. , .~-,:~'Z~ ... ~' t ..?~t~,~,~--~ ~PP~VE~BY: PR~ECT MANAGER / DATE .? ACCEPTED BY: - ~ONTRACTOR ' ' ~ DATE' / APR 2 2 2003 pg. 7 GOODLETTE-FRANK ROAD WIDENING PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH RD. COUNTY PROJECT NO.: 60134 CONTRACT NO.: 00-31~4 ADDITIGNAL WORK ADDED TO THE CONTRACT LABOR NUMBER CLASSIFICATION TOTAL ItOUR$ RATE 5% MARKUPI AMOU'NY ' 000 S S S O.OO S ~ $ S OOO S $ S 0,00 S $ S 000 S $ S 0 O0 S S S 0.00 $ $ $ 000 S S $ 000 S $ $ ILABOR TOTAL EQUIPMENT UNITS DESCRIPTION TOTAL ItOURS RATE 5% MARKUP AMOUNT o.oo $ s $ o oo $ $ $ o oo $ $ $ ooo ~$ s $ 000 I $ $ $ 000 $ $ $ 0,00 $ $ $ o.oo $ $ $ 0.00 $ ~ $ $ IEQUIPMENTTOTAL ~IAIERIALS QUANTITY' . KIND ........ -U~NIT PRICE i 5% MARKUP AMOUNT 1.0EA DIP4"FORCEMAIN S 2.63000 $ 2~761 50 $ 2~76150 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ [[ATERIALSTOTAL TOTAL ADDITIONAL WORK COST WE HEREBY CERTIFY THAT THE ITE&iS AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING Tiffs DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETFLEMEI~T OF THE MAT~ERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERIALS, OVERHEAD,AND PROFIT RELATING TO Tile ISSUES SET FORTH iN THIS DOCUMENT. PREPARE{') BY: ~ PROJECT ENGINEER DATE / ~P~oVEo BY? PROJECI~MANAGER / DATE .. ?./ ACCEPTED BY: -CO~TRACTOR AGENDA ITEI~ No. \\ APR 2 2 2003 Pg. GOO3LETTE-FF~4JaK ROAD WIDENING PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH RD. COUNTY PROJECT NO.: CONTRACT NO.: COUNTY: COLMER ADDITIONAl WORK ADDED TO THE CONTRACT LABOR NUM~'ER CLASSIFICATION ;TOTAL HOURS RATE 5% MARKUP AMOUNT O.O0 $ $ $ 0.00 S $ S 0.00 S S $ 0,00 $ $ $ 0.00 $ $ $ 0.00 $ $ 0.00 $ $ O.O0 $ ! $ $ 000 $ ! $ $ I LABOR TOTAL EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE :5% MARKUP AMOUNT 0.00 S $ $ 0.00 S $ $ 0.00 $ $ $ 0.00 $ $ $ 0 00 $ $ $ 0.00 $ S $ OmO0 $ S $ 0.00 $ $ $ 0.00 $ $ $ IEQUIPMENT TOTAL it/TAT ERIALS QUANTITY KIND UNIT PRICE 5% MARKUP AMOUNT 1.o EA DIP,~" FORCE laS.IN $ 3,527.00 $ 3,70335 $ 3.703.35 $ $ $ $ $ $ $ $ $ -.~ $ !$ $ $ $ MATERIALS TOTAL ITOTAL ADDITIONAL WORK COST ~/E HEREBY CERTIFY THAT THE ITEMS AND AMOUNTS LISTED ON TIlE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THtS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SETTLEMENT OF THE MA1-FERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER. I.~ATERIALS, OVERiIEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. PREPARED'BY: ..P~ROJECT ENGINEER / ' APPROVED'BY:- PROJECT MANA3ER DATE / / DATE h AG,E, ND~ ITE~' ~ I o. APR 2 2 2003 pg. GOODLETTE~FRANK ROAD WIDENING PROJECT FROM PINE RIDGE ROAD TO VANDERBILT BEACH RD. COUtJTY PROJECT HO.; 60134 COHTRACT NO.: 00-$1~4 COUNTY.' COLLIER ADDITIONAL WORK ADDED TO TI IE CONTRACT LABGR NUMBER CLASSIFICATION TOTAL HOURS RATE .5",/. MARKUPAMOUNT 0.O0 S $ $ 0.00 $ $ S ooo s s I $ O.00 S $ S 000 $ S $ 000 $ S S 0.00 S S 0.00 S S S 0.00 $ S $ IL~BOR TOTAL J · EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE 5% MARKUP AMOUNT 0.00 $ $ S 0.00 S $ 0.00 S S $ O.O0 S , $ $ 000 $ ;$ 0.00 $ $ 0.00 $ $ $ 0 O0 $ $ $ 0 O0 $ $ $ [EQUIPMENT TOTAL K'~ATERIALS QUANTITY [ . KIND UNIT PRICK5% MARKUP AMOUN~ 1.o EA CUT & CAP E~ISTtNG 16" FORCE MAIN $ 3,776 00$ 3,96480 $ 3,964 80 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ I~,ATERIALS TOTAL : . :.... JTOTALADDITIONAL WORK COST WE ItEREBY CERTIFY THAT THE ITEM~ AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLETE SE3~'LEMENT OF THE ~IA'I'TERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, MATERtALS, OVERHEAO,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS DOCUMENT. !' ~T~ . ? PREPARED'~Y: -' PROJECT ENGIN!.~ER ',:~ ~ '~ " ..'~; ·i? ~ '.,~ % . ~-~ ~ -~c~'~ - APPROVED BY: PROJECT MANAGER DATE DATE" ACCEPTED BY: :'C/ONTRACTOR DATE AGENDA ITEI~ / No. \{,~<~.~ - '~1 APR 2 2 2003 Pg. ~ . GOOD[ ETTE~FRANK ROAD WIDENING PROJECT . FROM PINE RIDGE ROAD TO VAUDERBILT EIEACII RD. COUNTY PROJECT NO.: 60134 CONTR&CT NO.: ~0-3184 Engineer's Estimale LAi~OR "hlUMBER CLASSIFICA'IION .... TOTAL HOURS I~ATE 10% MARKUP AMOUNT I foreman 4.00 $ 37.00 $ 40.70 S 162.80 I operator 400 $ 34.50 $ 37.95 $ 151.80 5 ~killad 20.00 $ 29,00 $ 31.90 $ 638.00 000 $ S $ O.O0 S $ $ 0.00 $ $ S 000 $ $ $ 0.00 $ $ $ 0.00 $ $ $ r~,'=,OR TOT^, I .... :-- I EQUIPMENT UNITS DE$CRJPTII)N TOTAL HOURS RATE 10% MARKUP AMOUNT I John Deer LC 220 4.00 $ 80.00 $ 88.90 S 352.00 1 Volvo Loader t2OE 4.00 $ 47.55 $ 52.31 $ 209.22 1 3" Mud Ho9 Pump 4.00 $ 4,60 $ 506 $ 20.24 0.00 S $ $ 0.00 $ $ 0.00 S $ S 000 $ $ S 0.00 $ $ ri. GO $ S $ EQUIPMEt~r TOTAL ,, I '' I MATERIALS Q,'T~Y,. DESCRIPTION UNIT PRICE 10% MARKUF AMOUN¥" ? 4")[.t2"U.J. Cou,oler S 28.05 .$ 30~86 $ 3~8-'~' ! · ISxBTEE S 28.30 $ 31.13 $ 31.13 2 4" MJ. 4S $ 28.69 $ 3156 $ 63,12 4 4' M,J. NleQalu.o~ $ 19.95 $ 21.95 $ 87.78 20 4"cg0ODRISPipe $ 220 $ 242 $ 4840 , $ $ $ $ $ S I~ATERI~-S TOTAL I ' I JSLJBCONTRACTOR COST FOR ADDITIONAL WORK PRIME CONTRACTOR 5% MARK UP TOTAL COST OF EXTRA WORK 89.77 1,888.11"] WE tlEREBY CERTIFY THAT THE ITEM.'i AND AMOUNTS LISTED ON THE WORKSHEET ABOVE HAVE BEEN CHECKED At~D ARE CORRECT. SIGNING THIS DOCUMENT TIlE CDI4TRACTOR AGREES THIS DOCUMENT CONSTITUTE A FULL AND COMPLE'T SETTLEMENT OF THE MATT ERS SET FORTH HEREIN, INCLLIDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT MANPOWER, MATERIALS, OVERfIEAD,AND PROFIT RELATING TO THE ISSUES SET FORTH IN THIS r,." '-/,/o PR .E~. ,,~B/,r/ PROJECTENGINE.ER "ATE APPROVED BY: P~OJECT MANAG ER DATE .., .... - ' / / [ .lILlY kCCEPTED BY: ,'}-~OiTRACTOR ~ DALE' AGEND. g, ITEJ~L -'-- No. tt.c_t"b /_ APR 2 2 2d03 Pg. ~.~, WORK DIRECTIVE NO.: PRICING INFORMATION CLASSIFICATION Superintendent Foreman Operator Pipe Layer Laborer MA TE~IAL$ DESCRIPTION 4" Pipe & Fits DESCRIPTION Excavator Loacter Dewatering Pumps Tocl Truck SUE~C_ONTRACTOR$ DESCRIPTION CHANGE PROPOSAL SUMMARY FORM RFP No. g DIP 4-inch Force Main HOURS RATE $50.00 $37.00 $34.50 $2g.00 $28.0O COST $100.OO $148.00 $232.00 S208.00 QUANTITY UNIT PRICE 1 Is sega. DO SUB-TOTAL TAX 6.00% COST $59~. 00 $0.00 541,76 SUB-TOTAL MARK-UP 10% $1,563.76 $156.38 TOTAL L~,BOR & MATERIALS DAYS 0,5 0.5 0.5 0.5 RATE $600.00 $400.00 $500,00 $150,00 SUB-TOT-AL' - - MARK-UP 1C% TOTAL EQUIPMENT COST ~00.00 $200.00 $250.00 $75.00 $B25.00~- $82.50 QUANTITY UNIT PRICE SUB-TOTAL MARK-UP 10% TOTAL SUBCONTRACTORS TOTAL COST QUANTITY TOTAL UNIT PRJCE COST $0.00 $o.oo so. Do SO.DO $0.00 So. Do TOTALS $1,720.14 $907.50 $0.00 $2,627.64 1,00 $2,627,64 AGENDA ITEr No. \~ '-,~ APR 2 2 2003 pg. t L WORK DIRECTIVE NO.: PRICING INFORMATION CLASSIFICATION Superintendent Foreman Operator Pipe Layer Laborer .MA TERIALS DESCRIPTION 4" Pipe & Fits EQUIP~M. ENT DESCRIPTION Excavator Loader Cawatering Pumps Tool Truck ~_.UBCONT,~ACT_C'R$ DESCRIPTION CHANGE PROPOSAL SUMMARY FORM RFP No. 9 DiP 4-incl~ Force Main HOURS RATE $50.00 $37.00 $34.50 $29.00 S26,00 COST $10000 St48.00 $138.00 $232,00 S208.00 QUANTITY UNIT PRICE 1 Is $496.86 SUE-TOTAL TAX $498.88 6 COST $4~.$6 $0.00 SUB-TOTAL MARK-UP 10% 1,352,,~8 $135.25 TOTAL LABOR & MATERIAL8 DAYS 0.5 0.5 0.5 05 RATE $600.00 $400.00 $500.00 $150.00 SUB-TOTAL MARK-UP 10% TOTAL EQUIPMENT QUANTITY UNIT PRICE SUB-TOTAL. MARK-UP 10% TOTAL SUBCONTRACTORS TOTAL COST QUANTITY I'OTAL UNIT PRICE COST $3C0.00 $200.00 $250.00 $75. o9___ $825.00 $82.50 COST $0.00 $0.00 $o,oo $0,C0 $0.00 $0.00 ~.00 TOTALS $1,487,7'1 $907.50 $0,00 $2,395.21 1.00 $2,395.21 APR 2 2 2003 f El-Irt. kW11~ WA?III~ffOIU~ 17~23 j ~iAI4 Cud PO~...: DR~ 4PP N'.,4LAP NI,.JL$1..AP ~u~l 3¢~C4 Tmal 12 19,95D £A 1 27.7~'~ EA 27.?$ Net Total: ;A ,~X3,DO 155~.00 93 40 16,50 ~X5 AGENDA lTD" 2003 Ironmax - Blue Book Results - Full Search Page 1 of 1 Blue Book Welcome ANTHONY GALVEZ [ agalvez@pbsj.com ] Subscription valid until 06/04/2003 Rate Adjustments Equipment Category: PUMPS Equipment Type: DIAPHRAGM PUMPS-- Gasoline Manufacturer: MISCELLANEOUS Start a New Search Equipment Notes: Portable and self-priming. Hoses and auxiliary equipment are not included. Rate Element Allocation: Based on ~lonthly Rate 0.20 S102.00 0.68 S346.80 0.06 $30.60 0.06 $30.60 Enter Adjustment(s) Age Adj. Yr. of Mfr.: 12002 Adjustment: 10.9940 Regional Adj. Canadia.0 Regions State/Province: i Florida Adjustment: I0.9250 Alaskap_R__e_gio n s User Defir Ownership Op. Cost Total: $15 ~o.oo $)4S.oo $[36.00 $[5.00 $12.45 $I-38.25 $ I-~0.87 $1-2.70 $ [-0.37 $I0.0 $ [-3.06 $ J-0.87 $ J-0.22 $ J-0.03 $ [0.0 $ [o.oo s Io.oo $ Io.oo $ Io.oo s [o.oo S [468.92 $1133.32 $133.~0 $14.60 $12.45 Back Wor Copyright © 2002, PRIMEDIA Business Magazines & Media Inc. All rights rese~ Pg. lO .../bluebook_rateadj ustment.qjsp?&equipmentclassid=22&equipmentclass=PU MPS &equipme~3/24/2003 Iro~m~ax - Blue Book Results - Full Search Page 1 of 2 Blue Book Welcome ANTHONY GALVEZ [ agalvez@pbsj.com ] Subscription valid until 06/04/2003 Rate Adjustments Equipment Category: _E_XCA__VATORS Equipment Type: C_RAW_L.ER ,_M. OU__NTED HYDRAULIC EXCA__V_ATORS-- ,Di_esel Manufacturer: DEERE Start a New Search Equipment Notes: Bucket included in rate, unless otherwise noted. Rate Element AlloCation: Based on ~Vlonthly Rate 0.40 0.37 0.16 0.07 $3,028.00 $2,800.90 $1,211.20 $529.90 Enter Adjustment(s) Age Adj. Yr. of Mfr.: [- Please Select - Adjustment: [1.0 Regional Adj. Canadian Reg oas_ Al__aska_0_Regiqns_ State/Province: I- Please Select - ~. Adjustment:. 11.0 User Defir Ownership Op. Cost Ba_c_k $ I530.00 $ 80.00 $ 0.0 $ $10.0 $10.0 s[O.O SI0-0 S I 0'00 SC Work .../bluebook_rateadjustment.oj sp?&equipmentclassid= 13&equipmentclass=EXCAVAT $127'90 $[0.0 $ ]0.0 $ Io.o .177 9o ~ 'AGEND/k ITEI~ No. sheet R e p_o?t APR 2 2 2003 Iromnax - Blue Book Results - Full Search l'age Iot 2 Blue Book Welcome ANTHONY GALVE7 [ agalvez@pbsj.com ] Subscription valid until 06/04/2003 Rate Adjustments Equipment Category: _WHEEL LOADERS Equipment Type: 4-WD ARTICULATED WHEEL LOADERS-- Diesel Manufacturer: VOLVO Start a New Search Equipment Notes: Includes General Purpose bucket and ROPS, unless otherwise noted. Model Notes: with EROPS Rate Element Allocation: Based on Monthly Rate 0.41 $1,927.00 0.27 Sl,269.00 0.20 $940.00 0.12 $564.00 Enter Adjustment(s) Age Adj. Yr. of Mfr.: I2002 Adjustment: I1 Regional Adj. Canadia~_R_e_gio_n.s_ State/Province: I Florida Adjustment: 10.9510 Alaskan Regions_ User Defir Ownership Op. Cost Ba_c_k W .../bluebook_rateadjustment.oj sp?&equipmentclassid=3 &equiplnentclass=WHEEL+I $ J2o.3o $ Jo.o S Jo.o $ Jo.o0 s J20.30 ~rk sh~J~IFFJ: , ti APR 2 2 2003 An employee-owned company March 20, 2003 Ajax Paving Inc. Artn: Richard J. Billian 10501 Six Mile Cypress Par~vay, Suite 108 Ft Myers, Florida 33912 SUBJECT: REQUEST PRICING FOR ADDITIONAL PAY ITEMS Job Description: County Project No.: Contract No.: County: Letter No. Goodletxe-Frank Road Widening From Pine Ridge Road to Vanderbilt Beach Road 60134 00-3184 CoLlier 59 Dear Sir, I am requesting Ajax Paving submit prices for the following pay items that were added to the contract after the utility plans were revised. Description Qty. 24" water main diversion around utility, pole 30" water main steel casing Dip of a 4" force main line Dip of a 6" force main line Cut and Plug existing 16" force main 1.0 Ea. 50.0 Lf I..a. Ea. !.0 Ea. 1.0 Ea. If you have any questions, or if we can be of further assistance, please contact me at (239) 549-7275. Dennt~K. pay'X Project En in~ PBS&J CC: File 2.02 Johli Co,iii, Projecc ~lanag~r, Cullicl' County Tom D~r. P.E,, Senior Pmj~l Engineer, PBS&J , AGE. NDA ITEM. APR 2 2 2003 1719 Trade Center Way, Unit 10 · Naples, Florida 34109 * Telephone: 239.594.1275 · Fax: 239.594.3881 ° www. pbsj.com 03/25/2003 08:35 123956~7865 MITCHELLST~RK PA~ 8i/0i ~Iitchell & Stark Construction Company, Inc. 600l ~hir!~-Y Street, Naples, Florida 34109 Of£~e: (941) $97-~165 Fa'c: Facsimile To: PBS&J Attn: Dennis Day @Fax: 594-3881 From: Dave $cafidi Date: 3/25/03 Pages: Be: Gocdlette-Frank Road; Request for unit Fricing 3/20/03 Note~: 24" 9~ Deflect at Utility Pole lea DIP 4" Force Main lea Please find the foiiowinq Unl~ Prices as re.cfuested; $ 9,940.,20 $ 2, ~30 . 00 DiP 6~' Force Main lea $ 3,527.90 Cut & Cap 16" .=/4 ~tth regard to the reques~ for 30" S=i Cazing on Mater M~.in, the tabs recently provided by johnson show 30 !f a= Sta.~"0+~0 and ~C if ~t Sra. 512+00. The Plans indicate a 24" ~4 ='~ the f±rst location, this will require a 36" Sti Ca~tng per Collier County Standards. You airaady have a CcntracC Unit ?rial, for this item. We cannot confirm the water main size a~ tbs 2nd location because Sheet 21 was not included in our copy on the reprised plans. Please provide Sheet 21 fur our ~2se. Feel fr'_ ts call with any questions. cc. AJ~-,X 936-9445 ph. 941-597-2165 fax 9A1-566-7865 G:"..Ne~work Ser~.,er\Jcbfilek~01- Cobs Current'\~437 Gocdla.-_~e-~rank Rd No, . ,1_. APR 2 2 21303 EXECUTIVE SUMMARY APPROVAL OF WORK ORDER UNDER CONTRACT #00-3184, FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY HDR CONSTRUCTION CONTROL CORP. FOR LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION, PROJECT NO. 66042, IN THE AMOUNT OF $147,277.00 OBJECTIVE: To receive Board's approval of the negotiated work order for Construction Engineering Inspection (CEI) services by HDR Construction Control Corp. for the Lakeland Avenue Bridge and Roadway construction project. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved Agenda Item (16) (B) (11 ) for services to be provided under Contract #00-3184, Construction Engineering & Inspection Services for Collier County Road Projects. Staff has negotiated with HDR Construction Control Corp. for their services for the Lakeland Avenue Bridge and Roadway construction project, which resulted in the attached proposal. This contract work is scheduled for completion in 180 days (6 months). (See attached Work Order). Staff. is recommending that the construction of the Lakeland Avenue Bridge be accelerated for the following reasons: The recent closure of Piper Boulevard's access to Livingston Road has removed an option of access from neighborhood residents and emergency services. Although necessary for safety reasons, staff understands the need to promptly establish the Lakeland Avenue Bridge as a safe and efficient means to cross the Cocohatchee Canal and access Immokalee Road. ° In anticipation of the significant construction activity associated with the Immokalee Road Project, staff has identified a way to reduce the level of disruption to the neighborhood and streamline construction activities. Staffhas also found ways to reduce the construction schedule. This delay, however, will better position the county to sequence construction on east-west arterials. By constructing the Lakeland Avenue Bridge ahead of the Immokalee Road Project, traffic circulation and safety is improved and disruption to the neighborhood is reducq~during the Immokalee Road Project. This will include the construction of a new bridge and traffic signal at the intersection of Lakeland Avenue and Immokalee Road, as well as the removal &the existing Euclid Avenue Bridge. The existing Euclid Avenue Bridge currently constricts the Cocohatchee Canal and does not provide safe pedestrian or vehicular movement across the canal. The removal of the Euclid Avenue Bridge is a permit condition for the construction &the Lakeland Avenue Bridge. Staff. did consider improvements to the Euclid Avenue Bridge, however, vehicular access to the improved Immokalee Road would be limited to a right-in, right-out condition. The construction of the Lakeland Avenue Bridge provides for a signalized, full median opening access point allowing for improved traffic management and safer pedestrian access. If approved, the Lakeland Avenue Bridge would commence construction in June 2003 and be completed in late 2001. 'I'l~,[j~l~t,iTcl~u No. ~ k.~..,~",m~ _ APR 2 2 2003 I Pod. Avenue Bridge would not be removed until the new bridge and traffic signal at Lakeland Avenue is fully operational. -~,~_ISCAL IMPACT: Funds in the amount of $147,277.00 are available in the Transportation Supported ~""~ ~n~'~~eee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to HDR Construction Control Corp. for the Constr~,:tion Engineering 8: Inspection Services for the Lakeland Avenue Bridge and Roadway construction project. ( ~L/ynn'~. Thorpe, P.E. Principa~l Project Mar~ager APPROVED BY: APPROVED BY: Gregg R. Strakaluse, P.E. Director, T.E. & C.M.D. Steve-Qlarnel~ ~ Dire;:, Purchasing/General Services TNr6:rtE~tiFoend~ivis~oCnP, Administrator Date: Date:~__/~ AGENDA ITEM No. ! I~{~ <~ APE 2 2 2003 Pg. ~ Project Description: ESTIMATED COSTS CONSTRUCTION ENGINEERING & INSPECTION SERVICES PREPARED FOR COLLIER COUNTY, FLORIDA CONTRACT # 66042 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS LAKELAND AVE. BRIDGE EMPLOYEE CLASSIFICATION Senior Project Engineer Office Engineer Senior Inspector Survey Crew 4 Man Material Testing Services REGULAR TIME AVG. HOURLY SALARY MANHOURS BILLING RATE * COSTS 300 $105.00 $ 31,500.00 231 $ 65.00 $ 15,015.00 1155 $ 65.00 $ 75,075.00 80 $ 130.00 $ 10,400.00 $ 15,287.00 TOTAL MAXIMUM LIMITING FEES ** $147,277.00 Estimate prepared by HDR Construction Control Corp. 28210 Old 41 Road Unit 303 Bonita Springs, Flodda 34135 (239)-498-0679 AGENDAITEM No. APR 2 2 2003 Pg. MATERIAL TESTING SERVICES CONTRACT # 66042 LAKELAND AVENUE BRIDGE ITEM STANDARD PROCTOR -~MEROCK BEARING RATIO ~ LIMITS PLASTIC LIMIT AND PLASTICITY CARBONATES LAB PREARATION OF SAMPLES CONCRET COMPRESSIVE STRENGTH WAVE EQUATION ANALYSES PILE DRIVING ANALYSES -CAP ANALYSIS '--~-~-N ~ ~-~ IN E ER TIME ESTIMATED Q____UANTITY 9 6 1 1 1 18 69 4 4 4 50 UNIT RATE $ 70.00 $ 225.00 $ 45.00 $ 50.00 $ 50.00 $11.00 ~6.00 $ 200.00 $1,250.0( -~ 500.00 $95.00 UNIT TEST -TEST TEST ~EST TEST TEST EA EA HOUR TOTAL ESTIMATED FEE 630.0O 1,350.00 45.00 $ 50.00 $ 50.00 $198.00 $ 414.00 _~$ 800.00 5,000.00 $ 2,000.00 $ 4,750.00 15,287.00 - AGENDA ITEM _ APR 2 2 2003 Pg. February5,2003 Lynn Thorpe Principal project Manager Collier County CE&TM Subject: Lakeland Avenue Bridge Cost Estimate Collier County Project NO.: 66042 RECSIV D MAR 5- 2003 /raqsp~-~,,vn Services DMsion Dear Mr. Thorpe: As per your request, we are pleased to submit the man-hours for the above mentioned project. I have enclosed the man-hours along with the estimated costs associated with this Work. Order. Should you have any questions or require additional information, please do not hesitate to call me ~ (239) 498-5407, or email kvieth~hdfinc.com Sincerely,. HDR CONSTRUCTION CONTROLtE~ORATION K~' E~.. Vielh~~~'Q~)'~~ S/W Florida Area Manager Enclosures Cc: Eddie Martin, Collier County TE&CM HOlt Constrectioa Coetfel I:~rp. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE TIlE PURCHASE OF ONE (1) SINGLE ENGINE STREET SWEEPER TRUCK, IN ACCORDANCE WITH BID # 03-3485 OBJECTIVE: To enhance the daily repair and maintenance on County Roadways and Rights- Of- Ways within the Road Maintenance Department. CONSIDERATIONS: Invitations to bid were sent out on Febuary 11, 2003 and opened by the County Purchasing Department on March 04, 2003. Staff has reviewed all bids and found that the first two low bids do not meet minimum specifications, for the follo~ving reasons: Florida Municipal No autolube Not mounted on truck chassis No hopper lining No hopper shift Broom width 125" instead of 144" GVW 28,500# instead of 33,000# Conveyor not able to lift separately from main broom Schwarze No autolube Lead ann instead of trailing arm No hopper lining No hopper shift Broom width 132" instead of 144" Sweeping components do not raise when put in reverse The bid tabulation is attached and Staff recommends that the award be made to Environmental Products of Fl. Corp. FISCAL IMPACT: Funds in the amount of $156,447.00 are budgeted in MSTD General Fund 111 under Landscape Maintenance. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this award. RECOMMENDATION: That the Board of County Commissioners award Bid #03-3485, to Enviromental Products of Fl. Corp., for the purchase of one (1) Single Engine Street Sweeper Truck. Jo~and l~ridge Superintendent DATE: REVIEWED BY: Stephen Y. Camell, Purchasing/GS Director DATE: AGE ND,~ IT~ No. APE 2 2 2003 I No~/~ E. Feder, AICP, Transportation Administrato AGENDA IT~c.~ No._l [/' P~ APR 2 2 2003 ' -.I co 'o i>,.'~ I ,c: : "~1~ [ j ' j E ~o >. ~ 'C,o , ' : ~O iI J j I O' ~ , co O )'- ~ '"- I ~ I ._o ~ ~ : i ,-' '-' ~[ m, >,, ~ [ A~ENDA ITJ~M !.c:: le = ~..~j I -'J i~ No, '1'.~ !~ ~-- ~' ~_ , APR 2 2 2003 pg. --~ EXECUTIVE SUMMARY STAFF RECOMMENDATION THAT THE BOARD OF COUNTYCOMMISSIONERS: CONDITIONALLY ACCEPT RECORDED EASEMENTS AND DEEDS FOR WHIPPOORWILL LANE; AND APPROVE AN INDEMNIFICATION AGREEMENT; AND ACCEPT PROVISION OF CASH ESCROW. All MATTERS PERTAIN TO THE LAND ACQUISITION AND CONSTRUCTION OF A ROADWAY ON THE PROPERTY ACCEPTED BY THE COUNTY FOR CONSTRUCTION BY PRIVATE PARTIES OF WHIPPOORWILL LANE OBJECTIVE: First: To secure the Collier County Board of County Commissioners conditional acceptance of easements from property owners along Whippoorwill Lane for construction of the road by private parties. Pulte Home Corporation and PR IV, a Florida Limited Liability Company have agreed to enter into a Hold Harmless and Indemnification Agreement with Collier County so that they may utilize the South Florida Water Management Permit currently in the name of Collier County in order to construct Whippoorwill Lane. Once the Collier County Board of County Commissioners conditionally accepts what Collier County staff has determined to be 100% of the right of way needed for the construction and acceptance of the road, the Hold Harmless and Indemnification Agreement and Escrow Agreement will be simultaneously presented to the Collier County Board of County Commissioners on today's agenda for approval. If the property is not released from all liens and encumbrances within sixty (60) days, from the day of conditional approval by the County, the acceptance will terminate and Pulte and PR IV shall be responsible for all costs associated with the deletion of the County from any recorded documents. Second: Secure the Collier County Board of County Commissioners approval of a Hold Harmless and Indemnification Agreement and Escrow Agreement with Orion Bank between Collier County and the purchaser of land along Whippoorwill Land, Pulte Home Corporation and the seller of the land, PR IV, LLC. Recently, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements. The Collier County Board of County Commissioners also repealed Resolution No's. 2000- 147, 2000-166, 2000-414, 2000- 422, and 2001-246 pertaining to the involvement of the County in the construction of Whippoorwill Lane. The Board denied acceptance of any easements for Whippoorwill Lane until completion of the construction and acceptance of the road. At the February 11th meeting the Board also stated that all permits must be applied for, issued and executed in the name of the developer[s], not the County. . ..................... 2.2. 2~03 The Board further instructed staff that an acceptable hold harmless and indemnification agreement must be drafted and entered into by the property owners protecting the County or a liability insurance policy, naming the County as an additional insured must be procured that is acceptable to the County. However, after recent further meetings with agents of the Pulte Home Corporation and the seller, PR IV, LLC, County staff agreed to recommend to the Collier County Board of County Commissioners that: 1. Since the Pulte Home Corporation and PR IV, LLC have been able to successfully acquire 100% of the land needed for construction of the roadway along Whippoorwill Lane, (as determined by County staff); then 2. County staff is recommending to the Collier County Board of County Commissioners that the Board allow the Pulte Home Corporation or PR IV to utilize the South Florida Water Management Permit currently issued in the name of Collier County for the construction of the roadway, solely at their expense; and 3. The Pulte Home Corporation and PR IV, LLC. will indemnify and hold harmless the County from any and all claims and liability of any kind resulting from the acquisition of the land and the construction, attempted construction, or failure to construct the roadway along Whippoorwill Lane. 4. In the event the purchase and sale of the Whippoorxvill Woods Property to Pulte is not completed by April 30, 2002, PR IV will be responsible for the Hold Harmless and Indemnification provisions. Additionally, PR IV will post a $1,000,000.00 Letter of credit to guarantee the indemnification provisions under the Agreement. CONSIDERATIONS: First: The property owners along Whippoorwill Lane entered into an agreement concerning the construction of the Whippoorwill Lane roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, easements from most of the property owners were secured in the name of Collier County and recorded in the public records. Collier County staff did not participate in, nor authorize the acquisition of these easements. The easements and deeds and all needed title information from the landowners and their representatives, have been reviewed for legal sufficiency by Collier County staff. Collier County will not participate in any costs related to the construction of this road. The parcels acquired by the developers to be accepted by the County are identified in Composite Exhibit "A" to this Executive Summary. Second: The Whippoorwill roadway project is located on the south side of Pine Ridge Road, approximately ½ mile west of 1-75; and consists of the paving along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. The work along Whippoorwill Lane begins approximately 750 fi. south of Pine Ridge road and ends in a cul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kensington ............. ~.~ r.::,. 10 2003 Canal or the regional flow way which extends from the ½ section of land on the west side of the road, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal. The South Florida Water Management District permit, has been issued in the name of the County. The County has informed the South Florida Water Management District that it prefers permit 11-02182-P to be in the name of Pulte or another property owner[s] along Whippoorwill Lane. However the permit is currently still in the name of Collier County. Collier County, through this agreement, intends to ensure that it is adequately protected, indemnified and held harmless from the use of the South Florida Water Management District Permit No: 11-02182-P, issued in the name of Collier County, by Pulte and PR IV, LLC, jointly and severally, and for Pulte's construction of the roadway and for any claims resulting from the acquisition of the right cf way for the road. Under the agreement, Collier County is only allowing the use of the above- referenced permit on the condition that Pulte and PR IV, LLC shall have all responsibility for adhering to any and all permit conditions, in lieu of the County, including restoration of any protected areas and resolving any issues pertaining to the real property involved in the construction of the roadway, including removal of any hazardous substances and any environmental mitigation that may be required. The property owners along Whippoorwill Lane entered into an agreement pertaining to the private construction of this roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, certain easements from most of the property owners were secured in the name of Collier County and recorded in the public records of Collier County. Collier County staff did not participate in, nor authorize the receipt of these easements. The recorded documents are being reviexved for legal sufficiency, land area, and clear title. Collier County staff began this process on or about January 24, 2003. Once reviewed and found acceptable, Collier County staff has agreed to present the acquired rights-of-way to the Collier County Board of County Commissioners for acceptance, conditioned upon adherence to the Indemnification Agreement. In order to protect Collier County from potential liability, it is recommended that the indemnification agreement be approved prior to any construction occurring and simultaneously with the acceptance of the easements for the roadway. The record needs to reflect that Collier County does not accept any responsibility for the construction or the completion of construction of this roadway. If the Pulte Home Corporation fails to complete the road, it shall be the responsibility of the Pulte Home Corporation and PR IV, LLC to return all easements to the property owners and bear all expenses for the completion of the road. A cash sum of $100,000.00 will be deposited into an escro~v account for the immediate use of the County in the event of any claim. This cash amount is in addition to the insurance policy and personal liability of the parties. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. A:3?,DA ITEM_ , E 3 APR 2003 RECOMMENDATION: That the Board of County Commissioners: Conditionally accept the easements and deeds along Whippoorwill Lane without acceptance of any obligation to construct the roadway and with knowledge and anticipation of entry into a Hold Harmless and Indemnification Agreement immediately following this acceptance from Pulte Home Construction, Inc. and PR IV LLC. Approve the attached hold harmless and indemnification agreement, and the escrow agreement. Prepared by: ,: ;~.~,. ~ ~f.' , ~ Jacquehne HubBard Robinson ~ss~stant county Attorney Reviewed by: ,'~ Date: David C,')VeigelxCo.unty Attorney Approved by: Date: NormaJ:i/Pede~, Tr~nsportation Administrator / ~lar 31 2003 16:20 P. 02 PAI~CEL$ #2, 3~ 4 and 5 Easement Area granted by Parcel 2 Owner: The East 40 feet of the N ½ of the SE 1/4 of the SW 1/4 of Section 18; Township 49 South, Pum=~ 26 East, Collier County, Florida, cqntaining 26,408 square feet more or less. Eas~nent Area granted by Parcel 3 Owner: The East 40 feet ofthe East ¼ of the SE 1/4 of thc lqE 1/4 of the SW 1/4 of Section 18, · To~ship 49 South, R~gc 26 East, Collier COunty, Florid~ c6ntaining 26,408 square feet more or less. E.~sement Area granted by Parcd.4 Owner: TM East 40 feet and the West i5 feet of the East 55 feet of the North 62.41 feet of the lq ~ of the NE 1/14 of the SW 1/4 of Section 18, Township 49 South, l~.an~'26 East, Collier County, Florida, containing 27,344 squ~e f. et more 0r less. Eascmen~ Axea Granted by Parcel 5 Owner: TM East ~,0 fe~ and the Weir 15 feet of.the East 55 feet oft, he South 317.59 feet of the · S ~ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, P, an.e 26 East, Collier County, Florida, containing 31,172 squ~., e fe~ more or less. P~ABCEL # 6 Easement Area Granted by Parcel 6 Owner: The East 30 feet of the South ~ of the South ¼ of the North ~ of thc SE 1/4 0fth~ lqW 1/4 of Sccficrn 18, Township 49 South, F, angc 26 East, Colli~r County, Ylorl.da, containing 1,800 square feet mom or less. PARCEL #? Easement Area Granted.by Parcel ? Owner: The East 30 feet of the Sou~da ~ of the South ½ of the Nqrth ½ of the SE 1/4 of the I~W 1/4 of Sccti.on 18, 'i'ownship 49 South, Range 26 Ea~, Collier County,'Florid~/c.on~ining 3,151' S~ti'ar~ feet more or less. ' ' , Flat 31 2003 16:20 P.03 Easement Area sranted by Parcel 8 Owner: The East 30 feet of the North ½'of thc South IA of thc Nbrth V~ oft. he SW 1/4 of the -'NT~.. 1/4 of Section 18, Township 49 South, P, ange 26 East, C~llier County, Florida, conl'a~-ing 4,952.00 square feet more or less. F C_F_F_F_F_F_F_F_F~~and 10. Easement Area granted by Parcel 9. Owner: The East 30 feet of the South ~ oft. he North ½ of the North !4 of the SE 114 of the lqW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. ' Easement Area granted by Parcel 10 Owner: ~a: East 30 feet of',he North t-Lak' (¼) of the No,th Half(½) of the North Half (¼') of the Southeast (1/4) of the ~Northwest Quarter (1/4) and the West 10 feet of the East 50 foot'of the South 60 bet of the East Half (kl) of the Northeast Quar/~ (1/4) of the lqorth~-st Quart~ (1/4) Section 18, To~ship 49 South, Range 26 East, Collier Count3', Florida, containing 6,751 square feet more or less. Easement .~rea gra.n~ed by Parcel 11 Owner: The East 30 feet of the east half (~) of the east half (~A) of the northeast quarter (¼) of the northwest quarter (~,4) of Section 18, Township 49 South, Range 2'6 East, Collier County, Florida; less the south 60 feet per Official Records Book 1559, Page 14 and l~s the north 150' for the Pine Ridge Road right-of-way, 'and le~s that portion of the east 40 feet as described in that certain Order of TaKing per Official Record Book 2660 at pages 3375 through 3383, con*~inlng 18,413 square fe~, more or'ess.' ' ' Easement Area granted by Parcel 1~ Owner: The West 40 feet of the South ½ of the lqW 1/4 of the NE 1/4 of Section 18, Township 49. South, Range 26 East, Collier County, Florida, c~nt~ining 26,41{ s/tu~re fee~ more or .less. · Area granted by parcel 13 Owner by Special Warranty Deed:. .- The West 40 feet of the SW 1/4 of the NE 1/4 of Sec!ion 15, Township 49 South, Range 26 ~ast, Collier County, Florida, 52,816 square feet more or less. ~ Mar 31 2003 16:20 P. O4 P.~RCEL #14 and l~ Easement Area granted by Parcel 14 Owner: · The West 40 feet of the West 50 feet the NW 1/4 of the N-W 1/4 of the SE 1/4 and the NW 1/4 of the'NE 1/4 of the lqW 1/4 of the SE 1/4 of Section 18, Township 49 South, l~ange 26 E~st, Collier County, Florid~, containing 26,405 square feet more'or less. Easement Area grant6d by Par. eel 15 Owner: ... The West 40 feet of the Nort~ ~ of the South ½ of the l~rW 1/4 of~he SE 1/4.of Sect/on 18, Township 49 South, Range 26 Ea.rt, Collicr Count~, Floridi~ containing 13,204 'square feet mom or less. PARCEL #16 Easement Area gran~d by Parcel 16 Owner: The West 30 feet of the South Va of the South ~ of the I~,"W 1/4 df the SE 1/4 of Section 18, To,reship 49 South, Range 26 East, Collier Couaty, Florida, containing 9,903 square feet more or less. . . p.A.RCEL #17 and 18. Easement Area granted by Parcel 17 Owner: Tti"~ West 40 feet of the North ~A of the SW 1/4 of the SE 1/4 of Section .18, Township 49 South, Rang~ 26 East, Collier County, Florida, ¢ont~i~ing 26,408 gquare feet more or less. Easement Area granted by Parcel 18 Owner: The West 40 fe~ off. he South ~A of the SW 1/4 of the SE 1/4 of Section 18, Township 49 South, Raage 26 E~ Collier County, Florida, containing 26,408 square feet more 0r less. ?F.-' -_. --7 ........ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER WITH BETTER ROADS INC. FOR MEDIAN MODIFICATIONS ON DAVIS BOULEVARD IN THE AMOUNT OF $16,740.00 FROM PROJECT 60016. OBJECTIVE: To gain Board of County Commissioners' approval of a change order for median modifications on Davis Boulevard. CONSIDERATIONS: The original contract design was promulgated upon the criteria of strictly reducing the number of median openings and turning movements on Davis Boulevard in order to increase traffic flow and to enhance safety. This change order will provide for additional funds for the installation of Brick Pavers in the median. The pavers are necessary since the median width was too narrow for the maintenance of traditional landscape. Additional flexible delineators will also be installed on Davis Boulevard at the westbound left turn onto Commercial Drive to prevent improper turning movements. The original contract amount for this project was $113,075.55. . .~FISCAL IMPACT: Funds in the amount of $16,740.00 are available in the Road Construction-Gas Tax Fund 313 project 60016, . GROWTH MANAGEMENT IMPACT: None. RECOMMENq)ATION: That the Board of County Commissioners: 1. Approve Change Order #1 with Better Roads, Inc., for the median improvements on Davis Boulevard between Pine Street and Commercial Drive in the total amount of $16,740.00 2. Authorize the Transportation Operations Director to execute the change order. PREPARED ~ REVIEWED BY~ APPROVED BY: Edwa '~ Date 'Transportation Administrator /q~"' ., Date: D a t eF--~/~/(~ I. Kant, P.I~/~p0~ation Operations Director )/ :,v AGEND..A ITEM L\ APR 2 2 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Davis Boulevard Median Improvements PROJECT #: 60016 CONTRACT AMOUNT: ORIGINALS 113,075.55 CURRENTS 113.075.55 CURRENT COMPLETION DATE(S): February 17, 2003 SUMMARY OF PROPOSED CHANGE(S): Installation of brick pavers and tubular delineators. JUSTIFICATION FOR CHANGE(S): The proposed chanqe will enhance safety and improve traffic flow on Davis Boulevard at the subject intersections. PARTIES CONTACTED REGARDING THE CHANGE: Better Roads, Inc., Traffic Operations, and Business Owners on Davis Boulevard. IMPLEMENTATION STEPS (Check each before proceeding with change) ~X Proposed change is consistent with the scope of the existing agreement __ Change is being implemented in a manner consistent with the existing agreement m The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE:~ DISAPPRO Date: ~7/'~ ~'/0''~ Date: COMMENTS:. 1 O/02 AGI~ID~ ITEM No., 1{ ?/'3 APR 2 2 2003 Pg. ~ CHANGE ORDER CHANGE ORDER NO. 1 TO: Better Roacl.f Inc. P.O. Box 9979 Naples, Florida WORK ORDER #: BRC-FT-02-03__ P.O. #: 207386 BCC Date: 9/24/02 Agenda Item: 16(B}13 DATE: February 7, 2003 PROJECT NO.: 60016 PROJECT NAME: DAVIS BOULEVARD MEDIAN IMPROVEMENTS Under our AGREEMENT# 02-3327 dated March 26, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: INSTALL BRICK PAVERS & TUBULAR DELINEATORS (See attached Exhibit "A") FOR THE Additive Sum of: Sixteen thousand seven hundred and forty dollars ($16,740.00) .. Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ 113,075.55 0.00 16,740.00 129,815.55 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ~/'~O /,2003 Ro,~3'~,,,,. OW N ER: CONTRACTOR: .,,:,.,¢.,.: ......... ,,,, .,, BETTER ROADS, INC. .,: ." ". · -"' ~.."' -"'0"' '"; t BOARD OF COUNTY COMMISSIONERS · SEAL ....: ff By: By: ' · ~ '". .."' ,? julioF.x(3'~d~ -- /~J oT~estino, Vice-President // ".,,,,,,/'L O R~O,~,,,'" Se~ ~GENDA ITEk~ Trans[ Uire&[~ 2 2 ~.D03 PucchasJ. ng/C-ene~'aZ Sec'vices Di~ecbo~' :)ortatior'~)C)/e'ration~ FE~-OT-ZOD3 OZ:$§PM FROI,4-~ETTER ROADS INC. QUOTE +IZ3gsgTEgg5 T-BgZ P.O01 F-OS3 BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: DAVIS BOULEVARD MEDIAN IMPROV. LOCATION: DAVIS BLVD ITEM J DESCPJPTION NUMBER 1 2 BRICK PAVERS TUBULAR DELINEATORS PLAN QUANTITY L~ 1.00 L$ 81.00 ,FA 02./07/03 3;00 PM DAVIS BOULEVARD MEDIAN IMPRO CHANGE ORDER PROPOSAL UNIT AMOUNT $13,$00.00 $13.S00.00 $40,00 $3.240,00 $18,740.00 PoSt-lt' Fax NOt. 7571 Os,. Z-/~,/~;' J' ~--'"i,,, c°~""~'~,//~,.-do . ~,-,,,. ~ ~ I ~na e F~ana ~ : Page 1 AGENDA. ITEM No, APR 2 2 2003 pg. 4 EXECUTIVE SUMMARY APPROVE BID #03-3490, "VINEYARDS / PINE RIDGE ROAD MEDIAN IRRIGATION INSTALLATION AND AWARD TO HANNULA IRRIGATION, INC. IN THE AMOUNT OF $68,111.41 OBJECTIVE: To obtain Board approval for the award of Bid g03-3490 for Vineyards / Pine Ridge Road Median Irrigation Installation and award to Hannula Irrigation, Inc. coNSIDERATION: 1. On March 7, 2003 the Purchasing Department sent notices to 52 vendors for the median irrigation installation of Bid #03-3490 of Vineyards ! Pine Ridge Road Median Irrigation Installation. 2. On March 19, 2003, a non-mandatory pre-bid meeting was held. 3. On April 1,2003 at 2:30pm bids were opened. Staff reviewed the unit pricing on the bid tab, and Hannula Irrigation, Inc. submitted the lowest bid. 4. Staff recommends award of this bid to Hannula Irrigation, Inc. as the lowest, most qualified, and responsive bidder. The work is based on an agreement with Collier County and the Vineyards Development where the County will replace the irrigation system damaged through the Pine Ridge 6-1aning project. Staff asks the Board to consider revising the scope of this work to include one additional median between Napa Blvd. and 1-75, which was not identified until after the bid invitation had been issued. The additional cost for installation is $16,935.75. Staff asks for approval of this median if the proposed Collier County Landscape Beautification Master Plan is approved since this median is within the FY04 work plan. .~x. FISCAL IMPACT: The amount of the awarded contract is $51,178.35 plus $16,935.75 for the additional median referenced above for a total contract amount of $68,111.41. Funds are available in MSTD General Fund (111) in FY 03 earmarked for this project. After February 2004, the fiscal impact associated with maintaining landscaping and irrigation is estimated to be $60,000 per year from MSTD General Fund 111 Landscape Operations. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid g03-3490, "Vineyards / Pine Ridge Road Median Irrigation Installation and award to Hannula Irrigation, Inc. for a total contract amount of $68,114.10 and authorize the Chairman to execute the standard contract after review by the County Attomey's~ Pamela J. Lulich, ASLA, Project Manager, Alternative Transportation Modes '~tep D~.~ Date: ~/4~ ~ ~~t~a Director REVIEWED BY: D' I ~' Alte tion Modes / / APPROVED BY: Date: No'~'ma/E. Federl ~IC~, Transportation Administrator Attachment: Bid Tabulati; AGENI;;IA ITEM, .--, APR 2 2 2003 oo_ ~ · ~ _.~.. ~ - ~"-°~ = "--'=~ ~ '~ oo.,~; ~ ~ ~ ~~ o -.~ ~,- ,~,_ ~-' ~' -~ ~ 0 C~.~ - - oo8 oo ...... oo 88 oo oo ~,.. goo go ~= - · o g goo oo oo oo o,.~ '~ oo oo oo ~ o 8 8 o o o o o,o oo oo oo oo'g, gg gg go° ,.,-. go° 0 rn tn rn m "~ rn rn m rn · . 0 ~ 0 ~ ~.~. oo ~8 o~o oo o o 0 881 ~,.. oog goo ob oo , oo oo ~' oo z 0 , O0 O0 O0 O0 ~' O0 APR 2 2 2003 AG~EN D,~ ITEM No, t(.o~ APR 2 2 2O03 Pg. ~ AGENOA ITEM/~-- APR 2 2 2003 ,~E AGEND~ ITEM NO._, \~ gt~) ~L~_,~''''~ APR 2 2 2003 EXECUTIVE SUMMARY RATIFY THE AWARD OF A WORK ORDER TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., FOR ACID FEED PUMP MODIFICATIONS AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70057, IN THE AMOUNT OF $65,374.00. OBJECTIVE: To increase reliability of the North County Regional Water Treatment Plant (NCRWTP) Acid Feed System, minimize acid leaks in the Acid Feed Room area, minimize failures of the acid feed pumps, minimize pump oil intrusion into the water treatment system, and provide a safer environment for the NCRWTP employees. CONSIDERATIONS: Sulfuric acid is used in the water treatment process to keep naturally occurring raw water minerals and chemicals in a dissolved state to prevent fouling of the filtering membranes. Acid feed pumps located in the NCRWTP Acid Feed Room serve this purpose by injecting sulfuric acid into the treatment process in controlled doses. On at least five occasions throughout Year 2002, rubber diaphragms in the NCRWTP acid feed pumps failed. Each time this happens, an interruption in the treatment process occurs, and NCRWTP employees have to valve off the broken pump and switch to another pump. A total of four pumps are available; two are main pumps, and two are redundant pumps. The broken pump has to be disassembled, repaired at a cost of approximately $220 per pump ($130 for parts, and $90 for labor), and then reassembled. Each time a pump fails; pump oil leaks into the water treatment process. This can cause complications in fouling cartridge filters and/or filtering membranes if it occurs too often. The Florida Department of Environmental Protection (FDEP) has to be notified each time this happens. As a result, the FDEP ordered that this condition had to be repaired. As a proactive and preventative measure, NCRWTP staff began replacing the diaphragms on all four pumps every two months until the failing pumps could be analyzed, re-designed and permanently replaced. The cost incurred every two months was approximately $880 ($520 for materials, and $360 for labor). Plant personnel report that an approximate cost of $8800 was incurred by these proactive measures. Engineering firm, Metcalf & Eddy, Inc., (M&E), reviewed the acid feed process and recommended replacing the failing acid feed pumps with another manufacturer that is more durable and proven in this specific treatment process. Replacement of the failing acid pumps had to be fast-tracked in order to restore water treatment reliability for Peak Season 2002-2003. All work had to be completed no later than January 2003 to have full water treatment capability. Based on M&E's recommendation and design, Mitchell & Stark Construction Company (MSCC) was asked to provide a price p.roposal under the County's Fixed Term Annual Underground Agreement ~32-3345, to replace the acid feed pumps in order to minimize pump oil intrusion into the water system and to provide a safer work environment for the employees. MSCC had the most experience with the NCRWTP and the affected system, because they had recently completed a chemical piping replacement project in the same area of the plant. M&E reviewed the price proposal that was received from MSCC in the'amount of $65,374.00. M&E determined MSCC was qualified to perform the work, and that the proposal was fair and reasonable. M&E's recommendation letter dated October 28, 2002 is attached. The modifications included installing four new Prominent acid feed pumps, electrical upgrades, modifying specialty piping, and modifying the existing Lexan glass enclosure of the acid feed pumping system within the Acid Feed Room. Given these considerations, staff issued a work order under the agreement without obtaining additional price quotations from other contractors under the Underground Utilities Agreement, an action that is permissible under the agreement with the approval of the Board. Hence, staff requests that the I A?.~ NOA IT£~ NO., //e ?-- APR 2 2 2003 I Executive Summary -Ratify Award Of Work Order To Mitchell & Stark Page 2 Board waive requirements for competitive quotes and ratify the award of the referenced work order to Mitchell & Stark. The County Attorney's Office has reviewed and approved the Work Order as to form and legal sufficiency. FISCAL IMPACT: Funds in the amount of $65,374.00 are available in project 70057, Water Facilities Rehab. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on the growth management plan. This work is consistent with Project 70057 in the 2002 Water Master Plan, the FY03 Capital Projects Budget, and Fixed Term Annual Underground Contract gO2-3345, approved by the Board February 25, 2003, Item 10(A), September 18, 2002, Item 2, and May 28, 2002, Item 10(R), respectively. RECOMMENDATIONS: That the Board of County Commissions, as ex-officio the Governing Board of the Collier County Water-Sewer District, waive the competitive quote requirement and ratify the award of Work Order WD-33 with Mitchell & Stark Construction Company, Inc., to perform the Acid Feed Pumps Replacement at the North County Regional Water Treatment Plant (NCRWTP), Project 70057, in the amount of $65,374.00. Peter Schalt, PMP, Senior Project Manager Public Utilities Engineering Department William D. Mullin, P.E., Principal Project Manager Publig_,Utilitjes Engineering Department REVIEWED BY: 74"~-/i~).~~,-~--~-- DATE: Roy,. Anderson, P.E., Director Pubflc Utilities Engineering Department REVIEWED BY: -~~v'~'-'"~ ?~_ ,~x"'~//'~? DATE: L] /-~ /C,"~ Stephen Y. Camelf, Director Purchasin~General Services .EViEW ,: =AT : Paul Mattausch, Water Director Water Department f ~ APPROVED BY~ ~'9/~~ DATE: ~ ~a~) ~..peLony, P.E., Adminis~tor c Utilities Division APR 2 2 ?oo WORK ORDER # WD-33 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #0'7.,3:~6';, Dated October 10, 2000 This Work Order is for Underground Utility Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: NCRWTP Acit:l Feed Pumps (Prominent) Upgrades The work is specified in the proposal dated October 23, 2002 from Mitchell & Stark Construction Company, 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 # WD-33 is assigned to Mitchell & Stark Construction Co., Inc. Scope of Work: // Task I: Provide material, labor, equipment and supervision to perform the Acid Feed Pumps Upgrades complete and ready for use at the NCRWTP. Schedule of Work: Substantially complete and ready for beneficial use by Owner no later than 60 days from Notice To Proceed and finally complete no later than 90 days from the Notice To Proceed. 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 $ 65,374.00 Total $ 65,374.00 (Lump Sum) 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. Peter Schalt, PMP, Project Manager Date Pj,ubt~ Ut/Wes Engineering Department P/aul Mattat~sch, Water Director Date Water Department ACCEPTED BY: Date: ATTEST: (Corporate~ By: - '- -- Type Name and Title or two witnesses Mitchell & Stark Construction Co., Inc. Name of Firm By: ~, 4../ Signature Print Name and Title Witness Witness Print Name Print Name FUND: 414 COST CENTER: 2"¢3~.~t~ OBJECT CODE: 763100 Project No. 70057 '~4/21/2000 22:23 ~7 MITCHELL ............. PAGE Bi Mitchell & Stark Construction Com~.any, 6001 Shirley Street, Naples, Florida 34109 Inc. To: Collier County Arm: Mr. Pete SChalt @Fax: 530-5378 From: Mike Wcsthafer Date: 10/23/02 Pages: 1 Ncw'rP Acid Feed Pump Replacement Dear Pete: 1 have reviewed thc documents that you delivered to our of~ce regarding the chemical feed pump replacement at the North Collier Water Treauncnt Plant and offer thc following quotation for that work. The scope of work is: 4. 5. 6. Disconnect and remove thc existing acid feed pumps Purchase and install the new Prominent pumping units Disconnect and remove the existing transformers Disconnect and abandon thc stroke control wiring Reconnect the PVDF piping to the new pumps Witness factory startup of the new pumps We have not included any modifications to the existing acrylic enclosure and do not anticipate that any will be required. We have included modification of the existing rubber boots in the enclosure to fit the new pump. We have not included any programming of the automation system and don't expect that any programming will bc required. We have not included pressure testing of thc new piping, but will repair any visible leaks after pump start'up. We will coordinate removal and replacement of the existing pumps to facilitate plant operations. We anticipate that this work will take approximately four weeks to complete after the pumps axe received. Currently our price includes the pump equipment. All of thc above can be completed for $65,374.00. Please let us know if you want us to proceed with his work. Our price is valid for 30 days. Thanks for the opportunity to provide this quotation. Mike ph. 941-597-2165 fax 941-566-7865 Metcaif & Eddy Octob~ 2S, 2002 Colti~ Count7 Govcrnmeat 3301 East Tamiami Trail Naples, FL 34112 Atto: P~to Schalt RE: North Collier Regio~al Water Treatment Phmt Acid Feed System Re, habili~on Upoo ~-view of thc Octobe. r 23, 2002 proposal f~om ~¢1! & Staxk for th~ ~-ptace~e. at of tho Acid F~d P~mps at th~ rc~r~ced f~ility, thc prici~ apl~a~s to b~ ~r aad r~so~bt¢ for the work proposed. Bas~ o~ this ~ and thc cunv~ condition of thc acid f-ccd sysl~m, we x~.omm~ that Mitchell Stark I~ ~wa~i~i this project. lfth~ am a~y qucsfioas or coac, o~, please don't hcsitate to contact mc at (954) 410-6044. Six~-x¢ly, cc: Stove Mcss~er Rich Uikus F~o NO. ~:~.~.__ APR 2 2 20O3 EXECUTIVE SUMMARY APPROVE CHANGE ORDER 2 TO DOUGLAS N. HIGGINS INC. FOR PORT-AU- PRINCE UTILITY REPLACEMENT, PROJECT 73060 AND 70074, CONTRACT 02- 3367, IN THE AMOUNT OF $3,000. OBJECTIVE: To provide a reliable wastewater collection and water distribution system, drainage improvements and paved shoulder. CONSIDERATIONS: On May 28, 2002, Agenda item 16(C)10, the Board of County Commissioners awarded Bid 02-3367 to Douglas N. Higgins to replace the substandard water distribution and wastewater collection systems within the Pon-au-Prince subdivision. Work under this project includes In-Kind services to satisfy a Consent Order with the Florida Department of Environmental Protection. This work includes abandonment of existing septic tanks and connection to the County Sewer System. Change Order 1 was approved administratively. Work included the addition of electrical conduit due to the relocation of a pump station, 14 rain-flow guards for the sanitary sewer manholes to reduce inflow during heavy rainfalls, security fencing around the pump stations, deletion of the water meters (the meters were provided by the Water Department), removal of Australian Pine trees, and additional time of one day. Change Order 2 provides safety grates inside the pump station wetwells, and includes additional time of 36 days due to permitting delays. This project is funded by the Water, Wastewater, and Transportation Departments. However, this change order only affects the Wastewater Department portion of the funding. The adjustment to the contract amount to account for this additional work is as follows: Original Contract amount $985,620 Sum of previous changes (Add) $1,650 This Change Order (Add) $3,000 New contract amount $990,270 FISCAL IMPACT: Funds in the amount of $3,000 are available in County Wastewater Capital Projects. Source of funds are Wastewater User Fees. Funds for this project are included in the 2003 budget adopted by the Board on September 18, 2002 Agenda Item 2. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. This project is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Item 10(A). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District ratify Change Order 1, and approve and authorize the Public Utilities Administrator to execute Change Order 2 to Douglas N. Higgins, Inc. ~0..~_.~..,~..._~ APR 2 2 2003 PG. _. ! Executive Summary Port au Prince Utility Replacement, Bid 02-3367 Page 2 Alicia Abbott, E.I., Project Manager Public Utilities Engineering DATE: L~ - "1 - C_,'---~ REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering DATE: Stephen Y. Camell, Pdtchasing Director DATE: REVIEWED BY: ,x,-.~, f, ._. -F,,c~4 B. P~(nders~n, P.E., Director Roy Public Utilities Engineering DATE: REVIEWED APPROVED JosephlB. Cheatham, Dsect~astewater Departme BY:~~ ~ trator ~eLo~yTPTE.' Public~Jtilities Adminis DATE: No._ I!. d~. APR 2 2 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Port au Prince Utility Replacement Proiect PROJECT if: 73060&70074 BID/RFP #: 02-3367 MODIFICATION if: 2 NAME OF FIRM: Douqlas N. Hi.q.qins, Inc. CONTRACT AMOUNT: ORIGINAL $985~620 CURRENT: S990~270 CURRENT COMPLETION DATE(S): ORIGINAL: February 26, 2003 SUMMARY OF PROPOSED CHANGE(S): pump station and additional contract time of 36 days. CURRENT: April 4, 2003 Additional safety .qrates at each JUSTIFICATION FOR CHANGE(S): Safety Grates are installed to facilitate inspection of the wet well durinq operation and is an additional safety feature to prevent maintenance personnel/tools from fallin.q into the wet well when the hatch cover is raised. Additional time was required for obtaining permits to connect residents to the new sewer system Many of the sewer clean-outs were not located at the property line..Proof of payment of impact fees for each lot was also required. PARTIES CONTACTED REGARDING THE CHANGE: Craiq Paier Joe Cheatham. Steve Naqy, 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 REC~,O,, M, ME..~.ATION: Date: DISAPPROVE: Date: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 3/04/03 .0._ APR 2 2 2OO3 ~G., _. ~ EXHIBIT E CHANGE ORDER TO: Douglas N. Higgins, Inc. 2887 East Tamiami Trail, Suite 1 Naples, FL 34112 FROM: Collier County Gownanent Project Name: Port au Prince Utility Replacement Construction Agreement.Dated: Change Order No.: 2 Bid No.: 02-3367 Date: January 29, 2003 Change Order Description: Addition of safety grates inside pump station wetwells required for safety of personnel working around wet well access hatch and increased time to complete due to Development Services permitting delays. Original agreement amount ............................................................... $ Sum of previous change orders amount ............................................ $ This Change Order Amount ............................................................... $ Revised Agreement Amount ............................................................... $ 985,620.00 + 1,650.00 3,000.00 990,270.00 Original contract time in calendar days .......... 2 ......................................... 240 days Adjusted number of calendar days due to prewous change orders ................ 1 days This change order adjusted time is ................................................................. 36 day Revised Contract Time in calendar days .................................................... 277 days Original Notice to Proceed date ............................................................ July 1, 2002 Completion date based on original contract time ........................ February 26, 2003 Revised completion date ...................................................................... April 4, 2003 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 this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~&°-~(~~ Alicia Abbott, Project Manager Public Utilities Engineering Department Recommended by: ~ .?--~.~. 'q, x, ~,, ~ \ "~ ' ' ~-:er P E W4-t~ riMfll'O, Inc. ~..rmg~.r~j , ·., Date: q-C'~ -' 0 3 i ' A~A I APR 2 - WS-CA-E-1 Tom Hicks, Douglas N. Higgins, Inc. Date: L~' 'L ' ~9,3 Approved by: //L/2) C'c'~ -,'f--x"'~'~ Date: Roy B. AnderSon, P.E., Director, Public Utilities Engineering Department Approvedby: ~ /~' ~ Joseph B.~heatham, Director, Wastewater Department DATE: Authorized by: James W. DeLony, P.E. Public Utilities Administrator DATE: (For Use by Owner: Fund:414 Cost Center: 263614 Object Code:763100 Project No.:73060 Fund: 414 Cost Center: 273511 Object Code: 763100 Project No.70074, Fund 325 Cost Center: 172910 Object Code: 634980 Fund 313 Cost Center: 163673 Project No.: 60171) AGg~OA IT£t~ ~o. //_, ~_.. -_..,z.. APR 2 2 20O3 n SUI~ A FT. LAUDERDALE, FL 333~ 0"~4) gg6er~ (239) ~74-$~ FAX; (734) ~ FA,~: (239) 774-4266 FAX: {954) 776-7205 via:faa:ed 'only Alicia Abbbtt cio Collier County P. U.E.D. Re: Costing breakdown for installations of Safety Grates to W~ Hatch Openings Port,4 u Prince Utility Replacement Alicia'Per your request to provide a cost breakdown for the htstallations of the Safety Grates to the Wet Well Hatches. The following prices are from the Standard Hourlg Rates .for billing to Collier County per the Annual contract. ,4ll work 'will be performed during "Regular" working hours, please see attached work rates per the Collier Co. RFP~02-3345. The proposal letter for Safety Grates fltted to existing NXW dated 1-16-03 referenced a Lump Sum total of $3,000.OO for complete installations. · ' Safety Grates and accessories for hatch openings Qty. (4) -- $1,400.00 · Sprtndnt/Foreman (8 hfs) -- $400.00 · Operator (8 hrs) = $320.00 · Laborer (3) (8 hrs) ~ $720.00 · Rubber tire backhoe (3.55 hfs) -- $160.00 Please call with any qt~stions or concerns. Total = $3,000. O0 Sincerley, Tom R. Hicks D.N. Higgins, Inc. -Naples, FI cc: Craig Pajer, Wilson Miller attachment APR 2 2 2003 Stand~rd Hourly Rates Labor Superlntendent/Fora~nan Operator Laborer E~uiDmen_t Track backhoes: '2-1/2 c,y, 3 c.y, Three ~ub[c yard Io~-der Rubber tire backhoe Vibratory Roller Tandem Dump Truck Five C.Y. Dump Truck Lowboy Jet-vac Unit Six (6) inch dewatering system Eight (8) inch dewatering system Pickup and Miscellaneous Tools Percentage of mark-up on specialty Equipment and material ...'