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Agenda 06/16/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, June '16, 1098 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUSf REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PHIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST I3 DAYS PRIOR TO T}IE 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 PERMISSION FOR ADDIIIONAL TIME IS GRANTED BY THE CItAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO i:00 P.M. 1. INVOCATION o Father Joseph Spinelli, St. Elizabeth Seton Catholic Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONS£NT AGENDA 4. APPROVAL OF MINUTES A. May 21, 1998 - Wor~hop. B. May 26, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Brian Sansone - Water Department - 15 years. 2) Louis Salvatore - Facilities Management - 10 years. 1 June 16, 1998 e 7o II. 3) Barry Er~ckson - Water Department - 5 years. C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. George Fog~ regarding Action Sports Park-Co~tnty Landfill Site. COUNTY AD~INISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners authorize staff to issue a request for proposal for consultant services to develop a Bayshore/Gateway Triangle Redevelopment Plan. 2) Recommendation that the Board of County Commissioners approve an lnterlocal Agreement with the Florida Development Finance Corporation to facilitate Economic Development financing through the issuance of Enterprise Bonds. B. PUBLIC WORKS 1) Request to consider ~cquisition of the wastewater service territory of RookeD' Bay Ser,'ices, Inc. by the Collier County Water/Sewer District. 2) Approval to award Agreements for Underground Utility Contracting Services on an as needed basis (RFP 98-2783). C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOt~, F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Ethics Ordinance Review Committee. B. Appointment of members to the Contractors Licensing Board. C. THIS ITEM HAS BEEN DELETED. D. Appointment of members to the Health Facilities Authority. OTHER ITEMS 2 ,tune I6, 1998 12. A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC H~ARI~GS WiLL BE HEARD IM~IED~.TELY FOLLOWING STAFF ITEMS 13. 14. 15. 16. ADVERTISED PUBLIC ItEARINGS - BCC A. COMPREHENSIYE PLAN .~I~ENDMENTS 13. ZONING AMENDMENTS C. OTHER i) CONTi~N~Ji~D FROM 6/9f9~ ' Adopt an Ordinance amending Ordinance No. 97-48, making minor changes to Subsection 3.3 District rates, fees and charges other than monthly user rates; and providing for reasonable service charges; amending Section Four, Lawn sprinkling/irrigation regulations within the Unincorporated areas of Collier Count'y; amending Section Seven, Penalties; providing for conflicts and scverablllty; providing for inclusion in the Code of Laws and Ordinance; providing for an effective date. An Ordinance repealing Collier County Ordinance No. 88-28, as amended, which established the Marco Island Beautification Advisory Committce; providing for Inclusion in the code of laws and Ordinance; providing for conflict and severabllity; and providing an effective date. 3) An Ordinance providing for partial funding for a legal aid office in Collier County; providing for authority for said funding; providing title and citation; providing for purpose and intent; providing for collection and use of funds: providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEAN. INGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 3 June 16, 1998 1) 2) 3) Co Accept a ¢on~rvlflon easement and access easement from the Trustees of Naples South Congregation of Jehovah's Witnesses. Lien Resolution - Code Enforcement Case ,No. 60301-002 Record Owner - Lucy Rin~, E~t~te Request to approve for recording the Final Plat of "Glen Eagle Golf and Country Club, Phase Three", and approval of the performance security. 4) Request to approve for recording the final plat of Sawgrass Subdivision and approval of the performance security. Request to approve f3r recording thc final plat of Bougain Village and approval of the performance security. PUBLIC WORKS 1) 2) Authorize staff to reject proposals received for Bid No. 97-2764 Orthophosphate/Polyphosphate. License for fence installation ;,long a portion of the perimeter of Tract Westlake Unit One. 3) Approve Change Order No. 2 with Bonness, Inc. for site development work at Sugden Park (Bid No. 97-2670) (Project No. 8008~). 4) Approve funding to replace underground diesel fuel storage tanks at Water Department facilities. Approve Work Order JEI-FT98-2 for Johnson Engineering, Inc., to perform construction engineering and inspection ser-,'ices for the State Road 951 I2" Water blain Improvements Project No. 70824. 6) Approve the necessary Budget Amendment to pay for legal services in the case of Collier County V. R.A.K., et al, Immokalee Road Four Lane Improvement (U.S. 41 to 1-75), Project No. 66041; CIE 06. 7) Approve Amendment No. Three to Professional Services Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility $-MGD Expansion, C~atract #96-2474 and authorize staff to salvage decommissioned solids oroeessing equipment. 8) Approve an Alternate Road Impact Fee Computation for the Marco Island Winn Dixie Supermarket. 9) Approve a purchase order increase for Advanced Lawn and Landscaping which exceeds ten percent of their current contract. PUBLIC SERVICES 1) Approve Addendum IV and the grant award agreement relative to Sugden Park. 2) Approve a budget amendment for replacement computer equipment. 4 June 16, 1998 D. SUPPORT SERVICES l) Approval ora Rtnolution Ratifying Specific Expenditure: for New Employee Orientation Sessions as Serving a Valid Public Purpo.~e. E. COUNTY ADMINISTRATOR 1) Budget Amendment Reporl F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS 1) Request Approval for the Purchase of Replacement Desktop Computer Systems for the Sheriff's Office from Gateway 2000 under the Terms and Conditions of State of Florida Contract #250-040-96-1. 2) Recommendation to approve a resolution between the Board of County Commissioner~ and the Sprint,qJnited Telephone Company of Florida. 3) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 1998-I999 and to obtain approval for the Chairman to sign the application. I. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel Nos. 163.1 and 163.2 in the lawsuit entitled Collier Count3' v. K. O. Vaughn, et aL, Case No. 91-2352-CA-01 (Pine Ridge Industrial Park MSTU). J. AIRPORT AUTHORITY 17. ADJOURN IN_..~QUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 5 Jur~e 16, 1998 AGENDA CHANGE5 BOARD OF COUNTY COMMI, SSIONERS' MEETING ADD: ITEM I0 (E)rCOUNTY ATTORNEY'S EMPLOYMENT AGREEMENT (COMMISSIONER BERRY) MOVE: ITEM I6(B~('8) TO 8(B~(3) ~ APPROVE AN ALTERNATE ROAD IMPACT FEE COMPUTATION FOR THE MARCO ISLAND }FINN DIXIE SUPERMARKET. (STAFF'S COI;[,[ER COUNTY MANAGER'S OFFICE June 3, 1998 Mr. George E. Fogg, ASLA Landscape Architect and Planner 628 Woodshire Lane, #G-I Naples, Florida 34105 3301 E. TAMIAM1 TR. NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP CObfMUNITY Re: Request for Public Petition - Action Sports Park - County Landfill Site Dear Mr. Fogg: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at thc meeting of June 16, 1998 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised ~hat 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.ofyour 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 Administration Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assist,,.nce, please do not hesitate to contact this office. Very,..truly yours, Robert F. Fernand~e.~% County Administrator RFF/bp cc: County Attorney Public Works Administrator AGE/qDAJTEM ~o JUN; June 3, 19~,8 County Manager ARe, n: Re: Action Sport~ Pmrk On beh~f of the attached groups and individuals I would like to request ~is opportunity to pr~l~flt to the Collier County Board of Commissioners the groups' concept for an ,~,ction S{3ort~ Pa.,'k for Collier County. We would like to mcldrmms l~,e Board durir~ the I,'~3~c P~,~x,3 a, ge,'lda Item o~1 June lB, 1~, In I~,.~, ~ ~ pn:)po$i~g that ~ County co~li~er various recreation uses on the 9x, J~tm~g ~ ~ waste dispo~,l ~e and the adjacent undeveloped County-owned la,'x:t. Thank you for the C~l:~rtunity to present I~im unique elteme[ive park use prol:x~sal. e28 Wood~ la, ne, Napes, FL 34105 A~ AC,Et ,DA ITEM JUN i ~'"~ 334-8714 Action Sports Park. Contact L181 P;intball Park 941-596-1015 Remote Coat~ol Cars 941-353-0966 Michael Chase, Jered $co:t West Coas~ Motcrcycles 941-594-5535 Geo'~e Fcgg IBIS 941-261-6062 ,~itan Fqschman '~lor~ite Springs Recreet~un 941-992-2556 Harding 1-800-34~-54~7 x.5~, GolCen Gala COmmunity Center Sarah L.nius Co:~ier Co.$neriffs De~t. 9~1-7~3-g295 353-210Of. Tom FTR La'~d Use 407-268-1652 tamahcne~digital,ce: Terry Metzger Cypress CyCl~ Service, lnc 9'-1 -$97-4973 Gene Sipe FORBA 941-$47-9066 Jack Terro[I 813-78~5587 78~3515 f. Dan Tripp F'-r'R L~nd Use Corem 941-353-0062 RODO~ Whde SWF'TR. 941-992-3321 941-495-0151 Police A*,hletic League 1.800-725-7743 Hans Wi!son 5WFTR, Sec. 941-33~3680 33c-8714 f. De.r' \¥co~ey Florida Mud Cutter~ 941-995.484~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF TO ISSUE A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES TO DEVELOP A BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT PLAN. _OBIECTWE: To have the Board of County Commissioners review the Scope of Work and authorize staff to precede with issuing the Request For Proposals (RFP). BACKGROUND: Dating the budget process the Board identified their support for community plarming in certain areas of the Count3,. and authorized approximately $50,000 for outside consulting services in the FY97/98 budget. The Planning staff has been working with the Davis Triangle and Bayshore neighborhoods for the past year to identify issues and concerns that residents have on the existing conditions of their neighborhoods and to begin looking at options to economically revitalize the commercial core and to enhance the tax base of both residential and commercial property within those areas. Based on a preliminary plarming study conducted for the Gateway Triangle and work the Bayshore Area Redevelopment Team has completed, it appears appropriate from both an economic development point of view and a cost efficiency point of view that the two efforts should be studied together since the redevelopment of one area will impact the adjacent area and that their revitalization will compliment each other. The Bayshore area created a beautification NISTU in December 1997 and would like to begin imph,menting a plan bv the end of 1998. The Gateway Triangle area is considering establishing an ~v~STU for drainage and possibly tnt for beautification in the near future. These funding sc,:;ces will be available to assist in implementhng any redevelopment improvements recommended for the public right-of-way. tn order to create a vision for the two neighborhoods and to see how the V, vo can relate to each other economically, staff is proposing that a Redevelopment Plan be developed that will address: Market potential Urban Design Criteria Implementation Strategies CONSIDERATIONS: With the authorization to issue a RFP, staff will advertise and receive proposals. A selection committee will be formed to rank the respondents after which a short list of qualified candidates will be presente.:t to the Board for approval and authorization to negotiate a con~act. FISCAL IMPACT: Approximately 550,000 has been allocated to neighborhood planning in Comprehensive Planning Fund 111-138317-634999 (Other Contractual Service). GROWrH MANAGEMENT IMPACT: The Future Land Use Element of the Growth Management Plan adopted in October, 1997 states under Policy 4.7 *,_hat redevelopment plans for existing commercial and resident-iai areas may be considered by the Board, bot .R~.,_.uhc~ro Drive and Davis Blvd. are listed as possible areas for consideration. Although this P1 n is ~i~M st thi~ t~e~ it doe~ hc~.'ever~ icler~t~ the ~n~ of ~e Board of Count~ Comn~ioners to look at redevelopn-,~t ~n ~ area. RECOM_~ME_.oNDATION: That Btaff be authorize, d to proceed with the RFP process and ret'am to ~e Board with a short l/st of consultants a.nd a request to negotiate a contract. PREPARED BY: DEBRAH PRESTON, AICT PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION RE'V'IEWED BY: BARBARA A. CACCHIONE, AICP COMPREHENSIVE PLAN~"N'TNG MANAGER REVIEWED BY: CP PLANNING SERVICES DEPARTMENT DIRECTOR '¸0 APPROVED B · VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEW. AND EN%'IRONMENTAL DEVELOPMENT SERVICES -2- lun¢ 1, !998 DATE DATE DATE DATE JUH 1998 SCOPE OF SERVICES INTRODUCTION Collier County Government requires the services of a consultant to assist with the preparation of an overall Redevelopment Plan for the Bayshore and Gateway Triangle areas. Divided by US 41, both areas are located in southeast Collier County (refer to location map attached). US 41 is a major arterial in the region which links Naples to the east coast of Florida. US 41 leads into the City of Naples' highly successful 5~' Avenue redevelopment project immediately south of the proposed study area. This segment of US 41 is currently being widened by the FDOT from four to six lanes. The study area is less than one mile to the beaches, and the Bayshore area has direct gulf access. Despite the location, neither Bayshore, nor the Gateway Triangle, have redeveloped over time and there is a perceived negative image of the area. A Redevelopment Plan should be developed to identify economic development opportunities that would revitalize both areas. Street layout and private and public spaces designed to create safe and appropriately scaled environments for padestrians and vehicles should also be included. The study area is appropriate for a major redevelopment project ,'hat will serve as a catalyst for changing the image of Southeast Naples, and serve as an economic stimulator. This study should provide an analysis of both the physical attributes and constraints, as well as an analysis of the area's market "niche". Recommendationsshould be based on the desires, preferences, and concerns expressed through public participation in a series of workshops. A course of action should be designed for implementation combined with a realistic analysis of the area's market potential. This course of action should enable the community to reach its locally defined vision, overcome the constraints, and capture the identified market potential. BACKGROUND The focus of this study is on the East Naples area, specifically to include two areas, the Gateway Triangle and the Bayshore MSTU (refer to location map). The first area, described as the Gateway Triangle, gets its monogram from its unique geographic location within three major arterial thoroughfares: Davi: Boulevard to the north, Airport-Pulling Road to the east, and Tamiami Trail Page ~ast,,~~- JUN ~L~ 1998 (US 41), to the south and west. The area has been referred to as a "gateway" into the County from the east. The Bayshore area is adjacent to the Gateway Triangle along a segment of US 41 and is divided by the another major roadway in this area. Bayshore Drive. A variety of uses are currently permitted within the study area. Zoning designations of commercial (i.e. C- 1/7' through C-5), residential multi-family (RMF- 6), residential single-family (i.e. RSF-4), and planned unit development (PUD) are dispersed throughout the study area. There are also mobile home and RV parks in the two areas. The commercial development along the major roadways (US41, Bayshore Drive., Davis Blvd. (SR 84), and Airport Road) are typically fast food, boat, and used car sales and pawn shops. Strip commercial configurations of the 1960's and 1970's are dominant in the area. With few significant exceptions, the housing stock is aging (+40 years) in both the Bayshore and Gateway Triangle areas and is primarily non-owner occupied. The 291.13 acres of the Triangle currently has 402 residential dwelling units with an estimated population of 900 persons. Residential housing density is approximately 1.38 units per acre. The Bayshore MSTU area is approximately 1448 acres with an estimated population of 7,705 with 4,335 dwelling units. Residential housing density is approximately 1.77 units per acre. The State of Florida Department of Transportation has begun construction on Project No. 03010-3554. the widening of US 41 from Goodlette-Frank Road to Airport-Pullin9Road. The project began in August 1997 and will take approximately two years to complete. Residents and business owners and their employees expect to be affected by the traffic and to experience a reduction in business due to the limited vehicular access as a direct result of the road widening project. The road widening project has altered the set-backs and sizes of the lots along US 41. The development standards utilized by Collier County will make it difficult for the property owners to fully maxirr,ize the potential of their respective properties. The result of the smaller lots along US 41 could hinder the commercial and economic redevelopment efforts of the area. The need for a zoning overlay that will alter existing development standards to encourage redevelopment has been discussed with property owners. PROJECTGOALS The Redevelopment Plan should define a coordinated vision for the area that can be achieved in incremental steps consisting of private property improvements and development guidelines at a variety of scales. Improvements to streetscapes, open space and infrastructure that will enhance the area's attractiveness and redevelopment potential should al:;o be addressed. JUN The specific goals of the project are to: 1) Involve the residents, proPerty owners, and business owners of the Bayshore area and Gateway Triangle in the development of a vision for the future of their community. 2) Improve the housing stock by developing concepts and recommendations for housing rehabilitation and new construction. 3) Revitalize the appearance of the commercial through appropriate design guidelines and promote economic development by identifying the market "niche" of the area. 4) Develop funding mechanisms and subsequent implementation strategies to facilitate the redevelopment of the area. 5) Develop zoning alternatives, such as overlays and performance zoning to encourage reinvestment and development. 'i"o meet these goals, the plan should include an analysis at these levels: 1) Collier County Level - To understand the role the study area has within greater Collier County and the City of Naples including the transportation network and the economic/market position the area has relative to the other areas of the County. 2) Gateway Trian,qle/Bayshore Study Area Level - To understand land use and traffic patterns and identify any sub-areas of different character. 3) Subarea Level - To deve;op several specific block or subarea types that include new ways to introduce housing, landscaping, building image, and commercial redevelopment, and improve traffic circulation. PUBLIC PARTICIPATION The process for developing the Plan should have broad based public participation and include residents, business operators and owners, civic and home owners associations and the advisory group for the Bayshore MSTU. This process should include the following: 1) The project consultant(s) shall present at least three community workshops. 2) The project consultant(s) shall initiate dialog and conduct intervie, Page 3 JUr4 1998 3) 4) 5) 6) property and business owners of the area. At the first workshop, the project consultant(s) shall build consensus and establish a vision. Based on communit'/consensus and the market and Iocational analysis, the project consultant(s) shall develop three alternative Redevelopment Plans of the Bayshore/Gateway Triangle Area which are depicted through the use of charts, maps, and other media related graphics. Preferred architectural styles, in-fill construction, and ideas spatially related to pedestrian arid bicycle traffic will be developed. The project consultant(s) shall present at the second workshop, the alternative concepts. An alternative will be selected and then developed in greater detail. The final overall redevelopment plan will be presented at the third community workshop. DELIVERABLES The County will provide base map aerials and existing data to include demographics and land uses. I. Summary Report of All Three Workshops II. Alternative Concepts A summary memorandum of each of the three alternatives containing an evaluation of each concept specifying the pros and cons. Land use and transportation diagrams at the three levels of analysis, e.g. County, Study Area and Block, as appropriate should be included. I!1. Draft of the Preferred RedeveiopmentPlan A. Drawings at all thre~: levels including aerial perspectives, illustrative site plans, prototype cross sections and eye level perspectives. Draft of design guidelines for protoype conditions with illustrations of desired outcomes. C. Draft of final report with support documentation. IV. Final Report with Support Documentation, Preferred Redevelopment Plan and Implementation Strategy The overall redevelopment plan will need to include a Gateway Dist Plan and a Bayshore Distr:ct Plan, but it will need to demonstrate hc Page 4 wthe ~ i~ 1 JUN ~'~ 1998 I Bayshore area and the Gateway Triangle will be cohesive and work together to fulfill market potential. The final product will include the Support Documentation, Preferred Redevelopment Plan with Illustrative Plans and Exhibits and an Implementation Strategy. Support Documentation The support chapters should include but are not limited to the following: 1) Land Use Data Analysis 2) Market and Location Analysis 3) Analysis of the Existing Transportation Framework 4) Community Preference Surveys 5) Demographics Preferred Redevelopment Plan 1) Desiqn Guidelines - Development models and guidelines that are designed to encourage redevelopment resulting in an organized future development pattern. The design guidelines should include specific development standards and criteria to provide the desired outcomes that can be incorporated into a zoning overlay. The guidelines should consider the community's goals and the three levels of analysis to include an overall development pattern of the study area. and models of identified subareas, street frontage, and prototype lot and blocks. Design Guidelines should include, but are not limited to the following: a, Building Setback Standards b, Building Height Standards c. Street Frontage Standards d. Landscaping and Screening e. Pedestrian. Parking & Streetscape Improvements f. ArchitecturalStandardsfor Buildings 2) Transportation Framework - Recommendationsto improve traffic movements, protect residential neighborhoods, and improve pedestrian movement. Recommendations should include an improvement plan for the overall study area and for the major corridors and selected local streets. Suggested improvements may include, but are not limited to the following: a. Corridor landscaping b. Commercial and Pedestrian Orieqted Streetscapes c. Parking d. Traffic Calming e. Lighting f. Efficiency and Connectivity of Local Street Netwod Page JUN I~ 3) II!ustrat ve Plans and Exhibit__s - Maps and graphics included in the Redevelopment Plan, depicting design guidelines and transportation improvements, should be in reproducible black and white and color versions in 8 ~" x 11". Display graphics and maps should be 24"x36" and in color. The illustrative plans and exhibits should depict at a m n mum the following' a. Aerial view of region with the proposed concept for Bayshore/Davis Triangle highlighted. b. Aerial and eye level renderings of subareas. c. IIlustrativePlans of the Study Area Land Use Plan Transpodation Plans to include proposed street framework and recommended street improvements Qpen Space Plan Design Guideline Plans d. Detailed Plans of Selected Subareas, Corridors, Local Streets and Prototype Blocks to il!ustrate as appropriate: ~ Block Configurations -~ Street Frontage ~ Building Height = Bu!!ding Setbacks ~ Landscaping and Screening = Design Guidelines ~ Pedestrian, Parking & Streetscape Improvements ~ Median and Pedestrian Crossing Improvements ~ Architectural Guidelines Implementation Plan Suggested timing and phasing of the Redevelopment Plan/Course of Action to include, but ~lot limited to the following: 1) Process for developing a market strategy to achieve the identified potential of the study area. 2) 3) Recommendations on funding sources to implement the identified strategies (e.g., public/private initiatives, grants). Evaluate appropriateness of establishing ,3 Community RedevelopmentAgency (CRA) as a funding mechanism to facilitate improvements and large-scale development and investment. Page 6 JUN fLo 1998l ~ Pg'.. ~ ) PROPOSALS SHOULD INCLUDE THE FOLLOWING: · Qualifications of the consultant(s). · Names, certifications, and licenses of proposed professionals who will be working on the project. · List of recent, similar projects that the firm has participated in (if any). · Professional references. · Earliest commencement date for the project. · Total fee for completion of the project. · Time frame for completion of deliverables and project. Page JUN I~ 1998 g h I JUN 1 ~ 1998 Pg._ ~ _EXECU VE SU MA, R¥ THE BOARD OF COUNTY COMMISSIONERS APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE FLORIDA DEVELOPIVIENT FINANCE CORPORATION TO FACILITATE ECONOMIC DEVELOPMENT FINANCING THROUGH THE ISSUANCE OF ENTER, PRiSE BONDS. , OBJECTIVE: To have the Board of County Commissioners approve an Intedocal Agreement authorizing the Flodda Development Finance Corporation (FDFC) to issue Enterprise Bonds pursuant to the Flodda intedocal Cooperation Act of 1969 in the promotion of projects related to economic development. CONSIDERATIONS: In 1993, the State of Florida adopted the Flodda Development Finance Corporation to fadlitate finandng through the issuance of Enterprise Bonds in order to promote the economic diversification of cities and counties statewide. On 2/25/97, the Board adopted Resolution #97-136 which implemented Phase II of the County's Economic Diversification Program. The Program was established to increase y~'ar round high wage employment opportunities for county residents and improve the eccmomic stability of Collier County. !:;SCAL IMPACT: There are no costs to the County associated with this program. GROVVTH MANAGEMENT IMPACT: The Collier County comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners has identified economic diversification as a Strategic Goal which will serve to strengthen the economic viabi[i['y of Collier County. Agreement between thf~ County and the-,FDFC. PREPARED BY: t.~ .~ Helene Ca~seltinel Economic~pment Mgr../ G'~'eg,.,Mi'h/~ic~ DireCtor ' _ APPROVED Housi nd Urban Improvement Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services RECOMMENDATIONS: That the Board of County Commissioners approve the Dat, JUN. 1998 _. ! 1998 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEVELOPMENT FINANCE CORPORATION THIS INTERLOCAL AGREEMENT dated this ~ day of , 1998, by and between Collier County, a political subdivision of the State of Flodda, hereinafter referred to as "COUNTY" and the Florida Development Finance Corporation, hereinafter referred to as "FDFC". RECITALS: WHEREAS, the Legislature of the State of FIodda (Legislature) adopted the Flodda Development Finance Corporation Act of 1993 (Act); and WHEREAS, the Legislature determined that it was necessary, in order to achieve the purposes of the Act, to create a special development finance authority to cooperate and act in conjunction with public agencies of Florida's state and local governments through intedocal agreements pursuant to the Flodda Intedocal Cooperation Act of 1969 as amended (Intedocal Act), in the promotion and advancement of projects related to economic development throughout Florida; and WHEREAS, Collier County arid the FDFC wish to achieve the purposes set forth in section 288.9602, Florida Statutes; and WHEREAS, pursuant to the Act the FDFC was created, with the power to function for any purposes of the Act within the corporate limits of any public agency once it has entered into an intedocal agreement with that public agency; and WHEREAS, the County desires to enter into an intedocal agreement with the FDFC to allow the FDFC to act within the corporate limits of Collier County. NOW, THEREFORE, Collier County and the FDFC agree as follows: 1. AUTHORIZATION TO ACT: Collier County and the FDFC agree that the FDFC will have the full dght, power and authority to exercise all powers set forth in the Act within the County's respective corporate limits. 2. COSTS AND INDEBTEDNESS: FDFC will be solely responsible for all indebtedness, liabilities, costs or expenses of the FDFC as permitted pursuant to the Act. Collier County will not be respor, sible for any indebtedness, liabilitie~,,'c.~'~ii~'~,,~.~ expenses of the FDFC. JUt4 1998 1 Bonds, notes or other indebtedness issued or insured by FDFC: a) will not constitute and will not be construed as a debt, liability, or obligation of Collier County, the State of Florida or any subdivision thereof; b) will not constitute and will not be construed as a pledge of the faith and credit or any taxing power of Collier County or the State of Florida or any subdivision thereof; and c) will be limited obligations of the FDFC payable solely from and secured by a pledge of payments made by the FDFC and other funds provided therefor. d) will not reference in any context except for geographic purposes the political subdivision of the State of Florida known as Collier County on or within said bond, note or other form of indebtedness. 3. NOTIFICATION TO COUNTY: The FDFC shall notify the County, specifically, the Collier County Housing and Urban Improvement Department, within 20 (twenty) days of receipt of an application for financing pursuant to the Act for projects located in Collier County. 4. FDFC OPERATIONS: FDFC will be responsible for administering its own affairs pursuant to the Act and this Agreement and will not be required to obtain any further approval, consent or authorization from Collier County, except as the Act or any other provision of applicable law may provide. 5. EFFECTIVE DATE OF AGREEMENT: This Agreement is effective upon execution by both parties. The Agreement will be recorded in the public records of Collier County. 6. DURATION OF AGREEMENT: The term of this intedocal agreement will be for a one year period and shall automatically be renewed each year for an additional one year period unless the County or the FDFC provide written notice to the other party that the party wishes to terminate the agreement. If that notice has been provided, this agreement will terminate on or before 60 days from the receipt of the notice. 7. SEVERABILITY: If any one or more of the sections of this Agreement are held to be contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited contrary to any express provision of JUN '~ i998 or for any reason held invalid, then those sections will be null and void and will be deemed separate from any other sections of this Agreement. IN WITNESS WHEREOF, Collier County and FDFC have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. A'T-TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman W;TNESSES: FLORIDA DEVELOPMENT FINANCE CORPORATION Printed/typed name (2) By:. Printed/typed name Printed/typed title Approved as to form and legal sufficiency (corporate seal) ! JUH ~1998 EXECUTIVE SUMhIARY REQUEST TO CONSIDER ACQUISITION OF THE WASTEWATER SERVICE TERRITORY OF ROOKERY BAY SERVICES, INC. BY THE COLLIER COUNTY WATEPJSEWER DISTRICT OBJECTIVE: That the Board of Commissioners, ex-officio governing board of the Collier County Water/Sewer District (CCWSD), review information provided and consider the acquisition of the Rookery Bay Services, Inc. (RBS) customer base and collection system. Further, to obtain BCC direction to schedule a public hearing to make findings and approve a proposed purchase agreement. CONSIDERATIONS: The Rookery Bay Utilities (RBU), Inc. wastewater system has in recent years suffered from operational deficiencies which eventually caused the Florida Department of Environmental Protection (DEP) to revoke RBU's operating permit. In prior years Collier County has discussed acquisition of the RBU system as part of the development ')f the regional wastewater system, but the asking price has always been too high, most recently more than $4 million. The Collier County Utility Authority recently approved the transfer of the wastewater certificate of RBU, Inc. to Rookcry Bay Services (RBS), Inc., which subsequently acquired the assets of and currently operates the utility. DEP has granted temporary permission to RBS Inc. to operate the plant given that RBS has agreed to either make improvements to the treatment facilities or transfer the wastewater certificate to the County. RBS Inc. has offered to sell the customers of the utility (approximately 2500 residential connections) to Collier County. A map of the RBS service territory is included as Exhibit A to this executive summary; a RBS customer list is included as Exhibit E to this Executive Summary. Acquisition of the RBU franchise crea has been a component of the Collier County Water/Sewer District's sewer master plan since 1986. The County has planned, designed, financed and constructed facilities to serve the RBU franchise area. All customers served by RBU/RBS are Collier County water customers. Acquisition by Collier County, as proposed, is of the customer base and collection system of the utility for $1.2 million. The wastewater plant and associated real property would remain the property of RBS Inc. who would also retain responsibility for the decommissioning of the treatment facilities. In addition, there are approximately g:~executive summariesVookery bay e.s..dc¢ jUN 1 6 1998 $250,000 in improvements (force, main and pump station) that will be required in order to connect the RBS Inc. customers to the Collier County wastewater system. These would be constructed by RBS Inc. with reimbursement from CCWSD funds. This makes the total cost of the transaction to the CCWSD approximately $1,450,000. The proposed Agreement under consideration is provided as Exhibit D to this executive summary. RELATED ISSUES DISCUSSION: There are several related issues of significance that warrant discussion at this stage. 1. USER FEE/RATE PHASING: The current rate schedule of RBS Inc. is lower than that of the District. Where the typical RBS customer now pays $13.18 per month for wastewater service, under the CCWSD he would pay approximately $23.86. It is recommended that if the acquisition takes place the change in rates be phased in over a two-year period to mitigate this impact. It is important to note that if the County does not acquire these customers, they will face rate increases driven by the increased investment that RBS Inc. will be required to make to receive DEP operating permits. 2. IMPACT FEES.. Many of the existing RBS customers (approximately 50%) have already paid a wastewater impact fee to Collier County. Those who have not will be required to do so. it is recommended that a hardship financing plan be offered under provisions of the CCWSD impact fee ordinances. 3. PORT AU PRINCE: A small package plant owned and operated by RBS presently serves the Port au Prince development consisting of Ocho Rios; Moon Bay and Isle of St. Thomas. Approximately 63 customers are on central sewer throughout Port au Prince; there are about 60 properlies remaining on septic that will be subject to mandatory connection pursuant to County Ordinances. The Port au Prince gravity sewer collection system is 25 to 30 years old. Due to the age and location of this system it :s very likely that it will need to be completely replaced. If the system is replaced and/or the gravity system is extended to serve additional properties in the area, the most appropriate funding mechanism would be an assessment on the benefited properties. Staff estimates that the cost to replace the Port au Prince gravity collection system would be $964,000. Under an assessment approach the monthly cost for each 60' lot would be about $44.00 per month over 20 years. RBS has agreed, as part of the purchase agreement, to pay $55,000 in impact fees which will be a proportional credit to each Port au Prince lot. g:~executive summadesVookery bay e.s..doc JUN I 6 1998 ~., ,,,1. 4. SIXL's FARM: Six L's Farm is presently served by RBS and will be acquired as part of the proposed CCWSD acquisition of RBS customer base. The Six L's Farm labor camp lies outside of the Collier County Water-Sewer District. The point of connection however is located within the Collier County Water-Sewer District. The internal system is owned and operated by Six L's Farm; the Collier County Water- Sewer District will own only the lift station and service, lines located on US 41 within our district. 5. MASTER PLANNING AND ISSUE RESOLUTION: Follow up billing studies and RBS service area future connection planning will be necessary in order to develop an approach to handling the following issues: CUSTOMER CLASSIFICATION- Impact fees are determined by zoning classification at time of permitting. Monthly billing is based on individual dwelling units for residential customers and meter size for commercial customers. Several developments are mixed residential and commercial usage mobile home/RV parks that will need to be reviewed for appropriate billing classifications. Until a review can be conducted all new CCWSD wastewater custc, mers will be billed under their current CCWSD water customer classification. MANDATORY CONNECTIONS & FUTURE SERVICE There are several developments not connected to central sewer in the RBS franchise area. In the near future staff needs to develop a plan to initiate connections through the assessment district process. Properties that may be requested to connect to the CCWSD central sewer facilities include but are not limited to; Henderson Creek Park (mobile home/RV park), numerous mobile homes and RV's along Henderson Creek Road, commercial property located near the corner of SR 951 & Manatee Road, Sunshine Mobile Home Park, Port au Prince and Diamond Shores. Individual connections to sanita:y central sewer within the RBS service area will need to be reviewed to ensure o. ctual connections to th°. sewer system are in place. County Ordinances require any .,;tructure within 200' of a wastewater service line to be connected to sanitary sewer. This issue is essentially enforcing the mandatory connection requirements. 6. REVENUE RECONCILATION: For negotiation and evaluation purposes staff estimated annual revenue from the RBU/RBS service area to be $600,600. An appraisal prepared by Florida Property Consultants Group for the sellers estimated the annual revenue from the RBU/RBS service area to be $700,000. Staff has conducted a follow-up revenue reconciliation. The follow-up reconciliation has verified annual revenue to be $600,000 annually under adopted County Wastewater rates. g:\executive summaries~rookery bay es.doc JUN 1 6 1998 ACQUISITiON COMPLETION: In order to complete the acquisition of RBS, the BCC will need to make certain findings of fact and conclusions of law particu[arly a finding that the acquisition of RBS is in the public interest. This is a requirement of Florida Statutes 125.3401 which has been attached to this executive summary as Exhibit 19. Staff has completed a preliminary set of findings for consideration by the Board. The findings are set forth in the draft Resolution attached as Exhibit C. The proposed acquisition agreement under consideration is provided as Exhibit D to this executive summary. Under Collier County Water and Wastewater Utility Regulatory Ordinance No. 96-6, an application for transfer of RBS to the CCWSD must be submitted to the Collier County Water & Wastewater Utility Authority. The Authority will conduct a public headng adopting a preliminary order. The preliminary order will likely recommend BCC approval of the transfer. Upon approval of the transfer; staff will schedule a public hearing for the Board of County Commissioners to make findings and approve the final purchase agreement. ?iSCAL IMPACT: As this acquisition was not contemplated at the time of budget preparation funds are not presently budgeted for the acquisition. Funds however can be made available from utility capital funding reserves. Utilities operating fund, 408, reserves for capital, 993000, would be reduced by approximately $1.450 million. Funds would then be moved by budget amendment to the appropriate expense account for payment to RBS. The current amount budgr, ted in capital reserve is $6,814,700. The exact acquisition cost will be determined by the final documented cost of the improvements necessary to effect connection to the CCWSD. USER FEE REVENUE IMPA C T: 1. As discussed above annual revenue generated from the RBU/RBS service area under County Was;ewater rates will be $600,000. As a result of becomin,~, CCWSD wastewater customers, some customers may see large increases in their monthly sewer bill. The Board may want to consider a Phase-in approach to converting user fees from RBU/RBS fees to Collier County Wastewater fees. If the Board elects to phase-in County rates over a two year period, the following revenue would result: RBS (rates) Annual Revenue Phase one (CCWSD reduced rates) ,Phase b¢,/o (CCWSD reduced rates) Phase three (CCWSD rates) $ 348,528 $ 497,485 $ 568,321 $ 620,653 g:~executive summariesVookery bay e.s..doc JUN I 6 1998 5 IMPA C T FEE REVENUE: As discussed above, approximately 50% of RBU/RBS customers have already paid wastewater impact fees to Collier County. Current wastewater impact fees are $1,~0 per dwelling unit. Staff estimates an additional ?50 to 1,000 properties wi!i be required to pay wastewater impact fees. The additional fees generated under current impact fee rates are estimated to be $1,000,000 to $1,340,000. GROWTH MANAGEMENT IMPACT: The acquisition of the RBS, Inc. customer base and collection system is consistent with the 1986 wastewater master plan and ali subsequent revisions. The Collier County Water/Sewer District has planned, designed, financed and constructed wastewater facilities to serve the RBS, Inc. area and customers. RECOMMENDATION$: That the Board of County Commissioners give direction to pursue the acquisition of the service territory and customer base of Rookery Bay Services, Inc. by the Collier County Water/Sewer District. That the Board direct staff to schedule a public hearing for the Board to hear, review and approve formal findings of fact regarding the public benefit of the acquisition, and approve a proposed purchase agreement. system to the CCWSD sewer system and approve said fees services. PREPARE(........../Edw'~rd l~.~'inn, OperationS/Interim Water Director Authorize the Public Works Administrator to proceed with contract negotiations for engineering services and improvements to effect connection of the RBS sewer associated with REVIEWED B ,~~~~~~~ Ed Ilschner, P~blic Works Administrator Date g:texecutive summariesVooken/bay e,s..doc JUN I 6 1998 K. INDEX OF EXHIBITS 1. RBS TERRITORY MAP EXHIBIT A 2. FLOR/DA STATUTE 125.3401 EXHIBIT B 3. DRAFT RESOLUTION, Findings EXHIBIT C 4. DRAFT AGREEMENT EXHIBi T D 5. RBS CUSTOMER LIST EXHIBIT E g:\executive summariesVookery bay e.s..doc JUN 1 6 1998 EXHIB I T 'A' Rookery Bay Utilit7 Service Area . from Florida Statutes, Ch,pter 125 EXHIBIT 'B · 0 125.3401 Purchase, sale, or privatization of water, sewer, or wastewa/er reuse utilit).' by count).'. county may purchase or sell a water, sewer, or waste,,vater reuse utility that provides service to the public compensation, or enter into a wastewater facility privalization contract for a wastewater facility, until the governing body ofthe county has held a public hearing on the purchase, sale, or waste,,vater facility privatization contract and made a determination that the purchase, sale, or wastev.'ater Facility privatization contract is in the public interest. In determining if the purchase, sale, or wa.stev,,ater facility privatization contract is in the public interest, the county shall consider, at a minimum, the following: (I) The most recent available income and expense statement for the utility; (2) The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount °f contributions-in-aid-of-construction and the accumulated depreciation thereon; (3) A statement ofthe existing rate base of the utility for regulatory purposes; (4) The physical condition of the utility facilities being purchased, sold, or subject to a v.'astewater facility privatization contract; (5) The reasonableness of the purchase, sales, or wastewater facility privatization contract price and terms; (6) The impact of the purchase, sale, or wastewater facility privatizatJon contract on utility customers, both positive and negative; (7)(a) Any additional investment required and the ability and willingness ofthe purchaser, or the private firm under a wa.stewater facility privatJzation contract, to make that investment, whether the purchaser is the county or the entity purchasing the utility fi.om the county; (7)('b) In the case ora wastewater fac{lity privatJzatJon contract, the terms and conditions on which the private firm will provide capital investment and financing or a comb{nation thereof for contemplated capital replacements, additions, expansions, and repairs. The county shall give sJgrdficant weight to this criteria. (8) The alternatives to the purchase, sale, or wastev,'ater privatjz2tion contract, and thc potential impact on utility, customers if the purchase, sale or waste,.vater facility privatization contract is not made; and - (9)(a) The ability of the purchaser or the private firm under a ,,vastewater facility privatizat/on contract to provide and maintain high-quality and cost-effective utility sen'ice, whether the purchaser is the county or the entity purchasing the utility fi.om the county. (9)('b) In the case ofa wastewater facility privatization contract, the county shall give significant weight to the technical expertise and experienc e of the private firm in carr'yi. 'ng out the obligations specified in the wastewater facility privati3.ation contract. (10) All moneys paid by a private firm to a county pursuant to a wastewater facility privatizat/on contract shall be used for the purpose of reducing or offsetting property taxes, wastewater sen, ice rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided, however, nothing herein shall preclude the county from using all or part of the moneys for the purpose of the county's qualification for relief from the repayment of federal grant awards associated with the wastewater system as may be required by federal law or regulation. The county shall prepare a statement showing that the purchase, sale, or wastewater facility privalization contract is in the public interest, including a summary of the purchaser's or private firm's experience in water. {{~.'r, and wastewater reuse utility operation and a shewing of financial ability to pro,,Sde the sen'ice, whether mrchaser or pr/vate firm is the county or the entity purchasing the utility from the county. 1 6 1998 Dr-af Rcsctution. F mgs RE SOL UT'ION ~ 98- A ILESOLL'T'iON BY THE BOA.RD OF COL%TY COMMISSIONERS OF COLLIER COU,"N'T'Y. FLOR/DA, AS I"KE GOVER.',TNG BODY OF COLLIER COL,'N'T"Y A,N'D AS EX-OFF1Ci'O ~ GO~'EK.",'D;G BOA. R.D OF ~ COLLIER COL.'N'T"F '~,',*TEP,.,SEW'E'R DISTRJCT. PROVIDrNG FrNDI'NGS PL'RSL'A.N'T TO SECT1ON 12~ 3401. FLORdDA ST.~T'L,"TES. DET'ER.M/N'l%G ~ ACQL"ISIT'[ON OF T'F[E PL"RCH, ASE OF THE ROOK..ERY BAY WAST'EWATER SERVICE TER. RJ'TORY LS ~ ~ PUBLIC rNTER. EST. CONSIDE1Li'NG CERTAJ'~ .'~"NLM'L.'~ C?,.IT'ERI.A ANI) STATL'TORY POD,'TS OF CONSIDEILATION A~'D !,4A.KZNG AND ADOPT'L'NG A STA'I'EM~'NT TH. AT ~ PL'RCH, A~E ,~GKEF_.S4~-%'/' IS D¢ ~ PUBLIC INTER.EST, INCLUDt'NG ^ St,.%Cg(ARY OIr ~ COL,rN'rY'S F.X~ERJENC'[ i'N WAST'EWAT~R UTILFFY OPERAT~ON A.'~) OF FrNANCLAL ABILFI'Y TO PROVIDE SUCH S£RvICES BE FT R.ESOLVT..D BY ~ BOAR.D OF COL'N"r'Y CON. g~SSION'EP~ OF COLLAR. COL,'N'TY, FLOP-JDA. zs '~ Go,,m:u.,~ ~ of CollJct Co,..~ O~clo thc Govc'm~,l Bc~'d of the Collic~ Couarj, ~,'s~ct~ Di~ I. T'be BoaM of Coun~ ComZm~ ~ CoIL~' County. Flori<t~. body of Collier Co.mr/ ~ u ~4Dl~,c~o ~b~ O,ov~-:l. iz~ ~ of ~ Collict li3bilities, conm'but~o~ in ~Jd oFcot4xruc~oa st'4 ~t~ ~'cx~mu. ht~l appr~-ci~tion s~tem~ of the exJ. s~g r~e ~ of the tmlJt,/fc~ rt~l,~.w), purposes. ~ m. form. mo~ obU.u"~d Dom th~ Rookcry B~,y Scr's'~::s. lac. ~ :1~ pr~lkn2n,x~ r~ports fil~ with '~, Collier Count'/Utili~ A'uxJ'x~D' Bc~tr~ f~r uhc yc~ ~ D~:embc:r. 1~97. mv~"tig~.~ ~d L~ g¢~cra, lly appri~d u ~o ~: ~y~.a~ ct:x~don of that p,or~oa of ~I:~ ~L~ facilities nc~rs.s.,~,, for ~nlcrcor~ecL~oa ol'thc cxjS:u~ collCC~on s~,~cm prts,~'-n~y Count), ',,.-ith ~ r.,,s'tem o,,,..--,ed by Rc:,okcr:,. Bi), Sc:'v~c~:s, lnc tR. BS). The Cou. nr)' has I~S sh~//con~inuo~ly a,n<l propcr!y op~,'~le t~ ~t),, ~tm unUl dosing, on ,JUN ~ ~ Co~ k~ co~s,~ f~l:tl~ re~~ ~ ~b:ll~' ~ m avoid ~ ~ o~ 6. ~S~to~ 7. h is N ~ public mz'agemen~ ~ Ioni ~ mainten~ce. ~o~cd. ~. 9 M~n~u~.~ ~ inrc~n~ ~ ~ ~ .,~ of~ Colhcr Co~ ~ ~ ~tcnd~ ~ on ~ ~e ~7~ ~ ~ ~ R~k~ Bay ~ ~c~ur ~t D:i]~ ~ ~ ~ ~f 1.0 ~ 7.5 ~11~ ~ ~ ~. Di,mon. ~ Collic~ Co~' W~3~ ~ employs ap~o~a~cl~ I~ ~ m accompHshinI iu ~:cc Bay ~'ic~ ~ ~ Colli~ Co~. ~ C~' ~ ~lct~ [or'c~c~ion / 14. ~ Co~' Co~u,on h~ co~,~c~ ~c ~k~0 Bi> ~ ~cc ~cmlo~ p~ ~mcn~ z~ hereto ~. ~. ~nl hc~d public co~cm ~ ~blic ~1 co~ ~ ~ ~Y~ I:S ;~I. FIo~ Su~cs. ~ ~nI (~) ~ m~y ~ v~ c~;~ s~ ~ ~i~ for ~ce ~) ~ Co~'s obj~uv~ offering. ~ co~cnt ~ ~Hde. ~gio~d uUli~ ~c~; R~k~ ~y ~ ~ ~ R~k~ ~? ~ ~ ~ ~ dcsir~ invoh~ M ~ff~ L~ ~ p~c~ offs ~ ~ is in ~ public b~cr~ / JUN 1 6 1S'D8 Iq..IIS ILESOLL ~O.~ ADOPTED .~FT£R ~401'IO~ SEC'ON'D A.~D ~[.~OILITY VOT£ FAVOR~G DATE: ATTLST: DWIGHT E. BROCK.. CLERK BY: BO.LILD 05' COL%'TY CO~MJSSIO~'ERS COLLIER COL."NTY. FLORIDA.. A POLITIC.U. SL'BDr'vISION OF STATE C~ IrLORJ'DA. A.N1) AS OI:TICIO TEE OOV'EILN1~G BOARD OF ~ COLLIER COL'NTY WATEIL S[V.'E R DISTRICT BY: BARBARA B. BERRY. Ap~:,m~cl u to forro u:~ ici,: tu.Gci¢~. A.msu~ Count7' Aaor"~T, IJUN _I l~1.g.~8 1 I .-_. I EXttlBI7 "D " Draft P'urchz3c Agreement AGREEMENT OF PURCHASE AND SALE OF WASTEWATER ASSETS By and Between ROOKERY BAY SERVICES, INC. Seller, and THE BOARD OF COU~ COMMISSIONERS FO__R ,, _COLLIER COUNTY. FLORIDA AS THE GOVERNING BOD [ COLLIER COUNTY. ANO EX-OFFICIO THE GOVERNING BOAR~ FOR THE COLLIER COUNTY WATER-SEWER DI~TRlC. T Purchaser. Covering the sale of ~ wastewater of the Seller to l~e Purchaser TABLE OF CONTENTS BACKGROUND .......................................................................................... 1 1. Furnishing of Docu~n~ .......................................................................... 1 2. Covenant to Sell and Purchase and Description of Purchased Assel3 .............. 2 3. Purchase Price: Payment .................................................................... 3 4. Oevekopers' Agreement~. Reuse Agreement~, Rk~h~ Tl~ereunder ;~nd Service to Customer1 ........................................................................ 4 ~' Purchaser's Warranl~t 4 6. S.e~r's Warrant, s ................................................................................... 7. Pem'~t~ed Enc~mb~nces ......................................................................... $ ~. Condi"dc~$ Precedenl to Closin~ ................................................................ 6 9. C~sir~ Date and CIc~ ................................................................... 6 10 S u~',~K, al ........................................................................... 7 11. Miscellaneous Provi$ons ......................................................... 7 SIGNATURE PAGE ............................................................................. AGREEM'ENT OF PURCFLASE A.¥D SALE THIS AGREEMENT ('Agreement') is made this da,, of , 199g, bx and be~een ROOKERY BAY SERV/CES, IL'NC., a Florida corporation (her~inat'ter rtferred to ~ the 'Seller'), ~.ho.~ princi~l ~ctdr~ss is g01 Laurel Oak Drive, Suite 710. Naples. Florid,x, a~d THE BO.-kRD OF COb~'I~' CO.~Ust~SSION'ERS FOR COLLFFR COUNTY, FLOR.EDA AS THE GOVER.\'L-NG BODY OF COLI_FFR COU~'NTY A~¥D EX-OFFICIO ~ GO'~TRN'~'G BOA.RD FOR ~ COLLIER COUNTY WATER.SEW'ER DISTRICT. ('hereinafter referred to ~ t/~ 'purchaser'), ~,hos~ address is .3301 ~ Tzmia.mi Trail, Public Works Division, Building FL T'hird Flock, Naples, Florida. BACKGROUND The Seller owns ~d oper:~tes a .s:,.niUry was~ewater collection, tn'..atment and disposal s.~em '*hich provides ~er,,'ic~ to certain territor), /n unh'~cor'porated Collier Count)', Flor~dg and ~,'hich Ol:~ntes pursuant to permits issued by the Flor'ida D~Fartment of Envirortrnental Reg'uhiic~ a~d territorial authorize. tion issued by the Board of County Commissioners of Collier Count', Florich (herelnat~r the "Commis- sion'). The Purchaser ha~ determk~ed that acquisition of the Seller's cu.s~om~ b,u~, ~'ansmission mai~ supply pi~s ~d Additio~ Faciliti~ ~ dcf~ he,in ~crc~a~cr ~l~tivcly ~fc~ to ~ ~c "Utili~ Sy~em~ is ~ ~e ~ ~tc~ of ~e ~h~r ~d public. ~e ~r b ~s~o~ of pumh~g ~ Ut;li~ Sy~em, ~d ~ ~l~ is willbg to ~11 it to ~e Purch~r u~n ~ ~e~s ~d ~nditions ~t f~ b · is A~,~ment. NOW, TH3EREFORE, in consideration of the promi~s a~d coven~ts of this Agreement, and other good and valuable consich:ration, the receil~ and sut'ficiency of ~hich is ben:by ~ck~owledged. the parties, intending to be lega/ly bound hereby, ~grte as follows: I. FUR.¥ISIFL-NG OF DOCUM~N'T~. Thirty days prior to the execution of this Agreement. the Seller ~,ill make the follo~,'ing documents received by Seller from Rockers. Bay Utilit~ Coml:~ny ("RBU~ available to the Purchaser for inspection, to the ex~en~ such documents m in the Seller's I:,OS.~SSiOn or control: _E~ibit 6: Plans a~ spex:ific~tio~ showing the ~astev. ater tr~'.~tment toge~er wi~ a map show~g ~ w~cwa~er collie'on lines, lift s~tion~ ~d ~nen~ ~d all ~cr facilities constituting ~e U61i~ System. Ex. hib t~B: Seller's W,~.-~te~ater Certificate No.06S (previous[)' RBU Cenifica~e No. 06S) issued bv the Commission (hereinafter refer'red lo as the "Franchise Certificate"). ' _Exhibit C: A schedule and copies of all active agreements, into between RBU and developers or bulk customers of propert)' to be provided ','.astewater sec'ice (herein~er collectixely referred to as "De,,'elopers' Agreements'). Rookc~ B~ Set'., ict.~. In~ Page 1 o/'9 [~ibh D: A copy oar all books, records ~d r:po~ ot' the Utility S}slem. ir',cludini~ those Seller b~,' RBU. ~hibit F.: Copies of all ~rmils, applications or other documenls (including ~',0sc pro~id~ to Seller by R. BU) demonstrating approval (past or present) o£ t, hc t'acililics of the Ufiliry S)-slem b.~ all applicable 8o,,cmmenul authorities, including, but not limited to. ',.he Florida Dcp~ment of Environmena! Regulation and thc Collier Countly Water and Wastev,:~ler Authority. ~.xhiblt F: A lis~ of customers by name, address, and account number. ~,..~.L1~: Form of bill of sale ~o be exc. cu~ ~nd d¢lb,¢rcd by S¢11¢r to ~hc ~rch~r at ~h¢ time of Closing. IX,habit H: Li~ of "Exclud~l AsseU' as r~ Fercncc41 in Article 2Co) hcr~-'o£. ~E.xhlbit ~: Lis~ of items or expenses to be prorated ~,t Closing, ii' any, as ca11~ for pursuant to obis AD'cement. E.'chibi! ,t: A legal description of all ezscments and rights-of-way to be provided to Purchaser for lift s'~tions, pumping s~a~ions, transmission mains, supply pipes, izHg:,fion clualit)' ,,,.ater and disposal facilitk"s, valves, and ail other physic41 f~cilities a~l property ins~llations rel~t~ to Facilities to be us~! by Purchaser. l'he Pur~h~u~-r shall have ~enty (20) workini c~)'s follov.'in~ r¢ceip~ of Lh¢ aforementioned Exhibits for r~vi~w ("Review Periocl') ~xl within which to no, if)' Seller of az, y r~clucst, s for information or ,~lclkions to the Exhibits. Should Purcha.~r fail to no~i~ Seller oi' a r~clu¢~ for information or additions with r~si:)ect to an Exhibit wigan the Review Period, Purchaser shall bc deemed to have completed ~ r~vicw and to have approv~ ~at Exhibit. Nevertheless, Purchaser may m~¢ roqu¢~ for additional information concerning £xhibi~s after ~e Rcvic,,,,' Period provided, however, that no such rcqucs'~ m,~lc aRer thc Review Period, ~ rcspon~ ~hcreto from the Seller, shall be a I:~sis either for dclayinR or r~fusin~, to submit this AD'c~ment to the Boa. rd of County Commissioners For approval or for d¢layin~ thc Closing. 2. COVE,N'A~'~"T TO SELL A.'~'D PI~CI-~SE A.~,'D D£SCRI]>TION OF IPURCI-L&SE.D. ASSETS. Thc Purchaser hereby aD'~s ~o buy. and ~hc Seller hereby agrees to sell, t~ Purchased Asseu ot' the Seller to the Purch~scr for fl~c Pu~hasc Price ~nd upon thc terms, and subj~t to t. he conditions ~ other provisions hereof. For convenience, the term 'Purchased Assets' shall be used ~o deslgnale thc assets ('Utility. S)stem customer base, transmission mains, supply pipes, and thc Additional F:,cilifics defined herein) ~hich Seller owns or in ,~hich il h~s an interest regardint', the UHlit~' S)'s~em as described in thc Exhibits set forth :~bos'e (bu! shall not include thc 'Excluded Assets' described in par~&raph 2(b) hcreol'), and ~hich include thc follo~,ing: Pu~h.m~ ~ S. aJ¢ o( W~stc,,,,,cr Ass4'~s ~ 2 of'9 (I) ^11 casements, licenses znd 6ghts-of.~ay and consents o~ncd by Seller for the construction, operation ~nd maintenancc of thc Utility, S)'~cm. (2) All certificates, immunities, pd'.il¢ges, permits, licenses, license rights, casements. consents, Fants. ordinances, lea.seholds, rights-of.~ay and all fights to construct, maintain and operate the L'tili~ S.,,~em for the collection and disposal of v,'aste,xatcr and e,,e~ right ofesco' character v, hate,,cr Ln connection therewith, and the obligations thereof; together ~,,ith all rights granted to Seller under t~ Certificate described in Exhibit B. Upon Closing, this Agreement shall operate as a transfer of all such rights to Purchaser. The parties shall cooperate in applyLng for and obtaining transfer of all such rights requLring r~gulatory approval or notice. (3) All past and current cuslomer records, prints, plzns, engineering reports, surve)x, specifications, shop drawings, equipment manuals, and other information reasonably required by the Purcha.ser ~hich ~re in possession of Seller, and its agents on the Closing Date pertaining to the operation of Lh, e Ut{lit)' System. (4) One (I) set of drawings showLng the san ita~ ~,a.~te,a, ater collection, treatment and disposal facilities of the utility. Such drawings shall also include any original tracings, sepias or other reproducible material where same is in possess/on of Seller. previded for herein. All rights of Seller under the Developers Agreements described in Exhibit C and as Thc ten'n "Excluded Assets" shall include: (I) Cash or bank accounts of Seller which ate Seller's sole property and ate not subject refund to customers, including developers, bulk customers or others. (2) Escrow and other Seller provisions for payment of federal income taxes, state income taxes and other taxes which remain Scllcr's responsibility. (3) Such other property or rights which arc nc~ utilized in the operation and maL,~tenance of the Utility S)'stem in Collier County. and listed on exhibits her~in. of Seller. (4) All notes and account~ receivable (including cormection charge notes receivable) (S) Thc rcal estate owned by. Seller and all buildings ~nd improvements owned by Seller located thereon, as described in Exhibit (6) All ',,,,a.stewater treatment and disposal facilities of even/ kind and description v. hatsoe,,er, including but not limited to pumps, plants, tanks, transmission mains, supply pipes, irrigation quali~' ~ater and efTluent disposal facilities, valves, and all other physical facilities and property installa. tJons in use in cormection ~,.ith the Rookery Bay L'tility Waste~ater Treatment Plant operated by the Seller, as further described in Exhibit "2". R4x'~er) B~ S¢~ic,4~. Irc P~J'~a:s,e't I%r-char. e ar~ Sac of Wic, e~,asct A.ssc~ Pat~ 3 of 9 Seller J. PURCHASE PRICE: (a) Thc Purchaser agrees ~o pa.,, atoUl cash consideration in [he amc~nt of One Millioa Tsso Hundred Thousand znd 00/100 Dollu's ($1200,000) ("Purch~s,e Price'), in order to acquire the Purd',zsed Assets from the Seller, to be F4id at Closing by check made ~.vablc to RookeD, B~.-, Sen'ices, Inc. (b) Additionally. Purchaser agra's to reimburse Seller, at Closing (in addition to the Pur:hzse Price), in an amount agr~d u~ by ~ ~i~ su~cien~ ~o ~y ~e ~su ~cu~ by ~ller f~ ~e pl~ing, dcsi~, ~d ~n~tion of a ~p s~fion, ~cl~g, bm ~ I~iz~ ~o, c~ of su~, ~s~ctions, engining, ~w~g~ ~it ~li~tions, m~tefi~Is, ~n~tion f~ ~e ~fi~, ~ion I~es, supply pi~, ~11~ pi~ vnlv~ ~ice co~fi~ if ~y, ~ ~ i~cms ~ ~ ~ ~ ~e ~ics (~e "Addifio~l F~ilifies~. Such ~bu~mcnt sh~ll ~ mn~ n~ Clos~g by c~k m~e ~blc 4. DEVELQPiER$' (a) Pumhaser shall not be bound by any agreements to v, hich thc Pu.rchaser is not ~, sig~ory S. ?IJRCI{ASER Purchaser r~presents and wzrmnts ~s follows: (a) Thc Purchaser will, subsequent to Closing, and consigent with prudent business practk~ industry standards applicable thereto, Pun:h.,~ser's Ordinances, rules and rtgularion~ ~ the requL, rments of the appropriate governmental agencies luvLng jurisdiction o"er the assets and businesses of.said Utility System: (1) Provide w~s~ewat~r se,vices to all properties, [mprosements tl',cr~on ~d the occupants thereof, located within the was'~ewater service described in Exhibit "3" attached Purchaser ~ckno~'Icdges ff~t Seller shall not ov,-n nm shall Seller I~ve Ny maln~,xnc, e obligations or n:sponsibilit~ for ~ny gra,,'i~' collection sy~cms and/or pump o~ lift stations co~ or to be constructed for the i:h.u'chaser. (c) That Purchzser hzs not de~ with either a broker, s~lesman, o~ finder in connectic~ with ~ny part of the transaction conlempla~ed b} ~is A.~eement, and, in so f~ ~s it knows, no broker, salesman or other person is entitled to any commissioa or fee with respect to such ,"~ns~ctJoa. (d) Purch~er shall mlin~ain, r~ir and/or replace onl), those spec:iCg mi/ity fncilities to ~hich litle is being conveFed to the Count) pursuit to this Agreement. This provision shall not aflecl ~)' similar obligation, if an),, [hat [he County expressly assumed by ~.rit~en nD'tement to which fl~e Cou~.' is a signatory pi~ty. (e) or costs v, iih Service Customers ss'ho had entered into agreements with RBU. Roo~c~. B,,¥ $cr,,ic4.s. Inc. l~rct~l~ ~ S,~¢ of'a,'a~.-~k-r ~ In no event shall Seller be obligated or required to p~y an), Collier County lml~ct Fees regard to customers of the utility, including u,'ithout limitation, Developers and Bulk JUN 161 ;98 6. SF.. LLER'$ WARRAN'ITE$. Seller represents and wan'ants as follo~,$: (a) The Seller has full corporate pod, er and authority to exectne, deliver and perform under this Agreement and the Collateral Documents ~.'hich, ~'hen executed and delhered by the Seller. sill constitute the legal, valid and binding obligation of the Seller in accordance v,.ith their terms and Section 607.1202. Florida Statutes. (b) The Seller will permit full examination by the Purchaser's authorized representa~es of all existing contractual obligations, physical systems, assets, rights.of-wa:,' and easements utilized b2,.' the Seller in the ordinary course of business by the Seller. (c) The representations and wan'antics contained herein ~ made hereunder, atxl the Exhibits, Collateral Documents, certificates, schedules and other documents furnished in connection wi'th the u'aa,saction contemplated hereby arc those documents received by S. ellcr from RBU. No further rcpresemations are made hereby. (d) Prior to Closing. thc Seller shall operate and maintain the Utili~' System in a norra~l atxl usual manner. (e) At closing Seller shall deliver to Purchaser a check for $55.O00.00 and thereby each ortho 122 lots in thc Port au Prince service area (.see Exhibit 4 a~ched hereto) shall be credited ~4th an iml:~c~ fee payment of $450,82, including iv. stan~ where mom than a single adjac,,-nt k:~ is owned by thc ~ owner(s). To the extent that the credit does not pay the total im~ct fee attn'butable to each lot, the repaid impact fee balance shall be due and owing to Purchaser in ~c. ordance ~,ith applicable provisions of Purchaser's Ordinances. (f) That Seller has not dealt with either a broker, salesman, or f'mder in ~rmect~ with 1:~ of the transaction contemplated by this Agreement, and, b ~ f~" as ~ kno~,, no broker, salesrn, an ar other person is entitled to any commission or fee with respect to such transacts. (g) Seller has not authorked thc placing or depositing of ha.zan.kx~ sulmances on t~e real estate portion of the Purcha.~xl Assets except, if at all. in accordance with the applicable Envi~ Laws, and Seller has no actual k~wledgc of any hazardous substance ha~ lng been, or currently bcbg. placed or deposited on thc premises except in ~cc. ordance ~4th such Laws. (a) Permitted Encumbr~ncef. "Permitted Encumbrances' mean and include the following: (1) Easements, restrictions, reservations, rights-of.~a}, conditions and limitations of record, if any, which are not inconsistent with Seller's other warranties and obligations contained in this Agreement, which are not coupled w~ any reverter or forfeiture pro,,'ision~ including (without lim~tke) any drainage, canal, mineral, road, or other rese~'ations of record in fa'.or of the State of FlorHa m' ~ny of its agencies or goverTu'nental or quasi-govemrnenul entities, none of v. h3ch, boy. ever, sl':fll iml:~' er res~ct the u~ of the propcr'D' for the operatio~ of the Utility System. Roc~e~. !!~) S~rvices, Inc. ~ .,, 1 6 Such other matters as ~'e permitted under thc lerms of'this Agreement. Also not less r..h~n lea (I0) working days prior to Closing. Seller shall &lb. er Fo I:~u~Mscr an)' sune.,, in Seller's possession, which sun,'e).(s) shall set for',.h all exi~ing ea.~ments, alle.,,s, streets roads, and shov., all Addil~onal Facilities on the property znd diszances to boundz~,, lines. C_O~'DITION$ PR£CFD£NT TO T~ obligations of each pa~'ty to close thc tra. nsaction contempl:,ted by this Agretmcn! are subjec~ to the conditions that, on or before the Closing Date: ' (a) Neither pa~. shall be prohibited by lav, ful decree or law from consummating thc Fo) Pursuant to Section 125.3401, Flon'da Statutes, the Boa. rd of County Commissioner shall have Intified and appro~,ed the execution of this Agreement and authorized the purcha..~ of the Pun:h~ A-.'sets ~nd certified copies of'the resolutions evidencing such ratification and approval have been delivered to th: S,:Iier. (c) The Depa~l:ment of Envirom'ncntal Protection has ag;rtc~ in v,T~fing, not tO transfer or impose any fines and pcnahjes currently assessed agains~ R~U to the Seller ~ to thc Purcha. s~r. (d) All w~m~.nties ~nd representations hen:in of' thc panics hereto sMl] be Irue ns of thc Closing D~te. 9. _CLOSEh'G DATE A..'~"D CLOSIng. (a) This tr-ans~ctJon shall close wifl,in ten (10) days of the completion of the Additional F~cilJties ('Closing"), unless exlended by mutual ~greement of the p,xrties. (b) At Closing: (I) All accounts receivable due Seller fox w~tev,'ater ser','Jce as oft.he c~te of Closing s~ll be retained and collected by the Seller. Seller shall fu,m[sh to PutcMser at Closing a listing of its ~-ounts receivable, by customer ~nd individual amounts. The p,xnies recognize that the Closing may be estzblished during thc ~rmal billing cycle of t~ Seller. Gross revenues for was~ewa~er services rend;..red bm no~ yet billed sh~ll ~ estimated based upon thc preceding month's billings and a proration of such revenue shall be made with a credit to thc Seller ~s ~n addition to the purchase price for the number ofda),s elapsed in the current billing cycle. Gross revenues for v,'a~teaater services billed but not yet rendered from customers, shall be prorated Msed upon the preceding annual billings and debited to the Seller ~s a deduct/on to the purchase price for 0~e number of days remaining in the current billing cycle. Following the abovl: crediting entitled to all Utility System re~ enuc collected from that date forward. ~ &biting Purchaser shall be (2) Each of thc panics hereto shall pay the fees of its oa~ a,omeys, ba~erX engineers, accountants, and other professional advisers or consultants in connection with the negotiation. B,~. Services. lac and Sclc of 'a,'as~, ~,., A. sa~s of 9 pr~pa~ation and execution of ~his AD'cement and any documents associated with the Closing of' ~h¢ sale and pun:haw t. ran~ction conIemplated herein, unless othcrv,'is~ pro~,ided for in this AD~ment. (.~) Ail bills for s~r~ices rendered in connection with th~ o~ration of' the l'61ity System prior to Clesing shatl be paid by Seller. (4) As ~n addition to the Purchase Price. Purchaser shall reimburse Seller for all pre. approved expenses and costs incurred by Seller For the planning, &si~, and construction of the Additional Facilities. Thc authority to pre-approve said expenses and costs is hereby &legated to ?urchascr's Public Works Administrator, who shall base :~11 such approvals on a reasonable :,pplicazion of standards generally pre',a[ling in thc engineering and construction industries in conn¢cfioa with the planning, desi~ a~! conszruction of f'acilities such as or simila' to the Additional Facilities. Seller will bc u.'~der no obligatlon to pla. n, clcsi~n or construct thc Additional Facilities prior to thc Public Works Administrator's pr~.,pprovaI of all expcns, cs and costs. At closing, S¢I1¢r will assi~ to Purchaser all rights 3r v,'an'antic, s under any design or construction contracts for thc Additional F:,cilities. Upon said assist, meat, Seller shall ha','¢ no further obligations o£ any kind to Purcha. s~r whh respect to the Additional Facilities and Purchaser shall be deemed to have accepted the Additional Facilities 'as is' and without warranties from Seller of any kind or nature, whether implied or express and whether of fimess for a particular purpose or of merchant~billty or otherwise. (S) All prorations required pursuant to the provisions of this Agneemcnt shall be made and agrcc:d upon by the l:~ties hereto. 10. The provisions of Article 2('o) 3.nd Articles S, 6, 7, and Il(d) shall sun, he the Closing hereof~nd not be merged hen:in. ! !. ,M~SCELLA~N'EOUS PROV'iSIONS. (a) I:Yi~r to ~ si.mul~xncously with the Closing hereof, e~ch parry ~II deliver to the otber its opinion of' counsel that it ~ full legal a~ry to enter into this Agn:~menk ff~at the Agreement ~ all Collateral Documents have been duly authorized and are binding on the I:~ry. and to the bes~ of s~ch counsel's belief, the executio~ deliver')' and performance of thc AD'cement ind ~ Collateral Docuxo~ts does not constitute a br~ach or violation by such p.'u'ty of'any agreement to wffich i~ is a p3.rty. (b) This writing embodies thc enti.n: agreement and unde~ings between the par~es hemo and there zre no ot~er agr'c~ments or undem, nndings, omi or v, TitTen, with reference ~o the subject m~¢r hereof' t. hat arc no~ merged herein and superseded hereby. No alteration, change or modific3tion to the lerrns of this Agreement sh3JI be valid unless made in v,'riting and signed by the IX~nies hemo. This Agreement, reg~dless of' where executed, shall be 8ovemed and cons'~ed according to the hws of thc Stnte of' Florida. '['his Agreement ma.,,' be execuled in each of se,,'c~l copies, each of v, hich shzll be considered an original. (c) FJch par~.' v, ill. at any tLmc and fi.om time to time after the Closing Date, upon r~ue,~ of · e other party, execute, acknowledge and deliver, or ~'ill cJuse to be executed, ackno~ledg~ 3nd delivered, all such further ac~, deeds, assigru'nents, transfers, powers of atlome.',' and ~surances is ma? be required in order to 'Lmplement and perform any of' the obligations, co,,¢n~nts 3~d agreements of thc p,vties F'~rrhatar herein. Good faith is a condition of'this A~ent. In no e,~ent, hov, cvcr, shall this pro~,ision be con~ Io alloy, access by the Purchaser or third parties to the books and records of an.v affiliated corporation ofn%e Seller. (d) Neither Purchaser nor Seller may transfer or assign this Agreement or the respective dut~ or obligations hereunder v, ithout obtaining thc prior V, Tittcn consen! of' the other except that Purcl'aser hereby consents to thc assignment of this Agreemen! by the Seller to its stockhold¢,-s or to a Trustee liquidation of thc Seller. (¢) Any Notice or other document to be given hereunder by either pa. ny to thc other shall bc ia writing and shall be delivered personally or scat by certified mail, postage prepa~ or by facs~L1c lransmission. if to the Purchaser: ATTN: Mr. Ed ilschner Public Works Adminis~tor Collier County Public Works Division Building FL Third Floor 3301 Ea.s't T~'ni~ni Trail Naples, Florida 34112 If to thc Seller:. ATTN': Ma.,'k J. Woodward, as Authorized Agent Rookery Bay Services, Inc. g01 Laurel Oak Dr'ire, Suite 710 Naples, FL 34108 With a copy to: ATTN: Joseph Livio P~si. Esq. 4001 Tamiarni Trail North Suite 350 Naples, Florida 34103 (0 All representations and v.'a.n'anties heretofore made by any pzn)' to the other are merg, fl into this Agreement. (g) The headings used ave for convenience only. and the parties herein agree that they shall be disregarded in the construction of this Agreement. (h) The parties acknov, lcdge that Purchaser and Seller shall have the right to seek specific performance to compel the Seller or Purcha.scr, to act or perform in accordance v, ith the req,~iremcnts offffis Agreement. Such right of specific performance shall not, however, be the sole or exclusive remedy ofea:h parry against the other and each party further hereby preserves its rights 1o seek damages, due to the fail,st of the other to close this Agreement or 1o satisfy the obligations contained herein ~'hich exist after Closing. Rookcr) B~ ~nicrs. P~e 8 of 9 (i) Thc draflin8 of this Ag~ernenl cons6ruled a jo~n! effc~ of' ~ panics hertto, and in interpreu6on hereof', it shaU bc assumed that no pa~ had ~),. more input or influence herein than other. It is agreed by and bet~etn the I~rties hereto that all v. ords. lerms, and conditions herein conta;ned ~e Io be rtad in concert, each with the other, and that a provision contained under one heading may be considered to bc equally applicable under another heading in thc in~crprtution oF th is ^grecmenL (k) This Agrctment is solely for the bencft ofthc l~rties hcttto and no other causes ofac6on shall accrue upon or by rtason he~fto or for t~e benefit of.~y third party. ~ho or v, hich is not a formal party her~o. DC WI'I?~SS W1-~iLEOF, the panics have hereunto caused this Agreement to be executed the ~y and yczr aforesaid in c, ountc~, ~ch counterpart to be c~sldered an original. DATED: ATT'EST: DWIGHT E. BROCIC, CLERJ( BY: Deputy Clerk TI'-[E BOARD OF CO~ CO~SSIO~RS FOR COLLIER COUT',fT~, FLO~DA AS ~ GOVEIL~TNG BODY OF COLLIER COUNTY A~D EX-OFF/CIO ~ GOVER.~TNG BO,,LRD FOR T'F[E COLLIER COUNTY WATER-SEW'ER DISTRICT. BY: BARBARA B. BARRY. CHAJ~ DATE: WIT~,'ESSES: [type or print name) (t'~e or print name) ROOKERY BAY SERVICES, INC. (t)pe or print name) Its: Date: Appro~'c~ as to form and legal su~cicncy. Thomas C. Palmer. Assist~nz County Artomc). EXH~IT I · LEGAL DESCPd~TION A parcel orland located in a por~cn oF S, ectlon 14, To,,,,r..f,",Jp 31 South, Ra=~. _': Eas[, Collier County, Florida, being more partiCUlarly des~bed as follows: The SE :', ofthe NE Y,. of the .~IE ', Secdon 14, To~rjhJp 51 South, Rathe ." Ea.~t. Collier Counb'. Florida; LESS A.X;D SUB.CT TO: Any eaJemcnL~ needed i.n support of d',e AddJdonal Facilities 2 Ezh;b;t 2 - Schedule of Excluded Assets 150 YffVTP. all perscra~ property assets tnclud,ng , 1 blower and assoc;a:ed motor , all parts, small IO¢~S equ,pment related 1o plant c;erat,cn 300 VVV'VTP: all personal property assets includ,r~. 2 blowers and assodated motors · 1 well water pump and motor · 1 water pressure lank · 1 Polysonic flowrrater, associated chart recorder, manuals, svt~olies, parts. records, etc. · 1 surge pump and motcx , 1 chlorinator sys',em, parts, manuals, elc. 1 air pac system · Misc. hand Iooi$. supplies, parts related 1o plant operation Monitoring wells built lo DEP standards and in operation, quarterly reports, and records, drawings, ese related lo groundwater monitoring wells Port au Prince .OO6 WWI'P · 1 blower and mot~ 1 lift station, pump. molor and related equipment · Fence · Krohrn flowmeter, force main. related equipment installed to Counh/ specJfications 5. Accounts Receivable EXHIBIT 3 Rookery Bay Franchise Sen'ice Tcrri:ory To,,v~sh;_o ~I Soul_h_ ]~a%~¢ ~6 EesL Collier ~fion 3 - ~ Somh '4 of S~6~ 3 ~S ~ ofS~ gSt ~ Sou~ of U.S. ~y 41. ~ SE ~4 of the SW ~4 ,~ the SW ~ion I0 - ~ N~ ~ l~ ~ of Sk 9S1 g~ ~ ~n~ ~ o~S.~ 9S1. ~ion i I - ~ NW ~ of the ~ ~SW~. ~ion i2 -~ We, ~ oFE~ ~ I~n~ No~ oEU.S. ~y 41. The SW ¼ or,he SW ¼. LESS TM~ TOLLOW]I~G DF~Ck[BED PAR. CF.L .~ticn_13_ - Ail oF£ecfion 13. Section 14 - Thc NE '4 of~hc NE '4. Section 15 - ~ Sou~h ',4 o£ thc South '4 lying East of SR 951. Township S1 South. K~_~¢ 27 E.st. C~llier Coun~ S~ion S. NE '4 of NE '4. Exhibit 4 Thc follo~ing Pon Au Prince lots bill bcnefil from impact fcc p~.,,ment of $.~.~.000. Lots along Isle of St. Thomas SIreet. Port Au Prince Lot 61 Port Au Prince Lot '/2 Port Au Prince Lot 81 Port Au Prince Lot 62 Port Au Prince Lot '/3 Pon Au Prince Lot 82 Port Au Prince Lot 63 Port Au Prince Lot ?4 Port Au Prince Lot S3 Port Au Prince Lot 64 Pon Au Prince Lot 75 Port Au Prince Lot S4 Port Au Prince Lot 65 Port Au Prince Lot ?6 Port Au Prince Lot 85 Port Au Prince Lot 66 Port Au Prince Lot ?? Port Au Prince Lot ~6 Port Au Prince Lot 6./ Port Au Prince Lot ?8 Port Au Prince Lot ~? Port Au Prince Lot f8 Port Au Prince Lot ?9 Port Au Prince Lot ~8 Purr Au Prince Lot 69 Port Au Prince Lot ?gA Port Au Prince Lot 89 Port Au Prince Lot 70 Port Au Prince Lot 80 Port Au Prince Lot 90 Port Au Prince Lot ./1 Port Au Prince Lot 80A Lots along Moon Bay Street: Port Au Prince Lot 41 Port Au Prince Lot $1 Port Au Prince Lot 101 Pon Au Prince Lot 42 Port Au Prince Lot $2 Pon Au Prince Lot 102 Port Au Prince Lot 43 Port Au Prince Lot 53 Port Au Prince l.x)t I03 Port Au Prince Lot 44 Port Au Prince Lot 54 Pon Au PHnce Lot 104 Port Au Prince Lot 45 Port Au Prince Lot 55 Port Au Prince Lot 10S Port Au Prince LOt 46 Port Au Prince LOt 56 Port Au Prince LOt 106 Port Au Prince Lot 47 Port Au Prince Lot 57 Port Au Prince Lot 107 Port Au Prince Lot 48 Port Au Prince Lot SS Port Au Prince Lot 108 Port Au Prince Lot 49 Port Au Prince Lot Sc) Port Au Prince LOt 10'9 Port Au Prince Lot 50 Port Au Prince Lot 60 Port Au Prince Lot 110 Lots along Ocho Rios Street: Port Au Prince LOt 2lA Port Au Prince LOt 29 Port Au Prince Lo~ 121 Pon Au Prince Lot 21B Port Au Prince Lot 30 Port Au Prince Lot122 Port Au Prince Lot 22A Port Au Prince Lot 31 Port Au Prince Lot 123 Port Au Prince Lot 22B Port Au Prince Lo~. 32 Port Au Prince I.~ 124 Port Au Prince Lot 23 Port Au Prince LO: 33 Port Au Prince Loc 12S Port Au Prince Lot 24 Port Au Prince Lot 34 Port Au Prince Lo~ 126 Port Au Prince Lot 25 Port Au Prince Lot 35 Port Au Prince Lot 127 Pon Au Prince Lot 26 Port Au Prince Lot 36 Port Au Prince Lot 128 Pon Au Prince Lot 27 Port Au Prince Lot 3'/ Port Au Prince Lot 129 Port Au Prince Lot 28 Port Au Prince Lot 38 Port Au Prince Lot 130 Port Au Prince Lot 91 Port Au Prince Lot 92 Port Au Prince Lot 93 Port Au Prince Lot 94 Port Au Prince Lot 95 Port Au Prince Lot 96 Port Au Prince LOt 97 Port Au Prince Lot 98 Port Au Prince Lot 99 Port Au Prince Lot 100 Pon Au Prince Lot Pon Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince LOt Port Au Prince Lot II 12 13 14 IS 16 17 18 19 Port Au Prince Dot 120 Port Au Prince Lot Port Au Prince Dot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot Pon Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot Port Au Prince Lot 31 32 33 34 35 36 37 38 39 40 '"':'-'-'~-" RBS Cu~omcr Lis~ ~ """ M ~s 12 ~0 ~.R~ 13 12 ~~ 1.101 ~&~ ~U~ ~ 2 12 24 M Ga~s 1.191 M G~ ~ Boyr',e U~i, ~ Ck,,"~o.,l~ i $2 12 $ 101 00 $ 1.2~200 M G~)k~r4 [ 1.L~4 S I q~ $ 3.Mi M To~II In~r~ ~ N(~ 11 I01 ~32i 7.71,3 $ 2~.S74 ~l - --- F,'~t C)w~en,r~ Un 1 12 12 ~ $ 11 O0 $ 204 OO Tota! A(Xl C)w~ar~ UrY~ 2:2 12 2t,4 $ 12 e) P~he 1 c~ 2 1.977 125~nO(124 0,14S $ 1 84 $ 17.024 ~ ~ Eost T~; ~ ~;h~ Unq 233 12 2.7~ M~s 2~2~ I.~ S I~ $ 15.~24 T~ ~ ~ Un~ 271 12 3.2S2 T~ ~ ~%~ U~ 143 12 1.7~e I 12~ S M ~4 1~ ~ ~ ~2 0.270 S 1 F~ ~ U~ 1 ~2 ~2 . T~l~ ~flm~ U~ 211 12 2616 Fnt ~fl~ U~ 1 12 12 S 17 T~I ~ ~ U~ 2~ 12 2.e32 S ~-I~nor~T~ 1 12 12 % ~ S 7,272~ M Ga~s T~ ~ ~ I.~ 278 10,124 1~,~; S 4~.~.~ T~ ~v~n,n~ un~ cc~(',~.~,..hn- sL~e ,~;e ~ke~ lmm DOR'$ b~n~ S~s~m. ~m ~( wi~.- ~ts ~ Pro~e.c~e~ RrY~s w~s c~u~ted usm~ ~, upCa:e~ .~r~'d~o~ from DOR. ~14d It Md/ Pm~ 2 c, 2 EXECUTIVE SUMMARY APPROVAL TO AWARD AGREEMENTS FOR UNDERGROUND UTILITY CONTRACTING SERVICES ON AN AS NEEDED BASIS (RFP 98-2783). .r~: To obtain Board apprOval of staff's selection of firms and award ~,'~jreements for underground utility contracting services on an as needed basis. _CONSIDERATIONS: The Utilities Department has a continuing need for underground utility contracting services for minor and medium scale prOjects. For projects with an estimated cost of twenty-five thousand dollars or less, staff would obtain a proposal from one or more of the selected firms, negotiate the most favorable project terms and conditions and issue a work order to Initiate the project concurrent with procedural approval from the Purchasing Department. For projects more than twenty-five thousand and up to fifty thousand dollars, competitive quotes would be solicited from all of the selected firms. Above fifty thousand dollars, but less than two hundred thousand dollars, competitive quotes would be solicited from all of the selected firms and a staff recommendation will be submitted to the Board for approval. In accordance with Section VIII B-3 of the County Purchasing Policy, a Selection Committee was formed to evaluate the proposals received. Six firms responded with proposals to RFP No. 98-2783. The firms were judged on project understanding; expertise of designated staff; previous performance on similar jobs; references; current workload; office/yard location, availability of equipment and responsiveness and other relevant criteria. Subsequent to the posting of the staff recommendation, the Purchasing Department received a timely protest from Kyle Construction. The Purchasing Director reviewed the protest in consultation with Public Works staff and issuod a decision which was forwar(~ed to the protester. The protester subsequenUy filed a formal objection to the protest decision seeking to appeal the decision to the Board. Accordingly a copy of the pro'.est and the Purchasing Director's decision have been provided for the Board's review. Four firms are being recommended for selection: Mitchell & Stark Construction Co., Inc. Kamphius Pipeline Co. Douglas N. Higgins, Inc. Kyle Construction, Inc. Staff recommends authorizing the Wastewater Department to approve work orders as addressed within this summary. The contract period is for one year with a one-year renewal period at the County's option. ~The scope of this agreement could also include projects managed by other County Departments. Executive Summary RFP No. 98-2783 Page Two FISCAL IMPACT: Funds for these proje<~ am provided in each of the user division department budgets or the appro~ate operating budgela. .(i~ROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the selection of the four firms listed above for annual underg~ utility contracting services pursuant to RFP No. 98-2783, and authorize the Chairman to execute the agreements after review by the County Attorney's Office. PREPARED BY': Dave Chmnister, Supervisor Wastewater Collections DATE: ~'--- 5'-- ~'P Ti~i~lemon~~r Wastewater Department Stephen ~. Carnell, Director Purchasing/General Services DATE: REVIEWED BY:~ Ed Ilschner, Administrator Public Works Division DATE: Regular Agenda: 6/16/98 JUN 1 6 1998 4~1 Tamimi Tna ~ #~, ~ )4103.30~0 FA~ l~a:/h~.qu,rles.¢orn OFFICIAL CONTEST OF Bm #98-2783 HAND DELWERY April 24, 1998 Mr. Steve Camell Purchasing Director Collier County Govex.'nment General Service Building 3301 East Tamiami Trail Naples, FL 34112 Re: Request for Prot~osal #98-2783 -Annual Contract for Underground Utility Contracting Services Dear Mr. Carnell' Our law firm has been retained by Kyle Construction, Inc. ("Kyle Construction") for the purpose of filing this Official Contest of Bid //98-2783 ("RFP"). This Bid Contest is filed pursuant to Section XVIII of the Collier County Purchasing Policy. The County th.rough the RFP sotight bids from contractors to perform annual underground utility contracting services and certain emergency utility contracting services. The County received several responsive bids from well-recognized and qualified bidders. The bids were scored and then ranked by a Selection Committee. Unfortunately, some members of the Committee made errors in their scoring which resulted in a ranking for Kyle Construction that was too low and for a ranking for Kamphuis Pipeline Company ("Kamphuis'), an out-of-state contractor that recently opened a small office in Collier County, which is inordinately high. These errors occurred because of incorrect information which was provided by Kamphuis and because of the failure of three or more members of the Committee to give proper weight to various factors as required by Collier County's RFP. If the scores are corrected in accordance with the County's requirements, Kyle Construction will be included as one of the top three QBNA~I4~]I.I JUN ! 6 1998 Page 2 April 24, 1998 Mr. Stcve Caf'nell cotnpanies and Kamphuis will be removed from the list. The scoring sheets for each of the bidders and a summary of total scores for each bidder is attached to this Bid contest as Exhibit ~ 1 .~ Summary of Selection Criteria The scope of the work involves general utility contracting services and emergency repair services. The RFP, even requires that two 24-hour emergency telephone numbers be given by the successful contractors to ensure their availability. The RFP specifically provides that proposers with 'all key personnel located in Collier County will receive 25 points" and that proposers with principal offices and/or key personnel in other areas will receive fewer points. The RFP includes int,uiries regarding the location of necessary equipment for the work and rates for emergency work. The RFP includes the following summary of grading criteria: .Grading Criteria Points 2. 3. 4. 5. 6. Project Understanding 10 Expertise of Designated Staff 20 Previous Performance on Similar 3obs 20 References 10 Current Workload 15 Office/Yard Location, Availability of Equipment and Responsiveness 25 Total Possible Points 100 Objective Evaluation of Scores A summary of the overall points for each of the grading criteria awarded to Kyle Construction and Kamphuis is attached as Exhibit '2.' In addition, the points for each grading criterion are shown with the evaluation that follows. In both instances, the initials of the Committee member are above the score(s) given by that panelist. QBNAP~I,~153 I. I Page 3 April 24. I998 Mr. Steve Carnell 1. Project Understanding. J ,~0 ~,[nm ....................... Kyle Construction is a local contractor that is presently doing work of a similar nature for the City of Naples. Kyle Construction's bid demonstrates a thorough understanding 6f the project. Kamphuis ha~' never worked in Collier County and its proposal is devoid of specifics regarding many of the items in the RFP related to the work to be performed. Despite Kamphuis' vagueness and inexperience, it received an I 1% higher point total for this category. 2. Expert'se of Designated Staff - Grading Criteril .......... K'amp~tli~' [ ..... Kyle ,,: ,i;is"l"'," , ExpertiaeofDe$ignated ..... 20 20 [ 20' 18 Staff(20 po[nm) ...... 92 ~ 05 10 I0 16 14 55 Kyle Construction has direct verifiable experience with the work described in the RFP, as set forth in its proposal. Kamphuis did not provide any m~,ppor~ in the proposal for its staff ~ving any experience in the specific areas included within the RFP. Despite the disparity, Kamphuis received a 67% higher point total in this category. QBNAI~I 4~531.1 JUN I 6 1998 Page 4 April 24, 1998 Mr. Steve Carnell 3. Previous Performance on Similar Jobs - Grading Criteria '~g~, "g.g%c~ "o~ ..... simu~-So~ ao Poim) ~ I ! t I I It I I I I I I Kyle Construction has an ongoing contract with the City of Naples for the same type and nature of work as described in the RFP and set forth in Kyle Constmction's proposal. Kamphuis' proposal did not provide a description of any past experience related to the renovation/retrofits or demolition of water, sewer or storm-drain lines, and further has not performed any work in Collier County since 1988. Kamphuis received total points 37% higher than Kyle Construction for this category. 4. References - ' Grading Criteria I','.. ' ........'Kampl~uis .... ' ~ K¥ie'.' .... 'g~=~g<~0,"o~,d~ ,11' o, I'io 'l ~,;b ,I ,io ,I,,o 'I d"'l g, I',o ,o !,o IlO I 'ts ,,Il Kyle Construction, in its proposal, listed several local references such as the Collier County Ir~pecfion Divisions, the City of Naples Engineering Department, and Richard Woodruff, City of Naples Manager. Each of Kyle Construction's references are directly related to the work as described in the RFP. Kamphuis listed no local references, and listed no references regarding projects similar to the work outlined in the RFP. Despite this amazing disparity, Kamphuis received a higher point total than Kyle Construction for this category. QIINA/~,14~.~3 I. 1 JUN '1 ii 1998 Page 5 April 24, 1998 Mr. Steve Carnell 5. Current Workload- 1 'Grading Criteria ' "~[ ' Kamphuis ' ']~ ' . Kyle . ~ I'Dc ITc I"kB {" Rs'"l Tot i'[ I Dc I'C I r.B I P-S I To*,' { ....... 07 -'I'5" 15 "i2 "l~' 62' ' .... 05 I 0'[ 02 [ 12 I 13' I 3~" ~ (15 Point~), , Kyle Construction indicated in its proposal that it5 present workload would not negatively affect its ability to perform the work as described in the RFP. Kyle Construction further indicated that it had contacted the City of Naples regarding the work Kyle Construction performs for the City of Naples, and the City of Naples had responded to Kyle Construction favorably regarding the City of Naples accommodating Kyle Construction performing the work as described in the RFP. Kamphuis provided no description or statement regarding how its present workload would affect its ability to perform the work as described in the RFP. Despite the failure to respond to the RFP, Kamphuis received a total of 62 points for this category. 6. Office/Yard Location, Availability of Equipment and Responsiveness - brading Crite'ria 'Kamphuia ...... i ........... ]{. .. '' 'K),le ,'K 'l .DC....I T,,C KB I RS,,,{,f°,t~l,, t,,J,K I'DC ITC I KB i RS .... Total Office/Yard Location, 20 25 2('. 