. Douglas N, Higgins, Inc, Standard Hourly Work Rates RFP # 02-3345 Sund3v/ ~ Overtime Holiday 50,00 $ 60.00 $ 70,00 40.00 $ '50.00 $ 60.00 30.00 $ 40.00 $ 50.00 30.00 170.00 60.00 45.00 50.00 40.00 30.00 100.00 175,00 40.00 50.00 40.00 15% 140.00 180.00 70.00 55.00 60,00 50.00 30.00 125.oo $,2oo.oo 45.00 55.00 $ 40.00 15% $ 140.00 $ 180,00 $ 80.00 $ 65.00 $ 60.00- $ 50.00 $ 30.00 $ 125.00 · $ 200.00 "~ $ 50.00 $ 55.00 $ 40.00 15% -19- APR 2 2 2003 EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING, INC. FOR THE ANNUAL MONITORING OF COUNTY / NAPLES BEACHES, PROJECT 90004, IN THE AMOUNT OF $93,825 OBJECTIVE: To obtain Board of County Commissioners approval of a work order with Coastal Planning & Engineering, Inc. for performing surveys and providing an engineering report in the amount of $93,825. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning & Engineering (CPE) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-wide Annual Monitoring project with a budget of $140,000. This budget was again approved on September 18, 2002 as part of the total County budget. CPE has submitted a proposal in the amount of $93,825 for the annual monitoring of the beaches from the Lee / Collier County line to about one mile south of Gordon Pass. This firm received work orders worth approximately $303,000 during the first year of their contract and has received approximately $384,000 in the current (second) year of their contract. On March 13, 2003, the Coastal Advisory Committee recommended the approval of this work order under the existing budget and the Tourist Development Council made the same recommendation on March 24, 2003. FISCAL IMPACT: The funding for this work order is available from the $140,000 of the project budget. The source of funds is the Tourist Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a work order, under contract # 01-3271 with Coastal Planning & Engineering, Inc., for $93,825, and authorize the Public Utilities Administrator to execute the work order. I APR 2 2 2003 SUBMITTED BY: REVIEWED BY: Rc}n I4o¢e1I, P.E., Coastal Projects Manager )~_~./¢Z)~.~.~..v,.._.... Date: Ro/~ B. Anderson, P.E.~_Public _Utilities Engineering Director REVIEWED BY: ,..¢~.,2~, 9t,,x r-r~. ~(/J... Date: ~st~Phen Y. C*"amell, Purc_hcsi'~gI"(~neral Services Director APPROVED By:<::~-~/~ ~ ~~ Date: mes W. DeLony, P.E., Pub~ Utilities Administrator/'' ' 1 NO. /6 ~_~ ~.~ APR 2 2 2003 COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 · (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-mail: mail@coastalplanning.net February 28, 2003 Ronald Ho'veil, P.E. Coastal Projects - Public Utilities Engineering Dept. Collier County Govenunent Center 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Subject: Scope of Services and Fee Proposal 7-Year Monitoring Survey and Report Dear Ron: The enclosed scope of services is for the annual monitoring survey and report. The survey area extends from the north county line to one mile south of Gordon Pass. We propose conducting the survey in June 2003 which is the most common month for these surveys in the past. This year's survey is larger than last year's survey by 36 profile lines. The totaI fee for this work is $93,825. If you have any questions, please call me. Sincerely, COASTAL PLANNING & ENGINEERING, INC. l::\CPE\_Proposals\Collicr%2003 Proposals\7-Year Monitoring Survey cvr. ltr. doc Enclosure cc: Tom Campbell Earl Soeder Susan Beumel APR 2 2 2003 COLLIER COUNTY BEACH RESTORATION PROJECT 7th A.IN~UAL MONIORING REPORT AND SURVEY (FY 2003) FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT SCOPE OF SERVICES Introduction: This is a scope of work for coastal en~neering and survey services required to monitor the beach seven years after construction of the Vanderbilt, Park Shore and Naples Beaches Segments. The monitoring area extends from the north county line to one mile south of Gordon Pass, and consists of 110 profile lines. The state permit for the project requires project monitoring. Monitoring provides information on the project performance necessary to predict the timing of renourishment, measure the performance, and provide technical information for future engineering. The services include onshore and hydrographic profile surveys and preparation of a monitoring report. 1. Beach Profile Survey $79,945 CPE will survey 94 primary beach profiles and 16 intermediate/supplemental beach profiles between Department of Environmental Protection's DNR reference monument R-1 through reference monument R-94, which extends from the north county line to one mile south of Gordon Pass. These profiles will be measured along the same azimuth previously surveyed and commence at a point landward of the 1996 beach fill and extend seaward to a depth of-16.0 feet NGVD, or a minimum of 2000 feet seaward of the mean high water, whichever is the ~eater distance. Prior to the start of the survey, a reconnaissance will be made to confirm that the control points are still in place and undisturbed. R~TK (Real Time Kinematics) GPS will be used for placement of new control points as well as confirming some control points from previous surveys. These monuments will be constructed out of a durable recycled material 36 inches long with a 5/8 iron rod inside with a stamped brass disk attached. Using a site calibration method, control points will be set with a closure tolerance required for 3rd order accuracy. The onshore or beach profile portion of the survey will commence at the monument, top of seawall, or landward limit of the 1996 fill (which ever is seaward) and extend seaward to a point overlapping the offshore component of the survey at a depth of between -3 and-6 ft NGVD. A survey truck is the desired support vehicle, although an ATV with tire pressures less than 10 psi can be used to support dry beach survey activities. Data will be collected with standard differential leveling techniques using automatic level, twenty-five (25) foot fiberglass survey rod, and laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks or inflection points. Sufficient data will be collected along each profile to adequately define significant features such as the vegetation line, dune crest, seawalls, swales and erosion scarps. Each profile will begin at the designated monument and nm via a closed level loop with closure tolerances not exceeding .05 feet. The seaward limit of each onshore line will be overlapped with the landward limit of the hydrographic survey by a minimum of fifty feet. COASTAL PLANNING & ENGINEERING, INC. APR 2 2 20O3 Scope of Services Collier County 7th Year Monitoring Survey and Report Page 2 During the hydrographic survey, depths will be collected at approximately twenty foot intervals with final processed data reflecting a maximum interval of fifty feet. The hydrographic survey will be conducted using a survey launch (boat) with centrally mounted transducer. The positioning of the survey vessel is on a predetermined grid azimuth using a Trimble real-time Differential Global Positioning System (DGPS) with differential corrections provided via Coast Guard Beacon (Tampa). Vessel navigation will be controlled by the Coastal Oceanographics "HYPACK" system. Horizontal positioning checks will be conducted at the beginning and end of each day using fixed objects or kno~vn control points to verified position. Soundings will be collected using an Innerspace model 448 with digitizer Fathometer. The fathometer ,,vill be calibrated prior to the start of the survey following manufacturer recommended procedures, including a bar check at the start and end of the each day. Bar checks will be performed from a depth of four (4) feet to a maximum depth of sixteen (16) feet. Analog data showing the results of the bar check calibration will be displayed on the Fathometer charts at five (4) foot increments during descent and ascent of the bar. Supplemental calibrations will be made by use of a velocity meter. Tide levels and corrections will be made from observations of a stilling well attached to a survey rod at various locations along project site. Horizontal position accuracy will be verified using published control points. Intermediate Lines and Pile Cluster Evaluation Surveys supplement the primary FDEP survey lines. These surveys will extend offshore to a depth of- 16 feet NGVD or 2,000 feet, whichever is greater. a. Park Shore has. eight intermediate profile locations that will be surveyed and evaluated along with the primary FDEP profiles located between R49 and Doctors Pass. The extra profiles are used to evaluate the impact of the Doctors Pass north jetty extension and the performance of the unfilled beach segments. b. Pile Cluster Evaluation: Eight (8) additional profiles will be surveyed to support monitoring of the Pile Cluster Groin on Naples Beach. These lines will be taken at 200-foot intervals from the pile cluster. 2. Monitoring Report Preparation $13,880 An engineering report will be prepared containing annual monitoring results compared to the previous year (July 2002) and post-construction conditions. The changes in shoreline width, beach sand volume, and other pertinent beach characteristics will be described and illustrated in tables and fi=om:es. The engineer will attend a CAC meeting if requested to present the results from the annual monitoring report. COASTAL PLANNING & ENGINEERING, INC. ~G~NOA IT£~ ,o. APR 2 2 2003 Scope of Services Collier County 7th Year Monitoring Survey and Report Page 3 The monitoring report will use the preliminary design standards developed last year as a basis for measuring the project performance and identifying erosionhot spots. The performance standards are the added and total beach width standards described in the 6-year monitoring report. All survey data and new survey control information shall be submitted in ASCII format. The digital data shall be formatted according to the FDEP specifications. Fifteen copies of the report will be prepared for the County and FDEP needs. F:\CPE\_Proposals\Collicr~003 Proposals\T-Year Monitoring Scope.doc COASTAL PLANNING & ENGINEERING, INC. FEE PROPOSAL FOR COASTAL ENGINEERING SERVICES COLLIER COUNTY BEACH RESTORATION PROJECT 7TH ANNUAL MONITORING SURVEY & REPORT FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT 28-Feb-03 ~G£1~OA IT£~_ COASTAL PLANNING & ENGINEERING, I1~ :. N0. ~ ~ R 2 2 2003 ' ' AG~t4~A IT£~ APR 2 2 7TH ANNUAL MONITORING SURVEY & REPORT COLLIER COUNTY BEACH RESTORATION PROJECT FIXED TERM PROFESSIONAL ENGINEE~G SERVICES FOR COASTAL ZONrE MANAGEMENT EQUIPMENT LIST AND COST BREAKDOWN EQUIPMENT UNITS RATE (PER UNIT) COST Survey Boat 6 $525/Day $3,150 Sea Sled 0 $300/Day $0 Fathometer 6 $150/D ay $900 Differential GPS 6 $400/Day $2,400 Navigation System 6 $25 O/Day $1,500 RTK 3 $475/Day $1,425 Truck-Travel 900 $.50/Mile $450 Truck-Beach 9 $100/Day $900 ATV 4 $75/Day $300 Total Station 7 $125/Day $875 Level 11 $55/Day $605 !Survey Disks (approx.) 16 $15 (each) $240 Carsonite (approx.) 16 $15 (each) $240 Total Cost: $12,985 APR 2 2 2003 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS FOR THE RE-APPROPRIATION OF FUNDS WITHIN THE WATER AND WASTEWATER IMPACT AND USER FEE PROJECTS OBJECTIVE: To obtain approval of budget amendments for the redistribution of funds within various projects funded with water and wastewater impact and user Fees. CONSIDERATIONS: As part of preparing the FY 2003 budget, the Public Utilities Department created five new project numbers for multi-year carryover projects to be carried out in 2003 having the same titles as five corresponding 2002 project numbers. These projects include pump station upgrades and master plan updates. However, during the budget process, the funds were placed in the "old" project numbers rather than the "new" project numbers. The Board of County Commissioners approved the FY 2003 Capital Budget for Water and Wastewater Impact and User Fee Funds on September 18, 2002, agenda item 2. In order to properly categorize costs, effectively manage the projects and to allow for visibility of each year's efforts, a budget amendment has been prepared to realign the funding. No new funds are needed, and all fund transfers will stay within their respective Funds (411,412, 413 and 414). The "new" projects reflect the Water and Wastewater Master Plans as adopted by the Board on February 25, 2003, agenda item 10.A. Fund CurrentProjectNumber New 2003 Project Number Amount 411 70070 700961 $ 60,000 412 70128 702021 $ 4,000 413 73945 731661 $ 200,000 413 73066 731671 $ 60,000 414 73050 730821 $1,510,000 FISCAL IMPACT: Budget amendments are needed to move expenses budget out of the "old" project numbers and into the new project numbers. The source of funding will not change for each project. There is no fiscal impact related to this action and no expenses have been incurred in these projects. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact related to this action. RECOMMENDATION: That the Board of County Commissioners approve Budget Amendments for the redistribution of funds within various projects. AGENDA ITE~, I( c_ cl. APR 2 2 2003 Pg._ / SUBMITTED BY: REVIEWED BY: Paul Kwa, P.E., Project Manager Ron Hovell, P.E., Sl~ecial Projects Manager Roy/B~Anderson, P~.,j~ublic Utilities Engineering D~ APPROVED BY: ~:~)~ ~ Date: q~~ ,~es W. DeLony,/~., Public Utilities Administrator AO_,~F~)A ' IT£~ APR 2 2 2003 PG, ~ EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WATER RESOURCE SOLUTIONS RELATED TO AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, RFP 99-2926, PROJECT 74030, IN THE AMOUNT OF $550,222. OBJECTIVE: To provide additional engineering services related to drilling the reclaimed water Aquifer Storage and Recovery (ASR) well for this project. CONSIDERATIONS: Services to be provided are consistent with RFP 99-2926 and our professional services agreement with Water Resource Solutions, which was approved by the Board of County Commissioners on August 3, 1999, Agenda item 16(B)(23). The services under this agreement were divided into phases. The first two phases are now complete. The completed work includes a conceptual design report, test drilling, testing report, preliminary design, and permitting. This work was performed to determine the final design parameters for an ASR well. Subsequent to commencement of the work, the Board approved two amendments to the agreement. Amendment 1 for additional funds to extend the depth of the exploratory bore at the North County Water Reclamation Facility was approved on December 14, 1999, agenda item 16(B)13. The Board approved Amendment 2 to the agreement for additional engineering services related to relocation of the project site in February 2001. This amendment was concurrent with approval on February 27, 2001 of an agreement between the City of Naples and Collier County, in which the proposed location of the ASR well was changed from the North County Water Reclamation Facility to the Pelican Bay Wellfield. The exploratory well was completed in May 2002. Preliminary findings show that this site is favorable for implementing ASR, and a suitable ASR storage zone was identified. The Florida Department of Environmental Protection (FDEP) permit application for the ASR well was submitted to the City of Naples on September 5, 2002, and then to the FDEP on October 11, 2002. A response to the FDEP's request for additional information was sent with a letter dated January 14, 2003. A summary of total fees approved and proposed for this phase of the project are as follows: Fees Scope of Services Original Agreement $361,077 Design, Test Drilling, Permitting Amendment 1 69,052 Additional Test Drilling and Casing Amendment 2 242,427 Relocate Test Drilling to New Site Amendment 3 $550,222 Design, Engineering Services during (Proposed) Construction, Testing, and Operational Permitting of an ASR well. Total $1,222,778 AGENDA IT£1,~ ~ I .o. APR 2 22003 I PG. / I Executive Summary Approve Amendment Page 2 Staff has negotiated the proposed scope and compensation as provided in the attached amendment to Professional Services Agreement. After negotiations, the compensation was reduced from $645,219 to $550,222. This change included increasing the county responsibility for operating the new ASR system, with associated lab work, during the cyclical testing and performance evaluation stage of the project. An independent review of the proposal by a consulting engineer (letter attached) confirmed that the time, fees, and expenses are reasonable. A work order was issued for this review under the Professional Utility Engineering Services Agreement, approved by the Board on April 10, 2001, Agenda item 16(C)9. The scope of work includes final design of an ASR well and ancillary system, services during bidding, detailed observation during construction, construction administration, permitting, zoning and land planning, operational permitting and testing. On completion of successful operational testing of this ASR well, the next phase to install four additional ASR wells will be implemented. FISCAL IMPACT: Funds in the amount of $550,222 are available in County Wastewater Capital Projects. Source of funds are Wastewater User Fees. Funds for this project are included in the 2003 budget adopted by the Board on September 18, 2002, Agenda item 2. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management needs in the north wastewater service area, and is consistent with the 2002 Wastewater Master Plan adopted by the Board on February 25, 2003, Item 10(A). RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District approve and authorize chairman to execute the amendment to the Professional Services Agreement with Water Resource Solutions, Project 74030. SUBMITTEDBY: ~0.~ ~.Q~~-. DATE: Alicia Abbott, E.I., Project Manager Public Utilities Engineering REVIEWED BY: [ J~ ~_~A_LL 2 _ William D. Mul~lin, P.E., Principal Project Manager Public Utilities Engineering DATE: AGirNDA NO. APR 2 2 2003 Executive Summary Approve Amendment Page 3 Stephen Y. fiamell,~drchasing l~rector ~ Roy B. Anders~)r~, ~.E' I~irector, Public Utilities Engineering ~vI~w~: ~~~ e~ Joseph B. Cheath¢~ Director, Waster Depa~ment APPRO~D BY~~[~ James ~Lo~, P.E. Public Utilitie~Administrator DATE: DATE: DATE: APR 2 2 2003 MALCOLM PIRNIE, INC. INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS & CONSULTANTS April 3, 2003 Ms. Alicia Abbott, E.I., Project Manager Collier County, Public Utilities Engineering Depmhnent 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Re: Reclaimed Water ASR Contract, Water Resource Solutions, Inc. Dear Ms. Abbott: Per your request, Malcolm Pirnie reviewed the documents you provided concerning the proposed, referenced contract. Specifically reviewed were items A.4 through A. 11 as listed on Schedule B - Attachment A, Amendment No. 3, Schedule of Fees for Basic Services. The purpose of this review was to evaluate the negotiated fees for professional services and provide an opinion of the value of the proposed fees compared to the scope of work. It should be noted that Malcolm Pimie did not review or evaluate the professional qualifications of Water Resource Solutions, Inc., or any of the sub-consultants named in the work order and, therefore, makes no recommendation with regard to qualifications or competency to provide the professional services. This project represents technology that will be scrutinized by regulatory agencies and other municipal utilities in the County. Due to the nature of the project and the permitting process, the design will, most likely, be reviewed and evaluated by other agencies in the State and Region that may not even have a stake in Collier County. To be successful, this level of attention will require the highest standards of professional service. The time, fees and expenses for Water Resources Solutions, Inc. and their sub-consultants shox~a on the schedule and reflected on the "final" spreadsheet, appear to be reasonable on the basis of the nature of the project and the scope of work. The ten percent "mark up" on sub-consultant fees is common in the industry. I hope this limited review was helpful. Please let me know ifI can be of further assistance. Sincerely, Malcolm Pirnie, Inc. Robert H. French, P.E. Associate '1533 HENDRY STREET SUITE 201 FT MYERS. FL 33901 941-332-1300 fax 941-332-1789 FIECYCLEO P~PER RECLAIMED WATER AQUIFER STORAGE AND RECOVERY THIRD AMEND1V[ENT TO PROFESSIONAL SERVICES AGREEMt~NT This Third Amendment to the Agreement dated August 3, 1999 (hereinafter "AGRlqEMY_2qT") is made and entered into the day of , 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District ("OWNER") and Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 428 Pine Island Road, S.W, Cape Coral, Florida 33991 ("CONSULTANT"). WIrNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Reclaimed Water Aquifer Storage and Recovery (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties a~ee as follows: ' ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER a~ees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGRF~RMENT with the modifications to Attachment C to said AGREEMF. NT which are attached hereto and made a part hereof. 3.1 ARTICLE THREE The schedule for said Project, shall be as shown in said AGREEMENT Schedule C. ARTICI-E FOUR 4.1 All articles of said AGRF]q. IviENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering serVices for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: Dwight E. Brock By: Date' BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT. Approved as to form and legal sufficiency: By: '~ [/x,'X. ~ ~/A~ ' -~. Thomas C. Palmer, Assistant County Attorney Witness /7~/~' ,S:_,-~ .~..~-~-- Print name of Witness ~ness ~ ~ Phnt Nme of Wimess P.U.E.D NAR 1 0 2003 03946CGG.A2403.wpd -2- By: Tom Henning, Chairman President (COR.POI~_TE SEAL) APR 2 2 20O3 PG._. '~_ SLTPPLEMENT TO S CHEDUT.F. A SCOPE OF SERVICES The attached document serves as a supplement and clarification of Schedule A, Scope of Services as provided in thc Professional Services Agreement dated August 3, 1999 and Amendment No. 1 dated December 14, 1999 and Amendment No. 2 dated May 10, 2001. The itemized work and cost modifications are shown in schedule B -Attachment A and Attachment C, Amendment 3. ENGINEERING SERVICES FOR RECLAIMED WATER AQUIFER STORAGE AND RECOVERY Third Amendment to Professional Services Agreement A.1. Description of Project Summary In August of 1999 Collier County entered into a written agreement with Water Resource Solutions Inc. (hereinafter referred to as the "CONSULTANT"), for Engineering Services related to Aquifer Storage and Recovery (ASR). Pursuant to the Agreement, Collier County (hereinafter referred to as the "OWNER") began an investigation to develop an ASR system to store reclaimed water from the North County Water Reclamation Facility. The initial phase of the project involved preliminary investigations, preliminary design, drilling, and testing to select a suitable site for implementation of a pilot ASR project. The initial phase of work was completed and a permit issued by the Florida Department of Environmental Protection (FDEP) has been applied for to develop a pilot ASR project at the site of the Pelican Bay Wellfield. for The OWNER desires to contract for engineering services to provide complete planning, . permitting, design, bidding, construction management, engineering, inspection and testing services during construction. The services also include oversight of construction and 04168PGG.I1701 .doc APR 2 2 2003 testing of the ASR well, monitor well, and oversight for long term testing of the pilot ASR system including monitoring and reporting. Details pursuant to this Amendment Three: The CONSULTANT shall provide Professional Engineering Services to design and oversee construction of a pilot ASR well system at the Pelican Bay Wellfield site. These Engineering services will include new pumping, transmission, and treatment facilities for processing the reclaimed water to meet the permitting standards for ASR using reclaimed water: Such work pursuant to this Amendment THREE shall include the following: o Provide/develop all data and designs necessary to permit the construction and operation of the ASR system. Provide engineering services for piping to convey the reclaimed water to the pretreatment treatmentand ASR well system. Provide engineering services for the pretreatm.ent processes and mechanical equipment including design and construction management Provide engineering services for the electrical, telemetry, control, and instrumentation including design and construction management Provide engineering services for System design and construction to return the recovered water to the reclaimed water distribution system. Provide engineering services for well design and construction including materials, drilling details, casing depths, diameters, and other parameters necessary to assure satisfactory performance of the ASR well and the monitor well. Provide engineering services for the ASR well head pipe, fittings, valves, flow meters, and appurtenances for the ASR well and monitor well. 04168PGG.I1701 .doc Provide certifications, startup training, and Operation and Maintenance manuals. AGEFtI~A IT£H .0. APR 2 2 2003 Provide operational testing and troubleshooting and provide oversight and monitoring and regulatory submittals for approximately one year of operation. This period will involve two cycles of storage and recovery consisting of 1) one short ASR cycle of approximatelY 12 to 20 million gallons, and 2) one full ASR cycle of approximately 80 to 100 million gallons. 10. Provide engineering services to prepare for and coordinate the application of an operation for an operating permit after approximately one year of operation. 11. Based on the data obtained prepare a conceptual design for expansion of the facilities to optimally utilize the site for ASR. A.4 - Final Design: A4.1 Survey of Site. The CONSULTANT shall prepare a boundary ~.nd topographical survey as required to design improvements and prepare bidding and construction drawings. Prepare a survey defining the jurisdictional lines as identified in item A.4.2. A4.2 Environmental Survey and Jurisdictional Determinations The CONSULTANT shall prepare and provide OWNER with maps and documents to identify the vegetation community on site. WSR shall.flag SFWMD and USACE jurisdictional wetland lines and prepare support documentation for jurisdictional determination. WRS The CONSULTANT shall schedule visits with agency representatives for field verification. The CONSULTANT shall conduct a search for presence or signs of listed plant and animal species and coordinate with FWC and USFWS in preparations of documents. 04168PGG.I1701.doc A4.3 Prepare Conceptual Site Plan Prior to initiating the land planning elements of the work scope, CONSULTANT will prepare a conceptual site plan showing all of the proposed facilities and submit the plan to the OWNER for review and comment. A meeting with the OWNER will be attended by the project team. Design review meeting minutes will be prepared by the CONSULTANT A4.4 Prepare 60 Percent Construction Drawings and Specifications The CONSULTANT shall prepare Drawings and Specifications for permitting, and construction, of new facilities and modifications to existing facilities required to construct the ASR well, and the CONSULTANT shall monitor wells, the pretreatment system, and the pumping and transmission system to convey reclaimed water from existing reclaimed water line to the new ASR well and to return the recovered water to the reclaimed water distribution system, the Consultant's work shall includes the following elements: · Mechanical, Pre-treatment & Process systems including multi-media pressure filters, sodium hypochlorite feed system, carbon dioxide feed system, filter backwash pump station, hydropneumatic tank and ASR injection and recovery pumps. · Electrical, Telemetry, Instrumentation & Control systems. · Approximately 3,500 If. of 16" reclaimed water main and approx. 700 If of 4" sanitary sewer force main · Filter backwash Pond and transmission system to convey backwash and other spent waters to the sanitary sewer force main on the north side of Livingston Road · Site Civil Engineering, including drainage, paving, grading, clearing, etc. · Constructions plans and specifications · Architectural plans and specifications for structures and walls · Landscape plans and specifications 04168PGG.I1701.doc APR 2.2 2003 A4.5 Design Review - 60 Percent The second design review meeting will be held when design documents are approximately 60 percent complete. Five (5) pdnted copies of the 60% Drawings and Technical. Specifications will be submitted to the OWNER by the CONSULTANT at this time. The following information will be submitted to OWNER by the CONSULTANT for review: 1. Mechanical and piping detailed design drawings showing location of all items. 2. Civil/site plans, plumbing, and structural plans sufficiently complete to show location and structural details. 3. Control schematics and electrical equipment layout drawings. 4. Equipment specifications. 5. Detailed design of the ASR well head, monitor~veil head and equipment 6. Cost opinion for all project elements. Design review meeting minutes will be prepared. A4.6 Final Design Review The third design review meeting will be held when contract documents are approximately 90 percent complete. Five (5) printed copies of the 90% Drawings and Technical Specifications shall be submitted by the CONSULTANT at this time. The following documents will be reviewed: 7. Complete set of Contract Drawings. 04168PGG.I1701.doc APR 2 2 ;?003 8. The final version of the Project Manual showing all specifications. 9. Cost opinion for all project elements. A4.7 Final Design Documents The CONSULTANT will furnish to OWNER drawings, specifications, project criteda and design data, and written descriptions for OWNER'S use in filing applications for permits with or obtaining approvals of governmental authorities having jurisdiction to review, approve, or review and approve the design and assist in connection therewith.] Where required, application forms, drawings, specifications, and supporting documents will be signed, dated, and sealed by a Flodda ilcensed Professional. The CONSULTANT shall provide the OWNER with a Bid Package for all of the construction. Six (6) printed copies of the Final Drawings and Technical Specifications shall be submitted by the CONSULTANT to the OWNER. A.5 Construction Bid/Award Process WRS will assist OWNER in the bidding and award of the construction contract. OWNER may elect to use the negotiation process for contracting with the drilling company to construct the wells. In this case, a bid process may be used for the surface facilities and site work including pumping stations, pipeline, electrical and instrumentation. A5.1 Prebid Conference The CONSULTANT will conduct a prebid conference at the Owner's facilities in Collier County. Questions will be logged and appropriate responses will be provided. Addenda, as necessary, will be distributed. APR 2 2 Z003 ~. /,,~ A5.2 Bid Evaluation The CONSULTANT will provide the following services with regard to the bid process: 1. Consult with and advise the OWNER as to the acceptability of subcontractors, suppliers and other individuals and entities proposed by the bidders. 0 Consult with and advise the OWNER in determine the acceptability of substitute materials and equipment proposed by bidders, when substitution prior to award of the Construction Contract is allowed by the Bidding Documents. 3. Attend the bid opening and prepare bid tabulation sheets and for evaluating bids or proposals and assist in awarding the Construction Contract. A.6 Construction Administration The CONSULTANT will provide comprehensive management of the construction of the ASR well and all associated site work and facilities. The CONSULTANT project manager will have Overall responsibility to Coordinate the construction operations. He will assure that the appropriate team members 'are providing-the necessary review of contractor performance and adherence to the schedule and that all quality control procedures are followed. All submittals will be promptly reviewed to assure compliance with specifications. A pre-construction meeting will be conducted pdor to the onset of construction. A~.I Applications for Payment Based on the Consultant's on-site observations as experienced and qualified professionals and on review of applications for payment and the accompanying supporting. documentation a determination of the amounts owed to Contractor will be made in writing. 04168PGG.11701 .doc N0. /~ ~ ~_ APR 2 2 2003 A6.2 Advise Owner Consult with the OWNER and contractors as necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meetings with the OWNER and contractor. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents that may come to the Consultants attention; determine the acceptability of work and materials and make recommendation to the OWNER to reject items not meeting the requirements of the Contract Documents. Recommend to the OWNER in writing-that'the work, or designated portions thereof, be stopped if, in the CONSULTANT'S judgment, such action is necessary to allow proper inspection, avoid damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations tl~erefrom. Notify the OWNER of any such requested deviations or substitutions and when reasonably necessary provide the OWNER with a recommendation concerning same. Prepare work change orders as directed by the OWNER. A6.3 Record Documents and Completion RePort Record Drawings will be prepared for new facilities and for the modifications to existing facilities required to convey reclaimed water from existing pipeline to a new ASR well and associated facilities including the facilities required to return the water to the reclaimed water system distribution. The FDEP permit will require a Construction Completion Report for the ASR well and monitor wells that includes all information data and information developed during the 04168PGG,I1701 .doc ] 0 APR 2 2 2003 construction and testing of the wells. The CONSULTANT will prepare the report, which will include a description of all work done and copies of all testing results and analyses, geophysical logs and video surveys. It will also note any changes that may have occurred dudng construction of any facilities. The completion report will also include a detailed description of the ddlling program and the ddlling records. The document will comply with the conditions of the FDEP permit. The CONSULTANT will then supply five copies of the report and supporting records to the OWNER for review and following review, will submit the required number of documents to the FDEP. Additional drilling and testing will be conducted dudng codng operations by the Florida Geological Survey. The CONSULTANT will conduct evaluations and provide a report of the results from the coring ope'rationsl A6.4 Start-up Assistance & Operator Training The CONSULTANT Team will conduct a training session to explain the operation and maintenance of the facilities. We will work with the plant operator to address optional programs for using the ASR well and the monitoring system. A6.5 Operation and Maintenance Manual An Operation and Maintenance Manual will be prepared for the ASR well and monitor well system. The maintenance data provided by the manufacturer of each piece of equipment will also be incorporated in the Operations and Maintenance Manual. Four (4) copies of the Operation and Maintenance Manual will be submitted A.7 Detailed Observation of Construction 04168PGG.I1701.doc ]! APR 2 2 2003 r,G. /~-~ .... A7.1 Field Services During Drilling and Construction Construction services will begin with the Owner's issuance of notice to proceed to the contractor(s). The CONSULTANT team will make site visits as necessary to observe operations and construction of the facilities. Special inspections for certification will be provided for the following events: · Pipeline pressure testing · Equipment performance testing · Hydraulic testing of tanks During the period of drilling, the CONSULTANT will have a qualified hydrogeologist on site to observe the drilling and testing operations processes. We will coordinate tests and maintain communications with the appropriate regulatory personnel to assure compliance with permit criteria. The project director and senior staff geologist will closely monitor field activities and will be present for all important tests and for those issues that require field decisions. Final pressure tests and mechanical integrity demonstrations will be scheduled with the FDEP. Field services cost breakdown assumes that the drilling of the injection well and monitor well are completed within 3 months of the time that construction commences. The CONSULTANT will coordinate and oversee and record the drilling and coring operations conducted by the Florida Geological Survey. A.7.2 Construction Progress Meetings and Reports For drilling of the ASR and monitor wells, weekly meetings will be held at the construction site to review the work and progress on the drilling of the wells. The Owner's staff is invited to attend all meetings. Daily reports will be prepared describing the work accomplished and itemizing quantities. Weekly summary reports will be prepared addressing all work done. The reports are transmitted to the appropriate TAC and team members. The CONSULTANT will prepare a monthly report fOr submittal to the OWNER regarding the status of the project. The CONSULTANT will provide 3 x 5 color photographs of important aspects of the project and provide them to the OWNER along with the 04168PGG.I1701 .doc !'~. AC,[ APR 2 2 2003 appropriate notations. For construction of the pipeline, treatment system, and associated facilities and site development features, four construction progress meetings will be held and construction will be inspected over an estimated 150-day pedod. 7.3 Operational Testing Permit A Period of operational testing is needed prior the ASR well being eligible to receive an operating permit. After the final pumping and pressure tests have been conducted and mechanical integrity has been demonstrated, The CONSULTANT will complete all processes and documents to request and obtain an operational testing permit, the CONSULTANT will develop a program to obtain sufficient information during the period of operational testing to meet the needs for issuance of the final operational permit. The period of operational testing typically extends for at least one year. A.9 UIC and Environmental Permitting and Land Planning Issues The FDEP permit application for the ASR well has been submitted as the final work product of the preliminary design Task. The CONSULTANT will respond to questions of the FDEP and attend one public hearing after the "Notice of Intent to Issue" has been advertised. The permit review, information exchange and formal permit issuance process typically requires about six months time. The CONSULTANT will provide services for the following additional environmental and land use permitting elements: 1. Collier County Site Development Permit (SDP) including landscape planning and permitting. 2. Collier County ST Permit/Environmental Impact Statement (ELS) 3. SFWMD - Environmental Resource Permit for Construction Permitting 4. US Army Corps of Engineers - Dredge and Fill Permit 5. FDEP Reclaimed water reuse system permit modifications and waste water tie-in permit 6. Environmental permitting support for mitigation for environmental issues 04168PGG.I1701 .doc Based on review of the water quality data, it will be necessary to apply for an exemption from the secondary drinking water standard for color. The CONSULTANT will prepare an application for an exemption and provide the supporting material for the application. We will respond to agency questions and attend the normal standard meetings for issuance of the exemption. A.10 ASR Cyclical Testing and Performance Evaluations After construction of all facilities, a period of operational testing will commence. This period is expected to last approximately one year dudngwhich the CONSULTANT will oversee and provide services for cyclical testing of'[h'~ Pilot ASR system. An initial short-term cycle of injection of approximately 20 million gallons will be followed by a period of resting for approximately 10 days and then a period of recovery. This testing will be conducted to make final adjustments to the system and to make an initial calibration of the ASR system performance. Throughout this period of testing the CONSULTANT will monitor the pressures of the system and collect the necessary water quality data from the ASR well and monitor wells. The water samples will be analyzed for all of the required parameters and all required reports will be submitted to the FDEP and the OWNER. The OWNER will be responsible for any associated collection and analysis of the water from the reclaimed water system that may be sent from the NCRWF to the ASR system. The OWNER will also provide monitoring of the performance of the operating system at the ASR site and report the results to CONSULTANT according to a test operating plan that will be developed at the completion of Task A.7. The CONSULTANT will troubleshoot the system as necessary and provide regular review of the operational records. All laboratory analyses that are conducted as part of the cyclical testing program, which are needed to address permitting requirements shall be the responsibility of the OWNER. CONSULTANT will conduct additional analyses for parameters of dissolved chloride and conductivity for the purpose of evaluating ASR efficiency. The results of the initial cyclical test will be documented in a report, which will include a computer model that will be used to predict the cyclical performance of the system for the following cycles of injection and recovery. 04168PGG.I1701 .doc 14 A~OA [TEN N0..._~/...~_..~ APl? 2 2 2003 Following the short-term cycle, a full cycle test will be conducted, it is anticipated that the full cycle test will inject about 80 to 100 million gallons of water. It is intended that the water that will be recovered from this cycle will be reintroduced to the reclaimed water system. During the period of injection and recovery the CONSULTANT will provide the required monitoring of the system, download data from recording equipment on a weekly basis and perform quality assurance checks to help assure proper instrument operation. Monitor well sampling will be conducted by purging three casing volumes and collecting samples according the ONSULTANT standard quality assurance program. The pretreatment system will be checked on a weekly basis to help assure that the system is performing properly. The OWNER will be responsible for associated collection and analysis of the water from the.. re_ claimed water system that may be sent from the NCRWF to the ASR system. The CONSULTANT will prepare the required reports to the FDEP and the OWNER regarding the performance of the system. During the operational testing period, it will be required that certain gages and instruments be calibrated on a semi-annual basis. The CONSULTANT will keep track of such requirements, and will advise the OWNER as necessary prior to the need for such calibrations. The calibrations will be performed by others, unless the CONSULTANT is directed to do so. At the completion of the first full cyc!e test, the CONSULTANT will prepare a final report on the performance of the ASR system. This report will include all data and information obtained in the testing program. It will also provide a conceptual design for expansion of the ASR system to fully utilize the designated section of Pelican Bay Wellfield property for ASR. A. 11 Operational Permitting After one year of operational testing or as soon as sufficient operational records have been obtained, the CONSULTANT will prepare an application for an operational permit. The submittal will include tabulation and graphical representation of one year of operating and 041 c=8PGG.I1701 .doc APR 2 2 2003 P6..~_~_ monitoring records, and explanations regarding the data and performance of the system. The CONSULTANT will supply all required information and coordinate the process through issuance of the permit. This work scope does not include negotiations or potential additional meetings or hearings due to objections by outside parties or complications that might develop due to unforeseen issues regarding the performance of the ASR system. A.12 Miscellaneous Services The Consultant will perform other additional services, that are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the OWNER. Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 04168PGG.I1701 .doc 16 AG~NOA %T£M _ APR 2 2 2003 SCHEDULE B - ATTACHMENT A AMENDMENT NO. 3 SCHEDULE OF FEES FOR BASIC SERVICES TASK Original Total wi Status Total Amount Amend- Amend- ments merit 3 A. 2.8 Design Report Lump sum 58,915 93,906 Complete A. 2.11 Testing Lump sum 31,266 38,666 Complete Report A.3 Preliminary Lump sum 21,892 21,892 Complete Design A. 4 Final Design Lump sum 0 $172,479 A. 5 Construction Lump Sum $8,501 Contract Bid and Award 0 A. 6 Construction Lump Sum $106,040 Administration 0 BASIC SERVICES SUBTOTAL: $287,020 ]7 AGEJlIC)A, IT[Il ..... APR 2 2 2.003 SCHEDULE B -ATTACHMENT C AMENDMENT NO. 3 CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES TASK Original Total wi Amendment Amount Amend- AMOUNT ments A.8 Drilling and Testing Time and 301,101 416,929 Expenses A. 9 Permitting Time and 16,955 85,443 Expenses A.7 Detailed Observation of Time and 0 $100,462 Construction Expenses A.9 FDEP and Environmental Time and 0 $55,880 Permitting Zoning and Land Expenses Planning Issues A. 10 ASR Cyclical Testing and Time and 0 $86,488 Performance Evaluations Expenses w/Lab A. 11 Operational Permitting Time and 0 $20,372 Expenses ADDITIONAL SERVICES $263,202 SUBTOTAL: 18 APR 2 2 2083 SCHEDULE B - ATTACHMENT A AMENDMENT NO. 3 SUMMARY OF COSTS Original Total with Total with Contract Amendments l&_~ Amendment 3 A.2.8 Design Report 58,915 93,906 A.2.11 Testing Report 31,266 38,666 A. 3 Preliminary Design 21,892 21,892 ~8 Drilling and Testing 232,049 432,649 A. 9 Permitting 16,955 85,443 .. Amendment 3 A.4 Final Design $172,479 A. 5 Construction Contract Bid I $8,501 and Award A.6 Construction Administration $1 06,040 A. 7 Detailed Observation of $100,462 Construction A. 9 ~-DEP and $55,880 Environmental Permitting Zoning and Land Planning Issues A. 10 ASR Cyclical Testing $86,488 and Performance Evaluations w/Laboratory A. 11 Operational Permitting $20,372 Phase 1 Subtotal $672,556 Phase 2 Subtotal $550,222 ]9 APR 2 2 2003 ~. ,,~..~' SCHEDULE C PROJECT SCHEDULE Item Description Completion Time Tasks A4.1 through A4.4 - 60 Percent Two (2) months fornl Authorization A.4 Construction Drawings and to Proceed. Specifications Site Development Plan and FDEP Three (3) months form Authorization A.9 SFWMD and COE Permit Applications to Proceed. Two months from review by the A.4.6 Submit Final 90 Percent Design OWNER of A4.4 Submit Final Design and Bid Three weeks from receiving A.4.7 Documents comments from OWNER Bid and/or Negotiate Construction Six months from Authorization to A.5 Contracts Proceed. Seven months from Construction A.6 Complete Construction Contract Award Submit Operational Testing Permit Eight months from Contract Award A.7.3 Submit Record Drawings for New A.6 Sixteen months from Authorization Facilities, Well Report, and O&M to Proceed. Manual. Complete ASR Cyclical Testing and Thirty (30) months from A.10 Performance Evaluations Authorization to Proceed A. 11 File Application for Permanent Thirty-two months from Operational Permit Authorization to Proceed. 04168PGG. I1701.doc ~.0 ~)* A~O~ ITEM APR 2 2 2003 SCHEDULE B- ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE (From Contract Documents Dated August 3,1999, page 33) Principal Senior Hydrogeologist II Senior Hydrogeoiogist I Senior Scientist Project Hydrogeoiogist I Project Scientist II Project Scientist ! Hydrogeologist II Hydrogeologist I Senior Technician Technician II CADD Designer Office Manager/Document Preparation' $120/hour $ lO0/hour $ 90/hour $1 lO/hour $ 75/hour $ 85/hour $ 75/hour $ 70/hour $ 65/hour $ 55/hour $ 50/hour $ 50/hour $ 38/hour 04168PGG.I1701,doc 2]. APR 2 2 2003 PG...~=._~ EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR AN ADDITIONAL $9,750 IN CONSULTING FEES TO PUBLIC RESO~C~ MANAGEMENT GROUP (PRMG) FOR A PROJECT FEASIBILITY REPORT FOR REFUNDING UTILITY SYSTEM REVENUE REFUNDED BONDS, SERIES 1994 WITH SERIF~q 2003 BONDS OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of Collier County Water - Sewer District approve a change order for $9,750 in' consulting fees to Public Resources Management Group (PRMG) for a Project Feasibility Report for refunding the Utility System Revenue Refunded Bonds, Series 1994A Taxable and Series 1994B Non-Taxable Bonds with Series 2003A Taxable and Series 2003B Non-Taxable Bonds. CONSIDERATIONS: The County Finance Committee has met with the County Financial Advisor, Bond Counsel and Bond Underwriters and jointly determined that significant savings will accrue to refund the Series 1994A Taxable and Series 1994B Non-Taxable Bonds. The net present value savings is currently estimated to be approximately 6%, generating in excess of $3 million in savings. As part of this refunding, certain disclosures about the system are necessary and Disclosure Counsel has requested that a Project Feasibility Report be completed by an independent consultant. PRMG has recently completed the District User Rate study; and as such, is very familiar with the most current financial data for the District. The principal purpose of this report is to demonstrate that the net revenue of the utility system will be sufficient to pay both operating costs and debt service requirements in accordance with the five-year master plans. In addition, this analysis is a requisite for tax-exempt utility system financings. The scope of work will include data acquisition and review, update of the financial forecast, report presentation and meeting attendance, and preparation of the Disclosure Certificate for the Series 2003 issuance. A copy of the Scope of Services is attached to this Executive Summary. As further background information, the Board of County Commissioners authorized PRMG to conduct a User Rate study for the Collier County Water-Sewer District in their meeting dated September 10, 2002, agenda item 16 G 10. The Rate Study results were adopted by the Board of County Commissioners on February 25, 2003, agenda item 8 B. On September 22, 2002, PRMG quoted $22,500 to provide general consulting services and complete the Water and Wastewater User Rate study. 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, .o. APR 2 2 2003 PG._ I 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 the staff PRMG attended two more meetings than originally anticipated. These factors contributed to a $7,631 increase in the cost of providing the services for the user rate study. Original quote for initial project scope First Change Order Current Change Order $22,500.00 7,631.00 9,750.00 TOTAL $39,881.00 FISCAL IMPACT: Funds in the additional amount of $9,750.00 will be paid to PRMG. The source of funds is the Water - Sewer Operating Fund (408); the costs of this study will be reimbursed through the utiiity Oona refinancing. 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: a) a change order for $9,750 for a Project Feasibility Report for refunding the Utility System Revenue Refunded Bonds, Series 1994A Taxable and Series 1994B Non-Taxable Bonds with Series 2003A Taxable and Series 2003B Non-Taxable Bonds; b) authority for the Public Utilities Administrator to execute the change order with PRMG; c) necessary budget amendment. APR 2 2 2003 Thomas G. Wides Operations Director Public Utilities Division Mike Smykowski Director Office of Management and Budgets DATE: REVIEWED BY: ~ ' Steve C--ar~ell ' ~/ Purchasing Director Administrative Services Division DATE: APR ~ '~ ~ Public Resources Management Group, Inc~ Utility, Rate, Financial and Managenumt Consultants April 7, 2003 Mr. Tom Wides Operatiom Director Collier County - PubLic Utilities Division 3301 E. Tamiami Trail, Suite H3 Naples, FL 34112 Subject: Project Feasibility Report - S~rka 2003 Bonds Dear Tom: Public Resources Manasement Group, Inc. (PRMG) is please to submit this leaer agrecmcnt (the "Agreement") to Collier County (the "County") to provide utility consulting services on behalf of the Wa~-r-Sewer District (the "District"). Based on our'discussions, the primary responsibilities of PRMG will be to prepare a project feasibility report to be included in the preliminary and final Official Statements associated with the issuance of the Utility Revenue Refunding Bonds, Series 2003A and Series 2003B (collectively the "Series 2003 Bonds"). Based on our understanding of the needs of the County, we propose the following: PROJECT TEAM AND BILLING RATES With ~t to the performance of this engagement, Mr. Robert J. Or/will be the project manager and primary contact for the County. Ohher financial analys~ and adminiswative personnel of PRMG may be utilized during the course of the engagement as needed. The following is a suwmary of the current PRMG personnel by tiflc and billing rate tha~ may be used relative to this engagement: Dire~t Labor Project Team Title Hourly Rate [*] Principal $t30.00 Executive Consultant $120.00 Mamgi~ Consultam $110.00 Sulm~is~ Consultant $ 95.00 S=nior ~tant $ 85.00 Rate Consultant $ 75.00 Rate Analyst S 6~.00 Analy~ $ 55.00 Assistant Analyst $ 45.00 AdminL,=tration $ 45.00 ['1 Dit ct tuborhoutyma~s~fff~w~vctbroaihDa:cmb~31.2003. SCOPE OF SER FICES The scope of services to be performed by PRMG with respect to the prelm'afion of the project feasibility report is summarized on Attachment A, which is made a part of this ~ent. 34 ! NORTH MAYI-LAND AVENUE - SUITE 300 - MAI'TL,~NYD. YL 32751 TELEPHONE (407t 628-2600 F/LX (40'1) 628-2610 EMAIL [ 2 2 2003, At~hmelit A COLLIER COUNTY WATER-SEWER DISTRICT SCOPE OF S~RVIC~S The scope of services to be performed by Public Resources Management Group, Inc. (PRMG) on behalf of the Water-Sewer District (the "Disuict") of Collier County (the "County") is summarized below. It is assumed th~ in the development of this scope of services that the preparation of the project feasibility ~port will include essentially an update and a reconfiguration of the water and wastewmer utih'ty ra~e update report and water and wastewat~ impact fee report which were presented to the Board of County Comminsioners during February 2003. This scope of services does not assume the preparation of a comprehensive consulting engineers/project feasibility repo~ typical in the detail for the issuance of new money by the County. Based on om' understanding of the overall, needs of the County relative to the preparation of the preliminary Official Statement and final Official Statement for the County, thc following scope of services has been reco~ized. Data Acquisition and Review - To the extent ~ddkional information is required to update the financial forecast included the Water and Wastewater Utility Rate Update Report dated February 2003 (the "Rate Study"), PRMG will obtain such information which will be compiled by thc County and its financing team members. Of particular importance will be the following: i) debt schedules associated with the refunding of lhe Utility System Revenue Bonds, Series 1994A (the "Series 1994A Taxable Bonds") and the Utility System Revenue Bonds, Series 1994B (the "Series 1994B Non-Taxable Bonds") (collectively the "Series 1994 Bonds"); ii) additional customer billing information by the District; and iii) other financial information which may be required to update the financial projections to the extent such updates would have a material or significant effect on the financial forecast Update the Financial Forecast - PRMO will make the necessary modifications to the financial forecast included in thc rate study Io reco~oni:,e the proposed changes in the level of debt service attributable to the System, other changes in financial operations of the District, and any differences in the number of customers being provided service all as based on information compiled in the tt~ collection activities. Additionally, PRMG will modify all the tables reflected both in the Pale Study and in the Water and Wastewater Impact Fee Update Report dated Febr~ry 2003 (the "Impact Fee Study") which need to be reflected in the project feasibility ~xnt necessary to provide the necessary disclosure in the County's offering document. Report Presentation - PRMG will ~ a project feasibility report which will be based on the findings contained in both tl~ Rale Study and Impact Fee Study recently completed by PRMG on behalf of the County as well as other information necessary to meet the overall disclosure requirements dic~_ h,d by the County for the issuance of the Series 2003 Bonds. It is anticipated that a draft report will be prepared and disseminated among the County and its financi~ team members for review and comment and that a A-I Attachment A final report will be prepared which will be included in tl~ prelimin0xy Official Statement and the final Official Statement to be issued by the County. Preparation of Disclosure Certificate - Az part of the closing aclivities associat~ with the issuance Series 2003 Bonds, PRMG will prepare the mmesm~ disclosure ~cate.s as required. Included, as part of the disclosures to tbe aclivities, will be any additional activities to provide PRMG a level of assurance that th. projections contained in the project feasibility report are still considered as reasonable as of the date of the certificate. Meetings - During the course of this engagement, it has been anticipaled that PRMG will need to attend several meetings with the County and tl~ financing team to prepare the financial feasibility report and provide a level of assurance that the information contained in the preliminary Official Statement and final Official Statement accurately reflect the findings as contained in the PRMO' feasibility report. It is anticipated that due to the time frame identif-w.A by thc f._m~. _c~__te_atn_for the issuance of the Series 2003 Bonds tlmt the meetings will primarily be the attendance of telecommunication discussions. For the purpose of this scope of services~ we have assumed the attendance of two (2) meetings by not more than two (2) personnel of PRMO (i.e., a total of sixteen (16) hours of me~ting time). ADDITIONAL SER VICES During the course of this engagement, PRMG may be requ~O_~eci_ to perform additional services on behalf of the County as it relates to the review of the utility system as reflected in the scope of services. A list of additional services, which have not been comidered in the scope of services described above, which would be considered as additional services include, but are not limited to, the following: 1. Attendance of meetings in addition to what is conterapl~c-,J_ in the scope of services. Preparation of a comprehensive project financing feasibility report over and above what is contemplated in thc scope of services. Modifications to the financial forecast from what was initially presented in the Rate Study, including the performance of revisions to the fimmcial forecast due to delays in the engagement after substantial completion of the project feazibility report. Preparation for and attendance of meetings/prescraations before rating agencies, bond /nsumnce compan/es and other th/rd part/es as way be requ/red to issue the Set/es 2003 Bonds. The performance of an additional bonds test as may be r~luired in support of the ismmnce of the Series 2003 Bonds. A-2 APR 2 2 2003 PGo.,~..