20 23 I 13 05 25 25 20 23 98 Availability of Equipment & Respoasivene~ (25 Po'mu) .................. Kyle Construction, as indicated in its proposal, is located in Collier County and has been since 1993. Kyle Construction keeps its yard, equipment and key personnel located in Collier County. Despite the RFP's express provision that a local company such as Kyle Construction "will receive 25 points" for this category, Kyle Construction was given only 5 points by one of the Selection Committee members and three other Selection Committee members gave Kyle Construction less than 25 points. Kamphuis has no yard location in Collier County, has its principal offices in another state and does not have substantial staff support in Collier County to respond to the emergency situations as described in the RFP. Kamphuis, unlike Kyle Construction, charges a substantial Page 6 April 24, 1998 Mr. Steve Carnell premium to perform work on an emergency basis. Nevertheless, and in direct contradiction to the RFP, several of the Selection Committee members awarded Kamphuis the full 25 points for this criteria. Despite the clear superiority of Kyle Construction in this category, Kamphuis received total points 15% higher than Kyle Construction for this category. The final ranking of the bidders was determined by directly relying on the points each Selection Committee member gave to each bidder. Therefore, the errors in awarding Kamphuis too many points and Kyle Construction too few points changes in each bidders' final ranking. Exhibit "4" shows how the errors affect the scores and Exhibit "5" shows the resulting effect on the rankings of the six bidders. Inaccuracies in Kamphuis' Proposal Kamphuis' proposal contains numerous statements which appear to be misleading or inaccurate. These statements include the following: 1. Kamphuis' proposal lists a number of people in its organization as follows: Administrative 1, Professional 1, Office 1, Shop 1, and Field 30. Kamphuis does not appear to have the described number of people in Collier County, Florida, but does not disclose that these are not all local employees. Kamphuis' office in Collier County, Florida is located at 3673 Prospect Avenue, Suite 3, Naples, Florida. The office is a 30'x30' room with an answering machine and a desk in it. The office was opened approximately 60 days ago for the apparent purpose of Kamphuis bidding on this contract. Kamphuis lists its yard locatior~ as 3763 Prospect Avenue. However, a check with the owner of this property will show that Kamphuis has made no arrangements to lease the property and has no yard at that location. Further, there is no equipment at 3673 Prospect Avenue, the office location. The company has no yard at any other location in Collier County and they do not have the equipment located in Collier County that would be needed to perform the work described inthe RFP. 2. Page 11 of the RFP, Proposer Qualification Form, asks "are there any judgments, claims, or suits pending or outstanding by or ~ainst you.'?" Below the question is the following sentence: "List all lawsuits that have been fried by or against your finn in the last five (5) years." Kamphuis indicated that there were no judgments, claims or suits pending or outstanding by or against it, and failed to list any litigafio:, within the last five years. Kamphuis is involved in at QBNA~I4~31.1 Page 7 April 24, 1998 Mr. Steve Carnell '~east two presently ongoing lawsuits with the following case styles: Civil Constructors, Inc. v. £'.amphuis Pipeline Company, Case No. 97--08470-CK, Branch County, Michigan, and lsco Ii~dustries, Inc. v. Civil Constructors Inc., Capitol Indemnity Corporation, Kamphuis Pipeline Compan'g. (third party defendan0, Case No. 1:97-CV-377, United States District Court for the Western District of Michigan (Southern Division). Copies of court documents are attached to this Bid Contest as Exhibit "3." Kyle Construction is a local construction company that has worked very hard to establish an excellent reputation in Collier County and perform high quality work at all times. In this particular RFP, Kyle Construction is objectively more qualified to perform the work described in the RFP than Karnphuis, especially the emergency services. Nevertheless, Kamphuis was able to obtain a ranking from the Selection Committee members higker than Kyle Constmction's when Kamphuis does not: (1) (2) (3) (4) (5) (6) Have the local staff support and equipment required to adequately perform the contract; Failed through its proposal to demonstrate its knowledge of the project; Failed through its proposal to demonstrate its availability to handle the work, Failed through its proposal to demonstrate the qualifications of staff who would be responsible for the work; Failed to list pending litigation against it as specifically required by the RFP, and Was given scores by Selection Committee members that directly contradict the express provisions of the. RFP published and relied on by Kyle Construction. Florida courts have long held that "competitive bidding statutes are enacted for the protection of the public.., the bidder ia assured fair consideration of his offer, and is guaranteed the contract if his is the lowest and best bid received. Under this system, the public authority may not arbitrarily or capriciously discriminate betweeu bidders, or make the award on the basis of personal preference.' ,.¢,.,g.,, Hotel China & Glassware Co. v. Board of Public Instruction of Alachua County, 130 So.2d 78, 81 (Fla. ist DCA I961). Based on the facts and law set forth above, Kamphuis should not be selected for this contract and should be disqualified from consideration. As shown by Exhibit '5,' Kyle Construction should be listed as one of the three top bidders. Alternatively, a new Selection Committee with no personal ties or relationships to any of the contractors should be selected to re-evaluate the proposals with Kamphuis disqualified from consideration. JUN 1 t~ 1998 Page 8 April 24, 1998 Mr. Steve Camell This is an official and formal contest of bid g08-2783 and Kyle Construction specifically r. equests Collier County's respomse to this bid protest to be provided to Kyle Construction, Inc. cto Robert E. Doyle, Ir., Quarles & Brady by facsimile and by regular U.S. mail. If you have a.,ly questions or if we have omitted a~y information necessary to this Bid Contest, please contact · ,,ne immediately. Sincerely, QU~&: BRADY._.. RED:jlr Pursuant to Section 92.525, Florida Statutes, under per~'lties of perjury, I declare that I the fac~.~tated have read the foregoing Contest of Bid and C~mrles E. A'~raha~ President Kyle Construction cc: Mr. Charles Abraham JUN 1 6 1998 _ SUMMARY OF TOTAL SCORES Grading Criteria Mitchell & Kamphuis Higgins Kyle FSU Cabana Stark Projec~ U~ing (10 points) 48 47 47 42 38 35 - ' Exper6se of Designated S~3ff (20 ~ 92 70 55 63 69 points) Previous Performance on Similar 96 85 82 {52 52 67 $ot~ ~ Point) R~fcr~nc~ (I0 Poir~) ~) 47 40 45 4~ Curr~ Woddo~d (15 Poh~) ~7 ~2 $~ 32 30 $2 Office/Yard Location, 123 113 118 ~8 I01 90 Availabili~ o~ Ec~iprr~n~ & Re~ponsivmne~ (25 Points) ~o=, .... I ,~o I ~ I"'~ ..... l~4 ,, JUN I § 1998 EVALUATION M~TRIX RFP #~8-2783 "Annual Contract for Undetgrotmd Utility Contracting Services" COMMITTEE ME:M~ER '$ R.~NKJNG$ JUN 16 I~$ / EVALUATION MATRIX RFP #98-2783 "Annual Contract for Underground Udlity Contracting Services" I I ~'~ ~,-~ ,1',.,~ ~:/2,,I.'.,c /z~?.'.,.~ /-'.$,.~..~,'~..~- I I I of Equ~. & Respons~eness COMMITTES MEMBER'S RANKINGS FIRM Selection Committee Member's Signature Dated: z./'.. 3 -- ¢ ¢' /$ EVALUATION MATRIX RFP #98-2783 "Annual Contract for Underground Utility Contracting Services" _.r,:- ..... Evalu=tion Criteria .. ...,:... ~: . -_:..,: ~ Gradino Cr~eda Prciec Un Jetstar, din? (I0 Cc,nfs) Ex~ecL,~ of Del~jnated $:--ff (20 Doints) Previous Pedcrm,~nca on Similar Jobs (20 ~cintsl References (10 Currenl Wcrkload [15 poin:$1 C OMMI T'FEE MEM~ ER'S RA NKIN G S FiRM /o I Selecticn Committee Member's Sign~.ture EVALUATIC RFP #g~-,~, ~ "Annual Contntct for Underground UflI[W Contacting ~rvices" PQ~on~nc~ en I0 C OMMI1"T~E MEM~ ~R '$ RANKINGS 15" ZD EVALUATION MATRIX RFP #98-2783 "Annual Contract for Underground Utility Contracting Services" .P. rc!ect Under*t;andln(~ (10 13oints) Experuse o! Oe$ignate~ St;aff (20 points, ,~.' I ," I Previous Perforrr~nce on $irml;ar Jobs (20 points) References (10 oo~ntsl Current Workload (15 I;oints~ Office:Yard Location, Availal3di~ of Equio. & Responsiveness (25 ¢cintsl COMMITTEE MEMBER'$ ~"3 ' / -- ~ RANKINGS FSRM Selection Committee Merrzb~r'~ Signature ) ., Grading Criteria Kamphuis ,,, ~ Kyle Projec! Unders~nding (I0 points) 10 10 I0 I0 7 0:5 10 I0 10 ? Expertise of Designated Scarf (20 points) 20 20 20 18 14 05 10 10 16 14 Previous Performance on Similar Jobs (20 20 20 15 15 15 05 10 10 20 17 Points) References (I0 Points) 07 10 I0 I0 I0 05 I0 10 I0 I0 Current Workload (15 Points) 07 15 15 12 13 05 0 02 12 13 Office/Yard Location, Availability of 20 25 20 20 23 05 25 25 20 23 F_~ipment & Responsiveness (25 Points) To~, ,'"' .. "' '.11 .,~ I ,®' I ,~.."il...i~'., I.~=' II ,i, "1 ~, I~, JUN I iii 1~8 ~ ~;._/7 _ ] ~ C~~ INC.. FEB '%,%. C~&= NO. 97-08-470-CK VS. C. APrI~ INDI~,~NITY CORPOI~A~iON, ~L~. c~ ('l,~s4om) .~00 'W~mrd Aw=, Sulu: 2500 O 13)961-0200 ~r. er L. C)u~mo~ Anom~ys fl~ MAm~/m~ ~ Company [616)71~2-2000 755 w. ~lz ile~vm., $~e.. 17(10 JUN ! B 1998 Exhibit "3" ~ of 2 n~co n~'Do~, I~TC., · Xz~.ky CIVI:L CONSTRUCTORS, INC., = ~-':'M? cozpm.azi~, sod ~L 12~1'D~ COIIPORATION, · Wi~o~ia eotlx~tim~' C~ No. I:g7-cv-3T7 ClXrlI. CONSTtLUC'TO~, INC., Now come~ CIVIL CONSTR~CTORS, INC., by m~d through thor ~:torneya. ~nd ~s for Su~ Jud~ ~ ~p~ Pi~ C~, pu~ ~ F~e~ R~e of~ ~~ 56, ~ in ~pp~ df~ Marion relies upon ~o ~ B~ ~ ~bi~. ~ ~P~ Plpe~e Comply ~ w~ un~le.~o o~ ~ JUN 1 6 19.,q8 , , CORRECTED SCOR G CH RT* Grading Criteria I,jK Kamphuis ,, [[ Kyle Project Understanding (10 points) 7 7 7 ? 7 05 I0 10 10 7 Expertise of Designated Staff (20 points) 0 0 0 0 0 05 10 l0 16 14 Previous Performance on Similac Jobs (20 0 0 0 0 0 05 I0 10 20 17 Points) References (I0 Points) 0 0 0 0 0 05 Current Workload (1.5 Points) 0 0 0 0 0 05 0 02 12 13 Office/Yard Location, Availabili~ of 5 5 5 5 5 25 25 25 25 25 Equipment & Responsiveness (25 Points) *Corrected scores are the maximum possible the facts support for Kamphuis and the minimum possible factually supported scores for Kyle Construction. QBNAP~14~23.1 Exhibit "5" CORRECTED EVALUATION RECAP-FINAL RANKING STANDARDS RFP ~98-2783 "Annual Contract for Underground Utility Contracting Services" _:NAME OF FIRMS 14itchell & Stark nd NUMBER OF PLACE RANKINGS 2 2 NUMBER OF 3~ PLACE RANKINGS 2 TOTAL - SCORING SELECTION COMMITTEE FINAL RANKINGS L~e ~onstruction and Cabana SelectYon Committee Chairman's Signature Date: NOTE: Ranking scoring is determined by multyying each 1= Place Ranking by 3 points, each 2~ Place Ranking by 2 points, and each 3"~ Place Ranldng by 1 point. The Final RanWng order is determined by the highest to lowest Ranking Scoring totals. JUN I 6 1998 COLLIER COUNTY GOVERN NT SUPPORT SERVICES DIVI$IOF~ PURCHASING D E PARTMEN~iV May 28, 1998 Mr. Robert E. Doyle, Esq. Quades & Brady 4501 Tamiami Trail N, Suite 300' Naples, FI 34103-3060 GENERAL SERVICES BLDG. 3301 E. TAMIAMI TRAIL NAPLES, FLOR/DA 34112 (941) 774-8425 FAX (941) 79~-~795 Subj: Protest Decision, Award of RFP 98-2783, Underground Utilities Service~. Dear Mr. Doyle: This office has reviewed the protest of April 24, filed by your firm on behalf of Kyle Construction pertaining to the award recommendation for the referenced RFP. The primary issues raised on behalf of Kyle Cor~struction in this matter can be summarized as follows: 1) That the selection committee scores used to rank the firms were not consistent with certain expressed requirements of the RFP. 2) That the proposal submitted by Kamphius Pipeline Co (one of the recommended firms) contained inaccurate information concerning the firm's litigation history and local presence; and 3) That Kyle Construction is more qualified than Kamphius Pipeline Co, based on the published requirements of the RFP. The following is a summary of the information gathered and any remedial actions taken by this office with respect to each of the issues raised: COMMITTEE SCORING Each committee member was contacted individually to verify whether they had properly understood the specific requirements of the published RFP and the submitted proposals when preparing their scores. Based on these conversations, two of the committee members were asked to re-score the proposals. In one instance, the member rescored all crfterfa for all of the proposals. In the other instance, the member rescored Kyle's proposal under the 'current workload" criterion. JUN ! 1898 Mr. Robert E. Doyle, Esq. May 28, 1998 Page 2 The revised scores (see attached) were then re-ranked in the same manner as the odginal ranking (three points given for each individual first place, two points for every second place score and one point for every third place score or Method A as referenced in the attached). The modified ranking produced the same order of firms, including an apparent tie for fourth place between Kyle Construction and Cabana Construction. In order to break that tie, the rankings were then computed on a modified scale with f~'e p~)ints given for first, four points for second, three for third, two for fourth and one point for every fifth place vote (Method B as referenced in the attached). This method resulted in Kyle Construction moving into sole possession of fourth place. KAMPHIUS PROPOSAL The protest noted that Kamphius failed to disclose litigation that the firm is party to against Civil Constructors, Inc. involving the construction of a sewer-related project for the Lake George, indiana Regional Sewer District in 1997. Pursuant to the review of the protest, this office requested and obtained an explanation (including supporting documentation) regarding this m. atter from Kamphius' legal counsel in the matter. Said information indicates that Kamphius is not only contesting the claim brought by Civil, but has countersued Civil under its own claim as well. At the present time, the matter is still in litigation with a trial date scheduled for June 29. The protest also contended that Kamphius lacks a local presenco Specifically that the firm does not have a legitimate equipment yard or actual equipment located in Collier County. In reply, Kamphius advised that an informal arrangement to store equipment has been previously established with Coastal Crane (located at 3673 Prospect Avenue). Kamphius also acknowledged that much of its equipment is currently deployed at vadous locations in Lee County, but stated that it would be made available to Collier County on a timely basis as necessitated under the agreemenL Pursuant to this issue, a member of the selection committee viseed the Arnold Avenue site listed by Kyle Construction in its proposal and found an office of similar size to that of Kamphius that also, like Kamphius did not appear to have sufficient space to store equipment. KYLE VS. KAMPHIUS The protest held that Kyle Construction's overall experience was superior to that of Kamphius'. This argument appears based primarily on Kyle's recent work with the City of Naples and Kamphius' lack of"local" experience. However, in discussing the scoring process with each committee member, other considerations not addressed in the protest came to light. Specifically, members JUN 115 lS98 Mr. Robert E. Doyle, Esq. May 28, 1998 Page 3 cited the professional experience and background of Mr. DeJonge and Mr. Lippe, the individuals proposed by Kamphius for assignment to the contract, which also was a significant criterion in the evaluation process. In considering Kamphius' local presence, panelists noted that both gentlemen live in Naples and that Mr. DeJonge in particular, had successfully supe~ised a number of projects for Collier County during his previous nine.years of employment with another of the competing proposers. Members also considered Kamphius' list of corporate projects and the fact that the firm has been in business for 10 years. SUMMARY OF FINDINGS It is not the intent of this office in a protest decision to arbitrarily usurp the judgment or discretion of a staff committee in the competitive selection process. Rather, this office first seeks to review the issues raised, to ensure that the committee evaluated the submitted proposals based on the requirements of the RFP and to take remedial action where necessary and appropriate. In this case, remedial actions have been taken regarding the scoring-related issues raised in the protest. Concerning the litigation involving Kamphius identified in the protest, the substance of the matter has been discussed with both the Public Works Administrator and the County Attorney's Office. At this point in time, no judgments have been issued in the matter, making it difficult to form firm opinions regarding Kamphius' role or level of culpability. The failure of Kamphius to disclose this information in the first place is troubling, though the firm did provide a prompt and complete response to our inquiries into the matter. In a related but separate issue, the number of firms recommended for award was also reviewed. The RFP stated that the County was seeking a minimum of three firms for initial selection. HowevE;r, the RFP did not preclude the selection of more than three firms. DECISION This office has discussed the considerations and findings set forth herein with the Public Works Administrator and the Wastewater Director and accordingly has considered the following prospective courses of actions: 1) Using the revised scores and rankings, recommend the top three firms for award (Mitchell & Starke, D.N. Higgins and Kamphius respectively). JUN 1 {5 1998 Mr. Robe~ E. Doyle, Esq. May 28,1998 Page 4 2) Disqualify Kamphius based on the litigation-related information and, using the revised rankings, recommend the remaining top three firms for award (Mitchell & Starke, D. N. Higgins and Kyle Construction). 3) Using the revised scores and rankings, recommend the.top fourfirms for award (Mitchell & Starke, D. N. Higgins, Kamphius and Kyle Construction). After co;3sidering the information set forth in the protest, the findings made in response to the protest and the input of the Public Works staff, it is the decision of this office to elect option f/3 and recommend award to the four firms listed therein. It is the position of this office that increasing the number of firms will afford more competition from project to project and as a result will beffer serve the interests of Collier County. Any firm that fails to perform in a manner consistent wP, J3 the agreement shall be subject to termination and removal from consideration for subsequent projects. Under section XVIII.F of the Board of County Commissioner's purchasing policy (Resolution 95-353), the decision of the Purchasing Director shall be considered final unless the protesting party files a subsequent written objection to the Purchasing Director within two (2) working days of receipt of this decision. Sincerely, Purchasing/General Services Director, CSM cc: Ed IIschner, Public Works Administrator Tim Clemens, Wastewater D;rector Attachments SELECTION COMMITTEE SCORES Kyle Kmp MS DC/Project Understanding 10 Expertise of Designated Staff 10 Previous Performance 10 References 10 Current Wo~oad 0 Location and Equipment 25 (ORIGINAL) Cab FSU DNH 10 10 10 10 10 20 20 20 15 10 20 20 15 10 15 10 10 10 10 5 15 10 10 0 10 25 25 15 25 25 TOTALS 65. 100 g5 80 70 RANKINGS 6 I 2 3 5 TC/Project Understanding 1(~ Expertise of Designated Staff 10 Previous Performance 10 References 10 Current Workload 0 Location and Equipment 25 75 4 10 10 10 10 10 20 20 15 15 10 15 2O 15 10 15 10 10 10 10 8 15 15 13 0 10 25 25 20 25 25 TOTALS 65 95 100 83 70 P~NKJNGS 6 2 I 3 5 78 4 JY,/Project Understanding 5 Expertise of Designated Staff 5 Previous Pedorrnance 5 References 5 Current Workload 5 Location and Equipment 5 10 10 5 5 10 20 20 5 5 15 20 2O 5 5 15 7 10 5 5 10 7 15 5 5 10 20 25 5 5 20 TOTALS 30 84 100 30 30 RANKINGS 5 2 1 5 5 KB/Project Understanding 10 Expertise of Designated Staff 16 Previous Performance 20 References 10 Current Workload 12 Location and Equipment 20 80 3 10 10 5 8 10 18 20 15 16 18 15 2O 15 15 2O 10 10 10 10 10 12 15 12 12 12 20 25 25 25 25 TOTALS 88 85 100 82 86 RANKJNGS 3 6 I 5 4 95 2 RS/Project Understanding 7 Expertise of Designated Staff 14 Previous Perfomtance 17 References 10 Current Worldoad 13 Location and Equipment 23 7 8 5 5 7 14 16 14 12 17 15 16 17 12 17 10 10 10 10 10 13 12 12 11 13 23 23 20 23 23 TOTALS 84 82 85 78 73 RANKJNGS 3 4 2 5 6 87 1 7 eo SELECTION COMMITTEE SCORES Kyle Kmp DC/Project Understanding Expertise of Designated Staff Previous Performance References Current Workload Location and Equipment TOTALS RANKINGS 10 10 10 20 10 20 10 10 0 15 25 25 65 100 6 1 TC/Project Understanding Expertise of Designated Staff Previous Performance References Current Workload Location and Equipment TOTALS RANKINGS 10 10 10 2O 10 15 10 10 8 15 25 25 73 95 5 2 JK/Project Understanding Expertise of Designated Staff Previous Pedormance References Current Workload Location and Equipment TOTALS RANKINGS 8 10 17 19 16 18 7 9 13 13 20 22 81 91 4 2 KB/Project Understanding Expertise of Designated Staff Previous Performance References Current Workload Location and Equipment TOTALS RANKINGS 10 10 16 18 20 15 10 10 12 12 20 20 88 85 3 5 RS/Project Understanding Expertise of Designated Staff Previous Performance References Current Workload Location and Equipment TOTALS RANKINGS 7 7 14 14 17 15 10 10 13 13 23 23 84 82 3 4 Revised: 5/7.6/98 (REVISED) MS Cab FSU DNH 10 10 10 10 20 20 15 10 20 15 10 15 10 10 10 5 10 10 0 10 25 15 25 25 95 8O 70 75 2 3 5 4 10 10 10 10 20 15 15 10 20 15 10 15 10 10 10 8 15 13 0 10 25 20 25 25 100 83 70 78 1 3 6 4 10 7 7 10 20 16 17 18 20 10 10 18 10 7 7 I0 14 11 11 12 25 15 15 20 99 66 71 88 1 6 5 3 10 5 8 10 20 15 16 18 20 15 15 2O 10 10 10 10 15 12 12 12 25 25 25 25 100 82 86 95 I 6 4 2 8 5 5 7 16 14 12 17 16 17 12 17 10 10 10 10 12 12 11 13 23 2O 23 23 85 78 73 87 2 5 6 1 JUN 1 § 1998 ,, SUMMARY OF RANKINGS (RFP 98-2793) REVISED SCORES RANKING METHODS A: 3 points for each 1st place vote. 2 points for each 2'~'~ place vote. 1 point for each 3~ place vote. 0 points for 4th, 5th or 6m place votes. B: 5 points for each 1st place vote. 4 points for each 2'~'~ place vote. 3 points for each 3r'~ place vote. 2 points for each 4th place vote. 1 point for each 5~h place vote. 0 points for each 6t~' place vote. RANKING RESULTS: METHOD A: Kyle = 0+0+0+1+1 = 2, Kamphius = 3+2+2+0+0 = 7 MS = 2+3+3+3+2 =13, Cabana = 1+1+0+0+0 = 2 FSU = 0+0+0+0+0 = 0, DNH = 0+0+1+2+3 = 6 METHOD B: .Kyle = 0+1+2+3+3 = 9, MS = 4+5+5+5+4 = 23, FSU = 1+0+1+2+0 = 4, Kamphius = 5+4+4+1+2 = 16 Cabana =3+3+0+0+1 = 7 Higgins = 2+2+3+4+5 = 16 METHOD A 2. 3. 4. 4. 6. Mitchell & Starke (13 points) Kamphius (7) DN Higgins (6) Kyle (2) Cabana (2) FSU (0) METHOD B 2. 2. 4. 5. 6. Mitchell & Starke (23) DN Higgins (16) Kamphius (16) Kyle (9) Cabana (7) FSU (4) FAG HG~T/PURCH TELrlog41-Tg$o$?gs P. OOI TX DATE/TIME DESTINATION DURATION POS. RESULT MODE 941 4344999 0' 01' 55' 007 OK N ECM COI.L _w,R COUNTY GO NT ~_UPPORT SER¥IC~ DIVISION PURCI-IA~ING DEPARWb~NT May 28, 1998 Mr. Robert E. Doyle, Esq. Ouarles & Brady 4501 Tamiami Trail N, Suite 300 Naples, Fl 34103-3060 GEN3HRAI. SEI:GrlCES BLDG. 3301 E. TAMIAMI TRAIL NAPLES, 3FI. O~A 34112 (941) 774-842~ FAX (941) 793-379~ SubJ: Pmte~t Dect~lon, Award o'J RFP 98-2783, Undtrgmund Uttlltle~ Service~. Dear Mr. Doyle: This office has ravtewed the protest of Aprfl 24, flied by your firm on behalf of Kyle Construction pertaining to the award mconvnendation for the referenced RFP. The pdrrmry issue3 raised on behalf of Kyle Cqn. ~on in this matter can be summarized es follows: 1) That the selection committee acores used to rank the firms were not cormistent with certain expre~ed requbmmmts of the RFP. 2) That the pmposar s~mitted by k'amphkm Pipeline Co (one of the recommended firms) contained Inaccurate Information concerning the flrrp~s,,. IRigation history and local pr~mn~; and Thai K Cor~ }~ more .mrdfed than Knm hius Pipe r_,., ,___1_. JUN 1 6 1996 3) m P --"=f '/ on the published requimmer~ of the RFP. _ QuarleslBrady FAX 14114,1441~J http~'/www.qlfltte$.toa OBJECTION TO ~ PLrRCItASlNG DIRECTOR OF Bm #98-2783 Ree.,e/ved PurohasMg May 29, 1998 JUN O 11998 VIA HAND DELIVERY Mr. Steve Camell Purchasing Director Collier County Government General Service Building 3301 East Tamiami Trail NaFles, FL 34112 Re: Protest Decision, Award of RFP #98-2783, Underground Utility Services Dear Mr. Camelh This written objection is provided to you on behalf of Kyle Construction, Inc. regarding the above-referenced matter. Pursuant to XVIII F of the Beard of County Commissioner~ Purchasing Policy (Resolution 95-353), Kyle Construction, Inc. objects to the decision of the Purchasing Director dated May 28, 1998 in the above-referenced matter. Sincerely, RED:jlr cc: Mr. Charles Abraham QBNA,I~ I$1610, I JUN 1 6 1998 O~: To appoint 5 members to the ad hoc Ethics Ordinance Review Committee. CONSIDERATIONS.: While convened in regular session on May 5, 1998 the Board of ~ounty Commissioners voted to create a 5 member ad hoc Ethics Ordinance Review Committee. The committee will be charged with reviewing the State Statutes concerning ethie~ as a basis to determine ifthe bar could and should be raised in a local ordinance. They will espeeially be focusing on ~ome process that would M~eed up the time in which a complaint could be handled; providing ~ome penalties on a local basis that may be in addition to existing State Statutes; and, will put .some, at least minimal, burden ofpmof on the complainant to ensure that there mus~ be some basis to file a complaint. Members of advisory committees must be residents and electors of Collier County, and are subject to the Florida Government in the Sunshine Law. A press release was issued and resumes were received from the following 20 interested citizens: APPLICANT. DIST ELECTO~ ADV. COMM: Leon G. Till I yes Robert $. Tabit 1 yes W. Earl Marlin 1 yes Sandra T. Phillips I no Kathleen Slebodnik 1 yes Joseph Mumaw Dwight Richardson James A. Carthaus Harry P. Hancock, Jr. Claire DeSilver 2 yes 2 yes 2 yes 2 yes 2 yes Richard R. Oyorkos Sandra Buxton William Thiesen 3 yes 3 yes 3 yes Hispanic Affairs Casey Wolff William C. Kerrigan 4 yes 4 yes Sharon M. Hanlon Frank M. Holland, Jr. Neno J. Spagna Ty Agoston James N. Coletta, Jr. FISCAL IMPACT: NONE 5 yes 5 yes 5 yes 5 yes 5 yes Utility Authority EPTAB AGENOA JUN 1 6 lgg8 ?,-epared By: Sue Fi]son, Actministr~ve Assistant Boa~l of County Comm~sslon~rs Agenda Date: ~ 16, 1998 AGENDA ZTEH No. [o.~. JUN 16 '1998 P;.,~- ~ DATE: TO: FROM: M]~MORANDUM May 29, 1998 Vinell Hills, Elections Office .~ Sue Filson, Administrative Ass-'.stan~. Board of County Commissioners -- RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please li~ the commission district in which each applicant resides. COMMISSION DISTRICT ETHICS COMMITTEE Leon G. Till 5784 Deauville Circle B 107 Naples, FL 34112 Joseph Mumaw 100 Via Napoli Naples, FL 34105 Robert J. Tabit 4610 Lakewood Boulevard Naples, FL 34112 Dwight Richardson 725 101st Avenue, N. Naples, FL 34108 W. Earl Marlin ~ 204 Dent Drive Naples, FL 34112 James A. Carthaus 500 L'Ambiance Circle, #201 Naples, FL 34108 Sharon M. Hanlon 4555 Shearwater Lane Naples, FL 34119 AGENDA ~TEM ~o._/0. ' - JUN 16 1998 Vinell Hills, Elections Office May 29, 1998 Page Two ETHICS COMMITTEE HarryP. Hancock, Jr. ~5'[ ffr, qe~}g[ ~-~ £t Naples, FL 34110 Frank M. Holland, Jr. 11609 Night Heron Drive Naples, FL 34119 Casey Wolff 4951 Gulf Shore Blvd, N., #1701 Naples, FL 34104 Richard R. Gyorkos P.O. Box 3126 Naples, FL 34106 Neno J. Spagna 2850 27th Avenue, S.W Naples, FL 34117 Sandra Bttxton 7816 Gardner Drive, #203 Naples, FL 34109 .-- Sandra T. PI'fillips . ,,.~t/t~'~ 1232 Skylark Avenue ." ~ Claire DeSilver 7515 Pelican Bay Blvd Naples, FL 34108 Ty Agoston 360 10th Avenue, N.W. Naples, FL 34120 William C. Kerrigan 3483 Malaga Way Naples, FL 34105 William Thiesen 290 Peri#non Place Naples, FL 34119 COMMISSION DISTRICT Vinell Hills, Elections Office May 29, 1998 Page Three ETHIC8 cOMMITTEE_ Kathleen Slebodnik 32 Pebble Beach Boulevard Naples, FL 34113 James N. Coletta, Jr. 3460 17th Avenue, S.W. Naples, FL 34117 cOMMISSION DISTRICT~ AGENO& IT, IH No._ lo.ti'-- JUN 16 1998 Leon G. Till 5784 Deauville Circle B107 Naples, FL 34112 May 26, 1998 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: Please consider me as a applicant for a panelist position on the Ethics Ordinance Review Committee. I am confident that my experience as a labor negotiator designing complaint procedures and as an arbitrator establishing penaJties and burden of proof would contribute to the success of the panel. Additionally, I have had experience incorporating concepts of ethics into the management courses I have taught. I have enclosed a brief resume outlinir~g my professional qualifications. I look forward to receiving a personal interview. Sincerely, NO.. ...... /0 JUN 16 t998 Leon G. Till 5784 DeauvHle Circle B107 Naples, Florida 34112 941-774-3454 Professional Experience and Education: Lee Till, is a retired faculty member of the Management Department at Southwest Texas State University and is a human resource professional with over 30 years experience spanning numerous industries including Fortune 500 corporations as well as sn~all organizations. His experience ranges from 'hands on' human resources/industrial relations activities through human resources and labor relations policy and strategy development on a corporate level for both domestic and international business units. Mr. Till has represented management in proceedings with the Equal Employment Opportunity Commission, The Office of Federal Contract Compliance Programs, the National Labor Relations Board and has served as management's advocate in arbitration. He has conducted seminars for State government and lectured at Lewis and Clark College and Austin Community College. He holds a B.B.A. Degree majoring in human resource managP, ment from Western Michigan University and a Master of Science Degree from the Institute of Human Resources and Industrial Relations, Loyola University-Chicago. Publications: Mr. Till has written articles regarding human resources which have been published in business newspapers including the Austin Business Journal. He has also reviewed text books in compensation management for Prentice-Hall Publishing and texts in labor relations for West Publishing. Teaching Expertise: Mr. Till teaches courses in general management, human resource management, compensation management, and labor-management relations. He is also currently a lecturer on World Affairs for major organizations. Consulting Expertise: Mr. Till was founder and President of Human Resource Solutions, inc. an Austin based human resource consulting firm offering a full range of human resource services. Honors: Mr. Till received a Governor's appointment as an arbitrator to the Governor's Grievance Panel, State of Illinois and was elected to the Alpha Sigma Nu honor -.society, Loyola University. AGENDA [,TEN No. JUN 16 1998 Robert J. Tabit ...... . ......... 4610 Lakewood Blvd. Naples. FL 34112 774-4208 ..- · - . May 1S, 1995 Collier Courtly Board of Colnmissioncrs 3301 Tamiami Trail East Naples, FL 34112 ATT: Ms Sue Filson Administrative Assimnt SUBJECT: ETHICS ORDINANCE REVIEW COMMFITEE I have been a resident of Collier County for twelve years. For the past ten years I lmve owned and operated tn)' mvn business. Prior to moving to Florida I was Executive Director of a trade association fo: twelve years. I am well experienced in serving on and clmiring committees. I believ~ commitlee meetings should tx: structured. and conducted with the least amount of time spent on 'war stories' ! am not cng, aged in real estate or land development in any way. I am nol a member of the Collier Cotmty Republican Commillee or Otc Collier County Dcmocratic Committee. I am not an attorney nor am I a member of fl~c Lc~guc of Women Voter~.. Thcrcforc I can sers'c wilh out pressures from any outside group. I can address (Itc clmrges of the County Commissioners of *focusing on some process that would speed up Ihe time in which an ethics complaint could be handled .................. ', objectively and cxpeditio~ly. ! would greatly appreciate rite oppurtunity to serve on lids committee. Robert I. Tabit AGENDA LTEM ~o._ /.0.~ - ~ JUN 1 6 1998 pg. p¢~ W. EA~.. MARUN 204 Dent Drtv~ Naples, Florida ~$255 lnveslments )77~780~ ! volunteer to serve on the ETHICS COMMITTEE. I believe I am uniquely fitted for a committee to consider what, if any, standards should be adopted to govern the ethics of our elected officials. The following experience may be relevant: Certified Public Accountant - Retired Resident of Collier County for 12 years President - East Naples Civic Association President - Naples Chapter, Sons of the American Revolution. President- Lakewood Civic Association Chairman - Redistricting Committee, Collier County Republican Executive Committee Chairman - Headquarters Committee, Collier County Republican Executive Committee Precinct Committeeman, Collier County Republican Executive Committee Treasurer - Chatham County (Ga.) Republican Party Vice Chairman - Chatham County (Ga.) Republican Party City Councilman - Tybee Island, Ga. President - Tybee Island Republican Club Member- Mensa As references I offer all Collier County Commissioners and elected Constitutional Officers. I have been active in political and community affairs. Only the activities I thought might have a bearing on the qualifications required have been listed. I will be pleased to serve on this committee if I am chosen for it. Sincerely, W. Earl Marlin / AGENDA ,~'EM No. /n . JUN 16 19 J8 ?,lay 8, 1998 Ms. Su~ Filso~ Admiaistrativ¢ Assistant Board ofCo=~ C,~ssion, a-s 3301 T~ T~ ~ Napl~ ~ 34112 VIA FAX: 774-3602 ~oard of RECF.'!.- Coun,..,. · ,-. c,,~- }' .~s fOaers Dear Ms. Fil$oiz Please consider this letter indication of my interest in serving as a member of th~ Ethics Ordinaaec R~iew Committee. I am a dtiz~ of Collier Coumy and have lived on Marco Island for almost three years. My resume is following as requested. Should you wish to contact me for further information, I can be reached at 941-992-2201 extension 207 during business hottrs .'md at 941-389-1~,45 in the evenings. TMak you for yom' consideration. Very mtly yours, Sand~ T. Fhmlp~ I~2 Skyt~k &venue Marco Idand, FI, 3414~S (941) 38~-1445 CAREI~R OBJECTIV~ To use my knowledge, nurkega~ ~ ~g~.s $1~lls to the bene~ of my cmploy~ wba'le allowing ~ dcvclopm~ of my '%, EDUCATION The Pcm~71vsnh Sta~e University, BS ~ M~ ~ ~r ~ ~ Unive~ of No~h C~llna, ~ for ~g~ ~l~t li.i=. · C~I!:ER EXI~RIENCE 12f97 to Present - Colonial Mort~_R~ Company ([Y,~ l~lr,s! National Ba~k of Florida), Bo,,~ea Sprtn~, FI. Vice Prcs~L SW Florid~ Rr. iid,-~ial I.~t~g Msmg~r RcspCnS~lc for thc ~¥-~:~b.y opcr~io'~ of Io~ ofigioadon, scc~md,vy m~rk~-iinL otx:rltion~ aad pmcess~g, btm~e stuff of 6 lo~a officers, 3 procc~ors, l~lxm~l~le f~ ~_~,-~,,;,u-~tio~ of policies, hiring, u-,;~;~$, ~.counu payable, l~dCc~g a~i rc.~rting. Profit C~t~r rr.spons~illty, 04/96 to 17./97 - First Nationtl Bank of Florlds, B~nlta Sprints, FL JUN 16 1 98 l~Jg7 to 2/9'J - Union Bank~ Ssu Diego, CA I~espons~le f'~r ~be ne~o~tiou and ~Uvc~ of whole 1o~ s=i mort~g~.b~cked secu~5~s to custodiana and invcs~a~. execu~l h~dgh~g ~ f~r $2.~ ~ por~lio. Achieved 19~1 nc~ I:~'of~ of $4 million oa sales of $305 Profit c,.~r~- rcspo~ihili~. 0~84 to 11/87 - Fh'st Am, rlcan Mort~ Corp., Gr~bor% NC D/v/s/on Vice Pr~__',_ _~t, ~co~d~ ~ Reaponm'ble fo~ the ne$ofizt/on a~/del/very of whol~ ~ a~l mort~ge-b~.&.ed ~ m ~ ~d ~w ~ prosrtn:u i'm' rcsiimtial I~:ndin~. Execu~ bed~in~ s~ae~ies. Member of Cc~tt~. !~mied d~:~w~en~ oW~t/ons of ~econ&ry mtrkettng, lX~-clos/ng review, sJ~/~pin& and ~I_%, ~oL ll/~ to 08/~[. I.,oAb~ Mor~age Corl~ ~ Angeles, CA Account Execu~v~ Nego,~d whole-,~le moz~gage Icon purchase commlm~=ts. Rec~ app~wl of cum'omar appHc~om f~ approved corre.g~ondcnt ~ams. Tmvel¢t metionw/dc territory to mcct w/th cur~ome~ t~ sell pro~r'm~s. Development m~t ~ion o£cusu:=~ hue. CO.'VKPUTER SKILLS Experienced w/t~ tuage of Microsoft Window*., M/cro,,o~ Word, Microsoft Excel, Word~Perfccg Midanet, Momeg Mor~gigcFlex ~d Document Control 5ys~-m ~flwm'~. PERSONAL ACHTF~VElVJENTS - A~cle ou Secou~Ia~ ,~azk=~ug lmblished in ~o Fina~ci~I L~der, Oc~b~r, 1917 - Inclusion in 1~)0 ed~ of Who's Who of Female Executives - Achieved profe~ioml scuba div~ st~m.~ in 1992 CMC AND FROFES$IONAL ACTIVI~ Ava~ble upon requea~ AGENOA ITEM · I No./o_.. _ I J JUN 16 1998 League of Women Voters of Collier County May 2e, lqq~ Collier County Board. of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioners: The League of Women Voters has been studying the issue of ethics in government and the possible need for a local code of ethics for several months. Because of this interest, I would like to apply for a position on the Ethics Ordinance Review Committee. I served as President of the League of Women Voters of Collier County from 1994 to 1997 an~ currently chair our Government Committee. As a member of this citizens advisory panel, I would brink with me a knowledge of Florida government and League's long tradition of nonpartisanship yet active citizen participation in good government practices and procedures. I have not yet decided if Collier County needs its own local code of ethics and would carefully review the proposed code as well as others in use in other counties. After a detailed study and should a local cod~ be advisable, I would work to produce a ~ocument that reflects our needs and that we can accept with pride as tl~e hill standard for public officials that this community has come to exoect. S~ncerel¥, /Kathleen $1ebodnik · Government Committee 660 9th Street N., Suite 35B · Naples, Florida 34102 · Phone (941) 263-4656 · AGENI~, IyTEM JUN 16 1~J98 Interests and Ob,lective~,: Employment Experience: Aug., 1992 to Jan., 1994 Jan., 1988 to April, 1992 Sept., 1965 to June, 1986 Education: Organizations: 1990 to Present 1987 to Present 1992 to Present 1994 to Present 1996 to Present Personal: Kathleen Slebodnik 32 Pebble Beach Boulevard Naples, Florida 34113 (941) 775-3491 To be involved in efforts contributing to the betterment of my community and to continue continue my personal growth and leadership development. Hospice of Naples, Inc. Special Events Coordinator Tax Season Income Tax Preparer for H & R Block, Naples, FL and Irene Lichtefeld, E.A., Naples, FL Teacher, East Detroit High School Eastpointe, MI Subjects taught: Economics, Consumer Economics, American and World History University of Michigan, M.A., Business EduCation University of Michigan, B.A., With Distinction Major: Social Studies Minors: History, Biology Michigan Teaching Certificate, Permanent Secondary League of Women Voters of Collier County Board of Directors, Past President & Current First Vice President. Chairs: Membership, Legislative/ Action, Government Hospice of Naples, Inc. Home-Care Patient Volunteer Public Relations Association of Collier County Board Member and Program Committee East Naples Civic Association Government Committee Chair Greater Naples Civic Association Board Member Married 31 years; husband, Robert JUN 1 $1998 I00 V'a 1,~xdi 34105-'/106 May 22, 1998 Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Attention: Ms. Sue Filson, Administrative Assistant Gentlemen: Please accept this as my application for appointment as a panalist for the Ethics Ordinance Review Committee. Attached is a brief resume of my experience. I would be happy to discuss any additional information you may desire. Yours truly, _.eph Muma No. /cz ' _ JUN 16 1998 .............................................. I:tESUME OF JOSEPH MUMAW Full time Collier County resident since January, 1993. Homeowner in Wyndemere Country Club since December, 1996. Collier County homeowner since 1981. Born in 1932. Retired. EDUCATION BS, Industrial Management, Univ. of Baltimore (Part of U. of Maryland) 1961 Masters, Business Administration, University of Pittsburgh, I966 Numerous Symposia, Classes and Professional Association Memberships throughout career. EXPERIENCE Westinghouse Electric Corporation, 1961 - 1992 University of Maryland, University of Baltimore, Catonsville Community College, adjunct professor teaching various business courses 1967- 1983 RELATED EXPERIENCE Corporate Director of Ethics for Westinghouse Electric Corporation, 1988 to I992. (1) Westinghouse Representative to the Defense Industry Initiatives, an organization of over 100 top suppliers to the U. S. Defense Department, who established ethics policy and compliance in conjunction with the U. S. Government. Member, Values and Ethics Committee, Baltimore Regional Council of Governments. Lecturer on Ethics Policies to various government organizations, such as the Naval Training Center, Orlando, Florida (1) In this capacity, responsible for establishing polic)r, training and educating management and all employees; resolving potential breaches; communicating policy; and representing the Corporation in all contacts with outside government, auditors, and other industry representative; on all Ethics related activities. ^G£np~,, ~.TEM ~ NO. /~'. · JUN Pg. 1 6 1998 Ms. Sue Fllson '.'- ,-' ::.. :m...':: :.: ::.,~ The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Dear Ms. Filson, Enclosed is my "Highlight Bio" submitted in support of my request to be considered as a candidate for the ethics panel currently being formed by the County Commission. As you will note from my address, I am in District Two. We each have our views of what is expected of and what constitutes ethical behavior on the part of our elected official'$. Even the appearances of impropriety are often important in the effect they have in eroding the confidence of the electorate. The current holders of the commissioners seats need not feel threatened nor their trustworthiness challenged by the development of uniform standards of conduct. Any standards developed and ultimately adopted would, by definition, apply only onagoing forward basis. This effort will give the community a chance to reflect their concerns and their perception or need for standards and timely accountability. This ethics panel effort should ba limited to an examination of the community expectations of only the Board of County Commissioners. Other ethical considerations for any other positions in the county should be left to administrative processes to develop and support as required. If appointed to this panel, I will be open to receiving and reflecting the points of view of the current commissioners and the community at large. I Sincerely, l~wigh~ichardson (594-5341) 725 I e'l st Ave. N Naples, FL 34108 AGENDA ~.EM No._ /O- · _ JUN 16 1998 Highlight "Bio" eeeDwlght E. Richardsone~ 725 101st Ave. N. Naples, F1 34108 594-5341 (tel. and Fax) e-mail: n f n02097 @nap l esne t.com place of Birth: Garnett, Kansas Date of Birth: Sept. 25, 1932 Name of Spouse: AngelaD.(Stathatos) Richardson Children: Scott Richardson, Burlington, Vermont Kim Richardson, Jordan Valley, Oregon Education: Military Service: Marceline High School, University of Missouri Pace University MBA Marcel ine, Missouri (1950) BA Personnel Psychology (1956) (1976) Active Service 8/2/53 to 8/3/55 with U.S. Marine Corps .Served in California, Korea, Japan, North Carol ina...Reserve until 8/30/61 Workl~xperi~nce: JoinedAT&Tuuly 1956 asaStudertEngineer. Held various management positions in Comptroller, Marketing, Network, Traffic and EngineeringDepartrnents. Spent S years with Bell Laboratories heading a group responsible for developing Business Information Systems for traffic engir~eering and planning for Bell System use. Becarne a Division Manager (4th level) of Intercompany Relations at the AT&T General Departments in 1976 responsible for joint planning of the telephone and data network with !500 Independent Telephone Companies. With the planning for the divestiture (break-up of the Bell System), was appointed Director of Industry Relations (Sth level) in August of 1983. Became Director of Marketing--Carrier Services for AT&T Communications in October 1985 heading an organization of 420 people selling facilities and services to the other common carriers. At the time of retirement in April 1987, was responsible for an annual revenue stream toAT&Tof $1.2 Billion. NO. JUN 16 _Community Activitie~: (Before moving to Collier County) 1968-70 President, Poricy Park Citizens Committee--Middletown, N.J. 1970-73 Member of Environmental Commission--Middletown, N.J. 1970-76 Chairman Middletown Township Planning Board 1977-80 Board of Directors Memorial Association--Red Bank, N.J. lg7g-82 Board of Directors Community Services for the Handicapped 1985-87 Member of Somerset County (N.J.) Development Council ~mmuni~y Agtivitie~: 1987-1997 1987-1992 1988-1997 1994-1997 1989-1993 1992-1993 1990-1993 1990-1991 1990 1990-Present 1993-Present (Since Moving to Collier County) Member of Naples Concert Band (French Horn) Director of Publicity, Naples Concert Band Board of Directors Naples Concert Band President of Naples Concert Band Board of Directors, Imperial Golf Estates Homeowners Association and Chairman of Govt. Relations President of Imperial Golf Estates Homeowners Assoc. President of Greater Imperial Board (Master Assoc. of 1872 residential units--12 Assoc's. in the Imperial Area) Appointed by the Board of County Commissioners to serve as a citizen member of Ad Hoc Committee to review the County's Unified Land Development Code Member of founding group for the Second District Association formed to advance the interests of the property owners in northern Collier County Board of Directors of Second District Association Member of Naples Park Area Association May 1998 SAMF~ A. CARTHAUS .500 L'AldlIIANCE CIRCLE,/201 NAIVES, FL (941) 513-1324 May 7, 1998 The Board of County Comm/s~ioners 3301 Tam/ami Trail ~ Naples, FL 341 I2 RE: Ethics Ordinance Review Committee Ladies and G~ntlemen: I have been following with great interest for the past year the status of the possible changes in the ethics laws in Collier County. For your information, as a relatively new resident of Collier County, I recently completed the Leadership Collier Masters Class H, which is sponsored by the Greater Naples An:a Chamber of Commerce. This would be my first attempt to be helpful in the County. In 1987, I began working with the Trustees of the Village of Bronxville, New York when they were interested in implementing an Ethics Law for the community irt which I then lived. The process to implement the law took us almost eighteen months. When the law was passed, I became one of the five members of the Ethics Board and served for the maximum six year term, when I retired as its Chairman. When the topic is possible changes to ethics laws, I understand the various needs of the constituents of Collier County, it's voters, County employees and the volunteers in public committees. I believe that it is possible to t:ave an ethics law for Collier County which will accomplish the goals of the various constit,aenci~s. I would be delighted to be considered for m~mbership in the Ethics Ordinance. Review Comminee. Sincerely, No. /D -_, · -- T Professional: 19~- 1989- 1984-1988 1972-1984 1969-1971 1966--1969 1963--1966 Other Professional: 1971-1983 1981--1984 1982.-1985 1984-1986 Civic: 1966-1971 1976--1978 1978--1982 1981-1983 1982-1984 1986--1987 1989--1996 1993-1998 1996-- 1997--1998 Education: 1958--1962 1962-1963 Personal: JAMES A. CARTRAUS Scott-Macon, Ltd. Chairman Dow Financial Corporation President, CEO and Director Shearson Lehman Brethers Inc. Executive Vice President, Firmwide Commitment Committee Executive Vice President, Director of Financial Services Executive Vice President, Financial Services Division Loeb Rhoades Leasing Services Shearson Leasing Corporation Buttonwood Leasing Corporation President and CEO Bell Equipment Corporation Vice President and Director National Bank of North America Vice President and a Senior Lending Officer First National City Bank Officer, Equipment Leasing Division Trustee in Bankruptcy, U.S. District Court National Waterways Foundation, Public Director The Equipment Syndicators Association, Director Shearson Lehman Brothers Inc., Director Yale University Alumni Fund, Director United Fund of Bronxville, Vice President and Director Village of Bronxville, Zoning Board of Appeals Siwanoy Country Club, 'Vice President and Director Village of Bronxville, Trastee (elected office) Bronxville Derby AssocLafion, President and Director Village of Bronxville, Ethics Board (Chairman 1994-1996) Lawrence Hospital, Direc:or (Chairman - Finance Committee 1996-1998) Franciscan Sisters of the Poor Foundation, Inc., Director Leadership Collier Masters Class II Yale University, B.A. Economics and Political Science London School of Economics, Post Graduate Certificate Business Administration Age: 57; Separated - two children (32 & 25) Interests include: golf, upland bird shooting, wine, thoroughbred racehorses and internatioe, aI travel. Residence: 500 L'Amb/~,,ce Circle, #201, Naples, FL 34108 Telephone: Home: 941-5 ! 3- ! 324, Business: 212-755-8200 AGEN~, No. /(/. . JUN 16 t J8 Board of Cottm~s~ioncrs of Collier County 3301 Tamiami Trail Naples, Fl. 34112 A~ntion Co~n~ Commisaion~rs: I w-am to apply for membex~p on the newly authorized Ethics Ordnance Review Committee. I am uniquely qualified t~ serve on this committee because of my prior experience in implementing and a, dmlni_ctering a company wide ethics program for tlr Singer Company. As you may know, Singer was a major supplier of Elo;h'onic Systems to the govtmment until it was liquidated in 1989 following aa unfriendly lcax~-age buyout and takeover. Enclosed is aa article which I wro~c about corporate ethics programs and which was p~blished by ~ NAPLES DAILY NEWS in Sam~ry 1995. In th~ article I refer to 6 basic elements ora corporate ethics program. These elements are: I. Leadership, and support by. the company's lop marmgement team. 2. Aa independent ombudsman who reports directly to the CEO or Chairman 3. Company Ethics policies and pn:x~:lu~ which have been distn~outcd to nil employees. 4. A HOT LINE for reporting inf~,~ons and complaints directly to the Ombudsman. 5. Training programs for all empl~'ecs to explain and reinforce rd:e progream. 6. Top management continuing support ami involvement. These elements oran ethics program apply equally well to employees and clecled officials of a county, govermnent as ~hey do to a corporation iflhey are slightly cuslomized. For example: <. The program for the coun~ would rely on new and existing laws and ordnances for authority. <. The concept of the indqxndent Ombudsman should not change. Ideally the coumy Ombudsman would not be an employee of the county but rather an indipendent citizen. Th. · continuing support and reinforcement for the program would come from media coverage about passage of new ordnances and action taken against trangressors. I have enclosed a brief biography of my professiorkal and managerial experience with Booz- Allen Hamilton Management Consultants; Raytheon Co.;I T &T.; and the last 22 years of my working career with Thc Singer Co. No. /D JUN 16 J98 ,,i I am a rulltime msicient of Collier County and am available to discuss how my experience can be of help in evaluating thc neoi and sdv!_'~bility of an ethics program for Collier Cotmly. Sincer:l)r, ~66 Portsmoouuth Court Naples, Fl. 34110 941-~91-3757 May 8.1998 AGENDA ITJ[IPi~J~ ~ NO ,~ BiOGRAPII[CAL DATA lfARFtY ?. HANCOCK Prior to his retirement in 198g, Mr. Hancock was the Corporate Senior Director, Human Resources [or the Singer Co., a $2.5 billion multinational aeroapace and cort~umer-oriented company with operations In the US and In over I00 co~:rle~. In thi~ position he reported to the Chairman o[ the Boa~ with re~po~fbiilty for all aspec~ of the human re~ource~ /~ctfon. Prior to tha~ he had served as Senior DfrectoG PersonneI Operatio~ o[ Singer, re3pon~ible for management development, labdr relatio~, ~afety, EEO, executive rec'uitmen: and compensation. Prior to Joining Singer in !967, he held managerial positions on the Corporate Stall o[ ITT and Raytheon. Earlier he served as an international management consultant with Booz Allen & 11amllton. I~fr. Hancock served irt the Army Air Corps during World War II. received a BS degree from Virginia Polytechnic Institute. He. ..... AGENDA IT, EH .o._ /h. //' . - JUN 16 FJ98 ATTESTATION JV~J SUPERVISOR OF ELECTIONS COLLIER GOVERNMENT COMPLEX 3301 TAMIAMI TRAIl. EAST NAPLES. FLORIDA 34112-4~:)2 TELEPHONE: ~41~,774..8450 FAX: ~4 l't774..g468 STATE OF FLORIDA COUNTY OF COLLIER · Onthis,~. dayof. ,19..,,~. I attest that born ~ _~,~._ ~.2 , registered ~ vote in this count7 on To the best of my knowledge, this attestation, presented by the Supervisor of Elections, as the document's custodian, or her deputy, is a public record available for inspections subject to the requirements of Section 119.07(3)(k), Florida Statutes. Copying is limited by Section 98.095, Florida Statutes. Certified copies or attestations of voter registration are not available from another official source. MARY W. MORGAN S,.Ipervisor of Elections Collier.C~unty, Flodd~, (Official Seal) 7515 Pelican ~ay Blvd. Naples. FL 34108 ~ay 6, 7998 Sue Fllson, Admininstrattve Assistant Board of Collier County Commissioner~ 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: I am applying for membership on the Ethics Ordinance Review Committee, and a~a~h~d is my resume. I have been active in Pelican Bay community issues, with emphasis on both environmental and ethics issues. Having resigned, after over three years, from the Mangrove Action Group presidency, I would like to participate in moz:e countywide issues, and I believe the ethics issue i~ one where I can be particularly helpful. Your a~=i=tance will be mo~t welcome. Sincerely yours, Claire De$ilver AGENDA No._ /0 ' JUN 1 6 1998 Claire DeSilver 7515 Pelican Bay Boulevard #10A Naples, FL 34108 941/591-2115 TO: Sue Filsnn, Administrative As~istant Board of Collier County Commissioner= 3301 Tamiaml Trail East, Naples, Fla. 34132 RE: Ethics Ordinance Review Committee membership application PERSONAL: Married; Children: one son, deceased; one daughter; one grandaughter. EDUCATION: UntYersity of Iowa, University of Wi=con=in, Marymount of Manhattan, Special courses in Phllo=ophy of Law and Constitutional Law. PROFESSIONAL AND COMMUNITY ACTIVITIES: President, Greenwich Village (New York City) Homeowners Associatioo, 1965-68. Allied Member, since 1970, of ASID (American Rmc{,~y of Interior Designers), Retired. geed of my own design business from 1968 to 1988. Member of Greenwich Village (N.Y.C.) Committee to obtain Historic Landmark Statu~ for that area. 1966-67. Designation was achieved. Legal Resident of Collier County from 1979 to the present. CURRENTLY: Former President and founder of the Pelican Bay Mangrove Action Group. November 1995 - 1998. M.ember of Collier County Commtssion~ Txmothy L. ]{ancock's former Man, rove Tas~ Community Affairs Committe~ Chairman, Pe]~cam Women's Leagu~ Eupt~mber 1995 - pr,mmnt ; ............ ~ AGENDA ~TEM Christiana O£tica! Com£any SUITE tO2 NAPLES. FLORIOA 33940 2~2.4747 May 8, 1998 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Filson: I m very interested in the newly announced citizen committee that will be charged with studying the need for ethics laws in Collier County. I wish to submit the attached resume to the Collier Commissioners for their consideration. County Sincerely, · ::-'.' ~ ~ ~. ' .'~" .1 / Richard R. Gyorko's U H 1 6 1998 Christiana Optical om£anzj 700 SECOND AVENUE. NORTH SuTTE 102 NAPLES. FLORIDA 33~40 2~7-4747 Richard R. Gyorkos P.O. Box 3126 Naples, Florida 34106 (9%1) 262-4747 work (941} 455-2905 home Resident of Naples since 1971. Owner and operator of Christiana Optical Company, Lakeview Medical Plaza, 700 Second Avenue N., Naples. Served as Co-Chair for the Florida State Board of Opticianry. During this time I was Chair of the Apprentice Review Committee and the Continuing Education Committee. Other professional duties have included Past President of the Southwest Chapter of Professional Opticians of Florida, served on the Board of Directors. Served on State Committee for the Professional Opticians of Florida. Was a writer for the V-TECS Opticianry Curriculum Guide for the Florida Department of Education. A Fellow in the National ACademy of Opticians and Certified Optician Association of America. Member of Citizens Advisory Committee for Collier County Metropolitan Planning Organization 1992-1993. Also served on Citizens Postal Council in 1996-1997. Served in U.S. Army. Awarded the Bronze Star and received the Purple Heart in France. Honorable discharged in 1946. Former charter member of Sunset Rotary Club and a Paul Harris Fellow. I have a long term outlook concerning Naples because of my dealing with this community for the last two decades. I feel that your committee could benefit from this perspective. 5-10-98 S~r~ B~x~o~ RN BSN MA 7816 ~Dtive #203 N~ ~1 34109 ~o~- ~1-51~71 F~- ~1-51~81 14rs Sue Filson AdministratiVe A~sistant Board of Collier County Commissioners 3301 E. Tamia~ Trail Naples, F1 34112 Dear Mrs FilSon, Please consider this an expression of interest in a position on the ~thics Panel. I am enclosing3 a professional resume for your convenience. In addition to the resume, ! shall briefly outline other areas of personal and professional involvement. I am a full time resident of Naples, having moved here in 1995. I am employed by Naples Co~munity Hospital as a KN Research Coordinator. Specifically I study the health care issues of the Immokalee po~ula=ion and the Migrant farmers. The goal is to promote prevmntion of illness. I am a member of ]~oorings Presbyterian Church where I serve as Deacon to 1400 members. I also serve as publicity chairman of the Hyacinth Concert series. I am on the Professional Advisory Board o~ The Shelter for Women and Children. I am also a m~mber of the Collier County Coalition Against violence, participated in Alcohol Awareness Champaign in April, and was recently appoi~.ted to the Hispanic Affairs Advisory Co~ittee. It would be a pleasure and privilege to be considered for the Ethics Panel. Respectfully, Sandra Buxton No. /~./f- - JUN 1~ 19~8 SANDRA ' BUXTON a.M., B.~.lf., M.A. 1941) S l&- 2371- ~lOil'Z [9&2,) 514- 2311- J;AZ ?il& Gsrd~or D=~ve, 1203 ~ o~. SAND A BUXTON (941) 514-2371 ' ~HO~ {941} S14-23B1 ' FAX CAR~IR OBJ~I~ To obtain · ch~llenglng and rewarding poli~lon utilizing proven abi%ity and ~lll:~e~reted per~o~m~l~ce in the health care induatrY. SU~RY OF ~IFI~TIO~ Director OZ Nursing ~inlm~ration and ~i~etra~or o~ ~cofit and ~ot-for-~ofit long-tm~ f~i~%ies. ~xceptio~l strength and r~utation in turn.around ~nagement; pro~dm lemder~h~, motivation and or~iz~tion whi~ effectively increa~es Droductivl~Y a~ r~ces t~novmr. ~tablfs~e and ma~[ains ~f~h standards o~ service and resident- centered ~lieu. Initiates hol~mtic ;r~r~l including mental health to long-~l~ cite flcili%ie.. ~A~LE ACC~LI~M~S QUALITY A$$URA~CZ MOwITOR - FACILIT~S IN CRISIS- R,view systems, identify de~icl=m, d~sl~ mn4 establish Dro~dure~ rm~ir%d for correc~iwe ac=ion achieve compli~nce with federal end itate-~ndate~ gui~lines; knowledgeable in ~11 irma& o~ hemlth care l~infs~ation and H~A retirements. Provide and ensure reliant-cant%red ~D~TCR- Interface ~twman staff ~ manage~n: i~ facilities with low ~roducti~ity ~d high tu~over. ~loy principles o~ total ~nagement, o~wer ioj~im%ee ~d create a ~ l~viro~nt wh~re ase~iate~ wmnC :o ~rk and are ~oe~tively reinforced for high perfo~ance STAFF ~DU~R - Skilled and e~rieuced in develo~ing %raining curriculum. procmdurm ~uuals a~ i~lemeanin9 pr~r~s fez licensed and unlicensed associates t~t ide~ti~Y objectiveu, establish perfo~nce 1.vels and EDUCTION & CERTIPI~TZONll W~R ~I~I~, Webf~er Gr~e~, ~ ~=aduated 19~8 ~ILLH ~RSI~, Chesterfield, ~ G~uate~ 19~5 =achelo~ ~ ~lence de,rem - M~SS0~I B~ST ~O~PZT~, S~. Louis, MO Graduated 1961 PROF~SSIO~ ~FILIATION~ & HONORS Direc:orm o~ ~uxsi~ ~ni~tratiO~, Lon~-Te~ ~re - Current Who's Who in ~ricmn Nursing - 1950 =O ~ License - ~nma~, Mi&lour~, r! II I A'GEND ~TEM NO. /~ ..~ · JUN 16 1998 JUN 1 6 1998 ~nCa~ ~tac~eC~cs ~n~ or~n~ ~em~r~h~cs on ticgeced population Dece~i~e health care nee~ a~ elimi~ate ~riers to me.ice ~iai~on ~t~en targeted ~ulatAon and Naplel healthcare c~un~tY B~y ~ & ~IL~ATIOM, ~-~. F~IDA H~lONjan. 199~ - Jul. 1997 ~ammult~t/~z to Vice ~esl~mt Se~ed ia a varieCy o~ ~olea ua~= cbs a~rection o~ the WAre Presi~n~. ~e~ed al a Ca~ ~nager/Ucilisa~io~ aevie~ ~or · start-uP holpital' ~se~ S~ ~nage~ ~ Beverly Rate.rime. Teach r~lations co hospital Icaft and primciples of effective long- %e~ care ~nagement ~o new lemurs. Inter~a~ .iCh c~unicy and ~ovide referrals to Beverly ~acilities. Sa~e as a clinical a~i~or a~ conaultan~ to facilities at rick. Dat. 1994 - Dec. ConGult~t fo: long-te~ ~:e facilitie~ that re~ired management team and ~yst~ development. S~cializisg in Quality Assurance and preparation an~ c~liancm. LPN m~e~at training a~ ~ career ~~ ~l I~. DmC. 1993 - Dec. 1994 ~nmaa City, ~ Re,portable [or a ~A million a~ual buret ~n~ a mcaff of 200+ in a for-pro,it, lomg-te~ care facility wi~ 2A0 Charles, ~ Oirmc~or of provide leaderih:p and d~rection for a atari of 120 in a ~40.bed for- profit ~acility with a $2 million a~ual b~et. PA~IDE ~S Dec. 1992 - Dec. 1993 Charles, ~ ~inilCared a $3 million annual budget in a 240-~d not-for-profit retir~ C~niCy. Respooeible for Nursing A~Lniatration, Social Se~ice$, Activities, ~dicel ~ccr~ and al~ contracted semites. ;rowided LO~-TE~ ~KR ~T~ A~. 1991 - Nov. 1992 Louis, ~ In~tall~, trained and pr~idsd user ~upport for software designed au~te medical recordm in ~g-te~ care facilit~e~ nationwide. Travml~ ~0%. I~z~ ~X~IS ~ZTOa Oct. 1~90 - Aug. 1991 ~i:ored facili:iea wi:h were deemed out o~ c~liance with stare re.la,lone, ~n:il ~:anaa:ds were ree~tahli&hed. ~B~ZST~ ~Sl Oct. 1~89 -Oct. 1950 Chesterfield, ~ ~aged a mCa~f ~ 150 An a 15~-Md for-p=o~ic ~aciliCy with ram~nsibillcy for m~in~tracion o~ a $2.5 million amuual budget. '*:~ FRI31 : TIE ~;;:~S SOCI~'T~ I~ T~tese~ Pi4~E I0. : 941 4~; ~ ~. ~7 1998 ~t:4~:~ Fr~ FR~M : TI-E SPIES SOCIETY INC Thicken PHD~ NO. : EM1 z)SS -F'/38 Ma~. 2? 1998 (~4:~4PM P4 PAULICH, SLACK & WOLFF, P.A. Attorngys gt I.,mv ~OOl/OOl VIA FACSIMZLE ~7~-3602 May 11, 1998 Ms. Sue Fikson Board of County Commissioners 3301 T~mi~mi Trail East Naples, Florida 34,112 Re: Ethics Advisory Commk.~ion Dear Ms. Filson: Please forward an application fcr to-be-formed Ethics Advisory Commission to my office. Au~ch~l is my curriculum vitae for the file. Thank you. Very truly yours, CW/mes ~,C. PAULICH. SLACK & WOLFF, P.A. Cascy Wolff [x~/~~~ CASE¥ WOLFF Fax 941-261-3849 PAULICH, SLACK & WOLFF, P.A. VIA FACS~4TI,I:. 774-3602 May 11, 1998 Ms. Sue Filsor~ Board of County Co~,~issioncrs 3301 Tarniami Trail East Naples, Florida 34112 Re: E~hlcs Advisory Commission Dear Ms. Filson: Plea.so forward an application for to-be-formed Ethics Advisory Commission to my office. Attached is my curriculum vitae for thc file. Thank you. Very truly yours, PAULICH, SLACK & WOLFF, P.A. CW/mes ~ey Wolff CASEY WOLFF 941-2~1~ * F~ 941-261.3849 No._ /L).lt ' CURRICULUM VITAE OF ~CA$£Y WOLFF. F, SO. Paulich, Slack & Wolff. P.A. 801 Anchor Rode Drive., Suite 203 N~pl~, Florida 34103 TEL: (941) 261.05a4 FAX: (941) 261-2849 ,Inornev ~ ¢ountelqr ? Lea: Admitted to th, Bar:. Suprtme Court of P~nn.s'yh,~i~, 1978; Sulx~.m¢ Court of Florida, 1990, Unit---d Stai,s District Court for the Western District of Pm. utsylv~mia, 1978: Unittd States T~x Court, 1986 and United Stat~ District Court for the Middl, Distri~ of Florida. [992. PRO~z.SSIONAL dr~ of.Practice.'_ Immisrafion and immmstioaal tmr,.nacrions, ¢ommen:ial and r~idem:ial and es'm~, ¢orporat= and business practice. Slack & ~olff. ?.ti,, Napl~s. F~dda: .run, I993 - P~en~ Sharahold~r. per~n firm pro~idiag a ~I complement of legal scrvic=s. l~'iili:,, l~l.~on & t~ue.~l, N~ies. Florida. Nov. 1.992-May 1993; ofcotm.~l. Four pm-son firm practicin$ in m of c. ommeamial and re:sideatial ,-mi est~,- c~ri~raricms. ,sxaxa planaiag, pmbaxe and ~vil litigarioru and taw firm IX"a~¢ing ia ~e arms of :.ammO'mai aaa ,"~si~ rml ~s'aaxa. ~cr=r~ a-~ma~on~ business or~miz~cr~ immiD'x~cu anct :?vii ii=~6om '~,tle [rtr'arm,tc... Agewr: Al;l~mey. s' Title [n.vat-an~ Fmad. [nc. A_m~..c.::n Arein'a,qOn .4.rsoc'~..anOn: Mambo. Pa-e! of ,~SS~ [.DUCAT'ION: fiD. University of Pi'ttslxu,gh, $~ooi of L~v, Pi=sbursN PA, ~ Princt'~.on Univm'siD,, Princeton, N.J, Biology, I970. 978. AGEN I,TE No.~ JUN 1 6 1998 Pg. ,~ . AG£ N~ J~T£H No._ /u,. ' JUN 16 1998 L~w OfficEs 1998 [~W~RD K. WOLLM~N & ~SSOCI~TE~. ~. ~- May 12, 1998 Ms. Sue Filson Administrative Assistant Board of County Commissioners 330I Tamiami Tr. E Naples. Fl. 34112 Re: ad hoc Ethics Ordinance Review Committee Dear Count,,' Commissioners I would like to submit my name for consideration for the opening on the ad hoc Ethics Ordinance Re,,iew Committee I am an attorney/partner v, ith Vesa. Stanley. Zelman and Hanlon. PA. and have been practicing la,x for over 15 .,,'ears I am experienced in reviev, ing statutoD' law. dissecting the la,.,.'. and on the specifics of ho',,, ethic complaints and committees work. While practicing la,.',' in Michi_~an. I sat on the Anornev Disciplinary Board for several years. Our job was to determine x,.hether an attorney had breached the ethic requirements as set forth by the Michigan Supreme Court. I am currently the president ofthe Women's Political Caucus. and the past president of the Collier County Women's Bar Association. I would be honored to sit on this ad hoc committee, l enclose a resume for your perusal. Sincerely, Sharon M. Hanlon encl; resume 1998 SHARON M. HANLON PERSONAL DATA: Marital: David B. Rawlings, Ph.D. Children: three: 2 daughters and a son Place of birth: Minnesota EDUCATION: Colleae of St. Catherine - St. Paul,Minnesota, B,A. Centr"al Michigan University- Mt. Pleasant, Michigan, M.A Thomas M. Cooley Law School - Lansing, Michigan, J.D. LEGAL EMPLOYMENT: VEG,.-M STANLEY, ZELM,~N AND HAN'LON, P.A. Naples, Florida 1992- to date Practice: Plaintiffs personal inju~', trial attorney William G. Reamon Law Office Grand Rapids, Michigan 1982-1992 Practice: Plaintiffs personal injury LEGAL ORGANIZATIONS Florida Bar Association Michigan Bar Association American Bar Association The Academy of Florida Trial Lawyers Collier County Women's Bar Association - founding president, 1993-1995 Collier County Trial Lawyer's Sec'lion, member, and Treasurer 1997-1998 Quality of Life / Stress Management - Florida Bar Association committee member 1995-1997 Inns of Court, Collier County - 1998-1999 AGENO$~r~ ~t£M JUN 15 1998 OTHER ORGANIZATIONS Women's Political Caucus - Collier County - board member 1995-1997, President 1995 Sponsor - Ft. Myers I Naples Town Hall Series, 1998-1999 Gulf Coast High School Advisory Committee, 1997-1998 Citizen's Advisory Committee for North Naples Fire Control and Rescue District, 199'/ Emergency Medical Services Advisory Committee, Collier County, board member, 1995-199'/ Economic Development Co~oration - Economic Foundation Committee, 199%1998 Collier County Guardian ad Litem Advisory Committee, 1995-1996 Women and Children's Steering Committee, Naples Community Hospital, 1996 The Hofida Head Injury Association PIg~ 1 c~ t PRESS RELEASE. FOR IMMEDIATE RELEASE N£~Y 6, 1998 The Collier County. Board of Commissioners is seeking applications for positions on a newly created ad hoc advisor?' committee. While convened in regular session on May 5, 1998 the Board of County Commissioners voted to create a 5 member ad hoc Ethics Ordinance Review Committee. The committee will be charged with reviewing with the State Statues concerning ethics as a basis to determine if the bar could and should be raised in a local ordinance. They will especially be focusing on some process that would speed up the time in which a complaint could be handled; providing some penalties on a local basis that may be in addition to existing State Statutes; and, will put some, at least minimal, burden of proof on the complainant to ensure that there must be some basis to file a complaint. Members of advisory committees must be residents and electors of Collier County., and are subject to the Florida Government in the Sunshine Law. Residents interested in applying for the advisoD' committee positions are requested to submit a letter and brief resume to the attention of M. rs. Sue Filsort, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112 or FA.X to '774-3602. The deadline for acceptance &resumes is MAY 29, 1998. - AGENDA. IT!EM No. I0. ,4 .._ JUN 16 1998 I 1609 NIGHT HERON DR. NAPLES, FL. 34119 TO: SUE F1L.80N FROM: FRANK HOLLAND FAX: 941-77~2 PHONE NO. t-94t-4.15-1191 [OFFICE"I~ OR ~10,IS [HOME"J FAX NO: t.~41.&6~.79a~ MOBILE NO. PAGES: 2 NOTES: SUE PLEASE PROCE88 THIS APPUCAI'ION. PLEASE FORWARD CONFIR'~ATION OF RECEIP'r. THANKS! FRANK HOLI_I~~ ~X: ~41 THE HOLLAND GROUP, INC. May 12, 1998 C~ier County CommbJion Government Compk'z Dear Sirs: INcase accept this letter as my application for membership on the Ethics Committee. I have been a rmideut of Collier County since 1973. My children attended and ~raduated from public schoob. ! have ~erved on ~.over~mental committeea in the past. I nerved Collier County Fublic Schoob as A~aociate Superintendent of Business Affairs from 1973 to 1981; Barrou CoBier Company !rom 1982 to 94 a~ Pre~d.~ ent and Chief F~xecutive Officer of co....,, no,p ! ,, c,,,,' PSl ted NCH Laboratories from 1994 to 199~ and presently own rna .manage i ne uouana Group, Inc. a management coaaulflnl, iavmtmeut and reel emte firm ,n Naples: I have.a. detree in Industrial Manasemeat from Georlja Institute of Technoloty. I have peen acttve ia church and community rervlce ~ace 1973. Thank you for your eoaaidevation. Sincerely, -- AGENDk .o._ /0.,~''- JUN 16 1998 May. I~ 1995 Mrs. Su~ Filsc~ Administrafiv~ Assistani Board of County Commissioners 3301 E. Tamiami Trail Napl~, Florida 34112 Pl¢~s¢ advise fl~c Board ofmy imprest in serving as a mcmlx't or,he Etkics Ordinance R~ Comminee. For your information and for Ibc information of thc Board, I am enclosing a rcsumc of my baciq~'ound ired CXl:~'rk'ncc. If you or any of the Board Members are desirous of any additional information, please let me know and I will be pleased ~o furnhh it Thank you. Sincerely ./j._. Dr. Nc'no AGENDA [,TEM JUN 1 6 1998 , BIOGRAPHICAL KESUME Dr. Neno J. Spagna DATE OF BIKTH: September 12, 1924 near Whc¢l,-r, Indiana. MAR~AL ~ATUS: Married, two child.ten. EDUCATION: Doctor of PubUc Administration, Nova University, July 1977. A.S. d~gree in Urban Mm-xagement and Administration, Manatee Junior Coll~ge (Manatee Community College), May 1975. (Gr~_~t~d Summa Cum Lau~e, class rank of 5 out of 335 graduatin~ smdznt~). Mastra degree in Urban and Regional Planning, Univ~-~idad del Valle, Call, Colombia, S.A., June 1966 (~tion of American States Scholar). M.S. in Geol~raphy, Univ. of Tennessee, March 1954 B.A. in Biology, Univ. of Nfiami, Coral Gables, Fla., February 1951. Grades 9 thru 12, Valparaiso H.S., Valparaiso, Indiana. Grade 8, St. Pauls Parochial School Valparaiso, Indiana. Grades 1 thru 7, Wheekr H.S., Wheeler, Indiana.[3 EMPLOYMENT RECORD: Sept~nbet 1979 to present - Presider, Florida Urb~a~ Institute, Inc., consulting firm in urbaa and re,Jotul ptarming Octobe~ 19T3 to S~pternber 1979 - Community Development Administrator, Colli~r County, Fla. January 1966 to October 19~ - Plaru-ing Director, Manatee County Planning Depar'anent. April 19~ to May 196-l- Planni~ IXrector, Cily of HoIlywood, Fla. /uric, July, August 1965 - Planning lnm-nship, Cali Planning De, partment, Cali, Colombia S.A. July 195,1 to April 19.56 - Planning Technician, City of San Bemardino, Calif. January 1953 to March 195a - Planning DraYman, Tennessee State Planning Commission. July 1952 to March 195,1 - Planm~,g Technician, Chattanooga (Tenn.) Housing Authority. ACTIVES: Volunteer worker, Naples City Pla-ming Department Current Member and Chairman of the Collier County Water and Waslewater Authority Past MembeT and Chairman of the Collier County Airpo~ Authority Past Member CoIlie~ Courtly Fair Boar& Past Member Collier County Citizens Advisoo, Commitlee, Eval~tion and Review Commiltee, Co~ier County Growth Management Platt, served a.s chairman of the Hou,~ing Trustee, Intc-mational Cortege Foundation, Lac., p~st Chairman, trite'national Conege Advisory Board, current Secretary, International College Adviso~ Board and Orgardz~ and founder, Naples-~tional ColLie Rowing Club. State certified Guardian Ad Litem fmactive at this time). JUN 16 1998 Pa.~t Pr~idem, Saint V~ncent Depaul Soci¢~/, Naples Cou~c~ Past Chairma~ Golden Gate Fire ConSol and Rescue Di~ict. P~st Membe~ Golden Gate Architectural Review Board. RECOGNITIONS AND AWARDS: NACO, Outstanding Achievement Award for implementing the first "Transfer of Development Rights' program in Florida. Service Award of the Govemoes Advisory Committee for the handicapped. Certificate of Award by the Manatee Conservation Council. Certificate of Appreeiation from the City ofBradenton Beac~ Fla. Community Leader of the Month 5om Radio Station WTRL, Bradentort, Fla. Meritorious Service Award from the Manatee County Board of Cotmty Commissioners. Outstanding Service Award by the Izaak Walton League of America, Manatee Cotmty Chapter. National Association of Counties Outstanding Achievement Award for designing "Project Speak-up* citizens pa~eipafion radio program in pr~paration of the first Manatee County Comprehensive Plan. Author of ~he Manatee County Optimum Population and Urban Growth (OPUG') Plan: Precursor ofthe Florida State Comprehensive Plan Act. Outstanding Service Award by the C~ty of Hollywood Plarm~,g and Zoning Board. ~tion ofAmerica~ St~_t_~_ Scholarship ~ ~b~n and rexona1 planllillg in the Universidad del Valle, C~ Colombia SunJor Chamber of Commerce Certificate of Appreciation for promoting commurfity development throughout Florida by (bamston'n~) tl-u-oughout South Florida. Invited to the 1960 White Hoarse Con/*erence on Children and Youth by President E)w~t D. Eisenhower. Served ~s Work C~oup Leader and presented rec. olution recommending the creation ora national d~partment of t~rba,n afl'~rs which eventually led to Lhe establiskment oft, he U.S. Department of Houshng and Urban Development. cham'n~ of the Browa. rd County League o£ M~lnicipalities Study Committee which prepared the Browazd County Area Plazll'IJ~ Board legislative bill. Later was named coordinator by the Legislative Delegal~orl to supervise t~e J~'fitial orgaJlizafion oft, he A~ea Plarm~ Board and i~ta/1 its fl/st oPHcers. MILITARY SERVICE: ~une 1943 to June 19~ - Served ~s Bomba~iier/Navigator/Radar Observer in U.S. Army ALt Corps. Honorable Disch,~ge as Flight Of~,;~. Ty 3~ I0d'~ .~,ve. N;V N~ple~, FL :34120 phone 941-455-8400 fax 941-455-43 I0 · -rn~! tagoston~ol.com Sue FiI~on, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail ~ Naples, FL 34112 Dear Ma. Filson, A~a. che~, pleaae find my reaume ~ an applicam to be a member of'the Collier County Ethics Commltte~. I al~reciate your consideration. Sincerely, Ty A&oston AGENDA ITEM .o. JUN 16 Igg8' TIBOR AGOSTON 7 Horseneck Rd., Montville, NJ 07045 · (201) 227-2843 360 10th Avenue NW., Naples, Florida 3396~ . (813) 455-8400 EXPERIENCE 1988 - Present 1979-1988 1969 -1979 1965 -1969 1960- 196~ PURCHASING/MERCHANDISING MANAGEMENT Grocery Merchandber Develop weekly advertising programs for grocery department Develop special advertising pro,'ams Present special progra, ma to t, emor management Buyer. Merchandiser Develop r, aJes prograrr~ Maintain ads-priceHchedules Address scroLls.rs on saies and merchandising Responsible for gross profit margins Develop sales forecasts and programs Make aales and product pre~ntations to management Grocery Buyer National retail chaLn in Metro NY-NJ area Res~:msible for 4.5 mil. inventory management Evadaa~e new items proposals Determine advertising and promotion effectiveness Implement space management programs Owner-Operator Totowa Spa, Paterson, New 3ersey Wholesale/Retail toys-sundries-confectioneries Sales Representative Representaled plush to)' manufacturers to Northern NJ' retail a. nd whoIesa/e trade EDUCATION 1966 - 1973 I973. 1975 1976 PERSONAL Rutgers, The State Urdversity BS Degree, June, 1973 Marketing btajor Rutgers Graduate Schoc! of Business MBA 12~gree, December, 1973 Marketing Management Major IBM Chica_go, Illinois Computer Controlleg Inventory Systems Maintainance SYStems-Design-Development Height: 5"10" Weight: 175 lbs. Health: Excellent Residence: Homeowner Hobbies: Kiwanis Intemationnl Tennis-Swimming-Soccer Soccer Coach Boed of Directors, Montville Soccer As,~.ochtion AGENDA~x ~T~II~ JIM N. COLETTA JR. · t60 17thAV'E, SW GOLDEN GATE, FL 34117 fax (941)-4~5-1597 / home {941)-455-7882 / work(941)-4~5-4117 FAX COVER SHEET TO: MESSAGE: Numbcr of pages ~nt including cover shect; If you do not r~cafive all ofthe peges, please call back immexliatcly. AGENDA ITEM No. /~.~. JUN 16 ~g8 JAMES N. COLETTA JR. 3460 17TH AVE. SW GOLDEN GATE, FL. 34117 (941) 455-4117 / ~c (~l) 455-78[2 / fax (94 l) 455- I597 Mry 2~, 1998 Dear Commissioner Barbara Berry: i wish to apply for the advertised posith~n om the count}, citizen's panel to study e~hJcs for elected of~clals. I have lived and been an elector in distHc~ ~S for the pas~ 14 years and have owned and c, pernted my buslnett GoMen Gate Rent-AH in dls~rfe~ #3 (Golden Gate City) for the past tblrte~n years. As the ehair'per~n of the Golden Gate Master Plan I became familiar with count)' government and have a good understanding of the count), government. My extenslye back, round in business and construction accompanied by 14 years of clyde and community fnvotvement should make me a viable t'andldate for this panel oJeffa Jr. OB3'ECTIVE: To appoint 3 members to serve 3 year terms, expiring on June 30, 2001, on the Contractors Licensing Board (CLB). CONSIDERATIONS: The Contractors Licensing Board has 3 terms expiring on June 30, 1998, in the category of Residential Contractor, Engineer, and Specialty Contractor. This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master or journeyman should be disciplined. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the Board of County Commissioners by the Naples City Council. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following $ interested citizens: APPLICANT_ CATEGORY DIST ELECTOR ~DV. COMM. Arthur F. Schoenfuss - re-appt Michael Pedone - re-appt. Daniel Gonzalez - re-appt. Will/am T. Lewis James T. Dean, Jr. EngineerNg 4 yes CLB Insulation Contractor I yes CLB & CCPC Residential Contractor 4 yes CLB General Contractor 4 yes Code Enf South Landscape & Sprinkler Contractor 4 yes none COMMITTEE RECOMMENDATION: This is a qu~i-judicial board; recommendations not accepted. NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) ofthe same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Michael Pedone has served on th/s board since 1991 (2 full terms .md a 1 year term). Should the Board wish to re- appoint Mr. Pedone, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the applicants requesting appointment; appoint 3 members; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of Count)' Commissioners - JUNE 16, 1998 JUN 1 6 1998 COMMffN'ITY DEVELOPMENT ENVIRONMENTAL SERVICE,S.D.. ~I~S~ON ~ BUILDING REVIEW AND PERbllITING DEPARTMENT o o, ~o~', ~:, ....... M E M O R AN D U M DATE: TO: FROM: June 2, 1998 Sue Filson, Administrative Assistant Board of County. Commissioners Ed Perico, Director ~__~ Building Review and Permitting Department Contractors Licensing Board I have reviewed the resumes for the Contractors Licensing Board and listed the specific categories the,,,' are qualified for. They are as follows: Arthur F. Schoenfuss 5110 Seashell Avenue Naples. FL 34103 Engineering Michael Pedone 5174 Mabr2:' Drive Naples. FL 34112 Insulation ConTractor Daniel Gonzalez '745 12th Avenue South. Suite AA Naples, FL 34102 Residential Contractor William T. Lev,'is 3416 Caloosa Street Naples, FL 34112 State Certified General Contractor James T. Dean. Jr. 1320 28th Avenue North Naples, FL 34103 Landscape and Sprinkler Contractor If I can be of further assistance please do not hesitate to contact me at 403-2442. JUN 16 1998 Contractors Licensing S~me Work Phone Appt'd Home Phone DateRe-appt 643-1616 06/I 1/96 Les Dickson 202 Monterey Drive Naples, FL 34119 District: 3 Category: Roofing Contractor Thomas A. Megger 4920 Molokai Drive Naples, FL 34112 District: 1 Category: Electrical Contractor Humbert Gressani 3225 Duchess Drive Naples, FL 34112 District: I Category: General Contractor Richard E. Joslin, Jr. 595 13th Street, N.W. Naples, FL 34117 District: 5 Board Exp. Date 2ndExpDate 06/30/99 7324656 07/22/97 06/30/00 01/04,/94 06/30/96 775-5881 6/11,/96 06/30/99 455-5000 06/11/96 06/30/97 7/22/97 06/30/00 Category: Licensed Commercial Pool/Spa Contr 04/18/95 06/30/97 2624565 7/22/97 06/30./00 Robert P. Meister 22 4th Avenue South Naples. FL 34102 District: 4 Category: General Contractor Daniel Gonzalez 2654 Poinciana Drive Naples, FL 34114 District: 4 Category: Residential Contractor Arthur F. Schoenfuss 5110 Seashell Avenue Naples, FL 34103 District: 4 Category: Engineer 4344696 I 1/07/95 06,'30/98 597-7544 06/13/95 649-6345 06/30/98 ~rm 2nd Term 3 Yews 3 Years 3 Ye~s 3 Ye~s 1Ye~ 4 Ye~s Years Years 3 Years 3 Yews Thursd~'. August 14, 1997 Page ! of 2 Contractors Licensing Board Gary F. Hayes 1475 Curlew Avenue Naples, FL 34102 District: 2 Categoo,: Specialty Contractor/Plumbing Michael Pedone 5174 Mabry Drive Naples, FL 34112 District: 1 Category: Specialty Contractor Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 6,I3-2431 09/26/95 06/30/96 -1 Year 6/I 1/96 06/30/99 3 Years 77,t-3343 07/23/91 06130/92 I Year 775-1158 6113/95 06/30/98 3 Years This 9 member board was created by Ord. No. 78-2.85-42. 90-105, 92-61 to determine the qualifications of applicants for the various cateaories cf the Contractors' Certificates cf Competency. They also hold hearings to determine if a certificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Term5 are 3 years. This is a Quasi Judicial Bo~:d. Staff: .¸'0 Thur~da).. Augu'$t 14, 1997 Page 2 of 2 JUN 16 1998 Pg' / MEMORANDUM 98 H~¥ 28 F~ 3:0.'3 DATE: TO: FROM: May 27, 1998 Vi.nell Hills, Elections Office d. Sue Filson, Administrative Assistan. t//. ' 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 advisor3' 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. CONTRACTOR'S LICENSINO BOARD CO.MMISSION DIST~¢T James T. Dean..Ir. 1320 28th Avenue North Naples. FL 34103 Daniel Gonzalez 745 12th Avenue South, Suite AA Naples. FL 34102 Michael Pedone 5174 Mabw Drive I,,£z) Naples. FL 34112 Arthur F. Schoenfuss 51 I0 Seashell Avenue Naples, FL 34103 d William T. Lewis 3416 Caloosa Street Naples, FL 34112 Thank you for your help. AGENDA ITDt JUN 16 1998 MEMORANDU]q DATE: TO: FROM: May 27, 1998 Ed Perico, Building Review & Permini~irector Sue Filson, Administrative Assista(af/f 'q ' Board of County Commissioners ,"""'- Contractors Licensing Board As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: James T. Dean, Jr. 1320 28th Avenue North Naples, FL 34103 Daniel Gonzalez 745 12th Avenue South, Suite AA Naples, FL 34102 Michael Pedone 5174 Mabry Drive Naples, FL 34112 Arthur F. Schoenfuss 5110 Seashell Avenue Naples, FL 34103 William T. Lewis 3416 Caloosa Street Naples, FL 34112 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. Ifyou have any questions, plea.se call me at 774-8097. Thank you for your attention to this matter. SF Attachments Pg. (~ - From: Date: Pages: Ms Sue Fllson 774-3602 James T. Dean May21, 1998 3, including cover sheet. Ms Filson: Please include my resume with those that are applying for The Contractors Lice~ing Board, for Ihe terms expiring June 30, 1998. Thank you very much, James T. Dean From the desk of... James T. Dean Owner/Operator R~hards SprJnlder Se~ce POB 8655 Naples, F'io6d& 34101 Pq~er 591-7229 ~:~x: Phone/~,~X 94 t -643-5233 AGENDA JUN 1 6 19~8 RESUME' JAMES T. DF. AN JR. 1320 2$th Avenue North Naples, Florida 34103 941-643~233 ) ~,~ a dm'~ eye for &oil. whik~ maintaining Iht ~;~ ~.. I ~ ~I ~. l ~ ~, w~ s pmf~l ~ a~i~c. to ~-Emp~y~, ~cr/~erator of~ i~Xat~n ~pany, 191~7 1993 ~ ofNapkn, Naplg., Florida - Supervisor Pat~ & Parkways 1978 1986 Halliburton Services, Duncan~ Oklaboma - Mar/ne Service Operator ~tiv~ an aite f~ I-I~llibuct~m ,'~'vico~, servi¢iaS oil ~ ~~ ~ ~ ~ ~ ~ ~: ba~c ~n~' ~m~g, sand ~nlml, blow o~1~ high pm~ pumping (20,~ p~}, ~d ~pump ~n~ts ~d p~ f~ wells up Io and ~clu~g 18,~ f~ ~ d~. 1973 1978 1973 Landscape MaJnte, nanct/1rrtgaflon Company; Marco Island, Florida l'~bli4~d and &velopod this oompaay in 197.1. 'Ibc soope ofll~ oompaa,/was ornam~,l landscape &.nign; inslallatJon, sarvjc, e snd rupair of tm'f irrigttioh ~yslernn; ~ maintenance. Ualt~d States Army - Captain, Field Artillery AGENDA ITLSt so. JUN 1 6 1998 pg. AGENDA I T,~E M .o._/QKA JUN 1 G 1998 pg. ~)' .... . · PRECISION BUILDERS OF NAPLES,-* INC: 'J" '"..*- ,~. New Construction * Remodeling · Additions ...... .. -. - '~1'censed Bonded :{C 042411 ' Insured May 19, 1998 Sue Filson, Administrative Assistant Board of Collier County Commissioners Collier County Courthouse 330I East Tamiami Trail Naples, FL 33962-4977 Re: Collier County Contractors Licensino Board Dear Ms. Filson: Thank you for your letter dated April 27, 1998, regarding my term of office which expires on June 30, 1998. I am writing to inform you that I have truly enjoyed my participation on the board and wish to be considered for another term on the Collier County Contractors Licensing Board. Now that I have served on the board, I have accumulated a great deal of knowledge and experience and feel this will make me a more effective member of the board if I am re-appointed to serve. Please find enclosed an u~lated resume for your review. Sincerely, Daniel Go~ DG/cb Enclosure 1998 745 12th Ave. South · Suite AA. Naples, FL 33940 · (941) 434-8696 PROFESSIONAL DANIEL GONZA?,FZ 745 12th Avenue South, Suite AA Naples, Florida 34102 (941) 434-8696 Past Construction Industry Licensing Board Examination for State Certified Resi~ential Contractor: No. CRC 042 411 July, 1986: Presently Current Formed Precision Builders of Naples, Inc. October, 1936 Licensed in Collier County, Florida Coral Gables High School Graduate Coral Gables, Florida - 1976 Attended General Motors Sales College 1979 - Certificate of Completion: Sales Master Graduated Ft. Myers Construction School 1985 - Certificate of Completion CONSTRUCTION Superintendent, J. C. Garcell, General Contractor Miami, Florida January, 1980 thru March, 1986 Residential Contractor and Owner, Precision Builders July, 1986 to present Participated in rebuilding of 22 single family homes in Dade County after Hurricane Andrew Specializes in remodeling and additions of existing homes and the construction of luxury, single family homes PRE-CONSTRUCTION Don Allen Chevrolet, Sales: 1977 and 1979 Born: February, 1958, Chicago, Illinois Hobbies: Boating and more boating Married to Diane M. Gonzalez, Local Attorney and father to Danny, age 15, and Amanda, age 9 Commendations and references available upon request No.._/5-'"-' - 1 6 1998 Michael Pedone 5174 Mabry Drive Naples, FL 34112 Sue Filson, Administrative Assistant Board of' County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Subject: Contractor Licensing Board Dear Mrs. Filson: Please accept this letter as my request to be considered for reappointment to another term on the Contractors Licensing Board. in the Specialty Trade Category. S incerely?~/~ Michael Pedone AGEN ~'o. Michael Pedone 5174 Mabry Drive Naples, FL 34112 Home Phone ' 775-1158 Business Phone · 774-3343 EDUCATION: EXPERIENCE: 1986 - Present 1985 -1986 1978 -1985 AFFILIATIONS: May 11,1998 Brooklyn Preparatory High School - Academic Diplo..q~a St. Johns University Queens College ( CUNY ) - Pre Engineering Courses Fire Stop Systems Inc. · Vice President - a specialty contracting firm for the Installation of spray fire proofing fire sating, penetration fn'e barrier and mechanical insulation. Quality Automotive and Diagnostic Center ' Assisted in organization and setup of business and provided management experience. Statewide Mechanical Insulations Inc. President - a specialty contracting firm for the installation of mechanical pipe and duc~ insulation. Former D!rector Long Island Insulation Contractors Assoc. Past Director East Naples Rotary Club Rotarian ofthe Year - 1981 Past Vice President and Director - American Subcontractor Association Collier Chapter. CBIA - Govt. Affairs Committee CBIA - Trades Committee Naples Players Past Grand Knight - Knights of'Columbus - Naples Collier Couaty Code Enforcement Board - Past Chairman Collier County Contractors Licensing Board President - Crown Point East Homeowners Assoc. President - Crown Point Community Assoc. Collier County Planning Commission Coalition of Home Owners Assoc. - East Naples Presidents Council East Naples Civic Assoc. AGENDA 1TEM .o. /O.'t? JUN 1 6 1998 PIELICAN £NGIN££RING CONSULTANTS, INC; 5811 PELICAN BAY BLVD., SUITE 301 NAPLES, FLORIDA 34108 ..... : .'- -- FLORIDA PROFESSIONAL ENGINEERING RE(; EB-5823 PHONE: (941) 597-7544 FAX; (941) 597-6363 May 4, 1998 Mrs. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3::~01 East Tamiami Trail Naples, Flodda 34112-4977 Subject: Contractors Licensing Board Dear Mrs. Filson: Thank you for your letter of Al:HI 27~h advising me that my term as the engineer member on the Collier County Contractors Licensing Board expires June 30;h. I shall be pleased if I am reappointed, and should be honored to continue my service in this capacity to Collier County for another term. A resume is attached. Cordially yours. Arthur F. Schoenfuss, P.E. AFS/wk Enclosure (AS805042) AGENDA No. lQ JUN 1.6 1998 Arthur F. Schoenfuss RESUME MAY, 1998 Proped~y owner in Collier County since 1968 Permanent resident and elect~ in City of Naples since 1986 Registered Professional Engineer, Florida # PE37451. (Also licensed in five other states) State Certified Unlimited Electrical Contractor, Florida # EC0000804 President, Pelican Electrical Contractors, Inc., 1986- 1990 President, Pelican Engineering Consultants, Inc., 1990- Present Member Collier Building Industries Association, Electrical Council of Florida, Florida Engineering Society, National Society of Professional Engineers, other professional societies Consultant to Florida Department of Business and Professional Regulation for the writing and review of examinations for the State Electrical Contractors Licensing Board Appointed member, Collier County Contractors Licensing Board, June 1995 - June 1998 t998 NAPLES B.~¥ CONSTRUCTION, INC. Pl~oae g4'f.732-8700 Pax 941-774-4~5~ SEND TO Campe~y name FAX COVER SHEET RECEIVED NAR 16 1998 ~caro of CounR/ Cormiss~one.,.s Wliem T. ~ . JIJN t 6 1998 Mzrc~ !4, ~ ~ Bo,z/ofCo~y Commi~mers Delr ~4~ F~ m bod~ the Co[~ Coum7 C~g E,~o~ ~ - Soud~ uxl the ColT)ct ~ Coaa'~'?_or ~ ~'-...~* P---view Board. C~: BCC~I¢ · ' ~I~, ~ Corutrscn~ ~t I~.,uo,,a~e ~" AGENDA ITEN No.__~ JUN 16 1998 W~lHam T. Lcwis . W*dlie.m Lcw~s started b~s l~f~oual carcc~ ~n 1977 as · ~ carpcntcz subconu'acwr after fiuhhLug an cx~ ~ apprc~cc~p school a~ tegisrct~ jo~ ca.-peter smu~ i~ d~e Smc offlod4- Continuing as a carpenter forc'm~n for one of the la:ir'st gcneral e,,orllra~or~ in Naples, Bill advanced through the company to manaicmc"t level on large commercial projects. He also led thc Tenani Improvement Division of the c, ompa~ thro,~ various commercial d~velolxnent ~ to ach{eve design tenant s~cc. His knowled~ of wodo'ng with ow:mrs m provic~ their spat requirements yielded a dive~fied hands-on Expaaaing bis borizor=, Bill accepted a position as senior project mamip~r and eventually gc~cral manager with another construction industry 16ader. With his direction this frm was rc~-po~m'blc fo~ most of thc ncw co~ction a=d facilities rc~ovado~ for ~ Ba~ of Naples. Bill's mo~ rcccut sccomplhhments includc numerous proj~s/'or Collim' County Govcmmem and Collim' County Public Schools. Other notable proje~'a hx:lud~ li~ Gulf Coast N~onal Bank on Piac Ridge Road, Fuller Ftmeml Home and Ibc Collier County Medical Examioers Fmlity. - F'L UC. tC, GC O40113 3J,~6 ~ Strael* Naples, Flo~ 34112 OB~CTIVE: To appoint three m~mbers to serve 4 year terms, expiring on June 15, 2002, on the Collier County Health Facilities Authority. CONSIDERATIONS: The Board of County Commissioner~ pursuant to the authority of Chapter 154, Part III of the Florida Statutes, created the Collier County Health Facilities Authority in 1979. The authority is composed of five members who are appointed by the Board and serve four-year terms. The Authority's jurisdiction is limited to assisting qualifying health care facilities with tax-exempt financing. There are currently three vacancies on the Authority as a result of the expiration of terms. A press release was issued advising of two vacancies, since the Cotraty Health Director has traditionally been a member of the Authority, and the current Director has not been formally appointed. As a result of the press release resumes were received from the following individuals: APPLICANT PI[ST ELE~OR ADV. COMM. Sandra Buxton 3 yes Hispanic Affairs Mike Davis 3 yes CCPC Robert Peacock 2 yes If the Board desires to continue the tradition of having the Health Director as a member of the Authority, then two of the above applicants should be chosen, with the third appointment going to Dr. Charles Konigsberg, the Health Director. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE .RECOMMENDATION: That the Board of County Commissioners consider the request and appoint three members to the Collier County Health Facilities Authority and to execute a resolution confirming the appointments. Prepared By: Donald A. Pickworth Agenda Date: JUNE 16, 1998 L JUN 1 6 1998 DATE: TO: FROM: MEMORANDUM May 29, 1998 V[nell Hills, Elections Office Sue Filson, Administrative Assi 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 authoritys. 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 COMMISSION DISTRICT Robert V. Peacock 2149 Pinewoods Circle Naples, FL 34105 Mike Davis 6120 18th Avenue, S.W. Naples, FL 34116 Sandra Buxton 7816 Gardner Drive, #203 Naples. FL 34109 Thank you for your help. JUN 1 6 1698 F.S. 1995 PUBLIC HEALTH FACILITIES Ch. 154 (10) 'PrOleCt' means any structure, facility, machin- ery, equipment, or other property suitable for use by a health lacility ~n Connection w~th its operahons or pro- posed operahons, including, without lim~lation, real property Iherofor; a chntc, computer lac~hty, dining hall, lirefighting lacility, hre prevention facility, food service and preparation fac~hty, health care facihty, long-term care facility, hospital, interns' residence, laboratory, laundry, maintenance facility, nurses' residence, nursing home, nursing school, ofhce, park,rig area, pharmacy, recreational facility, research facility', storage facility, u;il- fly, or X-ray facility, ch- any combination of the Ioregoing; and other structures or facilities rela~ed thereto or required or useful for health care purposes, the conduct- lng of research, or the operahon of a health facility. including facihlies or structures essential or convenient for the orderly conduct of such health fac~hty and other similar items necessary or convenient for the operation of a parhcular facility or structure ~n the manner for which its use is intended. 'Project' shall not include such items as fuel, supplies, or other items which are customarily deemed to result in a current operalmg charge. (11) 'Real property' ~ncludes all lands, including bu~lCl- trigs, structures, improvements, and fixtures thereon; any property of any nature appurtenant thereto or used in connechon therewith; and every estate, interest, and right, legal or equitable, lherein, including any such interest for a term ol years. l.~s.t,o,e/.--~ 3 c~ 74.3~.s s 1 cn ??-455 s ~ cr~ /8-~", ~ 1 ch P/%13 s 154.207 Creation of health facilities authorities.- (1) In each local agency there may be created a pub hc body co¢porale and pohhc to be known as the" ,~, ~ Heallh F'acdmes Authority' Each of authormes shall be const~luted as a public instrumental. ~[y. and the exercise by an aulhonty of lhe powers cOn- lerred by lhts part shall be deemed and held to be the performance of an essential pubhc funchon. Each of au{hormes shall nol transact any bus,ness or exercise any power hereunder unhl and unless the governing body of the local agency by proper ordinance or resolu- hon shall declare fha[ there ~s a need for an authonty to funcl~on tn such local agency The determ~nahon as to whelher there ts such need lot an aulhority to funchon: (a) May be made by lhe governing body on tls own mot,on. (b) May be made by the governing body upon the f,I. ingot a pehtion s~gned by 25 residents of the local agency asserting that lhere is need for an authority to lunction in such local agency and requeshng that the governing body so declare. (2) The governing body may abohsh Ihe authority at any time by ordinance or resoluhon However. the aulhorily shall not be abohshed until such time as all bonded indebtedness incurred pursuanl to this part has been pa~d. (3) In any suit, aclton, or proceeding involvtng the vahd~ty or enforcement of, or relating to. any contract of lhe authority, the authority shall be conclusively deemed to have been estabhshed 'and authorized to transacl business and exercise its powers hereunder by adop- hon of an ordinance or resolution by the governing body 1119 declaring the need for the authority. Such ord,nance or resolution shall be sufficient if it declares that there ,s such a need for an author,fy tn the local agency A copy of such ordinance or resoluhon duly certified by the clerk shall be admtsstble tn evidence in any surf. achor~. (:x pro ceeding (4) The governing body ol the local agency shall designate five persons who are residents of Ihe local agency as members of the authority created for said local agency. Of the members first appointed, one shall serve for 1 year, one for 2 years, one for 3 years, and two for 4 years; in each case until a successor is appointed and has qualified. Therealter the governing body shall appoint, for terms of 4 years each, a member or mem. bors to succeed those whose terms expire. The govern- ing body shall fill any vacancy for an unexpired form. A member of the aulhorily shall be elig,ble for reappoint- mont. Any member of lhe authority may be. removed by the governing body for misfeasance, malfeasance, or willful neglect of duty. Each member of the authority, before enlenng upon his or her duties, shall take and subscribe the oath or afflrmalton required by the Slate Conshtution. A record of each Oath shall be hied m the Department of State and with the clerk. (5) The authority shalt annually elect one of ,Is mem- bers as chair and one as vice chair (6) The authority shall keep a record of ils proceed. ings and shall be custodian of all books, documents, and papers filed w~lh it and of ~;S m~nute book or journal and official seal. The authority shall cause cop~es to be made of all ~tS m~nuleS and olher r:acords and documents and shall g~ve certificates under ,ts ofhc~al seal to the effect Ihat such copies are true cop~es, and ali persons deahng w~th tt may rely upon such certificales. (7) Three members of the authority shall conshtute a quorum, and the aflirmative vote of a malonty ol the members present al a meebng of the authonty shall be necessary for any achon taken by an authority. How- ever, any actton may be taken by the authonty wilh the unanimous consent of all of ,ts members No vacancy tn the membership of the authonly shall ~mpa~ lhe ngh: of a quorum to exercise all tho rights and perform all the duties of the authorily. Any action taken by the authonly under the provisions of th~s part may be authorized by resolution at any regular or special meehng, and each such resolution shall take effect immediately and need not be published or posted. All meet,ngs of the aulhor- ~ty, as well as all records, books, documents, and papers, shall be open and avatlable to the public tn accordance wilh s. 286.011. (8) The members of the authority Shall receive no compensation for the performance of their dui,es here- under, but each member sh~,ll be paid his or her neces- sary expenses incurred whde engaged in the pe. rform- anco of such duties pursuant to s. 112.061. (9} Any general or special law, rule or ordinance of any local agency to the standing, service as a member of an trustee, director, ofhcer, or employee of a shall not in and of itself constitute a :t of ~nterest. However. any member of the author,fy . is ern~d'J oy, or tecetves income from. a health facily under con. Ii PUBLIC flEALTH FACILITIES" Ch. lS4 .'" F.$.1~5 siderat~:~'~ by the authority shall not vote on any matter related to such facility. H~I~'~.--q, 4 Cfi r4.~'1, l. ~?l.ch .clsj-147 154.209 Powers of authodty.--The purpose of Ihe authority shall be to assist health lacilities in the acquisi- tion, construction, financing, and refinancing of projects in any corporated or unincorporated area within the geo- graphical limits of the local agency. For this purpose, 1he authority is authorized and empowered: (1) To adopt an official seal and aller the same at pleasure, (2) To mainlain an office at such place or places in the k~..al agency as it may designate. (3) To sue and be sued in its own name and lo plead and be impleaded. (4) To acquire by purchase, lease, gift. or otherwise, or to obtain options for the acquisition o1, any properly, real o~ personal, improved or unimproved, for Ihe acqui- sition, construction, operation, or maintenance ot any project. (5) To construct, acquire, own, lease, repair, main- lain. extend, expand, improve, rehabilitate, renovate. furnish, and equip projects and Io pay all or any part of the costs thereof from the proceeds of bonds gl the aulhority or from any contribution, gift. or donation or other funds made available to Ihe authority for such put- pose. (6) To make and execute agreements of lease, con. tracls, deeds, mortgages, noles, and other instruments necessary or convenient in lhe exercise of its powers and funclions under this part. (7) TO sell, lease, exchange, mortgage, transfer, or otherwise d~spose gl, or to grant options for any such purposes wdh respect to any project, any real or per. sonal property or interest thereto. (0) To pledge or assign any money, ret'ts, charges, fees, Or other revenues and any proceeds derived from sales of proper:y, insurance, or condemnation awards. (9) To bx. charge, and collect renls, fees, and charges for the use of any prolecl. (t0) To ~ssue bonds for the purpose of prowdmg fut~dS to Day all or any par[ of the cost of any prolect and to ~ssue refunding bonds. (t t) To employ consulting engineers, archilects, sur- veyors, attorneys, accountants, hnanc~al experts, and such other employees and agents as may be ,'~ecessary m ds judgment and to fix their compensat~or.. (12) To acquire ex~shng prolecls and lc reimburse any health facility tot the cost of such project in accord- ance with an agreement between the author~,y and lhe health facility. However. no such reimburser,'~ent shall exceed the Iolal cosl gl the projecl as determined by lhe health facility and approved by the aulhority. (13) To acquire existing projects and to refund out- stand,ng cbfigalions, mortgages, or advances issued. made, or g~ven by a health facility for lhe cost of such prolecl. (14) To charge to. and equitably apportion among, health facilities [ts adm~nislrative costs and expenses ~ncurred in Ihe exercise of the powers and duties con. ferred by this part: and. if approved by a resolution of lhe health facilities authority, to donate any surplus funds 1120 that remain in its account at the end of the fiscal year after those costs and expenses are paid, which funds may include fees o~ accrued interest. Io Ihe governing body of the local agency that crealed Ihe heallh facilities authority. The governing body must appropriate and dis- burse those lunds to nonprofit human health service agencies (15) To mortgage any project and the site thereof lot the benefit of the holders gl the bonds issued Io finance such project, (16) To participate in and 1o issue ::.,onds tor Ihe pur- pose of establishing and maintaining a self-insurance pool I:~Jrsuant Io s. 627.357 on behalf gl a health facility or a group of health facilities in order Io provide for lhe payment of judgments, settlemenls of claims, expenses, or loss and damage that arises or is claimed to have arisen from an act or omission of the health facil- fly, its employees, or agenls in the performance of health care or health-care-related lunctions. (17) To issue special obligation revenue boo,ds Ior the purpose of establishing and maintaining Ihe self- insurance pool and !o provide reserve funds in connec. lion Iherewifh. such bonds to be payable Irom funds available in Ihe pool from lime to time or from assess. menls against participating health facilities for the put. pose of providing required contributions to the ftmd, With respect to the issuance gl such bonds or notes Ihe Iollowing provisions shall apply: fa) The bonds may be issued as serial bonds or as lerm bonds, or Ihe authority in ils discretion may issue bonds of bot:~ types. (b) The bonds shall be authorized by resolution of Ihe members gl Ihe authority as requested by the board of directors ot lhe self-insurance pool and shall bear such date or dates; mature at such time or times, not exceeding 10 years from their respective dates; bear inlerest at such rate or rates; be payable at such time or hines; be in such denominations and form; and be executed in such manner and subjecl Io such terms of redemption as the resolution or resolulions of Ihe author- ity may provide (c) No healIh faciliiy shall al any time have more Ihan one loan agreement oulslanding for lhe purpose of obla~mng bond proceeds with which lO acquire liability coverage contracts from the self-insurance pool. (d) Any self-insurance pool funded pursuant to this sechon shall maintain excess insurance which provides specdic and aggregate hinds and a retenhon level deter- mined in accordance with sound acluarial principles The Departmenl of Insurance may waive IhiS require- ment if the lurid demonstrates that its operation is and will be acluarially sound without obtaining excess insur- ance. (e) Prior lo Ihe issuance of any bonds pursuant Io this section for the purpose of acquiring liability cover- age contracts from the self-insurance pool, the Depart. mentot Insurance shall certify Ihal excess liability cover. age for the health facility is reasonably unoblainable in the amounts provided by such pool or Ihat the liabildy coverage obtained lhrough acquiring contracts Irom Ihe self-insurance ;::x:x~l. after laking inlo account cosls of issuance of bonds and any other administrat~ less expensive to the he~ cial coverage then JUN 16 1998 F.S. 1995 PUBLIC HEALTH FACILITIES Ch. 154 (18) To participate in and issue bonds and other Iorms el indebtedness for the purpose of eslabhsh~ng and mafnlammg an accounts receivable program on behalf of a health facility or group of heallh faclhttes. Not- wilhstand~ng any other provis~ons of th~s part. the struc luring and financing of an accounts receivable program pursuant to thtS subsection shall constitute a proiect and may be structured lot the benefll of health facihtles wilhln or outside Ihe geographical limits of the local agency. (19} To do all things necessary to carry out the put- poses of this part. 154.211 Payment of expenses.--All expenses incurred in carrying out Ihe provisions of Ibis part shall be payable solely from funds provided under the prov~- s~ons of this part, and no hab~l~ty o~' obl~gahon shall be incurred by an authority, a local agency, or lhe stale hereunder beyond lhe extent to which moneys Shall have been provided under the provis~ons of lh~s part Hll. le4'¥.--S ~, 4~ 74-323 154.213 Agreements of lease.--In underlak~ng any prelect pursuant to lh~s part, the aulhorily shall first oblam a vahd cerhhcale ct need evidencing need tot the project and a slalemenl the! the prolect serves a pubhc purpose by advancing the commerce, welfare, and pros. perily of the local agency and ~Is people No prelect financed under the provtstons of this part shall be opel ated by the aulhOrlty or any other governmental agency. however, the aulhor[ly may temporargly operate or cause to be operated all or any peri tnlerest theretn pending any leasing of such prolec! accordance w~lh lhe prows~ons of Ih~S parl Tile author. ily may lease a prolecl or prelects Io a heallh lac~IHy lot operahon and mamlenance ~n SuCh manner as to eflec luale lhe purposes of lh~S parl under an agreemenl lease ~n tcrm and substance not ~ncons~s:ent herewith (1) Any s,Jch agreement of lease may prowde, among olher provisions. Ihal fa) The lessee shall at ~ls Own expense operate. repmr, and ma~ntmn lhe project or prelects leased lhere- (b) The rent payable under the lease shall ~n the aggregale be not less lhan an amounl sufhc~enl Io pay all ct lhe ~nleresl, principal, and redempl,on premiums, ~f any. on lhe bonds lhal Shall be issued by the aulhorily lo pay lhe cosl of lhe prolecl Or prolecls leased thereun- to) The lessee shall pay all cosls ~ncurred by lhe aulhoHly ~rl connecl~on wHh Ihe acqu~sd~on, financing. consl~uChOrl, and admin~sJ~al~on of lhe prelect or proj. ecls leased, excepl as may be paid oul of lhe pr~eeds dj bonds or otherwise, including, but wilhoul ~ing lira. ~led lo: Insurance costs, the cost of 8dmimsler~ng lhe bond resolulion authorizing such bonds and any lrusl agreement securing the bonds, and the lees and expenses of Iruslees. paying agents, a[lorneys, consul- lanls, and Olh~rS. (d) The terms el lhe lease shall le~minate nol earlie~ lhan Ihe dale On which all such bonds and all other chh gahons ~ncurred by lhe aulhordy 1t21 proiect or projects leased thereunder shall be paid in full, including interest, pnnclpal, and redemption preml- urnS, if any. or adequate lunds fOr such payment shall be deposited ~n trust. (e) The lessee's obligation lo pay rent shall not be SUblect to cancellation, termination, or abatement by the lessee until such paymenl of the bonds or prov~sion for such paymenl shall be made. (2) Such lease agreement may contain such addi. bonal provis~ons as in the determination of the authority are necessary or convenient to effectuate the purposes of this part. including provisions for extensions of Ihe term and renewals of the lease and vesting in the lessee an option to purchase the prolecl leased thereunder put- suant to such terms and conditions consistent with this part as shall be prescribed in the lease. Except as may otherwise be expressly stated in the agreement of lease. to provide for any contingencies mvotving the damag. rog, destrucl~on, or condemnahon of the prolecl leased or any substantial portion thereof, such option Io put- chase may not be exercised unless all bonds issued for such Prelect, including all principal, interesl, and redemphon premiums, ~f any. and all other obligations ~ncurred by lhe authority i,q connechon with such proi- ecl. shall have been paid In full or sufficient funds shall have been deposited m trust for such payment. The put- chase pnce of such prelect shall not be less than an amount sufficient to pay m full all of the bonds, including all principal, interest, and redemphon premiums, d any. ~ssued for the prelect then o,~tstandmg and all other obl~. gations incurred by the ~lthonty tn connection with such prelect. t'h~,tla~'~l',--$ ~ Cfi 7~-~,~~] 154.215 Construction contracts.- Conlracls h,r the conslruchon of any prelect Sh~ll be awarded by the authorlly upon a compehbve or negoh,Jted bas~s, dS IJ delerm,nes w~ll mosl effectively, serve lh~s part The authord~' may. by wrtlten conlracl, engage lhe serwces ct the lessee or prospechve lessee of aqy proleCl tn the COflslrucIlOtl Ot such prolecl and may pro v~de m such contract Illat lhe lessee ()r prospechve see may act as an agenl of, or an ~ndependent conlrac. lot lot, lhe authority for lhe performance of lhe tunchons described lhereln, sublect Io such condihons and requ~remenls cons~slenl w~lh lhe provtSlOnS Of th~s part as shall be prescribed in such contract, including such functions as the acquislhon of the s~le and other real property for such project; the preparabon of plans, spec- d~cal~ons, and contract documenls, the award OI con- struction and other con/racls upon a compeiihve or negohaled basis; the construction ct such projecl, or any part Ihereof, direclly by such lessee or prospectwe lessee: lhe inspection and supervision of conslruchOn; the employment of engineers, architects, builders, and other COnlractors; and the provisions of money to pay lhe cost lhereof pending reimbursemenl by the author. ity. Any such contract may provide that Ihe authority may. oul of proceeds of bond~ .... k~, reimburse Ihe lessee or prospe~ I,ve incurred in lhe peHofmance of., JCh set forth the supporting docum~ nfs required to be sub. m,.ed fo authority and 'eviewj.dlta , ,t,l l8 Ch. 154 P~JBUC HEALTH FACILITIES and audits Ihat shall be required in connechon therewdh to assure compliance wdh the provisions of lh~s part and SuCh contract 154.217 Notes of authorily.--The authorily is authorized from hme to lime Io issue its negotiable noles for any corporate purposes and renew from time tO time any noles by lhe issuance of new notes, whether the notes to be renewed have or have not matured. Except as otherwise provided herein or in s. 154.219. the maximum maturity of such notes, not including renewals thereof, shall not exceed 1 year. The notes may be aulhorized, sold. executed, and delivered in the same manner as bonds. All such notes shall be payable solely from the revenues of lhe authority, sublecl only Io any conlractual righls of the holders of any of its notes or other obligalions then outslanding. M~s~T.--s g. cn 7~-~.23 F.S. lgg,r, 154.219 Revenue bonds.-- (1) The authority is authorued from time Io lime to issue its negotiable revenue bonds for the purpose of paying all or any part of the cost of any project or proj. ecls for which a certificate of need has been obtained, or pursuant Io subsections (12) and (13) of s. 154.209 for the purpose of paying ali or any part of lhe cost of acauiring existing or completed health facilities projects, In anlictpation pi the sale of such revenue bonds, the auIhomy may issue negotiable bond anticipation notes and may renew the same from hme Io time, but Ihe maxi. mum maturity of any Such note. including renewals thereof, shall not exceed 5 years from the date of issue of lhe original note. Such notes shall be paid from any revenues of the aulhorily available therefor and not oth- erw~se pledged or from the proceeds of sale of the reve- hue bonds of the aulhority in anliopation of v,,h~ch they were Jssued The notes shall be issued in lhe '~ame man- net as the revenue bonds. Such notes and the resolution or resoluhons author~zmg the same may contain any pro- v,s~ons. COnd~hons. or limitation which a bond resoluhon of lhe auIhority may contmn. (2) The revenue bonds and notes of every ~ssue shall be PaTable SOlely Oul Ot revenues denved by the aulhcr~ty from the sale. operahon, or leasing of any prol- ecl or ¢roleots. subject only to any agreements with the holders of particular revenue bonds or notes pledging any 12articular revenues Notwilhslanding that -evenue bonds and notes may be payable from a spec.al fund. lhey shall be. and be deemed Io be. for all ~.trposes, negohable ~nstrumenls, SUbleCt only to the prov, s,ons of the revenue bonds and noles ~or reg,strahon. (3) The revenue bonds may be issued a,; serial bonds or as term bonds, or the authority, in its discre- tion, may issue bonds of both types. The revenue bonds shall be authorized by resoluhon of the members of the authordy and shall bear such dale or dates; mature at such time or times, not exceeding 50 years from their respechve dates: bear inlerest at such rale or rates; be payable at such time or times: be in such denomfna. lions: be in Such form, eilher coupon or registered, or both; carry such registration privileges; be executed in such manner: be payable in lawful money of the United States at such place or places: and be subject Io such terms of redemphon, including redemphon prior Io maturity, as such resoluhon or re,~;oluho~s may provide. The aulhorily shall determine lhe form and manner ol execulton of lhe bonds, inCluding any inleresl coupons fo be altached lherelo, and shaft fix the denomination or denomma!ions of lhe bonds and the place or places of paymenl of principal and interest, which may be at any bank or trust company within or withoul the slate. In case any officer whose signature, or a facsimile pt whose signature, shall appear on any bonds or coupons shall cease to be such olficer before the delivery of such bonds, such signature or facsimde shall nevertheless be valid and sufhcient for all purposes the same as if lhe person had remmned in office until such delivery. The authority shall also provide for Ihe aulhenticahon of the bonds by a truslee or fiscal agent. The revenue bonds or notes may be sold at public or private sale for such price or prices as the aulhorily shall determine. Pending preparation of the definilive bonds, the authority may issue interim receipts or cerlificates which shall be exchanged for such definilive bonds. (a) Any resolution or resolulions authorizing any rev- enue bonds or any issue of revenue bonds may conlain provisions which shall be a part of lhe conlracl with lhe holders of the revenue bonds to be authorized, as to: (a) Pledging of all or any part of the revenues of a project to secure the payment of Ihe revenue bonds or of any particular issue of revenue bonds, subject to such agreements with bondholders as may then exist. (b) The rentals, fees, and other charges Io be charged, the amounts Io be raised in each year thereby, and the use and disposition of Ihe revenues. (c) The sethng aside of reserves or sinking funds and lhe regulation and disposition Ihereof. (d) Limdahons On the right of the authority to restrict and regulate the use of the project. (e) Limilations on the purpose 1o which Ihe pro. ceeds of sale of any issue of revenue bonds Ihen or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the revenue bonds or any issue of lhe revenue bonds (f) bmdahons on the ~ssuance of add4~onal bonds. the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (g) The procedure, if any, by which the lerms Of any contract wilh bondholders may be amended or abro. galed, the amount of bonds the holders of whtch must consent thereto, ~,nd lhe manner fn which such consent may be gwen. (h) Defining the acts or omissions Io acl which shall consbtule a defaull m the duties of lhe authority Io hold ers of tis obligalions and providtng the rights and reme. rites of such holders m lhe evenl of a default (i) The mortgaging of a prolect and lhe site thereol for the purpose of securing the bondholders. (5) Neither the members of the aulhorlfy nor any per- son executing lhe revenue bonds or notes Shall be I,abie personally on the revenue bonds or notes or be subject Io any personal habilify or accounlability by reason of lhe issuance thereof. of the authority, any JUN 16 1998 122 F.S. 1995 PUBLIC HEALTH FACILITIES Ch. 154 of th~s part may be secured by a trust agreement by and belween the aulhordy and a corporate Irustee. which may be any trust compar~y or bank having the powers of a trust company w~thin or without the state, Such trust agreement or resolution providing for Ihe issuance of such bonds may pledge or a~s~gn the fees, renls, charges, o~ proceeds hem the sale of any prelect or part thereof, insurance proceeds, condemnation awards, and other funds and revenues to be received therefor, and may provide for the mortgaging of any project or any [)art thereof as securily for repayment cf the bonds. Such lrust agreement or resolutton providing for lhe issuance of such bonds shall contatn such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation et law. including covenants sethng Iorth the duties of the aulhority in relation to the acquisition of property and the conslruction, improvement, mature. nance, repair, operation, and insurance o! the project Of prelects in connection wilh which such bonds shall have beet~ authorized; the fees, rents and other charges to be fixed and collecled; Ihe sale of any project, or part thereof, or olher property; the terms and condd~ons for lhe ~ssuance el addihor~al bo~ds; and the custody, safe. guarding, and applical~on of all moneys. II shall be lawful for any bank or trusl company incorporated under the laws of the state which may acl as depositary of the pro- ceeds of bonds, revenues, or other money hereunder lo furnish such indemnd~,mg bonds or to pledge such securdies as may be required by lhe authority. Any such lrust agreement or resoluhon shall set forth the rights and remedies of lhe bondholders and of the truslee and may restrict the ~nd~v~dual r~ght of achon by borldhOId- ers. In adddton Io the foregoing, any such trust agree. ment or resolution may contain such other provis~ons as lhe aulhor~ty may deem reasor~able and proper for the secunly of Ihe bondJ~oldurs. All expenses ~ncurred ~n carrying out lhe prov~s~ons of such trust agreement or resoluhcn may be trealed as a part of the cost el the project or prelects in connection with which bonds are ~ssued or as an expe~tse of admtn~slrahon of such proj- ects, as the case may be. H,~,~oq,.--$ ~1. c~ 74-323 154.223 Payment of bonds.--Revenue bonds issued under Ihe provis~ons of th~s pad shall not be deemed to constitute a debt, liabdity, or obligalton of the total agency or Ihe state or any pohtical subdivision Ihereof. or a pledge of the faith and credit of the local agency or the state or any political subd~wsion thereof, bul shall be payable solely I'rom the revenues provided therelor. ,All such revenue bonds shall contain on the face thereof a slatement Io the effecl thai the authority shall not be obligated to pay the same or the interest Ihoreon except from Ihe revenues of porlion thereol for w/uch lhey are issued and that neither the faith and credit nor the taxing power of the local agency or of Ihe state or of any political subdwision thereof is pledged Io the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under the provmions of this part shall not directly, indirectly, or continue.fly obligale the local agency or the stale or any political subdivision thereof to levy or tO pledge any form of taxation whatever lherefor or to make any appropriation for their payment. 154.225 Revenues.-- (1) The authority is hereby authorized to fix m',d to collect fees, rents, and charges for the use el any proj- ect or projects and any part or section thereof. The authority may require Ihat the lessee of any project or part thereof shall operate, repair, and maintain the plot- ecl and bear the cost lhereof and other costs of the authority in connection with the project or prelects leased as may be provided in the agreement of lease or other contract with the authority, in addition to other obli- gations imposed under such agreement or contract. (2) The fees, rents, and charges shall be so fixed as to provide a fund sufficient to pay the principal of, and the interest on, such bonds as the same shall become due and payable and to create reserves, if any, deemed by lhe authority to be necessary for such purposes. The fees, rents, charges, and all other revenues and pro. ceeds derived from Ihe prOject or projects in connecl~on with which the bonds of any issue shall have been issued, except such part lhereof as may be necessary for such reserves or any ex~'.endilures as may be pro- vided in the resolution authorizing the issuance of such bonds or in the trust agreement securing Ihe same, shall be set aside at such regular intervals as may be speci- fied in such resolulion or such trust agreement in a sink- mg fund which is hereby pledged lo, and charged wdh, Ina payment of Ihe principal of and the interest on such bonds as the same shall become due and the redemp. hen prtce or the purchase price of bonds retired by call or purchase as lherein provided. Such pledge shall be vahd and binding from the time when the pledge is made, The tees, renls, charges, and other revenues and moneys so pledged and Ihereatler received by lhe authonty shall immediately be subJecl to the hen et such pledge withoul any physical delivery thereof or further act, and the lien of any such pledge shall be vahd and binding as against all parties having claims of any k~nd in :3ri, contract, or otherwise against the authcrdy, irre- spective of whether such parties have notice thereof. The use and disposition of money to the credit of such sinking fund shall be subject to the provisions of the res- olution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be pro- v~ded in the resolution or the trust agreement, the sink. mg Iund shall be a fund for all such bonds without dis. tinction or priority of one over another. Htttery.--I I'1. ch. 74-323. 154.227 Trust funds.--Notwithstanding any other provisions of law to the contrary, all money received pul. suanl to the provisions of this part, whether as proceeds from the sale of bonds, sale of property, insurance, or condemnation awards, or as revenues, shall be deemed to be trusl funds, to be held and a vided in lhis parl. The resolution authori; of a~y issue or the trust agreement securi may provide that any of such moneys be ily icvesled pending the disbursement th pro,,,lde that any officer with whom, or 1123 Pg 6 1998 Ch. 154 PUBLIC HEALTH FACILITIES ' company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subjecl Io such regulations as Ibis part and such resolution or Irust agreement may provide. H~SI~.--$ ~4. ct~ 74-323 154.229 Remedies.--Any holder Of bonds issued under Ihe provisions of this parl or of any of Ihe COUpOnS apperlaining thereto, and the trustee under any Irusl agreement, except to the extenl the righls herein given may be restricted by such trust agreement or the resolu- lion authorizing the issuance of such bonds, may, eilher at law or in equity, by suit. achon, mandamus, or olher proceeding, prelect and enforce any and all rights under the laws of this slale or granted hereunder or under such trust agreement or resolution authorizing the issu- ance of such bonds, or under any agreement of lease or other contract executed by the authority pursuant to this parl, and may enforce and compel the performance of all duties required by this part or by Such trust agree- ment or resolution Io be performed by any lessee or the authority or by any olficer thereof, including the fixing. charging, and collecting of fees. rents, and Charges. 154.231 Negotiability of bonds.--AII bonds issued under the provfs~ons of lh~s part shall have. and are hereby declared Io have. all the qualilies and incidents, including negotiab~hty, of ~nvestment securihes under Ihe Umform Commercial Code, bul no provision of Such code respecting the flhng of a financing statement Io perfec~ a secur~ry interest shall be deemed necessary for. or applicable to, any secur~ly interest crealed ~n con. nechon with the ~ssuance of any such bond.,: Mlsto¢7--$ ',6. c~ 154.2331 Tax exemption.-- (1) The exercise of the powers granled by this part w~ll be in afl respects for Ihe benefiI of Ihe people of th~s state, fcr lhe increase of ~he~r commerce, welfare, and prosper:t~,, and for the improvement of their health and I,vmg con<2;t;ons Because the operation and mainle. narce cf a project by a health facd,ty wdl ccnshtute lhe performance 0¢ an essential public funcbon, neither lhe aulhordy nor a hospdal restitution shall be requfred to pay any taxes or assessments upon or in respect of a pro/oct or any property actuated by the authori.y under the prows~ons of th~S part or upon the income It'erefrom, and any bonds issued under the provisions of ti~is part, lheir Iransfer, and the income therefrom, includ,ng any profil made on lhe sale thereof, shall at all times be free from taxation of every kind by the state, Ihe local agency, and municipalities and other political subdivi. sions rn the state, except that such income shall be sub- ject Io lhe tax imposed pursuant to the provisions of chapter 220. Nolhing in th~s seclion shall be construed as exempting from taxation or assessment the leasehold inleresl of any health facility organized for profit. If any prelect or any part lhereof ~s occupied or operaled by any health facility organized for profit pursuant to any COntract or lease with the authority, the property interest created by such contract or lease shall be subject to tax- ation Io Ihe same extent as other privately owned prop- erty. F.S. lgg$ (2) Homes for the aged, or life care communities, however designaled, which are financed through Ihe sale of heallh facilities authority bonds, whether on a sale-leaseback arrangement, a sale-repurchase arrangement. Or other financing arrangement, are exempt from ad valorem laxat,:)n only ~n accordance wilh the provisions of s 196 19;'5. 154.235 Refunding bonds.-- (1) The authorrty is heret:~y authorized Io ~c'v~e f~ the issuance of revenue bonds for the I~u~'l:~se. of refunding any of ds reve. nue I:x:x~s then outstanding. including the payment of any redemptK~,'t l:xem,um thereon and any interest accrued or to accrue to ~ ca'. hest or SubSecA~nt date of redemchon. I::x,r~. ~ maturity of Such re'cenue bom3s. (2) The proceeds Of any ~ re,~-~e, bonds ~s,uaed for the purpose of refund, rig (x,rfstarxC, r~ r~,,enue ~ may. in the d~::zet~n Of f'he a~. be. ~ to the purchase or rel,'en'-,enl at maturity or reclernl::X,~ Of S~uch. outstarv'J~ng r~,cec~ue, bonds ~ or~ ~ eacf~es~ or am/ subsecluent redemo~,:3n date. m ~ ~ I:~r~ or at the matur~ty thereof, a.n,3 may. ~ SuCt~ ~. l~On. be p/aced ~n escrow fo be aC:~d,,ed to ~ 13,u~ct~se or rehremen! al maturity,, or re,:~f.nl2tK:~ On St.<~ Cate as may be_ defer~ by the authority. (3) Any such escrowed Proceeds. bending such use. may be ~nvesfed and re,rives=ed ~n d~rect ot~a. t~ons of the Un,ted States. ~ any ob/igat,3ns of wh~h the principal and ,nterest are uncondd~2nalty guaranleed by the Un~t~d States. ,n cer!,flcates of deposit or brae deposits secured by d~rect obhgat~ons of the United States. or m any ObhgabonS of which the principal and interest are unconditionally guaranteed by the United States. matur~n.~ at such hme or times as shall be appro. pnate to assure the prompt payment, as to principal. interest, and redemption premium, if any, of the out- standing revenue bonds [o be so refunded. The inleresl. ~nccme. and profits, if any, earned or realized on any Such mvestmenl' may also be apphed Io the paymenl Of the outstanding revenue bonds to be so refunded. After the terms Of the escrow have been fully satisfied and carried out. any balance of such proceeds and mlerest. ~ncome. and prohts, if any, earned or realized on the investments thereof may be returned to lhe authordy for use by il in any lawful manner. (4) All such revenue bonds issued for the purposes of refunding shall be subjecl lo the provisions of this part in the same manner and to lhe same extent as other rev. enue bonds issued pursuant Io lhis part. 154.237 Legal investment.--Bonds issued by the authority under Ihe provisions of Ibis pad are hereby made securities in which all public officers and public bodies of lhe state and its political subdivisions and all insurance companies, trust companies, banking associ- ations, investment companies, executors, administra. tore, truslees, and olher fiduciaries may properly and legally invest funds, includin, ' ~trol or belonging lo them ~ecuri- lies which may pr wilh 124 JUN 1 6 1998 F.S. 1995 PUBLIC HEALTH FACIUT1ES and received by any stale or municipal oftx:er or any agency or political subdrvision of the state for any put. pose for which lhe deposit of bonds or obhgal,:)ns of the stale is now or may hereinafter be authorized by taw 154.238 Authorization to deal with financial institu- tion which employs a member of the euthodty.--Not. wllhstanding any general or special law, rule, regulation. or ordinance to the contrary, including ss. 112.311- 112.326, an authority may sell its bonds to a financia; institution, as defined in s. 655.005, which employs a member of the authority as an officer, director, or employee and may appoint a financial institution to serve as trustee or cotrustee under a trust ~ndenture relating Io bonds issued under lhis part, notwithstand. lng the fact that an officer, direclor, or employee of the financial institution which is inlerested in purchasing or serving as Irustee or colrustee for a proposed or out. slanding bond issue shall vole on any melter related Io such bond issue after the interest of the financial institu- lion in such bond issue becomes known to the officer. director, or employee. H~slo~f.--S 4, Ch ~1-3..'I. $ 4U. C~ B3-211. S '~95. Ch 92-J03. S 873, 95 154.239 Reports.--Within the first 90 days of each calendar year, lhe authority shall make a report to the governing board of the counly of its activities for Ihe pre- ceding calendar year. Each such report shall set forth a complete operahng and hnancial statement covering its operahons (:luring the year H~$lory,--s 20 ct. fJ. 154.241 Issuance of bonds.--Bonds *ssued under the provisions cf th,s part shall be vahdated in the man- ner prescribed by ch~,,q:er 75 154.243 Alternate means.--Th~$ peri shall be deemed to proviOe an add~honal ant alternahve method for the doing of the th;rigs authorized here~y and shall be regarded as supplemental and adCd~cnal to powers conferred by giber laws. H,s'K~y.--s 22 c:~ ;4 154.245 Department of Health and Rehabilitative Services certificate of need required as a condition to bond validation and project construction.--Notw~th. stanchng any provlsK:)n of lh;s pad to the COntrary. before any prolec! authorize(3 by this part and sub~ect to re'new under ss. 4(:~ 031-40.~ 045 iS approve,3 by the authority, and befcxe revenue bonds are validated for lhe proiect. the Department of Health and Rehabfl~tahve Serv, ces shall Issue a cerhflcate of need for such prelect, which shall be a conddlon precedenl lO lhe vahdahon and issu- ance of any bonds hereunder, other lhan bonds for refunding or refinancing purposes, and to lhe construc- lion of Ihe prelect. However. any portion of a life care facihty riel requiring hcensure under chapter 395 or part II of chapler 400 shall be exempt from the certificate-of- need requirement. ~sm,~r. ~$ 23 ch 7.,t-3~*j s 2 c~ 78-115 s 2 c,h 8~. 13. t, 2. ch 00-348 $ 154.246 Validation of certain bonds and proceed- ings.--The Leglslalure finds and declares lhat Ihe pur. pose of chapter 78-115, Laws gl FlorK:la, ~s. in part, to clarify the original meaning of the Health Facd~ties Authorities Law. and, therefore, all bonds heretofore issued and proceedings conducted pursuant therelo which would have been valid had the amendment fo s. 154.245, as set forth in s. 2 of chapter 78-115, been in effect when said bonds were issued or proceedings were conducted are hereby declared vahd. PART IV HEALTH CARE RESPONSIBILITY FOR INDIGENTS 154.301 154.302 154.304 154.306 154.308 154.309 154,31 154.3105 154.312 154.314 154.316 154 331 Short title. Legislative intent. Definilions. Financial responsibility for certified residents who are qualified indigent patients treated at an out-of-courtly participating hospital or regional referral hospital. Determination of patient's eligibility; spend- down program. Certification of county of residence. Obligation of participating hospital or regional referral hospital. Rules. Procedure for settlemenl of disputes. Certdicahon of the State of Florida. Hospital's respons,bilily 1o notify of admis. s~on of mdiger~ pahents County health and mental heallh care spa- c~al C~str~cts. 154.301 Shorttitle.--Sechons 354.301-154316 may be cdecl as 'The Florida Heal!It Ca~e Responslbdlty Act of 1988' 154.302 Legislative intent.--The Legislature finds FI.at certain hospitals provK';e a dlSproporlior,ale share c.~ charily care fcr persons whc are indigent and not able t':.~ pay lheir medrcal bills and who are nol eligible for gov- ernment-funded programs. The burden of absorbing the COSt of th~S uncompensated charily care is borne by the hospital. Ihe private pay patients, and, many hines, by the taxpayers ~n lhe county when the hospital is sub- s~dized by tax revenues. The Legrslature furlher finds that ~t is inequitable for hospitals and laxpayers of one county to be expecled to subsidize Ihe care of out-of- county indigent persons. Finally, the Legislature declares that the state and the counties must share the responsibilily of assuring that adequate and affordable health care is available lo all Floridians. Therefore, it is the intent of the Legislature to place lhe ultimate finan. cial obligation for the out-of-county hospital care of qualified indigent patlents on the county in which the in(.~igent patient resides. '"".' ';54.304 Definitions.--For the .~rpo~eOd~ ~1) 'Board' means tho Health ~re Board as estab- in chapte, JUN 1 6 1998 1125 DATE: TO: FROM: ~EMORANDUM May 29, 1998 Donald A. Pickworth 5811 Pelican Bay Blvd., Suite 210 Naples, FL 34108 fi/_, Sue Filson, Administrative Assist Board of County Commissioners 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 authority to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert V. Peacock 2149 Pinewoods Circle Naples, FL 34105 Mike Davis 6120 18th Avenue, S.W. Naples, FL 34116 Sandra Buxton 7816 Gardner Drive, #203 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the authority v, ithin the 41 day time-frame, and I will prepare an executive summm'y 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 AGENDA IT_~M JUN I B 1998 Pg-/O ROBERT V. PEACOCK 2149 Piucwoods Circle Naplea, Florida 3:3942 HOME OFFICE FAX 2614787 263-7721 263.7652 Bob Peacock is Managing Parser of Johnston, Peacock & Associates, P.A., Certified Public Accountants and h~ lived in Naples, Florida since 1981, at which time he began his CPA practice. He is married and is a native Floridiart, bom in Altaras, Florida in 1940. He is married to Suzanne, a native of Indiana, and their family includes a daughter, Marcie, who resides in North Carolina, and a son, David, in Ohio, and a daughter, Loft, who lives in California. There arc three grand childrcn, Wcnd¥, Kirstyn and Jaclyn.. Bob Peacock grew up in Barlow, Florida, and graduated from Summcrlin High School there in 1958. He attended the University of Florida, and rcceivcd his B.S. degree in accounting in 1963 from Arizona State University. In 1967, hc completed his postgraduate work at Michigan State University and received a Master of Business Administration in Applied Comptrollcrship. He enlisted in the United States Air Force in ! 