~~ ,, Attaelunent A The developmen~ of other rate evaluations and other related services, which may be required to issue the bonds to provide sufficiem r~venues to meet the rate covenant requirements as defined in the Bond Resolution authorizing the issuance of the Series 2003 Bonds. ^-3 APR 2 2 2003 __ PG._~7 _ Mr. Tom Wides Collier County- Public Utilities Division April 7, 2003 Page 2 COMPENS,4 TION AND BILLING Based on the Scope of Services defined herein, we propose to establish a lump sum contract amount for thc engagement of $9,750.00. This contract price will not only include the direct labor costs associated with perf~ this scope of service~ ~ delineated on Attachment A would also include other direct costs s~,ch as travel, delivery charges, reproduction, and other associated expenditures. It is proposed that PRMG will bill monthly for such services based on a percent completion of the engagement. As provided in the scope of services, PRMG has included provisions for additional services to the extent that the County desixes an increase in the level of effort to be provided on behalf of the issuance of the Series 2003 Bonds. The billing for such additional services will either be based on an adjus~nent to the lump sum contract provided herein or based on the direct labor hourly billing rates as included as part of this Agreement, as mutually agreed between the County and PRMG. DELIVERY SCItEDULE It is proposed that the first draft of the project feasibility report will be submitted to the County and its corresponding financing team by April 18, 2003 and a final report will be prepared in accordance with the debt financing schedule as prepared by the financing team. This delivery schedule is based on the assumptions recognized in the development of the scope of services attached herein and the corresponding contract price as delineated above. Public Resources Management Group, Inc. appreciates this opportunity to provide utility consulting services on behalf of the County. We have enclosed two (2) copies of this Agreement for your consideration and execution. If this Agreement is found to be acceptable by the County, please execute both copies and remm one (1) signed copy of the Agreemem to PRMG; the other copy is for the County's files. Again, we appreciate this opportunity to provide utility consulting services on behalf of the County. Executed axgi Effective on the date shown on this Agreement. Very truly yours, Public Resuurees Management Group, Inc. ACCEPTED BY: Collier County Government Robert J. Ori Name President IUO/dlm Title, APR 2 2 2003 PG. ~ ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Project Feasibility Report - Series 2003 Bonds BID/RFP #: N/A MODIFICATION #: N/A NAME OF FIRM: Public Resources Management Inc. CONTRACT AMOUNT: ORIGINAL $ 22,500.50 FIRST AMENDMENT: +$7,631 CURRENT AMENDMENT: +$9,750 RNAL TOTAL: $39,881 CURRENT COMPLETION DATE(S): Anticipated no later than April 30, 2003 ORIGINAL: Not Applicable SUMMARY OF PROPOSED CHANGE(S): The County Finance Committee has met with thc County Financial Advisor, Bond Counsel and Bond Underwriters and jointly determined that significant savings will accrue to refund thc Series 1994A Taxable and Series 1994B Non-Taxable Bonds. Thc net.present value savings of thc refunding is approximated at greater than $3 million and in excess of 6%. JUSTIFICATION FOR CHANGE(S): The Finance Committee and Public Utilities is requesting that the expenditure of $9,750 in consulting fees payable to PRMG for the Project Feasibility Report be approved due to the fact PRMG has recently completed the District User Rate study. As such, PRMG is very familiar with the most current financial data for the District. The scope of work will include data acquisition and review, update of the financial forecast, report presentation and meeting attendance and preparation of the Disclosure Certificate for the Series 2003 issuance. PARTIES CONTACTED REGARDING THE CHANGE: Director, Purchasing; Director, Office of Management and Budgets; Director, Finance Clerk of Courts IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is not included in the existing scope X Change is being implemented in a manner consistent with the existing agreement X Proposed prices, fees and/or costs set forth in the change are reasonable X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDA//TI~N: COMMENTS: h Forms/County Forms/Purchasing Forms/Check List 4/12/03 APR 2 2 2003 I EXECUTIVE SUMMARY AUTHORIZE TERMINATION FOR CONVENIENCE _OF_ SEC_.O_I~_~A~EYR CONCESSION LOCATION AT NAPLES BRANCH LIBRAgY CONTRACT NO. 02-3334 "LIBRARY COFFEE BAR CONCESSION AGREEMENT", WITH PARADISE CONSULTANTS, INC. ~ To obtain Board approval to terminate for convenience of secondary concession location at Naples Branch Library under Contract No. 02-3334 "Library Coffee Bar Concession Agr~,-ement", with Paradise Consultants, Inc.. Considerations:.. On October 1, 2002, the County Attorney's office approved and executed Amendment A-1 to Contract No. 02-3334 "Library Coffee Bar Concession Agreement" originally awarded by the Board of County Commissioners on March 12, 2002, Agenda Item 16.D.3, to Paradise Consultants, Inc. adding a secondary location at the Naples Branch Library. Through mutual agreement between the Library and Contractor, due to revenue losses for the past five months at the Naples Branch Library location, Staff requests termination of this secondary contract location for convenience as provided for in section thirty (30) of the contract. The Contractor's Net Operating Losses statement is attached for your reference. Fiscal Imoact: The fiscal impact resulting from this action, will result in the loss of revenue to the County of-four hundred dollars ($400.00) per month for the remaining twenty-four (24) months of the contract, totaling nine thousand six hundred dollars ($9600.00). Growth Management Impact: There is no anticipated growth management impact resulting from this action. Recommendation: That the Board of County Commissioners approve termination for convenience of the secondary concession location at the Naples Branch Library under Contract No. 02-3334 "Library Coffee Bar Concession Agreemettt"'as provided in the contract. Marilyn D. Norris Library Services Extension Manager Library Director ~ C-a n'ell, Date: Approved Date: Purchasing/General Services Director Johl~rmuck Ill Pub[i]~ Services Administrator Date: Agenda .Ite~ .... APR 2 2 PARADISE CONSULTANTS INC. DBA: THE DAILY GRIND # 2 650 CENTRAL AVE. NAPLES, FL INCOME STATEMENT - NOV 2002 - MAR 2003 GROSS SALES ................................. $10,081.82 PRODUCT COST...$3528.70 PAYROLL COST...$6888.00 RENT COST ............ $1908.00 SALES TAX::.:.::.::'.:.$ 575':25 MISC EXPENSES...$1063.00 TOTAL EXPENSES.$13,962.95 NET OPERATING LOSS ................... ( $ 3881.13 ) AVERAGE MONTHLY LOSS ........... ( $ 776.23 ) DUE TO LOSS THE DAILY GRIND OPERATION LOCATED AT 650 CENTRAL AVE. WILL BE CLOSED AS OF MAR 21, 2003. WE CAN NO LONGER AFFORD TO OPERATE AT A LOSS. HOWEVER WE DO HAVE A SUGGESTION, WE MIGHT BE ABLE TO INSTALL A SMALL VENDING AREA USING THE SAME COUNTER AND FLOOR AREA. PARADISE CONSULTANTS DEANA PUTNAM No. /~ APR 2 2 2003 pg. ~"~ NO. /~.~ APR 2'2 2003 P~_::__.'~ _~_ ~o.~. APR 2 2 2001 APR 2 2 2003 ~. /__,, Age,.cl.~,..% t~. No.!~,~'~ ! APR 2 2 No. /~;.P ./ APR 2 2 2003 .pg. ~> _ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPOINTING OFFICERS TO THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS FOR 2003-2004. OBJECTIVE: That the Colli~ County Board of County Commissioners ("BCC") adopt a re~lution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. ("the Corporation") Board of Directors for 2003 through 2004. CONSIDERATIONS: On March 15, 1988, the BCC adopted Resolution No. 88-52 which set forth a procedure for the Corporation to make recommendations to the BCC for appoinUnents of officers to the Corporation's Board of Directors. In accordance with Resolution 88-52, a nominating committee of the Corporation was appointed and canvassed the membership of the Corporation to determine which persons were willing and able to serve on the Board of Directors for 2003 through 2004. The nominating committee submitted its list of recommended nominees, specifying recommended persons for particular positions, to the Corporation's Board of Directors for approval by majority vote of those present and voting. The following slate was approved by a majority vote: Raymond Holland, President Don Jolly, Vice-President Jennifer Ward, Secretary John Yonkosky, Treasurer Dan Rapacz, Education Jim Mansberger, Security Duane Wheeler, Civic Holly Chemoff, Attorney Mark Creel, Agriculture In accordance with Resolution No. 88-52, the BCC may consider the list of nominees and take action. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: TI~ the Board of County Commissioners approve the attached Resolution appoinling the 2003-04 ~fficers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors as approved by a majority ,,otc of those members present and voting at the March 2003 Board of Directors meeting. /. /~ / /~ . Kathleen McLarty~ ~ , Executive loluiJ l. Dunnuck, III Public Services Division Administrator Date: I~o · ~PA~--bk, APR 0 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 37 39 40 41 42 43 45 47 49 50 51 52 53 5 57 58 59 60 61 62 63 RESOLUTION NO. 2003 A RESOLU'I~ON APPOINTING OFFICERS TO THE CO~J.~R COUNTY AGRICULTURAL FAIR AND F~CPosmoN, [NC. BOARD OF DIRECTORS FOR 2003 THROUGH 2004. WHEREAS, on July 20, 1976 both the Charter and Articles of Inoorporafion of the Collier County Agricultural Fair and Exposition, Inc. ("the Corporation") were ~ed with the Secretary of State; and WHF_.REAS, both the Charier and Articles of Incoqxxation of the Collier County Agricultural Fair and Ex~ osition, Inc. provide that the offices of the Board of Dire~ora, with the exception of the immediaIe Pa.si President, shall be appointed annually by the Collier County Bo~d of County Commissioners ("BCC"); and WI-IER~, the BCC, on March 15, 1988, adopted Resolution No. 88-52 that set forth a procedure for the Corporation to make recommendations to the BCC for appointment~ of officers to the Board of Directors; and WHEREAS, in accordance with Resolution No. 88-52, the nominating committee has submitted its list of recommended nominees to the Board of Directors. .. ' WHEREAS, in accordance with Resolution No. 88-52, the list of recommended nominees to the Board of Directors, as referenced below, was approved by a majority vote of those present and voting at the March 2003 Board of Directors meeting; and WHEREAS, in accordance with Resolution No. 88-52, the BCC may consider the list of nominees and take action. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following individuals are hereby appointed as the 2003- 2004 officers for the Collier County Agricultural Fair and Exposition, Inc. Board of Directors: Raymond Holland President Don Jolly Vice-President Jennifer Ward Secretary John Yonkosky Treasurer Dan Rapacz Education Jim Mansberger Security Duane Wheeler Civic Holly Chernoff Attorney Mark Creel Agriculture PASSED AND DULY ADOPTED by the County Commissioners of Collier County, Florida, this ~ day of ,2003, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLI.mR COUNTY, FLORIDA BY: BY: DWIGHT E. BROCK, Clerk TOM HENNING, Chairman AppnTved as to form and ~ Assislant CotmtT~tiomey APR 0 B 2003 pg. ,'-~--~ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT OF $150,000 FROM GENERAL FUND RESERVES TO PAY FOR EXPENDITURES INCURRED AND ANTICIPATED AS REQUIRED BY THE HEALTH CARE RESPONSIBILITY ACT (HCRA). OBJECTIVE: That the Board of County Commissioners approve a budget amendment of $150,000 to pay for expenditures incurred and anticipated this year for Collier Cohnty residents served under the Health Care Responsibility Act (HCRA). CONSIDERATIONS: The Health Care Responsibility Act (HCRA) is a state law that stipulates counties are responsible for payments associated with individuals who are considered indigent and treated for ir~cdical conditions outside the county of origin. The total liability against each county per the statutes is $4 per capita per fiscal year. Typically, the amount budgeted for these expenses is much less than the per capita maximum liability. For the previous fiscal years this amount has stayed relatively stable. With the recent funding difficulties at the Lee Memorial Hospital Trauma Center, Lee Memorial billing staff are aggressively identifying current payment mechanisms that are available to pay for treatment provided to Collier County residents within that hospital. With this increased scrutiny, Lee Memorial staff have submitted more claims to the Collier County Human Services Department for payment. Last year no claims were paid to Lee Memorial Hospital by the Human Services Department for statuatory requirements outlined by HCRA. However, during the course of the first (5) months of the fiscal year, 22 claims from Lee Memorial have been presented creating the need for additional funds to cover required costs associated with this program. The increase in paid claims require the need for additional funds to cover the costs of this mandated program. FISCAL IMPACT: The Board of County Commissioners set aside $700,000 in the general fund reserves for the Lee Memorial Trauma Center to pay for individuals transported from Collier County to Lee Memorial Hospital for treatment. It is anticipated that this amount will not be spent in FY '03. Therefore, staff is requesting that $150,000 be reallocated from these funds to cover present and anticipated HCRA reimbursements. Currently, the Human Services Department has budgeted $40,000 for FY '03. However, there are a total of $66,760 in claims that have been paid to date, with an additional $30,000 in claims being audited for payment. A budget amendment of $150,000 for FY '03 from the general fund reserve would cover the anticipated expense. GROWTH MANAGEMENT IMPACT:. associated with this Executive Summary. There is no growth management impact No. APR 2 2 2003 RECOMMENDATION.'.. Recommendation that the Board of County Commissioners, approve the attached budget amendment for $150,000 to pay for expenditures incurred and anticipated by statutory requirements established by the Health Care Responsibility Act (HCRA). SUBMITTED BY: APPROVED BY: Duhfiuck, Admimstr-a~r c Services Dat~: Agenda Item No. /~ APR 2 2 2003 EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH TURBOMECCA ENGINE CORPORATION FOR HELICOPTER MAINTENANCE IN THE ESTIMATED AMOUNT OF $386,000 OVER A PERIOD OF THREE (3) YEARS. OBJECTIVE: To provide consistent and safe emergency air transport service. CONSIDERATION: The Board of County Commissioners previously approved funds to enter into this agre'~-ment. The Emergency Medical Services helicopter was purchased new and put into service on August 2000. The proposed "Support By the Hour" maintenance agreement with the vendor provides for routine maintenance and overhauls of both engines. Specifically, the agreement provides: Scheduled engine repair and overhaul - Unscheduled engine-repair or overhaul - Incorporating all Service Bulletins to ensure engine is at latest standard - Consumable parts for scheduled inspections and special tools. - Unit exchange of accessories and modules Line replacement parts Loaner engines, modules and fuel controls Mandatory engine service bulletins incorporation - Annual training is included for two line mechanics - 10-year manual revision service on Maintenance Manuals and Service Bulletins In exchange, the County remits a monthly fee based upon the hours of operation for the helicopter. This is done in order to ensure that the down time of the helicopter is minimized. By paying a monthly fee, it allows the manufacturer to stock parts and provide back-up engines in case there is a problem.with-the helicopter. This ensures that the County Emergency Services Department will have a helicopter in operation as quickly as possible. Turbomeca is the only vendor authorized by the Federal Aviation Administration to repair Arrius 2B1 engines. FISCAL IMPACT: The first time discounted buy-in (payment for hours used) will be approximately $159,000. After the execution date, the County will be billed monthly at a rate of $69.10 / per engine hour. This should not exceed the $205,000 presently budgeted for FY03. The annual increase in the hourly rate in future years will be 3%. GROWTH MANAGEMENT IMPACT.'.. The EMS helicopter is inventoried as unit ~der the Growth Management Plan. RECOMMENDATION: Chairman. To approve the agreement and authorize the signature of the Agenda Ite~, No. APR 2 2 2003 Pg' I _ SUBMrrrED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Anton Burtscher Chief Pilot Jeff l~gd,~Irector' Emergency Medical Services 'Steve~larh¢ll, ~irec~or - Purchasing Department Date: Date: Date: Date: Turbomeca Engine Corporation snecma group September 18, 2002 Anton Burtscher Chief Helicopter Pilot Collier County 2375 Tower Drive Naples, FL 34104 VIA FACSIMILE (941) 643-3236 RE: Sole Source Information Arrius 2B1 ~i~es imtan~t in.m~ C6~,:co~ii~¢~'~s he~icop~.. Other man routine line maintenance for!~ie~h.e~.qil~~ qnd overhaul W~l'k must be performed at a~ authorized~i'.ePa~:$tafion.aP~i~.t~¢ ,FAA. Tufo~eca Engine CorporatiOn"of .G:and!Er~irie, T~xas 'is thc' Ofil~ FAA. aPl~',v..cd repair station in North The intent of me-'goc/c~ andseryjees covered und='..~.,e'i$cOp'e:,0f the SURRO~..'BY the Hour Agreement is to. pwvide n0i on'l,y'.Spm+.~:~-~:.~.oUline maintenance.of, me Amus 2B! engine, h/n-alsot0:provide for the repair ~di°verha~'.6~fthe engine. No other vendors would have the al~fli.'..~ to?offer~c0.vered S~.esmithout the FAA Part 145 Repair I am providing with this facsimile ~:eepy of our FAA Part 145 CerlifiSate issued by me FAA. -,. - If you n~l additional information, pleue dO not~ffat~'to call on me. Best Regard, Customer Sul~port Manager - Western Region TURBOMECA ENGINE CORPORATION 2709 Forum Drive e,[~d ?~..a~ ~ Tezas 75052-702t No. ,//5 APR 2 200:] Tel Fax (972) 606-7592 WW~.tU rb omeca-usa.com UNITED STATES OF AMERICA DEPARTMENT OF' TRANSPORTATION FEDERAL AVIATION AD. MIN}STRATION ~ir ~tFnq~ ~.tifi£att TURBOMBCA ]~tG:]:NE ~T'rON dba tv['r C~;FUR~O LIMITED LIMIT~r~ LIMITED ACCHS~RY (10--13~98) FN~ Fe~t ~ SUla~RSEDF-,S FAA FORM ~)90. U.S. Depal~lent o~ TranWn Fedum! Aviation Administration A0g3. I I I I! I I IIII II I Ratines and Limit~ti,o, ns. Operations II I HQ Control: IlQ Revision: 17J16~98 ooe The Cctti~te Holde~ is authorized the following pwt~ngS end/m-Limitations: Power. Plant A~.essories Turbomeca/Atri Mi~otutbo Limite~ Ratinz~ -SpeCini. i~d.$.ervices Dye Pcne~mt lnspr, ctiotls Print Date: 1273/2001 In ur. cotdan~ wi~ Turbomeca's cutmnt maintmance manuals- In K~lnnee wi~ NAS 410 and ASTM £ 1417. AO03-1 No.: WG1R579K Agend~ l~em~ I I No. /~ ~'1 -- APR ' P9,_ _tf-) _ l U.S. Depamment of Trallr. l~talion Federal Aviation AdmJnls~tion · Operations Specificatiom ~imRed Rafints - S~eeialia=d Sen'ka Ratine SpeciflrJfions In a~xa~an~ with NAV SEA In a~ordan~e wRh ASTM E 1444 In a~ednn~ ~ M~STD- i 595A. Ar~cl !, 1st & 2nd stage tm~inu 1st & 2nd stage nozzks I I I ~,hnitufions 1. lsst~ by the Federal Aviation Admint,~ation_ 2. These Operations Specificatiom nl~a~ave~dite~Jon oft~e Admini_~l~or. zM. ~L,, ,,, __~/~i~...L~z~ 'Principal Maintenance lnspec~ 3. Dat~ Approval is effective: 12/3101 SWI9 Amendment Nmnbe~. Dn~e: ! 2/3/01 Print Date: 12/3/2001 AO03 -2 Tmbomeca Engine Corporation Cert~cate No,: WCIR579K APR .... Arrius 2B Support By the Hour (SBH)® Agreement TURBOMECA ENGINE CORPORATION Support By the Hour (SBH)® AGREEMENT This .Support By the Hour (SBH)® Agreement ("Agreement") is made as of the day of ,2003 by and between Turbomeca Engine Corporation, a Delaware corporation with its p';r~cipal offic~.-s at 2709 Forum Drive, Grand Prairie, Texas 75052 ("TEC"), and Collier County with principal offices at 2375 Tower Drive, Naples, Florida 34104, ("Customer"); WHEREAS, TEC is engaged in the business of providing depot level maintenance of aeronautical engines; and WHEREAS, Customer desires to limit major engine maintenance and overhaul expenses and TEC desires to provide this opportunity to Customer to limit major engine maintenance and overhaul expenses through the assessment of monthly charges based on a fixed rate for each hour of equipment operation or operational cycle; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, TEC and Customer hereby agree as follows: ARTICLE 1 Certain Definitions 1.1. "COVERED EQUIPMENT" means the Equipment specified in Exhibit I hereto and other Equipment included as Covered Equipment in accordance with Section 2.2 hereof. 1.2. "CYCLE" denotes an operational gas generator cycle as reported in the Engine Log Book, in accordance with Turbomeca instructions as outlined in the Engine Maintenance Manual held by the Customer. Cycles are recognized since the last general overhaul (CSO) and since new (CSN). 1.3. "EQUIPMENT" denotes according to context, an engine, a module, an accessory, LRU or a spare part, and includes any component or part thereof. 1.4. "LRU" denotes any engine Line Replacemem Unit or item of Equipment as defined in Exhibit I hereto. 1.5. Rev 09/02 "OPERATING HOURS" denotes an hour of operation as recorded in the Engine Log Book in accordance with TEC instructions as outlined in the Engine Maintenance Manual NC). Page Arrius 2B Support By the Hour (SBH)~ Agreement held by the Customer. Operating hours are recognized since the last general overhaul (TSO) and since new (TSN). ].6. 'MODULE" denotes a sub-assembly of the basic engine as described in the Engine Maintenance Manual. ].7. "REFERENCE DOCUMENTS" denotes the following Turbomeca documents, and any amendments thereto (collectively, "Reference Documents"): 1) Engine Maintenance Manual (field and modular maintenance), 2) Service Letters, 3) Turbomeea Service Bulletins, 4) Maintenance Tools Catalog, and 5) Maintenance Spare Parts Catalog. 1.8. "SPARE PART" denotes spare parts to be used for field and/or modular maintenance procedures. Authorized spare parts are identified in the Spare Parts Catalog issued by Turbomeca. ].9. "STANDARD EXCHANGE" denotes replacement of malfunctioning Covered Equipment with serviceable, repaired/overhauled repairable Equipment in working condition delivered from TEC stock irrespective of the previous operator, place of operation, reason for its being handed in, operating hour/cycles available, or modification standard. 1.10. "TEC OWNED EQUIPMENT" denotes Equipment owned by TEC. 1.11. "TBO" denotes Time between Overhaul as defined in the Engine Maintenance Manual and Service Letters. 1.12. "TOOL" denotes special field and/or modular maintenance tool. Tools are identified in the Engine Maintenance Toc ls Catalog held by the Customer. Rev 09/02 PaRe 2 No._I APR 2003 Arrius 2B Support By the Hour ('3BH)® Agreement ARTICLE 2 Purpose and Scope 2.1. Purpose. The purpose of this Agreement is to speci~ the conditions under which TEC will provide to Customer, and Customer will obtain from TEC, maintenance and overhaul support for Covered Equipment (as hereinafter defined) at a fixed hourly or cyclical rate. 2.2. Scope. This Agreement applies only to the Covered Equipment. The inclusion as Covered Equipment of any Equipment not listed in Exhibit I hereto must be made in writing, and signed by TEC and the Customer. 2.3. Similar Equipment. As a condition to this Agreement, Customer shall enter into a Logistical Support and Maintenance Agreement with TEC for any and ail Equipment owned or operated by Customer that is the same as or similar to Covered Equipment. 2.4. Non-Zero Time Engines and Modules. Subject to Section 6.6 of this Agreement, a Customer may enter into this Agreement with non-zero time Equipment if the prospective Covered Equipment has greater than fifty percent (50%) of its TBO remaining and the Covered Equipment is qualified by TEC. Qualification shall consist of a power assurance check and inspection of the engines and modules by TEC (at TEC's primary facility) or be a representative of TEC at Customer's facility to determine current condition of the equipment, the results of which must be acceptable to TEC. If deemed necessary by TEC, all engine and module records must also be made available for review at TEC's primary facility, and must be acceptable to TEC after review, prior to coverage. 2.5. Property Rights in Covered Equipment. Covered Equipment that is removed from the Customer' s helicopter remains the property of the Customer. Covered Equipment that is replaced on Customer's helicopter with Standard Exchange. Equipment becomes the property of TEC, and such Standard Exchange Equipment becomes the property of Customer. Both parties shall execute a certificate of title transfer substantially in the form of Exhibit II to this Agreement. ARTICLE 3 Duration 3,1. Term. The term of this Agreement shall commence as of the date hereof, set forth in the initial paragraph of this Agreement (the "Effective Date"), until the next TBO of a basic engine that is Covered Equipment (the "Completion Date"). Pa~e 3 Rev 09/02 Arrius 2B Support By the Hour (SBH)~ Agreement 3.2 Renewal. This Agreement may be renewed beyond the Completion Date by separate amendment to this Agreement signed by TEC and Customer. ARTICLE 4 TEC' s Obligations 4.1. Parts Provided by TEC. TEC agrees to provide all parts required for the Covered Equipment, including periodic inspection kits and "on condition" maintenance repairable items. Also included are consumables such as high-energy igniters, injectors and pipes. Lubricants and Fuel are not included. 4.2. Mandatory Bulletins. TEC agrees to bear all labor and parts costs for incorporation of mandatory Service Bulletins on or in the Covered Equipment. If labor from the Customer is required to incorporate mandatory Service Bulletins, TEC shall pay Customer the Customer's actual direct labor expenses, not to exceed the TEC labor rate as published in the current TEC Basic Policies and Prices catalog. 4.3. Premature Wear or Failure. In the event of a breakdown or deterioration of the Covered Equipment due to defects in design, material, or workmanship in the manufacture, repair or overhaul of the Covered Equipment ("Premature Wear or Failure"), TEC will replace or repair the Covered Equipment; provided, however, that the choice between replacement or repair of Covered Equipment shall be made at the sole discretion of TEC. 4.4. Repair or Replacement. In the event that any Covered Equipment reaches TBO or exhibits Premature Wear or Failure, TEC will, at its sole discretion and consistent with its obligations hereunder, determine the extent of repair or replacement required. TEC shall provide the repair with a Standard Exchange, a repaired part or new part. 4.5. TEC's Right to Replace Parts. TEC reserves the right, at its sole discretion, to use new or serviceable used replacement parts in the course of repair or overhaul performed pursuant to this Agreement. 4.6. Force Majeure. TEC shall not be liable for a delay or failure to perform hereunder due to causes beyond its reasonable control, including b ~t not limited to, fires, explosions, floods, earthquakes, embargoes, wars (declared or undeclared), riots, insurrections, or civil commotion. 4.7. Technician Training. TEC agrees to provide to Customer two (2) positions in TEC's Arrias Field Maintenance training course for the first year and one (1) position thereafter Rev 09/02 Pa~e 4 An'ius 2B Support By the Hour $BH)® Agreement each year this Agreement remains in effect. Customer is responsible for its technician' s travel, transportation, lodging and meals expenses incurred while attending the Field Maintenance training course at TEC. 4.8. Publications Revisions. TEC agrees to provide, at no additional charge, revision service for Turbomeca publications including the Engine Maintenance Manual, Spare Parts Catalog, Service Bulletins, Service Letters, and General Information Letters, for each year this Agreement remains in effect. 4.9. Tool Rental. TEC agrees to lend, at no additional charge, special engine tools to Customer for carrying out field and/or modular maintenance works described in the Engine Maintenance Manual for each year this Agreement remains in effect. Customer is responsible for repair or replacement of special engine tooling if lost or damaged due to misuse, abuse, or breakage while in their possession. Customer agrees to promptly return special engine tools borrOWed from TEC within three (3) days after completion of the field and/or modular maintenance. Beyond this time limit, Customer will be liable without further notice to a penalty equal to the daily rental rate of the tools as set forth in the current Price Catalog for tool rental. 4.10. Exclusions. The following supplies and services are excluded from the scope of this Agreement: 1) Procurement of spare Equipment not covered elsewhere in this Agreement; 2) Monitoring of Covered Equipment by spectrometric oil analysis or by particulate analysis; 3) Supplying fuels or lubricant materials (other ~. for. Covered Equipment testing); 4) Carrying out field maintenance works to include module removal described in the Engine Maintenance Manual, except pursuant to mandatory Service Bulletins; and 5) Purchase of spare equipment and tools for carrying out field and/or modular maintenance of the Covered Equipment. ARTICLE 5 Customer' s Obligations. Rev 09/02 Pa~e 5 Arrius 2B Support By the Hour (SBH)® Agreement 5.1. Hardware Provided by Customer. Customer agrees to provide all hardware, common tools, and similar items associated or required in connection with the removal and reinstallation of Covered Equipment by Customer. 5.2. Preservation of TEC Owned Equipment. Customer agrees to safely keep, carefully use, and keep in good mechanical and working condition at all times any and all TEC Owned Equipment with which customer is entrusted. 1) Insurance In Transit. Customer agrees to provide and maintain ALL RISK PHYSICAL DAMAGE INSURANCE in the amount of full replacement value for all TEC Owned Equipment or supplies while in the custody of Customer or in transit to and from TEC. Such insurance is to take effect at the time and place of shipment to Customer and shall remain in effect until return delivery of said property to TEC. 2) Insurance In Use. Customer further agrees that during such time any TEC Owned Equipment or supplies are installed in Customer's aireratL Customer shall maintain ALL RISK GROUND AND FLIGHT HULL INSURANCE thereon in an amount sufficient so that TEC will recover fully the amount of any loss of said Equipment or supplies. Customer shall also maintain at all times Aircraft Bodily Injury and Property Damage Insurance, including Passengers, in an amount of at least $5,000,000.00 Combined Single Limit. 3) Required Insurance Provisions. Any and all insurance policies required herein shall include the following provisions: (a) Except in cases of negligence which could be directly attributed to Turbomeca, S.A. or TEC, Customer waives its. righLm_ bringing any action against Turbomeca, S.A. and/or TEC implicating them in any injury, expense or damages suffered because of operation or preservation of the Covered Equipment or TEC owned Equipment. Customer will provide TEC with proof of adequate insurance coverage evidencing that the coverage respects the indemnification clause contained in Article 9 of this Agreement; (c) All policies must provide that TEC be given thirty days advance notice of material change in or cancellation of the above coverage; and (d) In the evem of loss, any deductible is to be paid solely by the Customer. Rev 09/02 Pace 6 APR :, 2003, Arrius 2B Support By the Hour (SBH)® Agreement 4) Evidence of Insurance. Customer shall furnish TEC, within fifteen days prior to the commencement of the Agreement and within fifteen days prior to the expiration of any existing policy, evidence of coverage, for all of the insurance requirements set forth herein in the form of Certificates of Insurance satisfactory to TEC, indicating that coverage is in full force and effect. 5.3 Notice of Incident. Customer agrees to inform a TEC representative within twenty-four (24) hours of any incident occurring to, or caused by, the Covered Equipment or any other TEC Owned Equipment in the custody of Customer and, as a general rul~, of any situation which will or may result in injury, damage or loss to TEC's property in the custody of Customer. A written report shall be submitted as soon as practicable. Notice must precede return of any failed equipment to TEC. 5.4. Notice of Modification. The Customer agrees not to undertake any modification or carry out any servicing, maintenance or 'repair to TEC Owned Equipment, Components, or Covered Equipment which is not provided for in Reference Documents for the specific Equipment, without prior written agreement and not unreasonable withheld. 5.5. Recordkeeping. Covered Equipment or component documentation such as log book module sheets and component log cards will be fully maintained in an up-to-date status by Customer. TEC will update the module sheets and component log cards, if required and as required, after a repair event is performed. 5.6. Operation and Maintenance Records. Customer shall keep records of Covered Equipment operation, maintenance and running time, and shall permit TEC to inspect and copy such records at any reasonable time. 5.7. Monthly Report. Each month Customer shall submit to TEC a written report, in the form of Exhibit III, incorporated by reference, of Covered Equipment operation, as of the last day of the prior calendar month, including: beginning hours, run time, ending hours, CSO, CSN, TSO, and TSN (the "Monthly Report"). The Monthly Report must be received by TEC by the third business day of the month or Customer is subject to a $75.00 fee for non-reporting. 5.8. Rev 09/02 Change of Ownership; Liens. Customer shall not, except in compliance with Section 10.1 hereof, make or suffer to be made any change in the ownership, leasehold, operational interest, or financial interest or utilization of the Covered Equipment or any aircraft on which Covered Equipment is installed without prior written notice to and written approval by TEC. Customer shall not do any act that would result in the imposition of any lien, security interest, or other encumbrance on any TEC Owned Equipment. Pa~e7 / No,~ j APR 2003' Arrius 2B Support By the Hour (SBH)® Agreemem 5.9. 6.]. 6.2. 6.3. 6.4. Non-Covered Repairs and Maintenance. Customer agrees to provide for or obtain, at its own expense, all repairs and maintenance not covered by this Agreement, on a pro-rata basis. ARTICLE 6 Pricing and Payment Fixed Rate. The current fixed rate per operating interval of Covered Equipment is $69.10 PER HOUR, per engine (the "Fixed Rate"), based on 1.5 Cycles per Hour. Additional Cycles or partial Cycles in excess of 1.5 per Hour will be invoiced to Customer at a rate of $2.36 PER .5 CYCLES PER HOUR. The Fixed Rate is valid for the calendar year (January through December), and is subject to adjustment each January 1, beginning January 1, 2004. lhe l~xed Rate will be subject to annual escalation effective each January 1a based on current economic conditions, but in no event shall the escalation exceed three percent (3%) for any one year. The Fixed Rate is valid only while Covered Equipment is operated within North America. Covered Equipment which is operated outside North America will be subject to the applicable Fixed Rate for the country of operation as determined by Turbomeca France. Notification of Change of Operation. If any change occurs in operation or maintenance conditions or operation site that would place the helicopter in a corrosive or erosive environment on a continuous or repetitive basis. TEC and the customer will review and jointly agree to adjust the rate. The Customer shall notify TEC of any such changes within forty-eight (48) hours from the change occurring. Balance between hours/cycles declared and hours/cycles logged. When covered equipment is returned to TEC, if the total hours/cycles declared and paid disagrees with the entries in the log book or log card, TEC and the customer will jointly agree to issue an invoice adjustment applying the Fixed Rate in effect at the time of adjustment to the difference in operating hours or cycles. Supplemental Charges for Abnormal Wear, Accident, Modification or Transformation. 1) Exclusions. This Agreement specifically excludes from coverage the repair or replacement of Covered Equipment arising from failures of Covered Equipment due to causes beyond normal wear and tear, including, without limitation, failure of Covered Equipment which: Rev 09/02 PaRe 8 Arrius 2B Support By a) the Hour (~BH)® Agreement Has not been operated in accordance with the procedures and standards set forth in the Reference Documents; b) Has not been maintained in accordance with the procedures and standards set forth in the Reference Documents; c) Has been subject to misuses, accidents, incidents, abuse, or force majeure (acts of nature) by any party other than TEC; d) Has not been properly stored, installed, maintained, utilized or packed for transport by any party other than TEC in accordance with the procedures and standards set forth in the Reference Documents; Has suffered damage dfie"t° Corrosion, erosion or foreign object damage, beyond unacceptable manufacturer specifications, unless such damage was caused while the equipment was in the possession or control of TEC; or Has suffered primary breakdown or deterioration of any component which was not acquired by Customer from TEC or other sources specifically approved by TEC in writing in advance of acquisition. 2) TEC Discovery of Exclusion. TEC shall advise Customer upon the discovery of any observed damage to Covered Equipment which appeaars to have been caused by any of the reasons set forth in Subsection 6.4(1) above. In such cases, Customer shall be responsible for the parts and labor costs of any such repair or replacement of the Covered Equipment ("Excluded Costs") actually caused by any of the reasons set forth in Subsection 6.4(1), and reimbursement to TEC of the Excluded Costs shall be made by Customer in addition to other payments made pursuant to this Agreement. If TEC labor is required to repair or replace any Covered Equipment as a result of damage caused by any of the reasons set forth in Subsection 6.4(1), Customer shall pay TEC the lesser of (1) TEC's actual direct labor expenses or (2) the TEC labor rates as published in the current TEC Basic Policies and Prices catalog. 6.5. Miscellaneous Expenses. Rev 09/02 Pa~e 9 APR 22 2003 Pg, /5' Arrius 2B Support By the Hour (SBH)~ Agreement 1) Taxes. The customer shall be liable for all federal, state, local or foreign taxes (except income taxes) applicable to the sale, exchange, usc, delivery or transportation of Covered Equipment or services provided hereunder and all duties, imports, tariffs and similar payments shall be paid by Customer, 2) Missing Parts. In the event that Covered Equipment is delivered to TEC which is not complete because it is missing parts or components, TEC will replace any missing parts or components and shall be entitled to charge Customer no more than catalog list price (with any applicable discounts) for the same. 3) Travel. Customer agrees to bear its reasonable and customary labor and transportation costs for the removal, installation, normal modular and "on condition" maintenance and troubleshooting. 4) Reimbursement for Non-Covered Services. TEC shall not be liable for, and Customer agrees to reimburse TEC on demand for, any expenses, costs, or liabilities sustained in connection with the removal or replacement of Equipment or Covered Equipment in an aircratt or engine, other than those costs and expenses sustained by TEC in carrying out repairs and overhauls pursuant to this Agreement. 6.6. Purchase of Used Hours and Cycles. With respect to non-zero time Equipment to be covered by this Agreement, Customer will be required to purchase the used hours and cycles for a fee (the "Non-Zero Time Fee") equal to eighty-five percent (85%) of the Fixed Rate Charge currently in effect multiplied by the number of used hours and cycles, at the signing of this Agreement (Effective Date). 6.7. Premature Overhaul. If Covered Equipment is removed for overhaul at Customer's convenience, prior to its scheduled TBO, Customer shall be invoiced for the difference in the actual hours and cycles consumed on the Covered Equipment up to the time of removal and the scheduled TBO, based on the current Fixed Rate. 6.8. Payment Address. Customer shall send all payments due under this Agreement to: TURBOMECA ENGINE CORPORATION P.O. Box 841250 Dallas, Texas 75284-1250 For amounts over $1,000.00 a transfer of funds to TEC may be made electronically. Customer should contact TEC for funds transfer instructions, should it elect to exercise this payment option. Rev 09/02 Pa~e 10 Agenda ~Ltlm. , APR 2 2003' Arrius 2B Support By the Hour (SBH)® Agreement Each payment should indicate the Covered Equipment serial numbers and the invoice numbers that it covers. 6.9. Monthly Payments. 1) Payment. Customer will be invoiced and stu '.1 pay to TEC monthly, an amount equal to the Fixed Rate multiplied by the actual hours or cycles of Covered Equipment operation (the "Fixed Rate Charges") as set forth in the Monthly Report and specified in this Agreement, plus any supplemental fees and other charges as calculated in Sections 6.3, 6.4, 6.5, 6.6, 6.7, and 7.6 hereof. 2) Interest on all mounts past due thirty (30) days or more shall be invoiced and paid at the rate of eighteen percent (18%) per annum. ARTICLE 7 7.1. 7.2. 2) Shipment Shipment to Customer. Unless otherwise specified in an order, TEC will ship, prepaid, at Customer's expense, Covered Equipment and supplies in packaging which conforms to the manufacturer's specification for long distance air freight, freight prepaid, to the following address (the "Customer Shipping Address"): COLLIER COUNTY, 2375 Tower Drive, Naples, FL 34104 Delivery Leadtime. Standard. In the case of scheduled removal of. Covered Equipment pursuant to this Agreement, TEC will make every effort to ensure that Standard Exchange Equipment delivery to Customer will take place two (2) days before the removal date declared by the Customer on the Standard Exchange Equipment order, so long as such Standard Exchange Equipment order was received by TEC at least three (3) weeks in advance of the scheduled removal date. Emergency "AOG". On occasions when an unscheduled failure occurs to Covered Equipment, and the aircraft is out of service due to the unscheduled failure, TEC will make every effort to have the replacement item(s) delivered to the freight carrier within eight (8) hours following TEC's receipt of a written order (including FAX) from the Customer. Rev 09/02 Paee 11 Ardus 2B Support By the Hour (SBH)® Agreement 3) TEC's failure to provide the AOG replacement item(s) to the fi.eight carrier within twenty four (24) hours following TEC's receipt of a written order (including FAX) from the Customer, will result in a $500.00 credit to Customer's Support By the Hour (SBH)® account at TEC. Additional $500.00 for every day AOG is not to the fi.eight carrier. 7.3. Shipment to TEC. The Customer shall ship, at its own risk and expense, Covered Equipment and other Equipment in packaging which conforms to the manufacturer's specification for long distance air freight, to TEC at the following address (the "TEC Shipping Address"): TURBOMECA ENGINE CORPORATION 2709 Forum Drive Grand Prairie, Texas 75051 7.4. 1) Documentation. Any Covered~ent delivered to TEC pursuant to this Agreement is to be accompanied by COMPLETE AND UP-TO-DATE DOCUMENTATION. Engines and Modules. For engines and modules, documentation shall include the engine or module log book together with its appendices and, if Covered Equipment is to be repaired, the Customer' s order and the engine removal report reference. 2) Other Covered Equipment. For other Covered Equipment, documentation shall include the component log card and, if Covered Equipment is to be repaired, the order and a completed MMIR reporting form. 7.5. Promptness of Return. Any Covered Equipment delivered to TEC pursuant to this Agreement must be complete, including its documentation as stated in Section 7.4 above, and MUST BE SHIPPED TO THE TEC_SHIPPIbJ~_ ADDRESS WITHIN TEN (10) DAYS counting from the. day when the operating defect was detected and the Covered Equipment removed. Beyond this time limit (in the ease of a return) or beyond the time limit specified in Section 8.5 (with respect to termination), Customer will be liable, without any further notice, to a daily penalty equal to 0.2 percent of any such Covered Equipment's retail list price (for similar new items) in force at the time of removal or termination. 7.(. Costs Incurred on Return. It will be jointly decided that costs incurred by TEC for the examination, diagnosis and handling of Covered Equipment which has been returned to TEC with unconfirmed defects, will be invoiced separately, and paid by Customer. Rev 09/02 Pa~e 12 Agend~r St;em,/ APR 2003 Arrius 2B Support By the Hour (SBH)® Agreement ARTICLE 8 Termination and Cancellation 8.1. Default By Customer. If the Customer fails to comply with any of the terms or provisions of this Agreement within 30 days of written notice of any such default, TEC may terminate this A. ffeement by written notice (the "Cancellation Notice") to Customer, without any liability whatever on the part of TEC beyond the termination date. 8.2. Default By TEC. If TEC fails to comply with any of the terms or provisions of this Agreement within 30 days of written notice by Customer of any such default, Customer may terminate this Agreement by written notice to TEC. 8.3. Termination for Convenience. This Agreement may be unilaL~rally terminated by either party hereto, without cause, upon sixty (60) days prior written notice (the "Termination Notice") to the other party. 8.4. Loss of Covered Equipment. In the event that the Covered Equipment is lost or destroyed, the customer has the option to replace with like equipment of equal value based on hours and cycles. If not the Agreement will be deemed "Terminated" as of the date of loss. 8.5. Termination Date. This Agreement will terminate on a date (the "Termination Date") which will be the earliest to occur of the following: (1) immediately upon the Cancellation Notice, (2) sixty (60) days after the Termination Notice, or (3) unless renewed pursuant to Section 3 hereof, on the Completion Date. 8.6. Customer's Duties. Within five (5) business days at, er the Termination Date, Customer must return any and all Equipment and supplies belonging to TEC to the TEC Shipping Address, and pay in full the mount of accrued and outstanding charges owed to TEC under this Agreement. 8.7. TEC's Duties. If this Agreement is terminated for convenience, a pro-rated portion of the Fixed Rate Charges paid by Customer will be applied as a credit to the Customer's trade account at TEC. This credit shall be calculated as follows for each module and fuel control mit: List I~i~ E Modu~ + FCU Exehang~ list price 60% of the X current X TSO of the Equipment hourly rate at Contract Termmmti~ Rev 09/02 Pace 13 APR Arrius 2B Support By the Hour (SBH)® Agreement NOTE: In the case of "on condition equipment, this credit does not apply. 9.1. 2) 3) 9.2. 2) 3) ARTICLE 9 Indemnification and Warranty Indemnification. TEC Equipment. Customer shall be responsible for any loss or damage to TEC owned equipment in its possession for the duration of the contract, when damage occurs during Customer's custody of the Equipment or components, except for normal wear or damage to the Equipment by reason of TEC's actions or_negligence. Should the TEC Owned Equipment (or any components or parts thereof) be lost or destroyed during Customer's custody of same, Customer shall pay TEC, on demand, the fair market replacement value of the Equipment or components or parts lost or destroyed.~ The fair market price will be jointly agreed upon. Claims. Collier County shall be responsible for any and all liability, costs, expenses (including attorney's fees), claims or demands for damages by reason of the injury or death of any person to any property belonging to Collier County or TEC arising out of Collier County's uses, operation or control of Covered Equipment except for such liability resulting from TEC's negligence, action or inaction and only to the extent permissible under ~5/ar/da_Slaaa~, Section 768.28. By entering into this paragraph, Collier County does not waive its Sovereign Immunity as set forth in Florida Law. Damages. As further consideration for this Agreement, it is specifically agreed that TEC shall not be liable for any special, consequential, incidental, or indirect damages, including but not limited to, any damages arieing nut of loss or use of property. Airworthiness. TEC warrants to Customer that: All work performed by TEC will be in compliance with applicable published airworthiness specifications in effect at the time said work is performed; All work performed by TEC will be in compliance with applicable published directives and regulations of t~e Federal Aviation Administration in effect at the time the work is performed; All work performed by TEC will conform to standards of good workmanship which are customarily recognized in the industry at the time the work is performed; Rev 09/02 Pane q 4 APR 200] Arrius 2B Support By the Hour (SBH)® Agreement 4) 9.3. Equipment, if sold or supplied to Customer by TEC, is either new or in serviceable condition at the time of delivery. Warranty. This Agreement is separate from the Turbomeca limited warranty. No agreement or understanding varying or extending the terms of the Turbomeca limited warranty shall be binding on TEC unless expressed in writing and executed by a duly authorized representative of TEC. ARTICLE 10 10.1. 1) 2) 11.1. 11.2. Transfer of Covered Equipment Sale or Transfer. of Covered Equipment. In the event of a sale or transfer of Covered Equipment (the "Transfer") to a third party-(the "Transferee"), TEC has the right~ but not the obligation, to allow the Transferee to obtain coverage under this Agreement. Notice of Intern to Transfer. Customer shall notify TEC of Customer's intentions to Transfer, and shall pay all sums normally due to TEC up to the date of Transfer, at least fifteen (15) days prior to Transfer. Termination of Coverage. In the event that TEC does not offer the Transferee, or Transferee does not accept, coverage under this Agreemem, the notice by TEC to Customer, or Transferee to TEC, of such decision shall be the Cancellation Notice and this Agreement shall terminate as of the date of Transfer as if Customer exercised his right to terminate this Agreemem pursuant to Section 8.2 of this Agreement. ARTICLE 11 Miscellaneous Place of Performance and Governing Law. This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Florida, with regard to its eorffliet of laws provisions, and the laws of the United States applicable to transactions in the State of Florida. Further Actions. Each of the parties hereto agrees that they will perform all such other actions as may be necessary or reasonably appropriate to carry om the intent and purposes of this Agreement. Rev 09/02 Pa~e l 5 APR 2003 PG.~ Arrius 2B Support By the Hour (SBH)® Agreement 11.3. No change or modification of this Agreement shall be valid or binding upon the parties hereto unless such change or modification shall be in writing and signed by all the parties hereto. No waiver of any term or condition of this Agreement shall be enforceable unless it shall be in writing signed by the party against which it is sought to enforce. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by such other party. 11.4. Cost of Enforcement. If any action at law or in equity or any other proceeding is necessary to enforce or interpret the terms of this Agreement, the prevailing pai'ty shall be entitled to reasonable attorneys' fees, court costs, and necessary disbursements in addition to any other relief to which he or it may be entitled. 11.5. Arbitration. The parties hereto agree, and consent on advice of counsel, that any controversy with respect to performance under the terms of the Agreement, or arising om of the Agreement will be submitted to arbitration pursuant to the provisions of the Texas General Arbitration Act, Title 10, Vernon's Tex. Civ. Stat. Ann. Art. 224 - 238, or Florida Arbitration Procedures. Arbitration will be jointly agreed to in writing. 11.6. Severability. Customer acknowledges and agrees that each agreement or covenant set forth in this Agreement constitutes a separate agreement or covenant independently supported by good and adequate consideration and that each such agreement or covenant shall, if necessary, be severable from the other provisions of this Agreement. The existence of any claim or cause of action of Customer against TEC, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TEC of those separate agreements and covenants. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision never constituted a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of this Agreement, a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. 11.7. Assignability. The rights and benefits of ei£ ter party under this Agreement may not be assigned, nor the duties thereunder delegated by such parties, without written consent, signed by the parties hereto. 11.8. Headings. The Article and Section headings used in this Agreement are for reference and convenience only and shall not affect the interpretation of this Agreement. Rev 09/02 Pace 16 APR 2003 __P,a. Arrius 2B Support By the Hour (SBH)® Agreement 11.9. I1.10. 11.11. 11.12. 11.13. Amendments. This Agreement, and any attachments hereto, set forth the complete understanding and agreement of the parties hereto and shall be amended only in writing, signed by both parties. Gender. Whenever in this Agreement the context so requires, the male gender shall include the female and the neuter; the female gender shall include the male and the neuter; and the neuter shall include the male and the female. Number. The use in this Agreement of the singular number shall include the plural, and the plural number shall include the singular wherever appropriate. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. Notifications. All orders, messages, or notifications relevant to the Agreement shall be by letter or by FAX. Such notifications will be considered as having been delivered when they are handed personally, sent by registered mail, or sent by FAX to the address given below: TURBOMECA ENGINE CORPORATION 2709 Forum Drive Grand Prairie, Texas 75052 Manager of Support By the Hour (SBH)® FAX: (972) 606-7668 Customer's Address: COLLIER COUNTY 2375 Tower'Drive Naples, Florida 34104 FAX: (941) 643-3236 Rev 09/02 Page 17 No ._ APR g -200t An'ius 2B Support By the Hour (SBH)® Agreement IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the date first set forth above. COUNTY: Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM lffih'h'II~, CHAIRMAN TURBOMECA: · . By: DEI~INIS J~. NICHOL<:~-~ 1~4~S '~ Pxint-Name Print Name President & CEO (Corporate Seal) STATE OF COUNTY OF--C~~~ ~The foregoing instrument was a_ckno, w.ledged before me this ~l'~c~ day of ~ ,2002, by~KIX~~as~Presiclent of T--~-~omeca Engine Corporation, a ~ corporation, 'on behalf of the corporation. He is [,,-3-personally known to me, or [~"~as produced drivers license no. ' 0[~' ~5Ox(oZ7- as identification. Approved as to form and legal sufficiency: "4zY flficqueline Hubbard Robinson ./ Assistant County Attorney Rev 09/02 NOTARY~UBLUIC Name: ¢dk'~{k3 ~i'.-~-k)~C/_/- (Type or Print)_ My Commission Expires: tl.7~(~.0 PaRe 18 APR 2 2 2003 Arrius 2B Support By the Hour (SBH)~ Agreemem EXHIBIT I COVERED EQUIPMENT This Agreement covers the following Equipment: Aircra~ Engine Description S/N S/N Arrius 2BEngine 0138 30169 Arrius 2B Engine 0138 30172 TSN CYCLES Rev 09/02 Pa~e 19 LAgende no._ APR Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT II CERTIFICATE OF TITLE TRANSFER From: TO: SUBJECT: Dear Sirs: TURBOMECA the Hour (SBH)® AGREEMENT Support On behalf of , I (state name and job description) hereby acknowledge receipt of and right title and interest to the following Standard Exchange Equipment pursuant to the terms of the above mentioned Agreement. EQUIPMENT RECEIVED FROM TURBOMECA: Description Serial Number Quantity I further confirm that the following Equipment has been returned to TEC, and that right title and interest to the Equipment has been passed to TEC by virtue of the above mentioned Agreement. EQUIPMENT RETURNED TO TURBOMECA: Description Serial Number Quantity Name and date: Rev 09/02 Pa~e 2 0 APR ,., z 2003 Anius 2B Support By the Hour (SBH)® Agreemem EXHIBIT II (continued) BILL OF SALE THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Turbomeca Engine Corporation, ("Seller"), for and in consideration of the transfer this day by ("Buyer") to Seller of certain property, and other good'and valuable consideration, the full receipt and sufficiency of which are hereby acknowledged and confessed, does hereby BARGAIN, SELL, and DELIVER unto the Buyer, its successors and assigns all of the property described on Exhibit A attached hereto and incorporated herein by reference (the "Property") TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging unto Buyer, its successors and assigns. Executed this .