960, serving as a radar mechanic. Commissioned as an officer in 1963, he served in various Comptroller positions, completing twenty one years of service with retirement in 1981 as a Lieutenant Colonel. Key assignments included the Fifteenth Air Force Inspector General stafF, Comptroller of thc Air Force Intelligence Scrvicc, and Commander of thc Air Force Comptroller Management Engin~ring Team. Hc is a graduate of Squadron Officers School, Air Command and Staff College, thc lndusc, rial College of thc Armed Forces and thc Armed Forces Staff College. Military decorations include thc Bronze Star, thc Meritorious Service Medal, and thc Air Force Commendation Medal. A director of the Naples Area Chamber of Commerce since 1991, he is currently thc President of the Chamber, previously Treasurer and Vice President of thc Business Development Division. He is on the Founding Board of Pelican Strand, a director of the Boys and Girls Club of Collier County, the Junior Acheivcment Hall of Fame Committee, and is a member of the Winged Foot Foundation. He is an active member of the Economic Dcve. lopment Council, the Forum Club, and the Collier Building Industry Association. He has previously served on the MPO Community Transportation Advisory Committee, thc Board of Oirls, Incorporated, the Board of the United Arts Council, thc Edison Community College Collier Campus Advisory Committee and FOCUS. In addition to his current CPA occupation and his previous military career, Bob ,,,,'as an accounting and business administration instructor for the California Community College system and also for the University of Maryland while in Vietnam. Professional affiliations include the American Institute of Certified Public Accountants, and the Florida Institute of Certified Public Accountants. AGENDA I T. Elsl No o .~__~._.~ JUN 1 6 1998 JOHNSTON, PEACOCK & ASSOCIATES, P.A. CERTIFIED PUBLIC ACCOUNTANTS 999 Ninth Street South, Suite I09, Naples, Florida 34102 Tel: (941) 263-7721 Fax: (941) 263-7652 FAX TRA NSMI TTA L Sue Filson ADDRESSEE FROM: Bob Peacock DATE: May 28, 1998 RE: Health Facilities Authority ]'AGES: 2 INCLUDING COVERSHEET NOTES: appointment to the Health Facilities Authority. 774-3602 FAX NUMBER Attach~ is my resume, forwarded to you at Don Pickworlh's request, for consideration of Pl~se advise if you require additional information. Thanks FAXED BY: DATE: TIME: This facsLmile transmission may comain confidential information l~longing Io the scnd~' which is proprietary. This information is intendMonly for the use of the individual ~ entity named above. If you are not lhe intended recipient, you are hereby notified that any disclosure, copying distr~ution or the taking of any aclion in rclianc~ on thc conlcnts ofiMs information is s~ricdy prohibited. If you have received this U'snsmisslon in error, please immediately notiry us by telephone to arrange foe return of the documents. I AGENJ)A JUN 16 1998 (941) 643-1777 ° FAX (941) 643-2499 · 3661 MERCANTILE AVE., NAPLES, FL 34104 ay 27, 199g.~ Ms. Sue Filson Via Fax- 774-3602 Board of Collier County Commissioners Naples, Horida Dear Sue: I am hereby applying for an appointment to the Collier Count3' Health Facilities Authority. I have included a current resume for your convenience. Yours truly,,--..., Mike Davis AGENDA IT£H No o _~__~_~ JUN 16 1998 /__9 ELECTRIC · SILK SCREENED · REAL ESTATE · PLASTIC · MAGNETIC · PAINTED · SANDBLASTED · NEON Mike Davis 6120 18th Avenue SW Napl~, Florida 34116 Office: 643-1777 Fax: 643-2499 Home: 455-2818 DOB: 2-10-47 Resident since August, 1974 Voter # MRC021047 Vice-President and General Manager of SignCrafl, Inc. since April, 1986. A company employing 12 people and in continuous operation since 1977. I am responsible for all phases of operations, marketing and financial planning. Prior Position Owner, Swampman's Tire & Wheel stores in Collier and Lee counties from 1977-1985. Responsible for two store, automotive repair and accessory wholesale and retail operation. Civic Activities - Current Collier County Planning Commission. 1992-present, Chairman Naples East Rotary Club, 1986-present, Past President. Paul Hams Felloxx' Rotary International District 6960, Group Study Exchange Program, Chairman Golden Gate Civic Association Keep Collier Beautiful. 1995-present, Immediate Past Chairman Collier Count2,.' Emergency Sen'ices Advi:,o~' Committee, 1995-present. Vice-Chairman Collier Count' Landfill Citizen's Commit.'ee, 1995-present St. John Neumann High School, Executive School Board, 1995-present Golden Gate Chamber of Commerce East Naples Civic Association The Conservancy Swamp Buggy Inc., Past President, Director Emeritus Naples.Diamond Jubilee Committee Civic Act/v/ties - Prior Hospice of Naples, Social Activities Volunteer, 7 years Naples Daily News, Golden Gate Advisor3.' Committee AGEND& ITEjM No o ~__~.~ J U N 1 6 1998 Naples Informed Parents, Red Ribbon Committee St. Elizabeth Seton Church, Festival Committee Lely High School Vocational Advisor>' Comminee Babe Ruth Summer Baseball, Assistant Coach Collier Counb' SherifFs Office Advancement Review Board Boy Scouts of America, Troop 225, Committee Chairman Collier Counb' Environmental Protection Technical Advisor7 Board, Chairman Professional Affiliations Collier Building Indust~' Association Build PAC, Immediate Past Chairman Governmental Affairs Committee Attended Ohio State Universit3' and Franklin University 1970-1974. Attended Southwest Florida College and International College of Naples. United States Coast Guard, March 1966-December 1969 Honorable Discharge. E6, Storekeeper First Class Good Conduct Medal Vietnam Campaig'n Ribbon Unit Citation for Sea Rescue Married to Patricia Shullo Davis since December 1972. Science teacher at Golden Gate Middle School Son, Christian. 20 Sen lng in the United States Nax..3 submarine fleet Daughter. Natasha, 18 Attending St. John Neumann High School JUN 16 998 Saadm Bu~m KN BSN MA 7816 ~ Driv: ~r203 N~I~, Fl ~4109 Pho~ - 941-514-2371 F~ - 941-514.2381 5-26-98 Mrs Sue Filson Administrative Assistant Board of Collier County Co~miss~oners 3301 g. Tamiami Trail Naples, FL 34109 Dear Mrs Fiison Please consider this an expression of interest in a position on the Health ~acilittes Authority. I am enclosing a professional resLune for your convience. In addition to the resume, I shall briefly outline other areas of personal and professional lnvolment. I am a full time resident of Naples, having moved here in 1995. I am employed by Naples Con~nunity ~ospital as a RN Research Coordinator. Specifcally I study the health care issues of the Immokalee ix~ulation and the Migrant farmers. The ~oal is to promote prevention of illness. I am a member of Moorings presbyterian Church where I serve as Deacon to 1400 members. I also serve as publicity chairman of the Hyacinth Concert Series. I am on ~he Professional Advisory Board of The Shelter for Women and Children. I am also a member of the Collier County Coalition Against Violence, participated in Alcohol Awareness Champaign in April, and was recently appoint~d to the ~Ispanic Affairs Advisory Committee. It would be a pleasure and a ~rivile~e ~o be considered for the Health Facili~ies Authority. ~.especc ~ul~y Sandra Buxton NAoG. END~ T JUN ~ ~J8 I __ II S~I~ BUXTON :~.M'., B.S.M., A.L,J', COJlGB 34109 Ii l- ; | A .GE NO~A~,~ T~m~ No ~ JUN 16 1998 P~./,,~ .... SANDRA BUXTON H.N., B.B.]~., ?l.&., A.L.F. C0R~ (941} ~14'2271 ' ~O~J (9%1} 514'2381 ' PAX TI~ Or=haxdJ, 751~ ~r~er Drive, %203 NM;lei, ~lorida 34109 CARHIR OBJBCTIV~ To obtain a challenging and rewarding poa£tion utilizing proven 8elg-mo=iva~ed manager and ~eam player with ~tore =hen 12 years cf progressive re~9onsibilit~ in all a~pec~a of health care delivery not-for-pro[i: long-te~ f~ilitiem. ~ea6e~ahi~, motivation and organi~e~ion w~ch e~ec~ivel¥ £nc~easee p~oducci~ic¥ and reduces ~u~nover. Istablis~ee and ~in~a£na high s~enda~ds of service and res£den~- cenLe~ed milie~. XnitA&~ea holAs:ic program~ including men~dl health ~0 long-~arm care ~aclli~iea. SA][PL~ ACCCIOLI SH]I]BNTS QUALITY ASSURAJlCR MONITO~ - FACILITIES IN C~ISIS. ~avia~ systems, identify deficits, develo9 and e~tablish procedure~ required for corrective action to achieve compliance with federal and state-mandated guidelines; knowledgeable ~n all area& of health care admi~/s:ra=ion and MCPA reC~uirement&. Provide and ensure resident-o entered care. produc~ivity en~ high turnover. ~mploy princi~lea of toKsl quaii~y essocia:e~ wan: to work and ere ~ositively reinforced for high perfox~ance. Reduce a~ency u~e to lesg %has 10%. STAFF HDUCATOR - Skilled and exq;~ria~ced in developin~ training curriculum. eseoclates that identify objectives, establish performance levels and incrmaee awar~mm ag quality a~ur~¢m standards. · DUCATION & C~RTi~ICATIONS Florida ALF cote qualified Licensed Nurain~J Home WRBSTIR UNIVESL~ITY, hblter Gro~.mg, KO . KA~YVILL~ UNI~SITY, Che~erfield, ~B~Z B~X~ HOS~IT~, Certified 1997 Licensed 1990 Graduated 1988 PROF~SIOI~L AFFILXATICll~ & HONORS Missouri Leagu~ for ~u:siu~ ao~e Adm/~£aCr&~ors, Inc. - Cuzren~ Me.er FIori~ Nur~el ~sociacion - 199~ ~0 ~reslnC Directors of ~rming ~ini6Crl~on, Long-Te~ C~e - Current Me.er Who'~ Nbs in ~rican Nursing - 1990 to ;rases: License - ~neas, ~llouri, Ylori~ Ii I-, I 1998 * Maintain atacisClcs and organize demographicl on targeted population * Liaison ]:~tveen ~argeced po$.Jlation and Naples healthcare communlc~ F~. MTerl, F~ ~in, 2~9~ - ~. ~997 * ~e~ed in a varney o~ roles under the direction o~ the Vice President. * Se~ed al a Cane ~nager%U~ilisa~ion Review ~or a n~ar~-up hosp~al- ~se~ ~f ~aaga~ ~ ~eve~ly g~e~riae. . Teac~ ~e~la~iona ~o hospital s~a~ and principles og eE~ec~ive long- ~e~ ~re ~~en~ ~o new lasers. * Xn~er~ace ~l~h c~unl~y and praise ra~a~=al~ ~o ~verl7 ~acili~es. * 5e~e aa a clinical a~i~o~ and conaul~an~ ~ [acili~ie. a~ risk. X~~ ~T~ Doc. 1994 - Dec. 1995 * Consultant for long-ce~ care facilities that re,ired ~9emenC team and eyac~ develop~nc. ~pecializing in ~aliCy Assurance and Survey prepara~l~ and c~liance. * LPN ~~nc ~ratning and ~ career ladder. ~~OOX ~ ~flmam City, ~ Dec. 1~3 - Dec. 1994 - Re~poflfible for a $4 milli~ a~ual bu~ec and a eCa~ o~ 200- tn a for-profit, long-=e~ care facility with 240 - Provide leadership and dir~ci~ for a staff o~ 120 ~n a 140-bed for- profit f~ility with a $2 ~llion annual budge=. PA~fXDI ~ Dec. 1992 Dec. 1993 SC. ~cles, ~ ~ireator of ~e~ * ~inie~ered a $3 million ~nual budget in a 240.~d reciru~mC c~nicy. - Responsible for Nursin9 anioCratlon, Social Semites, Activities. develo~enc ~or ~ re:ent~n ~d AX~ pr~r~ for apartment residents. ~0~-~ C~ ~ &u~. 1991 - Nov. 1992 R.~. Caeeult~ Inscall~d, ~reintd ~nd provided user support for enervate designed co euchre edicsl records in lo~-te~ cite lacili~lto na~ion~ide. Travel~ 80%. X~~ ~X~S ~ITO~ Oct. 1990 - Au~. 1991 ~e~la=A~, until e=an~r4s were reest~liehe~. ~~IRI Oct. Cheecergteld, ~ E CUTIVE SUMMARY ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 97-48, MAKING MINOR CHANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND CHARGES OTHER THAN MONTHLY USER RATES; AND PROVIDING FOR REASONABLE SERVICE CHARGES; AMENDING SECTION FOUR, LAWN SPRINKLING/IRRIGATION REGULATIONS WITHIN THE UNINCORPORATED ~ OF COLLIER COUNTY; AMENDING SECTION SEVEN PENAL~; pRoVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. [rd of Corn No. 97-48, the Collier County Uniform I. and Monthly Billing Schedule Ordinance. That the Board of County Commissioners adopt an amendment to Ordinance No. 97-48, the Collier County Uniform Utility Operating and Regulatory Standards, Procedures In 1997, the Board of Count5' Commissioners adopted the Utility Operating and Regulatory Ordinance, establishing qertain uniform utility operating and regulatory standards and procedm'es, including irrigation regulations during emergency conditions. 2) The proposed revisions to the Utility Operating and Regulatory Ordinance are to provide for simplified irrigation/lawn sprinkling regulations; clarification of penalties and enforcement of any violations thereto; and adopts a time and material approach for labor, equipment, parts and supplies. 3) The proposed revisions include simplification of lawn irrigation schedules allowing for every other day watering based on even and odd addresses, allowable hours of irrigation between midnight and 6 am, and car washing on Saturdays and Sundays between 6:00 am and I0:00 am. The restrictions are broken into three gradvally more restrictive phases. The most restrictive phase allows irrigation only on Saturday for odd addresses and only Sunday for even addresses and no car washing. 4) For landscape materials less than 30 days old, allowable irrigation under the least restrictive phase allows for irrigation four days a week between midnight and 6:00 am. Provisions allowing for irrigation system adjustment are provided. 5) The penalty provisions of the Utility Operating and Regulatory Ordinance have been amended to allow for enforcement trader the County's Citation Ordinance, 97-35. This allows for the Code Enforcement Department to issue citations for violations. To be consistent with the Citation Ordinance, the penalties for uncontested violations shall be $100 for first time offenses, $250 for the second offense, and $400 for the third and subsequent offense(s). Contested violation is subject to a civil fine of up to $500 for each contest. The ordinance will continue to be enfc~rceable under Section 125.69, Florida Statutes, allowi~g the Sheriffs Office to issue citations. 6) Other revisions to irrigation regulations include extending the regulations to non-potable (r~suse irrigation) sources and changing the administration of irrigation regulation variances from the Board 7) The County Attorney's Office has reviewed the proposed Ordinance amendments axed, .L~.e.. foand the amendments to be legally sufficient, The proposed Ordinance amendments blicl advertised for the scribed od ofume as by Flonda Statute. All other legal requh-'~ments have been met, GROWTH MANAGE~ IMPACT: Adoption of the Amendments to the Collier. ~' Uniform Utility operating and Regulatory Standards, Procedures and Monthly Billing Schedule Ordinance will provide for continued enhancement to the quality of life within our community .and is in the best interest for the safe, health and welfare of our customers. FI$CAI~ IMPACT: Adoption of the Amendments to the Uniform Utility Operafing-'~ Regulatory Standards, Procedures and Monthly Billing Schedule Ordinance will have impact to the County. Fines collected under the penalty provisions of the Ordinance shall by the Code Enforcement Department to fund enforcement of the Utility Operating and Regulat~ Ordinance and/or other County Ordinances. RECOMMENDATION: Staff recommends that the Board of County Commissioners of Colher County, Florida, as the governing body of Colli'er County and as Ex-Officio the OoVeming Board of the Collier County Water/Sewer District, the Marco Water and Sewer District and the Oc~. dland Water District adopt the amendments to Ord~ce No. 97-48, as described' herein and attach~l hereto. .~, .... Prepared By: "', ~ M~e Saylor, A~~ve A~i~t II Reviewed , . ~' E~d N. ~m, O~0~m Water D~or R~ewed By: Ed II~Mer, Date: :.: I 9 ~0 16 ~6 aO ORDINANCE NO. 98- AN ORDINANCE A.~IENDING ORDINANCE NO. 97-48, .s, IAKING FIINOR CttANGES TO SUBSECTION 3.3 DISTRICT RATES, FEES AND CHARGES OTIIER THAN FIONTHLY USER RATES; AND PROVIDING FOR REASONABLE SERVICE CHARGES; A.S, IENDING SECTION FOUR, SPRINKLING/IRRIGATION REGULATIONS s,S, qTHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY; A.~IENDING SECTION SEVEN PENALTIES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESI PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the 1997 enacted Ordinance S~andards. Procedures and Board of Count' Commissioners of Collier Count.v on Septembo' 2.~. No. 97-4g es~blishing a Uniform Ufili~' Operating and Regulator' Monthly Billing Schedule Ordinance; WItEREAS, the Bowd of Count.' Commissioners has determined that it is in the best interests of the public's health, safety, and welfare to provide for irrigatiort~lawn sprinkling regulations: penalties and enforcement of any viol~tions thereto; and adopts a time and material rate for labor, equipment, paris and supplies. NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO.%IFIISSIONERS OF COLLIER COL,~TY, FLORIDA, Ihat: SECTION ONE: That Ordinance No. 97-4g is hereby amended to read as follows: SECTION THREE. District Rates. Fees. Charges and Regulations. 3.3. Dis~ct Rates. Fees and Charges other than .Monthly User Fees. A Me,er ins~llation charffes to be paid to the Dis~ct shall be as follows: Meter Size Meter Tapping Cha~ge 3,'4" $260.00 I" $3.~0.00 IV:' $.~00.00 2' $6OO O0 The fees in this subsection are based upon meter installation for a ~. pical single famil.', rcsiden:ial street In all o~her circumstances the meter installation fee sh.~ I be based upon the District's actual cost for time and materials. Fr,' meters la:get than t'.,.o t21 inches, the materials and labor for ~ns:allation of such meters shall be furnished b> the dexeloper in accordance aith District reqT;irements and specifications and dedicated to the District in accordance %,.'ith Count.' ordinances, at no cost to the District. 3. All meters txgo inches (2"1 or smaller x~'ill be installed b.v thc Distric~ and shall remain the property of the District. 4. Meters must be lef~ accessible to District employees at all times. 5. When an>' propen? owner. ~'ho has a v,-ater meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the Word~, underlin¢tl are added. ~ ords ;~.:L :~:~.~'~ ai'¢ deleted 1 2 40 41 property o,~'ner shall be given no credit for tapping charges paid on the smaller meter in accordai~ce with the above schedule. There shall be no refunds or credits given to any propert2:' owner requesting a smaller meter. B. TemporaO,' Meters. 1. Tempor~' meters may be ins~lled a~d removed by the District. The fee for such inst~llation ~nd removal shall be based upon the District'; actual costs for f. me ~d materials. 2. The tempor~,' me, er charge for sen'ice shall be based upon the non-resldemi~l monthly av~ilabiliv,.' a~d volume charges. C. The following lis~ of charges is established for user sem,-ices: I. Nc~' Accounts S 20.00 2. Meter Removal or Lock S ~0.00 3. Turn On After Hours S 50.00 4. Meter Removal or Lock After Hours $100.00 5. ,Me~e~ Initial Re. Read $ 20.00 6. Meier Te~nd Re-Read $ 35.00 ?. Non. Emerlency Shin O~s $ .~0.00 $. Account Rcins~tement (less tha~ or equal to ! 5 d~ys) $ 30.00 (plus f~ll l~)mcnt ~nd delinquenc} fees1 9. Account Reinstatement (greater than 15 days) S 50.00 (plus full pa.xment and dcllnqucnc.,, fees) D. Effluent irrigation usage in each Dismct shall be al thc follo,*ing schedule: Service Volume Meter Size Availability Chaxge Per 1.000 Gallons Charge 58% 3,'4' S 4.35 S0.13 1" $ 10.90 S0.13 I - I ~' S 21.75 S0.13 2' .$43.50 50.13 3" S 87.00 S0.13 4" $174.00 $0.13 6' $227.00 50.13 8" 5407.00 SO, 13 Excep~ in cases ~here a ~gvinen agl'eement between the District and the property o~'ner establishes a minimum gallonage monthly effluent rate that carmot be changed unilalerally b.~ the District. all golf course and other bulk sales of effluent shall be sold and billed in accoMw~ce ~ith this section. E. Late I~} ments for monthly user fees are subject to a charge of 5% on the unpaid balance after the ~ue date on the bill. F. The rates, fees ~nd ch~.rges as established in this Section Three shall be reviexYed on an annual basis to ensure adequate revenues for District system operation, maintenance. renewal, replacement, enhancement and debt sen'ice costs. O. The District's lime and material ra~ for labor, e0uiomem, p~rts and sur, t, lies ,~hal: be based CP actual Costs and shall be revised annu~lh'. OC~¢ral apd {~minislrativc 9. ords ynderlined are added, words ;.~,;:L :.",~:ug~ ar~ deleted. JUN 1 6 e~'erhead shall ~ added at a rate of I.<%. Time and material rates shall be at-,rqied l~.rformed ~' Count'.' ocr~onn¢l not orovi~¢d for u~der send,rd adon~ed ! 4 SECTION FOUR. Irrigation'Lawn Sprinkling Regulations. 4. i. Purpose. 6 From time to time, olxrational conditions may limit the abilit)' of the District or any ? other authorized water pu~'¢yor providing water s~r,'ice in Collier Count,.'. Florida. to supply ! potable ~d/or non-c, otable water. A deficiency in normal rainfall causes increased demands in the District or operating area of an authorized water pur,'¢yor which ma.&' exceed c: :~: :'-':~0.~-"-'- ;'-':::: ~"-'.--'::-:~? water system facilities g-~!g::.:::-~ ~'l;i~ned capacity.. II These operational conditions or incr~¢d demands may cause water pressures lower than 13 agencies, regulations, or ~'-::.'~ !--.'.'- :: :~'-~ :.-':::'-:"7 to properl) operate the water syslem 14 of the Districts or the authorized water pUl'Vt/or. These reductions in system pressure ma.,,' I~ pose a threat to the health, safe~', and welfare of the citizens of Collier Count'. The potential 16 threats ma)' occur in relatively short time periods, requiring immediate action to protect the 1~ public heahh and prevent damage to the District's and authorized water purveyor's water I! facilities. Accordingly. there is a need to establish irri~ation/]av,'n sprinkling restrictions to la pro~ect the public heahh, safely and v,¢lfar¢. -'o 4.2. Regulations. :1 A. The following regulations are hereby established governing the use of potable :2 ~ water for ilTi~atiortqawn sprinkling from the Dlsu'~ct's or any other :.~ authorized water pur.'eyor's water system in Collier Count.',' during emergency conditions ~.~ within the unincorporated areas of' Collier Count)'. As there are separate areas which are :.< supplied ',h~'ough s~parate t'acili:ies and water sources, these regulations ma.,,' be applied to an.,.' :6 one. all or any pop:ion of the designated areas or s~stems, del~ndent upon the nature of' the _" emergenc.v. :! B. The Board of Coumy Commissioners hereby aulhorizes the Count)' Administrator. 2~ or his designee, to implement said regulations whenever the Count.',' Admhistrator has 30 received notice frmn District staff, or the s~aff of an authorized water purveyor, that becau~ .~1 of natural or operational conditions, the District's or authorized water purxe.,,or's baler 32 facilities are inadc:~uate ~o meet ~'stem demands, which may affecl the health, safety.' or 3.: welfare of the citizens of Collier County.. The Count)' Administrator. or his designee, may' .~a impose said regulations ~ithou! approval from the Board of County Commissioners. if it is .~.~ determined that time restraints required for Board approval would cause an undue risk to the 36 residents or water facilities of the District or the amhorized water purveyor. The Count)' y~ Administrator. or his designee, is required to seek approval from the Board of Coun:.~ .~ Commissioner at the first available regularly scheduled session, or spt'cial session, to maintain 'a.'or~h ~ ~e added, v.o~ds ,~.e.h-al~ev~ arc d¢le~ed ! JuN li515 $ I .. I ! I enforcement of said reQulations. A; Ibc conclusion oF the emergency, thc Count' ] ~ 2 Admini~or. or his designee, shall ~i~ ~id regulations, ~less o~he~se directed b)' ] ~ 3 Bo~d of Count' Co~issionem. ~e Regulalions ~e ~ ~ follows: 4 ~ ...... r ........... r I ~: 12 10~:: F~ ..................... .- ~--- Irri~ation~ n Sprtakiin[ of Established had~**ape Ma%ertll$ (o~,er ..xO days old) ODD ,~'L',MBERED ~,DDR£S.~ES iA'at,rrmI Fermi'ned on T~-~ Thur~ & Sat: fi*o~ midn~hl 1o 6 atn Cat WashinQ - Sa~rda.'. mad SundJ.*.. 6 mrn lo 10am Phase II - Rtstri~lions iA'aleqn$ ~rrn~ned on Tuts & S~. onl}. fron~ midm~ht to 6 Cat ',A'ashWlt - Sa,'urd~') and Sum)da); 6amto 10am Irr~attoa,qJwn Sprtnklinl of £ltablished l. Jndsca~ Malerhls (~er .~0 da~ old) iA'mtcrmj i~rrnilled o~ l~,'ed. Fn & from midnilhl to 6 am Car iA'~hinI · Sarurda} and Sunda); 6amlo 10am ~,'atel*mI perrnilled on iA*~d ,t Sun onl).; from midn,~ht lo 6 am Cat iA'ashinl - Saturda), and Sueda); 6 am to 10am Pha*e Ill - Rtsirkii~v21 Nlk atttin! parrot.ed on Sat'utda.', o~1). iA atermS petmtned on SuncLm) fi*om mvdm~ht to 6 ara from m~nK;.hz Io 6 am Cat ~, ashmf - Prohibded Cat WJshml · Ptohibiled iA or.is )L~.dcrllncd are ~dd¢,l. ~ord* ~ are dctl"t~. ;! I rr~,,tkm~l, jw~l Sprtnklin; of (i~s thin ~0 ditvs Phase I - RestrictiOns, Phi~e II · Re~lrkttons Phn~ I11 - Rfltrletlons ODD A~D £~,'EN ',;UMBER£D ADDR£~S£S Watetinl: permitted ~ M~. ~'cd. ~. · Sun.: fr~ m~ni~h: ~o 6 ~ C~ · ~~:~ ' all~ l0 m~ r z~e. ~e time wzt~ml ~mtd ~ Wed Fd, · Su~.; ~ m~ni~t to 6 u Cle~ · ~u~ fl~ ~z:~ ~m - allo~ 10 min~ ~ ~ c. ~ I~me Clean · ~jus; ~em - a11~' 10 m~mfl ~ z~e. ~e time 2 ~ a.3. HardshipA'ariance Procedure. 4 A. Under cxtraordinao.' conditions the ~"'.~,-'-~ _r C::--..%' ~ 6dministrator or his desi_enee may grant a variance to the regulations adopted in this section. 6 An) request for a variance must bc submitlcd b}' the affected District or ~lter purrs'or in : v, Titing tO the CounP..' Administrator ~' ; B. A request for a variance submitted b)* I District or water purveyor may be granted 9 ,*hca thc District or water purxe,vor provides a WTitten statement ~'hich indicates that · Io hardship exists due to operational conditions ~herein the District's or water purveyor's ~-stem 11 cannot meet s}'stem demands caused b? the implementation of the regulations set forth in this 12 Section and setling forth the variance requested. 1.~ C. A request for a variance submitted by a property, owner ser,.'ed by a District or 14 water pur,,'eyor may be granted when the property owner provides a ,~Titten statement which 15 indicates that the property owner will suffer a substantial hardship due to the implementation 16 of the regulations set forth in this Section and setting forth the variance requested. Any I: request for a variance submitted by a property o~-n.:r shall first be reviewed and approved by ~8 the District or ~ater pur,,'eyor. I~ D. Any variance granted b.~ the P.c::'~ .r r- ....... r',----:--: ..... ~'guntv :o A4ministrator or his d¢siene¢ shall be the minimum necessary.* to alleviate the hardship :~ created b.~' thc implementalion of the regulations set forth in this Section. ,.: IL t- :..'. :~::g:::,::- ^ ..... ~ ~*.- :,* :{m: ,%.-.::r:!,~'.~. '~" t- ....... ~ 4--:-: ... , ......... , ......... ; .................. 24 ~.'ord~ ~ni~¢rlined are added. ~ord$ ~ are $¢1c~¢d PC,. I 4 6 II I? 17 15 I0 2O g.E. An>' vaxiance granted under this Section shall terminate upon the hardship no longer existing. ~c ~natfics for vncontcstcd violations o~this ~iflanct shall ~ onc hundrcd dolta~ ($100 ~) rot thc ~st o~cnsc. T~'o hun~rcd fovr hundred doll~,s (S400 ~) for th~ third and sub,quit offcfls~5). Each ~on -ho. or cndt~' Ihat. contests any v~olafion of this five hundred dollars (S~.~) for each contest C)udons for ~'iolatlons of lhi~ Ordinance ma~' ~ issued oursuant to CoH~,r Count' ~dinanc~ No. 97-35 (the Citalion Ord~nance~ v~cl~ti0ns of Ibis Ordinance m~ ~ ~forccd ~d~ Chaplet 16~ er Florida Sta~l~st~.69, ~r un~r I-6 of ~h~ Count's C~ of La~ ~d (~din~ces. ~o ~n shall ~ i~d f,~[ any ~iola~ion of this Ordinance cxc~p~ a~ ~' ~ ordered by a iudce ~au~ of dir~l qgr~em~t of co~ 9r ~qtiT~ ~hal] constitute a ~ep~-ate B All fines coltec~ed eursuan~ to this Ordin~ce b~' lh~ ~e Enforcemenl Deranment shall ~ u~cd b~ the Q~r Enforcemem De~anmenl ~o fund enfo:ccment of this Ordmance ~8 or o~t Co~nt~ Qrdinance~ SECTION TWO; Conflict and Se~erabilit% The prov~ :ions of this ~dinance shall ~ li~mlly construed to eff~tively ca~' out its ru~sed m the mteres~ of pubhc heah~ safe~'. ~'elfare. and convenience. If ~y ~ction. p~ase, sentence or ~nion of this Ordin~ce is for ~>' rein held invalid or unconstitutional h>- ~y cou~ of com~{enl jufi~icfion, such ~ion shall ~ deemed a scp~{e, distino. ~d inde~nder, t provision. ~d such hold shall not affect ~e validity of Iht remaining ~Mi~s thereof. I ~'ord~ underh~e~ are added. ~,ords ,.~.n,4~n+a~ are deleted SECTION TttR£E. INCLUSION IN THE CODE OF LAWS AND ORDIN ~NCES, ~e rro~ mons of Ibis Ordinance shall ~come ~J ~ made a r~ of thc C~e of La~s ~d Ordin~ces of Coll~er Count}. FIo6da. ~e ~ctions or the Ordimce ma} ~ renum~red or releucred ~o accomplish such. ~d ~e ~ord 'ordin~cc ma} ~ changed ~o '~chon'. '~iclc'. or ~} o~her appropriate n~ord ? tL 9 I0 l} 76 I? 11 19 :6 :? ~6 SECTION FOUR, Effeclh'e Dale, This Ordinance shall become effective upon being filed v, ith the Depar'.ment of State. PASSED AND DULY adc, pied by thc Board of County Commissioners Collier Count:..'. Florida. as thc Governing Body of Collier Cou~. Florida. and as Ex.O~cio the Governing Board of the Collier Coun~ ~.'ater. Se~er District. thc Marco Wa~er and Sewer District. and thc Goodland Wa~er District. this .. day of .1998. A'VrEST: DWIGHT E. BROCK. CLERJ( Deputy Clerk BOARD OF COUT,;TY COMMISSIONERS COLLIER COD,~TY. FLORJDA BARBAFL~. B. BERRY. CHAIRMAN Arpro~ed as to form and legal suffi¢ienc',: Thomas C. Palmer. Assist::m Count.', Anoint.,. . .letlme. ~ e ad,lcd. ,*otds ...;; ........ :. are deleted EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88-28, AS AMENDED, WHICH ESTABLISHED THE MARCO ISLAND BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECOMMENDATION: That the Board of County Commission.s consid~ the adoption ofm ordinance rcp~g Collier County Ordinance No. 88-28, 'a~ ~tmended, to 'dissolve the Marco Island Beautification Advisory Committee. CONSIDERATIONS: On July 21, 1981, the Board of County Commissioners adopte~t Ordinanc~ No. 81-35 creating the Marco Island Beautification Municipal S~.,dce Taxing unit. This Ordinance provides for the creation of a Marco Island Beautification Advisory Committee On March 1, 1988, Collier County adopted Ordinance No. 88-28 confirming the creation of the Marco Island Beautification Advisory Committee. This Ordinance was amended on April 14, 1992 by the adoption of Ordinance No. 92-21. On August 28, 1997, the City ofMarc° Island voted to incorporalc.. On March 30, 1998, the City of Marco Island terminated the Marco Island Beautification Municipal Service Taxing Unit by City Resolution No. 98-3-30A. On May 26, 1998, the Board of County Commissioner~ adopted Ordinance No. 98-42, repealing Ordinance No. 81-35 and abolishing the Marco Island Beautification Municipal Service Tax Unit. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT; None RECO~hMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing, in its entirety, Ordinance No. 88-28, as amended. _ David C. Weigel L.d i',~.,~,,,.. ,...f.,,. '~' County Attorney JUN 1 Ii ffi 2 ? 8 9 i0 II 12 ORDINANCE NO. 98- ,, AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88-28, AS AMENDED, WHICH ESTABLISHED THE MARCO ISLAND BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 21 1981, the Board of County Commissioners adopted Ordinance No. 13 81-35 creating thc Marco Island Beautification Municipal Service Tax Unit; and 14 WTIEREAS, on March I, 1998, the Board or County Commissioners adopted Ordinance 15 No. 88-28, which established the Marco Island Beautification Advisor/Committee; and 16 WHEREAS, on April 14, 1992, the Board of County Commissioners adopted Ordinance 17 No. 92-21, which arnended Ordinance No. 88-28; and 18 WHEREAS, on August 28, 1997, the City of Marco Island voted to incorporate; and 19 WHEREAS, on March 30, 1998, thc City of Marco Island ten'ninated the M~rco Island 20 Beautification Municipal Service Taxing Unit by City Resolution No. 98-3-30A; and 21 ~q't EREAS, on May 26, 1998, thc Board of County Commissioners adopted Ordinance No. 22 9S-42, repealing Ordinance No. 81-35 a,~d abolishing the Marco Island Beautification Municipal 23 Service Tax Unit. 24 NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COU'N~Y, FLORIDA, that: 26 SECTION ONE: Repeal of Ordinance No. 88-28, as amended. 27 Collier County OTdinance No. 88-28, as amended, is hereby repealed in its entirety. 28 SECTION TWO: Conflict and Severabiiity. 29 In the event this Ordinance conflicts with any other ordinance of Collier County or other 30 applicable law, the more restrictive shall apply. Ifany phrase or portion ofthis Ordinance is held 31 invalid or unconstitutional by any court ofcompetent jttrisdiction, such portion shall be deemed a 32 separate, distinct and independent provision a~d such holding shall not affect the validity of the 33 remaining portion. 34 SECTION TItREE: Inclusion In The Code Of Laws And Ordinances. 35 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 36 Ordinances of Collier County, Florida. The sections of the Ordinances may be r~ JUN 16 1998 relettcn.'d to accomplish such, ~md the ~ '~in~c' m:y ~ ch~g~ to "~ion,' '~iclc." m ot~ ~prop~ate word. SE~ION FOUR: Eff~tivc Date. ~is ~din~ shall ~e cff~ u~n filing ~ ~e ~~t of S~tc. PASSED ~D DULY ~D by ~e ~ of County ~i~ion~ of Colli~ Co~, 6 Florida this .. day of_ ,1998. 7 8 9 10 II 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved u lo form ~d legal sufficiency: David C. Weigel County Allot'ney DCW~ltFA&n By: BARBARA B. BERRY, Chairman JUN 16 1998 EXECUTIVE SUMMARY AN ORDINANCE PROVIDING FOR PARTIAL FUNDING FOR A LEGAL AID OFFICE IN COLLIER COUNTY; PROVIDING FOR AUTHORITY FOR SAID FUNDING; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR COLLECTION AND USE OF FUNDS; PROVIDING FOR CONFLICT AND SEVER.ABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. The intended purpose of this Ordinance is to provide a significant part of the annual funding necessary for the establishment and operation of a Legal Aid Office to be established by the efforts of the Collier County Bar Association to assist qualified indigent residents of ColIier County with family law Iegal problems. CONSIDERATIONS: On April 7, 1998 the Board of County Commissioners ("Board") voted unanimously to direct the Office of the County Attorney to prepare and advertise an ordinance to partially fund a Legal Aid Office to be established through the efforts of the Collier County Bar Association ("CCBA"). The attached proposed Ordinance is authorized by sections 28.2401, 28.241 and 34.041, Florida Statutes. Pursuant to the Board's direct;on at the April 7'~ public meeting, Sections Three and Four b. of the Ordinance specify that the funding raised by the Ox~,inance shall be used exclusively for the establishment and maintenance of a Legal Aid Office for qualified indigent residents of Collier County. The Ordinance establishes, in Section Four, service charges/fees in the amount of$10.00 to be charged in probate matters and in civil actions filed in the Circuit and County Courts of Collier County. An account/fund shall be created exclusively for the purpose of partially funding the Legal Aid Office. A budget for the expenditures of these funds shall be established annually by the Board. All unexpended funds at the end of each fiscal year shall be carried forward in the account/fund to the next successive fiscal year and expended exclusively for the Legal Aid Office as set forth in the Ordinance. The CCBA is in the process of establishing a separate not-for-profit entity to be known as the Collier County Legal Aid Society, Inc. to run the program. The CCBA is contributing significantly to the funding of the Legal Aid Office through a dues increase which its members have previously approved as well as through continuing efforts to obtain private and grant funding. AGENDA ITEM Noo~ J U 1 6 1998 Pg._ / FISCAL IMPACT: Service charges/fees in the amount of $I0.00 will be charged in probate matters and in civil actions filed in the Circuit and County Courts of Collier County. Estimate for Legal Aid Budget: Expenditures Personal Services $ 62,000 Operating Expenses 25,300 Capital Outlay 12,500 Reserve ~ Total $ I 10,000 Revenues Service Charge/Fee $ 85,000 Bar Membership Dues 25.000 Total S 110,000 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners consider approval of the attached Ordinance to provide for partial funding for a Legal Aid Office to be established by the Collier County Bar Association in Collier County. Prepared by: Ramiro Mafialich Chief Assistant County Attorney &-/c Date Approved by: (-,-od'-David C. ~eigel County Attorney Date AGENDA ~TE~, No.~ 2 JUN 1 998 r~.~..____ 1 2 3 5 6 7 8 9 10 !i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 98-~ AN ORDINANCE PROVIDING FOR PARTIAL FUNDING FOR A LEGAL AID OFFICE IN COLLIER COUNTY; PROVIDING FOR AUTHORITY FOR SAID FUNDING; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR COLLECTION AND USE OF FUNDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 36 37 ~,VH£REAS, Sections 25.2401, 28.241 and 34.041, Florida Statutes, authorize the governing authority of the County to enact service charges and/or fees by ordinance for the funding of a Legal Aid Office; and WHEREAS, said service charges may be imposed, pursuant to Sections 28.2401, 28.241 and 34.041, Florida Statutes, in probate matters and for civil actions filed in the Circuit and County Courts; and ,~t,~EREAS, thc Collier County Bar Association has led the local efforx to establish thc Collier County Legal Aid Society, Inc. to initially handle family law legal issues for indigent residents of Collier County; and WHEREAS, the members o." the Collier County Bar Association have voted for and approved a dues increase to provide partial funding for a Legal Aid Office; and %LqdEREAS, thc currenl indigent legal representation needs in the County exceed the Bar Association's pro bono capabilities which are also not expected to be able to meel lhe needs that will exist in the future due to ~owlh in the County: and ~,~,q-IEREAS. the Collier Counly Bar Association has informed the Board of County Commissioners that additional funding for Ibc Collier County Legal Aid Society, Inc. shall be sought from grants as well as through private donations from the community; and W'HEREAS, the Board of Count)' Commissioners hereby finds that providing funding assistance for the Collier County Bar Association's efforts to establish ~nd maintain a Legal Aid Office helps to address a public need and serves a lawful and necessary public purpose. -1- ! 2 NOW, THEREFORE, BE IT ORDAINED BY THE 3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: BOARD OF COUNTY SEC'I'i ON ONE. Authoriq,' This Ordinance is created pursuant to the provisions of Sections 28.2401, 28.241 md 34.041, Florida Statutes, which authorize the County to impose, by ordinance, service charges and/c~ fees in' probate matters and in civil actions filed in the Circuit and County Cou~ts to 8 provide and maintain a Legal Aid Office. 9 SECTION TWO. Title and Citation 10 This Ordinance shall be known and cited ~s the "Collier County Legal Aid Office I I Funding Ordinance." 12 SECTION THR~E. Purpose and Intent 13 It is the purpose of this Ordinance to provide funding, as authorized by Florida Statutes, 14 to assist the Collier County Bar Association in the establishment and maintenance ora Legal Aid 15 Office for qualified indigent residents of Collier County. It is the intent of this Ordinance that 16 the role of the Collier County Board of County Commissione~ (hereinafter referred to as 17 "Bozrd") shall be limited to being a partial funding source for thc Legal Aid Office to be 18 established by the eft'ohs of the Collier County Bar Association (hereinafter "CCBA"). The 19 Board shall nol super~'ise nor control said Legal Aid Office nor shall the Board supervise the 20 services provided under said program. 21 SECTION FOUR. Collection and Ese of Funds. 22 a. As partial funding for i,~e Legal Aid Office to be established by the CCBA, the 23 Board hereby directs the Clerk to collect, effective July 1, 1998, the following service charges 24 and/or filing fees pursuanl to the aulhority contained in Sections 28.401, 28.241 and 34.041, 25 26 27 28 29 30 Florida Statutes.: l) A service charge of $10,00 in probate mauers for any party instimling formal administration, guardianship, ancillary curatorship, or consetvatorship proceedings in Collier County. Such charges shall be in ~dition to other lawful fees allowed to be charged by the Clerk and shall be for the purpose t fproviding and maintaining a Legal Aid Office in Collier ACIENDA ITgM -- County. .2. I 2) A fcc ot' $10.00 for each civil action filed in the Circuit Court of Collier 2 County. Such fee shall be in addition to other lawful lees charged by the Clerk and shall be for 3 the purpose of providing and maintaining a Legal Aid O~ce in Collier County. Notwithstanding 4 any other provision or' this Ordinance, and pursuant to Section 741.30, Florida Statutes, the total 5 charges and fees for any court to issue a domestic violence injunction under Chapter 741 or 6 Florida Statutes, shall not exccext S$0.00. ? 3) A service charge of $10.00 to be pa~d by the plaintiff in any civil action ot 8 proceeding in Collier County Court. Such charges shall be in addition to otho' lawful fees 9 allowed to be charged by the Clerk and shall be for the purpose of'providing and maintaining a ! 0 Legal Aid Oft'ice in Colller County. 11 b. There is h~reby created an account and/or fund for the Board of County 12 Commissioners known as the Collier County Legal Aid Offce account/fund. Said account/fund 13 shall be adrninislc~ed by thc Clerk of' the Circuit Court and shall be used to deposit service 14 charges and/or fees collected pursuant to this Ordinance. The funds provided by this Ordinance !:5 and deposited into this account/~und shall be expended only for the purposes of establishing, 16 staffing, equipping, furnishing and operating a Legal Aid Office for the representation of 17 qualified indigent residents of Collier County. A budget for expcnditur..-'s ofthes¢ funds shall be 18 established annually by lhe Board. 19 c. All unexpended funds in Ihe Collier County Legal Aid Office account/fund at the 20 end of each fiscal year shall be carried forward in said account/fund to Ihe next successive fiscal 21 year and expended exclusively for the Legal Aid Office as set forth in this Ordinance. 22 SECTION FIVE. Conflict and Se~,erability. 23 In the event this Ordinance conflicts with any other ordinance of Collier County or other 24 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 2:5 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 26 separate, distinct and independent provision and such holding shall not affect the validity of the 27 remaining portion. 28 SECTION SIX. Inclusion in the Code of Laws and Ordinances. 29 Thc provisions of this Ordinance shall become and be made a part of the Code of Laws 30 and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumb -3- orAGENDA ITEM No. ,, J 1998 relettered to accomplish such, and the word °'Ordinance" may be changed Io Section, 'Articlc", or any other appropriate word. SECTION SEVEN. Effective Date. This Ordinance shall become effective upon filing with thc Dep~'tmcnt efState. PASSED AND DULY ADOPTED by the Board of County Commissionen of Collier County, FIo6da, this . day of j 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 8 9 10 I1 12 13 14 15 Approved a~ lo form a~d 16 legal ~u fficiency: 17 22 ChiefAssislant County Attorney 23 By: BARBARA B. BERRY, Chairman ~ ,~ EXECUTIVE SUMMARY i~ 'ACCEPT A CONSERVATION EASEMENT AND ACCESS EASEMENT FROM THE TRUSTEES OF NAPLES SOUTH CONGREGATION OF JEHOVAH'S WITNESSES. ~: Accept a Conservation Easement and an Acce~ Easement from Ferrll A. Boutllter, Larry H. Chadwick and Randall T. Nelson, as Trustees of the Declaration of Trust for Trultees of Naples ~outh CongmgaUc~ of . Jehovah's ~ under that Agreement dated May 1, lggT. Commissioners establishing A Church Conditional Use 2 In the RMF-~ Zoning District pursuant ~ _Sect~__ ~.$.3~ the Collier County Land Development Code for the properly located in Section 13, Township 50 South, Range 2.5 East, Collim' County, Florida. Prior to approving Site Developme~ Plan #97-1g, the Environmental Services Division, Current Planning Berlioz, i~ requiring the recording of a Conservation Easement from Ferrll A. Bouffiier, Lam/ H. Chadwick and Randall T. Nelson, as Trustees of the Declaration of Trust for Trustees of Naples 8outh Congregation of Jlhovah'l ~ under that Agreement dated May 1, 1997 to Coffier County. The conservation Easement is shown on the attached legal description and sketch. An Access Easement is also being conveyed to provide the necessary acce~ to the Conservation Easement. The Planning Services Department and the County Attorney's Office have reviewed and approved the Conservation Easement and Access Easement. FISCAL IMPACT: Total acquisition and recording costs shall not exceed $1130.00, which will be reimbursed from the Trustees of the Church. Funds in the amount of $100.00 are available in: Fund 001 General Fund Cost Center 649030 - Real Property Admini~ration Project n/a - None GROWTH M/~Nr~,(~EMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners accept the attached Conservation Easement and Access Easement to Collier County from Fen'il A. Boutiller, Larry H. Chadwick and Randall T. Nelson, as Trustees of the Declaration of Trust for Trustees of Naples $0ufh congregation of Jehovah's Witnesses under that Agreement dated May 1, 1997, and authorize staff to record '.he Conservation Easement, Access Ecsement and any other documents required to clear title, in the Public Reco:ds of collier County, Florida. PREPARED BY' REVIEWED BY: APPROVED BY: Emie W. Kerskie, Real Property Specialist, Real Property Management Department ,' ;'.. /'/~: DATE: ~' /"'"' "Jr ~t~phen Lenberger, Environmental S~cialist, PS/Current Planning ~n~ent A. Cautero, AICP, Community Development & Environmental Services Administrator JUN 998 CONSERVATION EASEMENT THIS CONSERVATION r. ASEM~NT, m~de ~d ~r~l h~to ~ ~ ~ of ~DALL T. ~ON, AS ~US~ES OF ~ DE~ON OF ~U~ FOR ~US~ES OF NAP~ SOU~ CONG~GA~ON OF ~HOVAWS ~~ ~DER AG~EME~' DASD ~E Ist DAY OF ~Y, I~7, ~ ~ling ~d~ is 4575 R~in Avmue, Nspl~ ~odda 341~, u ~tor, to CO~R CO~, s ~liti~ ~i~ of ~ S~e of ~od~ its ~cc~n ~ ~ ~ ~ ~ is 3301 T~ T~i ~ N~I~ ~ 34112, ~ ~. ~ ~ t~r ~in ~ ~ ~ ~ ~ ~') WITNESSETH: WHTr...R~AS, Grtntor is tl~ ~ of cec,~n ~ property Iocsted ~ ~ ~, ~ r~ ~~ r~ to u ~ro~"); ~ ~AS, t~ ~tor is r~ir~ to ~nv~ ~n~ati~pr~tion ~s to ~ ~ ~r~ ~th Co~itio~ U~ P~ition ~U-~, ~ ~ t~ ~ of ~ Co~o~ on F~ 11, I~7; ~ ~~, t~ ~, ~ ~d~fion of ~ ~ ~t~ ~ ~~ U~ ~U-~23 is s~le to ~in$ ~ ~fing to ~ ~ * ~ ~don NOW, ~0~ in ~tion of t~ tp~ of ~itio~ U~ P~n ~-~ 23, ~tor ~ ~t~ ~t~ ~ ~li~ = ~u~ ~on ~t r~ t~ 1. It is t~ ~ of t~ C~ion ~t to r~n ~ or ~t~ ~ in t~r for fi~ p~ts or ~l~e. ~t: ~n ~ in ~ ~ t~t ~il ~ ~~ im~e ~h the ~ ~ ~e ~o~ ~th ~s Coition ~ ~ to ~or~ t~ ~i~ of ~ ~ ~ f~ of t~ JUU .1998 2. The foUowing ~ctiviti~ ~ ~ol~'bit~ in or on ~ Cor~.rv~ion Ara: L Construmion or pl.:ins ol'buildings, ro~ds, signs, billbom'ds or other ~dv~ising. utilities, or other gruct~r~ on or ~ov~ the ground; b. Dumping or pla:ina of so~ or oth~' mb~ or material u I~ndfill. or dumping or pl~.'ing of trash, was~c, or unsightl~ or offensive ma~e~s; c. Remov~ or destruction ot' trees, si~ubs, or other veget~ ~xc~pt for the removal of exotic vegetation u required by the Colli~ County g~cordanc.~ with a Crr~nto~ ·pprovod n~interm'~ plan; d. £xcavuica, dredging, or ~ or ~ i~t, gr~v¢l, ~oi~ rodg or other material mbs~a-~c~ in mc.h rn~nn~r u to ~ff'oct the e, Surt'~'.~ u~ ~¢~.'~t t'or ~ that I~rmit the t~r~l or w~t~ "r~ t° gm-in in its ~ cor~ition; £ Activities d~Hmental to drainage, t~ood control, water con.servatiorg erosion control, ~oil conso'v~tiorg or fish ~ wildlife habitat pr~-o,'~tion; g. Acts or u~ d¢~irn~al to tach ~orenx. ntloao:l 3. Grantor r~-rvm all rights as owner of the Conservation Ar~ including tbe fight to engage in uses of the Cons~'vation A~ that ~re not prohibltod herein. C.~tor rr~)' install · mulch path or construm · boardwalk subje~ to obt,,;ning and complying with all necessary approvals, I~rmit$ and any other documentation required prior to s~ch ins~all·tion. 4. No right of' access by the general public to ~y portion of the Conserwtion Are~ is conveyed by this Consc~'v·tion E.~sement. 5, ~tee shall no: bc responsible for any cos'ts or li~ilities r~lated to the operation, upk~p ami n~intcnanc~ of the Cons~v~tion A~rea. 6. Grantor shall pa), ~ny and all r~tl proper~y t~es ~.'~d usessments levi~ by competent ~thority on the Conserv·tion 7. Any costs incurred in cn/orcing, judicially or otherwise, the terms and re.fictions of this Conservation .Easement shall he borne by and rec. over~blc ·galnst the non-prevailing p~'~y in ~ch pro,:~ings. $ En/orcement of the terms ~nd provisions of the Conservation Easement shall be at thc rea~or~ble discretion of Gr~tee, and ·ny forbearance on behalf of Grantee to exercise i~s righzs hereunder in the event of ~.rr~ breach hereof by Gr~tor, shall not he deemed or construed to I~ · waiver of Gran~e's rights hc~und~r, 9. Crr~tee will hold d~.is Cor~'v~tlon ~ ex¢luslvely for con.s~'v~tion purposes Granto~ will not assign its r~ghts ~nd obligations under this Conservation Easement except to anoth~ organiz~tlon qualified to hold tach interests under the applicable state 10. It'~ny provision or' this Conservation Easement or the application ~hereof to any person or circumstances is found to b~ invalid, the rem~',inder of the provisions of this Conservation F.&s~ment ~hall not he ~t'~ed thez~y, as long as the purpose ot' the Conservation Easement is 11. All notices, c. or~nts, approvals or other communic.~tions hereunder sh~l be in writing and shall be deemed prOlX'rty given if sent by Ll~ed State~ c~'~ifled n~il, mum r~ceipt requestod, ~ddressed to the appropri·te pa~ or ~uc~:essor-in-imereg. JUN 1998 ]:2. The terms, conditions, restrictions and purpose ofthis Conserv~ion Euemcm shall be inserted by Grantor in any rub~iuent deed or other legal instrument by which C-r~tor divests i~self of wy interest in the Conservation Area. Any future holder o£ the Crra~tor's interes! in the Conservation Area shall be notified in writing by Cn'tmor o£this Conservation E. as, enmnt. 13. This Conservation Easement may be amended, ,,itered, r¢le. tsed or revoked on)y by written ~re~'~ent between the pmies hereto or their heirs, Msilpu ~nd successors-in.interest, whkh shadl be flied in the public records in Collier County. TO TL~.VE AND TO HOLD the ~ unto the Cn'~ntee, ha successors ~d usi~na £orever. The covenants, terms, conditions, res~rlctions exl purpose imposed with this Conser~don Easement shdl not ot,Jy be bindin udgns, ~nd si.gl comir~e as, servitude running in perpetuity with the Consetv~ion Area. ~ WiTN'~SS Wt-IL:R~OF, the ~tor has caused []CST .W~TNESS (Signature) - Fe~il A. Boutiltier, u Trustee of the Declaration of Trust for Trustees of Naples South Congregation of Sehovah's Witnesses L/ny H. (~ad~ 'cl~, ~S Trustee oft~e ~outh Congregation ofJehov~ s W]me~ses R~nd~l T. Nelson, u Trustee of the Declaration of Trust for Trustees of Naples South Congregation of lehov~h's Witnesses STATE OF cotmTy o~ _ __~a~foregoing Conservation Easement was acknowledeed before me thi, /~/d'~"( ,.. of Naples South Congregation o£Jehovah's Witnesses. H~me or who has produced ~ ~ as identification. (Affix note, rid seal) ..... ! ~ T~-a. O~c~al Notary Se'v~ce ] t ~-(mo~ r,,~ ~ I (Prim~ am e'-(~f No~a~) Commission # My Comm/ssion Expires: ~,~.~- · JU : 1998 STATE OF ~j COUNTY 01~ ..... ~ ~, .~foregolng Conservation Et~ment was acknowledged before me l~is ~ day of ~ ,1998. by Nelson T. Randall, u Tru~ee of the Dedaralion of Trust f~ Trustees ofN~ple~ ,~xflh Con~'eg~tion ofSel~v~'s Wimess~. He ~ l~~t~ me or who has produced ~ ~ ~ u identL~cation. _ (A.~x nota~ ~ _ _ My Commi.ion Expires: JUN 1998 Amon~o Trico, PLS ?~e~dent A. TRiC, 3 & ASSGCiATEF,, P~ofe=~[on~l ~nd Su~ve?o~ 2223 Tra~e Center Way ~aples, ~orida 33942 Exh~b~ "A" Page ~ o~ 3 LEGAL DESCRIPTION CONSERVATION EASEMENT (941) 594-8448 FAX (941) 594.0554 A portion of Lots 8 and 9, Block A, Guilford Acres, as recorded in Plat Book 3, Page 59 of the Public Records of Collier County, Florida and being more particularly described by letes and bounds as follows. Commencing ac the Southeast corner of Lot 8, Block A, Guilford Acres, as recorded in Plat Book 3, Page 59 of the Public Records of Collier County, thence N 00*00'00" E along the east line of said Lot 8 a distance of 302.86 feet to the POINT OF BEGINNINGI thence run S 81'37'33" W a distance of 30.46 feetl thence along a curve to the Left with a radius of 3e.ee feet, a delta of 37'39'22", and a chord bearing S 62°47'52' W 19.36 feet, a distance of 19.72 feets thence run S 43'S8'11" W a distance of 10.18 feet~ thence along a curve ~o the Left with a radius of 30.00 feet, a delta of 32019'32", and a chord bearing S 27'48'25" W 16.70 feet, a distance of 16.93 feets thence run S X1'38'39' W a distance of 45.38 re,ti thence along a curve to the Right with a radius of 18.7S feet, a delta of 78'30'~1", and a chord bearing S 50*$3'45" W 23.73 fee:, a dis:ance of 25.'69 fee:l thence run N 89*S1'10" W a distance of 8.24 feet~ thence along a curve to the Right wi:h a radius of 30.00 feet, a delta of 26°38'5S", and a chord bearing N 76031°43" W 13.83 feet, a distance of 13.95 thence run N 63*12'15' W a distance of 19.23 fee=l thence along a curve to th~ Left with a radius of 30.00 feet, a delta of 26'38'55", and a chord bearing N 76031'43. W 13.83 feet, a distance of 13.95 feet; thence run N 89'51'10' ~ a dis:ance of 37.79 feet~ thence along a curve ~o the Right with a radius of iS.Ce feet, a delta of 90'25'O9', and a chord bearing N 44038'36- W 21.29 feet, a distance of 23.67 fee:l thence run N OO'33'59' S a distance of 55.83 thence along a curve to the Right with a radius of 22.00 feet, a delta of 44'47°26', and a chord bearing N 22'57'41' E 16.76 feet, a distance of 17.20 feets thence run N 45~21'24' E a distance of 19.32 feet to the north line of said Lots 8 and 9, Block A; JUN'- 1998 ~xhibi~ "A" Page 2 of 3 thence run S 89'51'10' E along said north line a distance of 174.00 feet t°the northeast corner of said Lot 8t thence run S 00'00'00' E along the east line of said Lot 8 a distance of 19.97 feet =o the POINT OF BEGINNING. Containing 0.35 Acres, more or less. Prepared by ~lq~da Csertiflcate L$2982 at.ember 24, 1997 ~ee Sketch of Description JU~,i .~ 1998 Pa~e 3 o~ ~ SKETCH OF DESCRIPTION S.89'51 '10'E. 17,~.00' Existing 10' O/'oinoge Easement Curve number I N.Bg'51'10'W. CONSERVATION EASEMENT 0.35 ACRES 37.79' Rod;us= 22.00 Delta= 44'47'26' Arc- 17.20 Tangent- 9.07 Chord= 16.76 Chord Brg. N.22'57'41' £. Curve number 2 Radius= 15.00 Delta- 9CT25'09" Arc- 23.67 Tangent= 15.11 Chord- 21.29 Chord Brg. N. 44'.38'36" W. Curve number 7 /~ Radius= 30.00 -- Delta= 37'3g'22" /~ Arc= 19.72 Tangent- 10.23 .~$~-)~- /.~ Chord= 19..36 · Chord Brg. S.62'47'52"W. -'~J~~"~~ Curve number 5 Curve number 3 N.89'51'lO"W. Radius= 18.75 Radius= 30.00 Delta= 78'30'11' Delta= 26'38'55" Arc- 25.69 Arc= 13.95 Tangent- 15.32 Tangent'- 7.11 Chord= 23.75 Chord= 13.83 Chord 8rg. S.50'53'45"W. Chord Brg, N,76'31'45'W. Cucve number 6 Curve number 4 Radius= 30.00 Rodiu3= 30.00 Delta- 26'3~r55' Delta= 32'19'32" Arc= 13.95 Arc= 16.93 Tangent= ?.11 Tangent= 8.69 Chord= 13,83 Chord= 16.70 Chord Brg. N,76'31'4.T'W. Chord Brg, S.27'48'25"W, GENERN. NOTES: P.O.C. ind;cotea Point of Commencement P.O.B. ;nd;cotea Point of Beglnni~ All disto~e= ore in feet and ~,mol, thereof. East fi~ of ~t 8 OS ~i~ N,~'~E. Guilford Road 60' R/w Southeast corner ........ Lot 8, Guilford Acres A. TRIGO & ASSOCIATES, INC. DATE: September 24. 1997 PROFI:SSIONM. ~ SURVEYORS k P~'~ 22a3 ~DE C~R IAY O~ ~Y: AT S~LE: N.T.S. N~, ~DA 34t09 SHE~ ~_ OF 2 FILE NO. 97 0657.01o , , ~D ~UR~O ~~ ~ ~4 --- ' ACCESS EASEMENT THIS ACCESS EASEMENT, made ~ entered into this . Z~". day of ~.vp, f.~ , 19.q'~. by FERR~ A. BOUTIZ~R, LARRY H. CHADWICK Al~rI) RAh'DALL T, NELSON, AS TRUSTEES OF Till; D£CL~RA1]O~ OF TRUST FOR TRUSTEES OF NAI'LES SOUTB CONGRgGATIOI~ OF J"EHOYAI~'S WITh'ESS[.~ UNDER AGRa~£~Eh"r DATED TIIE I~ DAY OF MAY, !~7, whose n'.&ilin$ k:lclress is 4575 Robin Avenue, Naples, Ftori~ 34104. -, C.,rs~o~. to COLLIER COUNTY, a political sulxlivislon o1' the SLtte of ~ its successors and usi~s, ~ m~iling Iddress is 3301 Ta=~mi Tr~l Eut, Naples, Florlds 34112, ts Grs~ee. (Wherever ~ herein the lerms "Granto~ arid "Grantee" ~ all th~ pa~tie$ to this instrument and their respective heirs, legal re1:~e~, succe~som and assigns.) WITNE$$ETH: Grantor, for and in consideration of TEN DOLLARS ($I0.00) and other valuable consid~'ation paid by ~ G~mee, the recetp~ and sufficte~"y of which is hereby ~, h~'eby ccx'wey~, g~l~S, bafgairm and sells unto the Grantee, l peq:~rtual, non-exclusive access easement, lice¢~e, arKI privilege f~ access o~ the following described lands kx~ed tn Collier County. Florida. !o ~ The West 24 feet of the East 118 feet of Lot 8, Block A, Guilford Acres, according to the plat lhereof, recorded in Plat Book 3, Page 59, of the Public Roco~d$ of Collie¢ County, Flodda. Sub. ct to easerrmnts, restrictions, and reservatio~l of record. TO HAVE AND TO HOLD ~he lame unto the Grar~,e, together with the righl to enter upon said lands thereon for the purposes of accessing the Conservation Easement conveyed by the Grantor end recorded in the Public Records of Collier Courtty. Florida. Grantor am:~ Grantee are used for singular of plural, as the ccfitext requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date end year f~,~t above written. Fen'il A. Boufilli~', t~ Trustee of Ibc Declaration of'Trus~ tm' Trustees o£Naples South ~ion at Jehov~'s W'tmcss~s ~as Trustee ofthe Decltr~tioh~l'Trust ~'or Trustees of Naples Sarah Congrr~tion ot'J,.-hova~'s Witnesses JUN ' 11.9,98 ~ECOND Wrl=N~SS~Slgnature) Ns. mc) Randall T. Nelson. ~s Trustee of the Ded~tion of Trus~ for Trustees of Naples South Congzeg~ion of Jchov~'s Witnesses STATE OF ~'~ COtnn'~ O~ regoin~ Access Euemcn! was acknowledged before me this ~/~. day of 199B, by Larry H Chadwick, as Trustee of the Declar~'~'ion orTr~st for Truslees of Naples South Congrtgation of Jehovah's Witnesses He ss produced u identiRcadon. STATE OF ~ COUNTY OF ~ My Commission £xpires: .._~.~.~ regoing Access Eucrnem wu acknowledged before me this ,~L~~4..-. day o£ 1998. by Ndson T. lh~iaJ[, as Trustee ot'the Declaration of Tru~ for Truszees of Naples South ConD'cgation of$chovah's Witncsscs produced "' identification. He i~me m' who has (Prin'rN~-ne ~f ~ot~) Co~s~on ~ ~1~ My Co~on E~i~: JUN ,~.- ~ LIEN RESOLUTZON - CODE ~3~'0~ CA~Z NO. 6030Z-002 I~CORD OWI~R - Lucry P.:Lnes, l~tate OBJECTIVE Board to accept report and.adOpt Resolution assessing a lien against the parcel inlo:de~tO'reCove~Public funds expended to effect the abatement ";°f a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter 'and Plant Control Ordinance. CONSIDERATION Case Sununary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 10/13/97 11/13/97 01/29/98 03/05/98 03/06/98 FI$C2~L IMPACT Reimbursement of $2,120.00 may be anticipated by voluntary action or foreclosure. GROWTH I/~2{A~ II~PACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPA/~ED BY: Customer Service REVIEWED BY: REVIEWED BY: ~chelle'Eclward~ Arnold, D/ueector Code Enfo=cement DATE: DATE: ~'~'~ ..... " ~-'l --I ............ I' .................. Yal ................................ s..[[[[ ,[ BOARD OF COUNT~ COMMZSS~ONERS COLLIER COUNT~, FLORZD~ LEGAL HOTICE OF ASS£SSM~NT OF LZEN Lucy Rinse, Estate 1596 Holly Ave. Naples, FL 34112 REFERENCE 60301-002 950991000007 DATE: <current date> LIE{'{ NUMBER: LEGAL DESCRIPTION: Lot 34, ~OLLY Terrace, according to Plat thereof, recorded in Plat BOOK 4, Page 64, Public records of Collier County, £1orid~. You, as the owner of the property above described, aS recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/05/97, order the abatement of a certain nuisance existing on ~he above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Burned mobile home, boats, a~pliances, boat parts, engine parts, vehicle parts, tires, metal, wood, plastic etc. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 1,920.00 and adminis~£a%ive cos% of $200.00 for a to%al of $ 2,110.00. Such costs, by ~esolution of the Board of County Co~mis$loners of Collier County, Florida, have been assessed against the above property on and shall become a' l~en on the pruperty thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34~12 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JUN ,O=9 1998 RESOLUTION NO. 98- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISanCE, IN ACCORDANCE WITH ORDIN~4CE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and 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 bin~ing obligation upon the property against which made until paid; and he assessment shall become due and payable thirty (30) WHEREAS, t .... . .... nt after which interest days after the mailing of Notice o£ shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nui.ance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~AME: ~E~AL DESCRIPTION~ ~OST $2,120.00 Lucy Rinse, Estate 2596 Holly Ave. Lot 34, HOLLY Terrace, Naples, FL 34112 according to Plat thereof, recorded in Plat BOOK 4, Page 64, Public Records of Collier County, Florida 50891000007 60301-002 The Clerk of the Board shall mail a notice of assessment of lien tc %he owner or owners of the above described property, and if such owner fails to pay such assess.ent within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such ~irection is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted alter motion, second and majority vote. DATED: BOARD OF COUNTY COF~IISSIONERS ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, CHAIR14A24 APPROVED AS TO FORM A/git LEGAL ~SUF~I~IENCY: COUNTY ATTOP~4EY CSce !1 - 1/98 JUN 1998 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lucy Rines, Estate 2596 Holly Ave. Naples, FL 34112 DATE: R~FER~NCE 60301-002 ~50891000007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 34, HOLLY Terrace, according to Plat thereof, recorded in Plat BOOK 4, Page 64, Public records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/05/97, order the abatement of a certain nuzsance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storagm or ~urial of litter, waste or abandoned property. Burned mobile home, boats, appliances, boat parts, engine parts, vehicle parts, tires, metal, wood, plastic etc. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $ 1,920.O0 and administrative cost of $200.00 for a total of $ 2,120.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the i-roperty thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JUN 1998 %,. REQUEST TO APPROVE FOR RECORDIN(] THE FINAL PLAT OF '(FLEN EA~LE (~OLF & COUNTRY CLUB, PHASE THREE", AND APPROVAL OF THE PERFORMANCE SECUP. ITX To approve for recording the final plat of 'Glen Eagle Golf & Country~ CIub, Phase Three", a subdivision of lands located in Section · Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: .,.-Engineering Review Section has completed the review of construction drawings, specifications, and final plat of 'Glen Golf & Country Club, Phase Three". These documents are in compltanc~ with the County Land Development Code and Florida State Statute~:No~': 177~. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. Th~ security in the amount of 110% of the total cost of the required' improvements is being covered by construction and maintenance. agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Gle~ Eagle Golf & Country Club, Phase Three" be appro'/ed for recording. FISCAL IMPACT. The fiscal impact to the County is as follows. The project cost is $243,000.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & £:ewer - $ 53,587.50 b) Drainage. Paving, Grading - $108,630.78 c) Uncompleted improveme_nts$ 80,000.00 The Security amount, equal to 110% of the project cost, is $291,180.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $8316.36 F~es are based on a construction esti~ $243,000.00 and were paid in April, 1998. Executive Summary Glen Eagle Golf & Country club, Phase Three Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 625.64 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 267 94 Drainage, - Paving, Grading (.425%const. est.- $ 461.68 c) ConstructionInspection:Fee Water & · Se~er (1.5% const, est,) - $ 803.81 Drainage, Paving, Grading (1.275% const, est.) - $1385.04 d) Uncompleted Improvements - $4772 25 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney,s Office for the project. ~ECOMM~ND_ATION= That the Board of County Comm/ssioners approve the Final Plat of "Glen Eagle Golf & Country Club, Phase Three. with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvement3. 2. Authorize the recording of the Final Plat of "Glen Eagle Golf & Country Club, Phase Three.. 3. Authorize the Chairman to execute the attached construct/on and maintenance agreement. 4. That no Certificates of Occupancy be granted ~mtil the required improvements have received preliminary acceptance. JUN 1' 61' 98 ~xecutive Summary : Glen Eagle C~olf & Country Club, Phase Three Page 3 · PREPARED BY: John R. H rth, Senior Engineer Engineering Review ~REVI~ ,BY: · Vincent A. autero, AICP,- .Administrator ~o~hity ~DevelOpment: &,'Environmental Se~ices country Dev. and Environ~ntal Svcs. DIVISION vrw ES ,TEE~ $ ! ¢-2 : ' f CONSTRUCTION AND MAIN~N~CE AGREEMENT OF SUBDIVISION IMPROVEM~ENTS THIS CONSTRUC~ON AaNT) MAhNTENANCE AGREEMENT FOR SUBDMSION L-M1:'ROVEMEN'TS entered into this day of , 1998 between l~lS TEP ESIBASSY, L.P., a Delaware Limited Partnership, the property, owner, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". I. Developer has, simultaneously with the delivery of this Agreement, applied for the. approval by the Board ora certain plat ora subdivision to be known as: Glen EagleJ Golf& Country Club, Phase Three 2. Division 3.2 of the Collier Count3' Unified Land Development Code requires the Deveioper to post appropriate guarantees far the construction of the improve: nents required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth. Developer and the Boa:,t do hereby covenant and a~ee as follows: I. Developer ,,,,'ill cause to be constructed: a potable water system, sanitary sewer system, drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto as Exhibit "A" and by reference made a pan hereof) within 12 months fi.om the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 1998 ..___.- 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereo0 ~n the amount of $291,180.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of&fault by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, after written notice to Developer, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developers engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compIiance with the Collier Courts' Land Development Code. 5. The Development Services Director shall, w~thin sim3. (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements: or b) notify the Developer in v, zit~g of his refusal to approve improvements, therewith specifying those conditions which the Developer must ful£Kl in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary appro,'al of the improvements if they are in fact consmacted and submitted for approval in accordance wi'.h the requirements of this A~eement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminar2,.' approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to in.',.pect the required improvements. The Development Services Director or desi~ee shall inspect the improvements, and.. if found to be still in compliance with Zolli~ County' JUI'I 1 6 1998 Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibihty for and by the Count),. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision security shall be accompanied by a statement of substantial completion by the Developer's en~neer together with the project records necessary for review by the Development Services Director. The Development Services Director may ~ant the request for reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fi~,qll its obligations under this A~eement, upon certification of such failure, the County Adm,.;nistrator may call upon the subdivision performance secufiD' to secure satisfactory, completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvemcn:s required herein. The De,.'~.ioper, as principal under the subdivision performance security, shall be liable to pay and to indemnify, the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, v,'hich the Board ma.,,' sustain on account of the failure of the Developer to carry out all of the provisions of this A~eement. JUN 1 6 1998 9. All ofthe terms, covenants and conditions herein contained are and shall be binding upon the Developer respective successors and assigns of the Developer. I-N ~VIINESS W-HEKEOI-, the Board and the Developer have caused this Agreement to be executed by their dui)' authorized representatives this .. day of. ,1998. Signed, Sealed and Delivered in~ race of: I (~ar-r' t F~rnham) (angela i. Delopa) ;S~, L.P., a Delaware Limited ne, ATTEST: DWIGHT E. BROCK, BOA.RD OF COUNTY COMMISSIONERS OF COLLIER COC~-i'Y, FLORIDA Approved as to form and legal sufficieno.': ~,~.L.-~David V,,rei~,~l" Collier Count>' Attorney By:. Barbara B. Berry., ChaL'Tnan ::0 JUN 1 6 1998 E~IT "A" ENGENEER'S COST ESTI'~LS, TE SL~SM.A.RY I. New Construction II. Pump Station III. Street Lights IV. Sidewalks Total (rounded to nearest $1,000) 10% of Total 10% of Phase 3A = 10% x 60% x $308,000 Letter of Credit amount $162,218.28 $ 50,000.00 $ 20,000.00 $ !o,ooo.oo $243,000.00 $ 24,300.00 L23,88o.oo $291,180.00 97508\c&m-agre JUN 1 6 1998 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ,~J..L PE~N$ BY THeE 1H~SEI,,"I'S: thst TRA.NSEAST~KN PROPERTIES, INC. 3300 I.INIVEI~ITY DILIYE, SUITE CORAL ~P,.~GS, FL (h~reinat~r r~frrred m aa "Develop.") tad Preferred National Insurance Company 210 University Drive, Suite 900 Coral Springs, FL 33071 (her~ina~r rcf~a'.ed In as "Sta'ety") arc heki and fin. nly bound unlo Collier ss "CounlT") in l~,e tod aggregate sum of Two Hnndrad Ninety One Thousa~, One Hundred rnA~hty Dollars ($291,180.00) in lawful money of the United bind ounclve% our he[t~, executor~, ~kn~ni~a-~tor~, ~u:.o~m~ and ~ign~, Jointly ~d ~'vanlly, firmly by thele pr:so~. Owner ~ Sur,:ty ~ used for s~gulaz or p~, ~ CONDITION OF THIS OBLIOATION i: such ~hlt wher~ats, the Owne: has lubmitled for approval by the Board a certain subdivision plat naraed Gkn Eagic~ G,:flf and Country Club Ph~e ..'ZI sad ti~t c~rtain subdivi,ion shall include spe¢ifi: iml~ovsmrnu which are required by Collier County Ordi,~.-c~ and Resolutions (hereinafter "Land Develapmenl Reg'ulalions"). Thi.~ obUgatlcm of the Surly shall comm~uce no the da~e ~ Bond h executed and shall con~ue utah ,~¢ date of ~ acc~umc~ by the Boa.rd of Co=%, Commi~iou~r, of th: specific impro',~r, enU described i~ the Land Dev,lc~r~nt ReF. lla~io~ ('hereinafter ~he 'Gua.~an~, Period"). NOV,', THEREFORE, if the Owner r~t] well, truly and faithfully ;erform iu obligations anti duties in ac~rdance wkh thc ~ Development Rcgulatiot~ during the $nlsr~ l~riod e~ta~lithad by the County, and the Owner shall satisfy all clain~ and demands incurred and sh~ll fully ir~.etz=t~ ~nd lave harmless the County from ~ agaimt all costs and damages which Jr may suffer bi,' rcestm cf O,,.~cr's f~i.hu'~ to do so, a~ sh~ll reknbucsc and repay the County all outhy ~ad expose which thc Co~mry r~y inc,r in making good ay default, then this obligation shall be voi~, other'wi~c to rcma~ In f~II force ~ effect. PP..OVIDED, FU'RT'rLER~ that the ~.id SurctT, for valu~ received hereby, etipulates end agrees tl~t no charge, e.v~nsion of t/me, akcr',:tion, additioa or deletion to the proposed rpe¢ifi¢ improvements skeli In say way arYea its cbligat:,ot~ on tl,.il Bond, and it does h~teby waive noeice of,my such chin:ge, crtension oft/me, aJtcrat/on, addition et deletion to the ~opoled specific ~pru,,,czramts. IN WII'NESS WHEILEOF, th~ p~-,ci~s hereto have cataext ~ PER.FORM~NC'~ BOND ~ ~' d~,,0,t ~t-..,, . ~0 ~o PROVIDED, FURTKER, that it ia ,xpr~sly a~r~d that ~e Bond shall be deemed an'~nded automatically a.ud imrasd:ately, without fognal ~d sepzrste a. mendm~nt~ bert'to, ~c as ~ bind thc Owner ~d the ~rery lo the full and faithful petforrnarum in acconitnce wi~ thc Lsad D~v~lopmc-nt Regulations. T~ tarm "An'mndm~nt" whet~ver mod Ln this Bond, ~d whether referring to tiffs Bond, or off:et do~u.~nt~ shall include soy aheratfon, addition of roodifkstion of amy ch~r'~:~r whatsoever. JUN 1 6 1998 State of Florida County of Broward On this twenty-second day of Ma>', 1998, before me personally appeared Arthur to be the president of Transeastem Properties, Inc. and who execu~/~the fore~ acknowledges to me that he executed the same. Signed and sworn before me thi.~ 22nd day of May, 1998 ~ /J/I Notary Public ?alcone who is known to me nstrument and (seal) bly Commission Expires: SURETY: Name:~Gl-o-ria q Dwyer j Name: ~ichael G. Popick Preferred National Insurance Company 210 University Drive Suite 800 Coral 'S~~ Bx': ..... (seal) · ~e ~-'er "Attorney-h:-Fact" State of Florida County of Broward On this twenty-second day of May, 1998, before me personally appeared Lawrence Dwyer who is known to me to be the Auomey-ln-Fact for Preferred National Insurance Company and who executed the foregoing instrument and acknowledges to me that he executed the s~me. '- ' No~ Publi~-- My Commis~~S:' :'._ ADEN~SE , ~ Ca~..~: CC 12878 Preferred Natio'na Insurance Coral Springs, Florida ,pany · POWER OF ATTORNEY Stephen Wetcholz. Pres~ent. ~ ScoU Wether. ~ec~el~. ~ ~rsua~e Afi~CLE XI, SECTION 1 - ~ C~l~n ol ~e ~rd or presi~nl r~nlza~es, c~l~c~ of I~mni~ a~ o~hvr ~ltngs obl~ato~ ~ ~e A~TICLE XI. ~ECT10N 2 - ~e sig~{ure of any a~dz~ o~er a~ the Ce~iro~ ~e~ecf a~hodzlng ~ ex~tlon s~ ~r~e~ ol any ~. u~, s~h s~nalure e~ scsi ~n ~ ~ed shaft have ~e sa~ Iorce and e~e~ ~s here~ ~te. ~sl~e a~ a~lnt Denis A. Dwyer, Denise Dwyer-Poplck, and ~wrence Dwyer its ~e a~ ~ aao~, lot ~ a~ h ~s ~me, ~ce, a~ steed to ex~e .-=~..ct, ~ ~,~ ~ ~ ~ ~ to .c,~: Five Hundred Thousand Dollars ($500,000.00) -efe~ed Nat~al Instate ~pany. as l~y a~ am~, to a~ ~lents .~ula~y elected oE~e~ al t~ ~pany al ~ o~¢e ~ Coral Spdngs, F~. T,'e said Se~e~ ~s ~rsby ~ ~1 ~e al~e~ng b a tree c~ lor:e. IN WITNESS WHEREOF. the sa~ p~es~ent a~ Secreta~ have'bare, to sub~ri~ ~eir PreCeded Nal~al Insulate ~mpany. this 17[h day o~ r~l',~ ~,.,'. .. 7.'~ .~,,~t/ .. ~. ~ · .~ .. . . · ' , -' -.Preferred Natlon~ Insurance Company STATE OF FLORIDA CITY OF CORAL SPRIhlGS ',' ..... On this 17th day of November, A.D., 1993, betcre the subscriZ~er, a Jlotary Pubbc of the State o¢ Florida. duly commissioned end qtmlh'led, came the above named President and Secrela~ of Prelerred Nalional Insurance Compart? to me per~onllty known to be the h'K:llvlduals and officers d~ in a."d who executed Ihe preceding instrument, and they each acknowledged the execution ot the ~artm, and betr'g by me duly iwom, sev~rslb/~ each fo, himself deposeth end saith, that they are the said off,cars o! the Company aforesaid, &nd thai the leal affixed to the preCeedlng insltumenl ia the Co.rate Seal of said Company, end that the Coq:~tate Seal and thel, signatures as such officers were duty affixed and sub~::ribed to :nstrumenl by lhe authority and direction ol the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my OrScial Seal, al the CT ol Coral Springs. the day and year lirsi wH,~en. ~at P~_ ofrrlcttL NO?A~7 SEAL I ¢'orf,O OCT 11~19~S CERTIFICATE I, the undersigned. Secretary ol Prelerred National Insurance Company, do hereby certify thai the od~nal Power of Attorney of which the lofagoing is a luff. true and correct copy, Is ~ lull Iorca and ellect on the date ot this certificate; and I do turther cerlily that the P~esldent who executed the saki Power ot Attorney was specially authorized by the Board ol Directors to appoint any Attorney-in-Fact as provided In Article Xl, Section I & 2 ol the the Preler~ed National Insurance Company. This Certificate may be signed by facsimile under end by IluthoH('y ~{ ]he. ~ol~?.,n~ re~olution of the rd ol Directors ol Preferred Nellortal Instnar, ce Company el a meeling duly called and held on the 8th daybf ~ept~ber. 198., -: ;:..':" ," .,' any sec,.t, ry of the t on 2 'that the lacsimile or F~ecnan~:a"Y re~r.~u~.~ru ~ ' h Il valid and ~Resotved, Article XI, Sec , ~ ........ .;'-~ ~n~ ...,,,.~ar:5! ~tl~:rney Issue~ by the Company, s a be var a oat n upon a cent.eD ~,~,¥_.u~.a · ~., 3 I / t~ · ' '" herea~er, where PP g . - : '- ..... ~. No nuall affixe~C . L . ~l~lh, same force and effect as though ma y . ~;, 1.~,, . .~- . I .o_~.,~) ' o t'~ - '.:-..' -' ~ -' ' ' da ~ '~ '- -~ ~--~,th~ ,-o,=ot~, s..l ot .... ' ....................... ' ". '-" ", JUt 1 6 1998 May ,a =0.... %? ' ' ,,.," ~.~:/ffff f.f ~ .7~ FNI-PA-$01 (t REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF BAW~ To approve f~r recording ~he final plat of Sawgrass S~ivision. cONsID~TI~S ~ ~e Board of County Comissioners on Janua~ 27, 1998 approved the final plat of Sawgrass S~ivtsion with the st~a~i~ that the plat not be recorded ~til scarify was pr~l~ to e~e co~letion of the re~ired subdivision FI~CA~ I~(PACT= The fiscal impact to the County is listed below. The project cost is $191,172.41, to be borne by the developer. The security amount, equal to 100% of the cost to complete t]~e remaining improvements and 10% of the total c,,st of the project, As $37,128.01. The developer has provided a Cash Bond as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3824.92 Fees are based on a construction estimate of $191,172.41 and were paid in October, 1997, and ara reflected in the Executive Summary of January 27, 1998. I '" EX. cut ive Summary Sawgrass Subdivision Page 2 (~ROWTH MA/~A~ IMPACT: None ~CO~f~ENDATI ON: That the Board of County Commissioners approve the final plat of "Sawgrass Subdivision", with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Sawgrass Subdivision". 3) Authorize the Chairman to execute t~e attached Construction and W~intenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: J6hn R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ~obZert ~ulhere, AICP Planning/Servi!ces Department Director VincL~.a~u't e ro~.i ~.~ s tra t or Corm-aunity Development & Environmental Services Date Date Date C~-~=~,unlcy Dev. and Environmental Svcs. DIVISION JRH 1998 $ CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTEN~CE AGREEMENT for SUBDIVISION Dvfl:'RO'vT. M2ENTS, entered into this day of , 1998, between SA WGRASS OF NAPLES, INC, hereinafter refe::*.g to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as 'The Board". .RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: SA WGRAS$ SUBDIVISION. 2 Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the regulations, said guarantees to be incorporated in an agreement, with security, for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure se~'ing SA WGRASS SUBDIVISION within ./6 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. Developer herewith tenders its Cashier's checks (attached hereto as Exhibit "A" and by reference made a part hereo0 hereinafter the "Check", in the amount of $19.172.41~ which amount represents 10% of the total consiruction cost, and in the amount of .S17,955.60, which amount represents 100% of the estimated cost to complete the remaining required improvements (landscaping) at the date ofthis Agreement. In the event of default by the De:veloper or failure of ;he Developer to complete such improvements within the time req,aired by the Land Deveiopment Code, Collier County, may use upon the security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notiS,,, the Developer in writing of his preliminary ~..Pg. ~ 7 approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if the)' are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the 'Board shall release the remaining 10% of the subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Count)'. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdMsion performance security on tL, e basis ofwork completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's en~neer together with the project records necessary for review bv the Development Services Director. The Development Serx'ices Director may grant lhe request for a reduction in the amount of the subdivision performance securit) for the improvements cempleted as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvemer, ts required herein. The Developer, as principal under the subdivision performance security, .".hall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. JUN 1 6 1998 IN WITNESS WHEREOF, the Board and the Developer have executed by their duly authorized representatives this day of caused this Agreement to 1 be Signed, Sea.led ~nd Delivered in the presence of: SAWGRASS OF NAPLES, INC. P, Jchard McCullough, President~_ff/ -- ' ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSION~ERS OF COLLIER COUNTY, FLORIDA By:. Barbara B. Berry, Chairman Approved as to form and legal sufficiency: Collier County Attorney JUN 1 6 1998 ESTIMATE OF PROBABLE CONSTRUCTION COST ,, oSAWGRASS SUBDIVISION COST CONTRACT ~MAINING POTAIL~ WATTR r P,v¢ r HOT TAP ~ HYD WI VALVE 3' COe~ourr PERM 'I.AMII~ POI, dT TOTAL WATER DKAI~AG~ 15' CONTAOLSTmJCTURE THROAT ~L~T CONCI~T[ H£AOWALL TOTAL OKAY·GE PAV~O q 1'2' ASI~'L? (2 LIc-T'S~ SIDEWALK T~ A CUba VALLEY GU~R VALLEY C~CS5=NG S~GN~G & 5T~NG TOTAL PAV~G 71 · ~ I1! 6.20 I11,S66.10 60 ~ 820,20 11.333.30 ~ [A I1.1~.~ I1,~.~ 3 [A 11,~0.~ 13.1~.~ 1 [A t~.~ I~.~ 124.~.~ I$.ISSJSO ti2.Do0.OO I' P"VC SANITARY SE',**~**R (I.8) 6' SANfT/,RY L.ATERAL Ct rAHO'JTS TOTAl. SA,N,q'AR¥ 5['V'V~R EARTHWOI~ CLEA~/GRU8 EXCAVATE LAKES TOTAL EARTHWORK 10% 1435 LJ: 112.70 6 EA 11.4OO.00 SSI ~ l~.40 1S EA Ill.(X) 7 AC 1.1.4430.00 ll.40C.OO t3.571.20 11.320.00 89.0(30,00 td3,100.O0 JUN i 6 1998 :. ' /~~b+'~Ta~am~ ~ ~ ':; - 'CASHIER'S CHECK NATIONAl. ' ~I~ PAY " c ' ~ . · : . : . . ,: ; ~ ; r / ~ = a ~ATE: -' , = ., ,~ . '= n - . ~., ' HH~ndre~ Fif=v Five 9=[tars ,~ , ." , . , : :. : .., :~ ~l~5~.&(:) TO : ~ - ~ -f -" ~ ~ ~ ~ ': " ~ : - ' THE "~OAF:~ OF COUNTY ST ~ 1~ - - ~:0q 4821929207 CASHIF. R'$ CHECK :,._: ::.. :cc: :;-.: REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF BOUt%IN VILLAGE AND APPROVAL THE PERFORMANCE SECURI~ OBJECTIV~ .' To approve for recording the final plat of Bougain Village. CONSIDERAT~QN$: The Board of County Commissioners on January 6, 1998 approved the final plat of Bougain Village with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL XM~ACT.' The fiscal impact to the County is listed below. project cost is $37,930.00, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $8578.00. The developer has provided a Cash Bo~ as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,174.06 Fees are based on a constructicn estimate of $37,930.00 and were paid in October, 1997 and are reflected in the Executive Summary of January 6, 199~. P. xecutive Summary Bougain Vilage Page 2 GROWTH MANAGEMENT IMPAC~ = None RECOM~ENDATION~ That the Board of County Commissioners approve the final plat of "Bougain Village", with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Bougain Village" 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houl-dsworth, Senior El~gineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Planni~rvices Department Director Vincent A. Cautero, AICP, Administrator Co~-,,unity Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH: ew Date Date Date JUN 1 6 1998 [ CE.,NTi AL-',; NAP 5 ';'"~" 1 CC'.DEN CATE CI T Y ! ~-; AT e JUN 1 6 1998 CONSTRUCTION AND blAIN'TENANCE AGREEMEN'r FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAI2NIENANCE AGREEN~NT FOP, SUBDMSION 1998 between ~ IMiaROVEMENTS entered into this ._.___ day of ~ ~ hereinafter referred to as 'Developer', and thc Board of County Commissioners of Collier County, Florida, hereinafter referred to ~s the 'Board'. 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 know as ~ B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said gu~-.mtees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinat'ter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed water, sewer, paving, drainage, access, lighting, & buffer infrastructure improvements wit}fro Ovelve (.~ from the date of approval said subdivision plat, sa,id improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the mount of $8.5'/8.00 which amount represents ten percent (10%) of the total contract cost to complete con_m'uction plus one hundred 1 of 4 ~ JUN 1 1998 percent (100%) of the estimate cost of to complete the required improvements at the date of this 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Court .ry, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developers engineer along with the final proiect records have been furnished to be reviewed and approved' by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within s~xty (60) days of receipt of statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer, in writing, of his refusal to approve improvements, therew~th specifying those conditions which the De~eloper must fulfill in order to obtain the Director's approval of the improvements. However, in ne event shall the Development Services Director refuse prelimina.2,' approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements ofths Agreement. 6. The Developer sh~l ma:r~tain all required improvements for a minimum period of one il) year after preliminary approva2 by the Development Services Director. After the one (1)),ear maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release fie remaining ten percent (10%) of the subdivision JUN 1 6 1998 performance security. The Developer's respomibility for maintenance of the required improvements .~all continue unless or until the Bo~d ~ccepts m~tenance respons~ility for and by the County. '7. Six (6) months aher the exectrtion of this Agreemen! and once within every six (6) months thereafter lhe Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduclion in the dollar amount of the subdivision performance security shall be accompanied by a statement ot' substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed ~s of`the date of the request 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon th.- subdivision performance security to secure satisfactory completion, repair and maintenance of' the required improvements. The Board shall have the right to con_s-tract and maintain, or cause to be constructed or main -rained, pursuant to public advertisement and receipt and acceptance of' bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to p::' and to indemnify the Board, upon completion of such cons~ctiort, the final total cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, wh. ich the Board may sustain on ~count of the failure of the Developer to f-ulKll all of the provi$iorm of this Agreement. 9. All of the terms, binding upon the Developer md the respective successors and assigns of the Developer. 3 of 4 covenants and conditions herein contained are and shall be JUN 1 6 1998 IN '~TI'NESS WHEREOF, the Board and the Developer have caused this Agreement be executed by their duly authorized representatives this ~ day of //~q 1998. SIGNED, SEAI.FD AND DELIVERED ~~. ENCE OF: ry Butler Port Bougain, Ltd. a Florida Limited Partnership By: PortBougain, Inc. a Florida Corporation By:~ U President ATTEST: DxArIGHT E. BROCK, Clerk Deputy Clerk Approved as for form and legal sufficient: ../ ' ,, -- Da~?.d C. Weigel ' Collier County Attorney BOARD OF COUNWY CON~flSSIONERS OF COLLIER COUNTY, FLORIDA By:. Ba.°5ara B. Berry Chairman 4 of 4 JUN 1 $1998 EXECUTIVE SUMMARY AUTIIORIZE STAFF TO REJECT PROPOSALS RECEIVED FOR BID NO. 97- 2764 ORTHO PHOSPHATE/POLYPHOSPHATE ~ To have the Collier County Board of Cmmty Commissioners Ex-officio the governing Board of the Collier Cotmty Wster District reject proposals received for Bid No. 97-2764 for orthophosphate/polyphosphate ~md ~athorize Staffto rebid. CONSIDERATION; Bids were solicited for orthophospl:meffpolyphosphat¢ on December 19, 1997. Six proposals were received and reviewed. After review by Staff, it was detei~u'med that the Specifications regarding mandatory training requirements were insufficient and caused confusion among the bidders. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACt: Not applicable. RECOMMENDATION: That the Collier County Board of C,:,~mty Commissioners, Ex-officio the governing Board of the Collier County Water District reject Bid No. 97- 2764 for orthophosphate/polyphosphate. PREPARED BY: ?m, cia Libby [7 Date: ~/ / / cr ~/ Edw~. Finn Interim Water Director REVIEWED BY: x~.~ . L.O..~'~/ Date:_ - 3tephen Y. Carnell, General Services/Purchasing Director Purc ' Department REVIEWED B~ Public Works Acuninistrator I EXEC SUMMARY LICENSE FOR FENCE INSTALLATION ALONG A PORTION OF THE PERIMETER OF TRAC~ D.~: To allow a private citizen to install a fence along the edge of a tract of land dedicated to the perpetual use of the public. CONSIDERATIOI~: Mr. Norman $. Trebilcock has recp_~__,~3~d that the County grant perm/salon to allow the installation of appro~ly sixty (60) feet of dx (6) foot high fencing along a portion of Tract "A," We~tlake Unit One (see exhibit attached to proposed Licen~). Mr Trebilcock believe~ this will enhance security for the Twin Lakes and Westlake ndghborhoods; and has offered to hold lmrmless the County against any and all claims arising out ofsaid fence in.e~Iation. The Office of the County Anomey has approved the use of the attached Bare License and U~e Agreement instrument to indicate the granting of said permission by Collier County. It is also recommended that Mr. Trebilcock, obtain the permission of the WestIake Civic Association. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize its chairman to execute the attached Bare License and Use Agreement on behalf of the Bo;.rd, and forward to the Clerk of Courts for attestation. PREPARED BY DATE: 'aluativn Coordinator REVIEWED BY: _ ~-,~,~ ~~L- Joh/iJH. Boldt, Stormwater Management Director Ed Ilschner, Public Works Administrator JUN I 6 1998 BARE LICENSE AND USE AGREEMENT This Agreement, is by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 3301 l'amiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "County") and NORMAN .l. TREBILCOCK and MERCEDES L. TREBILCOCK, husband and wife, whose adckess is 1168 Lakeshore Place, Naples, Florida 34103 (hereinafter r~ferred to as "Licensee"). WHEREAS, Tract "A," Westlake Unit One, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 10, Page 87 (hereinafter referred to as the "Property"), was thereby dedicated to the perpetual use of the public; and WHEREAS, Licensee is the owner of Lot 11, Block C, Westlake Unit One, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 10, Page 87; the rear of which lot abuts the above-referenced Tract" '" ^, and WHEREAS, Licensee has requested that County grant its permission to allow Licensee to install a fence on the lands depicted in Exhibit "A" (attached hereto and made a part hereofby reference). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. County hereby grants and confers upon Licensee a bare license to enter upon the South 10 feet of the East 70 feet of the Property and construct and install and maintain within this area a six (6) foot high fence. 2. Licensee shall hold harmless the County, and agents and employees of County, from any and all damage to said fence which might occur during the course of maintaining the Property. 3. Licensee shall also indemnify, save, protect and hold harmless the County against any and all loss, damage, injury, debt or expense claimed or asserted by any person or entity, including attorney fees incurred in defense of any such claims, arising out of Licensee's use of the Property. 4. County may withdraw this bare license at any time that County concludes that the fence, or the maintenance thereof, interferes with County's use of the Property. 5. This Agreement docs not, and shall not, be construed to grant p~,r-ission except vis-a-vis the easement held by l. he County by virtue of the above-referenced dedication. JUN '1 6 '1998 6. Licensee must obtain whatever permission is r~uired from the subdivision developer and/or the developer's successor in interest with regard to granting Licensee permission to construct and maintain said fence relative to the applicable provisions of the Declaration of Protective Covenants Conditions and Restrictions of Westlake. IN WITNESS WHEREOF, the parties have hereunto affixed their signs and seals this of ,1998. day ATTEST: Dwight E. Brock, Clerk of Court By: D~uty Cl~k WITNESSES: (Si~ (Print full name) BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA By: Barbara B. Berry, Chairman By: Norman J. ilcock M~ced~s L. T~:ebilcock Approved as to form and legal sufficiency ~oo~'aS C. Palmer, Assistant County Attom,:y JUN I 6 1998 FOUND STEEL LOT 10 BLOCK "C" EXlSTINC RESIDENCE wood FENCE O~E sromr R£DDENC£ SIDEWALK LICHT POLE c.~L£ / BOX ,/~' ,' ~' FPL PAD ! ' NAIL I / WESTLAKE TRACT "A" LOT 11 BLOCK APF RO YIMA TE TOP OF E, ANK / C.,~N TERL/NE pEADw~L 'X..__ DECORATIVE CONC. WALL LOT 12 BLOCK "C" EXISTING RESIDENCE lO' ORAINAGE EASEMENT 20' PUBLIC UT/L/Pr AND DRAINAGE EASEMENT £.I.P.W/CA~. Ex ~ST c,,.