~ day of ,2002. TURBOMECA ENGINE CORPORATION By: Title: Rev 09/02 PaRe 21 Agendg~ ~e~ NO. /~) _"~ APR 2003 Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT II (continued) B1LL OF SALE THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, ("Seller"), for and in consideration of the Ixansfer this day by Turbomeca Engine Corporation ("Buyer") to Seller of certain property, and other good and valuable consideration, the full receipt and sufficiency of which are hereby acknowledged and confessed, does hereby BARGAIN, SELL, and DELIVER unto the Buyer, its successors and assigns all of the property described on Exhibit A attached hereto and incorporated herein by reference (the "Property") TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging unto Buyer, its successors and assigns. Executed this ~ day of ,2002. Title: Rev 09/02 PaRe 22 Arrius 2B Support By the Hour (SBH)~ Agreement EXHIBIT III TURBOMECA ENGINE CORPORATION (FAX) 972-606-7608 Support By the Hour (SBH)~ AGREEMENT MONTHLY OPERATING REPO?.T Date Aircraft No. Customer Name Reporting Month Engine Model Telephone No. Engine No. I Hours Cycles S/N Start End Usage Start End Usage Engine MO1 MO2 Engine No. 2 Hours Cycles S/N Start End Usage Start End Usage En~ne MO1 MO2 Rev 09/02 PaRe 2 3 Agenda ,o. /~-~ P~ ~ ~2003 ADDRESS WAGE AND MEDICAL SERVICES. EXECUTIVE SUMMARY RETENTION ISSUES EMERGENCY OBJECTIVE: To maintain a high quality, motivated work force in the Emergency Medical Services DeparUnent. CONSIDERATION: Between January and March of this year, the number of paramedic vacancies in the EMS Department has grown from eight (8) to eighteen (18) positions. Information gathered through exit interviews determined that the primary reason cited by departing staff was the better wage and incentive offers made by other public Fire and Ambulance services providers in Southwest Florida. Many of these offers provided substantial pay and fringe benefit packages that placed the County in an uneompetitive position. As a results-not only were ~t employees leaving, but also staff was encountering increasing difficulty filling existing vacancies. Recognizing this trend, staff conducted an analysis of thirty competitive jurisdictions and found that Collier County's starting salary for Paramedics, Emergency Medical Technicians (EMT), and Lieutenants (paramedics - level 2) was considerably lower than the market. To resolve this issue staff met with the local Union and proposed to raise the starting salaries as described below to match other jurisdictions: EMT's (Full and Part-Time) Paramedics Lieutenant Paramedics CURRENT $24,960.00 $30,406.60 $36,958.77 PROPOSED $29,120-PT/$32,466.97-FT $39,528.65 $43,358.85 Additionally, Management requested the Union's support to make counter offers for valued employees. Unfortunately, the Union rejected the County's entire proposal because it did not give raises to all bargaining unit employees, including those who were already earning a competitive wage. Recognizing the inability to hire positions places a potential health, safety and welfare burden on the community, staff consulted with its outside labor counsel and the County Attorney's Office. The decision was made to offer higher starting salaries to new hires and adjust existing employee wages to a more competitive position within the current pay range. Additionally, a related decision was made to make competitive counter offers to designated employees entertaining other job oppo~mities. The Union has filed an unfair labor practice in this matter. r '" APR 2 2 2 13 Staff believes that management's deeisions in tliiS matter are operationally and legally sound and justified. It should be noted that since staff has implemented this plan of action, tentative commitments have been received from fifteen (15) potential candidates for vacant positions. GROWTIIMANAGEMENT: There is no direct impact to the GrOwth Management Plan at this _time. However, continued loss of staff may impact the system's ability to maintain the required number of units as outlined in the GMP. FISCAL IMPACT: The additional rotes applied to all employees below the new minimum may cost up to $150,000. Staffwill attempt to absorb as much of this ~ as possible in the existing EMS budget. If a budget amendment becomes necessary from EMS reserves, staff will bring it back at a later date. RECOMMENI)ATION: That the Board of County Commissioners support staff's plan to raise new rates for new and existing employees to proposed market rates, and allow staff to offer counter proposals4o~valued employees within the EMS Union. PREPARED BY: JeffP~~tor Emergency Medical Services Department REVIEWED AND APPROVED BY: John D~uck, Administrator Division of Public services EXECUTIVE SUMMARY APPROVE A RESOLUTION NAMING THE NATURE TRAIL AT BAREFOOT BEACH PRESERVE THE ALICE AND HAROLD SAYLOR NATURE TRAIL ~: To honor indispensable volunteers in a manner consistent with their contributions. Con~ideratlon~: The Friends of Barefoot Beach have asked that the Nature Trail at Barefoot Beach Preserve be named after founding Friends members Alice and Harold Saylor. Historically the Nature Trail has been referred to as the Friends Nature Trail. Members of the Friends organization were instrumental in its development, which required hundreds of volunteer hours to complete. In addition to their work with the Friends, the Saylors have monitored sea turtle nesting, performed inventories of plant and wild-life, and" have educated many Parks and Recreation staff about the natural environment at Barefoot Beach. Alice is recently deceased. Harold is still an active member of the Friends. Parks and Recreation staff concur that the naming of the trail in honor of the Saylors is a due and appropriate tribute. ~L!~: No fiscal impact is associated with this action. Growth Manaoement Impact: No Growth Management impact is associated with this action. Ro~ommondation: That the Board of County Commissioners approve the attached resolution naming the nature trail at Barefoot Beach Preserve the Alice and Harold Saylor Nature Trail. Submitted by: ~ ~~'~ Date:__ ~anda-t~. To--nd, Operations Coordinator Parks and Recreation Department Maria O. Ramsey, Director t Approved by: and Recreation Department Jo~ Dt~muck, Administrator DiXdsion of Public Services 1 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 1'7 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 3'7 38 39 40 41 42 43 RESOLUTION No. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, NAMING THE NATURE TRAIL AT BAREFOOT BE[ACH PRESERVE THE ALICE[ AND HAROLD SAYI. OR NATURE TRAIl- WHEREAS, Alice and Harold Saytor walked the coastline at Barefoot Beach long before the Parks and Recreation Department purchased the property, and WHEREAS, Alice and Harold Saylor have been an intricate part of the Friends of Barefoot Beach Preserve and have volunteered many hours of service to the. Parks and Recreation Department, and WHEREAS, while serving with the Friends of Barefoot Beach Alice and Harold Saylor have been insfl~mentai in the development of the Nature Trail at the Preserve to provide the public an educational experience amid the beauty of the WHEREAS, Alice and Harold Saylor have monitored sea turtle nesting and performed inventories of plant material and wildlife for the Nature Trail at the Prese~e. WHEREAS, Alice and Harold Sayior are a wealth of knowledge regarding the natural environment and have imparted that knowledge to the Parks and Recreation staff. NOW, therefore, be it resolved by the Board Of County Commissioners of Collier County, Florida, that: The Nature Trail at Barefoot Beach Preserve located at the terminus of Barefoot Beach Road, Naples, Florida, is hereby designated to be named the Alice and Harold Saylor Nature Trail. This Resolution adopted this day of second and majority vote favodng same. ,2003, after motion, Al-rEST: 47 Dwight E. Brock, Clerk 48 49 50 $2 By: Deputy Clerk .54 ~ Approved es to form 57 and legal sufficiency: 61 62 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman EXECUTIVE SUMMARY APPROVAL TO AWARD BID NO. 03-3474 FOR THE PURCHASE OF PLUMBING PARTS AND SUPPLIES USED IN COUNTY REPAIRS AND MAINTENANCE EST $57,000.00 OBJECTIVE: To have the Board of County Commissioners Award Bid No. 03-3474, Plumbing Parts & Supplies to Plumbmaster Professional Group, Hughes Supply, Ferguson Enterprises and Best Plumbing for the purchase of plumbing parts and supplies. CONSIDERATION: The Department of Facilities Management is responsible for the repair and maintenance of the County's many water and sewer systems. Parts and supplies are purchased through local vendors on an as needed basis. (In conjunction with the Purchasing Department, bids are established for the purchase of plumbing goods and materials through the competitive bid process.) On February 19, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to twenty seven (27) firms that provirte ph. trnbing parts and supplies. On March 12, 2003 bids were opened from the six (6) responding firms. A tabulation sheet is attached to this summary for your review. Staff has reviewed the bids and recommends award to respectively Plumbmaster Professional Group, Hughes Supply, Ferguson Enterprises and Best Plumbing. Pricing is competitive with these vendors. Awarding to four (4) vendors provides a better selection for County staff, as well as larger resources for .... ~pecial order merchandise not carded by just one vendor. FISCAL IMPACT: The Facilities Management Department purchases approximately $57,000 worth of plumbing parts and supplies annually. Since all County departments may utilize this bid, the estimate may be subject to variation depending on the needs and degree of participation of other County departments. Funds are budgeted in FY 03. operating cost centers. GROWTH MANAGEMENT IMPACT: There is no impact on the County Growth Management Plan. RECOMMENDATION: To have the Board of County Commissioners award Bid No. 03-3474, Plumbing Parts and Supplies to Plu~aster Professional Group, Hughes Supply, Ferguson Enterprises and Best Plumbing as refere~er~.~,,~ SUBMITTED BY: _,~,~-~x~r"e'-/i"~J ~i~__..~_ ~.__..~ Date: ~ ".-~?-~-~--~ Scott D. Johnson, Purchasing Agent Purchasing Department S-{e~amel~ Dir~t~' ~ ~ Daniel R~:x:lrigu-ez, Inte.~fl'~O~or Futilities Manage~t D~a~ment Ski~C~-Ifitedm AdminiSter Administ~Ne Se~i~s Division APE2??903! EXECUTIVE SUMMARy RECOMMENDATION TO AWARD BID NO. 03-3468, PUMP & MOTOR REPAIR FOR COUNTY-WIDE MAINTENANCE OF EQUIPMENT TO NAPLES ARMATURE as PRIMARY AND HORVATH ELECTRIC AS SECONDARY IN THE ESTIMATED AMOUNT OF $300,000 OBJECTIVE: departments. To streamline the maintenance and purchase pumps and motors for all County CONSIDERATIONS: Several departments within the Public Utilities Division, as well as the County in general, utilize pumps and motors of vadous sizes and horse power in their daily operations, which require the services of an outside vendor for repairs. Minor pump repairs are performed in the field by the various departments. However, the majodty of departments are not equipped 'or trained 'to perform major repairs or total rebuilds and, therefore, require the services of an outside vendor. Bid ~03-3468 was posted on December 11, 2002. Ninety-nine (99) inquiries were sent to vendors. Seven (7) bids were received. On April 8, 2003, agenda item 10F, Staff recommended that the Board reject this bid based on an irregularity in the award formula. The Board reviewed and discussed this matter, vote not to accept Staff's recommendation, and directed Staff to submit an award of the bid at a subsequent meeting. Staff has reviewed the bids, and in accordance with the award formula, recommends the bid be awarded to Naples Armature as Pdmary and Horvath Electric as Secondary. The recommendation for an award to a Primary and a Secondary stems from the growth of services required under this contract. FISCAL IMPACT: These services will be used by several different departments. Each user department has budgeted funds for pump a~d ~,;otor repair. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: That the Board award Bid No. 03-3468 for Pump & Motor Repair to Naples Armature Works as Pdmary, and Horvath Electdc as Secondary. SUBMITI'EDBY:~;ood, P~ - s' g^gent Date: ~-~-~C '~ REVIEWED BY: Date: S~v;'Ca[nell,~urchasing Director Date: Interim i~e Services Ad~n;nis~rator nistratiSkip APR' 2 2 2003 c) m~ !°° AGE~DA ITE~ ' NO .~ APR ~ ~ ZO0~ Pg. ~ EXECUTIVE SUMMARY AWARD RFP 03-3444, JANITORIAL SERVICF~ CONTRACT IN THE ESTIMATED ANNUAL AMOUNT OF $1,251,800 AND Al)PROVE A BUDGET AMENDMENT IN THE AMOUNT OF $222,800 TO THE OPERAT]~ ~G BUDGET TO COVER INCREASE COSTS ASSOCIATED WITH THE NEW CONTRACT. OBJECTIVE: To obtain janitorial services in a cost-effective manner without interruptions to CONSIDERATIONS: The Department of Facilities Management provides janitorial services, through an outside vendor to approximately 76 County owned and leased buildings totaling 854,593 square feet. The janitorial contractor is responsible for furnishing all necessary labor, tools, equipment, supplies, maintenance and any other necessary accessories and services to perform the janitorial services specified in the contract. These services include daily dusting, vacuuming, widow cleaning, carpet cleaning, ~ 'and recyclable material removal from offices. In addition, our janitorial service company plays an important role in insuring that office spaces are free of dust and debris that may affect indoor air quality. Selection of a janitorial contractor is a very critical part of maintaining a safe and clean workplace environment. It is important to obtain these services in an affordable and cost-effective manner. The Purchasing Department issued an RFP soliciting proposals for janitorial services in October 2002. Notices were distributed to 51 firms. On November 14, 2002, proposals were received from six fu'ms. A staff selection committee was convened to review the proposals. Subsequent to the completion of that committee's review, the Purchasing Director determined that the initial committee had not fully complied with the requisite steps in the evaluation process and impaneled a new selection committee. That group conducted a separate independent review and by consensus, rated the top proposers as follows: 1. One Source Facilities Services Inc. 2. Laro Service Systems, Inc. 3. Grosvenor Building Services, Inc. Staff has negotiated an agreement with the top-ranked firm and is recommending award and approval of the new contract. In order to maintain continuity in service, the presem agreement (which expired on March 18, 2003) needs to be emended through the date of the new contract award. Award of the new contract will require an increase of $222,800 to the operating budget to cover the costs in FY 2003. FISCAL IMPACT: Total additional janitorial costs are $222,800. Funds are available in General Fund Reserves (001-919010) and will be transferred to Janitorial Cost Center (001- 122220). GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. 2 2 Executive Summary RFP #03-3444 (com.) Janitorial Services Page 2 RECOMMENDATION: That the Board award RFP 03-3444 to One Source Facility Services Inc., in the mount of $1,251,757.15, approve the change order to the current agreement (00- 3109) in the mount of $222,800 and authorize the Chairman to sign the newly-awarded agreement. '~ Steph~r/Y. Carn~q~, Purchasing/General Services Director APPROVED BY:~ Skip Camp, Interim Administrative Services Administrator DATE: AGENgA ITF.~--1 APR 2 2. 2003 | CHANGE ORDER CHANGE ORDER NO. ~ m CONTRACT NO. 00-3109 'Janitorial Services" TO: OneSource Facility Services, Inc. 14848 Old 41 North, Suite 11 Naples, FL 34110 BCC Date: 11128/00 ' Agenda Item: 16 (E) 15 DATE: March 18, 2003 Under our AGREEMENT dated November 28, 2000. You hereby are authorized and directed to make the following change(s) in accordance with the provisions of Section 3, "Contract Sum" of the Agreement: FOR THE current monthly charge-of $88~52Z98, (eighty eight thOuSand, five hundred twenty two dollars and ninety eight cents). 843,076 square feet X $. 105 = $88,522.98 (eighty eight thousand, five hundred twenty two dollars and ninety eight cents) The time for completion shall be increased by ninety (90) calendar days, beginning March 18, 2003, or until execution of the new contract, whichever is first. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. CONTRACTOR: OneSource Facility Services, Inc. ,2003 Robert G. Mosbach, VTce President, Operations OWNER: Daniel R. Roddguez ~ ~,~ Facilities Manage~ APR 2 2 2603 HaP ~? 03 05:45p Ibr-lT-03 Il:Il Froe-'Col I ier CounTy B41T3! 0144 T-~II P.OOZ/OO$ F-ISI p.1 CO~ CO17NT~ ~dmiBi _tt~-ative fjez~i,~t l)ivisi~- Pureltu. in~ DepaRnent $801 F_,. Tmni,smi ~ Na~les, FloFldt $411S TeLephone: FAX;. em.il: LbdLl~v~t March 17, 2003 Mr. RobMt Modmoh 14848 Old 41 North Naples, FL 34110 Re: Contra=t a1~)0.3109. 'J~anitorial ,Sewices' Dear Mr. Mosbach: One Source was a~ted, m~lhe-numbef (me sheR-Ilale~Tm~for RFP d03.3444 on March 10, 2003. On January 14, 2003, the Board of Cour~ty Oommis~ioners approved a ~-efd~ I~ cofltim~ sowJc8~ .nd~ correct. #00-3109 until March 18, 2003. in the interim, ~ ~afld'~'ortJM~new co,~;,-,~t, the County is requesting One Source to maintain required se~=e leve~s under conbwct- ;N)0-3/0~. We~ ~ an mMlffonar ext~tsMn of' your contnact until June 18, 2003 or until U'm new contract is awarded~ wl~ichever ks sooner. If you are agreeable to exta~n of the referenced contraot, please indicate your inmntJon$ I~. pmvidinothe app~i~~ below:. ~/' I am a~ ~ ex~ the IX~eent cordract for AG£1~DA NO ,~ APR 2 2 2003 Pg' .~ Har- ].'7 03 05:'~5p liar-iT-03 IS:0! Fram-Col list County Purch~ti~l 041 T3Z 0144 T-311 P Off/OD3 F-ISI p.2 Your prompt ~tlmrdlon is urgently requested. Please tatum this letler to ltm Purdmmi.9 D~mwlm.~ wI~-Ye~ mmpom~, r~latmr Itmrr Mmr~ 20, 2003. You may fax your response to: 2:39-732-0844. If you have any q~estiorm you may Ve~ t~.ly youm, One Souc:e Typed Nm mhd T~tl. (Comomm Officer) L,J/kw cc: Dan Roddgu~ E~itJe8 Monngement ................. Ann 8iml~Dn, PllQiliti~ I~t AGENoA ITEM~ APR 2 2 p~. ~-' PROJECT NAME: BID/RFP if: 00-3109 MODIRCATION #: NAME OF FIRM: One Source Facility Services, Inc. CONTRACT MODIFICATION CHECKLIST FORM Janitorial Services PROJECT if: 2 CONTRACT AMOUNT: ORIGINAL $ 748~651.44 .. CURRENT $ 1,109,506.08 CURRENT COMPLETION DATE(S): ORIGINAL: 11/28/00 CURRENT: 1/3/03 SUMMARY OF 'PROPOSED CHANGE(S): 90 day contract extension until new COntract is awarded_. JUSTIFICATION FOR CHANGE(S): Current vendor is potential awardee of new contract. Has aqreed to extension until Board awards the new contract. PARTIES CONTACTED REGARDING THE CHANGE: Facilities Mana.qement Purchasin.q, OneS°urce, Inc., IMPLEMENTATION STEPS (Check each before proceeding with change) ~X Proposed change is consistent with the scope of the existing agreement ~ Change is being implemented in a manner consistent with the existing agreement ~X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ~,;,,, ~r'~'A~--- Date: DISAPPRO', 'E: Date: COMMENTS: I: Forms/County Forms/Purchasing Forms/Check List 3/04/O3 APR 2 2 200.:3 EXECUTIV~ SUMMARY RECOMMENDATION TO AWARD BID NO. 03-3487, SUPERVISOR OF ELECTIONS BUILDING (C2) RENOVATIONS TO SURETY CONSTRUCTION COMPANY IN THE AMOUNT OF $605,182 AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $163,536 TO FINISH THE SUPERVISOR OF ELECTIONS MOVE ALONG WITH THE CLERK OF THE COURTS 5~a AND 6~m lrLOOR RENOVATIONS. OBJECTIVE: Obtain Board's approval of Bid No. 03-3487 for "Supervisor of Election~ Building (C2) Renovations". CONSIDERATIONS: The Bid was publicly advertised on February 20, 2003. Notices were sent to two-hundred and ten (210) tgn~s with eight (8) vendors requesting full packages. Five (5) responses were received by the due date of March 21, 2003. During the evaluation of the bids, it was determined that only two (2) of the five (5) bids were technically responsive. Three of the five (5) firms, including the apparent low bidder, Bradanna Inc., were found to be technically non- responsive as they failed to provide required documentation pertaining to the qualifications of the assigned superintendent. This was an expressed requirement of the bid under section 01400/Supervision. Staff then reviewed the two remaining firms bids, EHC, Inc. and Surety Construction Company that were technically responsive. After review, it is Staff's recommendation to award Bid No. 03- 3487, "Supervisor of Elections Building (C2) Renovations" to Surety Construction Company as the lowest, qualified and responsive bidder. The budget for this project, along with the Clerk's 5th and 6* floor renovations, was established early last year in order to include estimates in the 2002-03 Budget Proposal. Those budgets were based on basic square foot cost estimates as no programming had occurred at that point. Since then, programming and construction documents have been completed and bid, providing staff with current estimates. The short fall between the original and current estimates is $365,800 for all three projects. The Clerk is providing $156,000, Elections $45,000 and $163,536 will be transferred from 301 Courthouse improvement and painting projects. FISCAL IMPACT: The cost to finish these projects is $1,108,482. The current balance in this project is $944,946. A budget amendment in the amount of $163,536 would transfer funds from 301 Capital Maintenance into this project. GROWTH MANAGEMENT IMPACT: This has no direct impact on th; Growth Management Plan. APR 2 2 Executive Summary Supervisor of Elections Move Page Two RECOMMENDATION...: That the Board of County Commissioners approve the award of Bid No. 03-3487, "Supervisor of Elections Building (C2) Renovations" to Surety Construction Company in the amount of $605,182 as referenced herein, authorize the Chairman to sign the standard County Attorney approved contract and approve the necessary budget amendments. Facilities Mana~l~ment Department' · Purchasing/General Services Department APPROVED BY: ~ministrator Division of Administrative Services Date: Date:/~~~ APR 2 2 2003 oo EXECUTIVE SUMMARY APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH CONGRESSMAN PORTER GOSS TO EXTEND HIS OFFICE SPACE LEASE FOR TWO ADDITIONAL YEARS AT A TOTAL REVENUE OF $20.00. OBJECTIVE: Approve a First Amendment to Lease Agreement with Congressman Porter Goss to extend his Lease for office space on the second floor of the W. Harmon Turner Building for two additional years. CONSIDERATIONS: Collier County has leased office space to Congressman Porter Goss since 1993. The most recent Lease is dated February 8, 2000, and Congressman Goss is requesting to extend this Lease to January 2, 2005, to correspond with the end of his current term. The $10 annual rental and all other conditions of theLease will remain the same. FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance, and be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with Congressman Porter Goss and authorize its Chairman to execute same. PREPARED BY: ~~---~---~ f' ~ ' ~lichael H. Dowling, Pro~ ~M~agement Re~ Estate Service~Department Charles E. Cardn~on, Jr., S~ Manager REVIEWED BY: DATE: Specialist DATE: DATE: APPROVED BY: ~strator Administrative Services Division DATE: 2 2 2003 / Lease #764 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this ~ day of , 2003 at Naples, Collier County, Florida by and between Congressman Porter Goss whose mailing address is 3301 East Tamiami Trail, Administration Building, Naples, Florida 34112, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated Februa~'y 8, 2000; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement in order to reflect the LESSEE'S NOW THEREFORE, ~n consideratiou of the covenants and agreemcmlts provided within the said L~ase Agreement dated February 8, 2000 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended to January 2, 2005, and LESSEE shall have the option to extend the Lease, if LESSEE is reelected to the office held at the time of the renewal of this Lease, for an additional two (2) year term following the January 2, 2005 extension. LESSEE shall provide LESSOR with his intention to remain at the Demised Premises within fifteen (15) from his reelection. days Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. 2. Except as expressly provided herein, this Lease Agreement between Congressman Porter Goss and Collier County for utilization of the premises described in said LeaseAgreement remains in full force and effect according to the terms and conditions contained therein, and said terms and'conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: D. ATED: ,~.'Z///O~ (print n,a~e ) WAtness ( (print name) 'CO- ' S F AGENDA ] 2 AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman Approved as to form and legal sufficiency: Thomas C.-Pa-lme~- ' -- Assistant County Attorney iAGENDA ITEM APR' 2 2 2003 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AND IMPLEMENT A PROCEDURE FOR REPORTING AND RATIFYING STAFF-APPROVED CHANGE ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enhance contract oversight and accountability without delaying or incurring liability pursuant to the delivery of contractual services. CONSIDERATIONS: Under the Board of County Commissioners' current purchasing policy, the County Manager, or his designee, is permitted to authorize change orders to Board-approved contracts. This authorization is limited to changes that are within 10 per cent of the Board- approved dollar amount. In recent months, comments have been received concerning the County's change order process. Some have been focused on enhancing checks and balances within the system and others have pertained to insuring that change orders are executed in a timely and reliable manner. In an effort to address both sets of concerns, the Purchasing Department has worked with various staff to develop a report that summarizes every change to a Board-approved contract authorized by an appropriate staff member. A sample format of the proposed report is enclosed for your review. The enclosed report would be prepared and submitted to the Board on a monthly basis as a consent agenda item with a request that the Board ratify the change orders listed in the report. The report concept and format was developed in tandem with representatives from the Clerk of Courts' agency, the Office of the County Attorney and several County Manager departments. The initial submission of the report would cover the month of April and would be submitted to the Board on May. FISCAL IMPACT: There is no fiscal impact directly associated with this recommendation. GROWTH MANAGEMENT IMPACT: The adoption of this recommendation will facilitate the timely completion of projects required for growth management compliance. RECOMMENDATION: That the Board of County Commissioners direct staff to commence the submission of a monthly change order report, substantially in the format shown in the enclosed. Steve-(~am~ll V* Purchasing/General Services Director REVIEWED BY: REVIEWED BY: ~l~nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Interim Administrative Services Administrator APR 2 2 200 AGF'NDA ITEM APR 2 2 200] Pg. ~ EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 5, CONTRACT 00-3070, DESIGN OF THE DEVELOPMENT SERVICES BUILDING ADDITION AND PARKING GARAGE, TO BARANY SCHMITT SUMMERS WEAVER AND PARTNERS, INC. IN THE AMOUNT OF-$9,000.00. ~ To approve Change Order No. 5, design of the Development Services Building, to Barany Schmitt Summers Weaver and Partners, Inc. for revisions to the design of the Housing and Natural Resources areas as requested by Owner. CONSIDERATION: After the plans were permitted, staff requested a change in space allocation for the Housing and Natural Resources Departments. This change entails additional drawings to amend the already permitted construction drawings. FISCAL IMPACT: Funds are available in the fee supported Community Development Fund 113. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve Change Order No. 5 to Contract 00-3070 with Barany Schmitt Summers Weaver and Partners, Inc.. /f/,l~k Crognale, l:~i~al Project Manager /~Facilities Management DepartmenJ,/. lil¥:~~_ ~~~~/ REVIEWED 'Daniel f~odriguez, Inte~i~or Facilities Managemeu(Department REVIEWED BY: ~A~nistrator Administrative Services Division Date: Date:~_~_ APR 2 2 2003 lpg. CONTRACT MODIFICATION CHECKLIST FORM~ PROJECT NAME: Development Services Bldg Addition & Parking Deck BID/RFP #: 00-3070 MODIFICATION #: 5 NAME OF FIRM: Barany Schmitt Summers Weaver & Partners, Inc. CONTRACT AMOUNT: ORIGINAL $ 703,895 CURRENT $ 703,185 CURRENT COMPLETION DATE(S): ORIGINAL: 10/31/03 CURRENT: 10/31/03 SUMMARY OF PROPOSED CHANGE(S): Housin,q and Natural Resources De?_rtment PROJ # 0000 Chan.qe space allocation to the JUSTIFICATION FOR CHANGE(S): al location, Increase in staff requires chanqe in space PARTIES CONTACTED REGARDING THE CHANGE: Schmitt Administrator Ed Perico, Director, Joe IMPLEMENTATION STEPS (Check each before proceeding with change) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Change is being implemented in a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change PROJECT MANA/gER.~RECO.~ ENDAT~N: Date: Date: Chan.qes were requested by Owners Representative ARCHITECTS BaranySchmittSumme~Weaver Ronald G. Weaver, AIA Eugene C. Schmitt, AIA Daniel A. Summers, AIA Kenneth L. Lamc~, RA Kevin M. Williams, AIA Fort Myers Office [] 1520 Royal Palm Squar~ Blvd. Suite 300 Fort Myers, FL 33919 (239) 278-3838 Fax (239) 275-5356 Naples Office [] 5185 Castello Drive Suite 4 Naples, FL 34103 (239) 643-3103 Fax (239) 643-7435 Website: BSSWatchitects.com License #AA-C001836 Innovation and Performance in .,,a~rchitecttl,re add planning Authorization For Additional Services ColHer County Development Services Addition BSSW Prolect No. 0037 Change Order Number Five Reference: Collier County Work Order 00-07 ATTN: Mr. Jack Crognale DATE: March 17, 2003 OWNER: Collier County Government OWNER FAX: 239-793-3795 The owner has requested Additional Services of Barany Schmitt Summers Weaver & Partners, Inc., as described below or attached, and according to the applicable provisions of the Agreement between, the Owner and the Architect for the above referenced Project. These Additional Services may require the services of Consultants which, if necessary, are identified be!._o_w b__by_nam_e__or_~by d.'kscipline. The Additional Services are: A. Revisions to Housing and Natural Resources for the above referenced project as requested by Ed Perico of Collier County Development Services. The services of the following Consultants and their disciplines will be required: TLC Enflinserinfl The total compensation to the Architect for these Additional Services shall be in the amount of: $ 9,000.'00. The signature below of a representative of the Owner represents its authorization to the Architect to provide the Additional Servi~'pes described in this agreement. Authorized on behalf of the Owner by:///.~/ Printed Name: ack Crof;nale Its: Construction Member Date: , Agreed on behalf of the Architect b : Vice President ~Mr. Daniel A. ~Summers, AIA n o · - -/fZ=..~___.:___--'~ APR 2 2 2003 ARCHITECTS BaranySchmittSummersWeaver Ronald G. Weaver, AIA Eugene C. Schmitt, Daniel A. Summcr~ AIA Fort Myers Office [] 1520 Royal Palm Square Blvd. Suite 3OO Fort Myers, FL 33919 (239) 278-3838 Fax (239) 275-5356 5185 Castello Drive Suite 4 Naples, FL 34103 (239) 643-3103 Fax (239) 643-7435 Website: BSSWarchitects.com License #AA-C001836 Innovation and Performance in Architecture and planning March 17, 2003 Mr. Jack Crognele Collier County Fadlifles Management 3301 East Tamiami Trail, Bldg. W Naples, FL 34112 RE: Collier County Development Services Addition: Revise Office layouts for Housing and Natural Resources PROPOSAL SCOPE OF PROJECT Provide architectural and engineering sen/ices to revise layout of Collier County' Housing' and Natural Resources offices as requested by Ed Perico of Collier.County Development Services. SCOPE OF SERVICES 1. Revise architectural, mechanical, electrical and data documents for new office layouts. 2. Coordinate lighting, electrical and data with Interior Designer for systems furnishings layouts. 3. Issue proposal request to Contractor for new layout and pdcing for changes. 4. Issue documents for permit revisions. 5. Review shop drawings for additional hardware and hollow metal components. C. PROFESSIONAL FEES 1. Architectural fees for revision $ 5,000.00 2. Engineering fees for revision $ 3,500.00 3. Fixed fee for expenses $ 500.00 TOTAL FEES $ 9,000.00 Do TIME 1. Revisions to Documents ready for issue to Contractor shall be complete within ten (10) days from authorization to proceed. PAYMENT 1. 90% of total fee billed upon issue of revised documents. 2. 10% of total fee billed upon completion of shop drawing review. EXECUTIVE SUMMARY APPROVE SURPLUS OF A 1996 FREIGHTLINER MEDIC MASTER AMBULANCE AND DONATION TO THE CITY OF NAPLES. OIME~: Obtoin Board approval to surplus a 1996 Medic Master Freightliner medium duty ambulance, Asset #960122, and donate it to the City of Naples. CONSIDERATIONS..'. Ambulance #20, Asset #960122, was replaced this fiscal year with a new ambulance. The vehicle has 148,000 miles and has transmission problems. The patient compartment box is shorter than the County's newer ambulances and is not compatible with the currrent operational needs of the EMS Department. The box would not be transferred to another truck chassis. With the transmission problems and repair costs of up to $7,000, the auction value is estimated at $8,000-$10,000. The City of Naples has requested that we donate this ambulance · to their Police Departement for use in their SWAT operations. The Board has the discretion to sell or donate surplus property to another local government under Section 274.05, Florida Statutes. An excerpt of the statute follows: "...the governmental unit may offer surplus property to other governmental units in the county or district for sale or donation..." FISCAL IMPACT.:. Loss of $8,000-$10,000 in auction revenues in Fund 522-122465, Motor Pool Capital Recovery Fund. GROWTH MANAGEMENT IMPACT: These actions will have no growth management impact. RECOMMENDATION:. That the Board declare Freightliner Medic Master Ambulance #20, Asset g960122, a surplus vehi~e, and approve that it be donated to the City of Naples. //'~~/~f/~d ' Date: /7//~//~ SUBMITTED BY: 25 Dan'~roft, Fleei Manag~rfent Director ' ~ ' / REVIEWED BY: REVIEWED BY: APPROVED BY: Jeffjl~MS Director Steve Cam6"ll, Purchasing Director Date: ~/?/a 5 Acting Administrative Services A~l~ni'~strator APR' 2 2 2003 ," APPROVAL OF BUDGET AMENDMENTS BCC Agenda of April 22, 2003 Forest Lakes MSTU (Fud 155) Budget Amendment ~03-253 Electricity $500 R¢sel'Ves Reserve for Contingencies (5oo) Total: -0- Explana6on.: Funds are needed to pay for outstanding elecU'ic bills to date and for the remainder of the fiscal year. Operating Reserves Reserve for Contingencies Total: Explanation: MSTD General (Fund 111) Budget Amendment #03-254 $15,320 (15,320) -0- Funds are needed to pay for fleet and electric charges for the remainder of FY 03. AGENDA iTEM No. APR 2 2 Pg. / EXECUTIVE SUMMARY APPROVE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FROM MONTELENA DEVELOPERS, INC. and THE MONTELENA CONDOMINIUM ASSOCIATION FOR THE BENEFIT OF COLLIER COUNTY FOR ANY CLAIMS RESULTING FROM THE CONSTRUCTION AND USE OF AN ELECTRONIC GATED ENTRY BY MONTELENA DEVELOPERS, INC. OBJECTIVE: To obtain Board approval of a Hold Harmless and Indemnification Agreement attached to this Executive Summary. CONSIDERATION: MON'TFJ.F. NA DEVELOPERS, INC., is the record tide owner of certain lands described and graphically rendered, in Exhibit "A" to the attached proposed agreement with Collier County. It is building an electronic gate to the entryway to new residential housing it is constructing. This proposed project is expected to consist of 33 multi-family residential condominium units and build-out is expected to occur in spring 2004. The Project is located on Vineyards Boulevard across from Napa Boulevard. Previously, the site was utilized as the administrative and sales offices for Vineyards Development Corporation. The developer has proposed to widen the existing driveway to accommodate a median and is adding an electronic gate to provide security for the residents The proposed Site Plan includes an interior loop road that provides access to the six residential buildings and a recreation facility consisting of a pool and a bathhouse. A loop road connects to Vineyards Boulevard utilizing the existing driveway that formerly served the administration and sales facility. Vineyards Boulevard is a four-lane divided public roadway with a speed limit of 35 mile per hour (mph). County staff initially had concerns regarding the construction of the gated entryway. In order to overcome these objections, however, the developer obtained a certified traffic analysis report and study from a licensed engineer asserting that the gated entryway will not create a public safety hazard to the public nor a queuing problem. Based upon the certification of the engineer and certain other stipulations regarding the Site Plan, County staff has agreed not to recommend to the Board of County Commissioners the denial of the siting of the electronic gate if the Board approves the Hold Harmless and Indemnification Agreement. The proposed agreement provides that Collier County shall not be involved in the construction of the electronic gate, the widening of the driveway nor shall Collier County be responsible for any claims of any kind resulting from the construction of the electronic gate or the widening of the driveway. Upon approval of.the agreement by the Board, the developer-shall not be opposed by staff and may proce.~l to the construction of the gated entry at the location as set forth on the aforementioned Site Development Plan. The agreement is to be recorded. APR 2 FISCAL IMPACT: None anticipated. GROWTH MANAGl~MENT: This is consistent with the Growth Management Plan. RECOMMENDATION,,: That ~he Board of County Commissioners approve the Hold Han,aless and Indemnification Agreement and order it~ recordation and payment for same by the developer. Prepared by: J~tueli~e Hu~bbard Robinson, /~istant County Attorney Reviewed by: David C. Weigel County Attorney Date: I i Approved by: James V. Mudd County Manager Approved by: Leo Ochs ~ Deputy County~/a~ager Date: Date: .... , APR 22 2003 RPR 15 2003 IO:30RN ~T, I'YP~ .C #6 R638 3, 6104. CU HP LR~ ~, , ! 11 10 / / l 65o' / / I1 I I i 1I !1 -//. 11 !i il !III I!11 Iill !111 .!111.' it!1' '!1.11 !111 II !i !1 II !i. .11 KEY PAD iLOCATION STOP BAR / STOP SIGN I/I ii :.... I/I"/U.E. 15' ~/, MONTELENA ACCESS MANAGEMENT ANALYSIS EXHIBIT PREPARED FOR: Vineyards Development Corporation 75 Vineyards Blvd., #500. Naples, Florida 34119 ~ ~ February 26, 2003 Prepared by Gavin Jones, P.E., AICP Wils nMiller New Directions In Plann/ng, Design & Engineering Table of Contents · Project Location & Description ...........................1 · Trip Generation ................... ; ................................ 1 · Queuing Analysis ................................................. 3 · Intersection Analysis ........................................... 4 · Safety Analysis ..................................................... 5 · Conclusions .......................................................... 6 · Appendix A ........................................................... 7 · Appendix B ........................................................... 9 · AppendixC .......................................................... 10 119121 Vm': 01!-GJONES Introduction This report addresses concerns surrounding the entrance to Montelena, a cluster of townhouses whose access will be a driveway connecting to Vineyards Boulevard directly across from Napa Boulevard. Project Location & Description Site Location - The subject property is an approximately 5.1 acre parcel located in Section 8, Township 49 South, Range 26 East. It is bordered on the south by Vineyards Blvd., on the east by Chardonnay, on the west by Tuscany and on the north by the fifteenth fairway of the Vineyards South Course. A site location map is shown in Figure 1. Project Description - The site is proposed for multi-family residential use. For the purpose of the trip generation analysis the Institute of Transportation Engineers (ITE) land use category 230 (Residential CondominiumFFownhouse) was used. The sole access point proposed is a gated driveway from Vineyards Boulevard, immediately across from Napa Boulevard. In the entering direction, the driveway will be wide enough to accommodate two vehicles, with guests on the left and residents on the right, with separate gate arms for each lane. Guest vehicles will communicate with and get gate activation from residents using an intercom system. Residents will be able to trigger their gate with a remote control device, as is done in other gated enclaves around Vineyards Boulevard. In the exiting direction, the driveway will be wide enough for one vehicle, with entry into the intersection controlled by a stop sign. The proposed driveway depth from the edge of the Vineyards Blvd. curb lane to the gate is forty five feet. Trip Generation The ITE Trip Generation Report, 6th Ed. was used to estimate the number of tdps for 33 townhouses. For that use, the total two-way trips in the PM peak hour is 17 entering, 8 exiting. The complete tdp generation report is contained in Appendix A. APR Z z 2 ,L3 APR 2 ~. 2:,:3 Queuing Analysis WiisonMiller estimated the likelihood that arriving vehicles to the project could back up into the roadway. The throat distance to the gate could just accommodate two passenger vehicles, or one larger vehicle. To be conservative, the chosen critical likelihood was whether a queue longer than one vehicle could occur. Residents will operate their gate with a remote control device. These gates open up and down, and operate very quickly. Vehicles were observed entedng other similarly equipped entrances with no need to stop (or barely slow down) because the gate opened so rapidly. The conservative assumption used here is that this type of gate can serve five vehicles per minute. The number of vehicles arriving in any given time period is a random number, assumed to be Poisson distributed. This is a familiar distribution for traffic engineers, and useful for situations where the average arrival rate is krmwn-ap, d-the probability of the number of arrivals in a short time span is of interest. The average arrival rate used here is 17 vehicles per hour, dedved using the ITE equation published in the Trip Generation Report 6th Ed. The analysis period used is one minute. The average number of arrivals in one minute is 0.28. For any Poisson distribution with average arrivals in the analysis interval = p, the probability that the number of arrivals in the interval will equal exactly x is calculated as: IJ Xe' U/x! In Table 1 these probabilities are calculated for individual arrival possibilities (Note that while the table calls the queue length x because it is the measure of most interest, the x in the formula above is the number of arrivals). It is not surprising that with such a miniscule arrival rate, the most likely number of arrivals in any given minute is zero (75 percent likelihood). The most likely non-zero number of arrivals in any give_n.~!..n_~t~_!_s__0ne (21 percent of the time). For each arrival possibility, the expected queue length at the end of the pedod is the number of arrivals minus the queue service rate. If five (the assumed queue service rate) or fewer vehicles ardve in any given minute, the gate operation will be adequate to prevent a queue developing, and thus the table shows a queue of zero for any of those arrival possibilities. If six vehicles arrive in one minute, the queue at the end of the interval would be one vehicle (since five were served). The probability that the queue will be greater than one is the same as the probability that the number of arrivals will be greater than six, which equals 100 percent minus the probability that the number of arrivals will be less than or equal to six. The cumulative probability that the number of arrivals will be less than or equal to six is virtually 100 percent. Thus the likelihood that a queue of greater than,one vehicle will form in any given minute is effectively zero. 4 Table I - Queue Length Likelihood for Poisson Distributed Arrivals Percentage Probability that Percentage Percentage Queue Length will Probability that x= Queue Length at Probability that be lessthan or Queue Length will Number of arrivals the end of the Queue Length equal to x at the exceed x at the in the interval interval equals x end of the interval end of the intl4'val 0 0 75.33 75.33 24.67 I 0 21.34 96.67 3.33 2 0 3.02 99.69 0.31 3 0 0.29 99.98 0.02 4 0 0.02 100.00 0.00 5 0 0.00 100.00 0.00 6 ~'~ 0.00 100.00 ~ Intersection Analysis WilsonMiller analyzed the performance of the intersection at the project entrance. Turning movement counts were collected from 4 pm to 6 pm on Thursday, February 20, 2003 (see Appendix B). According to Collier County's annual traffic count report, traffic volumes on Vineyards Blvd. had been relatively stable in the last few years (a 2.3 percent drop from 2001 to 2002). For this reason, no inflation in the counted volumes were made to represent background traffic after project completion. Vineyards Blvd. is a four lane divided roadway with a full median opening at Napa Blvd. Outside lanes are shared through/right. For vehicles turning left from Vineyards Blvd., the median opening provides a refuge while the vehicle waits for gaps in oncoming traffic. For vehicles turning left from either Napa Blvd. or the project entrance, the median opening provides storage and allows vehicles to wait for gaps in two stages. Napa Blvd. has two lanes at the stop bar. The exit lane from Montelena will be wide enough for only one vehicle, effectively a shared leftJthrough/dght condition. The lane configuration and the turning movement volumes used in the intersection analysis are shown in Figure 2. Eastbound lefts, westbound dghts and northbound through volumes sum to the ITE PM peak hour entedng volume total (17 vehicles). The southbound movements sum to the ITE PM peak hour exiting volume total (8 vehicles). Entedng and exiting project traffic was assumed to be split roughly equally between the three possible ingress/egress directions. 2/2~ 119121 V~:OINGJOf~S The intersecti,on was analyzed in both unsignalized and signalized conditions with Synchro software. In either condition, overall level of service was LOS A, with average delay less than ten seconds per vehicle. Synchro reports are contained in Appendix C APR 2 z Figure 2 - PM Peak Hour Turning Movements with Project Traffic Safety Analysis WilsonMiller reviewed crash reports for Vineyards Blvd. for the years 2000, 2001 and 2002. In those three years there were no crashes for which the geometry of a gated entrance could be considered a contributing factor. The existing gated enclaves along Vineyards Boulevard range in size from over twice as many to over five times as many dwelling units as the proposed use at Montelena. Queue backups into the travel lan~.3,,,~' ~;v ,, ..... ,,.~,.,,,,.,~,~ Blvd. (whose likelihood at Montelena was shown to be effectively zero) would be more likely at larger enclaves, none of which experienced crashes for which entry geometry/gate operation could be considered a contributing cause. There were crashes at the intersection of Napa Blvd. and Vineyards Blvd. in all three years, predominantly involving failure to yield the right of way. The Montelena site was formedy used as the temporary location of Vineyards Development staff, of which there were over one hundred arriving each day. Montelena will thus be contributing fewer vehicles to the-total entering traffic volume of the intersection. APR 2 Z 2003 Conclusions There is virtually zero likelihood of a queue greater than one vehicle forming at the entry gate to Montelena. Other gated enclaves along Vineyards Blvd. range in size from over twice as many to over five times as many dwelling units as Montelena, and none of them experienced any crashes in a three year period for which entry geometry/gate operation could be. considered a corttributing factor. Montelena will be contributing less entering traffic at the intersection of Vineyards Blvd., and Napa Blvd. than the immediate prior use for the site. The peak season peak hour traffic entering the intersection of Vineyards Blvd. and Napa Blvd. following completion and full occupancy of Montelena is predicted to enjoy Level of Service A operation, with average delay per vehicle less than ten seconds, in either an un-signalized or signalized configuration. APR 2 APPENDIX A - Microtrans Trip Generation Repo~ Montelena Summary of Trip Generation Calculation For 33 Dwelling Units of Residential Condominium / Townhouse Avg. Weekday 2-Way Volume 7.69 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume 0.00 1.00 254 0.11 0.00 1.00 4 0.54 0.00 1.00 18 0.65 0.00 1.00 21 0.50 0.00 1.00 17 0.25 0.00 1.00 8 0.74 0.00 1.00 24 16.58 0.00 1.00 547 Saturday Peak Hour Enter 0.85 Saturday Peak Hour Exit 0.73 Saturday Peak Hour Total 1.58 0.00 1.00 28 0.00 1.00 24 0.00 1.00 52 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: LN(T) = .85LN(X) + 2.564, R^2 = 0.83 LN(T) : .79LN(X) + .298 R^2 = 0.74 0.17 Enter, 0.83 Exit LN(T) = .827LN(X) + .309 R^2 = 0.79 0.67 Enter, 0.33 Exit LN(T) = .808LN(X) + .209 R^2 = 0.78 0.18 Enter, 0.82. Exit LN(T) = .777LN(X) + .59 R^2 : 0.8 0.65 Enter, 0.35 Exit T = 3.615(X) + 427.925, R^2 = 0.84 T = .286(X) + 42.627 T = 3.132(X) + 357.258, R^2 = 0.88 T = .232(X) + 50.009 R^2 = 0.78 , 0.49 Enter, 0.51 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS APPENDIX A - Microtrans Trip Generation Report Vineyards Development Corporation Temporary Office Location Summary of Trip Generation Calculation For 100 Employees of ~eneral Office Building· Avg. Weekday 2-Way Volume 4.54 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM' Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume 0.00 1.00 454 0.57 0.00 1.00 57 0.08 0.00 1.00 8 0.64 0.00 1.00 64 0.16 0.00 1.00 16 0.80 0.00 1.00 80 ...... 0'.'96 0.00 1.00 96 0.73 0.00 1.00 73 Saturday Peak Hour Enter 0.05 Saturday Peak Hour Exit 0.04 Saturday Peak Hour Total 0.09 0.00 1.00 5 0.00 1.00 4 0.00 1.00 9 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: LN(T) : .86LN(X) + .206 R^2 = 0.89 , 0.88 Enter, 4-6 PM Peak Hr. Total:. I : .3~6.9(X) t 59.419 AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Suq. Pk Hr. Total: LN(T) = .844LN(X) + 2.231, R^2 = 0.88 0.12 Exit R^2 = 0.84 0.17 Enter, 0.83. Exit LN(T) = .86LN(X) + .206 R^2 = 0.89 , 0.88 Enter, 0.12 Exit T = .369(X) + 59.419 R^2 = 0.84 0.17 Enter, 0.83 Exit T = .457(X) + 27.2, R^2 = 0.58 LN(T) = .986LN(X) + -2.366 O, R^2 = 0 LN(T) = .715LN(X) + -1.793 R^2 = 0.55 , 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS ~ 11~121 Ver: ~I!-GJONE$ N0217-02~-00~ ~¢'i'A S- APR z .. i_3 APPENDIX B February 20, 2003 Turning Movement Counts Napa Blvd. at Vineyards Blvd. Turn Counts Thursday, February 20, 2003 Interval Eastbound Westbound Northbound Southbound 15 min. 60 min. Start L T R L T R L T R L T R Total Total 4:00 0 39 51 18 44 0 74 2 8 0 0 0 236 4:15 2 35 50 14 34 0 79 0 18 0 0 1. 233 * 4:30 0 38 54 23 41 0 84 0 16 ' 1' 1 0 258,~ 4:45 1 44 34 19 44 0 90 0 11 0 0 0 243 970 5:00 0 21 44 12 49 0 108 0 18 0 0 0 252 986 5:15 0 30 59 21 28 0 80 0 14 0 0 0 232 985 5:30 0 37 52 17 44 0 70 0 14 0 0 0 234 961 5:45 0 22 37 13 37 0 65 0 12 0 0 0 186 904 I ~ 119121 Ve~' 01f-G JONES N0'217-020-OO4- TI'AS- 25623 ]0 APPENDIX C Intersection Analysis 3: Vineyards Blvd. & Montelena 2126/2003 X:~ENG~N0217tsynchroXNapa at Vineyards unsignalized PM Peak. sy6 Lane Configurations ~ ~ Grade OM OM OM OM Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 ~ flo~ rate ' e~: '*;5 * t~ Wa~ng Speed (~s) ........ ~,~ ............ .-, ~?,,.:~ .................. :_~..=~,.~..~ ......... :::::::::::::::::::::: ~-~. ......... ~ . : Percent BIo~ge ~ .., Right turn flare (veh)~ ~ ~ ~ ...... ~ ~ ~ ~ Median ~orage veh) _ 2 2 v~,.°O-pfli~ng Volume __ 18g ....... : :=.':~_:3~::~' '* . '-.* =;';~:' 5~::::~597. vCl, ~age I conf vol 0 0 200 2~0 334 334 v~.~age2confvol., ,0 _. 0 :'~:. 2~ 337.::.:_'. :: .~58,:':~. tC, single (s) 4.1 4,~ 7.5 8.5 6.g 7.5 tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3 ........... - ~" -T"~::~;': ~.4~'''''. pO qb~u'e ~'e'~'~:':~. :'~'~do':~' ~:: '-;' '.:~ g ~'~ .' - :: ~,; :,.- 34/~: ~:~ 02:~:_~99/~:. loc cM capaci~ (veh/h) 1371 12gl 594 538 83g 5~ Volume Total 80 273 105 g8 3gg §8 g ....... "*=---~ Volume Le~ Volume Right 0 Volume to Ca aci~ 0 00 0 Queu· Leng~ (~.~ la s 05 O0 38 O0 228 Q7 lOg Control De y · ~: ~ · . ._; ...... ;~ '~ APproach Delay(s) ICU Level of Service Intersection 2/25/2003-119121 VI.': 01!-G JONES NG217.020-~ TTAS- 25~23 APR 2 z 2003 ]! APPENDIX C Intersection Analysis 3: Vineyards Blvd. & Montelena 2525/2003 Q:~.ENG1N021 ~synchroXNapa at Viney, ards si.onalized PM Peak. sy6 Total Lo~ Tim.e~s~. 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Trailing Detector(R) 0 0 0 0 0 0 0 0 Lane Util. Factor 1.00 0.95 0.95 1.00 0.95 0.95 1.00 1.00 1.00 1.00 1.00 1.00 Fit Protected 0.950 O.gS0 0.950 0.988 SatdL FIo~Q)ro~~,h.'~!_77._0__:.~..0~.1.7.70~: 3510. :. 0,:,,17~70~-..!..~...~;.,_0.: ..::~_ Fit Permitted 0.632 0.537 0.720 0.955 Right Turn on Red Yes Yes Yes Yes H.ea.d~aY..F~c~or ..... 1.:00. . 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Link Distance (ft) 354 356 208 17~ Trave!..Ti._m~(s)_'~:: .... ::~"..~ j ..... S.Q:~*~ .....J~.~ i,._ 8.1 .... ~:_-~,.4.7. j,~"=i.~ i ...._.:.~.:_: V.01u. m e.(v_ph) ................ .5._ 138 182 08 168 6 301 0 63 2 3 3 Peak Hour Factor j4..:...Q._92.._.O g2;~!**D'iO2:- O.g211:. 0.92 0.92- ' 0.92'i~' 0~g2'::*0.g2 ' 0.92 A. dj.~F_!ov~(vph) ............. 5 ....!50 ___1. ~.8._ _. 7..4..~ 183 7 392 7 68 2 3 3 Turn Type Perm Perm pm+pt Perm -~z-.~_-'~:"~.' ~.~;-~;~::, -~-"-~'. ::-~ ~1 ~ ' ::~%~,::: :,:-%-;,'27~'¢~.-.; ~/?;;.'-~:-~:-,-,:;. Permitted Phases 4 8 2 Minimum Initial (s) 10.0 10.0 10.0 10.0 7.0 10.0 10.0 10.0 Total Split(s) 22.0 22.0 0.0 22.0 22.0 0.0 ~_11.0~_3~.~.__~,~_.0_.0~._._22_.0 Maximum Green (s) 1~.0 1~.0 1~.0 1~.0 7.0 .,~27.0 1~.0 1§.._0.~.~ AIt-~ed Time (s) ~ ~2~? 2.~_~,~,~,, 2.~ 2.0 0.5 2.0 2.0 2.0 Lead-Lag Optimize? ,~- Y~ Yes ..... ~-~' --~'~' '- ......... ::~ .. .~" --'~r ...... :::m~, ,~-''~ --,, ~ ':.-,.:'::' 7:;7 ....~: Recall Mode None None None None None Max Max Max Flash Dont Walk (s) 11.0 11.0 11.0 11.0_.~ 11.0 11.0 11.0 Act Effc~ Green (s) 12.9 12.g 12.g 12.9 2g.o 2g.O 18.0 v/o Ratio 0,02 0.35 0.29 0.21 0.47 o.oe 0.01 Delay 13.0 0.8 15.3 14.0 0.3 2.0 A~proaoh Delay O.g ~ 14.4 5.0 g.O 90th %lie Green (s) 13.7 13.7 13.7 13.7 7.0 27.0 1§.0 1§.0 APR' 2OO3 2/25~2003-11912't V~r 0~!- GJO~I£$ APPENDIX C Intersection Analysis 3: Vineyards Blvd. & Montelena Q:~NO~I0217~.synchroINapa at Vineyards si~lnalized PM Peaks¥6 -* --* % *- *'% t 2125/2003 70th ~ile Green (;) 10 7 10 7 10.7 10.7 7.0 27.0 1~.0 ~th ~ile Green(s) 10.0 10~_ 10.0 10.0 7.0 27.0 16.0 16.0. 30th ~ile Green ~) 10.0 10.0 10.0 10.0 ~ 7.0 27.0 1~.0 10th*~Green(s) 10.0 10.0 10.0 10.0 7.0 27.0 t0.0 e~ Co~ - Mi ~-~Min Hold.~ ~o~-- M~, M~~ Oueue Length 50th (~) I 17 17 21 ~ 1 Internal Li~ Diffi (~) 274 270 1~ gSth Up BIo~ Time (%) ..................... G% ........... 50th B~yBIo~ Time ~ Queuing Penal~ (veh) Area Type: Other · ': ........... :~t: =~:'-*'-.='~.:~~~~*m:-':' '.*' A~uated Cycle Length: ~:~?.~'"~.~.~ '-. ..... := '7' ~'=~...~ :~:~..~-, ~ ~.~ -,~:~:.%:; Control Type: Semi A~.Uncoord ~6m ~ ........ ,?..,~-.~, ....... ~-=~ .... Inte~e~ion Signal Delay: 8.1 Inte~e~ion LOS: A Inte~n Capa~ U~l~on~,3~ .... :~_ _'. ICU_Level..0f Se~oe A.:~:-_.: j;~~~)~:~- goth ~ile Aduated Cycle: 52.7 50th %lie Aduated Cycle: ~ ~th ~ile Aduated Cycle: ~ :_~ ...... - ~ ~ ......... c.::: 10th ~ile A~uated Cycle: ~ ' )lits and Phases: 3: Vineyards Blvd. & Montelena .... * L;.J ,? APR 2 2 2003 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR $50,600 TO COMPLETE THE IMMOKALEE INDUSTRIAL PARK IMPROVEMENT PROJECT 33327. OBJECTIVE: To provide funding to complete the construction of the Industrial Park Improvement Project at Immokalee Regional Airport. CONSIDERATIONS: Previously, the Board of County Commissioners, at its May 2, 2000 meeting, approved the acceptance of a $1,230,000 grant from the Economic Development Administration (EDA) to be applied towards a $1,705,000 construction project for infrastructure improvements at the Immokalee Regional Airport (Project No. 33327). The project consists primarily of the extension of Airpark Blvd., the construction of a campground, and the obtaining of an environmental resource permit. The EDA grant amount was subsequently reduced to $1,078,500, thereby bringing the total project cost down to $1,553,500. For accounting and budget purposes, the project was divided into two parts: Project 33327 in the amount of $1,203,500 for the extension of Airpark Blvd. and the construction of the campground; and Project 33343 in the amount of $350,000 for the environmental resource permit. Thus far, expenditures have been made and contracts have been let for an amount totaling $1,174,600 for Project 33327. It is estimated that an additional $79,500 will be needed to complete the project, bringing the total construction costs to $1,254,100. With a currently approved construction budget of $1,203,500, it is necessary to increase the approved budget by $50,600 in order to complete the project. That amount can be transferred from the Reserve for Capital Outlay in Fund 496, which currently has a balance of $79,200. The primary reason for the project going over the original construction budget is that the original design had to be changed to comply with County requirements. The requirements involved additional landscaping, additional signage, and the lengthening of a cross drainpipe to accommodate a required additional sidewalk. FISCAL IMPACT: The construction budget for the Industrial Park Improvement Project (Project No. 33327) in Airport Authority Grant Fund (496) will increase by $50,600. To fund the increase, a budget amendment will be made decreasing the balance in the Reserve for Capital Outlay in the Airport Authority Grant Fund (496) by $50,600. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment to transfer $50,600 from the Reserve for Capital Outlay in Airport Authority Grant Fund (496) to the project budget for Project No. 33327 to complet~._th.e_l.n_d..u_s!rial Park Improvement Project at the Immokalee Regional Airport..:~, ic,,~ APR Pg.__ / ,.. PREPARED BY: 'Bob Titus, Finance Manager /.C/Bob~Tweedie, Acting Executive Director APPROVED BY: (~?llWest, Chairman Collier County Airport Authority AGENDA ITEM NO. /¢. G-- ~ I APR 2 2 2003 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 22, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Bo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for March 22, 2003 through March 28, 2003 Minutes: 1. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of February 19, 2003 and Agenda and Minutes of February 26, 2003. 2. Lo~cV~'e~evelopment Advisory Board- Agenda for March 26, 2003. 3. Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for April 3, 2003, Minutes of March 6, 2003. 4. Isles of Capri Fire/Rescue Advisory Board Summary - Agenda and Minutes of March 6, 2003. 5. Productivity Committee - Minutes of February 19. 2003. AGENDA ITEM APR 2 2 2003 H:Data/Format . EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from March 15, 2003 through April 11, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State laxv, 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 15, 2003 through April 11, 2003. This report is available for inspection and revie;v in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPA CT: 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. Prepared By: ~ ,7~'. ~ Date: Jarntss L. Mitchell, CIA, CF , CBA Director of Finance and Accounting Reviewed and Approved By: ~q~k Johnssen General Accounting Manager Date: AGE:,iDA No. /~.0--" {._. Pg._ / _ EXECUTIVE SUMMARY RECOMI~END THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM. To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION= 1. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for fourteen years. 2. The Collier County Program has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $210,238 for State Fiscal Year 2004 Collier County grants. 4. The Sheriff's Office will seek fifteenth year Edward Byrne Grants for authorized grant program areas including but not limited to Juvenile Intensive Supervision, Anti-Terrorism Training and Equipment, Community Crime Prevention, and Community Policing. 5. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, the Sheriff's Office grant applications for fiscal year 2003/2004, to authorize acceptance of awards, and associated budget amendments. FISCAL IMPACT: Twenty five (25%) percent local matching funds, $70,079 drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602- 919010-991000) or general operating funds as available. ~ROWTHMANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government and authorize the Board Chairman to execute the Certification of Participation for fifteenth year funding, approve the Sheriff's Office grant applications for fiscal year 2003/2004, authorize acceptance of awards, and approve associated budget amendments. Certification of Confiscated Trust Fund Request This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: DATE: Jh/xscD4 ~Et~I-K. Kinzel, FinanCe Director Do~ ~u~er, 5nerl April 11, 2003 APR 2 2 Z0,33 CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2003 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: ,3~?¢, ~,,,-~n Title: Grant Coordinator E-mail address: qrants~colliersheriff, orq Agency:_ cn~ 1 ~ ~r ¢'n,,nf'¥ .~hpr'i ff' ~ Off~ n~ Address: 3301 T~i~i Trail ~st, Bldg. J-l, Naples, Telephone: 239-793-9346 Count: Collier F1. 3411 2 Date: ~nr~l q~ 2(103, Sincerely, Chair, Board of County Commissioners Enclosure2 Date: ITEM NO: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) April 11, 2003 To: Office of the County Attorney, Attention: Thomas Palmer, Eso. From: Crystal K. Kinzel , (Name) Sheriff's Office (Division) Anti-Drug Abuse Grant Proqram ( Subject ) Re: Finance Director (Title) Finance Division (Department) BACKGROUND OF REQUEST/PROBLEM: (Describe probl~ Md give backgro~d info~a~ion - be s~ecific, concise, and ar~icu!a~e). Fiscal year 2003/2004 Anti-Drug Abuse Grants Program (Edward Byrne Grant) grant funding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to 1. Seek appointment of the Collier County Commission as the coordinating unit of government for Byrne Grants and execute the Certification of Participation. 2. Approve Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. 3. Approve acceptance of awards and associated budget documents. (Are there doc'umen~s or other information needed to review this matter? If yes, attach and reference this information) · THIS ITEM ~IAS/~AS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide Co%tnty Attorney's Office file nu~mber.) ACTION REQUESTED: (Be very siDecific. Identify exactly what you need in the way of legal services.) Legal approval of Certification of Participation. OTHER COMI~NTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a: legbyrnecertpar t 04 EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 102A, 102B, 102C AND 103 IN THE LAWSUIT STYLED COLLIER COUNTY V. 520 FIFTH AVENUE COMPANY LP, ET AL., CASE NO. 02-1766- CA (LIVINGSTON ROAD, PROJECT NO. 62071) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcels 102A, 102B, 102C and 103 for the Livingston Road Project (Pine Ridge Road to Immokalee Road) in the lawsuit styled Collier County v. 520 Fifth Avenue Company LP, et al., Case No. 02-1766-CA. CONSIDERATIONS: On August 27, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road Project No. 62071 (Pine Ridge Road to Immokalee Road). On September 16, 2000, Collier County deposited with the Registry of the Court the sum of $1,790,400.00 for Parcels 102A, 102B, 102C and 103 in accordance with the Order of Taking. A Mediation Conference was held on March 31, 2003 in which the parties reached a settlement agreement whereby the property owners, 520 Fifth Avenue Company, LP, M. J. Propp ',gk/a Mortimer J. Propp, Ephraim Propp, Helen Heller a/'k/a Helen Propp and 520 Broadway Company, LP, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-98). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $1,946,000.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding expert fees and costs under Section 73.092(i), F.S. The Mediated Settlement Agreement provides for $136,356.25 to be paid to Respondents for attorney's fees pursuant to Section 73.092(1), F.S. Respondents have also agreed outside of the Mediated Settlement Agreement to accept the aggregate sum of $6800.00 for appraisal fees. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of $155,600.00 with the Registry of the Court. By adding the sum of $143,156.25 the deposit is increased to $298,756.25. FISCAL IMPACT: Funds in the amount of $298,756.25 are available in the FY 03 budget. Source of funds are Gas Taxes and Impact Fees. --~- ~NDA liEU no. tt, s' f APR 2 2 2003 pg. "1' GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the expenditure of funds as stated; approve the attached Mediated Settlement Agreement; and approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement and statutory attorney's fees and reasonable expert fees to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. A~9a~'Assistan~ty Attorney /r~vin I-l~endri ~1~, ROW Acqu~ Manage,' Transportati{ /ECM/ROW Gregg Strakaluse, P.E., Director Transp?~ation/ECM Norrr}/~eder, Administrator Tranlportation Division Date: t-'//2 /0-~ Date: Date: Date: Date: h: Lit~EmDomainX520XExSum-Mediation AGENDA iTE~,.t no.-!-/' ./1' ( APR 2 2 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, I~LORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: Parcel Nos.: 02-1766-CA-HDH 102A, 102B, 102C, 103 520 FIFTH AVENUE COMPANY LP, et al. Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on March 31, 2003, the parties reached the following Settlement Agreement: ~i~.~ ff~)4~. ~4vot~u~ ~-o~10o~ C .~, 1. Petitioner ~11 pay to Defegd~t(s), m. ~. ~ dk[o ~t~r ~~, - . · . , - · · the sm of ~'/, ~, ~- ~ in ~11 seUlement of all clmms for cffmpensat~on ~om Petmonet whatsoever, including statuto~ interest, but excluding a~omey's fees, expels' fees, ~d costs. 2. Petitioner is entitled to a credit in the amount of 0'/) 77Oj which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Defendant(s) the balance due of ~/5'~', ~OO. a,~/oo within ..,~O days of the actual date of receipt by Petitioner's counsel of a certified copy of the aforesaid Stipulated Final Judgment. from the Court. 5. This Agreement is subject to Commissionersof C,,,~,~,,,~' --'-"- ,.. .... .,. · EXHIBIT approval by the Board of County AGENDA iT~M/ NO. APR 2 2 2C,03 p~ .... ~_ ........ 6. The Court will retain jurisdiction Defendant's(s) atto, rney's fees, experts' fees, and costs. herein as to the matter of Attached hereto is an addendum to this Agreement. Yes ',/ No agreements of the parties. This Agreement and the attached addendum, if any, contain(s) all of the Petitioner ' Attorney fo~ Petitioner Defendant Attorney for Defendant5 EXECUTIVE SUMMARY APPROVE THE OFFER OF JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 177 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 Respondents, Mohammed M. Rahman and Fahmida Rahman ("Respondents"), in the amount of $45,400, as full compensation, for the condemnation of Parcel 177, 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 177 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $32,500 for Parcel 177 in accordance with the Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owner of this Parcel, Mohammed M. Rahman and Fahmida Rahman, the sum of $45,400 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, and costs to cure, but not including attorney's fees 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 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 $12,900 into the registry, and the total sum of funds on deposit, or $45,400, plus statutory attorney's fees, will be paid to Respondents by Stipulated Final Judgment of the court. If Respondents reject the offer, and fail to recover more than $45,400 for Parcel No. 177, either through settlement or jury verdict, the County xvill not be required to pay any costs incurred by Respondents after the date of the offer's rejection. This xvould 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 $12,900.00 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: Approve the terms of the Offer of Judgment and authorize its service on Respondents, and Approve the expenditure of funds as stated; and Authorize $12,900 to be paid into the Registry of the Court in the Judgment is accepted by Respondents; and NO. __~ APR 2 2 2003 Approve Stipulated Final Judgment, including statutory attorney's fees, based on the acceptance of the Offer of Judgment. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: H idi F-Ashton Assistant County. Attorney .~l~e~n~s, ROW Acquisition Manager Transgort~tioff~O~ Gregg Strakaluse,'~Director Transportation/ECM N /~d~ff~r ator I · Transportation Division / David C. Weigel, Counff/)Attomey Date: Date: / i/ Date: Date: APR 2 2 2003 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 ParcelNo.: 177 VS. BIG CORKSCREW ISLAND FIRE DISTRICT, et al., Respondents. TO: / OFFER OF JUDGMENT Mohammed M. Rahman c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 9" _.~20 First Street, Suite 1000 Fort Myers, FL 33901 Falunida Rahman 583 107th Avenue N. Naples, FL 34108 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, MOHAMMED M. RAHMAN and FAHMIDA RAHMAN, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, MOHAMMED M. RAHMAN and FAHMIDA RAHMEN, arising out of the taking of Parcel 177, in the total amount of Forty Five Thousand Four Hundred and No/100 Dollars ($45,400.00), for Parcel 177, which includes the amount of $32,500.00 which was deposited pursuant to the Order of Taking dated September 5, 2002. 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 or attorney~ fees and costs.. 22 2a03 pg. 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 Respondents' review upon reasonable notice of such a request. Dated this __ day of April, 2003. OFFICE OF THE COUNTY ATTORNEY Ham~on Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail, to Kenneth A. Jones Esquire, ROETZEL & ANDRESS. 2320 First Street, Suite 1000, Fort Myers, FL 33901, and to Fattrnida Rahman, 583 I07th Avenue N., Naples, FL 34108, on this __ day of April, 2003. HEIDI F. ASHTON, ESQUIRE APR 2 2 2aa3 Pg. EXECUTIVE SUMMARY REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS' TO AUTHORIZE' CINCO DE MAYO ANNUAL FESTIVAL TO BE HELD AT THE IMMOKALEE AIRPORT, INCLUDING SALE OF ALCOHOL AND WAIVE THE SIXTY-DAY APPLICATION PERIOD. OBJECTIVE: Request for the Board of County Commissioners to authorize Cinco de Mayo Annual Festival to be held at the Immokalee Airport, including sale of alcohol and waive the sixty-day application period. CONSIDERATIONS: The annual Cinco de Mayo Festival is scheduled to be held on Saturday, May 3, 2003 at the Immokalee Airport, the sit,of last year's successful event. The Cinco de Mayo organizing committee has obtained: a letter of the Immokalee Airport Manager approving the use of the premises (same as last year's); the appropriate certification / rider of liability insurance with Collier County and the Airport Authority as additional insured; the State event / alcohol sales permit; a contract for water / sanitary services; the Collier County Sheriff Law Enforcement Special Detail Agreement; and fire / safety inspection by the Immokalee Fire and Rescue Department. FISCAL IMPACT: The Cinco de Mayo organization shall pay the $100.00 outdoor festival fee pursuant to Collier County Ordinance No. 70-11. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the Cinco de Mayo Festival May 3, 2003 at the Immokalee Airport, authorizing the sale of alcohol and waiving the 60 day application period under Ordinance 70-11. SUBMIITrED BY- /~~Ni Co'trial, Coh'ffn~ssionei;, Distri REVIEWED BY: David C. Weigel, Cou~nty Att~ey DATE: DATE: APR 2 2 2aa3 COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 (941) 642-7878 Fax (941) 394-3515 www. collie raj r ports.com May 1,2002 Hispanic Heritage Celebration, Inc. Attn: John Norman P.O. Box 2393 Immokalee, FL 34143-2393 Dear John: The Collier County Airport Authority hereby grants you permission to utilize the "Parade Field" located on the Southwest section of the Immokalee Regional Airport for the Cinco De Mayo celebration on Saturday, May 3, 2003. You will be charged $150.00 per day for two days, which is consistent with the Collier County Airport Authority Leasing Policy. If you have any questions please call me 239-657-9003. Sincerely yours, John W. Kirchner Airport Manager r-i Marco Island Executive Airport 2003 Mainsail Drive Naples, FL 34114 (941) 394-3355 (941) 394-3515 Fax I'-I Immokalee RegionalAirport 165 Airport Boulevard Immokalee, FL 34142 (941) 657-9003 (941) 657-9191 Fax APR ~ ~. 2°003 r"l Everglades Airpark P.O. Box 689 650 E.C. Airpark Road Everglades City, FL 34139 (941 ) 695-2778 (941) 695-3558 Fax LETTER OF AGREEMENT BETWEEN HISPANIC HERITAGE CELEBRATION, INC AND THE COLLIER COUNTY AIRPORT AUTHORITY AT THE IMMOKALEE REGIONAL AIRPORT Attn: John Norman P.O. Box 2393 Immokalee, FL 34143-2393 Collier County Airport Authority 2800 N. Horseshoe Drive Naples, FL 33942 This agreement between Hispanic Hedtage Celebration, Inc. (user) and the Collier County Airport Authority (Authority) is for the temporary use of the track of land shown in Exhibit "A". The land shall be for the sole use of Cinco De Mayo. Whereas the user satisfies all Authority requirements, then the Collier County Airport Authority shall approve the use of the land. It is agreed that no activity will be allowed which in the sole discretion of the Authority interferes with the safe operation of the Airport, or which constitutes an extreme hazard under the Airport Height Zoning Regulations. The operation shall be limited to the area depicted on Exhibit "A" and the user will be responsible for all public control, security, clean-up of the site, and returning the site to its original condition after use. The user will be permitted to take control of the area depicted on Exhibit "A" effective May 3, 2003, through sunset of May 4, 2003. This Agreement and the user's occupancy of said area shall be at no cost to the Authority. o The user agrees to maintain and enforce during this event Comprehensive General Liability Insurance in the amount not less than $500,000 and will add the Airport Authority and Board of County Commissioners as an additional insured. An acceptable Certificate of Insurance evidenced such coverage shall be delivered to the Authority prior to the approval of this Letter of Agreement. The user agrees that its activity will not create a public nuisance and that the activity proposed shall be conducted in accordance with all Federal, State and local laws. o The user shall identify and perform adequate measures to ensure that no persons are permitted to wander outside the area depicted on Exhibit "A". The user shall submit an acceptable plan identifying details, schedules, and personnel required to successfully conduct the proposed activity prior to the Authority approving this Letter of Agreement. Once the plan is approved, it shall become part of this Letter of Agreement and it shall adequately address and include the following points of concern: -1- APR z ', 2C,33 ao Access to the area; b. Access to the Airport; c. Control of persons from wandering outside area identified on Exhibit "A"; d. Control of the flow of traffic; e. Parking Plan; f. Any temporary construction (fences, corals, port-o-lets...)' g. Bleacher and tent locations and heights; h. Emergency Safety Plan; i. Ground Control; j. Concession Plan; k. Weather Contingency Plan including alternative days; I. Cleanup operations; m. Advertising and community impact. o The user agrees to indemnify and save harmless the Authority, Board of County Commissioners, members of their boards, their officers agents, and employees of and from all claims, demands, debts, liabilities, and cause of action (including attorney fees and cost) what so ever resulting from its operations at the Airport of while in or upon or with respect to the use of any part thereof. o Agreed: Fees: For the privilege of using the area depicted on Exhibit "A: the user shall pay in advance $300.00 plus applicable sales tax of $18.00. sCgnature of Authorized Representative Date Type Name Phone Address Notary: In signing this document, the above individual warrants and certifies that he is a bonafide representative of the user and has full authority to obligate said user of the provisions agreed to herein. Approved: -- ~~ate Airport Manager Collier County Airport Authority Notary: -2- Vendor Parking :t Titanic slide & vendor I Barricades s~p~OI.L'~8 Car Show This is a relative depiction. On-site modifications of placement may exist. {SJ~)l~J~ ~Oq$ I~) ' APR z z 2033 BRUCE HENDRY ZNSURANCE 711 West Main Street [mmokalee FL 34142 Phone (239) 657-3614 Fax (239] 657-6468 Attention: DZGNA From: KAREN HENDRY Company: Date: April 8, 2003 Fax number: RE: CINCO DE MAYO Urgent Reply ASAP Please endorse Please review For your information Total pages, including cover: ! pages Comme~.: DIGNA, PEP, OUR PHONE CONVERSATiON I HAV£ SECURED A QUOTE FOR 'rile C/NCO DE MAYO FESTIVAL MAY 3~'c, 2003. THE EVENT PREMIUM IS $1500. $ 1,000,000 LIABILITY $1,000,000 LIQUOR LIABILITY ADD INSURED'S, COLLIER CO AND AIRPORT I AM STILL WAITING ON ADDI'T'IONAL QUOTES, HOWEVER THE ABOVE I5 A FIRM QUOTE WITH IMHEDIATE BINDING. THANK YOU FOR YOUR BUSINESS! Rpr' 14 09 04: 19p CCPRD Rpr' 14 O~ 04:44p ROBIN R. YOUHRNS 239-27~-91~? p.2 ~~~ T& M P or lab lc ReSlroom5. laC.po Box 610 TOt~ Free - Equipmenl Rental Agreement Res~rooms, Inc. as lessor, and · d .~ ,. TERMS AND CON DtTIONS: Or dC~lru:~On ~f thc c~:i~mcm ~ s~p2~s. L~ s~Jl nmify Lms~ i~edial~ly of any ii.fL damage or d~l~uc~ of~e cqu,~ot or sup~li;s 2. All equipn~nl ~s~s or damJ~e~ ~f b:d~',y ~.;u~ or p~o~:l~y ~amag~ ~slng out of t]~ usc. o~r~d0~ ~ pos~cssi~ of t]~ ~uip~nt whc~r ot ~t it b: ¢laimce or to:cd ~ such ~magc ~ultcd in wh~e o~ in p~ frem l. css~r's negligcls;e fro~ thc dsf~oi';c 4 I.css~ ag~zcs to p3~ al~ :~nt~d chargcs ~hcr due a~ ~::~ lo pay L~cr's c~ OI C~I~cl o~, including ~caso~a~tc aUorntys' De$criotion/Urit · { ~ Dat~To J Cleaning/ , week Rate/Billing, Cycle Total Rent ! AGREE TO THE ABOVF~ TERMS AND ~3~'DITION$. TAa'.k you for le~ing us setve you, we si. cert(v apgteciate your b~$ilI~.~. COt. UE~ cool, trY ~F..mFF'S O~Fi..C_E.._;MENT ~, Ha [BB, Flodda, flecem~er referm~ ~ Ioflda, hemmer m~ee ~ a, CONT~GTO~ THIS AGREEMENT. enter~ I~e ~a ~ Sh?~s ~1~, DON HUNTER, SHERIFF ~ C shall ~ ~s ~n~ e~ension war r~ah a~ive far ~e ps,od of one (1) year ~rmi~ing on ~ O~ T~ Htlm~ min~u~.[~, bleed on ~nt Iffo~ion, ~e $ ~ lo $~ P~ hour per FULL PAYMENT IN ADVANCE M% DEPOSIT REQUIRED NO DEPOSIT REQUIRED/TOTAL DUE UPON BILLING IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS INSTRUMENT ON THEIR AS AppROVED AS TO FORM AND LEGAL BEHALF, AT THE DATES SET FORTH BELOW. SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: Dat. · ~mv.~ ["]Not Approved .~N~l~roved E]Not/~prove~ ~pro,~ed E]Not Al:proved E]Approvect [~hl~t Approved APR 2 2 7.003 ::-:-,,___ ~0 ~o~ ~__~o "f' C.) c~_~ ~j APR 2 2 2008 EXECUTIVE SUMMARY SE-03-AR-3928, AN ORDINANCE AMENDING ORDINANCE 02-47, THE ASGM BUSINESS CENTER OF NAPLES PUD TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL OMISSION OF THE CONCEPTUAL PUD MASTER PLAN IN THE TRANSMITTAL COPY OF THE ADOPTED PUD TO THE DEPARTMENT OF STATE FOR THE PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting from the unintentional omission of the Conceptual PUD Master Plan of Ordinance 02-47 (the ASGM Business Center of Naples PUD) that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners on October 8, 2002 approved Ordinance Number 02-47. This action provided for the rezoning of the subject site from "A" Rural Agricultural to "PUD" Planned Unit Development called the ASGM Business Center of Naples PUD allowing for a business park uses. Planning Services Staff subsequently discovered that the Conceptual PUD Master Plan (Exhibit "A") xvas unintentionally omitted from the transmittal copy of the adopted PUD Ordinance sent to the Department of State. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to include the Conceptual PUD Master Plan to the ASGM Business Center PUD that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities.lin th~ rll~ t~' that impact fee collections are inadequate to maintain adopted levels of service, the ~our~_must [~ r-/ provide supplemental funds from other revenue sources in order to build needed facilities. APR 2 2 2003 GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 02-47. PREPARED BY: ~, RAY gELLOW§, CHIEF PLANNER CURRENT PLANNING SECTION 4' .Z. oS DATE REVIEWED BY: SU.S/AN MURRAY, AICP, MANAGER ! CU~T PLANNING pMLAARGNNA~RE~~pAIACRP~IET/TOR DATE DATE APPROVED BY: / ~(O)~kPH K. SCf-IMITT ADMINISTRATOR /CfhMMUNITY DEV. AND ENVIRONMENTAL SVCS. Scrivener's Error/EX SUMMARY/AR-3928/RVB/rb DATE APR 2'2 2003 ORDINANCE NO. 03-_.__ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 02-47, WHICH ESTABLISHED THE ASGM BUSINESS CENTER OF NAPLES PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COllIER BOIJLEVARD (S.R.951) IN SECTION 10, TOWNSHIP 51 SoLrrH, RANGE 26 EAST, CO!I.IER COUNTY, FLORIDA, TO CORRECT A SCRIVEtqER'S ERROR RESULTING FROM THE LrNINTEN~ONAL OMMISSION OF THE CONCEPTUAL PUD MASTER PLAN, EXHIBIT "A", IN THE TRANSMITrAL COPY OF THE ADOPTED PUD TO THE DEPARTMENT OF STATE AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board o! Commissioners adopted Ordinance No. 02-47, which established the ASGM Business Center of Naples PUD on October 8, 2002, and WHEREAS, upon receipt of the Department of State's recorded copy of Ordinance No. 02-47 ASGM Business Center of Naples PUD, it was determined that the conceptual ASGM PUD Master Plan, Exhibit "A" to that Ordinance had not been transmitted with the PUD Document to the Department of State for recording; and WHEREAS, the October $, 2002 agenda packet of the Board of County Commissioners contained the entire PUD document and conceptual PUD Master Plan; and WHEREAS, the omission of the conceptual ASGM PUD Master Plan, Exhibit "A" in the transmittal copy to the Department of State constitutes a scrivener's error, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Ordinance Number 02-47, ASGM Business Center of Naples PUD is hereby amended to include the conceptual pUDMaster Plan, Exhibit "A" which is attached hereto, and incorporated by reference herein as Exhibit "A". SECTION ONE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY-ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. APR 2 Z 2003 A'ITEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma[j0tqe M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COl .I.IFR COUNTY, FLORIDA BY: TOM HENNING, ~ SE-2003-AR-3928/RBdRo APR 22..2003 } 1 EXECUTIVE SUMMARy CU-2002-AR-2866 MARIO VALLE OF CREATIVE HOMES, REQUESTING A CONDITIONAL USE IN THE "E" ESTATES ZONING DISTRICT PER LDC SECTION 2.2.3.3.7, TO ALLOW A LAKE EXCAVATION ON 5.0 ACRES LOCATED AT 4225 31sx AVENUE NE AND 4235 31sx AVENUE NE, FURTHER DESCRIBED AS TRACT 73, GOLDEN GATE ESTATES UNIT 67, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations along with the recommendations of the CCPC regarding the above referenced conditional use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner seeks a Conditional Use for a lake excavation to allow approximately 32,000 cubic yards of material to be removed over a two-year period. Creative Homes will use the removed material for their own purpose. Approximately 2,000 truckloads of fill at 16 cubic yards per truck will be moved off-site. The hours of operation will be limited to those associated with the commercial excavation permit and the truck haul activity will be limited from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. An average of 3.2 trips per day can be expected based upon the hours of operation, the amount of fill expected to be removed and the two-year time frame established for the conditional use. Access will be from 31st Avenue to the site. The application indicates trucks will be accessing the site via Everglades Boulevard, to Oil Well Road, to Desoto Boulevard, to 31st Avenue NE, then onto the site. Departure from the site will be distributed between north, south and southwest bearing destinations. For locations to the south, trucks will be leaving the site via 31st Avenue NE turning right on Desoto Boulevard. For locations to the north, trucks will leave the site via 31st Avenue NE turn left on Desoto Boulevard, turn left on Oil Well Road and right on Everglades Boulevard. For locations to the southwest, trucks will leave the site via 31st Avenue NE turn left on Desoto Boulevard, turn left on Oil Well Road and left on Everglades Boulevard. The subject parcel is surrounded on all sides by vacant properties. There is one residence approximately 500 feet to the east of the property and there are a limited number of residences (six) within a half-mile radius of the subject site. Due to the proximity of the nearest residential structure, the hours and days of operations will be limited and the length of the conditional use is recommended to be limited to two years. The two-year limitation for the condition [ u~e. in addition to this sparse current pattern of development, are the factors that make the compatible with the surrounding area. The site is expected to average 3.2 haul trips cce[~. Page 1 of 5 APR 2 2 2003 per day for the time period provided. The result of the mining activity will be a 2 acre lake, which when complete will increase the aesthetics and property values of the surrounding properties. The parcel is located wholly within the "E" Estates zoning district. Limited excavations are allowed within the Estates district as accessory uses, however the proposed use exceeds the limits for an accessory use, therefore conditional use approval is required. FISCAL IMPACT: There no fiscal impacts to the county other than the fees imposed upon the applicant in relation to the commercial excavation permit. The applicant must receive approval of, and pay the appropriate fees for, an excavation permit that includes; the application fee, the cubic yardage fee and the annual renewal fee. As part of the excavation permit approval process, the applicant may be required to post a performance guarantee. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change Management Plan. the requirements of the Growth ENVIRONMENTAL ISSUES: Creative Homes, working through the South Florida Water Management District, has obtained a No Notice General Permit for the lake excavation project. The issuance of this determination from the SFWMD satisfies the environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The LAC did not review this petition because the site size does not meet the threshold to require that review. Page 2 of 5 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at the March 20, 2003 CCPC meeting. The Commission motioned to forward petition CU-2002-AR-2866 with a recommendation of APPROVAL WITH CONDITIONS. The MOTION PASSED UNANIMOUSLY. APR 2OO3 PLANNING SERVICES STAFF RECOMMENDATION...:. Staff has recommended conditions to be attached to any approval for this petition. The conditions are listed below: 1. The Current Planning Manager may approve minor changes in the location, sitting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and apProved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. 4. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. 5. Blasting shall not be allowed. 6. The excavation will be limited to a bottom elevation of 20 feet below original grade. 7. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 8. The applicant must obtain a cleating permit prior to any on-site clearing. 9. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, a claim being made under the performance bond(s), and no "Notice To Proceed" will be provided until such time as the construction the required improvements takes place. 10. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. 1. Contractor(s) and/or trucking company(s) must carry insurance coverage meetinl Collier County minimum requirements. These coverage minimums include: a. Workers Compensation- Statutory minimum Page 3 of 5 or exceeding all APR 2 2 2003 b. Commercial General Liability - $1,000,000 c. Automobile Liability - $1,000,000 d. Collier County named as an additional insured on b. and c. 12. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: a. The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), and Standard Highway Signs Manual b. The signs will be double post mounted c. The warning signs will be a minimum of 48-inches by 48-inches with yellow background/black legend d. The supplemental plates will be a minimum of 24-inches by 30-inches with yellow background/black legend, mounted on the roadside sign post e. The legends (wording) for said signs will be maximized for legibility f. There will be one of each sign type on each directional approach g. The signs have yellow flashing beacons mounted on the top of the roadside sign post h. The signs have red flags mounted on the shoulder side signpost i. The signs read as follows: i. "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in front of affected intersection(s); ii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; iii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET" plate(s) located as indicated; iv. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET" plate(s) located as indicated; v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited to those associated with the Commercial Excavation Permit and Haul Activity from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul trucks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevation and slope; ¢. Standard exotic removal note; and Clearing Plan. As of the date this executive summary was prepared, there had been no input either in support of, or in opposition to, this petition. APR 2 2 2003 Page 4 of 5 ~ ~L, PREPARED BY: MIKE BOSI PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER DATE M~~RGA~TLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE .10, 'SF~~ ......... L I~E~R~VV~ICES ADMINISTRATOR O~MUNITY DEVELOPMENT & ENVIRONMPSNIA t~cutiv¢ summary/CU-2002-AR-2866 Page 5 of 5 APR 2 2 2003 AGENDA ITEM 8-E MEMORANDUM TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION February 26th, 2003 CU-2002-AR-2866 PROPERTY O~VNER/AGENT: OWNER: Creative Homes of SWFL Inc. 12355 Collier Boulevard, Suite F Naples, FL 34116 AGENT: Mario Valle Creative Homes of SWFL Inc. 12355 Collier Boulevard, Suite F Naples, FL 34116 REQUESTED ACTION: The Petitioner requests approval of Conditional Use 7 of the Estates zoning district for earthmining for a lake excavation per Section 2.2.3.3. on 5.0 4- acres. LOCATION: The subject parcels are located at 4225 3 lst Avenue N.E. and 4235 3 1st Avenue N.E., in Section 21, Township 48 South, Range 28 East. DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a lake excavation to allow approximately 32,000 cubic yards of material to be removed over a two-year period. Creative Homes will use the removed material for their own purpose. Approximately 2,000 truckloads of fill at 16 cubic yards per truck will be moved off-site. The hours of operation, as suggesl ~d ~''' tho Transportation Planning Department, will be limited to 9:00am-3:00pm Monday thrc and 9:00am-12:00pm on Saturday. An average of 3.2 trips per day can be expected the hours of operation, the amount of fill expected to be removed and the two-year established for the conditional use. Access will be from 31s' Avenue to the site. CU-2002-AR-2866 March 20, 2003 CCPC Page 1 of 10 [meAf~ 2 2003 Prc po ed Lake Excavation ] The application indicates trucks will be accessing the site via Everglades Boulevard, to Oil Well Road, to Desoto Boulevard, to 3 1st Avenue NE, then onto the site. Departure from the site will be distributed between north, south and southwest bearing destinations. For locations to the south, trucks will be leaving the site via 31st Avenue NE turning right on Desoto Boulevard. For locations to the north, trucks will leave the site via 31st Avenue NE turn left on Desoto Boulevard, turn left on Oil Well Road and right on Everglades Boulevard. For locations to the southwest, trucks will leave the site via 3 1st Avenue NE turn left on Desoto Boulevard, turn left on Oil Well Road and left on Everglades Boulevard. ~ rr~' CU-2002-AR-2866 March 20, 2003 CCPC Page 2 of 10 APR 2 2 2003 The parcel is located wholly within the "E" Estates zoning district. Limited excavations are allo~ved within the Estates district as accessory uses [see quote below], however the proposed use exceeds the limits for an accessory use, therefore conditional use approval is required. 2.2.3.2.2. Uses accessory to permitted uses. 7. Excavation and related processing and production subject to the following criteria: a. These activities are incidental to the permitted used onsite. b. The amount of excavated material to be removed fi'om the cannot exceed 4,000 cubic yards total. Amounts in excess of 4 cubic yards shall require conditional use approval for earth mk purs~tant to the procedures and conditions set forth in section and 2.2.3.3. of the Code. [underlining added for emphasis] CU-2002-AR-2866 March 20, 2003 CCPC Page 3 of 10 'ite Otto APR 2 2 2003 SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: 17116 Undeveloped tract, zoned Estates Undeveloped tract, zoned Estates Undeveloped tract, zoned Estates Undeveloped tract, zoned Estates Undeveloped tract, zoned Estates C.R. 858 16 20 I'Ii lOl-7~-'i-3~0i 3i i'56 I"~:~ '~i ~1 'l~al ~:~-I:ii-011111112 '!i 3: RD A'/EhUE N E. ['i] 9 12 29 32 49 52 69 72 89 92 109 114 5 128 8 15 28 33 48 53 68 75 88 95 108 1t5 I: 3 ST AX/EN~ N.- 4 27 t 7 14 27 54 47 54 67 74 87 94 107 118 5 26 I 6 15 26 ~5 46 55 66 75 88 95 106 119 ~ I ~_1 ., . 2(~TH A'/EhUE N.E. ~2o 0 I 45 1~ 121 ~ 0 0 612~ I 5 16 25 56 56 65 76 B5 96 105 122 ~ 7124 II~ ~7 2~ 37 ~ ' 64 77 ~4 97 104 ~ox 148 14-7 1 46 1 45 144 142 1 4-1 140 139 15 GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated Estates (Estates-Mixed Use District, Residential Estates Subdistrict) on the Golden Gate Area Future Land Use Map. The GGAMP provides for single-family homes, one per 2 ¼ acres, and family care facilities. The Conditional Uses Subdistrict contains criteria for the location of conditional uses- essential services CUs (allowed anywhere); and, those CUs listed in the "E" zoning district (subject to specific Iocational criteria: Neighborhood Centers, Transitional areas, "infill" areas). The Conditional Uses Subdistrict does not provide for excavations, such as the one being requested. This type of CU was added to the LDC via the most recent LDC amendment (Ord. 2001-60, adopted Oct. 24, 2001). The character of an excavation is different than the CUs listed in the "E" zoning district (church, ALF, social and frater~ organization, etc.) in that it does not result in permanent structures or uses- ti excavation is only authorized for limited duration; then, the site is limited to us allowed by right on other E-zoned parcels, a single family dxvelling unit per 2 ¼ acres. family care facility. Staff has presently interpreted that it was the Board's intent NOT CU-2002-AR-2866 March 20, 2003 CCPC Page 4 of 10 a o APR222003 make these excavation CUs subject to the specific Iocational criteria in the Conditional Uses Subdistrict; by approval of previous CUs, the BCC has endorsed staff's interpretation. The other applicable element of the GMP for which a consistency review was made is the Transportation Element. Ingress and egress to the site will be provided through 31st Avenue, which is a paved road. The routing plan provided by the applicant indicates that the proposed excavation will generate 3.2 trips per day with approximately 2000 truckloads of fill hauled off- site per day for two-year period. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of an excavation on transportation, infrastructure, and the environment xvas reviewed by the applicable reviewing agencies and their comments and conditions have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff, this project will be in compliance with the LDC. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to the site will be provided through 31st Avenue. Desoto Boulevard is approximately 1,800 feet to the east of the excavation site. For destinations lo -, the north, Oil Well Road is 1,500 feet from the 31St'Avenue and Desot,~-Bo~fll~/~ ban ~133il~q intersection. For destinations to the south, Golden Gate Boulevard is just less CU-2002-AR-2866 March 20, 2003 CCPC Page 5 of 10 APR 2 2 2003 ._lO _ from the 31st Avenue and Desoto Boulevard intersection. There are no structures to prevent Emergency Sen'ices from accessing the proposed site. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. This mining activity should have minimal impact on neighboring properties at the present time because the surrounding area has very limited development. The proposed earth mining activity will generate some noise and dust in the area. This activity is not anticipated to generate any glare or odor. In order to limit the negative effects of this activity on the neighboring properties, staff is proposing stipulations to limit this activity to 24 months and prohibit blasting, with mandated restrictions upon hours of operation. 4. Compatibility with adjacent properties and other property in the district. The subject parcel is surrounded on all sides by vacant properties. There is one residence approximately 500 feet to the east of the property and there are a limited number of residences (six) within a half-mile radius of the subject site. Due to the proximity of the nearest residential structure, the hours and days of operations will be limited and the length of the conditional use is recommended to be limited to two years. The two-year limitation for the conditional use, in addition to this sparse current pattern of development, are the factors that make the conditional use compatible with the surrounding area. The site is expected to average 3.2 haul trips accessing the site per day for the time period provided. The result of the mining activity will be a 2 acre lake, which when complete will increase the aesthetics and property values of the surrounding properties. CU-2002-AR-2866 March 20, 2003 CCPC Page 6 of 10 CONDITION DISCUSSION: Staff has recommended conditions to be attached to any approval for this petition. The conditions are addressed below: Condition #1 allows staff limited discretion to recognize and provide administrative relief for minor differences in site design, while prohibiting any intensification of the use. Condition #2 requires preservation of any historic or archaeological artifacts that may be found during the excavation. Condition #3 puts the applicant on notice that the conditional use by itself does not fulfill all public hearing requirements. An excavation permit must be sought and approved before excavation can commence. As part of this condition, the applicant is put on notice that fees must be paid in compliance with LDC 3.5.9, to include the recently adopted Road Damage Repair Fee (LDC 3.5.9.3.), which requires a payment of a fee based upon $0.047 cents per cubic yard of excavated fill material. This fee was adopted to offset the cost of road damage repairs attributable to the hauling of excavated fill material across county roads. Additionally, this condition notifies the applicant that additional stipulations may be included as the excavation permit is reviewed, and as recommended by Stormwater Review staff, that stormwater calculations must be provided as part of the excavation permit application. Condition #4 provides a time limit for the conditional use approval, thus allowing the petitioner ample time to complete the excavation use, but protecting the character of the neighborhood for future residents by not allowing the excavation to extend into the distant future after which time more homes might be built. Condition #5, stipulating that blasting is prohibited, helps to ensure neighborhood compatibility as well. Condition #6 will keep this excavation in character with a single-family lot water retention pond depth's limitations to prevent a more comprehensive excavation. Conditions #7 and #8 ensure that all exotic plants are removed and controlled and assures that the proper clearing permit will be sought. Condition #9 requires the applicant to construct left and right turn lanes as determined by the transportation department. Condition # 10 stipulates a $25,000 bond requirement in place for all excavations for the purpose of assuring any roadway damage will be repaired. Condition #11 relates to the insurance coverage requirements for the Contractor(s) and/or trucking company(s). Condition #12 dictates the minimum design requirements for traffic signage upon the submitted haul route. Condition #13 and #14 relates to the allowable hours of operation for the facility and the number of trucks allowed within a twenty-four hour period. Conditions #15 and # 16 stipulate that the submitted haul route must be utilized and that the excavation permit is only to excavate 32,000 cubic yards of material from the project site. Finally, Condition #17 pertains to the environmental regulations related to excavation projects. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2002-AR-2866 to the Board of Zoning Appeals, subject to the following conditions: 1. The Current Planning Manager may approve minor changes in the location, height of buildings, structures, and improvements authorized by the condit Expansion of the uses identified and approved within this conditional use appl major changes to the site plan submitted as part of this application, shall r{ CU-2002-AR-2866 March 20, 2003 CCPC Page 7 of 10 n. 12- submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including DMsion 3.3, Site Development Plan Reviexv and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. 4. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. 5. Blasting shall not be allowed. 6. The excavation will be limited to a bottom elevation of 20 feet below original grade. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 8. The applicant must obtain a clearing permit prior to any on-site clearing. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. The owner(s) of the project site/land also, accepts the additional stipulations and requirements, stipulation #10 through #16, relevant to the project site as determined by Transportation Staff as essential for the safety and welfare of all. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, performance bond(s) being pulled, and no "Notice To Proceed" will be provided until such time as the construction the required improvements takes place. 10. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. 11. Contractor(s) and/or trucking company(s) must carry insurance coverage meeting or exceeding all Collier County minimum requirements. These covera~ include: CU-2002-AR-2866 Workers Compensation - Statutory minimum March 20, 2003 CCPC Page 8 of 10 APR 2 2 2003 b. Commercial General Liability- $1,000,000 c. Automobile Liability- $1,000,000 d. Collier County named as an additional insured on b. and c. 12. Traffic signage must be provided/placed in advance of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: f. g. h. i. ii. 111. iV. V. The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), and Standard Highway Signs Manual The signs will be double post mounted The warning signs will be a minimum of 48-inches x 48-inches with yellow background/black legend The supplemental plates will be a minimum of 24-inches x 30-inches with yellow background/black legend, mounted on the roadside sign post The legends (wording) for said signs will be maximized for legibility There will be one of each sign type on each directional approach The signs have yellow flashing beacons mounted on the top of the roadside sign post The signs have red flags mounted on the shoulder side signpost The signs read as follows: i. "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in advance of affected intersection(s); "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET" plate(s) located as indicated; "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET" plate(s) located as indicated; "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul trucks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevatio c. Standard exotic removal note; and Clearing Plan. CU-2002-AR-2866 March 20, 2003 CCPC Page 9 of 10 APR 2 2 2003 PREPARED BY: MIKE BOSI PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP ff CURRENT PLANNING MANAGER DATE MARGA~gET WUERSTLE, AICP DIRECTOR, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: /J/ - IS TRATOR ~(~¢' $ ~MMUN'ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: KENNETH k. AI~t~NAT~'~, ~HAIRMAN Staff report for the March 20, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the April 22, 2003 Board of County Commissioners Meeting Attachments: A. B. C. Findings of Fact Conceptual Master Plan Proposed Conditions CU-2002-AR-2866 March 20, 2003 CCPC Page 10 of 10 APR 2 2 2003 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: CU.2002-AR-2866 PROJECT #2002060043 Planner Assigned: .. DATE: 9/17/02 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information ', Name of Applicant(s) C'i-~'5,~,-7n,4 ~. Applicant's Mailing Address I Z.~'~' City ix~ '~-'~ ~'~s State Applicant's Telephone # ~'"5'-- Name of Agent ~t~,~-c-t Agent's Mailing Address City K~ ~ t..*-. _q Agent's Telephone Agent's E-Mail Address: State Zip COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APR 2 2 2003 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000. ~omplete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip.__ Name of Master Association: Mailing Addr'ess City State ~ Zip Name of Civic Association:F__/e:, Mailing Address zS~ [ ~ x-,+ State ~ Zip 34[~__rD Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 APR 2 2 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, Or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional pa individuals or officers, if a corporation, parmership, or trust. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000. ~W.,rr.~o A t~ :iesAl:l t2 a 12003 Name and Address yr./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the proper .ty covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for proper(%' involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 2..I Lot: Block: Township: ? ~ Subdivision: Range: Size of Droi~er~: '~SO R.X ~0 a.:TotalSq. Ft. Zl~/SCOAcres ~ Address/general locfition of subiect property: _ 6. Adiacent zoning and land use: Zoning Land use APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 APR 2 2 2003 N E W Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # ,~ the ,b"- district for cr,n, Eo~:us~.) ~r~.r.~x--xo,,a. '"~v-o~.~--r- ct.~$ '2~ of Present Use of the Property: -~, 8 -Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a fmding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements 'governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request Is co~ with the applicable section or portions of the future [lanlXIo-_ ,,e~,. , ;-- element): ! l APR 2 Z 2003 m APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/1000 Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and co,.q.g~nience, traffic flow and control, and access in case of fire or catastrophe: I I-?T_ Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: KLo ~:,z." ual ~ "~ d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: "~tZ~ 5¢r't_ cott~_ ~-r..~ ~,,.J~.~-~-m'~_ ~>~ P~. to -n4,_. -Ot.~TTL.t c--t-' t)_.q't.O .~ ~.._~'~.--~'~- Please provide any additional information which you may feel is relevant to this request. 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed Previous land use petitions on the subiect property: To your knowledge, hearing been held on this property within the last year? If so, what was the r hearing? APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY ZIP ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: Section: Lot: Plat Book ~ Metes & Bounds Description: Township: Range: Block: Subdivision: ~ Page #: ~> ~ Property I.D.#: (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM [-"] de capacity) e. SEPTIC SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT [5] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 02~2000 APR 2 2 2003 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK A_hq) AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provislon Statement RJM 10/17/97 ,APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 AC.,Cr.~A APR 2 2 2003 "' CONDITIONAL USE AP PLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' ,..--' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* 4. Pre-application notes/minutes 16' 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' 6. EnvironmentalImpact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* ~.- 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) ~' 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be - made payable to Collier County Board of Commissioners--~'..Pt t>~5' -"~'~a~ ~ ~"/, 709 ~ 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting. 15. Other Requirements- * Documents required for Long-Range Planning Review As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 AFFIDA [fiT We~l, (~_P_EA'r'ld~, ~OmCX' Di' coJ Fu. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize as our/my representative in any matters regarding this Petition. to act Signature of Proper¢ Owner Typed or Printed Name of owner Si~ture of Property Owner Typed or Printed Name of owner The foregoin~ instrument was acknowledged before me this ~ day of JCt-lQ ~' , 2002., by ]~'[o-~t o ' Vo._l I ~_ who is(~rsonally know~ ~me or ~-~ced ' State of Fl°rida' (2~gnat~re q 'Notary Public - State of County of Collier F~otid/a) ' . (Print, Type, or Stamp Commissioned fame of Notary Public) ,~ ,,,,,,-% LILLIAN A. MEDINA J "~'< Bond~ By National N~A APPLICATION FOR PUBEIC HEA~NG FOR CONDITIONAL USE - 02/2000 2 2 2003 RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.3.3 in an "E" Estates Zone for a lake excavation on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU-2002-AR-2866, filed by Mario Valle, of Creative Homes of SWFL, Inc., with respect to the property hereinafter described: Tract 73, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5, Page 89, of the Official Records of Collier County, Florida, be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3. of the "E" Estates Zoning District for lake excavation in accordance with the Conceptual Master Plan, Exhibit "B", and subject to the conditions shown in Exhibit "C." All exhibits are attached hereto and incorporated by reference herein. I I APR 2 2 2003 Bo~d. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted at~er motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjori~Vl. Student' Assistant County Attorney Attachments: Exhibit A. Exhibit B. Exhibit C. CU-2002-AR-2866/MB/Io Findings of Fact Conceptual Master Plan Conditions for approval APR 2 2 2003 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU.2002-AR-2866 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V/~ No_ . B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 4/~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~No affect or ~ Affect mitigated by .. Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V/~No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (gltoal'da~o~be recommended for approval CHAIRMAN: APR 2 2 2003 ' EXHIBIT A EXHIBIT B 2003 CONDITIONS OF APPROVAL. CU-2002-AR-2866 This approval is conditioned upon the following stipulations: 1. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 3. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. 4. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. 5. Blasting shall not be allowed. 6. The excavation will be limited to a bottom elevation of 20 feet below original grade. 7. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. 8. The applicant must obtain a clearing permit prior to any on-site clearing. 9. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, a claim being made under the performance bond(s), and no "Notice To Proceed" will be provided until such time as the construction the required improvements takes place. 10. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. 11. ConU'actor(s) and/or trucking company(s) must carry insurance coverage meeting or exceeding all Collier County minimum requirements. These coverage minimums include: a. Workers Compensation- Statutory minimum b. Commercial General Liability - $1,000,000 APR 2 2 2003 CU-02-AR-2866 CONDITIONS OF APPROVAL EXtHBIT C c. Automobile Liability - $1,000,000 d. Collier County named as an additional insured on b. and c. 12. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), and Standard Highway Signs Manual b. The signs will be double post mounted c. The warning signs will be a minimum of 48-inches by 48-inches background/black legend d. The supplemental plates will be a minimum of 24-incbes by 30-inches background/black legend, mounted on the roadside sign post e. The legends (wording) for said signs will be maximized for legibility f. There will be one of each sign type on each directional approach g. The signs have yellow flashing beacons mounted on the top of the roadside sign post h. The signs have red flags mounted on the shoulder side signpost i. The i. with yellow with yellow signs read as follows: "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in front of affected intersection(s); ii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; iii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET'' plate(s) located as indicated; iv. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET'' plate(s) located as indicated; v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited to those associated with the Commercial Excavation Permit and Haul Activity from (no trucks will leave the project site earlier than) 9:00 A.M. to (no trucks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul trucks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevation and slope; c. Standard exotic removal note; and Clearing Plan. 2 2 2003 CU-02-AR-2866 CONDITIONS OF APPROVAL E~(I-ITI21IT C EXECUTIVE SUMMARY, VA-2002-AR-3191, DA~VN 'VVINTERS, REQUESTING A VARIANCE FROM THE REQUIRED SETBACKS FOR THE FRONT YARD AND BOTH SIDE YARDS FOR PROPERTY LOCATED AT 112 MOON BAY STREET, FURTHER DESCRIBED AS LOT 112, PORT-AU-PRINCE SUBDMSION, IN SECTION 15, TOWNSIHP 51 3OUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider the petitioner's request for a variance from the required setbacks for the required from yard and both side yards of an existing mobile home as follows: from the required front yard of 25 feet to 15.82 feet; from the required north side yard of 7.5 feet to 3.25 feet; and from the required south side yard of 7.5 feet to 4.7 feet. CONSIDERATIONS: The mobile home was built and legally permitted in 1969, and an addition legally permitted in 1982. At the time of permitting, no survey was required by the County to confirm that the home, or the addition, met setback requirements prior to issuance of the certificate of occupancy, as is the procedure today. Ownership of the property has changed hands a number of times since the original construction, and the current owner was unaware of the encroachments when she bought the property. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH IVIANAGE~NT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. APR 2 2 2003 n. t ENVIRONMENTAL ISSUES,'.. The CDES Environmental staff has determined that there are no outstanding environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT.'.. Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION.:. The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION:. The Collier County Planning Commission heard this petition on 3 April 2003, after the deadline for the preparation of this Executive Summary. The CCPC recommendation will be presented verbally to the BZA. If the Planning Commission unanimously recommends approval, this petition will remain on the Summary Agenda; if they do not, the petition will appear on the regular agenda. PLANNING SERVICES STAFF RECOMMENDATION:... Planning Services staff considers that this petition is generally consistent with the intent and purpose of the LDC, and would not be injurious to the community. Staff therefore recommended that the CCPC forward Petition VA-2002-AR-3191 to the BZA with a recommendation of approval. PREPARED BY: DATE REVIEWED BY: CU~ PLANNING MANAGER DATE DATE APPROVED BY: executive summaty/VA-2002-AR- MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 28 FEBRUARY 20.03 SUBJECT: PETITION VA-2002-AR-3191, WINTERS AFTER-THE-FACT VARIANCE AGENT/APPLICANT: OWNER: AGENT: Dawn Winters 112 Moon Bay Street Naples, FL 34114 Frederick Kramer, Esq. 950 North Collier Blvd., Suite 201 Marco Island, FL 34145 REQUESTED ACTION: The petitioner requests an after-the-fact variance from the required setbacks for the front yard and both side yards of an existing mobile home, as follows: for the front yard, from the required 25 feet to 15.85 feet; for the north side yard, from the required 7.5 feet to 3.25 feet; and for the south side yard, from the required 7.5 feet to 4.7 feet. APR 2003 GEOGRAPHIC LOCATION: The subject property is located at 112 Moon Bay Street, legally described as Lot 112, Port-au- Prince subdivision. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to allow the continuing existence, in its present location and configuration, of a mobile home placed on the property in 1969 in accordance with building permit 69-1004. An addition was constructed in 1982 in accordance with permit 82-2621. At the time of permitting, no survey was required by the County to confirm that the home, or the addition, had been placed on the lot in compliance with the setbacks of the zoning district prior to the issuance of the certificate of occupancy. Ownership of the property has changed hands at least six times prior to its purchase by the petitioner. A survey conducted in conjunction with the pending sale of the property disclosed the encroachments. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Mobile home, zoned MH Mobile home, zoned MH Moon Bay Street ROW Mobile home, zoned MH Canal HISTORIC/ARCHAEOLOGICAL IMPACT: StafPs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required EVALUATION FOR IMPACTS TO TRANSPORTATION~ INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. APR 2{]03 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No. The subject property is a platted interior lot, and the principal structure is a typical double-wide mobile home. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The applicant purchased the property with the mobile home in its current location. The mobile home and addition were permitted and built by previous owners. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. Reconfiguration of the mobile home to meet the required setbacks, while theoretically possible, would be problematic. The reconfigured home might not be able to meet current Building Code standards, which would result in the need for complete replacement of the unit. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building,-'~-S-t-r~-~i~'~nd which promote standards of health, safety, and welfare? · Yes. The requested variance would be the minimum needed to allow the mobile home to remain in its current location. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or sttnactures in the same zoning district? Yes. Other property owners in this zoning district are required to meet current setbacks. APR 2003 I Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The home has existed in its present location since 1969 with no apparent adverse effects, and allowing the mobile home to remain in its current location would not be injurious to the neighborhood or detrimental to the public welfare. 7e ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or physically induced conditions that would meliorate the goals and objectives of the regulation. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: Reconfiguration of the existing mobile home to fit within the current setbacks would be problematic and might not be possible. The mobile home was legally built and permitted by a previous owner at a time when spot surveys were not required by the County, and the encroachments have gone undetected since that time. The current owner was neither responsible for the encroachments nor aware of their existance at the time she purchased the property. The encroachments have had no apparent adverse affect on the community. Staff considers that these mitigating circumstances warrant a recommendation for approval of this petition. APR ~ 2003 PREPARED BY: ROSS GOCHENAUR PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP CURRENT PLANNING MANAGER DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DATE Petition Number: VA 2002-AR-3191 Tentatively scheduled for the 22 April 2003 BZA meeting. Collier County Planning Commission: KENNETH L.ABERNATHY, CHAIRMAN APR: Z 2003 VARIANCE PETITION (VARIANCE FROM SETBACK (S) RF~UIRED FOR A PARTICULAR ZONING DISTRICI~ Petition No. Commission District: VA-2002-AR-3191 Date Petition Received: PROJECT #2002100008 .......... DATE: 10/'//02 Planner Assigned: FRED REISCHL ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION.'. Petitioner's Name: petitioner's Address: Fax#: Agent's Name: Agent's Address: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLF~, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for aH Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City ~ State- Zip - Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address ~-- City ~ State -- Zip Name of Civic Association: Mailing Address City ~ State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property. Subdivision: ~)octa ~ PC ~ c~c ¢_ Unit \\~, Section \ ~ Twp. '~j I Range ~ Pmpe~ I.D. # Metes & Bounds Description: Lot (s) \\ ~ox Block (s) APR 2 2 200 Address of Subject Property: (If diffetemt f~om petitioner's address) Current Zoning and Land use of Subject Parcel:- Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Requirements for Subject Property: I COmer Lot: Front:_ _~l ~' ,. Side: I Yes APR 2 2 2003 Nature of Petition Provide a detailed explanation of thc request including what fauctur~ are existing and what is proposed; the amount of encroachment proposed using numbet~, i.e. reduce front setback from 25' to 18'; when property owner purchased property;, when existing principal structure was built (include building permit number (s) if possible); why encroachment is n~ how existing encroachment came to be; etc. APR222003 ! Ple~e note that sum ano u~ ,.~ . "~--~ -, ~ . 7 _ _ t..~.., be reded in its determination to approve or Board of zoning Appenls, and that me Boam ot z,~n~_ ~ ~ ~-- deny n variance petilion by the below listed criteria (1-8). (Please address this crilt~ia ming addition%! pages if necessary.) chazact~istics of Ihe lmnd, sm~ctute, o~ buikling mvo 2. Are there sPecial c°nditi°ns and ~ which d° n°t result fr°m the acti°n °f the nppli~t such ns pre-existin~ conditions relative to the property which is the subject of ~ vaziance ~lue~t. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hara_.hi? on the applicant or create practical _difficulties on the applicant. 4. Will the vnriance, if granted, be the ~m variance that will make possible the reasonable use of the tnnd, buikling or slzuclute and which pr°m°~ ~ °f heal~ safety °r welfare' Will granting the variance reque~e~l confer on the petitione~ any ~ lzivi~e that ia d~ni~ by these zoning regulations to other lands, buila!-~, or suuctu~ in the aam= zo~ diauicc 6. Will granting the variance be in harmony with the intern and purpose of this zo~inS code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, goffcourse, etc. 8. Will granting the variance be consistent with the growth management plan. APR 2 2 2003 SOlU 01400 3~10 SVNI'IVS 222003 v.4 ,r4 vcr, ,rrlrloN Arr CAXIO SC MrrrAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application no*__~_minutes 7/~1~ ~ .1~. ~// 4. Survey of property, showing the encroachment (m~ured in fee*_) / J~,~ c~'b /~- coP~ ~ L// 5. Site Plan depicting the following:. a) Ail property boundaries & dimensions b) Ail existing and propos~d~fr~-c~-r~s' 0abeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proPosed setbacks 6. Location map depicting major sweets in area for 1 reference 7. Pre-Application fee, Application fee and Data - Conversion fee, checks shall be made payable to Collier County Board of Commissioners 8. Other Requirements - ~r/o,~ r' ~ -- ~'o7, ooo . As the authorized agem/applicant for this petition, I attest that all of the information indicated on ~* checklist is included in this submittal package. I understand that failure to include ali necessary submittal information may result in the delay of processing of this petition- Applicant/Agent Signature Date APR 2 2 2003 8 AFFIDAVIT We~I, ~ being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that ali the answers to the queStions in this application, including the disclosure of intereSt information, all sketcheS, data, and other supplementary matter attached to and made a part of this application, are honeSt and true to the best of our knowledge and belie~. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~l further authorize ~-~¥_xLc~.--~ to act as our/my repreSentative in any matters regarding this Petition. 'qS~t~ture of Property Owne Signature of Property Owner Typed or printed Name of Owner ..... Typed or Printed Name of Owner The foregoin&instrument wqs acknowledged before me this _~ day of 0c' ~' ~ ~,?_,%' ,F>~.'-' '~ ~ ~'r~ ~, is perso.aUy know. to me o; ~ p,~tu,,ed State of Florida County of Collier VA-2002-AR-3191 PROJ'ECT 02002100008 DATE: 10/'//02 WATERWAY s o0'59'o8' w 6o. oo' J4.' WIDE CONCRETE S[AWALL/WALK X X~X= "" X X X~X X~X IRON RO0' j~6355 0.55' SOOTH 0.95' SOUTH r 'IRON R(X) 116355 .o.* ON LOT 112 " POINT ON i~ SINGLE STORY MC)pli;' -- HOME RESIDENCE: WITH >~ V1NYL SIDING ~ J 112 MOON BAY S'II~EET Z 5.10' 9.00' ; 2.5,5, ~ -- ..' > ,,~ ~ CHAINUNK · 11.55' 25.75' 15.10' · > (TYPICAL) 4.5' WIDE CONCRETE WAlK .'~T 1/2 u,. > SET 1 IRON RO~ IRaN ROO S 00'59'0~" W 60,00' ~ ~ :~.j ,"~E: 10.25' EAST FENCI[ POST: 0.75' SOU1H' ' 12.45' EAST j - J EDGE OF ~,~ (BEARING BA~) ~ F'ND PI( NAIl. · -~s~ MOON BAY S~EET PLA, TEED PERMANEN' REFERENCE MONUME)il ~1 HEREON i~l '1HE lOON BAY PLAT. PLAT OF SURVEY CERTIFIED CORRECT TO:. Dee Ann Stonfield; Long Beach Mortgacje Company, its successors and/or assigns; Rhodes & Tucker, Attorneys and Attorneys' Title Insurance Fund, Inc. DESCRIPTION (FURNISHED. BY CUENT): LOT 112, PORT AU PRINCE, according to the plat thereof, as recorded in Plat Book 13, Page 51, Public Records of Collier County, Florida. HO~CE: --. · . ~i~ Su~ ~ ~m$ m~mu~ beneR -,E]w~dkm(I) eho~m hermm (if e~lr) in m~ ~ ~ (no bc~e 1~0 ye=r flood e~ ~ by Frill-) m'e homed ~n ~ ~ de~ ¢k~um ~ rd~ted to rne~n DEE ANN STANFIELD ACTION SURVEYS 171 COMMERCtN- Bt.VD., STE. 12 Noples, Florida 34.104 Phone : (2~9) 64~-7510 o8/~/o2 ~ 1" = 20' k'-->"'""' I~ 02-0560 - .4AC L.D4~fl . ~ T/BAG - T,M, IGD~ ~F..~J~NG NOT WATERWAY s ~o8' w 6~o0' ~ o.~' sou'm 0.05 sou'm ) ~ S~#GI.E STORY klOllltE ) VINYL ~ > - 9.00' 112 kt00N BAY Slqt'EET > 4.3' ~IDE COI~RLr~ WALK ~ > SET ,i/elq ~. ~ SE:T 1/2' 0.40' SOUTH MOON BAY STREET Exhibit "A" .,OT 110 WATERWAY SlNGL[ $~ M#'tl. 112 MOON BAY $'l~ SeT LOT 114 W I~10' MOON BAY STREET n' I Exhibit "A" RESOLUTION NO. 03- P~ELATING TO PETITION NUMBER VA-2002-AR-3191, FOR AFTI~-'II~-FACT VARIANCES ,TO REDUCE ~ FRONT YARD FROM TIlE REQUIRED 2~ FEBT TO 15.~ REDUCE THE SOUT~ SIDE YARD FROM THE REQUIRED 7.5 FEET 1'O 4.7 FEET ON PROPERTY WHEREAS, the l~izt~u~ of the S~ate of Fioridtin Chapter 12~, Flm~ St~ has conferred on all counties in Florida the power to establish, coordinate and enforce zoni~ end tach businus resul~ions ~ ~ nece~s~ for the Motoctiou of the public; end (Ordinance No. 91-102) which ~stablishcs r~ul~ions for the zo~ng of ~ geographic divisions of tl~ Cmm~, amon~ which is th~ 8mmins of vadanom; and variancc f3~nn the requi~ front yard setback of 2~ feet to 15.85 feet, ~xt from the required north side yard setback of 7.5 feet to 3.25 feet, and from tl~ roquinsd south ~ yard sctback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A', in an MH Zone for the prope~ hereina.f~ described~ and bas found ne a mat~ of fact flint required by seid regulations and in accord,.~e with S~ion 2.7.~ of the Zonin~ Regulations of said Land Developmont Code for the ~ aru of C°llier Conn'* and NOW, ~ORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: TI~ P~ifion VA-2002-AR-3191 filed by Law Offices Of PeMm~kK~mer, Lot 112, Pofl au Prince Subdivision, in Sectioa 15, Towmd~i? 51 South, Range 26 East. Collier County ~ be end tl~ same hen~ b appro~ f~ m ~~~ ~ b ~ fnmt yard sethack of 25 fest to 15.85 feet and from the r~luimi n~h ~M~ ymi ~lm~ M 7.~ f~t to 3.25 feet, and from tl~ required sonth side y~d setl~of 7.5 fest m 4.7 lest, as sbm~'~ tho ~ attached plot plan, Exl~oit -A-, of the MH Zouing ~ ~ said p~operty is ~ APR 2 2 2003 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3191 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPF. AI~ COLI JI~R COUNTY, FLORIDA Approved as to Form and Legal Sutficiency: Patrick G. White Assistant County Attorney VA-2002-AR-3191/RG/sp TOM HENNING, CHAIRMAN Sh~t ! o£ 2 AVPLAT2003-.AR3774 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR3774 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO PORTIONS OF THE DRAINAGE EASEMENT LOCATED IN TRACT "A," ACCORDING TO THE PLAT OF "CARILLON" AS RECORDED IN PLAT BOOK 21, PAGES 59 THROUGH 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT TWO RELOCATION DRAINAGE EASEMENTS WITHIN SAID TRACT "A." LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate two portions of the Drainage Easement in Tract "A" and to accept two relocation Drainage Easements within Tract "A" of said "Carillon." CONSIDERATIONS: Petition AVPLAT2003-AR3774 has been received by the Engineering Services Department from Jennifer Castillo, from PMS Inc. of Naples, as agent for the petitioner, Banyan Woods, LLC, requesting the vacation of two portions of the Drainage Easement located in Tract "A." The Petitioner wants to develop this area with residential buildings. The Petitioner is also requesting that Collier County accept two relocation Drainage Easements within said Tract "A." The area of the relocation Drainage Easements is 0.79 acres greater than the area being vacated. Maintenance of the surface water management system is the responsibility of the owner of Tract "B" of said "Carillon" in accordance with the reciprocal easement agreement. Letters of no objection have been received from the following Collier County Departments: Engineering Services, Utilities, Transportation and Stormwater Management. Zoning is PUD. This Executive Sununary was approved by Greg Garcia in Transportation on March 5, 2003 and by Jacquelyn Johnson in Public Utilities on March 6, 2003. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEME NT IMPACT: associated with this Executive Summary. There is no Growth Manaeement lmnact APR' 2 2 2003 Sheet 2 of 2 AVPLAT2003-AR3774 ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR3774 for the vacation of two portions of the Drainage Easement in Tract "A" and to accept two relocation Drainage Easements within said Tract "A" as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk tothe Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: .~',,,-_~ ~'~'*--- tz.,/~.~G Rick Grigg, P.S.M. Engineering Services DATE: Thomas E. Kuck, P.E. Engineering Services Director APPROVED B~~or ommunity Development & Environmental services DATE: I RESOLUTION NO. 2003- 2 3 RESOLUTION FOR PETITION AVPLAT2003-AR3774 TO 4 DISClAiM, RENOU1qCE ~ VACATE THE COUNTY'S AND 5 THE PUBLIC'S IKX'ERF~T IN TWO PORTIONS OF THE 6 DRAINAGE EASEMENT LOCATED IN TRACT "A", 7 ACCORDING TO THE PLAT OF "CA~RiI.I ON" AS RECORDED 8 IN PLAT BOOK 21, PAGES 59 THROUGH 61, PUBLIC 9 RECORDS OF CoLLr~R COUNTY, FLORIDA, AND TO 10 ACCEPT TWO ~ATION DRAINAGE EASEMENTS 11 WITHIN SAID TRACT "A." LOCATED IN SECTION 13, 12 TOWNSHilm 49 SOUTH, RANGE 25 EAST. 13 14 15 ~, pursuant to Section 177.101, Florida Statutes, Jennifer Castiilo, from 16 PMS Inc. of Naples, as agent for the petitioner, Banyan Woods, LLC, does hereby request · 17 the vacation of two portions of the Drainage Easement in Tract "A" according to the plat of 18 "Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier 19 County, Florida, and to accept two relocation Drainage Easements on a portion of Tract 20 "A" of said "Carillon;" and 21 WHEREAS, the Board has this day held a public hearing to consider vacating two 22 portions of the Drainage Easement in Tract "A," as more fully described below, and notice 23 of said public hearing to vacate was given as required by law; and 24 WHERF. AS, the granting of the vacation will not adversely affect the ownership or 25 right of convenient access of other property owners. 26 NOW, THEREFORE, BE rr RF_~OLVED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement 28 intercom over and across the following two portions of thc Drainage Easement in Tract "A" 29 are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to 30 be in the Public's interest and for the Public's benefit: 31 See Exhibit "A" att~.h~ hereto ~ud incorporated herein. 32 33 34 35 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the two relocation 37 Ihainage Easements within Tract "A", mor~ pmicuisrly deam'bed in Exhibit "B" 38 hcre~ and incorporated herein, is hcrcby accggted as thc relocation Drainage Easements 39 for the two Drainage Easements in Tract "A" vacated he~Hn. 40 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to 41 record a certified copy of this Resolution in the Official Records of Collier County, 42 Florida, and to make proper notation of .this vacation on the recorded plat as referenced 43 above · 44 This Resolution is adopted this day of 2003, 45 after motion, second and majority vote favoring same. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tom Henning: Chairman 62 63 64 Approved as to form and legal 65 su~ci~cy:. 66 68 69 70 Patrick G. White, Esq., 71 Assistant County Attorney 72 APR 2 2 2003 BBLS SURVEYOI~ & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPI.I~..S, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 EXHIBIT "A' SHEET I O~ 5 AVPLA. T2003-AR3774 LEe:AL DESCRIPTION DRAINAGE EASEMENT TO BE VACATED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00'37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01 °00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 4.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO TH~ RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°lT48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00o10'46", A CHORD BEARING OF N.86°06'5 I"E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28", A CHORD BEARING OF N.47°24'00"E., AND A CHORD LENGTH OF 50.13 FEET; TtiENCE-ALONG.~ ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.0g°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CI~VE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81 °30'01", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; TtiENCE ALONG THE ARC OF SAID CURVE AN ARC LF2~IGTH OF 14.22 FEET TO THE END OF SAID CURVE; TtiENCE S.$9"54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMEN I' PER SAID PLAT OF CAIHI.LON, SAID POINT HER~rNAFTER REFERRED TO AS POINT "A"; TtIENCE S.00°0T01"W., ALONG SAID EASTERLY LINE, A DISTANCE OF 28.00 FEET TO ~ POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD BEARING OF S.45°07'01"W., AND A CHORD LENGTH OF 70.71 FEET; TH~ ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO A POINT ON THE SOUTHERLY LINE OF SAlE 1 OF5 EXHIBIT SHEET 2 OF 5 AVPLAT2003=AR3774 DRAINAGE EASEMENT AND THE END OF SAID CURVE; THENCE N.89o52'59"W., ALONG SAID soURLY LINE, A DISTANCE OF 102.13 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OF LESS. COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE N.00o0?01"E., ALONG THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A ~ ANGLE OF 116054'52", A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81°07'50'', A uHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11°03", A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68:79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO TIffE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48°50'05'', A CHORD BEARING OF S.87°19~23'E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°58'15"W., A DISTANCE OF 44.97 FEET; THENCE N.31°49'15"w-, A DISTANCE OF 30.59 FEET; THENCE N.69°07,54"W., A DISTANCE OF 28.88 FEET; THENCE S.74°15'36"w., A DISTANCE OF 65.04 FEET; THENCE S.38°53'30"W., A DISTANCE OF 71.31 FEET; THENCE N.77o4V29"W., A DISTANCE OF 21.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 16°42'15", A CHORD BEARING OF N.86°02'36"w., AND A CHORD LENGTH OF 34.86 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 34.99 FEET; THENCE S.85°36'16"W., A DIS~IAlqcE OF 26.62 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 43°17'10", A CHORD BEARING OF N.72°45'09"W., AND A CHORD LENGTH OF 7.38 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 7.55 FEET; TtIENCE N.51o06'34"W., A DISTANCE OF 85.74 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENt. ~ ANGLE OF 47°04'29", A CHORD BEARING OF N.27°34'20"W., AND A CH~RD--~ 2OF5 I APR 22 EXHIBIT SHEET 3 OF 5 AVPLAT200~-AR3774 LENG~ OF 3.99 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.11 FEET; THENCE N.04°02'05"W., A DISTANCE OF 23.44 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 70.00 FEET, A C'ENTRAL ANGLE OF 46055'35", A CHORD BEARING OF N.27°29'53"W., AND A CHORD LENGTH OF 55.74 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 57.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A C~ ANGLE OF 89°51'06", A CHORD BEARING OF N.06°02'07"W., AND A CHORD LENGTH OF 7.06 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.84 FEET; THENCE N.38°53'26"E., A DISTANCE OF 75.20 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 03°36'14", A CHORD BEARING OF N.37°05'lg"E., AND A CHORD LENGTH OF 13.84 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 13.84 FEET; THENCE N.35°lT12"E., A DISTANCE OF 28.99 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 06°14'11", A CHORD BEARING OF N.38°24'IT"E., AND A CHORD LENGTH OF 19.58 FEET; TI-IENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 19.59 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 49°54'53'', A CHORD BEARING OF S.46°08'17"E., AND A CHORD LENGTH OF 129.35 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 133.57 FEET TO THE END OF SAID CURVE; THENCE S.71 °05'46"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 109.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 87.10 FEET, A CENTRAL ANGLE OF 24°19'50", A CHORD BEARING OF S.83°15'38"E., AND A CHORD LENGTH OF 36.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.99 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 94°25'28", A CHORD BEARING OF S.48°13'03"E., AND A CHORD LENGTH OF 58.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 65.92 FEET TO THE END OF SAID CURVE; THENCE S.01°00'37"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 54.65 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING:A RADIUS OF 40.00 FEET, A C~ ANGI.I~. OF 69°16'02", A CHORD BEARING OF S.33°37'34"W., AND A CHORD LENGTH OF 45.47 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 48.36 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.04 ACRES, MORE OF LESS. THE TOTAL AREA OF THE LAND DESCRIBED IS 1.22 ACRES, MORE LESS. 3 OF5 IDO-ll~ff SHEET 4 OF 5 AV'PLAT2003-AR3T74 BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO TH~ PLAT THEREOF RECORDED .IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF ~ PUBLIC RECORDS OF COLLAR COUNTY, FLORIDA. TI-HS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATtONS OF RECORD. ~~~. ~,~ 01/07/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B.//6753) PROOFED BY ~t,~--- PROOFED BY ~ Z'.LEGAL DESCRIPTIONS~0095/LAKE MODIFICATION LE~DE.LWP (SEE ATTACHED SKETCH- LAKE MODHZlCATION & DRAINAGE EASEMENT.DWG) 4 OF 5 APR 2 2 2003 P.O,B POINT OF ~[GINNIN~ p.rl,C. Pr11NT OF EXHIBIT "A" SHEET 5 OF 5 AVPLAT2003-AR3??4 t/// SCALE: ~ g NL,e&'C,C D. I.m~ TABLE LINE BEARING L 3 NO/'O0'37'tv L4 N08'35'46'£ ?9.63' L5 L ~ ~'07'OI'V L 7 N8~'52'59'~ 0~.13' L8 ~'58'15'~ L ~ N31'4~'18'~ ~74'15'36'~ 65.04' 538'53'30'~ 71.3~' L]4 ~85'36'16'~ L 15 N~1'06'~4 '~ ~ 74' L I 7 N38'53'~6 'E LI9 E71'05'a6'E ~,4~' L~I L22 P,O,&. NOI'OO'37'V I I ~5.67' I~ABIU$ AR'C D£L TA rANG£NT EIOB~' 1~.TF 3'~7'~0' 6.36 1~.71' 14~Z67' 4.47' 0'10'46' ~,E4 4.47' 40.~' 54.18' 77'36 '~8' ~.~' 78.54' ~'~'~' 5~00 70.71' 1~0.~' 34,99' 16'4~'1~' 17.6~ 34,86' 10.~' 7.55' 43'17']0' 3,97 7.38' 5.~' 4.11' 4 7'04'~' ~.18 70.00' 5X33' ~:~UI'H'd[$T Cal~R I~r TRACT A, 5.00' 7.84' C~lkL~. ~AT ~ ~1, P~S ~9-Gl ~0.~' ~ l~.~' 19.59' i~ ~s ~rER TO C~ILL~. ~l~ TO T~ PLAT 15~3~' 133.57' T~ ~C~D ~ ~&T ~ ~, P~S ~9 - 61 C]4 87J0' 36.99' CJ5 40,~' ~.) THIS ~RTY ~S ~B~CT ~ C~NT~, ~RVATI~ ~ Cf6 40.~' 48.36' ~STEICT]~S ~ ~C~ C17 ~0,~' 40BI' 3.) DI~NSI~ S~ ~ ~ IN FEET MD ~C~S T~RE~. El8 55.&5' 78.80' C19 4~55' 68.79' SKETCH TO ACCOMPANY LEGAL DESCR;~'F~,~I DRAINAGE IF_a-_~:~tNT TO BE VACATED A PORIIONOF TI;ACTA, PLAT BOOK ~1 PAGES ~ - 61 46'55'39' 30.38 5574' 89 '51 '06 ' 4, 99 Z 06 ' 3'36'J4' 6.92 13.84' ~ '~a'~l' q. RI 19.58' APR 2 2 2003 BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 59%520? EXHIBrr SHEET I OF 5 AVPLA'l'2003-AR3774 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00B-7~/~, ALONG'-TI-IE WEST LINE OF SAID TRACT A, A DISTANCE OF 399.61 FEET; THENCE N.35°29'55"E., ALONG SAID WEST LINE, A DISTANCE OF 204.90 FEET; THENCE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 72.27 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01°00'37''W., ALONG SAID WEST LINE, A DISTANCE OF 67.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 55.31 FEET, A CENTRAL ANGLE OF 102°45'51", A CHORD BEARING OF N.50°49'20"E., AND A CHORD LENGTH OF 86.43 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 99.20 FEET TO THE END OF SAID CL~VE; THENCE S.77"38'23"E., A DISTANCE OF 64.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 29°59'23", A CHORD BEARING OF N. g7°2'l'55"E-; AND A CHORD LENGTH OF 28.46 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 28.79 FEET TO THE END OF SAID CURVE; THENCE N.72°22'14"E., A DISTANCE OF 28.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 17°44'47", A CHORD BEARING OF N.81°14'37"E., AND A CHORD I.ENGTH OF 29.31 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 29.42 FEET TO THE END OF SAID CURVE; THENCE S.$9°52'59"E-, A DISTANCE OF 101.15 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 88o52'22'', A CHORD BEARING OF S.45°26'48"E., AND A CHORD LENGTH OF 70.01 FEET; THENCE ALONG TI-IE ARC OF SAID CURVE AN ARC LENGTH OF 77.56 FEET TO ~ END OF SAID CURVE; THENCE S.01°00'37"E-, A DISTANCE OF 71.67 FEET TO THE POINT OF CURVATURE OF A CIYR~TH~ THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF $9o59'54", A CHORD BEARING OF S.43°59'20"W., AND A CHORD LENG 1 OF5 EXH~IT "!~- ~ 'i ~---' . ' AVPLAT2003-AR37"/4 70'71 FEET; TI-IENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 7g.54 FEET TO TH~ END OF SAID CURVE; THENCE S.88°59'17"W., A DISTANCE OF 63.92 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 12o05'59", A CHORD BEARING OF S.$2°56'17"W., AND A CHORD LENGTH OF 59.02 FEET; ~CE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 59.13 FEET TO THE END OF SAID CURVE; THENCE S.76°53'18"W., A DISTANCE OF 41.39 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 28008'24", A CHORD BEARING OF S.62°49~6"W., AND A CHORD LENGTH OF 87.52 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 88.40 FEET TO THE END OF SAID CURVE; THENCE S.4g°44'54"W., A DISTANCE OF 48.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFr HAVING: A RADIUS OF 1 g0.00 FEET, A CENTRAL ANGLE OF 07°13~31", A CHORD BEARING OF S.45°08'09"W., AND A CHORD LENGTH OF 22.68 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 22.70 FEET TO A POINT ON SAID EASTERLY LINE THE SAME BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 24o06'47'', A CHORD BEARING OF N.09°07~27"W., AND A CHORD LENGTH OF 64.05 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.53 FEET TO THE END OF SAID CURVE; THENCE N.02°55'59"E., ALONG SAIF) EASTERLY LINE, A DISTANCE OF 52.37 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 50°23'41", A CHORD BEARING OF N.22°16'IS"W., AND A CHORD LENGTH OF 42.57 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 43.98 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL CONTAINS 1.56 ACRES, MORE OF LESS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00'37"W., ALONG SAID WEST LINE OF SAID TRACT A, A DISTANCE OF 19.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03O27.20", A CHORD BEARING OF N.84°17'45"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CU-RVE TO TI-IE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°I 0'46', A CHORD BEARING OF N. g6o06,5 i-E., AND A. ANGLE OF 77°36'28", A CHORD BEARING OF N.47O24'00"E., ~ND ~IT ~ SHEET 3 OF 5 AVPLA~3-AR3774 LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.1 $ FEET TO THE END OF SAID CURVE; THENCE N.05°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A C'ENTRAL ANGLE OF 81°30'01", A CHORD BEARING OF N.49°20'46'E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°07'01"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°$4'52~, A CHORD BEARING OF N.55o34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAH3 EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF CUR¥'ATU'~KE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81007'50", A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF $1°11'03', A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48050'04'', A CHORD BEARING OF S.87°19~23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG SAID EASTERLY LI2qE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE; THENCE S.00°55'15'E., A DISTANCE OF 10.02 FEET; THENCE S.22°47'25"W., A DISTANCE OF 35.42 FEET; THENCE N.90°00'00"W., A DISTANCE OF 14.40 FEET; THENCE N.00°00'00"E., A DISTANCE OF 17.64 FEET; THENCE N.90°00'00"W., A DISTANCE OF 17.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 132°55'46", A CHORD BEARING OF N.90°00'00'W., AND A CHORD LENGTH OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 75.94 FEET TO THE END OF SAID CURVE; THENCE N.90°00'00'W., A DISTANCE OF 16.06 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 104.71 FEET, A CENTRAL ANGLE OF 35°33'17", A CHORD BEARING OF S.00°00'32"E., AND A CHORD LENGTH OF 63.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH DISTANCE OF 16.05 FEET TO THE POINT OF CURVATURE OF A CUR THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE 3 OF 5 EXHIBIT SHEET 4 OF 5 AVPLAT2003-AR3774 13°48'l 1", A CHORD BEARING OF S.30°25'01"E., AND A CHORD LENGTH OF 7.86 FEET; THENCE ALONG TIlE ARC OF SAID CURVE, AN ARC LENGTH OF 7.88 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 77004'35", A CHORD BEARING OF S.44°41'34"W., AND A CItORD LENGTH OF 43.61 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 47.08 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVI]~G: A RADIUS OF 74.09 FEET, A CENTRAL ANGLE OF 20°04'16", A CHORD BEARH~G OF N.g6°54'33"W., AND A CHORD LENGTH OF 25.82 FEET; THENCE ALONG TH~ ARC OF SAID CURVE, AN ARC LENGTH OF 25.95 ~F.T TO THE POINT OF CURVATURE OF A CURVE TO ~ LEFT, HAVING: A RADIUS OF 80.00 FEET, A C~ ANGLE OF 11°56'19'', A CHORD BEARING OF N. g3°56'03"W., AND A CHORD LENGTH OF 16.64 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 16.67 FEET TO THE END OF SAH3 CURVE; THENCE N. g9°54'13"W., A DISTANCE OF 69.67 FEET TO TH~ POINT OF BEGINNING. PARCEL CONTAINS 0:45 ACRES, MORE OF LESS. TOTAL AREA OF LAND DESCRIBED IS 2.01 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO TI-IE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~ 01/08/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY ~ PROOFED BY ~ Z:LEGAL DESCRIPT~NS/009$/LAKE MODIFICATION LEG~&DEH. LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENTSII.DWG) ~ APR 2 2 2003 4OF5 P.Gg P O.E. F...deldW~T I 'I'I~IC/' 'A° I-.~ £ 38 I · t~ L5 SOUTHV£ST crier ~ TRACT A, CARILLON, PLAT )I]I]K 2l, PAKji:S 59-61 C] 270.8~' 14~7.67' 4.47' 40.~' 54.J8' C4 I~' 14.~' C18 55.65' El9 48.55' 68.79' C~O ~0.~' 34.09' C2l 55.3l' 99.E0' CE~ 55.~' ~8. 79' C~3 9~' ~. 4~' C~4 ~' 77,~' C~ ~' 78.5~' C~' ~0.~' 3~J3' C~7 ]~.~' 88.40' C~8 ~.~' ~.7~ C~ ~' 4~' C3~ ~.7~' 75.~4' C~ ~04,7~' SCAt. E: THIS EXHIBIT I. Jd~V £ MEN ~ ENLAla'GE O. UNE TA~..E LINE ,gEAI~]NG LENGTH L3 NOI'OO'37'V L 4 N0~'35'46'~ 29.63' L5 $89'54']3'E 84.02' L 21 NO0 '07'0] 'E L~E E6~*54'IO'E 5567' L~3 ~l*oo'37'v 67.56' L~4 E77'38'~3'E 64.76' L~5 N7E'EE'J4'E L~6 ~89'~'59'E 10].15' L~7 ~0~'0~'37'E 7L67' L~8 ~88'59'17'V L~ ~76'53'18'V 41.39' L30 ~40'44'54'~ 4~56' L 31 ~'55'59'E L33 5~'47'~5'V 35.42' L ~4 N~'O~00'V la.40' L 36 NgO'OO'~'V 17.05' L37 N~'O0'O0'~ 1606' L~8 59~'00'00'E ~605' L39 NO9'54'I3'V 69.67' DEL TA TA~NT C~ 116'~4'5~' 3~.58 34,09' N~'34'56'E 8]'H'03' 41.60 63.~' NT6 '30'34'E 48'~'04' ~.~6 33.07' ~9'59'~3' ]4.73 ~8.46 ' ~7'44'4X' ~4,83 ~9,3~' ~1'14'37'E 88~'~' 49.03 7~01' ~45'~6'48'E 3.) DIMENSII]NS SHI]VN HEK~:I]N ~II~E IN FEET ~IMMD DECIHALS TI~EEEO~'C34 SHEET 5 OF5 35.00' 4Z08' c3~ 74.09' z'~.9~' THIS I~ NOT A SURVEY c36 80.00' 16.67' OMPANY LEGAL DESCRtPTION SKETCH TO ACC ___ DRAiH.~.C3E E_4_~E_~a;NT TO BE ADIN~ A PO.--i-.3N OF TRACTA, CAR~LON PLAT ,m~OK ~ PA~S ~-_S~_ COl l IFR C~(TY, FLORIDA Attachment "B' PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Reeeived: ~c~. I~k.. ~:~ Petitioner: Banyan W _o~_s~ I.I.C~ a Florida limited liabiliW company Address: 5811 Pel~_n Bay Boulevard~ Suite 208 City/State: Nap!_~__. Florida Agent: PMS~ l_ne= of Naples Address: 2335 Tnminmi Trail N. # 408 City/State: Nap!_,~_~ Florida Telephone: 239-566=2719 Zip Code: 34102 Telephone: 239-43.5-9080 Zip Code: 34103 Address of Subject Property: No Site Address Location: Section 13 Township 49S Range 2SE Subdivision: Legal Description: Lot Tract "B" Block Unit See attached Exhibit "A' for legal description Plat Book 2_]_1 Page(s) 59-61 · Reason for Request~Petitioner is requesting a partial vacation of a platted water management easement (the "lC.n~ment) !o&llow Petitioner to reconfigure the water management system in accordance with SDP No. 2002-3317~ ~Aown on F. xhibit "B" attached hereto. The proposed reconfi~uration will not have an adverse impact o/the capacity of the water management system and has been approved by SFNVMD. Current Zoni~ PUD Does this affect density? No I hereby au~~t'i'! above to represent me for this petition: ~;-Yes ~] No ~ Z- 12..0"'5 /~n ture of Petitioner.. -- ~ Prat Nme (Tnfle) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Plannink Services Deportment 2800 North Horseshoe Dr. Naples, Florida 34104 (2) O) (4) Attachment "B" Page 4 of 4 If applieant is a land trust, indicate the name of benefieinries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. ~ If applicant is a partnership, limited partnership or other business entity, indicate th principals. List ali other owners. APR 2 2 2003 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt tTrans Number 386766 Date 2/19/2003 8:15:43 AM IPost Date 2/19/2003 IPayment Slip Nbr AR 3774 Appl Name: PMS, INC. OF NAPLES Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: JENNIFER CASTILLO 2335 TAMIAMI TRAIL N., #408 NAPLES FL 34103 Proj Name: RESERVE II AT BANYAN WOODS Type: RMF TAZ: 77 Subdiv Nbr: 248 Project Nbr: 2002100058 Payor' BANYAN WOODS Fee Information tFee Code Description I GL Account 12TRVC REV ACCT/VAC EASEMENT-ROW 11313832032910000000 Total Amount Waived $1000.00 $1000.00 Payment Code CHECK Payments Amount $1000.00 Account/Check Number 4966 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 Memo: Cashier/location: MCCAULEYKATY / 1 User:. SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:: APR 2 2 2003 IMAC~I~.01: FL-02-19417-21 09/17/2002 06:57:14am Pa~e ] of 2 INO_____. 0151056~ '~ ag ,e,~ 27 lm ~' os C~U~ C~TY 6843 ~ S~o~, ~ ~, FX~I~, 33014, See ~xh/.b£~ "~" aCta. c,hedbs.re~o .md made a par'c hereo~. FG~i l)ovar and author~'£S hez~rF g~nted to said ~s~ee, ~o pro~, ~e, ~ to lelX, ~ to lease ~ ~ ep~r. ~d ~ewige ~ M~ge and dl~e o~ ~e ~1 p=o~ he.in deoc~. ~~ P~P~ ~. ' - .......... ~X43-- ~~nai ~ Tax The £orogo~ng ~nstrumm~ vas acknouXedgod .., :.. IMAGE01: FL-02-19417-2 09/17/2002 06:57:14am Page 2 of 2 C(3~1c:s at ~ ][or'l'.h¥1st esE'Asr:' o~ IIJ, d 8,8c~4o~! 131 ~ d~l~e o~ 10Q.03 feet; t.l~en~ Sou~h 01009042- ~lt~ I~0~ & line lO0.00 f~ h~ o~ ~d ~11ml v~ ~ ~ ~m or arum 8~on 12, a ~m or 7S.O2 feat ~o ~e S~Xy ri~t~r~y z~ or ~0 ~ ~ (e 150.00 ~ v~de rtqht~y) ~or a ~ OF ~, ~ Sou~ 89°52'5g~ ~, ~ong eat4 8~1y O~-~y 1~, i ~ O~ ~O6.OO ~le~; ~t Su~ 01000'3~" ~, 8 ~~ O~ 200.00 g~Og; ~ 8~ ~6'30~ hm~, Z020.26 r~l ~ Mo~ 89052'59u M~, a ~~ O~ 5~Z.35 · oO~l ~ H~ OZ°O0o3~u ~, I 4$o~ O~ 373.90 M ~ olO~s~Bm b~, I d~l~8~ O~ 7~0.~ fN~l No~ 01009'42- bt, along a line ~OO.OO feet East o~ ~ vt~ ~e W~ l~e o~ ~td 8e~ton 13, · dts~ o~ 1710.00 ~ ~e ~ OF ~, C~lnlnq 43.211 ac~a o~ 1~, ~ o~ ~ w0~ AST, PL AT BO-O.K., SHEET. I PAGE 59 DEDICATION STATE' OF FLORDIA "":" COUNTY 'OF COLLIER .. .:.. AN'OW ALL'MEN By"THESE PRESENTS THAT~:~:~L'~:L. LEWIS, ,JR.,:,' , TRUSTEE AND INDIVIDUALLY, THE OWNER OF TH~.~:~i,~)E~D HEREON~HAS :.CAUSED THIS · '.PLA:T'- ENTITLED :'C'ARILLON TO. BE. MADE A~D'".~ ~ .~Y~ 'DEDICATES .1. .T'O COLLIER'COUNTY wATER-SEWER./.D~:~TR'~-~,T.,.- ALL':COLLIER COUNTY UT I L ! TY EASEl'lENTS (LABELED ON'.'-~HE:'~AT "AS"C.U.E,) .FOR THE PURPOSE OF I NSTALI,ATi~'" AND HAl NTENAN-C'E OF.~HEIR:-S'AN'i'TARY .SEWER' FAC. I"LI T'I ES. - · '2. TO' THE 'CITY' ~OF ..NAPLES THE."'~/AT~':i'F'/~C:i:L"I'T~[ES 'LOCATED Ali T. HIN" · UT[L!.'TY' EASEl"lENTS (LABELED ON T'~4E.P[AT..':~$.. 3...NON-Ex.cLuStVE"EASEHENTS FOR THEi:iE'~iL'.':[T'IE'S OF FLDRI:DA.POWER AND I,.'IQHT COI"IP'~Ii:Y,' UN! TED TELEPHOHE'::~AN.Y;: .AND ANY CABLE TEL:EVl S! ON F'R:ANCHISE, COMPANY' tII:LL BE CREAT'ED':.Iii~i~;~EPARAi'E 'P__,ASEi~ENT' II~STRUHE~IT AT THE · 'T I"HE - OF [NSTALLAT'I ON .OF THEIR :.FA.CI:[',I:TI'ESi -. · NO:CONSTRUCT'.I.ON, INSTALLATION.. H,AIN~EN'ANCE OR OPERATION OF. CABLE' .' T.i~LEVIStON:..,~')~CILITIES AND SERVZ.~-:'.~'*TNTERFERE. ~IT'~I"T.HE ELECTRIC' OR TELEPHONE. FACI'L I TIES AND SERV't~E~:? il~:i THE EVENT. A.'CABLE TEL.EVI.SION COMPANY DAMAGES THE,:FACI!:'i TIES OF ANOTHER..PUBLI*C: UTI L I TY, THE CABLE TELEVISION COMPANY SHAt:L "BE SOLELY RESPONSIBLE FOR SAID DAH^GE,~ 4, -MAINTENANCE-OF THE SURFACE WATER"HANAGEMENT, SYSTEH (LAKE):SHOIIN AS DRAINAC " 'EASEMEN'~. SHALL *BE TH~ RESPONSIBILITY 'OF-' THE. OWI~ OF T.I~T "B" IN* N'.~NCE ...... ~ iii TH' THE* .RECIPROCAL EASEHENT AOREEt~NT. THE ~TER MANAGEI~T SYST~. ,M TO COLL!.E~ ' $.--LANDSCAPE' BUFFER EASEMENTS AS SHO~dN,.ON ·THE'-PLAT ARE Ob:NED. WILL BE MAINTAINED BY THE O~/NERS*' OF'TRACTS 'A' ),ND ARE CREATED FOR THE. PURPOSE'-.OF...pL'ANTING, 'FENCING,. RETAINING NATURAL VEGETATION AND/OR CONSTRUCT'ION OF ENTRY IMPROVEMENT'S WITHIN ~ OPEN: sPAcE BUFFER EASEMENT AS SHONN iON THE PLAT' WILL BE MAINT, AINED BY THE O~INERS OF.'TRACT 'A' AND IS-CREATED FOR THE PURPOSE OF BU~LD!N'O .SEPAR APR 22 2003 THE P.U.D. 7, TRACTS 'J" AND 'K' AS SHOIIN ON THE'PLAT ,TJ~..~THE F LANDSCAPE BUFFER EASEMENT "B'''J P[R PUG MASTER PLAN ,/ '1 I I I -I i I '~-.I I I I I I I I I ~ H~ISVt'I C)/'ld ~l~d /"'.3= 1N3FJ~S~".J Id~,.4.,4tlg r~,CT I 11ACT A TRACT L-1 (LAKEE 3) APR 2 2 2003 ~v~ap uutput Page I of'...1 APR 2 2 2003 http://gis.collierappraiser.com/se~,vX¢~ com.esri.esrirnap. Esrimap?ServiceName_-ccpa_desig... 1/21/2003 RGB. POINT Or 'BEGINNING P.O.C. F~]INT ~ {'~]NN[NEEN[NT T,ERLrBr eEC 2.) THIS Iqi~RTY IS StJ~J(CT TO CA~S, ~$~T~ ~ ~C~. C17 3~ ~ ~ ~ ~ IN FEET ~ ~Cl~S T~* cl~ 4~' ~7~' I I I I I SK~CH TOA~P~LEGAL DE~;~ ] I. ] I J D~GE ~4~ TO ~ VA~ I I=1~1=~ I ~1'1= I~/ 1502-A RAILHEAD NAPLE~ FLOM~ M110 APR 2 2 2003 POIHT 01r KGINI~NG POIHT I~ CI~HEHCEHEK~ /? P,O.~. L5 I SDUTI4V~ST CDMN('~ DF' TR~CT A, C~,~]LLI]N. ~t. AT I{])c ~$, P~$ $9-6! ~[N~ING~ RL'FEI~ TO C)iR]LL~ql, dllCCE]R~II~ TD ~ Pt. AT THEILIEC]F REC~(G ~N Iq. AT liX~( 21o Pd~GE$ 5'9 - 6Z DF TH[ PUBLIC RtC:~RB$ ~F' Cl3LLI~LR COUNTY° FLOR]DA. EXHIBIT SHI~T $ OF $ AVl)LAT2003-AICI'TT4 ;'.) THIS r-,~t~RTY IS $UB..~CT TO IEASEHENTSo RES£RVA?IQNS C~ C3~ ' RESTRICT[[]I~ ~ I~L'~RD. C33 i 3~ DIHE:NS]DdS SH05M Wg~w4 ~ IN rEf:T MI) KCI~k~.S TI'~.I~.E~.C34 SCALE, r z THIS EXHIBIT ~La, VE KEN IK~UCC~ LINE TAILE LIN~ ~M]N~ LENGTH L~g 5~'54']0'E 55.67' L~4 ~77'~'~3'~ 64.76' L~ ~'~'~ ~0].]~' L3J ~'~'5~'~ ~.37' L37 N~'OO'~'V i6.06' L39 NS~'54'I3'V 69.&7' Ctc~V£ RADIUS 'AI~C DEL TA TAM~NT CHORD ~AR]NG C~ ]4~7,67' 4.47' 0']0'46' ~4 4.47' C3 40,~' ~4.18' 77'~'~' ~J7 ~.~3' ~7'~4~'~ CJ7 ~' 4~8l' ]16'~'~' ~.58 34.09' C/~ 4~.5~' 68.79' 8]'1]'03' 4Z.~ 6~ NTE'~'34'E C~ 4~' 34.09' 48'~'04' ]~6 3~07' C~ 5~' 2~79' ~9'~3' ]4.73 ~4&' C~3 9~ ~.4~' ~7'44'47' ]4.83 ~9.31' Ml'I4'3X'E C~4 ~' 77.~ ' ~ 49.03 7~0]' S45'~'48~ C~8 I~' ~.~ 7'13'31' 11.~ g~.68' ]04.7~' 64.~' ~'33']7' ~7 6~4' ~'~'~ 3~ 47.~' 77~4'~' ~E RE~ AT v~ /,,! (LAJCE 3) APR 2 2 2003 Details Folio No.1227X000028 O,~T~ N'----..~; P__~.,UYAN WOODS LLC ~-~<~-~=~ 56tl PELJC~N BAY BLVD $~ 2O8 c.d.APL-- I s~--! FL Page I of 1 Current OwDemhip , P~F:'M-~f AGG'MI ~ AIRPORT RD N ! ~,p! :4156 - :710 Lr.~ i BANYAN WOODS I TRACT A Sub No. 174200 I BANYAN WOODS 94 U MISCELLANEOUS 6.66 I..q-'p No.~ Str. p No. I 4^1: I 1T;.0o^14^. I 2002 Final Tax Roll Values I (+) ~mfxx, vod v, lue [ (=) Market Value [ (-) SOH Exempt Value [ (=) Aefmaused Value (-) Homestead and other Exempt Value {=) Taxable Value SlOO.OO i D,t, S 2S. o0 $126.00 $ 0.00 125.00 $ 0.00 125.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book. P,g, The Informa§on is Updated Weekly. http://www .collicrappraiser. com/RecordDetail, asp?FolioID--0000022730000028 APR 2 2 2003 3/4/2003 Details .-~,.v No. 00256560006 Current Ownership Pro_~_nerbj_ .J.__-'~'~lll1 2650 ;'"N~. RIDGERD Page 1 of 1 I C,~&r N~,T,C; GERACE TR, ..M~RIAN H Addresses~ % WALLACE LEWIS JR ESQ , ! 6120 SW 74TH AVE ,,, I c~l ~--_~_l I st,telFL I Z~p133143- ~72o Legal 13 49 26 N1/20FWtl2 OF NWl/4, AND THAT PORTION OF S 1/2 OF W112 OF NWt/4 LYING N OF OR 2751 PG 1549 I_F$S W 100 S e~--'---~ Township A~-~ 13 49 25 1.75 ~,_,_., No. ~ lOO ~ _Use Code~ 99 [ NON-AGRICULTURAL ACREAGE 2002 Final Tax Roll Values [ Land Value I (+) Improved Value I (=) ._M=__~et Value I (') SOH Exempt Value I (=) As__ _e~ed_ Value I (') Homestead and other Exempt Value $ 88.00 I Date $ 0.00, I 081 1991 $ 88.00 $ 0.00 $ 88.00 $ 0.00 [ (=) Taxable Value $ 88.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. No. ) No. 4A13 005.£ Milla?e Area I '~ Milla_oe ] 104 B 0 Latest Sales History Book - Page I Amount 1543 - 336 $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http://www.collierappraiser.com/RecordDetail-asp?F°li°ID=0000000256560006 3/4/2003 Details Page 1 of 1 Current Ownership FMio N0.~ 255GGGOG2, I Property Addr,~! S0?0 BLAUVELT C-,~-~,- Name LEWIS JR TR, WALLACE L Acld;~B8 6120 SW 74TH AVE c~ MLU~ I st.t,I FL I "PI 33~4~-~720 LegaI CARILLON TRACT 'A' I S~.~.;on ~. Township I 13 J~ 49 i 2s I ..03 I '*~ I ~ A ~4A~3 209500 ~ CARILLON 51 I AGRJCULTURAL 2002 Final Tax Roll Values I LJ.dV.k., '" S I1<+~ Im~N'oved Value $ 0.00 (=) Market Value S 885,250.00 (-) SOH Exempt Value $ 540,825.00 (=) Assessed Value $ 344,425.00 (-) Homestead and other Exempt Value $ 0.00 I (=) Taxable Value $ 344,425.00 I Dm I SOH = "Save Our Homes" exempt value due to cap on assessment increases. 70 I 13.5679 Latest Sales History Sook. Page I The Information is Updated Weekly. IAPR 2 2 2003 http://www.collierappraiscr, com/RecorclDetail.asp?FolioiD=00000255000002553/4/2003 D~tails Page I of I Current Ownership I Fo.o .o.l-~-~07s0 II Property Addr~I S052 AIRPORT RD N I Owner Name J COMMI)NITY CENTERS ONE L L V Add _r~__-~__ %DEVELOPERS DIV REALTY CORP ~_~mn ENTERPRISE PKY PO _FUg_X ~9~042 c~l BF..AC'HWeOD J~ Statei OH I zip14412z- 8o42 "-~'-:! CARILLON TRACT "B" 13 Sub No. ~ U_=e Code Township Range Acres Map No. Strap 49 25 26.32 4A13 209500 B 14A13 ! 20.o0 IICARILLON I ~ Millaoo Area ~ 16 Jl IMPROVED COMMERCIAL ! 70 ~ 13.S679 2002 Final Tax Roll Values I Land Value I (+) Improved Value [ (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $ 6,148'868'00 t Date $11,152,339.00 I 1t/'~99s $17,301,207.00. I 0611995 s o.oo I 09/1994 $17,301,207.00 I 07/1993 S 0.00 I (=) Taxable Value $17,301,207.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book - Page 2123 - 724 2064 - 615 1882 - 462 1841 - 2313 Amount [ 2s,o24,soo.oo I $o.ool $ 6,300,000.00 I The Information is Updated Weekly. http://www.collierappraiser.comfRecordDetail.asp?Foli°ID=0000025500000750 APR 2 2 2003 3/4/2003 Dziails Page 1 of 1 Folio No.I 52730007457 Current Ownership Prop.dy Addr"~ll ~700 PINE RIDGE RD Addres~e~ 4001 TAMIAMI TRL N STE 300 NAPLES ~ Legall KENSINGTON PARK PHASE ONE I T~CT ~ Section I Town,hip ~ Ran~le I 49 ~ 25 Sub No. ~ 433000 ''~ Use COde i 94 Ar, rea KENSINGTON PARK PHASE ONE MISCELLANEOUS Map No. ] Strap No. 4A13 433000 1 14A13 2002 Final Tax Roll Values Land Value (+1 Improved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value S 100.00 $ o.oo $100.00 $100.00 $ 0.00 $100.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. Latest Sales History I uato H eoo .Pap I I 996 2249 - 1270 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730007457 3/4/2'C03 Details Page 1 of 1 Folio No.~ 52730007350 Current Ownership property Add~! S300 KENSlNG'roN PARK BLVD Owner Name~ GOODLE t i l= TR, J DUDLEY Addresses~ 4001 TAMIAMI TRL N STE 300 Cit~! NAPLES H apl 34~03 - 36sl L~I I KENSINGTON PARK PHASE ONE J TRACT R (R/W) I s,~io. II Township IIRange I Acll~ I I '~ Il ,9 II ~6 I 0 I Sub No. J 433000 ~,, Use Code ~ 94 KENSINGTON PARK PHASE ONE MISCELLANEOUS Map No. ~ strop No. 4A13 I 433000 R 14A13 104 0 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value (-) SOH Exempt Value ~ (=) Assessed Value ~ (-) Homestead and other Exempt Value ~ (=) Taxable Value JJ SOH = *Save Our Homes' exempt value due increases. $ o.50 $ 200.00 S 0.00 $ 200.00 S 0.00 $ 200.00 to cap on assessment I r~, ! 11 11996 Latest Sales History Bo~-P'~ I Amount i 2249 - 1270 $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http ://www.collierappraiser.com~ecordDetail.asp?FoliolD=O000052730007350 3/4/2003 Details Current ~ership Folio No.! S~73000a362 I ProPerty Addm.l[S~42 KENSINGTON HIGH ST I Add C~ 5242 KENSINGTON HIGH ST .Ap,ES I ste=! FL I apl 34~05 -.5~ Page 1 of 1 49 0 4A13 433000 A 154A13 ] I ~ ~ I I SINGLE FAMILY RESIDENTIAL ' 104 0 ! 2002 Final Tax Roll Values Latest Sales History I Land Value S 94,500.00 Dat~ Book - Parle Amount I (+) Improved Value $ 324;87d.00 '1212001 2943. 2900 $ _;_~_~.900.00 I (=) Market Value $ 419,376.00 02 / 200t 2779 - 1688 S 230,000.00 I (') SOH Exempt Value $ 0.00 01 1 1999 2504 - 619 $ 480,000.00 I (=) Assessed Value $ 419,379.00 11 1 1996 2249 - 1316 $ 0.00 I (') Homestead and other Exempt Value ~ $ 25,000.00 11 1 1996 2249 - 1270 $ 0.00 I (=) Taxable ValueI $ 394,376.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. APR 2 2 2003 http ://www.collierappraiser. com/RecordDetail.asp?FolioID=0000.~2'~30008362 3/4/2003 Details [ Folio No.I s273oo0.a~s Page 1 of 1 Current Ownership Property AddrluI 523~ KENSINGTON HIGH ST Ow. er Name~ HAWKINS, STEVEN L=& KIMBERLY M A~,.! .~ KENSINGTON HIGH ST C~I NAPLES H Statei FL Zlpl 34105 - 5651 LegalI KENSINGTON PARK PHASE ONE & I BLK A LOT 16 I Section I Township ~ Range I Acres I Map No. I ~3 I 49 il 2S ~ 0 I 4A~3 strap No. 433000 A 164A13 I Use Code I SINGLE FAMILY RESIDENTIAL MillaGe 0 2002 Final Tax Roll Values (=) Market Value I~ $ 420,391.00/ (-) SOH Exempt Value I~ $ 38,930.00 (=) Assessed Value ~ $ 381,461.00 (-) Homestead and other Exempt Value I~ $ 25,500.00 (=) Taxable Value I1 $ 355,961.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History ~' II .ook- p,;. lo) ~002 I~ 312s-44s 05 / 1996 ~ 2186-1168 ~mount $ 500,000.00 t $120,000.001 The Information is Updated Weekly. APR 2 2 2003 http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008388 3/4/2003 Details Page 1 of 1 Folio No.J $27.:.~00tT~i01 Current Ownership P;o~,~;; A~;~,~ ~__~. KENSINGTON HIGH ST C-.~-,~,- Namet BALE JR, ALTON G=& MARION B .~-~-.~,--zz_~_~ 30~ ~;; TER cirri oconouowoc ! L~,-_!~I KEHSINGTON PARK PHASE ONE I BLK A LOT 17 I 4~ ff 2sIt o Sub No. ~ 433000 KENSINGTON PARK PHASE ONE SINGLE FAMILY F<E.~IDENTIAL No. 174A13 2002 Final Tax Roll Values Land Value $ 94,500.00 (+) Improved Value $ 356;426.00 (=1 Market Value $ 450,928.00 (-) SOH Exempt Value $ 0.00 (=) Assess4d Value $ 450,928.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 450,928.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. I Bate 1 o3,1.6 II Latest Sales History Book.Page I Amount 2161-2063 $12o,ooo. oo } The Information is Updated Weekly. APR 2 2 2003 http//www colherapprmscr com/RccordD-,, , ~ : ' ' ' · -.~,~..asp.FolioID=O000052730008401 3/4/2003 Details Page 1 of 1 Current Ownership Folio No,I 52730008427 ~ Property Add/N4~ 8230 K]EN$1NGTON HIGH ST Owner Name~ GASS, KATHLEEEN D A,M,..113. cou~.~ c~u. DR c.fl SPa~CER I 61301 - 27M Legal~ KENSINGTON PARK PHASE ONE ~ BLK A LOT 18 '1 I Section ISub No. I ~r~ Use Code Township ~ Range ~ Acres ,9 ~ :S ~ 0 433000 1 KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL l Map No. I s~p No. I 4~t3 1433~oAlw,3 I I1,04 0 2002 Final Tax Roll Values I Land Value [ (+~ Im~ved Value [ (=) Market Value I (') SOH Exempt Value II (=) Assessed Value (-) Homestead and other Exempt Value I (=) Taxable Value s o~,soo.ool I Dm $ 304,274~) I [..os ! 1998 $ 398,774.00 1 [ 0411998 $o.oo 11[ 11;100~ $398,774.00 I 11/1~ S 0.00 ] $ 398,774.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book - Page 2419 - 2732 2412 - 1898 2249 - 1316 2249 - 1270 Amount $ 0.00 $100,000.00 $ 0.00 $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http://www.collicrappmiser.com/RecordDetail, asp?Folio~-~000052730008427 3/4/2003 Details Page 1 of I ' Current Ownership I ro;;o No.I 5273ooe-_--~-._~ I~ ;;o~,(^~-~:~l sm KENSINGTON HIGH ST I O~G~ '~;=~;i STEUE.,~,YALD, GREGORY E '~--~-- _--+- 5~:_- _ _ _ LegalI KENSINGTON PARK PHASE ONE BLK A LOT 19 SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values (+) ~mproved v~u~ ("') I~t Value (-) SOH Exempt Value Ia) Assessed Value (-) Homestead and other Exempt Value $105,__n00.00 $ 302;~_ 6.00 $ 407,_~_"~_.00 $ 0.00 S 407,_~_~6.00 $ 0.00 (=) Taxable Value I $ 407,286.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date 0611998 11 11996 11 11996 Book-Page t Amount ! 2429 - 2095 $110,000.00 ~ 2249-1316 ~ $ 0.0O1 2249- 1270 ~ S 0.00 1 The Informal~n is Updated Weekly. APR 22 2003 http://www.collierappraiser.cOm/RecordDotail.asp?FolioiD=0000052730008443 3/4/2003 Details i'-'ge 1 of 1 Folio"o.I S273000~'~9 Current ,Ownership Pr°Ix~ Addml S222 KEN$1NG¥O. HIGH ST A-~-- -'~----l""u $~ KENSINGTON HIGH ST ¢~1 N^P,__;-~ I smd FL I apl 34105 - 5651 KENSINGTON PARK PHASE ONE eLK X LOT 20 Township I Range 49 ~ 25 Sub No. ~ 433000 I ~U. Code ! I KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL M~p No. I simp No. I 4A13 1433000A 204A13 J I ~~ I ~,- i I lO4 I o I 2002 Final Tax Roll Values l(+} Improved Value (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $1 $ 253,747.00 $ 358,747.00 $ 0.00 $ 358,747.00 $ 0.00 $ 358,747.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. Latest Sales History 0711999 2576 - 1975 $ 285,300.00 041 1997 2302 - 3365 $110,000.00 11 1 1996 2249 - 1316 $ 0.00 11 1 t996 2249 - 1270 ~ $ 0.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDctail.asp ?FoliolD=0000052730008469 3/4/2003 Details Page 1 of 1 Current. Ownership Folio No.1 52730~)8485 J ~F~,~-~ A~;.--~] 1218 KENS~iGTON Ill(aH ST I C-,~er Nr.-'~,G~ FIOCCI-II, Mdli~GJId?,ET C I ,218 KENSING¥ON HIGH ST j NAPLES I S;~J FL I Zipi 3410S - S6S1 L~Tril~ KEHS.~NGTON PARK PHASE ONE 1 I BLK A LOT 21 j Sub No. I T,:,~,-,~;-,ip I I~o* I Acres 40 I 0 ~ ] 4.13 ~_~__-~0_ A 2t4.*i3 | I SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values Latest Sales History I Land Value $105,000.00 n,,h~ ~ ' P-~ Amount (+I :;~,,-c.v;d Value $ 311;820.00 *0212000 2-e~.: - 944 $ 48,900.00 · ~.:;,- ' Value $ 416,820.00 061 1998 2431 - 2227 $120,000_.00 I (') SOH Exempt Value $ 0.00 0211998 ~".9 - 361 $110,000.00 ; (=I A~;;;aed Value $ 416,820.00 11 1 t996 2249 - 1316 ..~ $ 0.00 (-) Ho~-~ad and other Exempt Value $ 25,000.00 "'11 11996 2249 - 1270 II $ 0.00 (=) Taxable Value $ 391,820.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. - http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008485 3/4/2003 Details Page 1 of I Folio No.! 52130008508 Current Ownership I Properb/Add~ 5214 KENS~IGTON HIGH ST Owner Name~ FLOREK TR, ROSE M AddressesI UTI) 5/6/87 16t6 FREESIA CT C~/I"GHLA"D PARK I s=,l iL I L~l KENSINGTON PARK PHASE ONE I BLK A LOT 22 Section I Township I Range 13 I 49 I 2s Sub No. I 433000 '/~ Use Code I IAcre~ KENSINGTON PARK PHASE ONE ISINGLE FAMILY RESIDENTIAL Map No. I strap 4A13 433000 A 224A13 ~ R ~ Mnh,~ 10,4 ~ 0 2002 Final Tax Roll Values I Land Value I (+) k,,proved Value I (=) Mark~ Value I (') SOH Exempt Value I (-) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $ 306,400.00 $ 411,400.00 $ 0.00 $ 411,400.00 $ 0.00 $ 411,400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History D~te ~ Book-Page B AmoUnt 03/1998 I 2403 -608 II $110,000.00 11 / 1996 I 2249-1316 B $ 0.00 11 11996 I 2249-1270 B $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID--O000052730008508 3/4/2003 Details Page 1 of 1 Folio No.[ 52730008524 Current Ownership Pro.t,/Addr~I s2~o KENSINGTON HIGH ST WILLIAMS TR, JUDY A UTD t0/23~92 5210 KENSINGTON HIGH ST NAPLES Legal I KENSINGTON PARK PHASE ONE I BLK A LOT 23 FL 34105 - 5851 Section I Township I Range 13 49 25 Sub No. ~ 433000 IKENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values Land Value (+) tm~'ov~d Value (-~ Market va~a (-) SOH Exempt Value (=~ Aseaeaed Value (-) Homestead and other Exempt Value (=) Taxable Value $105,000.00 $ 273,408.50 $ 378,408.00 $ 37,258.OO $ 341,150.00 $ 25,000.00 $ 316,150.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book-Page Amount 0311998 2395-533 S110,000.00 111t996 2249-1316 $ 0.00 11 /1996 2249 -1270 $ 0.00 The Informal~on is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008524 3/4/2003 Details Page i of 1 Folio No.~ 52730008540 Current Ownership. Property Addrees~ 5206 KENSINGTON HIGH ST Owner Name~ COLE, THOMAS W=& JULIE H Addresses] 227 FIALA WOODS CT c /I.APERVlLLE R sat, i,L I apl .osss- 6369 LegalI KENSINGTON PARK PHASE ONE I BLK A LOT 24 Section I[ Township II Range ~ Ar. rea ~3 i 49 " 25 ]l 0 ISub No. ~ 433000 I ~UseCode ! I KENSINGTON PARK PHASE ONE ISINGLE FAMILY RESIDENTIAL I ,,Al 3 433000 A 244A13 2002 Final Tax Roll Values I Land Value I (+) ~ value I (=) blaH(et Value I (') $OH Exempt Value I (=) Assessed Value ! (') Homestead and other Exempt Value I (=) Taxable Value $105,000.00 $ 314,534.00 $ 419,534.00 $ 39,652.00 $ 379,882.00 $ 25,000.00 $ 354,882.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page I Amount 0512002 3032 - 900 I S 545,000.00 0311998 2403 - 597~ $110,000.00 11 11996 2249 - 1316 ~ $ 0.00 11 1 1996 2249 - 1270~ $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008540 3/4/2003 Details Page I of 1 Current Ownership Folio No.I 52730008566 I Property Addres$~ 5202 KENSINGTON HIGH ST Owner Name~ GROOSE, DEXTER R=& DOROTHY Addre~se~ 5202 KENSINGTON HIGH ST CIt~l NAPLES ! s,-~,# Legal] KENSINGTON PARK PHASE ONEBLK A LOT 25 ] 0 I MaP4A13No. I Strap No. J 49 433000 A 2MA13 1 KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values Latest Sales History I+~ ~ Value (=) Market Value SOH Exempt Value (=~ A. ses~med Value Homestead and other Exempt Value (=) Taxable Value $ 99,7S0.00 $ 268,890.00 $ 368,640.00 $ 31,010.00 $ 337,630.00 $ 25,000.00 $ 312,630.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. Date Bo~k - P~ Amount 0311998 2400 - 720 $110,000.00 ~ 11 11996 2249.1316 $ 0.00 11 1 1996 2249.1270 $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http'-//www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008566 3/4/2003 D, ta;_!s Page 1 of 1 FGi;G NO.H 52730008582 Current Ownemhip Pro~rty Addm. I S198 ~.SINGTO. HIGH ST Owner NameH SHEUSI, MARY ANN Add~J 9198 KENSINGTON HIGH ST City]] NAPLES ~ SiJi~i FL I apl ~4t0s- LegalI KENSINGTON PARK PHASE ONE I BLK A LOT 26 I S~,G~n ~ TmNn~hip Ii Ranp I 13 U 49 0 25 Sub No. ~ 433000 I u,-cod, JI i flKENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values Latest Sales History I D~ .o~- P,~ I 98 1 ~)02 3114-1956 H $0.00 ~ 11~ 2570 - 1714 ~ $ 0.~ ~ 11997 2~1 - 2522~ $110,~.~ 11 11996 2~9 - 1316 $ 0.00 $105,000.00 Land Value (+) Improved Value $ 332,203.00 (=) ~et Value $ 437,203.00 (-) SOH Exempt Value $ 40,654.00 (=) Assessed Value $ 396,549.00 (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 371,549.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. 11 1 1996 2249 - 1270 $ 0.00 The InformalJon is Ul:X:lated Weekly. http://www.collierappraiser, com~ecordDetail.asp?FolioiD=0000052730008582 3/4/2003 Details Page I of 1 Folio No.~ 52730008~05 Current Ownership I Prop.rty Ad~muI S~4 KENSINGTON HIGH ST Owner Name CONOVER TR, KAY F Addr~se~ TR DTD 9-12-95 2 GLENGARRY LN I c~ AU~O~ I ~'1 · ! z~pl r~o~- LegalI KENSINGTON PARK PHASE ONE I BLK A LOT 27 Section Sub No. 49 U 25 0 4A13 433000 A 274A13 I SINGLE FAMILY RESIDENTIAL 104 0 2002 Final Tax Roll Values (+) ~.~xov. d V,.,ue I (-~M~k,~V,~u. I (') SOH Exempt Value I ( =) Assessed Value (-) Homestead and other Exempt Value I (=) Taxable Value $ 105,000.00 $ 29S,729.00 $ 400,720.00 $ o.oo $ 400,720.00 $ o.0o $ 400,720.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases, Latest Sales History ' ' Date Book. Pal~le Amount 041 1998 2411 - 2429 $ 402,000.00 0611997 2321 - 2438 $ t01,800.00 11 11998 2249 - 1316 $ 0.00 11 11996 2249 - 1270 $ 0.00 The Information is Updated Weekly. APR 2 2 2003 http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008605 3/4/2003 Details Page I of 1 Folio No.~ 52730008621 Current Ownership Property Addre~s~ $190 KENSINGTON HIGH ST Owner Name~ PITZNER, RICHARD W--& RICKI L Addrea~e~ 3123 HARI.AN CIR c~/I FrrCHBURG I S='I WI Zapl S3711 - 7204 LegalI KENSINGTON PARK PHASE ONE I BLK A LOT 28 Section Township Range Acres ) No. 13 49 25 0 4A13 Sub No. 433000 I KENSINGTON PARK PHASE ONE I ~ Uiila~e~ Area I ~ SINGLE FAMILY RESIDENTIAL ~ 104 433~00 A 284A13 ~ Milla_ae 0 2002 Final Tax Roll Values Latest Sales History Land Value ¢+) ~proved valu~ (=) Market Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value $105,000.00 .... -$ Z/9,:~i~.u~ $ 384,573.00 $ 0.00 $ 384,573.00 $ 0.00 $ 304,573.00 SOH = 'Save Our Homes' exempt value due to cap on assessment increases. O9r1997 2350 - 321~4 i $ 110,000.00 01 1 1997 2384 - 2254~ $ 0.00 ~ ~ t 1 ~ 224g- 1316 ~ s o.oo 111 1996 I 2249 - 1270 ~ $0.00 The Information is Updated Weekly. http://www.collierappraiser.com~ecordDetail.asp?FoliolD=O000052730008621 3/4/2003 Details Page 1 of 1 Folio No.1 52730008647 Current Ownership Property Addroll1 6t86 KENSINGTON HIGH ST Owner Name] FINE, ARNOLD L=& MARILYN Adclresses1 6906 PEBBLE PARK CIR c~/I WEST BLOOMF,~LD I S~'I MI I Z~pI48322-3610 I.~gal I KENSINGTON PARK PHASE ONE I BLK A LOT 29 13 49 25 0 Sub No. I 433000 ~ Use CQde~ I IKENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL Map No. I Sltap NO. 4A13 I -~--'~-- A t54 0 I 2002 Final Tax Roll Values I Value $105,000.00 (+) Improved Value $ 249,715.00 I I=) Market Value S 354,715.00 (-) SOH Exempt Value ~ $ 0.00 (=) Aasessed Value $ 364,7t5.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 354,715.00 SOH = "Save Our Homes' exempt value due to cap on assessment increases. Latest Sales History D.t. Book- p.~,. I Amo.~ 0S/1997 2309-3044 $110,000.00 11/t996 2249-1316 $ 0.00 11 / 1996 2249 - 1270 $ 0.00 The Information is Updated Weekly. http://www.Collierappraiscr.com/RecordDetail.asp?FolioiD=0000052730008647 3/4/2003 Details Page 1 of 1 Folio No.~ 52730008663 Current Ownership Propert~ Addmss~ 5182 KENSINGTON HIGH ST Owner Name~ DEAL, SARAH J Addre_=e=ml_ 5182 KENSINGTON HIGH ST SteteI FL i z~p1341o5. Legal~ KENSINGTON PARK PHASE ONE BLK A LOT 30 Section Township Range Acr~ 13 49 25 0 Map No. 4A13 433000 A 304A13 Sub No. ] 433000 KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values land Value <+~ ~ml=~Ov,,d V,du. <=~ Marlmt Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value $105,000.00 $ 2~?,965.uu $ 402,985.00 $ 38,690.00 364,295.00 $ 25,000.00 339,295.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page ~ Anlount 02 / 2002 2986 - 1007 ~ $ 518,500.00 1212000 2757 - 1762 $ 0.00 1212000 2757 - 1761 $ 0.00 04 t 1998 2404 - 625 $ 397,000.00 07/'1997 i 2333-2512 I $110,000.00 01 / 1997 ~ 2382- 792 I $ 307,900.00 11/1996 I 2249-1316 II $0.00 11/1996 ~ 2249- 1270 ~ $0.00 The Information is Updated Weekly. APR 2 2 2003 http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008663 3/4/2003 PMS, Inc. of Naples Project Management Services January 21,2003 John Houldsworth Collier County Engineering Review Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Vacation of Drainage Easement - Tract "A" Carillon Plaza Dear John: We are proposing to modify the above referenced drainage easement. Our current plan shows the relocation of the existing lake and its associated drainage easement. We are proposing to grov!de a drainage easement around the new facilities as per the South Florida Water Management rules. The property is located behind Carillon plaza which is located on the coruer of Airport- Pulling Rd and Pine Ridge Rd. in Section 13, Township 49S, Range 25E. To relocate the existing easement we will have to vacate the existing sections (+1.22 acres) and provide a new easement (+2.01 acres) for the new sections. As part of the petition to vacate the above referenced Easement, we are required to get a "Letter of No Objection" from your office. By signing the statement below, you will be acknowledging your concurrence with our proposed vacation. The easement has been provided for on the attached exhibit. Please sign where indicated on this page and mail the original to our office as expeditiously as possible. If you have any questions or I may be of further assistance, please contact me at 435- 9080 e×t 6. Jennif~ Cas'tillo Project Coordinator I have no objection to the proposed Drainage Easement vacation at Carillon Plaza, a portion of Tmct "A". i'~,~, ~c'~a.a..,,~,~a. ~.a~Z,,,~.~'T ,b t..v.n.are.'~ ~[~£1V~I~ For: COLLIER COUNTY ENGINEERING REVIEW SERVICES BY: ..-~k,--~\ (Signature) DATE: , [ a.t I.o ~, 2335 Tamiami Trail N. Suite 408, Napl~,, FL 341031 (239} 435-9080 x6 / Fax 435-9082/Email: jennifercaatillo~p APR 2 2 2003 02/2B/2003 03:47 4359082 02/26t2B03 15:~8 94~73225~5 PAC.-~ 02 PAGE 02 COLLIER COUNTY (~)VERNMENT PUI~J'C UTIr.~TTmR DIV'fRIOlq l~=tmm-y 26. 2003 2335 Tsmbaal Trail IN'., Suit~ 408 Nsples, Florida 34103 sl~01 R. T~ TRAIL I~APLEI], FL 84112 (~41) 7as-2~78 FA~: (941) 732.252~ Ca=ffion Plaza TR-A ~t Va=stion P-,mtuest ~T~syeot~? h~s _~ewed your reqvest to vaca~= ,L portion or'the ~ ,a~=neat within the rezere=eed t,rQpcny.. The Collie- County Water-Sewer Distr/~t Ires mo fmoilit/~s/n th~ mw and we thcmfore have no objection to the vacaI/on of thc =~e=~mt Should you have shy further quest/OhS, please fc=l free to contact me at 732-257I, Sinee~ly', CCi APR 2 2 2003 PMS, Inc. of Naples Project Management Services January 21, 2003 Gregory Garcia Collier County Transportation Department 2685 S. Horseshoe Drive g211 Naples, FL 34104 g:: e~_ or-lq RE: Vacation of Drainage Easement - Tract "A" Carillon Plaza Dear Mr. Garcia: We are proposing to modify the above referenced drainage easement. Our current plan shows the relocation of the existing lake and its associated drainage easement. We are proposing to provide a drainage easement around the new facilities as per the South Florida Water Management roles. The property is located behind Carillon plaza which is located on the comer of Airport- Pulling Rd and Pine Ridge Rd. in Section 13, Township 49S, Range 25E. To relocate the existing easement we will have to vacate the existing sections (+1.22 acres) and provide a new easement (+2.01 acres) for the new sections. As part of the petition to vacate the above referenced Easement, we are required to get a "Letter of No Objection" from your office. By signing the statement below, you will be acknowledging your concurrence with our proposed vacation. The easement has been provided for on the attached exhibit. Please sign where indicated on this page and mail the original to our office as expeditiously as possible. If you have any questions or I may be of further assistance, please contact me at 435- 9080 ext 6. Si cerely, . Project Coordinator I have no objection to the proposed Drainage Easement vacation at Carillon Plaza, a portion of Tract "A". BY: PRINTED NAME: ~"~-~-~;~'x ']>. ~r~g[c ,..~ (Signature) APR 2 2 2003 2335 Tamiami Trail lq., Suite 408, Naplea, FL 34103 / (239) 435-9080 x6 / Fax 435-9082/Emaii: jennifercastillo~pmsnaples.com COLLAR COUNTY TRANSPORTATION DMSION 2685 Horseshoe Drive South, Suite 212 * Naples, Florida 34104 * 239-732-2501 * Fax 239-659-5790 ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT · ~'Right-of-Way Acquisition .~.Stormwater Management '~'Design & Engineering .~oConstruction Management January 23, 2003 Jennifer Castillo PMS, Inc. of Naples 2335 Tamiami Trail, Suite 408 Naples, F!o~da, 34103 Subject: Tract A, Carrillon Plaza Vacation of Drainage Easement Letter of No-Objection Dear Ms. Castillo: The Collier County Stormwater Management Section has reviewed the information for filling a portion of an existing lake in regards to any impacts to the Drainage Easement that envelopes the lake area. The information as provided shows the proposed filling of the lake to be compensated with a similar area to be excavated. The existing easement is not being utilized by this Section since this is a private stormwater system maintained by Camllon Plaza Homeowner's Association. Therefore, this Section has no-objection with the vacation of the portion of the existing easement as shown on the sketches provided. This review did not cover impacts to the master drainage system for Camllon Plaza. Engineering Review Services will evaluate the effects this filling and excavation might have irs the master drainage system and make the recommendations accordingly. If you have any questions regarding this matter, do not hesitate to contact me. :Iff,, y--UT. Adarmes Minor, P.E. Engineer, Senior JCAM/jcam CC: Robert C. Wiley, P.E., Principal Project Manager, Stormwater Management Section Tom Kuck, P.E., Director, Engineering Review Services Department Reading File F:,Easement Vacat/~, Camilon l~la,~: ,~ ,- G o - - t EXECUTIVE SUMMARY RZ-2002-AR-3539 VINCENT A. CAUTERO, AICP, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., REQUESTS A REZONE FROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "RSF-5(3)' RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDMSION WITH SOME PERCENTAGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS. THIS PROPERTY CONSISTS OF 10.3-~ ACRES. THIS AREA MAY BE ADDED TO A 26.4-ACRE SUBDMSION THAT WAS APPROVED FOR A MAXIMUM OF 79 SINGLE FAMILy HOMESITES THAT IS LOCATED IMMEDIATELY TO THE NORTH. THE SUBJECT PROPERTY IS LOCATED AT 10401 AND 10407 GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The subject property is a 10.3-acre parcel that is proPOsed to be rezoned from Agricultural (A) to Residential Single Family (RSF-5(3)). The petitioner is seeking the RSF-5 zoning district because the property development regulations of that zoning district most closely match the desired lot configuration that the petitioner wishes to utilize when the parcel is subdivided into individual lots. The RSF-5 zoning district would allow development at a maximum of 5 units per acre. However the Density Rating System of the Future Land Use Element of the Growth Management Plan (GMP) limits this parcel to a maximum density of three units per acre. Therefore the petitioner has agreed to limit the density to a maximum of three units per acre and a maximum of 31 home sites. The lands to the east (across Greenway Road) and south of the subject parcel have a zoning designation of "A." The land to the west is developed as a mobile home park, and has a zoning designation of "MH." The land to the north, an undeveloped 26:t:-acre tract also owned by the petitioner, has a zoning designation of RSF-5(3). The proPOsed rezoning for the subject property to RSF-5(3) will be compatible with the RSF-5(3) zoning to the north. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities.~ Typical Impact Fees for a single-family house include: ~. APR 2 2 2003 Parks Libraries Fire School Road EMS $ 578.00 per home $ 180.52 per home $ 0.15 per square foot $1778.00 per home $1528.00 per home $ 14.00 per home Based upon the minimum sqtmre-footage requirement for an RSF-5 home of 600 square feet, the impact fee for each single story single family home would be $4,168.52. If all 31 homes were constructed, the total of the impact fees would be $124,605.12. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Urban - Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the GMP. This Subdistrict allows residential uses, including single-family family uses. The Density Rating System.Sn.the_GMP indicates that the site is eligible for a total of 3 DU/A, because the site is subject to for a Traffic Congestion Area density reduction. Base Density Traffic Congestion Area Eligible Density 4 du/a -1 du/a 3 du/a The petitioner has agreed to limit the density to a maximum of 3 DU/A, to allow a maximum of 31 dwelling units (10.3 acres x 3 DU/A = 30.9 DUs). Therefore, the proposed use and density are consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION. The Environmental Advisory Council will hear this petition after submittal of the Preliminary Subdivision Plat, so the EAC can study wetland jurisdictional lines, flowways, and habitat boundaries in relation to the proposed subdivision. This petition is seeking a rezoning to a "straight" or "conventional" zoning district, so there is no master plan that would be required for a PUD rezone. The land will need to be subdivided into separate lots before building permits can be approved. The subdivision process starts with a Preliminary Subdivision Plat, which is a site plan that shows the location of lots, roadways, preserves, and retained native vegetation. Because of this, the EAC hearing was deferred until the Preliminary Subdivision Plat (PSP) is submitted. PLANNING COMMISSION RECOMMENDATION: This petition was heard at the April 3, 2003 CCPC meeting. Mr. Strain motioned to forward petition RZ-2002-AR-3539 with a recommendation of APPROVAL WITH A REVISED LISTED OF CONDITIONS; ]VII'. Richardson seconded the motion. The MOTION PASSED unanimously. The CCPC revised C',,,altin,//8 regarding the play area/tot lot to make its provision mandatory rather than optional, ~ .d~?~~_~.I APR 22 2003 2 conditions requiting the petitioner to construct a si. dewalk along the west side of Cn'eenway Road, provide single vehicle garages for each home, and to avoid an entrance for this project on Greenway Road that would align with the Parcel owned by Ms. Eppard (Folio #00750600006). PLANNING SERVICES STAFF RECOMMEN1}ATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Staff has included conditions to reiterate commitments made by the petitioner, to address concerns raised by staff during the review of this petition, and to address the discussion at the CCPC. Planning Services staff recommended that the Collier County Planning Commission forward Petition RZ-2002-AR-3539 to the Board of County Commissioners a recommendation of approval with the following conditions: 1. The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 31 single-family dwelling units/residences. 2. All purchasers must qualify as low-, very low-, or very, very low-income buyers pursuant to then existing standards. o Prior to the issuance of any site development plan approval, the property owner must demonstrate that the subject property has legal access to the site from the public road network. No building permits for construction on the subject parcel will be issued until a road constructed to County standards is constructed within the legal access to the site. No Certificates of Occupancy will be issued until the constructed road has been issued a Certificate of Compliance. The subject property contains a low area identified with a few large cypress and laurel oak and other "wetland" plant species. At the time of site development plan submittal the developer must provide evidence of a wetland jurisdictional determination of the low area by the agency with authority to render such determinations. The project name and internal roadway names must be changed as part of the site plan development review, subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC {}Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. Because there are no County maintained stormwater management facilities that will be affected by development of this project, the rezoning review 'did not address the stormwater management requirements within the site. The project must demonstrate compliance with all ' such requirements as part of its site development plan review procedures. ge The developer must provide at least one centrally located children's play area/tot lot, that is at least ¼ acre in size to include, but not be limited to playground equipment, landscaping and (if neces.~rv irrigation, walkways, picnic areas, open play area, benches and fencing far safety), to serve the residents of this development. This play area/tot lot must belorovi/~lo.f~/~l!McC.~ APR 2 2 2003, :3 Oo to, but not later than, when certificates of occupancy are issued for 80% of the units for this project. The Master Site Plan included as part of the application for this rezoning is illustrative only, and is not considered binding on the developer or the County as to any development approvals. The subject property must be developed in compliance with all requirements of the LDC in effect at the time a development request is submitted, including constructing required mm lanes, sidewalks along both sides of roadways, and providing a 60 foot wide right-of-way. 10. The developer must provide sidewalks along the west side of Greenway Road, in compliance with the LDC. 11. The developer must construct each home to include a single car garage. 12. Access to this site from Greenway Road must be designed to avoid alignment with the driveway for the parcel identified by Folio #00750600006. APR 2 2 2003 PREPARED BY: PRINCIPAL PLANNER REVIEWED BY: DATE ~/gUSAN MURRAY, AICP ! CURRENT PLANNING MANAGER DATE MARGARET/~rUERST , PLANNING SERVICES DIRECTOR APPROVED BY: DA,I~E MM~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR RZ-2002-AR-3539 5 APR 2 2 2003 MEMORANDUM AGENDA ITEM 8-K TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMLrNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 25, 2003 PETITION: RZ-2002-AR-3539, GREENWAY ROAD REZONE OWNER/AGENT: Agent: Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Owner: Victor & Karrie Haertling 10407 Greenway Road Naples, FL 341 I4 Contract Purchaser: Habitat for Humanity of Collier County, Inc. 11550 Tamiami Trail East Naples, FL 34113 REQUESTED ACTION: This petition seeks tO rezone a 10.3-acre parcel from Agricultural (A) to Residential Single-family (RSF-5(3)). The applicant has agreed to limit the density of the tract to a maximum of three units per acre (DU/A). GEOGRAPI-HC LOCATION: The property is located on the west side of Greenway Road, approximately one mile north of its intersection with Tamiami Trail East. The subject tract is adjacent to a 26.4-acre tract that was rezoned to RSF-5 on July 1, 2002 with the same 3 DU/A maximum density. PURPOSE/DESCRIPTION OF PROJECT: The petitioner indicates that he wishes to develop this 10.3-acre site with a maximum of 31 single- family homesites. This site is to be developed concurrently with, and part of, the development of the 26.4-acre site to the north. The applicant has provided a master site plan as part of the application, however this site plan is not binding as Part of the rezoning process. Site plan details will be determined as part of the preliminary platting process if zoning is approved. The p~ illustrates that the two tracts are proposed to have two access points onto Green'~ access points will be located on the northerly 26.5-acre tract, not on this tract, bec not have frontage on Greenway Road. A developed "A" zoned tract separates this Road. The subject site has access to C-reenway Road via a 30-foot wide ingress/egress and utility easement, according to the boundary survey. The parcel is currently zoned Rural Agricultural (A), and is bordered by other parcels similarly zoned (except for a mobile home park to the southwest). The parcel is within the Urban Designated area, so it is eligible to request rezoning to RSF. The parcels to the east, across Greenway Road, are outside of the Urban Designated area and are within the proposed Rural Fringe designation. The number of dwelling units that may be permitted on the parcel, after subdivision, with the existing "A" zoning, is five. If the lot is rezoned to RSF-5 without a limitation, a maximum of 52 units could be achieved if all other requirements could be met. If the land is zoned to RSF-5 with the 3 DU/A density cap proposed by the petitioner, a maximum of 31 units could be achieved again, if all other. requirements could be met. The petitioner states that the intent of the rezone is to create lots on which Habitat For Humanity would construct homes. The RSF-5 district would allow a lot size that is typical in Habitat for Humanity developments. SURROUNDING LAND USE AND ZONING: Subject Parcel: mobile homes have been placed on each of the two 5 + acre tracts; which are zoned A Surrounding: North: East: South: West: Undeveloped; zoned RSF-5(3) rezoned by the same petitioner in July, 2002 (north of which is the undeveloped Naples Reserve Golf Club PUD) a single-family home on a five-acre tract; then Greenway Road ROW (across which is land zoned A in active agricultural use; and a single-family house) Single-family house and a mobile home on separate tracts; zoned A West Wind Mobile Home Park, developed with mobile homes; zoned MH GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential uses, including single family; institutional uses (e.g., church, day care); essential services; and, recreation and open space uses. As to residential use, review of the Density Rating System in the FLUE yields the site is eligible for 3 DU/A, unless the Affordable Housing density bonus is utilized, which could result in a maximum bonus of 8 DIJ/A, yielding a maximum eligible density of 11 DU/A. The petition did not include an affordable Housing Density Bonus agreement for consideration as part of the zoning process. The subject site is seaward and eastward of the Traffic Congestion Boundary. The Density Rating System requires a density reduction of 1 DU/A if the site is set ward of the Traffic Congestion Boundary "including an extension to the east". Base Density Traffic Congestion Area Eligible Density 4 du/a -1 du/a 3 du/aX 10.3 acres= 31 DUs Based upon the site's acreage and the allowed density of 5 DU/A in the RSF-5 2 rezone would allow a total of 132 dwelling units (10.3 acres x 5 DU/A = 52 DUs). ,nin~dis~ this site plmi - ~vhich API 2 2 2OO3 is conceptual, and not binding upon zoning density - Shows a total of 30 lots yielding a density of 2.91 DU/A. (that 30 lot figure has been changed to 31 lots on subsequent written documents.) In the application, the petitioner references the need for more affordable housing, as stated in the Housing Element, and notes the FLUE provides for a density bonus for provision of affordable housing. However, there is no mention in the rezone application of an Affordable Housing Density Bonus Agreement, nor was one submitted; but the petitioner has agreed to limit the density to 3 DU/A. Based upon the above analysis, staff concludes: The proposed uses (those allowed in RSF-5 zoning district) may be deemed consistent with the Future Land Use Element; the proposed density of 5 DU/A may not be deemed consistent with the FLUE. The petition may be deemed consistent only if the density is limited to 3 DU/A. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitione?s property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The utilities infrastructure for the future subdivision will be supplied from lines along Tamiami Trail East. The petitioner will construct lines along Greenway Road up to the parcel. This will require the homeowners along Greenway Road to connect to the utility lines (although the houses on the east side of Greenway Road are outside the Urban Area, the utility franchise area extends east of Greenway Road). The Board of County Commissioners has the option to delay the utility tie-in for the affected neighbors. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC will review the proposed development of this site prior to approval of the Preliminary Subdivision Plat, so that the EAC can study wetland jurisdictional lines, flowways, and habitat boundaries in relation to the proposed subdivision. Review by the EAC at the rezoning stage would be premature because the site plan is not binding and the EAC would only be reviewing a rectangle of land without lots, roadways or preserves. The subdivision process starts with the submittal of a Preliminary Subdivision Plat (PSP). The PSP shows the location of lots, roadways, preser~ es, and retained native vegetation. The final project design may change from what is depicted on the conceptual site plan that was provided with the rezoning petition. The design changes could result in a reduction in the number of lots that are ultimately developed on the site. The project must be in compliance with all federal, state and county regulations governing development. PLANNING SERVICES STAFF RECOMMENDATION: The proposed rezone to RSF-5(3) is consistent with the applicable provisio: O£pt~e G}~ Management Plan and Land Development Code, as conditioned by staff. Therefore, Planning Services staff recommends that the Collier County Planning Commission forward Petition RZ-2002- AR-3539 to the Board of County Commissioners with a recommendation of approval with the following conditions: 1. The subject parcel is limited to a maximum of 31 single-family homes, and the density is limited to a maximum of three units per acre. 2. All home purchasers must qualify as low-, very low-, or very, very low-income buyers. Approval of this rezoning does not imply that development approval will be forthcoming until legal access via a roadway built to county standards serves the site. Prior to the issuance of any development approvals, the property owner must show that this property has legal access via a roadway built to county standards. The subject property contains a low area with a few large cypress and laurel oak. Other wetland plants are also present. The developer must provide a wetland jurisdictional determination at the time of site developmenffconstruction plan submittal. The Greenway Road project name and the internal roadway names must be changed prior to any site development review. The new names are subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC {}Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. Because there are no County maintained stormwater facilities being affected by this project, the rezoning review did not address the stormwater management requirements within the site. The project must demonstrate compliance with all requirements as part of site development review procedures. The developer of this site is encouraged to provide at least one centrally located children's play area/tot lot, that is at least ½ acre in size to include, but not be limited to, playground equipment, landscaping and irrigation, walkways, picnic areas, open play area, benches and fencing if necessary for safety, to serve the residents of this development. This play area/tot lot should be provided prior to the issuance of the first certificate of occupancy for any structure in this project. The Master Site Plan submitted as part of the rezoning application is provided for illustrative purposes only. The site plan is not binding on the petitioner or the county. The subject property must be developed in compliance with all requirements of the LDC in effect when the project seeks development approvals, such as, but not limited to, the provision of.' turn lanes in compliance with the LDC, sidewalks along both sides of roadways, 60 foot wide rights of way. 4 APR 2 2 2003 PREPARED BY: PRINCIPP~L PLANNER DATE REVIEWED BY: CURRENT PLANNING MANAGER MARG T WUER~~E'/AIcP pLAI~~S DIRECTOR APPROVED BY: ,4-/o-0% DATE DATE COLLIER COUN'rY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN Staff report for the March 3, 2003 Collier County Planning Commission Meeting Tentatively scheduled for the March 22, 2003 Board of County Commissioners Meeting G:~Current~Deselem~Rezone cases\Greenway Road, RZ-2002-AR-3539~staff report AR-3539.doc APR 2 2 2003 REZONE FINDINGS PETITION RZ-2002-AR-3539 Section 2.7.2.5. of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map (FLUM) and the elements of the Growth Management Plan GMP). Pro: The subject petition has been found consistem with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Con: None Summary, Findings: The proposed development, capped at a density of 3 dwelling units per acre, is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: There is RSF-5(3), RSF-3 and MH zoning in the area. Con: None Summary. FindinRs: The proposed land use is consistem with the future land use pattern in the area as it is presently zoned. This property and the other properties west of Greenway Road are within the Urban Area and are eligible to rezone to a higher density district. The adjacent parcel (north) was zoned to RSF-5 with the same 3 DU/A cap last year. The entire area is located in the Urban Mixed Use District on the FLUM. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed land use is consistent with the zoning and future land use pattern in the area. Con: NONE Summary Findines: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because single-family uses are permitted by the Growth Management Plan and the adjacent zoning in this general area. The subiect site is adjacent to a tract of land that is 2.5 times larger than this site that was rezo~[ed fr~dl~ RSF-5(3) therefore the rezoning of the subject site will not create an isolate~distl~t. The ~_~_. petitioner is not the first property owner in the area requesting a rezone. I ' · J e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn. The proposed rezone results from the Urban designation in the Future Land Use Element of the Growth Management Plan. Con: None Summary Findinzs: The district boundaries are logically drawn, and they are based upon an Urban designation in the Future Land Use Element of the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The property owner believes that the property could best be utilized as a single- family subdivision, as allowed by the Growth Management Plan. An adjacent tract was rezoned for similar reasons to the same district last year. Con: None Summary. Findings: Changing conditions have resulted in the submittal of this amendment. This parcel has been within the Urban Area since 1989. However, the change is permitted by the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The parcel is within the Urban Designated Area. Neighboring parcels are. also eligible to request a rezone to a higher density zoning district. Con: The proposed rezoning will increase traffic on Greenway Road. In addition, the installation of utility lines along Greenway Road will require the neighboring parcels to connect to the utility lines. Summary, Findings: The proposed rezone will have an impact on the neighborhood. The traffic impacts should be mitigated by improvements to Greenway Road. The utility connections will have a financial impact on the neighborhood. That financial impact is in the future for this neighborhood whether it is caused by this rezone or another property · requesting a rezone. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including a~' ' m-in construction phases of the development, or otherwise affect public saf;~ 2 PI~TITIOIq R~002-~-~$~9 10. Pro: The proposed rezoning will allow creation of single-family lots. Single-family homes will generate construction traffic and traffic by the homeowners. Improvements to Greenway Road should mitigate major traffic impacts. Con: The proposed rezoning will allow creation of single-family lots. Single-family homes will generate construction traffic and traffic by the homeowners. Summary Finding, s: Single-family homes create traffic. However, since the parcel is within the Urban Area, rezoning to a higher density should be anticipated, and encouraged as those are the areas where services can most efficiently be extended to serve those uses. Improvements to Greenway Road should mitigate major traffic impacts. Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage-4:~ohlems. should not be created when construction is done in accordance with the permit. Con: None Summary Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: A 15-foot buffer will be required around the property when it is subdivided. The maximum building height in the RSF-5 district is 35 feet. The maximum building height in the A district is 35 feet. Con: None Summary Findings: All projects in Collier County are subject to the development standards of the zoning disWict in which it is located. A 15-foot buffer will be required around the property when it is subdivided. The maximum building height in the RSF-5 district is 35 feet. The maximum building height in the A district is 35 feet. Therefore, the availability of light and air to the neighbors will not be affected. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This rezone will eventually permit construction of single-family houses instead of one house and/or agricultural activities. Con: Evaluation not applicable. #~.~ 3 APR 2 2 2003 PETITION ~ Summary, Findings: An appraisal of estimated future property values resulting from a rezone from A to RSF-5(3) was not required to be submitted. However, single-family homes adjacent to agricultural land do not normally negatively affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary. Findings: Development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public weffare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed rezone complies with the Growth Management Plan. Because of this consistency, the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The property could support a single-family home and/or an agricultural operation, however the property owner is entitled to seek a rezoning that is in compliance with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the Growth Management Plan. Con: Evaluation not applicable. Summary, Findings: The property is currently zoned A and the rezone is consistent with th~, Growth Management Plan; therefore it is not out of scale with the neighborhood or the County. 15. Whether is it impossible to fmd other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. ~, Summary Findines: There are many other agricultural parcels in th petitioner wishes to build single-family homes on this parcel. I AP[~ 2 2 2003 i 4 ztt vmx m s I PETITION ~ 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findin.?,s: The subject property is a parcel previously used for agricultural activities. While site conditions (wetlands, habitat) may restrict the location and number of single-family house, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a subdivision. The subdivision will be reviewed for compliance with the Levels of Service required for public facilities in the area. APR 2 2 2003 I PETITION RZ~2002-AR-3539 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ RE-SUBMITTAL RZ-2003-AR-3539 PROJECT 02002090044 DATE: 2/13103 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Habitat for Humanity of Collier County, Inc. Applicant's Mailing Address 11550 Tamiami Trail East State FL Zip 34113 City Naples Applicant's E-Mail Address: Applicant's Telephone # 239.775.0036 ........... -F-ax # 239.775.0477 Name of Agent Vincent A. Cautero, AICP Firm Coastal Engineering Consultants, Inc. Agent's Mailing Address 3106 S. Horseshoe Drive City Naples Agent's Telephone # 239.6 S3.2324 Agent's E-Mail Address: vcautero~cecifl.com State FL Zip 34104 Fax # 239.643.1143 COLLAR COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD R£ZONE -02/2000 APR 2 2 2003 Complete the following for ail Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: N/A Mailing Address City State __ Zip Name of Civic Association: N/A Mailing Address City State ~ Zip 2. Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list ail parties with an ownership interest as well as the percentage of such interest. (Use additionai sheets if necessary). Name and Address Ownership Victor Haerfling 10407 G-reenway Road Naples, FL 34114 5O% Percentage of Karrie Haertling Same as Above APPLICATION FOR PUBLIC HEARING FOR STANDARD iiF. ZONE- 02/2082 50% APR 2 2 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Stock Percentage of Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Interest Percentage of do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Ownership Percentage of eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Ownership Habitat for Humanity of Collier County, Inc. 11550 Tamiami Trail East Naples, FL 34113 100% Percentage of Officers: (See Attached Sheet) Date of Contract: June 6, APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 2oo APR 2 2 2003 Officers: Sam Durso, M.D., President J. Wesley Blackwell, Vice President, Selection Robert Caliga, Vice President, Naples Operations Mary Ann Durso, Vice President, Family Services William Ramsay, Vice President, Immokalee Operations Peter Manion, Vice President, Development Jose Cu'anada, Treasurer Robert Hammond, Assistant Treasurer Don C. Lein, Controller Tom Schneider, Secretary Douglas L. Rankin, Assistant Secretary APPLICATION FOR PUBLIC HEARING FOR STANDARD I~g.7.ONE - 02/2002 APR 2 2 If any contingency clause or contract terms involve additional parties, individuals or officers, ifa corporation, partnership, or trust. Name and Address list all go Date subject property, acquired [--] leased [--]. Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date February 20, 2003 Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application. (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 12 Township: 51 South Range: 26 East Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 00740480003 and 00740760008 Metes & Bounds Description: See Attached Survey 4. Size of property: .~490 fi. X 918.53 fi. = Total Sq. Ft. 450,080 Acres ,~ 10.3 5. Address/general location of subject property: 10401 and 10407 Greenway Road, Naples, Florida 34114 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONK - N S Adjacent zoning and land use: Zoning RSF-5* A E A W MH Land Use Vacant; approved for subdivision with three units per acre Residential Agricultural and scattered residential Mobile Home Park Does property owner own contiguous property to the subject property? NO. If so, give complete legal description of entire contieuous !~roperty. (If space is inadequate, attach on separate page). Section: Lot: Plat Book: Metes & Bounds Description: To,reship: Range: Block: Subdivision: Page #: Property ID # Rezone Request This application is requesting a. rezone from the-of the Rural Agriculture (A) zoning district(s) to the Residential Single-Family (RSF-5) Zoning district(s). Present Use of the Property: Residential, at a density of three units per acre. Proposed Use (or range of uses) of the property: Residential Subdivision not to exceed three (3) units per acre. shall be based upon consideration of the applicable criteria noted below narrative statement describing the rezone request with specific reference to noted below. Include any backup materials and documentation in support of tt Evaluation Criteria: Pursuant to Section 2.7.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners 'APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 APR 2 2 2[lIB Standard Rezone Considerations (LDC Section 2. 7. 2. 5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed change is consistent with the goals, objectives, and policies of the Growth Management Plan. Specifically, this proposal is consistent with the Goal I of the Housing Element in that it helps create an adequate supply of decent, safe, sanitary, and affordable housing. Objective 1 in this Element contains criteria that the number of new affordable units shall increase by 500 units each year to meet the housing needs of low income families. This proposal assists the County in meeting this Objective. This proposed project will include 100% of its inventory for affordable housing. Due to the critical shortage of this type of housing supply in the County and the shrinking supply of available land in the urban area, it is appropriate to have an entire subdivision dedicated to affordable housing. 2. The existing land use pattern. The existing land use pattern consists of a mix of residential, agricultural, and service uses. The proposed project is consistent with this land use pattern in that it complements the development in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This proposed zone change will not create an isolated district that is urn'elated to adjacent and nearby districts in that surrounding zoning to.the__.w_~_st_i_s_&__aa_d_RSF-3. Additionally, the project site is adjacent to a mobile home park and a large approved PUD is located just North of the site. The property immediately to the north was rezoned to RSF-5 in June 2002 to allow development of an affordable housing subdivision. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The existing district boundaries are not illogically drawn; rather they represent a former development pattern. That pattern is changing based upon the needs of residents in the area that support various uses in this part of Collier County. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 APR 2 2 2003 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Changing conditions have had a significant impact and make this zone change necessary. The County has been committed to developing affordable housing by assisting prospective homeowners and agencies that build and/or fund affordable housing. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood since the intended use (residential) is consistent with existing uses allowed in the Future Land Use and Zoning Districts. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed project will not create or excessively increase traffic congestion in the area. Please refer to the Traffic Impact Study prepared by Vanassee Daylor LLP. The study contains a conclusion that the Level of Service (LOS) will be acceptable on all County roadways within the Radius of Development Impact (RDI) and the project will no! have a significant impact on any arterial roadway within its RDI. 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem. A drainage plan will be submitted with the plat documents meeting all requirements of the LDC and South Florida Water Management District Rules. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change will not seriously affect property values in the adjacent area. It is hoped that this new residential development will increase property values in the surrounding area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or develo property in accordance with existing regulations. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 pme APR 2 SED ~/I 1/03 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. This proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The change is needed to allow for the density sought to construct the affordable homes. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. To construct affordable homes at a density of three units per acre the zoning district must be changed. We propose a condition that limits the development to three units per acre. The condition could read: "The subject property shall contain a maximum of 31 single-family homes." 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change suggested is not out of scale with the needs of the neighborhood since residential development exists immediately west and southwest of the project site. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Cost and location are major factors. Land designated for agricultural use rather than land already zoned for residential uses tends to cost less, which allows organizations to concentrate on building more houses. Also, this property is located within the urban boundary which allows the property owner(s) and buyer more certainty regarding the requirements for development. While it is not "impossible" to find other sites in districts already allowing such uses, it is not practical. 16. The physical characteristics of the proper~ and the degree of site alteration which wouM be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The land has been cleared and is currently used for low density residential development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. II], as amended The development will be consistent with the cations LOS' adopted by Collier County and consistent with the adequate public facilities ordinance. If for some reason this property is developed as a stand alone project and not in conjunction with the property immediately north, access will be provided via the easement located at the southern end of the pr~l~~[~,,~.I easement would be upgraded to county standards that include adequate right-oflway~ I pavement and sidewalks. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 i APR 2 2 2003 l, 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. This proposed project is vital to the County's continuing effort to create and support new, affordable housing units in Collier County. In June 2002 the Collier County Board of County Commissioners changed the zoning to the property immediately north of this parcel, consisting of 26.4 acres, to RSF-5 to allow construction of an affordable homing subdivision. That property, in addition to the property under review, is intended to be developed as one development parcel by Habitat for Humanity of Collier County, Inc. Habitat proposes to develop the property at a maximum of three (3) units per acre and previously committed to pay for impact fees and connection fees, up to a maximum of $7,250.00 per house for water and sewer connections for the homes in existence on June 25, 2002, which are required by Collier County to connect to these utility systems. One hundred percent of the project's homes will be available to low, very low, or very, very low income buyers. Deed Restrictions: The County is .legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners as~-o~ii]~h-l~h~"area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that heating? NO 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8~" x 11" copy Of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility the site), APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), Or a request for waiver if appropriate. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). q. Statement of utility provisions (with all required attachments and sketches); Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 REVISED 2/11/03 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLEIED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET: REQUIREMENTS # or NOT COPIES REQUIRED REQUIRED I. Completed Application 15' . ~' - 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affida'4t, Notarized 2* 4. Pre-application notes/minutes 15- 5. Conceptual Site Plans 15' v/ 6. Environmental Impact Statement- (ELS) 4 ~r (Letter Attached) 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 v/ attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 v~ 12. Architectural Rendering of Proposed Structure(s) 4 v/ 13. Application Fee, Data Conversion Fee, Check shall be - ./' made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUB~HTTAL: Copy of Affidavit attesting that ali property owners, civic associations & property owner associations were v~' notified. Copy of audio/video recording of public meeting Written account of meeting Vr 15. Other Requirements - * Documents required for Long-Range Planning Review * 1 additional copy if for affordable homing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal ' ormation may ' delay of processing this petition. A~ent/Applicant Signature ~at~ APPLICATION FOR PUBLIC HEARING FOR ~rANDARD REZONE - 02/2002 APR22 2003 Vanasse Daylor Urban Planning Landscape Architecture Civil Engineering Traffic Engineering Environmental Science MEMORANDUM To: From: Date: Re: Greg Garcia Reed K. Jarvi, P.E. January 30, 2003 Greenway Road rezoning petition, RZ-2002-AR-3539 Project #80582.03 Please fred attached a copy of the TIS (signed and sealed) we previously submitted for the referenced project. Please note that an unsignalized intersection analysis was completed for the project that included estimated existing traffic (along Greenway Road), Phase I traffic (from recent rezoning) and Phase II traffic (this rezoning):-This-is-delineated on page 8 in Table 6. The computer analysis is included in Appendix C of the TIS. You will also find a copy of the original TIS we submitted with Phase I, which was approved by the Board for rezoning in June/July 2002. I believe these answers you comments, but if you have additional comments or questions, please don't hesitate to call. End of Memorandum 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 r 239.437.4601 F 239.437.4636 W vanday.com C:\.i-1~4~TRANSMTTTAL.C~egG.doc Job Numbec. 80439.12 · /'- |ii . '" ' ~ _ . ~ o~ . .~ .. . ] .~ . ~, '~ .~ . ., ~"~ ' . . ill ~ ~'~:, '~ . ", '" '., ~ ii~-,-j~. J, ~ j~ ~ '~ . .~ '~ -~ -~ -~ ... q S ~'~' ~ 4~.97' DEED i iJjI "j2[ Jl ~'; ~{ ~ ~- = ,..., ~ ~ ~,, ' ~,,~-. ,,~,.~~' _ . ,, INC. ~ ~ ~ ~ o22~ I bi IAI~I"l."4$~(l AV~! £0/Z/I :~l£V(I t'~0060Z00Z# 6£~£-HV-Z00Z-'ZH N 00'32'40" E 864.16' : : 'I STATEMENT OF UT!L~ ITY PROVISIONS FOR STANDARD REZONE REQUEST 2. MAILING ADDRESS: 11550 Tzmi~i Trail ~_~ CITY Naples STATE Florida e NAME OF APPLICANT: Habitat for Humanity of Collier County, Inc. ZIP 34113 ADDRESS OF SUBJECT PROPERTY Crreenway Road~ Naples, FL 34114 LEGAL DESCRIPTION: Section: _12 Lot: _N/A Plat Book 1689 Page #:_832 Metes & Bounds Description: See A~ached Survey (IF AVAILABLE): 10401 and 10407 Township: 51 South_ Range: 26 East~ Block: N/~ Subdivision: N/A ,, Property I.D.#: 00740480003 and 00740760008_ &. cOUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): (GPD capacity). e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: &. cOUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC ~G FOR STANDARD RF. ZONE- ~ DATE: 1/2/03 KAY DESELEM APR 2 2 2003 e TOTAL POPULATION TO BE SERVED: .~ PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK_22.4 GPM AVERAGE DAILY B. SEWER-PEAK 21.25 (}PM AVERAGE DAH~Y 6.4 GPM 5 GPM IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January 1, 2004 . 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within thc project mca upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utity Provision Statement ~ lO/lTD? APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 APR 2 2 2003 COLLIER COUNTY GOVERNMENT pUBLIC UTILITIES DIVISION Octob~ 28, 2002 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Michael Stephenson Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Re: Habitat for Humanity CEC File No. 02.200 Water and Wastewater Availability RZ.2002-AR-3539 PROJECT #2002090044 DATE: 1/2/03 KAY DESELEM Dear Mr. Stephenson: Water and sewer service is available for the above referenced project via existing lines along U.S. 41. If this project is not to provide the required Collier County Utility Easements (CUEs), all sewer facilities shall be owned and maintained by the owner, his successors or assi~s. If this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Utilities. All on site water facilities constructed within any multi-family tracts, clubhouse tracts, commercial tracts and common areas shall be owned and maintained by the owner, his successors, or assigns. This project, shall be. equipped with a master meter and appropriate back_flow device. All water and sewer within this project shall be owned and maintained by the owner, his successors or assigns. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downslream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, trealment and transmission facilities and sewage transmission, treatment and disposal facilities servicing the area in question and other areas of the County, based on demands within the system and other binding commitments. These expansions should provide sufficient capacity to supply the referenced pwper~s anticipated potable water and sewage treatment and disposal demands and the remainder of the District's committed capacity. However, no guarantee can be issued that other developments throughout the District will Michael Stephenson October 28, 2002 Page 2 not have an impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has rece/ved a commitment for Connections arc also subject to the availability of water and 'sewer capacity at the time formal application is received. Should water supply or sewage treatment and disposal capacity not be available, the Developer would be required to provide an interim means of water supply and treatment and sewage treatment and disposal until the District's facilities have the adequate capacity to serve the pwject. Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the payment of impact fees. Should you have any further questions, please feel free to contact me at (239) 732-2575. Sincerely, Engineering Technician CC: Diane Deoss, Revenue Supervisor Heather Sweet, Revenue Supervisor Wes Hill, Engineering Rcview Services APR 2 2 20 3 Naples, Florida 34113 October 2,5, 2002 Mr. Michael Stephenson Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Dr. Naples, Florida 34104 Dear Mr. Stcphcnson: In r~ponse to your letter dated October 15, 2002, let this serve as confirmation that the East Naples Fire Department will provide fire/emergency services to the project located in Section 12, Township 51 South, Range 26 East, Collier County, Florida (Habitat for Humanity). .. If I can be of any further assistance, please don't hesitate to give me a call at 774-2800. :~incerely,_ . ... Nick Biondo - Deputy Chief PH: (239t 774.2800 Fl (: (239) 774-3116 APR 2 2 2003 WASTE MANAGEMENT -!'i~ Exch~m,,~ Avenue Naples, FL t4104 (941) 6-194212 (941) 649-":a4~44.~x October 18, 2002 Mr. Michael Stephenson Project Construction Manager Coastal Engineering Consultants, Inc. 3106 Horseshoe Drive Naples, FL 34104 Dear Michael: As per your request, this letter is to confirm that Waste Management will provide solid waste collection services at the locations noted in your correspondence dated 10/15/02. (Copies attached) Our collection service is offered according to the terms and conditions of Collier County's Solid Waste Collection Service Agreemem with Waste Management of Florida, Inc. as amended most recently on June 12, 2001. Should any questions arise, feel free to contact us at any time. Sincerely, Ioe Coradetti District Manager Waste Management of Collier County APR 2 2 2003 I=1=1.. 4105 15th Avenue S.W. Naples, FL. 34116 FAX 353-6082 October 17, 2002 Coastal Engineering Consultants Inc. 3106 S. Horseshoe Dr. Naples, FI., 34104 Attn: Mr. Michael Stephenson To Whom It May Concern: FPL will furnish electric service upon request to Habitat for Humanity on Greenway Rd. Electric service will be supplied by FPL to the customer, based on terms and conditions outlined in the General Rules and Regulations for Electric Service as approved by the Florida Public Service Commission. Please provide the final site plan, site survey and electrical load data as soon as possible so the necessary engineering can begin. Eady contact with FPL is essential so that resources may be scheduled to facilitate availability of service when required. If you have any questions, please do not hesitate to contact me at 239 - 353-6047. Sin, cerely, ~,~J.W. White Construction Services Representative an FPL Group Company APR 2 2 2003 -Sprim November 4, 2002 Mr. Michael Stephenson Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, Florida RE: Availability of Service I Habitat for Humanity 10401/10407 Greenway Road SEC 12, TWP 51S, RNG 26E -Collier County, FL Dear Mr. Stephenson: In response to your letter dated October 15, 2002, Sprint-Florida, Inc. will provide telephone service, upon request, to the Habitat for Humanity, located at 10401/10407 Greenway Road in Naples, Florida. Telephone service will be provided based on the rules and regulations covered in our Local and General Exchange Tariff, approved and on file with the Florida Public Service Commission. In order for us to meet your service expectations and provide for the timely installation of access facilities, we need your cooperation on the following items: Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities must be recorded either through incorporation with the recorded plat of the Habitat for Humanity development, or in a manner as may be recorded in the Public Records of Collier County, Florida. A minimum 10' wide utility easement along the cable route to be provided by developer and a 40' X 40' easement may be required for switching equipment. 2. Provide a full set of construction plans and diskette (DGN format or AUTOCAD) furnished to us at the same time as plans are sent to Florida Power & Light Company. All utility easements, rights-of-way, roadways, etc., over which communications construction is necessary must be within six inches of final grade, clear of debris and lot lines properly staked and identified prior to communication facility construction. NOTE: Staking to include grade elevation. 4. Clearing, grading and staking is to be maintained by the developer during Sprint's construction activity. o Deviations to our standard construction procedures from the above, resulting in additional expense to Sprint- Florida, Inc., either during or after communication facility construction, will be appropriately billed to and borne by the developer. Road crossings provided and placed by developer at locations indicated by a Sprint-Florida, Inc.'s representative. Sprint-Florida, Inc. will provide markers. 7. Sprint-Florida, Inc. shall not be responsible for seeding/mulching disturbed areas of the 8. Notify Sprint engineering a minimum of 90 days in advance when telephone service will this area. APR 2 2 2003 November 4, 2002 Page 2 RE: Habitat for Humanity The following criteria must also be met for any multi-family or commercial building: 1. A 4' X 8' X %" plywood terminal board must be securely attached for mounting of telephone hardware, 2. Entrance conduit to be run from the property comer or utility easement into the mechanical room with no more than one 90-degree sweeps. Size and location to be determined .by a Sprint-Florida, Inc.'s representative.. 3. Access to the power ground (MGN) within five feet of our terminal or placement of a No. 6 Insulated copper ground wire. 4. A single run conduit (3/4 inch suggested) or access route from each unit to the location of the telephone termination point. 5. Conduit and equipment room to be completed 30 days prior to Certificate of Occupancy date. These requirements are necessary due to the tremendous growth within our serving area and SprintJFIodda's use of advance technology. Failure to comply with the above mentioned could result in service delays to this development. Please sign and date the acknowledgments provided below and return it in the self addressed stamped envelope included. If you should require additional information, please contact me at (239) 263-6293. Sincerely. Luis C. Negron Network Engineer I - E&C LCN:ns c: Chron File I hereby acknowledge receipt of this letter and agree with the provisions contained herein. Date Title APR 2 2 2003 Comca~Cable Communications, Inc. P.O. Box 413018 Naples, FL 34101 ( omcast October 28,' 2002 Coastal Engineering Consultants Inc GlO Michael Stephens°n 3106 S Horseshoe Dr Naples, FL 34104 Re: Habitat for Humanity-CEC File No. 02.200 10401/10407 Greenway Rd Utility Easement Approval and Letter of Availability Dear Michael, Comcast can provide its services to the above referenced property upon the execution of Cable Television Installation and Service Agreement. You will need to contact Ms. Chrisann Folk, Commercial Development Manager, at (941) 732-3843. Cornc~st'has reviewed the proposed plat for the above referenced property and find the easements provided to be adequate for the placement of our broadband facilities. If you have any further concerns, please contact me at (941) 732-3819. Sincerely, · Scott Miller, Design Coordinator Copy: Chdsann Folk, Commercial Development Manager, Comcast. ~..~.NO^ ~ APR 2 2 2003 RZ-2002-AR-3539 PROJECT #2002090044 DATE: 1/2/03 KAY DESELEM CO! J.tER COUNTY APPLICATION FOR WAIVER OF HISTORIC AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT PROJECT NAME: Orecnway Road Phase H DATE: November 1, 2002 LOCATION (COMMON DESCRIPTION): Two adjacent 5.0± acre parcels ("West Parcel" and "East Parcel") located in Section 12, Township 51S. Range 26E of Collier County, Florida. SUMMARY OF WAIVER REQUEST: The request is to waive historic and archaeological survey and assessment due to characteristics of the property. The property was previously cleared and is currently used for low density residential with cleared areas vegetated with exotics. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATE A. Name of applicant(s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Habitat for Humani _ty ofc011ier County, Inc, Mailing Address: 11550 Tamiami Trail East, Naples, Florida 34113 Phone: (239) 775-0036 FAX: (239) 775-.0477 B. Name of agent(s) for applicant, if any: Vincent A. Cautero, AICP, Coastal Engineerin_~ Consultants. Inc. Mailing Address: 3106 South Horseshoe Drive, Naples, Florida 34104 Phone: (239) 643-2324 FAX: (239) 643-1143 Page 1 of 4 APR 2 2 2003 Name of owner(s) of property, if different than applicant: Victor and Katie Haertling. Mailing Address: 10407 Greenway Road, Naples, Florida 34114 Phone: (239)775-4567 FAX: ( ) Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner(s) (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA Ao Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Hat Books of Collier County. Subdivision Name: Not applicable. Plat Book N/A Page.__N/A Unit N/A Block N/A Lot Section 12 Township 51S Range 26E N/A Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said propmlTon County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions Area: 435,600i square feet, or 10t: acres Width along roadway:. 600' (Estimated from Collier County Provertv Appraiser Data) Depth: 450' (Estimated from Collier County Property Appraiser Data) C. Present us~ of property: Low density residential. D. Present zoning classification: Low density residential. Page 2 of 4 APR 2 2 [ SECTION THREE..: WAIVER CRITERIA/WAIVER REQUEST Properties located within an area of Historical/Archaeological Probability with low potential for historical/archaeological sites may petition the Community Development and Environmental Services Admini~ator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. The Community Development and Environmental Services Admini~wator or his designee shall review and act upon the waiver request within five (5) working days of receiving the application. The waiver request shall adequately demons~ate that the area has low potential for historical/archaeological sites. Justification shall include, but not limited to the following: 1. Aerial Photograph 2. Historical land use description 3. Description of land cover, land formation and vegetation The Community Development and Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community Development and Environmental Services Administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development and Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners utilizing the procedure outlined in Section 2.2.25.11. Waiver Request Justification 1. Interpretation of Aerial Photograph: The West Parcel is primarily cleared land with low density residential and scattered planted trees. The East Parcel was previously cleared. The northern 50% of the East Parcel is vegetated with an exotic Brazilian pepper monoculture. The southern 50% of the East Parcel is cleared land with low density residential. 2. Historical Land Use Description: The West and E~_st Parcels were previously cleared. The adjacent property to the north was previously used aS a farm field. Land, cover, formation and vegetation description: There are no unique or rare vegetation associations present. The West Parcel is primarily cleared land with low density_ residential and minimal planted trees. The _~ Parcel was previously cleared. The northern 50% of the East' Parcel is densely vege~t~ed with Brazilian pepper. The southern 50% of thC East Parcel is cleared land with low densiW resident_i~!. Other: N/A Page 3 of 4 This provision is to cover instances in which it is obvious that ~ny archaeological or historic resources which may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development and Environmental Services Administrator may seek counsel of the Chairman of the Historic/Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. SECTION FOUR: CERTIFICATION The applicant shall be responsible for the accuracy and completeness ofthis application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. Co All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size ($ ½" X 14") folder. Signature of Applicant or Agent Printed Name of Applicant or Agent **TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DMSION ** .SECTIO__N FIVE: NOTICE OF DECISION A. The Community Development and Environmental Services Administrator or his designee has made the following determination: 1. Approved on: 2. Approved with Conditions on: 3. Denied on: (see attachment) (see attachment) Page 4 of 4 APR 2 2 2003 ~TWP- 50S.-RNO ge, F. TWP. 51S.-RNG. 26E.. NORTHEAST QUADRANT COLLIER COUHTY, FLORIDA · I MILE~ I 1/a sio mo u'~o 2s4o ~Jd~IN[RSHIP LTO. ,q ~v I~C & GAILY AC. R~C~ARO 50~WARTZ & HERSF..RT GAR'A. '&* USALC COUNTY wATE:R -'SL~ U11LITY '~r'AGOLA i6 &EARL 11.__.L.I ML~JR CHRIST1ANC~q & GARY OAlqCA MAIq~IOTT UN4 TED 0£L-M~rAO( PN~C. e4C. et d SIxTO SU Ac. O~S'mlCT SCHOOL BOARO OF C(XLIF. J COUNTY JOHN CHARLES & B~TTY uA~HAM & ,JAMES & OIANA WILLIAMS AC. UARCO RES I- O ~ SOUTHEAST 11 ~..~Ac. PO pORT AU KLAFrS. e~C. 9~ 2~.9 Ac WILLIAM SCHER[R QUADRANT NAI10~AL IdlM UNIT ~0 559 gist. AYe., P)~C[L Z. mC. ~c. SEE PA OF I ee.e.i I tOT No. 3 TWP. OO$.-RNG. 26F.~ .tUNLIGH? TOIL4TO C(:M)AMY. CCd. CO. ? C.~R IFYS TONE I.K~S, tNC. SOUTH COAST '~GETABt. E REALTY. INC I TWP. SIS.-RNQ. -~-~' '~ APR 2 2 20Q3 Pgo.~----. Public Information Meeting - Zone Change Request - Habitat for Humanity of Collier County, Inc. Written Meeting Account December 17, 2002 A pUblfc' information mee~g was ~-dtcted oh November 26, 200~- in the conference:.. roomof the Habitat fo~: Humanity Of Collier County, Inc. office located af 11550 Tamlami Trail East, Naples, Florida 34113. A sign-in sheet is attached. In addition to Habitat Board members and staff, County staff, · Habitat's Consultants, the property owners, two citizens, and Commissioner Fiala attended the meeting. The consultants from Habitat, along With Dr. Sam Durso, President of Habitat and Mrs. Mary Ann Durso, ExeCUtive Director of Habitat, explained the project and how it relates to the zone change previously approved by the BCC in June 2002. It was explained that Habitat is seeking a zone change for an additional 10 acres +/- to allow 30 additional lots to be developed as a residential subdivision. This area will become part of a larger subdivision consisting of 79 lots immediately to the north on 26.4 acres. Ms. Karrin Eppard and Mr. John Wilson asked questions regarding access to the property and central water and sewer hook-ups. It was explained that Habitat was responsible for paying up to $7,250.00 per house, that existed as of June 25, 2002, that are required to connect to central water and sewer once constructed by Habitat in accordance of County ordinances. This requirement was placed upon the developer of the previous 26.4 acre zone change in June. Ms. Eppard raised a concern regarding access to the Habitat site being directly across the street from her property. Dr. Durso committed to an entrance design construction that would avoid this scenario. Vince Cautero pointed out that final design would be performed in accordance with final subdivision construction plans submitted at a later date. Dr. Durso and the consultant team stated their intent to ask the BCC to rezone the property to RSF-5, but Habitat would only seek a density of three units per acre. Ms. Eppard and Mrs. Haertling (current owner of property under review) requested copies of the proposed site plan. J:~ma/2002./O220~r Il 14_Ptsblic Info APR 2 2 20133 RZ-2002-AR-3539 PROJECT #2002090044 DATE: 1/2/03 KAY DESELEM PUBLIC INFORMATION MEETING DATE: (P.I.M.) TIME: LOCATION: 14^$t~-T'ec-~ctC~ !1.5_56 q~ztnta ~q'~. E SUbJeCT: *IN AN EFFORT TO CONSTANTLY IMPROVE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW YOU WERE INFORMED OF TODAY'S MEETING? 1. Mailing Please Print .Name Address ~'?/,~~ 2. Newspaper ad 3. Other Survey # IAPR_2 2 2003 DATE: 1/2/03 KAY DESELEM AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes at their current addr~s as shown by the records of the Collier County Property Appoiser of an application request for a rezoning, PUD amendment, conditional use, variance, or parking exemption, at least ten days prior to the scheduled Pubic Information Meeting. The said notice contained the legal and or layman's description of the site property of proposed change and the time and plnce of a Public Information Meeting. Per attached letters and or property owner's list which are hereby mnde a pnrt of this Affidavit of Compliance. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this 14th day November ., 2002 by of Vincent A. Cautero , who is personally known to me. of ~o~,,~, ~ic) ~ ~t ~e ofNo~ ~blic) NOT~Y P~C APR 2 2 2003 Project 80582.05 October 11, 2002 RZ-2002-AR-3539 PROJECT #2002090044 DATE: 1/2/03 KAY DESELEM Mr. Stephen Lenberger Senior Environmental Specialist CD&ES Division 2800 North Horseshoe Drive Naples, Florida 34104 Vanasse DayIor Urban Ptanning Landscape Architecture Civil Engineering Traffic E~eeerinI Envirenme~ Science Re: Request for EIS Waiver for Greenway Road Phase II Project Section 12, Township 51S, Range 26E, Collier County, Florida Dear Mr. Lenberger: The above referenced zoning project will be increased by an additional 10-~- acres, specifically, two adjacent 5.0+ acres of land ("West Parcel" and "East Parcel") located west of Greenway Road in Section 12, Township 51S, Range 26E of Collier County, Florida. Please refer to the attachments: Exhibit 1 - Location Map, Exhibit 2 - FLUCCS Map and Exhibit 3 - Application for Waiver of Historic & Archaeological Survey & Assessment. The two adjacent 5.0+ acre parcels were previously cleared and are currently used for low density residential. The West Parcel is a disturbed site comprised of cleared land with low density residential and scattered planted trees. The East Parcel is a disturbed site that has re-vegetated with exotic Brazilian pepper in the northern 50% and comprised of cleared land and low density residential in the southern 50%. There are no wetlands or other environmentally sensitive habitats on site. The proposed project site is entirely surrounded by residential development. The Greenway Road Phase I project is immediately to the north, an existing mobile home development is located on adjacent property to the west and low density residential development exists to the south and east. Based on the adjacent land uses and the presence of exotic and nuisance vegetation on the proposed project site, there is little probability of usage by listed wildlife species. I am therefore requesting that Collier County waive all of the environmental submittal requirements. 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 239.43'?A636 W ~ F0r~ Myers - Naples APR 2 2 2003 If you need additional information, please feel free to contact me at (239) 437-4601. Thank you in advance for your consideration of this request. Sincerely, ValasseDayl°r ~ · Director, Environmental Science Attachments: Exhibit 1 - Location Map Exhibit 2 - FLUCCS Map Exhibit 3 - Application for Waiver of Historic & Archaeological Survey & Assessment Acres FLUCCS 422D ~ Pepper, IlO I Lo.I:)em~R~:__~-~.I I 1O.4l 110 Residential, Low Densiqr Total 10.41 112 Mo~ile Hame Onils FLuccs Map . '-~"'" Vanasse -+, Exhibit2 o,,,~' .. Da or Aerial Photo Date: lan 2000 ~a~.,~ 'APR 2 FLUCCS Lesend: (Ad, intent Land Uses) Date:f-~-[~.--02. :'LAND USE PETITION DATE:.I/2/03 KAY DESELEM PRE.APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Time: Project Name: Project Addr/Lochtion: ~o~~. ¥ Applicant Name: phOne: Firm: Type of Petition: Owner Name: Current Zoning: Owner Address: Meeting Attendees: Phone: SUBMITTAL REQUIREMENTS: [] [] [] [] [] 0 [] Legal Description Site Plans-one 24"X 36- and one 8 ~A" X 11" copy Application (completed & signed) Deed or contract for sale Pre-application meeting notes Addressing Checklist signed by Addressing Dept. Cover letter briefly explaining the project Owner/Agent Affidavit, signed and notarized 1 [] [] [] [] [] [] Application and Review Fees Boundary Survey Aerial Photograph Traffic Impact Statement (TIS), or waiver Transportation Review Required Environmental Impact Statement (ELS), o~ Statement of utility provisions Historical and ArcheOlogical Survey, or waiver Architectural rendering of any proposed structures OTHER REQUIREMENTS: E] NOTES: Agent/Owner Signature APR 2 2 2003 Date: 2 PRE-APPLICATION MEETING SIGN IN SHEET Project Name q Date of Meeting Name Division/Dept Regarding Phone Number Kay Deselem CDES/Plng Srvcs Current Planning {239) 213-2931 -.z tx - 6'8 / 8 F:\forms\Pre-App sign in sheet.doc 6/6/02 APR 2 2 2003 I,.1_1 ,XT'.,Z ........... I l TRAFFIC IMPACT STATEMENT -- FOR THE GREENWAY ROAD SUBDMSION REZONE Prepared for: Costal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 RECEIVED FEB 0 2 2003 Prepared by:. VanasseDaylor 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 V&D#80582.03 October 2002 t · OCT 2002 RE. 40156 APR 2 2 2003 N " " 0 25(10 .5000 . . ._~9... ~'n3sse .-~-,,,,,, Project Site Aerial Photo Exhibit 2 Aerial Photo Date: Jan 2000 Greenwmy Road TIS Gc~I Enginee~g Go~su~n~. Inc. "~":""~ Vanasse , Daylor 50O0 5OO Naple~. FL 34104 It is Ihe end useCs resl:~onsibility to ~edfy the ~ n~tPR 2 2 Pmi~t W M~622 FILE: ~522..eM.m~l EXECUTIVE SUMMARY This work force housing .Project is located on the west side of C. vreen~y Road, approximately I mile north of US 41 in Collier County. See Exhibit 1 a~d Exlu'bit 2 fdr the approximate location of the site. A Zoning Level TIS was submitted in April of 2002 for the site, which was for 90 single-family home sites on approximately 26.4 acres. This Zoning Level TIS will add ..ap additional ten (10) acres to the 26.4 acres, for a total of 36.4 acres. The site is currently undeveloped. Current Future Land Use for the site is Urban Residential Sub-District. The allowed density on the site was reduced to three (3) units per acre. The project as proposed will contain 109 single-family home sites and is projected to be complete prior to the 2005 Peak Season. Project traffic impacts to the adjacent roadway network show that there are no LOS problems in the vicinity of the projecL The traffic projections for the network indicate that in 2005 eastbound US 41 west of Greenway Road has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound Greenway Road south of the project has significant '(pr0j~/3/-~-iS/--fnore than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. With this, all County roadways 'in the vicinity of the project are project.ed to remain within LOS standards through buildout of this project. h~O rojects~805'~80582~Tmflic~80582-TI S .doc APR 2 2 2003 INTRODUCTION, This work force housing project is located on the west side of Greenway Road, approximately 1 mile north of US 41 in Collier County. See Exhibit 1 afldExl-dbit 2 for the approximate location of the site. A Zoning Level TIS was submitted in April of 2002 for the site, which was for 90 single-family home sites on approximl, tely 26.4 acres. This Zoning Level TIS will add ~ additional ten (10) acres to the 26.4 acres, for a total of 36.4 acres. The site is currently undeveloped. Current Future Land Use for the site is Urban Residential Sub-District. The allowed density on the site was reduced to three (3) units per acre. The project as proposed will contain 109 single-family home sites and is projected to be complete prior to the 2005 Peak Season. The purpose of this study is to provide the technical ~'affic analysis in support of the Rezone. Both AM and PM Peak Hour Volumes were analyzed. APR 2 2 2003 i:~ rojects~80~Traffio~80582-TIS.doc 2 ~C GENERATION Consistent with the current policy of Collier County, pwject Uip generation, was based on the rec~fly approved Transportation Impact Fee 'Update St~' (see Al~l~endlx A) fo~ income-restricted single-family homes and from discussions with Don Scott, Collier County Transportation Plarming. The following trip generation formulas were used: Single-Family (I.,u 210): ADT: Ln(T) = 0.920 Ln(X) + 2.707 AM Peak Hour: T = 0.700(X) + 9.477 PM Peak Hour: Ia(T) - 0.901 Ln(X) + 0.527 Single-Family (Income-Restrict.od): ADT: T = 4.39(X) AM Peak Hour: ,T = 15% of ADT PM Peak Hour: T = 15% of ADT The above equations were used with the land use data provided to generate the estimated trip generations for the project as shown in Table lA. The existing trnfflc on Greenway Road was determined from the 1TE Trip Generation equations for single-family dwelling units. Ther· are approximately 40 single-family homes existing on Greenway Road. Table lB shows the projected trip generation for +&e existing single-family homes on Greenway Road. Table lA PRO,~ECT TRIP GENERATION (NEW TRIPS-TOTAL OF SUB~)MSION) AM ~ ADT Peak Enter Exit Single-Family (Income-Restr/eted) 109 DU 479 72 18 54 Tomb 109 DU 479 72 18 54 Table. lB PROJECT TRIP GENERATION (EXISTING TRIPS) AM ~q.~.~. ADT Pe~k Enter Exit Single-Family (LU 210) 40 DU 446 37 9 28 Tomb 40 BU 446 37 9 28 I:U~ojects~Traffi,d~,80582-TIS.doc PM Peak 72 72 PM Pet Enter Ex~ 46 26 46 26 ~A ffF. M~- 2 2 2.R03 AI~I~.A OF INFLUENCE The existing roadway network in the area of the project is shown on Exhibit 1. We have analyzed the roadways in the area of the project within 2 miles'0fthe project. ADJACENT ROADWAY NETWORK Greenway Road Greenway Road, in the vicinity of the project is a two lane undivided local r~adway. It is under county jurisdiction. The posted speed limit is 30 mph. US 41 US 41 in the vicinity of the project is a two lane undivided highway. jurisdictiOn. The posted speed limit is 55 mph. It is under state COMMITTED ROAD IMPROVEMENTS Roadway impwvements that are currently under construction or scheduled for construction within the next three years were considered to be a committed improvement. These were identified in the Collier County Transp.ortation Imp. rovement Plan and FDOT Adopted Work Programs for Collier County, Fiscal year 2000/2001-2005/2006. According to the Collier County Transportation Improvement Plan and FDOT Adopted Work Programs for Collier County, Fiscal Year 2000/2001-2005/2006 there are no planned road improvements in the vicinity of the project in the near future. I:U:~rojects~O5~80582~TraffiC~O582-TISod°~ APR 2 2 2003 TRIP DISTRIBUTION AND ASSIGNMENT' Thc pattern of site traffic distribution is based upon locations of generators and attractors in thc. ~rea. of the project. The traffic distributi0r~ for the pf~jgct is'sh0'wn iff Table 2~ Traffic distribution for the existing single-family homes on Greenway Road was assumed to be the same as the distribution for this project. Table 2 TRAFFIC DISTRIBUTION-PM PEAK HOUR Enteri~ Traffic ~ Di~t. US 41 West of Oreenway Road' US 41 East of Greenway Road Greenway South of Project 95% loo% Tra/~ Dist. 100% i:~Projects~]OS~]58~Traffic~O582-TIS.do~ APR 2 2 200 BACKGROUNDTRAFFI~ The aVerage growth rate of each mad link was dete _rmlned using the traffic counts (1997- 2001) from the Collier County Transportation Department. 2001 Traffi~ Couhts for US 41, east of CR 951 (Sra. #608) appear to have a volume error. The 2001 quarterly traffic counts were reviewed for count station #608. It appears the fourth quarter total is double the first quarter (Peak Seas0B) total, causing the yearly average to become inaccurate. To obtain a more accurate yearly average we took the first quarter (Peak Season) total and adjusted it to-ADT using the FDOT's MOCF (0.89) and ?SCF (1.00). See Appendix A for count and factor information. The growth rate for US 41 was determine~i to be 6.2%. Due to the lack of historical data 6n Greenway Road the growth rate was assumed to be the same as US ~,1, 6.2%. This growth rate was used to project the 2001 counts forward to 2005 (see Table 3). As previously stated, the existing traffic on Greenway Road was determined from the ITE Trip Generation equations for single-family dwelling units. There are approximately 40 single-family homes existing on Greenway Road. The phase year AADT for each roadway link has been used along with the Collier County Kl0o (9.7%), Axle Factor (95.24%), and "D" Factor (55.2%) to determine a projected 2005 Peak Season Peak Hour (Directional) background volume for each roadway link. Table 3 shows the volumes given with conversation to Average Daily Traffic. The data sources used for this analysis are shown in. Appendix A..- Table 3 ' ' EXISTING & PROJECTED'TRAFFIC VOLUMES-PEAK HOUR DIRECTIONAL (2005) 1997 2001 "D" Axle "K" ~ 2001 2005 ~ ADT ADT ~ lF~ctor Factor Rat~ Pk Hour ~k Hour US 41 West of Greenway Road 10,677 13,597 55.2% 95.2% 9.7% 6.2% 693 880 US 41 East of GreenwayRoad 10,677 13,597 55.2% 95.2% 9.7% 6.2% 693 880 Greenway South of Project ~ -- 55,2% ~ 6.2% 26 30 i :~:)roj ects~O 5-..~ 582~T raffic-.~80582.TIS .doc LEVEL OF SERVICE ANALYSIS The traffic generated by the development was assigned to .the adjacent roadways using the directiOnal distribution of traffic from Table 2 abo'~e. The pw~c'{ traffic'~k~as ~en added' to the Peak Season Peak Hour directional traffic as shown in Table 4 to determine the BuildoUt Year Peak Season Peak Hour Volume and a LOS of the roadway network "with and without the project". The Arterial Level of Service'Volume Table for Minor Arterial Roads, for US 41, and Collect°rs, for Greenway Road, from David Plummer and Associates Collier County Service Volume Update, dated April 1998 was-used to determine the Level of Service. The Level of Service tables utilized in the'~nalysis aro shown in Appendix B. The analysis indicates that in 2005 eastbound US 41 west of Greenway Road has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound Greenway Road south of the project has significant (project trips more than 5% LOS Standards) roadway-impacts but not adverse (below LOS Standards) roadway impacts. Tablc 4 shows the LOS projections, with and without the project, at build out. Table 4 LEVEL OF SERVICE 2005 (PEAK SEASON PEAK HOI~_ I~rRFCTIONAL) ROADWAY US 41 West of~yRoad US41 East of Ca-colway Road Grcea~y Sou~h ofl'mject 2005 PM 2005 PM 2005 PM Peak Peak Peak .- Back Project T~al ground Traffic Traffic LOSC LOSD 880 44 924 1,030 ' 1,060 .880 1 881 1,030 1,060 30 46 76 870 920 LOS 2005 Traffic. Back L~ 1,060 1,060 C C 4.1% 1,060 1,060 C C 0.1% 920 920 C C 5.0% i:~roje~s .~0~. 582~Tmf~805~.-Tl$.doc APR' 2 2 2003 SIGNALIT~F.D INTERSECTION ANALYSIS No signalized intersections are significantly impacted b~fliis projeCtand none have been. UNSIGNALIZED INTERSECTION ANALYSIS, The US 41/Greenway Road intersection and the project access point were analyzed to determine the effects of the proposed project on the adjacent roadway network. Table 5 shows the project traffic distribution at both intersections fOr the AM a~! PM Peak HOurs. The intersections were analyzed using Synchro 5.0 computer software, which is based on the 2000 Highway Capacity Manual. See Appendix C for a detailed report of the analysis. Table 6 is a summary of the level of service and delay for each analysis. The analysis shows the intersections operating at an acceptable level of service (LOS A) with this project. See Appendix C for the Synchro 5.0 results. It should be noted that the existing traffic from the single-family homes on Greenway Road was used in the analysis. The assumed traffic generated by the existing single-family homes on Greenway Road is shown above in Table lB. Table 5-PROPOSED FUTURE (2005) Project Related Turning Movements Greenway Rd (~ Project Entrance C_n-eenw~y Rd {~ US 41 A.M. Peak P.M. Pesk Tur ns ~on V01un'~ EBR - 54 NBL 18 EBL 17 WBR 1 SBL 3 SBR 51 Tumh ~ Volurr~ EBR 26 NBL 46 EBL 44 WBR 2 SBL 1 SBR 25 Table 6 UNSIGNALIZED INTERSECTION DELAY AND LOS W/PR(MECr, ~yRd ~US41 AlVl PEAK PM PEAK 2005 2005 2005 DELAY 2005 DIa.!AY lOS Los (s c) A 8.2 A ?.? A 1.3 A 0.9 i:~ject~~Traflic'~O582-TIS.doc PRO,TECT IMPACTS TO AREA ROAD NETWORK The Level Of Service calculations for the adjacent roadway network show that there are no LO~ problems in the vicinity of the project. The analysis'"in~licates tl~t in'2005 US' 41, east and west of Greenway Road, does not have significant (project trips more than 5% LOS Standards) ro'adway impacts nor does it have adverse (below LOS Standards) roadway impacts. Similarly, the analysis indicates that in 2005 northbound C-reenway Road south of the pwject has significant (project trips more than 5% LOS Standards) roadway impacts but not adverse (below LOS Standards) roadway impacts. With this, all County roadways in the v/cinity of the project are projected to remain ~vithin LOS standards through buildout of this project. APR 2 2 2003 I:~Projects~805'~80582~Traffic~O582-TIS.doc 9 MITIGATION OF IMPAC'~. appropriate Collier County ~-Impact Fee in '- the The developer proposes pay accorda~nc¢ with the Impact Fee Ordinance2 ' oo i:~Projects~582~Tmf~c~80582-TIS-doo APR 2 2 2003 lO APPENDIX A ~ APR' 2 2 2003I, ~'¢'~ l, Tsble A-6 COLLIER COUNTY TRANSPORTATION IMPACT FEE SCHEDULE ~ T~ P~t T~ ~ ~ . ~ T~ T~ T~ · ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L~ T~ ~ T~ ~ F~ ~.812 $2,415 $2.139 ~.1~ 16.78 5.00 5.48 77% $10,196 $178 $2,281 $7.916 ~ 1.54 4.50 4:98 95% ;;'.~ ~'~ ~ $804 ~ ~ ~:~0~ sa s~ sl,243 s5.~3 s~0~ sl,34~s4.9. c.m ~ 4.52 1.30 1.78 73% se7s s15 $190 s4~ OFFICE: 710 50,00t-100,000 ~f $1 lOrZ.v2oo2 Soun:e: Tindale-Otiver and Associates, Inc. 1 Collier County Annual Traffic Counts (Listed Alphabetically) ~ta. TI Location 1997 1998 1999 2000 2001 Change 00-01 -~16 O Rattlesnake Ham Rd (CR SS4) eest o~' US 41 (SRgO/TamiamlTr) 12,156 11,097 11,089 13,103 15,920 21.50% -~18 Q Rattlesnake I-lam Rd (cR ss4) west of Collier BIvd (CR 951} .. 5,049 5,542 6,497 . 6,892 7,8411 - 13.77% ~17 Q; Rattlesnake Ham Rd (CR~64)west of County Barn Rd 9,918 10,523 10,931 !11,856 14,039 18.41% ~19 S San Marco Dr (CR ~2) east of FIoral St 4,002 2,998 3,797 4,465 4,618 3.43% .~,1 Q San Marco Rd (cR 92) east of Collier BIvd (sR 951) 5,174 5,319 4,453 6,161 6,621 7.47% ~42 Q San Marco Rd (CR92) west of Barfield Dr 8,481 9,208 8,851 9,263 9,900 6.88% ~48 S Sanctuary Rd north of Immokalee Rd (CR ~.49) 1,089 710 ill 849 9.20% ~37 Q Santa Barbara Blvd north of Davis Blvd (CR 84) 12,391 14,509 15,915 17,746 19,826 11.72% ~29 Q Santa Barbara Blvd north of Golden Gate Pkwy (c..~ sss) :22,184 23,161 24,918 25,939 27,159 4.70% ~06 Q Santa Barbara Blvd north of Radio Rd (CR 856) 26,443 27,816 26,065 28,300 31,052 9.72% ~28 Q Santa Barbara.Blvd south of Golden Gate Pkwy (CE SSS) 28,392 '30,267 31,985 31,815 32,954 3.58% 511 Q Seagate Drwest of US 41 (SR45)(TamiamITrail) 14,532 14,501 14,286 14,831 17,127 15.48% '720 S Shadowlawn Dr north bf Davis BIvd (SR 84) 5,125 5,289 . 4,926 4,739 4,703 -0.76% 523 Q Shadowlawn Dr south of Davis Blvd (SR64) 7,712 8.560 8,417! 7,337 7,920 7.94% 644 Q Thomasson Drwest of Lombard~'Lane 6,290 6,341 DISC DISC DISC '706 S Tigertail Ct west of Collier BIvd (sR 951) 2,743 2,789 2,412 2,570 2,447 -4.81% 546 Q US 41 (SR 45) at Lee County Line 25,582 30,900 30,838 31,891 32,787 2.81% 564* Q US 41 (SR 45) north of Immokalee Rd (CR 846) 51,072 47,841 46,248 46,468 0 562* Q US 41 (SR 45) north of Pine Ridge Rd (CR 8;S) 45,594 46,656 43,9021 44,117 42,102 -4.57% 577* Q US 41 (SR4S) south of 99th Ave North 42,194 39,988 39,310 37,974 0 561 , QUS 41 (sR 49) south of Pine Ridge Rd (cR 896) 48,917 51,348 50,940 52,426 55,648 6.15% 563* Q US 41 (sR 45) south of Vanderbilt Beach Rd (cR 862) 40,558 40,480 40,274 41,613 0 (;04 Q US 41 (SR 90) east of Airport Rd (CR 31) 40,6581 34,822 34,742 40,214 46,774 16.31% '1 ~08 Q US 41 (SR 90) east of Collier Blvd (cR 951) 10,677i 11,048 10,970 10,789 16,449 52.46% 545* Q US41 (sR go) east of Davis Blvd (sR84) 30,335 25,895 25,498 31,156 30,800 -1.14% 572* Q US 41 (sR 9o) east of Rattlesnake Ham Rd (cR 864) 34,156 33,805 32,154 33,566 36,312 8.18% 616 A US 41(sR g0) east of SR 29/CR 29 4;339 3,962 7,544 4,217 5,032 19.33% 571 Q iUS 41 (sR 90) west of Collier Blvd (sR 951) 23,409 23,780 22,140 22,992 22,185 -3.51% 570 Q , US 41(s~ 9o) west of San Marco Rd (cR 92) .............. 4~633---4,790 .5,013 4,875 5,159 5.82% 617 A US 41(SR 90) west of SR 29/CR 29 4,763 4,942 6,621 5,120 6,126 19.65% 646 Q Vanderbilt Beach Ext. (cRss2)east of Pelican Ridge 13,319 18,488 19,970 22,118 22,870 3.40% 579 Q Vanderbilt Beach Rd (CRSs2) east of Airport Rd (CR31) ' .13,488 17,631 20,502 24,391 27,867 14.25% 666 Q Vander'qilt Beach Rd (c_..R 862) east of Goodlette Rd (CR 89~) 20,433 22,487 24,732 9.98% 668 Q Vanderbilt Beach Rd (CR 862) east of Vineyards BIvd 13,977 17,440 19,587 721 S Vanderbilt Beach Rd (CR 862) east of Vineyards Blvd 8,550 11,795 See Station 668. 580 Q !Vanderbilt Beach Rd (cRss2)west of Collier Blvd (cR951) 5,467 6,893 8,362110,3621 11,938 15.21% 667 Q Vanderbilt Beach Rd (CR 862) west of Oakes Blvd 16,799120,5871 22,105 7.37% 722 S Vanderbilt Beach Rd (CR 862) west of Oakes Blvd 10,560 14,438 See Station 667 524 Q Vanderbilt Beach Rd (CR 862) west of US 41 (SR45/Tamlami'i'r) 16,641 19,131 18,020 17,816 20,389 14.44% 533 Q Vanderbilt-Dr (CR 9Ol) north of Vanderbilt Bch Rd (cR 882) 6,661 8,225 7,603 8,596 10,791 25.53% 578 Q Vand~rbiliDr(cRgol)northof111thAveNorth 8,066 8,859 8,66411,466 13,069 13.98% 548 Q Vanderbilt'Dr (cRgol) north of Wiggins Pass Rd (cR888) 7,918 8,753 9,180 10,419 129506 20.03% 532 Q Vanderbil.tDr(cRg01)southof111thAveN 5,189 5,838 5,772 7,075 _ I~.~..~.,,..,,[.-~=~%~'' 540 A Vineyards Blvd south of Vanderbilt Beach Rd (cR 962) 5,804 4,488 7,200 7,..~ '~"~ ~.64% 511 Q i Westclox Rd west of North15th St (sR 29) 2,572 2,627 2,822 2,952 4,q5"~ 592 A Wiggins Pa~s Rd (cR856) east of Gulf Harbor Rd 6,770 6,530 DISC. DISC. £ SC.. no 570 Wiggins Pass RdicRass) east ofVanderbilt DriCR9Ol) 3,990 4,167 4,~14: Page 4 of 5 - 1/2312002 APPENDIX B APR 2 ' !'- ' ART-TAB Version 2.0 · = I / ~ · Arterbl Levd ;~ San4~ Vdume Tald~ · I ~ ' Florida DepaAment of Transp~ ,,~.x ~:~ ! . · 'PM PE~ ' ' 1 ~ ' S~ T~e P~. ~ ~ 2,110 1~70 2.1~ 2,110 2.110' ~ ~: 1997 c~n. · N~~: ' 3 3.170 2~ . User Noles:Oeneralized~rvlce Volume "'"' I signal per r~F~ C~CTERIST~S K FACT~: 0.O97 ~.~.0~ D F~T~ 0.~0 ~o~AY C~CTEmST~S URn. T~Sff~, ~ RU~ ~ ~E: U ~,T,~ R) FREE ~ SPEED (~): TOT~ ~TH OF ~TE~ ME~S ~:Y LE~ TU~ ~YS ~:Y T~N CHA~CTE"IS~S ' ~. S~[ED INTERSECT~S: ~ -- SYSTEM CYCLE LEITH (s~): 120 WEIGHTEO THRU MOVEMENT ~IC: [0.20 · O.~ 0.40 4 4.23o .. 3.MO. 4.230 4.23o PEAK HOUR VOLUME (,BOTH DIRECTIONliI · Level ~ t.A.'qzs A B C -: D E 2 'I.800 '1.elo 1J30 4 3,780 3.350 3.750 ' 3.7B0 · 3.7~0 e s.~o s.~ao s.seo s.~o 8. 7,550 6.030 7,550 . AVERAGE ANNUAL DALLY TRAFFIC (AADT) 1 IPlerse'-'~ms w mile Peak Hour Peak Direction Through/Right vic RaUo for Full HOur Level or Servk:e Z.~.~zs A B C D E I 1.00 0.9,6 0.97 1.00 1.00 2 1.00 0.89 0.99 1.00 3 1.00 0.90 1.00 1.00 . 1.00 4 1.00 0.92 1.00 1.00 1.00 APR 2 2 2003 r ~ · · ART-TAB Version 2.0 / Florida Department of Transportation . '. ' I tl ' ' mPTtON ROAD F~.Colk~'~ I~ti . ' ~ ~ ~: ' , ' ' ~ CHARACTER~TIC$ URBAN, TRANSmONING. OR RURAL ~ ~; ~TE~ C~: FREE ~ SPEED (m~): TOT~ ~ ~ ~ (~}: ME~S ~:Y ,I~NAUZATiQN CHARACTER~TIC$ U ~U. T,~'R) 2 (l. 2. o~ 3) 30 (40A5,30.,~) NO. S~GNALIZED iNTERSECTIONS: ARRIVAL TYPE. PEAK DIRECTION: $ (1.2.3.4.5 et 6) TYPE SIGNAL SYSTEM: S (P. $. erA) SY$'rEM CYCLE LENGTH (~.c): WEIGHTED THRU MOVEMENT ii/C: 0.=; ~0.20- 0.~0~ 6 N/A 2,1~0 4.820 4,~00 4,~ 8 N/A 2.9~0 6.470 6.540 AVERAGE ANNUAL DAILY TRAFFIG (AADT) (/nc/udea wNc/e.~/~ eg/u, dv~ mm Level t.~.,~l~ A B C O E 4 ~A 14.~ 32~ 33,7~ 33,~ 6 ~A 22.~ 49.~ ~ ~.~ 8 ~A ~,~ ~.~ 67.~ 67,~ means ~e I~el ~ ~e b not och~ ~eak Hour Peak Dir~ofl Thr~g~ht vic ~o for FuU H~ L~ ~%~S A 8 C D E 1 ~A 0.42 2 ~A 0.~ 0~7 1 3 ~A 0.45 0.M 1.~ 1.~' 4 ~A 0.45 0.~ APR 2 2 2003 APPENDIX C APR 2 2 2~3 2005-AM Peak Unsignalized Analysis Without Project APR 2 2 2003 HCM Unsignalized Intersection Capacity Analysis 10/15/2002 9 '714 880 '"0 ~'' I . 27 0.92 0.92 0.92 0.92 0.92 0.92 10 776 957 0 1 29 Grade " Volume (veh/h) Peak Hour Factor Hourly flow rate (veh/h) Pedestrians Lane Width (ft) Walking Speed (fi/e) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume vCl, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tc, 2.stage'~s) · ....: · .....: .:: .~ ~:. '~: · ~: . 4.1 6.4 6.2 . IF (s) 2.2 3.5 3.3 p0queuefree% 99 ';'::i 99..:'i:-.91 ':.'.:. '*:" :' ":" ..... cM capacity (vel'dh) 719 ' 93 313 ....... .i ." ..'i~':.:::' ':. i:~:. '.:: ?'.. '.':::?:ii::?''~ .::' =~'~L~;:?-~~ :':-': 'i!'~'.:, : ':" . '"/ ':'.-";"' / .:' ..:"-" ' . .. ':'.. '. ,' ' .' '?' ' Volume Right 0. 0 0 29 ..... - . - cSH ' 719 ::'1700 .... 1700 ...... 288 ...... :'"~" ~'"~' .... '~"~' TM ' ' · Volume to Capacity 0.01 0.46 0.56 0.11 Queue Length (fi) 1 0 0 . Control Delay (s) 10.1 0.0 0.0 19.0 Lane LOS B C Approach Delay (s) 0.1 0.0 19.0 ........... · .... Average Delay 0.4 · Intersection Capacity Utilization 60.3% ICU LeVel of Service B : : 200$:;AM Pea~!without Project i:~,roje~.ts~05~80582\Traffic~Synchro~80582'AM'Peak'w°'Pr°j2005'sy6 VANASSFORT:S..T51 ' -A ! APR 2 2 2003 Page I 2005-AM Peak Unsignalized Analysis With Project APR 2 2 2003 .HCM Unsignalized Intersection Capacity Analysis, lO/23/2oo2 3: US 41 & Greenway Road 4.1 tC, single (e) ........ t~ (s) ' 2= - ~pa~ (ve~) 71S a6 312 ume To~ 26 776 '9~ Volume Right 0 0 1 85 VolUme to Capa~ 0.~ 0,46 0.~ 0.~ · · Con~ Delay is) 10~ ' 0.0 0.0 24.1 ~ ~ ~ ~ ~ ..... : 2.0~_ ~ AM pea,k;w~h Project (36.4 Acres)' ' i:~ri~]6F, ts'~8b~Sb582\Traffic~Synchro~80582-AM-Peakrwith-Pr°j2005'sy6 VANASSFORT-ST51 APR 2 2 2003 Page HCM Unsignalized Intersection Capacity Analysis 4: Project Access & Greenway Road 10/23/2002 Lane ??figurations Walking Speed (It/s) ·.,.~..-~- ,, ----;~;_..~.~..- ' : " Medi~n~storage ) ~..w~. - - - ' - v~/~staoe~- ~~...~,z-~,m~,~,,~,-,.~-.. ...... . · -~'~"~'*'=; °" ~ * 4.1 tC, single (s) tc/,~ 3.5 3.3 ..... .~ ~ ~_.~ - cM ~pa~ (ve~) 961 1~5 ' 1085 1623 1700 cSH ~. ~ Queue Lenglh (It) ...~ - , ~. ....... ' ..... ~";?:~'.'~:JJ . Lane LO ....... . ~ ..~ -~'.i~., ~ ~: -~ . ~ ~:,~ : ~proa~ LOS A 8~ Average Delay .: ,~ ........:, ...... ~: ;.~.. ~.: ..~..~ ~ .,:~. -,.~.:..;.~. ~nteis~. c~ u,,~ ." :."'..:~.:~,~.~.:-::...,':'..~.9~., ~x~ ~.~~.,..~.-.$~.';~,..- .... ~ ...~:'--- ..... '.- ~. i ccom:,w , mc,f-iCMZ..ooo APR 2 2 2OO3 2005 AM Peak with Project (36.4 Acres) i:~Projects\805~80582&Traffic\Synchro\80582'AM'Peak'with'Pr°j2005'sy6 VANASSFORT-ST51 Page 2 2005-PM Peak Unsignalized Analysis Without Project APR 2 2 2003 HCM Unsignalized Intersection Capacity Analysis 10/ls/2002 3: US 41 & Greenway Road Lane Configurations 't I' I~ . Sign Control Free Free Stop . . . Grade ' 0% 0% 0% '- Volume (veh/h) 29 880 714 2 1 16 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 32 957 776 2 I 17 Pedestrians Lane Width (It) Walking Speed (fi/s) " Percent Blockage Right turn flare (veh) None " ' Median ti/Ps .. Median storage veh) vC, conflicting volume . 778 1797 777 vCl, stage 1 conf vol vC2, stage 2 conf vol tC, Single (s) 4.1 6.4 6.2 tC~ 2 stage (s) tF (s) 2.2' 3.5 3.3 pO queue free % 96 99. .96 cM Capacity (veh/h) .838 85 397 VolUme Total Volume Left Volume Right cSH. Volume to Capacity Queue Length (fi) Control Delay (s) LaneLOS Approach Delay (s) 32 0 0 1 0 0 2 17 838 1700 1700 .~...326·. 0.04 0.56 0.46 0.06 3 0 "0.:4 .' .'.4' ' . ' :'." ' 9.5' 0.0 0.0 16.7 A C 0.3 0.0 16.7 ........ Approach' LOS Average Delay " Intersection Capacity Utilization 60.3% ICU Level of Service B To ftc. HIZooo 2005 PM Peak without Project I:lProjects\805~,80582~Traffic~Synchro\80582-PM'Peak'w°'Pr°j2005'sy6 VANASSFORT-ST51 APR 2 2 Report Page I 200S-PM Peak Unsignalized Analysis With Project HCM Unsignalized Intersection Capacity Analysis 3: US 41 & Greenwa~/Road 10/23/2002 de " O% 0% 0% '" . ~.~ ~.~: ....... ~ ....... , ...... , Peak Hour Factor o.g2 0~92 o.g2 0.~2 O.g2 o.g2 Pedestrians ...... - - - Right turn flare (veh) .......... . Median storage veh) ...... ; , _ ....... ,..~ .... - 4.1 tF (s) ..... ' ...... - -: c.M capacity (vel'dh) 837 69 39~ Volume Right 0 0 4 45 ,_ -- Control Delay (s) 9 8 0 0 0 0 17 g Log A 2005 PM Peak with Project (36.4 Acres) I:\Projects\805\80582\Traffic\Synchro\80582'PM'Peak'with'Pr°j2005'sy6 VANASSFORT-ST51 APR 2 2 2003 Synchro 5 Report Page I HCM Unsignalized Intersection CapnCity-Analysis "' ' 10/2:~2002 4: Pro'ect Access & Greenwa Road tC, sin .~~~ .... . .... . , cM ~pa~ (ve~) 871 1085 1623 Volume L~ 0 - 1085 1623 1 Lane L~ A A ..... ~proa~ LOS A . . 7.7 ...... 2005 PM Peak ~ Proj~ (~.4 ~es) ~o 5 Re~ i:~mj~s~0~0~2~Tmffic~ro~0~2-PM-P~k-~-Pmj2~5:~ ' Pa~ 2 V~SFORT~T51 Ahab/sis Dire:III7 cofldlllon~ ~ . FVA 1.230 2.7~0 User No~l: OeneraKzed SerViCe Vdume i GHARACTERISTIG~ K FACTOR: D FACT, O~ PHI=: 0.O07 O.K,O (O.,SO- I~D~ o.~o 1,7o0 (1400.2(XX~ URBAN. ~smofw~. c~ RURAl- AREA TYPE.'. ~TERIAL. CLASS: FREE FLOW SPEED TOTAL. LENGTH OF ARTERML (mO: U (IJ.T.e~ I~ 2 (1,2. e~3) $ )N CI.Le.'~C~S~S HO. SIGNALIZED ij.,/TERSECTIONS: 3~ (1.2.3.4~ od' 6') ~AL TYPE. pF,.AJC DLI~ECTloN: TYPE $1GNA/. SYSTEM: S (P. $. et A) _ (p. pmtime~ $.$emtag~u~ted~ A.,4ctuellcg SYSTEM CYCLE LENGTH (seg): .120 ~0 - 180) I.A.'qES A B C D E 2 I~/A 7.100 16,000 16.900 16,9G0 4 N/A 14.600 32.~00 33.7g0 33.700 8 N;A 22,600 ~,~ ~ ~ 8 ~A ~,~ ~,~ 67,~ 67,~ means ~e ;~*.~;; o~ set,ce is nc~ IChit~Ida ak H~r Peak D~on Thr~g~ht ~ ~ I~ Fu~ ~ L~ ~ S~ ~%~ A B C D E I ~A 0.~ O~ 1~ I~ 2 ~A 0.M O J7 1.~ 1~ 3 ~A 0.~ 0.~ 1~ 1~ 4. ~A 0.dS 0.~ 1.~ 1.~ APR 2.2 2OO3 APPENDIX C APR 2 2 2003 2005-AM Peak Unsignalized Analysis Witho .ut Project APR '2 2 20O3 HCM Unsignalized Intersection Capacity Analysis 10/15/2(x)2 _ 3: US 41 & Greenwa Road · ' ' . Grade VolUme(veh/h) g '714 880 '"0 "" ' I . 27 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Houdyflow rate (veh/h) 10 776 957 0 1 29 Pedestrians Lane Width (ft) Walking Spc=:l (It/s) Percent BIc<dmge R~ght turn flare (veh) Median type Median storage'veh) vC,-confltcting,volume vCl, stage 1 corff vol vC2. stage 2 cord' vol tO, single (I) tO, 2..stage-[t) .' ..... tF (s) pO queue free % cM capacity (veh/h) ..'. ".' -i" '": (';"-:"' ' .... :.~-Z'-"~-' ''~ ;';:. * ~ * : ' 4.1 6.4 6.2 · · ~ .... .. :. . ~ ~:-~,~ .'.' ..~......: ~, ,:, ...... ...~ ..: · :'-.~::.,.. ,.:-~.', ~. --..'... ' ' ?;::-... '::'~. '~:: :~':'4~ .... · .. :.,. '. :.,u'.... -~, ,,, ~.!~:~:: ~ .-.~.'",Ei:~,,,_~..'~¢, ~ ~,::~:h..;- ,;,'¥" .. 2.2 3.5 3.3 99 ' ' :.~:. 1 99:..':'.:!-..91 .~:'.:: '" ':' :' ' '" '":'" 719 93 313 VolUifie Left' volume Right Volume to Capacity Queue Length (It) Control Delay (s) Lane LOS 0, 0 0 29 1'700 288 ..... "" '719 t'"'1700:~ .... "' ': ............... 0.01 0.48 0.58 0.11 I 0 0 10,t ' 0,0 0.0 19.0 B 'C roach Delay (s) 0.1 0.0 19.0 ,.. . ... App ~C ....... .............. ........ . .... :...: '-:-..- ...~.....% :...~. Average Delay Intarsection Capacity Utilization 60.3% ICU LeVel of Service B 2005'AM Peak · Unsignalized Analysis With Project' APR 2 2 2003 .HCM Unsignalized Intersection Capacity Analysis_. lOt23r2002 3: US 4i & Greenwa Road .... · Pedestrian/ . , ,,. _ ,.,,~~_ Walking Speed (fi/l). ~__~: ...-. ___ -__ __,~~p~l~..~ Right turn flare (~veh_)._ -- ~edlan storage _veh...~) vCl, stage 1 conf vol ~ -_ tO. single !~ 3.3 cM capac.,Ity (vervn) -.-' Volume Right 0 0 I 85 ,, _ ..... ...... 0.46 ' , a 004' 0,56 0.32 Volume to Cep city .,_..,,,,:~~^._~_~.,.~'., ~.,.- ontrol Delay (s} 10.2 ' 0.0 24.1 ,-,~.,~.~-~.,.~;~:;:-.'~.'.;' .~ ~,~_: '.¥.~[%..,'.. ~;,...~~.,.:,,~5.'..-.;-. .... . ........ .'::.::.: :~.-:"-' :: '..: .... . .... . Page I HCM Unsignalized Intersection Capacity Anal~is .* -~ ~, t ~.. ~' vCl, stage 1 _con~f~ 64 41 3.5 3.3 Volume · 4 Queue Length~~ " A ' A · . ~ ~ ....... l~cco~'~~ To -r,~ F~Cf~t?~ooo APR 2'2 2OO3 2005 AM P~ak wilh Project (36.4 Acres) . i:~rojects~105~0582~Traffic~S)~chr°~80582"AM"Peak'with'Pr°j2005'sY8 VANASSFORT-ST51 Page 2 2005-PM Peak Unsignalized Analysis Without Project APR 2 2 2003 HCM Unsignalized Intersection Capacity Analysis 10/15~2002 Lane Configura ' · S~n ~ Volume (veh/h) 29 Peak Hour Factor 0.92 Hourly flow rate (veh/h) 32 Pedestrians Lane Widlh (It) Walking Speed (fi/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume . 778 vCl, stage I conf vol vC2, stage 2 conf vol tC, single (s) . tC,:2 stage (8) o% o% 880 714 0.92 0.92 957 776 2 0.92 2 o% 1 0.92 1 16 0.92 17 1797 .777 4.1 6.4 6.2 ,. 2~ 3.5 3.3 838 397 Volume Total ...... V(~l~me Left 32 0 0 1 Volume Right 0 0 2 17 cSH.. 838 1700 1700.~.326 ..... · ' Volume to Capacity 0.04 0.56 0.46 0.06 . . · .O....~ "'4' ': " ":": " Queue Length (it) 3 0 "'''< . ..- .... control Delay (s) 9.5 0.0 0.0 16.7 Lane'LOS A C Approach Delay (s) 0.3 0.0 16.7 .............................. Average Delay B Interse~t~:~n Capacity Utilization 60.$% ICU Level of Servioe pO qUeue free APR 2 2 2003. 2005 PM peak without Project i:~Projects\805"~80582XTraff'H~S:~chr°\80582°PM'Peak'w°'Pr°j2005'sY6 VANASSFORT-ST51 5 Report Page I 2005-PM Peak Unsignalized Analysis With Project APR 2 2 20~ HCM Unsignalized Intersection Capacity Analysis lO/2,3/20o2 3: US 41 & Road Right turn flare (veh) , · - · ~~_ _ _ _ .... .. Median storage veh) vC1, stage 1 conf vol cM ~apacity (vela/ti Control D · Av~.4~e.' ~_~_ay o~ O,~/sec ~ Log ~ Am z z z0o3 2005 PM Peak with Project (36.4 ..Acres) Synchro 5 Report h~=rojects~805~0582~Traffic~Synchro~80582.PM.Peak.witli_Proj2005.sy6 Page 1 VANASSFORT-ST51 HCM Unsignalized Intersection Capacity Analysts 4: Proiect Access & Peak Hour ~/V°olume Lef[ Approach LOS '"' 2005 PM Peak with Project (36.4 Acres) i:~rojects~0b'~0582\Traf~SYnch ro~80582.PM-Peak-with-Proj2005;sY6 ' VANASSFORT-ST51 ~ 5 Report Page 2 ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 AS AMENDED, THE COLLIER COUNTY LAND DEVEL~ CODE WHICH ESTABLISHED THE COMPREHENSIVE. ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF: COLLIER COUNTY, FLORIDA,!AMENDING THE OF~FICIAL ZONING ATLAS MAP NUMBERED 1612N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED' IMMEDIATELY TO THE NORTH OF GREENWAY ROAD rN SECTION 12, TOWNSHIP $1 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO RSF-5(3) RESIDENTIAL SINGLE- FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDIVISION WITH SOME PERCENTAGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering, representing Habitat for Humanity of Collier County, Inc., in Petition RZ-2002-AR-3539 petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district, and the Official Zoning Arias Map numbered 1612N, as described in Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein: SECTION TWO: This Ordinance shall bec. omc effective upon filing with the Department of State. APR 2 2 2003 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2003. : - ATTEST: DWIGHT E. BKOCK, CLERK BOARD OF COUNTY COMMISSIO~ COL! Jl~ COUNTY, FLORIDA DcputyClerk TOM HENN]NG, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G~. White Assistant County Attorney Exhibits: A: Legal Description B. Conditions RZ-2002-AR-3539/KD/sp LEGAL DESCRIPTION THAT PART OF THOSE. LANDS AS RECORDED 'IN OFRCtAL RECORDS BOOK 1689 AT PAGE 8:52 OF THE PUBUC RECORDS OF COLUER COUHTY, FLORIDA. BEIHG MORE PARTICULARLY DESCRIBED AS FOLLO .WS= COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THEHCE ALOHG THE EAST UNE* OF SAID*SECTION 12, NOO'll'20'E, 2,74~.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST UHE OF SAID SECTION 12, NOO'2.7'50'E 894.:55 FEET FOR A PLACE OF BEGINNIHG; THENCE N89:56'55''~W 1,$61.53 FEET TO THE WEST UNE OF THE.SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF' SAID SECTION 12; THENCE ALONG SAID WEST UNE NOO'34'O6'E 490.98 FEET TO THE NORTH UNE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALOIIG SAID NORTH UNE S89'56'55'E 1,$60.64 FEET TO THE FAST UNE OF SAIg. SECTION 1:2; THENCE ALONG SAID EAST UNE OF SECTION 12 S00'27'52'W 490.97 FEET TO THE PLACE -*OF 'BEGINNING; BEING IN THE SOUTHEAST 1/4 OF* THE NORTHEAST 1/4 OF SECTIOH 12, TOWHSHIPoSR1 SOUTH, RANGE 26 FAST, COLLIER COUHTY, FLORIDA. CONTAINS 15.$4 ACRES MORE LESS. ' LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN OFFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBUC RECORDS;. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, THENCE ALONG THE -eAST 'lINE OF SAID. SECTION 12, NOO'11'20'E, 2,743.15 FEET TO'THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST UHE OF SECTION 12, NO(r'27'50'E 894.$.5 FEET FOR A PLACE OF BEGINNING; THENCE N89'56'55''~w' 443.00 FEET; THENCE NOO'34'O6"E 490.97 FEET; 'THENCE S89'56'55'E 443.00 FEET TO THE. EAST LINE OF SAID SECTION 12; THENCE ALONG THE EAST UNE..OF SAID_.S.E~LON 12 S00'27'$0'W 490.98 FEET, TO THE PLACE OF BEGINNING. BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12o TOWNSHIP 51 SOUTH, RANGE 26 .EAST, COUJER COUHTY, FLORIDA. CONTAINS 5 ACRES OF LAHD MORE OR LESS. AN EASEMENT FOR UTILITIES AND FOR ROADWAY INGRESS AHD E(~RESS IS RESERVED OVER AHD THROUGH THE SOUTHERLY 30 FEET OF THIS PROPERTY BY THE GRAHTEES, THEIR HEIRS AND ASSIGNS IN PERPETUITY. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. Greenway Road Rezone Legal Description.. :xhibit A RZ- 2002-1R-3~IDA n'EM~ 1 APR, 2 2 2003 GREENWAY ROAD REZONE The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 31 single-family dwelling units/residences. All purchasers must qualify as low-, very low-, or very, v~ry low-income buyers pursuant to then existing standards. Prior to the issuance of any site development plan approval, the property owner must demonstrate that the subject property has legal access to the site from the public road network. No building permits for construction on the subject parcel will be issued until a road COnstructed to County standards is constructed within the legal access to the site. blo Certificates of Occupancy will be issued until the constructed road has been issued a Certificate of Compliance. The subject property contains a low area identified with a few large cypress and laurel oak and other "wetland" plant species. At the time of site development plan submittal the developer must provide evidence of a wetland jurisdictional determination of the low area by the agency with authority to render such determinations. 5. The project name and internal roadway names must be changed as part of the site plan development review, subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC §Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. 7. Because there are no County maintained stormwater management facilities that will be affected by development of this project, the rezoning review did not address the stormwater management requirements within the site. The project must demonstrate compliance with all such requirements as part of its site development plan review procedures. 8. The developer must provide at least one centrally located children's play area/tot lot, that is at least % acre in size to include, but not be limited to playground equipment, landscaping and irrigation, walkways, picnic areas, open play area, benches and fencing (if necessary for safety), to serve the residents of this development. This play area/tot lot must be provided prior to, but not later than, when certificates of occupancY are issued for 80% of the units for this project. 9. The Master Site Plan included as part of the application for this rezoning is illustrative only, and is not considered binding on the developer or the County as to any development approvals. The subject property must be developed in compliance with all requirements of the LDC in effect at the time a development request is submitted, including constructing required turn lanes, sidewalks along both sides of roadways, and providing a 60 foot wide right-of-way. 10. The developer must construct each home to include an attached single car garage. 11. Access to this site from Greenway Road must be designed to avoid alignment with the driveway for the parcel identified by Folio #00750600006. Revised: 4/4/03 to include changes made by the CCPC on 4/3/03 Cond 'on~f A roval RZ-2002-AR-3539 EXECUTIVE SUMMARy A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY CDES DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE'.. The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan One-Year Action Plan FY 2003-2004 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners previously approved submission of the County's Consolidated Plan Five-Year Plan (FY 2001-2002 through FY 2005-2006) to the U.S. Department of Housing and Urban Development (HUD. The County is required to adopt and submit a Consolidated Plan One-Year Action Plan for the FY 2003-2004 to the U.S. Department of Housing and Urban Development prior to May 15, 2003. The One-Year Action Plan was developed utilizing the County's Citizen Participation Plan adopted on January 9, 200 I. The Citizens Advisory Task Force (CATF) met on December 12, 2002, and March 20, 2003, to review proposed projects and recommended funding for the projects proposed in the One-Year Action Plan. A summary of proposed activities and funding sources are attached. FISCAL IMPACT: The HUD CDBG grant allocation is expected to be $2,774,000 and · the HOME grant allocation is expected to be $793,929. Of these amounts, up to 20% (or $554,800) is allowed for CDBG and up to 10% (or $79,392) is allowed for HOME Administration and Planning purposes. The One Year Action Plan FY 2003-2004 proposed Administration budget is $473,000 (or 17.05%) of the CDBG amount and $74,000 (or 9.322%) of the HOME amount. The CDBG and HOME staff and o 3erational costs will be paid entirely with these funds. AC, trinA ~ r-. APR 2 2 2003 GROWTH MANAGEMENT IMPACT: The Consolidated Plan One-Year Action Plan proposed projects implements the Growth Management Plan and Redevelopment Plans by providing infrastructure improvements & housing assistances to improve health, safety and welfare of the community. RECOMMENDATION: The Board of County Commissioners approve a Resolution adopting the County's Consolidated Plan One-Year Action Plan FY 2003-2004 for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. SUBM1TFED BY: ~ Date: Lee ~'~~nts Manager REVIEWED BY: Date: Lf-Cf- 0 ,,, APPROVED H. DenS. er, F~_H~fct~t/ Bjyo:se~~/~ Schmit~/~DES Adl~inis/~ . trator Date: APR 2 2 2003 Attachment to Executive Summary: Due to the volume of the FY 03-04 Action Plan, this plan can be reviewed at the following locations: Collier County Financial Administration & Housing Department 3050 North Horseshoe Drive//275 Naples, FL - Collier County Communications & Customer Relations Department 3301 E. Tamiami Trial Naples, FL Collier County Clerk of Courts - Records Department 3301 E. Tamiami Trial Naples, FL APR 2 2 2003 RESOLUTION NO. 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. an action plan that provides a basis for assessing performances; WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and Page 1 of 3 APR 2 2 2003 NOW, THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: o OF COUNTY The Board of county Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fisc'al Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar mounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and.total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, Page 2 of 3 APR 2 2 2003 form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and Patrick G. ~TVl~ite Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Page 3 of 3 APR 2 2 2003 "EXHIBIT A" Funding Resources: Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over fimds from FY 2002-2003 Total Available CDBG funds $2,778,000 50,000 $2,828,000 HOME Investment Partnerships Program Grant (HOME) FY 2003-2004 793,929 Total Available HUD funds for FY 2003-2004 $3,621,929 Activities to be Undertaken: Project CDBG Activity / Location Responsible Sub- Amount Number Recipient / Agency CD 04-01 Stormwater Drainage Improvements - Marco lsland City of Marco Island $250,000 CD 04-02 River Park Community Center - Naples City of Naples $250,000 CD 04-03 Affordable Housing Development Land Collier County FAH $350,000 Acquisition CD 04-04 Affordable Housing Infrastructure Support Habitat for Humanity of $700,000 East Naples Collier County, Inc. CD 04-05 Senior Housing - Immokalee United Church Homes $275,000 CD 04-06 Prescription Medications - Countywide Collier County Department of $130,000 Human Services CD 04-07 Job Creation -~ Immokalee Harvqst for Humanity, Inc. $100,000 CD 04-08 Senior Center Addition - East Naples Collier County Department of $83,000 Parks & Recreation CD 04-09 Job Training & Support - Immokalee IMMC~A $60,000 CD 04-10 Education & Training - Immokalee Empowerment Alliance of $54,000 Southwest Florida (EASF) - Kaleidoscope Project CD 04-11 Homeless Management Information System Collier County Hunger & $50,000 Homeless Coalition CD 04-12 Immokalee Youth Program EASF - Youth Project $50,000 CD 04-13 Fair Homing - Education & Outreach - Collier County FAH $3,000 Countywide CD 04-14 Program Planning & Administration CDBG Collier County FAH $473,000 Total CDBG $2,828,000 Project HOME Activity / Location Responsible Sub- Amount Number Recipient / Agency HM 04-01 CHDO set-aside Empowerment Alliance of SW $224,179 FL HM 04-02 Residential Rehabilitation- Countywide Collier County FAIt $225,000 HM 04-03 .Down Payment Assistance - Countywide Collier County FAH $100,000 HM 04-04 Tenant Based Rental Assistance Collier County Housing $100,000 Authority HM 04-05 CHDO Operating EASF $37,000 HM 04-06 Housing Delivery Cost Collier County FAIl $33,750 HM 04-07 Program Planning & Administration Collier County FALl $74,000 Total HOME $793,929 Page 1 of I EXHIBIT "B" AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT · Catalog of Federal Domestic Assistance # 14.218 HUD Grant # THIS AGREEMENT, is entered into this day of, 20__, by and between Collier County, a political subdivision of the State of Florida, bereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, bereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2 SUBRECIPIENT AGREEMENT WHEREAS, The Board of County Commissioners of Collier' County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003,2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; ,and .~ WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attacL ;d .'-.c. ..... :'~' --~_z z. ~art hereof. APR 2 2 SUBRECIPIENT AGREEMENT Page 2 if 21 III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. . The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ($) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its offic presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement c i this.~, SUBRECIPIENT shall notify FAH in writing within thirty (30) days of rece~ngl'Oogt~rcatl from the fi~nding source and submit a cost allocation plan for approval b.~ the or designee within forty-five (45) days of said official notification. APR 2 SUBREC1PIENT AGREEMENT Page 3 of: I~. ID I Bo COMPLIANCE WITH LOCAL AND FEDER, AL RULES, REGULATIONS AND LAWS During .the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, I 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 procedure. The regulations prescribing the Environmental Review 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties~ 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development ACt of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. 14. 15. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 APR 2 2 2003 SUBRECIPIENT AGREEMENT Page 4. of i 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Uniform Relocation Assistance and Real Property Acquisition Policies Act t 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 .- OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Instituti_ons of Higher Education, Hospitals and Other Non-Profit Organizations.[ 27~i nn~n~n SUBRECIPIENT AGREEMENT mage5]f211~' IL. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS ..... Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either, party unless in writing, approved by the County and signed by each Party's authorized representatives. Eo INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT AGREEMENT SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the CountY harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT.Page 6 ol 21 ,~PRl~#~'~l}r~ II1~--"I}27,2 ~03 _ F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBREC~IENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date' of termination. 3. TERMINATION DUE TO CESSATION ....... In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Manageme'-* r~.,o,,,~o,,t The. SUBREC]PIENT agrees this coverage shall be provided on a primary basis! SUBRECIPIENT AGREEMENT Page 7 of 21 l~..,l+ 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per .accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain phySicaI damage coverage for aperiod nOt less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision, Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Un Requirements for Grants and Agreements with Institutions of Higher E& other Non-Profit Organizations) and agrees to adhere to the accoui SUBRECIPIENT AGREEMENT Page 8 of 21 :atict~.Hbsbit~flg'and ting principlds and AP~ 9 '~ 9flfl'l ! procedures required therein, utilize adequate internal controls, and maintain necessary sour,-' documentation for all costs incurred. B.-Documentation and Record - Keeping The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans,' surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showip- compliance with federal purchasing requirements and with other federal requiremeL for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal A-i~., C~rrR Part 84, and 24 CFR Part 85, which are Management Circulars A-il0, "" 24 incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. APR ? 2 ?nna SUBRECIPIENT AGREEMENT Page 9 ot .... F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require tl~e prior wriUen apProval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d') (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAIt, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH,: --1 ~.,:,4 ,q~,, qhall require the prior written approval of the FAH Department: or designe)rm~-/~~e- d disbursement of such income shall comply with OMB Circular Ao110 (Unif Requirement for Federal Grants) and other applicable regulations inc0 ~orated herein by APR 2 S UBRECIPIENT AGREEMENT Page 10 of 21 1~3 r7 reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expirati6n of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability national origin, religion, age, financial status, or sex be excluded from the benefits of, or ~ subjected to, discrimination under any activity carried out by the performance of thais Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. SUBRECIPIENT AGREEMENT Page 11 of C. PROGRAM BENEFICIARIES Fo At least fifty-one percent (51%) of the beneficiaries of a Project funded through this Agreement must be low- and moderate- income persons. If-the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds .under this Agreement must reside in unincorporated Collier COunty or in municipaliiies partidiPafing in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance t:, FAIt upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragr.aph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify drug-free workplaces in accordance with the Drug-Free Workplace A~ 701) and with HUD's rules at 24 CFR Part 24, subpart F. SUBRECIPIENT AGREEMENT Page 12 of 2 APR 2 2 2n?-3 H. CERTIFICATION REGARDING LOBBYING The undersigned ceffifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, ar. contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REALPROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by~the_COUNIY_in__accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. 2. Clean Air Act, 41 U.S.C., 7401, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, rep¢ as well as other requirements specified in said Section 114 an regulations pursuant to 40 C.F.R., Part 50, as amended. Page 13 of 21 SUBRECIPIENT AGREEMENT n.,£© B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, 'a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners,' and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. SEVERABIL1TY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part ~Xi, ~ ~a~e ~,, excess of Twenty-five Thousand Dollars ($25,000)will be covered by the regl latio~'~Part 570.503(B)(8). SUBRECIPIENT AGREEMENT Page 14 of 2 XIH. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of ,20 (SUBRECIPIENT SEAL) NAME OF SUBRECIPIENT BY: BY: SIGNATURE PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMrlT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & SERVICES SUBRECIPIENT AGREEMENT Page 15 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: Ao PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or'others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1' The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or .elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indire .t ,-,~t nllc~eation nlql~ for determining the appropriate Subrecipient's share of administrative costs ant shal~tfl~h pla ~ to ~eci{~_~ Fa~4 ~.~ FAH, on behalf of the County, as the Grantee, for FAH approval, in a form SUBRECIPIENT AGREEMENT Page APR 2 2 2003 .~f 911~' Ho STAF15ING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of-the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBREC]PIENT AGREEMENT Page 17 of EXHIBIT "B" ' COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Payment Request # Dollar Amount Requested: $ SECTION I1: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title APR 2 2 2003 SUBRECIPIENT AGREEIvIENT Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the l0th of the following month. Status Report for Month of Submittal Date: 1. Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Fax~ 2. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 3. What events/actions are scheduled for the next two months? 4. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 5. List any additional data relevant to the outcome measures listed on th~ application for this project. I~.._~l[~.. ! APR 2 2 2003 SUBRECIPIENT AGREEMENT 6. New contracts executed this month (if applicable): Name of Amount Contractor Ethnicity Race Contractor Contractor or of Federal ID (see (see Address Subcontractor Contract Number definitions definitions on & Phone on page page 21) NO. 21) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" on the next page. INCOME Of the households or persons assisted, are extremely Iow-income income (0- 30%) as indicated by the attached income chart. Enter this number in box "2" on the next page. Of the households or persons assisted, are very low-income (31-50%)as indicated by the attached income chart. Enter this number in box "3" on the next page. Of these households or persons assisted, are low income (51-80%) as indicated by the attached income chart. Enter this number in box "4" on the next page. FEMAI,E HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I Total Number of Households or Persons Assisted BOX 2 Extremely Low income (0-30%) BOX 3 Very Low income (31-50% ) BOX 4 Low Income (51-80%) SUBRECIPIENT AGREEMENT BOX 5 Female Headed Household APR 2 2 2003 .... "of'Il Subrecipients must indicate total beneficiaries for Ethnicity AND Race Def'mitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2. Not Hispanic or Latino: A person not or Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless or race. Definitions of Race: 1. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African-American: A person having origins in any of the black racial groups of Africa. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Tabulation Table of Ethnicitv and Race Beneficiaries American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White SUBRECIPIENT AGREEMENT APR222003 Page 21 of 21