~ooD F'iEoc/ " TWIN LAKE ~ WlL~~ LB-6569 NAPLES WORK/CREW CH~[Ir DR 6 23 97 JORAFTED KLB 5026 25 97 CHECKED..:_: _ _ BY:. LTM 436., 625 g71 LA~O$~E ~ Wilson Profess;anal Center .3200 Bohey Lane el ~gml FIELD BOOK/PACE G-'2311, PC ~2~ Naples. Flor;dO 34105 (9.1) EXECUTIVE SUMMAR~ APPROVE CHANGE ORDER NO. 2 WITH BONNESS, INC. FOR SITE DEVELOPMENT WORK AT SUGDEN PARK (BID NO. 97-2670)(PROJECT NO. 80081). OBJ'ECTIVE~ Approve construction Change Order No. 2 with Bonness, Inc. for site development work at Sugden Park in the amount of $67,357.94. CONSIDERATION_S: On June 17, 1997 (Agenda Item No. 16 (B)(4), the Board of County Commissioners awarded Bid No. 97-2670 for $706,221.00 to Bonness, Inc. for Site Development at Sugden Park. On November 25, 1997, Change Order No. 1, in the amount of $49,366.65, was approved by staff for additional infrastructure work at the Park. Since that time, Parks and Recreation Department has authorized further infrastructure work at the site, including additional grading, cattail removal, brick paver installation, driveway and ramp construction, beach sand substitution, etc.., that, along with additional time to complete the work, constitutes Change Order No. 2. These tasks are instrumental in completing the project and providing for a first class park facility. Change Order Summary: Orieinal CQntraql~ Amount Change Order No. 1 Chan_~e Order NO, 2 Change Orders Total $706,221,00 $ 49,366.65 $ 67.357,94 $116,724.59 New Contract Total $822,945.59 .FISCAL I~.I'pAC_T_: A budget amendment is needed to transfer S67,357.94 from 345 Reserves. This item was budgeted in the Countywide Parks Capital Fund (306) and funded through a Florida Communities Trust Grant, however, the grant dollars have not yet been received and the funding shift i.~ needed to complete the project on time. From: Fund: (345) Regional Park Impact Fees Cost Center: (919010) Reserves Object Code: (993000) Reserve for Capital Outlay To: Fund: (345) Regional Park Impact Fees Cost Center (116360) Parks Capital Projects Project: (80081) Sugden Park GROW.TH .MANAGEMENT IMPACT: This Capital Improvement Element No. 724 is consistent with the Recreation and Open Space Element of the Growth Management Plan. JUN I 6 1998 PG.,, Executive Summary Change Order No. 2 Page 2 RECOMMENDATIONS: That th~ Board of County Commissioners: 1. Approve Change Order No. 2 in the amount of' $67,357.94 with Bonness, Inc., 2' Direct and suthorlze Office o~ Capital Pro, acts Management staff to process and execute Chan~e Order No. 2 and, 3. Approve the necessa~ budget amendment. PREPARED BY: DATE: I . Delate, AS~A, ~A; Prolect Manager Office of Capital ProJects Management ' REVIEWED BY: ~ DATE icnard I. H~llrie[el, P.E.; Interim ~ir~ctor Offic~ of Capital Projeet~ REVIEWED BY: l~arla Rar~sey. Dire~or Parks and P. ecreation REVIEWED Public Works Division attachment EXSUM.JFD. Piers. SufdeflPA;k EXECUTIWE SUMMARY APPROVE FUNDING TO REPLACE UNDERGROUND DIESEL FUEL STORAGE TANKS AT WATER DEPARTMENT FACILITIES OBJECTIVE: Tha~ the Board of County Commissioner~ . the Ex- Officio Governing Board of the Collier County Water Sewer Digrict, zppmve raft' recommendation to replace existing fuel tmderlp'ound storage tanks (lIST) smi ~e ftmds for the project. CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP) has mandated that existing UST's be brought into compliance with new stan~. Thes~ include: Secondary containment of integral piping by 12/31/98 Secondary containment for existing storage tanks by I2/31/09 The Water Department has a single-wall 10,000-gallon steel UST located at thc South County Regional Water Treatment Plant (SCRWTP) and a 550-gallon single-wall fiberglass UST at Manatee Road. Staff recommends that both of these tanks and related piping be removed and replaced with aboveground storage tanks and piping which meet or exceed ali FDEP regulations. FISCAL IMPACT: A budget amendment is needed to tra.~f~ funds in the amount of $137,120 bom Fund 412-919010, Reserves for Water Capital Outlay as follows: Amount: $137,120 To: Fund: 412, Water Capital Projects Cost Center: 273511, Combined Water Capital Project: 70026, L'ndergr~und Fuel Storage Tanks (Construction $11 a,730; Eng/neefing !.13,300: Construction Management $9,090) GROWTH MA. NAGEMENT IMPAt.-~f: None. RECOMMENDATIONS: That the Board of County Commissions, as Ex-officio the Governing Board of the Collier County Water Sewer District approve staff recommendation and the nec~sary budget amendment. Executive Summary UST - Budget Amendment Page 2 Office of Capital Projects Mmagemmt v:~i'7 ~ RKVIEWED BY: DATE ~'i:~'" '" ' lfiegel, P.E. Interim ~ ~5.~. Office of Capital Projects Management (../,~wadi ~. Fim~, Lnt,a'im Water Direr: Public Works Division Ed Ilschnff, Administrator REVIEWED BY: AA.aa. eX 5 LLITI Public Works Division EXECUTIVE SUMMARY APPROVE WORK ORDER JEI-FT98-2 FOR JOHNSON ENGINEERING, INC. TO PERFORM CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE STATE ROAD 951 12" WATER MAIN IMPROVE1V[ENTS PROJECT NO. 70824 ~.l~: That the Board of County Commissioners, as Ex-Officio the Governing Board of Collier County Water-Sewer District, approve Work Order JEI-FT98-2 to perform construction engineering and inspection services for the S.R. 951 12" Water Main Improvement project. ~ONSIDERATIONS: On December 16, 1997, item 16 (B)(4), the Board approved an agreement with the Florida Department Of Transportation (FDOT) to construct a 12" water main as a part of the S.R. 951 road widening project. As a comlition of the IPA, the County agrees to provide their own construction inspection services. Johnson Engineering, Inc., (JED is the engineer of record who prepared the design and bidding documents for this project under a separate engineering contract. Under this proposed work order, JEI will provide pcrmi~g services, inspection services and record drawings. Staff has negotiated a reduced hourly rate of $51.00 per hour for professional inspection services, resulting in a 12% savings to the County for inspection services. The total Work Order will be a time and materials, not-to-exceed amount of $90,000.00. FISCAL IMPACT: Funds in the amount of $90,000.00 are available in the budget as follows: Fund: Cost Center: Project: (412), Water Capital Projects (273511), Combined Water Capital Projects (70524), S. R. 951 12" Water Main Improvements GROWTH MANAG]EMENT IMPACT: This project is consistent with Capital Improvement Element (CIE) 824, and also, the Water Master Plan adopted by the Board on October 22, 1996. RECOMM~. NDATIONS.: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District approve Work Order JEI-FT98-2 for Johnson Engineering, Inc., to perform construction engineering and inspection services. PS:ps Attachments: Four Original Work Orders IEI-FT98-2 For Chairman's Signatur~ cc: Karl W. Boyer, P.E., Senior Project Manager WORK ORDER # ~[EI.FT98-2 Agreement for Fixed Term Professional En~ineering Services Dated September 26, 1995 (Contract #95-2422) Th:s Work Order ts for professional engtnecrml serwces for ~,'otk known as tTItlc} S. R. 9.~1 }~t' Wll~r ,~lltu Co~slrueHon Eneineerlnt · Inspection Servlce~ The ~ot~ ~s ,p~cif~e~ sn the proposal dated May 13. 1998, which s~ anached betelo and made a pat~ of Ih~s Wo~ Order. In accordance ~th the Terms and Condn~on~ of the Alinement referenced abo~'e. Work Order · ~[-FT98-~ ~s ~s~lncd to . (~ltm ~ame) Ta~k I pre. Construction Services Tas~ 2. Con~trucnon Obsetvanon (S~e atlachedptopo~al for description) ~ Complet~ ~ork wnb~n 15 months from rcce~p~ of ~be ~ot~ce to P~ocecd zulborlz~nl ttart of work. ~ In accordance w~h Arliclt Five of t~e AlteemenL the County ~11 compensate the F~rm ~n accordance wnb the aclot~ited time and materials, not lo c~ceed amoun~ md~cated ~n the schedule below' (Jr a Issk ~s time and material, so indicate and use the estabhsheE hourly rate(s} as enumerated in Schedule 'A' of I~e AlteemenO. Task I: S 4.000.00 (time & material} Task 2: S 86.00000(nme & matertll) TOTAL TIME & MATERIAL, NOT TO EXCEED FEE S90,000.00 Any change v. nhln monetary authorny of tk.s Work Order made subsequent Io final department approval well be considered an a~d~nonal service and charged according to Sched ,e "^' the ^,.ement ATteST BOARD O~ COUNTY ~O~ISIISSIO~ERS D~ ~ Brock~ Clerk Co:her Count). Florida Dcput? Clerk :.ndre~ D. Tilton, P.E. T)'pe ~:am¢ and Title Ch:~st. op~er D. Hagan, P.E. Barbara B Berry. Chairman Johnson Eng~ncer~nl. Inc Steven K. Morrxsofl, President Diana A. YOung Print .~ame JUN 1 6 1998 JOHNSON ENGINEERING, INC. F~RT ENGINEERS. SURV."YORS AND ECOLOGISTS May 13, 1998 CHRqSTC)P'--'--~ D ~ POe',,CIA,",iA ~:~':. ' · SLt'r~ 2;6 2640 ~---'..T~ ,'t'~ I~L~P~-~O~,E .:.-:" 434-0333 TELECO~£.~ _:~; NAPLES Mr. Pete Schalt, PMP Office of Capital Projects Management 3301 Tamiami Trail East Naples, Florida 34112 Rca State Road 951 Joint Participation Agreement- Utilities Construction Observation Services Collier County Project No. 79824 Fixed Term Agreement 95-2422 JEI #25348 Dear .Mr. Schah: This proposal is submitted as a follow-up to our recent conversations regarding construction obsen'ation sen'ices for the State Road (S.R.) 951 Joint Participation Agreement (JPA) utilities v. ork. Th!s proposal has been submined to outline the construction observation sen'ices you have requested to assist Collier Counb' in the construction and acceptance of the utility line work as.tociated v, ith the Florida Department of l'ransponat[on(FDOT~ four lane ~,.idetfin. g of S.R. 051. It is my understanding that Johnsen Engineering. Inc. tJEl) wlli provide consaruction obser, at,on services to ,,er/f> that the utilities are built in conformance v, ith the contract documents. JEI ~dll also be preparea to make fieid design revision decisions as ma}' be necessary. To provide these sen'ices, we offer the follovdng scope of sen'ices and estimated fees: STEVEN K GARY ~ BULL ~AN W :ICKEY JOSEPH ','. E~ER ARCHIE T ~AhT. JR KENTON R KEILING ~ ~AVI~ KEY. JR W. BRITT =OMEROY ANDREW ~ TILTON KEVIN ~' WINTER CHRzSTO~ ~ D PATRICIA ~ NEWTON MARK G WENTZEL LESTER L BULSON L Pre- Co nstruction Services: .,,_, ,.,~,, ~sls; ,.~. ,l,cr County Office of Capital Prc.:,ec:s (OCPM) in the revt.-w of contractor bids and shop drawings. JEI will attend the pre.construction conferences with OCPM and the Florida Department of Transportation (FDOT). the contractor and the appropriate permitting agencies. JEI will work with OCPM to develop observation schedule and coordinate project staffing. JEI will prepare and submit a Florida Department o f Environmental Protection (FDEP) waterline extension permit application for the project. JEI ,.,,'ill provide follow-up correspondence and complete the FDEP application. JEI will also work with OCPM to develop the procedure for review and processing of pay requests by the contractor. Estimated Fee: S4,000.00 JUN 1 6 1998 JOHNSON ENGINEERING, INC. Mr. Pete Schalt May ! 3, 1995 Page Two II. C_ onstruction Observati_on : JEI will provide one (1) construction observation reviewer for each utility. line crew the contractor has on site. This will accommodate multiple work crews and maintain construction observation of all critical items. JEi construction obser':ation will be provided by FDOT certified construction observation staff. This construcuon observation will include daily field reports that outline construction progress and specific development issues encountered. JEI ,,,.'ill also attend weekly progress meetings ~,ith FDOT, OCPM and contractor representatives on site. 'l'nese observation set-,ices are proposed to match those previously provided for the initial section of S.R. 951 and Count)' Road 951. Construction observation will include review of alternate methods and materials in the field to maintain the contractor's schedule and insure Collier Count).' receives a qualit? product. Estimated Fee: $~6.000.0Q ill Rates..: The preceding estirnat~d fees ,,.'ill be billed on a time and material basis. ['-or the purposes of this proposal, th..' following rote schedule will be utilized' Technician I 530 hr. Technician III S39.hr. Technician IX.' S48.'hr. Technician VI 551 .'hr. EngineerlV SS0hr. The rates in this proposal are discounted and only cover the sen'ices listed herein. Ail additional serMces will use the rates from our existing annual services agreement. These rates will include field lime, office time and travel time. Direct costs will be billed without markup. Each monthly invoice will be based on the time and materials expended with a brief description of the ser,.'ices provided. These fees are estimated and w.ill only be exceeded if construction observation services extend beyond those anticipated. The estimated fees will only be exceeded upon receipt of written authorization by OCPM. JEI Will discontinue services until said authorization is grawed. JUN I 6 IS98 ~OHNSON ENGINEERING, INC. Mr. Pete Schalt May 13.1998 Page Three Sero, ices Not Included: I. Environmental Services and studies 2. Surveying Services 3. ConstructionTrailer 4. Pressure Testing Equipment 5. Water Testing Equipment e. Engineering Design Services 7. Application Fees 8. NPDES Permitting or Monitoring 9. Environmental Impact Monitoring 10. Mitigation Monitoring I I. DensiE..' Testing on Utility Bacld'ill I believe that this proposal provides the construction observation services requested for the referenced project. Please review this carefully and contact me if ~ou have an.,.' comments or question regarding this scope and/or the fees outlined herein. It is my understanding that this ~ill be authorized under our annual services ao_reement as an independent project. Upon receipt of .,.'our authorizatien..IEI will proceed v,'ith the se~'ices outlined above. Thank you for this opportunity. We look forward ~o working ,.vith you on this project. Sincerely. Steve :,!~ni~-o~. Tim Teeter Steve Miller 2~~I NC. Managing Engineer EXECUTIVE SUMMARY APPROVE THE NECESSARY BUDGET AMENDMENT TO PAY FOR LEGAL SERVICES IN THE CASE OF COLLIER COUNTY V. R.A.K., ET AL, IMMOKALEE ROAD FOUR LANE IMPROVEMENT (U.S. 41 TO 1-75), PROJECT NO. 66041; CIE 06 OBJECTIVE: To obtain the Board ofCounty Cormnissioners' approval on budget arncndmcnt to pay for legal services in the eminent domain case of Collier County v. R.A.K., et al. DESCRIPTION: On September 14, 1993, under BCC Agenda Item 16B2, the Board of County Commissioners approved and executed legal services agreement between Collier County and Joe W. Fixel, P.A. to represent the County in the eminent domain case of Collier County v. R.A.K., et al. The total cost of the legal services was estimated not to exceed $50,000. Monies were idedfied under the Fiscal Impact as available in Fund 313-163673-631770. However, there was no Purchase Order opened to encumber the funding. Staffhas now received invoices for legal services authorized by the Agreement. In order to pay these invoices, a budget amendment is necessary to appropriate the $50,000 to be encumbered by a purchase order. FISCAL IMPACT: A maximum of $50,000 is required to p,.y for the legal services and associated costs. A budget amendment is needed to transfer Funds in the amount of $50,000.00 from: From: To: Fund (331 ) Cost Center (919010) Object Code (993000) Fund (331 ) Cost Center (163650) Project No. (66041) Road Impact Fee District 1 Reserves Reserves for Capital Outlay Road Impact Fee District 1 Road Impact Construction Immokalee Road GROWTH MANAGEM. ENT IMPACT: This Capital Improvement Element No. 06 is consistent with the Transportation sub-element of the Growth Management Plan. _..RECOMMENDATION: budget amendment. 'cab K.~~s~uoi, P.E., PMP Project Manager, OCPM That the Board of County Commissioners approve the necessary Date: JUN ! 6 1998 Ed Ilschner Public Works Administrator im.~ "i JUN 1 6 1998 EXECUTIVE SUMMAR]( APPROVE AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY ~-MGD EXPANSION, CONTRACT ~)6-.2474 AND AUTHORIZE STAFF TO SALVAGE DECOMMISSIO~D SOLIDS PROCESSING EQUIPMENT OBJECTIVE..' That the Board of County Commissioners, as Ex-Officio the Goveming Board of the Collier County Water-Sewer District, approve amendment three to the professional services agreement with engineering consultant, Hazen & Sawyer, P.C., to revise the design for the proposed North County Regional Wastewater Treatment Facility (NCRWWTF) 5-mgd Expansion to reflect a change in the solids handling process. CONSII)ERATIO~q: The most recent expansion to our NCRWWTF, pursuant to Bid 93-2033, included the addition of a sludge pasteurization process, known as the RDP process. The intent was to convert a waste product into a marketable product thereby making the NCRWW'IT a regional residuals treatment and marketing facility. County staffwas unable to find a market for the finished product. The County has received odor complaints fi.om the surrounding community since the RDP process went into operation. As a result, staff evaluated options to retrofit the existing facility with odor control. Bids to enclose the solids handling facility preparatory to providing odor control were received pursuant to Bid No. 97-2665. The bid wr, s to weather-proof the moisture- sens!tive sludge pasteurization process by enclosing portions or,he existing facility. The low bid was ~n the amount of $1.4 million. On October 7, 1997, the Board rejected these bids at staff's recommendation. The design for the proposed plant expansion includes adding a two-stage odor scrubber at an estimated cost of $1.55 million. The combined investment for adding odor control for the solids handling area is estimated to be $2.95 million. Lack of a viable local market for the finished pasteurized sludge product makes continued operation of the RDP solids pasteurization process uneconomical. That, coupled with odor concerns, provided justification for staff to decommission the RDP solids pasteurization process and to return to the less-expensive practice of hauling non-stabilized dewatered sludge for disposal at the landfill. Since Bid No. 97-2665 was rejected, staff has researched alternate solutions to the solids handling and odor issues. Staff has concluded the most economically feasible approach is to retire the RDP process and salvage the ass,~ciated solids handling equipment. On May 14, 1996, agenda item 16(B)(4), the BCC approved a professional services agreement with Ha.zen & Sav,9,er, P.C., for this pro. iect per RFP 96-2474. Design of the proposed plant expansion is currently 90 percent complete. Amendment No. 3 is proposed to provide engineering services to modi~ the plans and specifications to reflect a change in the solids handling process. A summary of changes to the professional services agreement is as follows: Amount Original $745,000 Amend No. 1 5768,895 Amend No. 2 $65,750 Amend No. 3 $88,495 Total Fees $1,668,140 Preliminary Design Final Design and Bidding Upgrade reclaimed water pumping station Change solids handling process Executive Summary Approve Amendment Three to Professional Services Agreement With Ha.zen & Sawyer Page 2 FISCAL IMPACT: Funds in the amount of $88,495.00 are available in: Fund: (413), Sewer System Development Fees Cost Center' (263611), Wastewater Capital Projects Project: 73031, NCRWWTF 5-mgd Expansion. GROWTH MAY4AGEMENT IMPACT: This proposed treatraent plant expansion is needed to meet increasing waste'water demands in the north service area of the County and is consistent with the 201 Facilities Plan Update as approved by the Board on July 19, 1997. Based on projected flows, that plan identified the need to complete the proposed expansion by the year 2002. The proposed amendment to redesign the proposed expansion will increase the time to complete the total design; however, the additional design time is not expected to prevent the additional treatment capacity fi.om becoming available when needed. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve amendment three to the professional services agreement with Hazen & Sawyer, P.C., in the amount of $88,495 related to the NCRWWTF 5-mgd Expansion and authorize staff to solicit bids to salvage the decommissioned solids handling equipment. ~,d{~ t¢14/~ 'Peter Schalt, PMP, Project Manager Office of Capital Projects Management Rich rd Hellriegel~' P.E., Intelim Director Office of Capital Projects Management REVIEWED ' DATE: ._ r 60s, ~aste'rater Director Public Work",~l~ivisio;l REVIEWED '~~~~~DATE: Ed Ilsckner, Admirfistrator Public Works Division Attachment: Eight original Professional Services Agreements - Amendment No. Three for Chairman's signature. ,, ] JUN I 6 1998 NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 3 to the Agreement dated May 14, 1996 (hereinafter 'AGREEMENT") is made and entered into this day of , 19 .... by and between the Board of County Commissioners for Collier County, Flodda, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer Distdct (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as O"PROJECT"), said services more fully descr;bed in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some merJifications 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 consideratioq of the mutual covenants and provisions contained herein, padies agree as follows: JUN 1 I~ 19~8 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 agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREE~4ENT which are attached heretol~ and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. JUN 1 § lS98 4.1 ARTICLE FOUR The AGREEMENT, as amended, shall remain in full force and effect. .0 IN WITNESS WHEREOF, the parties hereto have executed this Professional S~rvices Agreement for the NORTH COUNTY REGIONAL TREATMENT PLANT S MGD EXPANSION the day and year first wfftten above. ATTEST: (As to Chairman) 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 Amendment to WASTEWATER By: By. Dwight E. Brock, Clerk Barbara B. Berry, Chairman Approved as t~ form and legal sufficiency: ~ ~tness By: Hazen & Saw,ysr, P.C. President ! JUN I 6 IS95 AND SAWYER [nvlronmtnta~ Efl~inee~s & Sclenti$1s Ma,/14, 1998 Mr. Pete Schalt COU. IER COUNTY PUBLIC WORKS OEFK;E Of: CAPITAL pROJECTS k~e. NAGEMENT 3301 Tm13iami Trail Eas'I au k ng o Naples, Florida 34112 2:01 k, rJ 5~'~ 197 IOTO /~u. V~a Fm:~nae/U.S. Mat NCRWWTF 5-MGD Expansion Dear Mr. Schatt: The purpose of th~s letter is to define tl'm scope of proposed Contract Amendment No. 3 for the above-referenced project This amendment includes various adcrrtions to the Scope of Wo~ for Task A.3 (Final Design) related to the Sludge Dewatedng and Sludge Stabilization Facilities. The County has elected lo remove the ex~stJng Sludge Stab{tization F'ac~tity from service and sell all related equipment. The County will now dispose of all dewatemd siudge from both the No~lh and South Regional WWTF's direct~ to the County landfill The following itcms at the Sludge Stabiliz3bon Faolity w~ll be removed b7 the County apart from the 5-MGD Expansion project: · Thermoblender, thenT~ofeeder, lime feeder, lime storage silo and appurtenances, pasteurization vessel, and stabilized sludge discharge conveyor · Afl metaJ acr~ss ~ta,cways and a.:cess platforms except (1) the platform around the dew, crud sludge discharge conveTcr on the east outside face of the Dewaledng Bui~ing[ and (2) the stairway leading from the .~forcmentJoned platform to the RDP syslem platforr11. · Ali cl~<:tdcai and instrumentation equipment System. The following rtems at the Sludge Stabilizalion Expansion project: direcl~y related to the Sludge Stab~iza~on Facilily w~ll be Live bollom bin, concrete loading ramp to INe bottom bin, conveyor, and the platform and stairway Ii~ed above, removed under the 5-MGD RDP system serpentix feed 424.3L066 A__d,~d~onai Work Item No. /.. a. Once the live bottom bin and adjacent sta~taTIPlatf°rm ;ua removed under th.~ 5,-MGD Expansion project, the County has requested that the ava~bte space be ut~ized to create a -d~e. through' configuration for the County's dewatemd sludl;e hauling truc~. This be accomplished I:ry extending an access road from the east plant perimeter road to I~ Dewaledng Building truck loading area. b. During the expansion of the Sludge Dewalering Building under the 5-MGD Expansiort project, it was anticipated that sludge would be discharged to the Sludge Fac;3ity Ounng the building expansion, the point of direct discharge of dewatemd sludge into hauling trucY, s will not be available. Since the Sludge Stab~Jzation Facility has taken out of service, a tempocary sludge discharge point will be required just east of the Dewalenng Building. This will require shortening of the exJslJng belt conyeyo~' end installation of a temporary eJecldcal feed to the reloc~ed conveyor motor c. Ounng our init, iai meeting W~th County staff (early March 1998) to m¥iew the scope of the Counb/.requested modifications to the Sludge Dewatenng and Stabilization Facilities, the County requested that the following acld~onal i~ems be included. Evaluation of the need for a fourth .belt i;xess. It was thought by plant operators that the fourlh press may be requir~l to address reduced feed s, olk:ls concentrations atx~ belt binding caused b'/ hear7 grease and septage Ioadir~g during the 1998 high season. · Replacement of the existing dewatered sludge belt C~;.vel~' wfl, h a screw conYe~jor. ^tthough the belt c.,onYe'for is function{rig satisfactorily, i~ [s thought by operatin~ staff that a screw conveyor lessens housekeeping efforts. · Evaluation of additional sc~'ew conYeTors perpendicular to tl~ principal conveyor to allow two sludge hauling truc~.~ to b~ loaded side. by-side The staled ~ was to reduce down t~me wh~le one tmc~ dm/es awe7 and another ~ drives inlo place. was estimated that this arra;~;~ement would save approx~matel7 10 to 15 minutes every four-hour Io,~ding cycle. During our April 27, 1997 meeting to review the County's comments on the Reuse Pump Stat)on Modifications, the above mOdifications were discussed to §nalize the sc~pe of addi,jonal work The follow~ng was decided: · A fourth pass and appurlena,~ces would cost approximately SE~X),(XX3 to $700,000. It was noted that a second graYRy thickener to be added under this I:~Oject would improYe solids feed concentrations. $inc~ the hcaw grease and .~eptage only became signi13cant during February 1998, it wes agreed that ir~allation of fourth press wou.td be premature and should be deferred until after the second gravity thickener and third belt press are installed under the 5-MOD E.xpans~on project. Mr. pete Schalt May ~4, f9~8 page 3 of 4 · Since the existing belt press belt conveyor is operating satisfactorilY, and hs mmovai and replacement with a new scrm~ conveyor would cost approximateh/$100,000 to $150,000, itwas agreed that the existing belt oonve~or amain in place. Howe-vet. the County mci'Jested that the new belt press discharge com, myor to be installed with proposed Belt Press No. 3 bn changed from a belt conveyor to a screw conveyor. As such, the County will be able to evaluate belt and screw oonveyors in 'side-by-side' performance. · It was decided that the cost of tran~erse conveyOm was not jusl~fied ~ the rmlath'ely sear time savings during changir~g of loading tmc~. Therefore, the only design modif-~.afio¢~ resulting from ~tem 'c' is to change the existing belt conveyor from proposed Bert Pass No. 3 to a screw conveyor. The changes in 'a', 'b' and 'c' w~ll r~uirm three new civil drawings and modrt',::ation$ lo 13 ch41/ mechanical drawings and 3 to 4 etectric~ drawings The ;additional wo~ w~'li also be incorporated irlto the contract specifications and the engineer's final construction cost estimate. Add/b'onal Work Item No. ,2. Under Contract 1 of the NRVVVV'TF 5-~.~GD F_xpansion i:~'oject, the project scope c~ed for building enclosure to be constructed amuncl lhe existing Sludge Stab~T~zation Facility's equipment and sludge storage areas, It was later determined that the County had llmiled b~get to imp~ment the total design in that year's fiscal budget. In c~,~er to prepare the plans arx:l spechqcations so that the project could be t:,d within the County's bud~t constraints, the contract documents wee presented with a base b~d des,:Jn and fo~r Did attemate designs. As a the initiat design, ex,oected to include apl:x"oxJmatetY 10 drawings and a simple set of spechSc~tions, gr~w into a set of appt-ox~matety 30 drarwings and a mom ~nvotved sat of speciftcations (particularty the bid schcdule). ,Addiffone! Wo~ /t_em No. 3. Fottowing the bid opening, Co~tract I fc~ the Studge Stabilizatic~ Facility I~flding Enclosure was canceled. The 90 pm'cent contract documents for Co,~Ct 2 of the 5-MGD Expansion project were prepared on the assumption ~at th~ improvements clesign~l under Contract 1 would be an 'existing' c~ndil~on for the Contract 2 oonstruclion. The efimination of Contract 1 causes the foflowing impacts to Contract 2 contract documents: · Major changes to 14 civil dr-~4ngs (paving. grading, yard p~ping) Changes to 4 meohanical drawings al the Dewatering Building · Revisions to 10 electrical and 4 HVAC drawings Additional costs for Additior~al Work Items 1 through 3 are summarized on the attached Table CA3-1. Attached arm copies of Schedule B - Attachments A (Schedule of Fees for Basic Services) and C (Schedule of Fees for ~' dd'~ional Services), which have been updated to incluc~ the fees listed above. Also attached is Schedule C - Project Schedule, which has been upclsted to incorporate Contract Amendment No, 3. Based on receipt of a purchase order for this .......J JUN 1 IS M~. ~ May f4, 1998 Page 4of4 amendment by June 8. 1998, the revised date of advertisement of the 5-MGD Expansion project for bidding is Ju~/26, 1998 We witl commence with the design work upon receipt o{ a purchase order for Contact Amendment No. 3. If ~ have any questions or require additional information, please do not hesitate to call me. HAZF. N ,eND S~,WYER, P.C. Kurt A. Pfeifer. P.E. Project Manager GaP/Bors Albert Muniz Bob Burbrink Fi)e 4243 - 1.2 4243LO6d JUFt 1 6 COLLIER COUNTY NRWW'TF 5-MGD EXPANSION CONTRACT AMF. NDMENT NO. 3 TABLE CA3-1 SUMMARY OF ENGINEERING FEES ~,~dition~ 2 3 Dewatedng Truck Drfve-Thrc~gh/Bc=~t Press Screw Conveyor Coordination and review mee~ngs Revisions to 13 civil and mechanicaJ drawings Three (3) new drawings for demoti~od and conveyor change Revise and coordinate spec~lic~tions Revise ErH:jineer's construction cost estimate Consutta.nt's 10 percent markup Subtotal Contract I Bid Alternates Addition of or modifications to 8 structural and architect, drawings Addition of 9 electrical and HVAC drawings Addition of 6 civil drawings Consul~a. nt's 10 percent markup Subtotal Impact of Contract I Cancelab'on on Contract 2 Design RevL~ons to 14 c~vil drawings Revisions to 4 mechanical drawings RevLsic~s to 10 electdcaJ drawings and 4 HVAC drawings Consu~ar~t's 10 p~rcent ma~:up Subtotal TOTAL $2,960.00 $15,620.00 $18,270.00 $3,320.00 $1,280.00 $4,145.00 $45,595.00 $25,300.00 $7,000.00 $2,000.00 $7,000.00 $1,600.00 $17,600.00 ~1 Page 1 JUN I~L,%$ J ,¢. II ...__J or/tO z,,~ 0 t-.- Il 0 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE COMPUTATION FOR THE MARCO ISLAND WINN DIXIE SUPERMARKET OBJECTIVE: Obtain Board approval for an alternate road impact fee study for the Marco Island Winn Dixie Supermarket in accordance with Section 2.03 of Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance"). CONSIDERATIONS: The Ordinance sets forth the requirements for the imposition and collection of road impact fees. Among the parameters used in computing road impact fee rates in the rate table in Appendix A of the Ordinance are tr~p length, trip generation rate and percentage of new trips on the external roadway network. Table 5-1 in the Tindale-Oliver (T-O) Report incorporated into the Ordinance lists trip rates, total trip lengths, and assessable trip lengths for various land uses. The values listed for the "Supermarket" land use show a trip rate of 125.50 per 1000 square feet of supermarket, a total trip length of 2.8 miles, and an assessable trip length of 2.1 miles. In Table 2-4 of the T-O report, the percentage of new trips for the "Supermarket" land use is given as 38%. The applicant believes that the unique geographical characteristics of Marco Island lend themselves to a shorter trip length and a lower trip rate than that presented in the T-O report. Section 2.03 oft,he Road Impact Fee Ordinance permits an applicant to submit an alternative road impact fee. To determine the site-specific input factors /bt the Road Impact Fee Worksheet, an origin/destination (OD) study was conducted at the Marco island Winn Dixie. Attached are pertinent excerpts from the applicant's study (Attachment No. 2) The parameters of the OD study were consistent with those set forth in the T-O report. The OD study and additional site-specific traffic counts were conducted during the peak season. Twenty-four hour road tube traffic counts were collected at the site entrances to determine the trip generation rate factor. As a result of this investigation, the following factors were obtained by the Winn Dixie consultant for this particular Winn Dixie supermarket: Trip length: 1.9 mile total; 1.4 mile assessable. Trip generation rate: 106.10 trips per I£'00 square feet of supermarket. · Percentage of new trips: 45% (computed independently by county star0 These parameter values were inserted into the Road Impact Fee Worksheet (Attachment No. 1). Based on these values, the alternative road impact fee for the Winn Dixie Supermarket on Marco Island would be $88,916.16. Approve An Alternate Road Impact Fee Page 2 of 2 FISCAL IMPACT: The Rate Table in Appendix A of the Ordinance provides for a fee of $2,825/1000 SF for a "Supermarket". Given the size of this facility (48,400 SF), the road impact fee due under the parameters established in the Ordinance would be: 48,400 SF X $2,825/1000 SF = $136,730 Under the proposed alternate road impact fee, the applicant would pay only $88,916.16, a difference of $47,813.84. During the permitting process for this particular supermarket, an error was made and the road knpact fee for a "Shopping Center" (Retail <50,000 SF ~ $1,75511000 SF) was inadvertently charged instead of that for a "Supermarket". Therefore, the applicant has already paid $84,942 of the total that would be due if the alternate road impact fee is approved. A.u additional $3,974.16 would b~ due at this time. If the proposed alternate road impact fee is not approved, the applicant would owe an additional $51,788. If the proposed alternative road impact fee is approved, there would b~ a reduction in income to Road Impact Fee District 4 Trust Fund (Fund 336 - East Naples and Marco Island) of $47,813.84. Tiffs reduction in road impact fee revenues will not adversely affect project funding. GROWTH MANAGEMENT IMPACT: None impact fee issue. ~ ~ PREPARED BY:~n Services Director · Th~Kuck, P.E., Engineering Re,t~v Director RECOM?~LENDATION: That the Board approve the proposed site-specific alternate road impact fee for the Marco Island Winn Dixie Supermarket, and; a,,~hofize staffto proceed to collect any outstanding funds owed based on the Board's direction wit. ia respect to the alternative road DATE: REVIEW'ED Vincent A. Cautcro, AICP, Development Services Adrninistralor B~ DATE: d- ~" ~ AttacNments: EJK/mkt0$209~ XSUM re_M[ WMn I~xJ~ A~ Rile.do,. No. 1 - Road Impact Fee Worksheet No. 2 - Excerpt From Applicant's Alternate Road Impact Fee Study m iii ii1~{~ i JUN I 6 1998 ORIGIN ! DESTINATION STUDY for Winn Dixie Supermarket, Marco Island Prepared for: Winn Dixie Supermarkets 2400 E. Hillsborough Avenue Tampa, Florida 33610 Prepared By: Wilson, M~ller, Barton & Peek, Inc. Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, FL 34105 May 1998 _TABLE OF CONTENTS CONCLUSION ................................................................................................. QUESTIONNAIRE .................................................................... - ...... - ............. _Apl~ndix A TRAFFIC COUNT DATA ...................................................................... - _: Appendix B TRIP GENERATION RATE COMPUTATION ........................................... Appendix C 'INTERVIEW RESULTS ................................................................................... Appendix D SITE MAP .................................................................................................................. Appendix E IMPACT FEE COMPUTATION .............................................................................. Appendix F ITTACHMENT NO., AGE z. ~JF 4 JUN ! 6 1~98 The purpose of this report was to determine an alternative road impact fee calculation for the Winn Dixie site on Marco Island as provided in Section 2.03 of the Road Impact Fee Ordinance, Ordinance 92-22. Section 2.03 allows an applicant to submit an alternative Road Impact Fee if the applicant feels that the impact to the Transportation Network is less than the fee established by the County. The characteristics of Marco Island are unique and do not follow the "generic" impact fee inputs provided in the Road Impact Fee Ordinance. The island is relatively small in size and cun'vntly has three supermarkets operating on the island. In addition, the only assessable roadways used for impact fee calculations on the island are Bald Eagle Drive, North Collier Boulevard (to San Marco Drive) and San Marco Drive. The majority of roads on Marco Island are not assessable for a road impact fee, and therefore a new development would have a far less assessable trip length than given in the generic ordinance tables. Table 5-1 in the ordinance lists for a supermarket, a total trip length of 2.8 miles, and an assessable trip length of 2.1 miles. In order to determine the assessable trip length for the Winn Dixie, an Origin/Destination study was conducted. An Origin/Destination study determines "where" (i.e., origin and destination) and "why" (trip purpose) people travel. The type of OriginfDestination study used for this case was a site interview utilizing a short queqionnaire (see Appendix A). Winn Dixie customers coming in the store were randomly interviewed. The study was conducted on April Ist, 1998 between the hours of 10:00am and 4:00pm. 71 interviews were conducted at the Wirm Dixie site. The interviews represent more than 6% of the trips generated during the stud), time frame. Each interviewee's origin & destination approximate location was labeled on a Marco Island map. To correspond with the origin/destination study, 24 hour tube counts were also collected at thc site entrances on March 31st, April 1st and April 2nd. This data was collected to determine a site specific trip generation rate. See Appendi:~ B for tube count data. The collected survey information was then disseminated and processed into a spreadsheet form. The spreadsheet lists the sample number, the origin location, the destination location, the assessable roadways traveled, the total trip length, and the assessable trip length. This was done for all 71 samples. The trip length data was also summed and averaged (see Appendix D). [AllACHMEN.~ NO. PAGE L~ Z OF ~L Page l _CONCLUSION Thc 24 hour trm~c counts for thc three days averaged 5,135 for thc 48,400 squar~ foot Vfw, n Dixie. As a result, the site ~ a trip generation rate of 106.10 per I000 square feet of supermarket (see Appendix C). Table 5-1 in the ordinance lists a trip rate of 125.5 per I000 square feet for a supcrmarkcL From the origin/destination study, the total lzip length averaged 1.946, or 1.9. The assessable trip length averaged 1.407, or 1.4. A site map with the azscssable trip length radiu~ of 1.4 miles can be found in Appendix E. Based on these findings, the alternative road impact £ee is $75,105 (see Appendix F). HO. OF Page 2 JUN 1 6 1~$ E)CECUTIVE SUMMARY APPROVE A PURCHASE ORDER INCREASE FOR ADVANCED LAWN AND LANDSCAPING WHICH EXCEEDS TEN PERCENT OF THEIR CURRENT CONTRACT. OB.IE~: To obtain Board approval for a Purchaso Order increase which exceed~ ten perceat (10%) of.advanced Lawn and Landzcapin$'s arauutl contract for landacape n~ntenanc~- CONSIDERATIONS: On 1anuary 7, 1997, the Board awm-ded Bid g96-2597 to Advanced Lawn and Landscaping for annual grounds maintenance in the Lely Golf Ez~te~ Beautification Distdc~ (MSTLO. The curr~t amount of this contract is $30,219.60. At their me~cing of December 12, 1997, the MSTU Advisory Committee heard a propo~ from th~ I. an~ Consultant to increase the level and variety of plaat material ia their medians, and voted ia favcr ofthis improvement On March 16, 1998, Advanc~ Lawn and Landscaping provid~d"a scope of work to the MSTU (atlached), also approved by the MSTU, which d~,'tailed the locagon at id cost of each improvement. The total cost of these improvemmts is $3,665.18. This work was performed in addition to thc Contractor's a,-mual contract, and was completed on May 6, 1998. The cost represents 12% of the dollar amount of the turin! contract, and an increase to this conll'act requires Board approval. ~: A Purchase Order increase in the amount of $3,665.18 is required to pay the cost of median improvements noted above. Funds for this increase are available in the Lely Golf Estates Beautification Fund (152-162541-634999). GROWTH MANAGEMENT 13IPA_C,.~: None _RECO~NDATION: That the Board of County Comndssioners approve an increaso to Advanced Lawn and I,andscaping's currr-nt grounds maintenance contract in the amount of $3,665.18, which represents the cost of plant material improvements approved and requested by the Lely Gol f Estates Beautification MSTU Advisory Committee. JUN ! 61~9S M~rch 16. 1995 Mr. Val Prince Collier County Transp. o:'teion Services 33'3t Fast Tn,'nian,i Trail Nap!e,< FI. 34112 Attn: Mr Val Prince Re: ' ,-';'-~..., Goff' F. states I'ea,.:.titication. ~t'; T.L' Decem,.:.,"-'- 1997 Qua~erly Mainlem, nce Report Ti,;_~ ;':'.:,=o.,:,i cci;~:~des ,' i:t~ ' 'i' e ','~"-' ' · . -....oee s reccmmer, dafions of!ar.,dscape improvemenls ~o I.c!x (.}:.!f r--..sta:e's .': i?dians SCOPE OF WORK Insta}l 12 \'ariegaled Arboricola bel,ind North sign t7 gal} (~ $35.00 * 2. ltd ins:aii ~ OwagBougaimqJlea (3 gal ~ '(~ 510 17 = ~an Remove Th~'allis and install: 75 Dwa~ Allamanda (3 gal ) ~. S 10.17 = In~tall co~cre~e edging al crossxx a!k = Replace 15 Liriope 'Evergreen Giant' (1 ga! ) ~ $3 05 = ln~tali g Africap Iris (l gal.)'g 53.05 = ,54.20.00 $ 50.85 $762.75 $175.00 (complete) $ 45.75 S 24.40 JUN 1 6 1998 Page 2 (Lely Medians) PAGE Median #5 Remove Ixora under Washingtonian Palms and install 30 Dwarf Allamanda at 2 locations 60 DwarfAllamanda (3 gal.) ~ $10 17 = $610.20 M,tdian #6 Remove lxora and install: 35 DwaffAllamanda (3 gal.) @ $10.17 = Replace 5 kifiope 'E.G.' (1 gal ) ® $3 05 = :$355.95 Total -- $371.20 Media o #_2 h,sta;I '; Dx~.aff', Bo,,._uainviiiea (3 gal.)I~ SIC.,. 17 = $ 30.51 M e.d ia n~8 Replace 5 Liriope 'E.G ' (I gal.) ~, $3.05 = 15.25 Install 5 Liriope gal ) ,~ 5;3 05 = 15.25 ~! ,tdi,~.t~._9. Rerm',.'e Thrxailis and instal! 30 D,va.'T Allamanda (3 gal )~ $10.}7 = $305.10 Medi a.rL.g.J l Replace 12 Liriop,: ~ both ends' 24 Liriope 'E.G.' (1 gal )~ $3.05 = Install I Dxxarf Betmainvi!lea (3 gal ~ --: $ 73 20 S 10 17 Total = S83.37 ~.l~d i;m__~_ 12 Replace 8 Liriope .7._t', both .ends. 16 kiriope'EG' (1 gal.) @ $3 05 = S 48.8O ~,M.edinn #i2 Flush cut and remove I Cabbage Palm = 5 Le~tj ~_~_I Replace S 15.25 JUN 1 1998 I IIIII IIIII IIIII II Page 3 (Lely Medi: ,"~) JATT NO,. PAGE Replace 15 I Nope on each end: 30 Liriope'E G' (J gal.)'~' $3.05 Mtdian_tt2I Flush cut and replace I booted 8' Cabbage Palm: Flush cut Cabbage Palm = Install I Cabbage Palm (8' booted) :': $ 91.50 $100.00 $150.00 Total= $250.00 Flush cut and replace 1 buoted 8' Cabbage Palm: Flush cut Cabbage Palm = Install I Cabbage Palm (8' bomed) = $100.00 Total = $250.00 Landscape Total = $,3,665.18 * Quantities and'or types of plant~, x,.'e:e changed per walkthrough en 1/30/98 with Kev Bali a,,'d M;ke \IcGee EXECUTIVE SUMMARY APPROVE ADDENDUM IV AND THE GRANT AWARD AGREEMENT RELATIVE TO SUGDEN REGIONAL PARK. Objective: That the Board of County Commissioners approve addendum IV and the final grant award agreement with Florida Communities Trust relative to Sugden Regional Park, and direct staffto corrrx, tly adjust the project funding utilizing budget amendments. Coa~ider~tion:On April 16, 1996, Collier County entered into a Conceptual Approval Agreement with Florida Communities Trust for a State Grant award relating to the'~,quisition reimbursement of Sugd~ Regional Park. This agreement has been extended several times over the course of the two years due to the discrepancy between the land value appraisals as required by Florida Communities Trust administrative procedures. This matter has since been resolved, . and the Florida Communities Trust Board recently voted to accept the final grant award agreement. Addendum IV extends the ienglh of the tentative conceptual approval while the grant award agreement is processed. The grant awards the County an estimated $854,000 for reimbursement towards the acquisition of Sugden Park. In exchange the County will remove exotics from said location, ~d build a nature interpretative center (similar to Lely Barefoot Beach Preserve) over the course of the next several yearn. Growth Management: Sugden Regional Park is compatible with the Recreational and Open Space Element of the County's Comprehensive Plan. Fiscal Impact: The anticipated grant funding has been appropriated in the Parks Improvement Fund (306) in the amount of t;730,000. The additional funds received will be appropriated by a budget amendment adjustment upon receiving the exact award amount. Additional budget amendments will then be processed to replenish Regional Park Impact Fees (345). Regional Park Impact Fee Reserves have been utilized towards thc completion of t;m project while awaiting th-: realization of the grant revenue into the Parks Improvements Fund (306). Upon receiving the revenue, the budget amendments will adjust the sum of construction expenses into Fund (306) in an amount not to exceed the total grant award. The amount of $80.000 for Phase I exotic removal has been requested in FY 98/99 budget, Parks improvements Fund (306). The interpretive center and pathway, to be build within the next five years, v~ill cost approximately $300,000 and will be budgeted in Regional Park Impact Fees (345). Recommendation: That the Board authorize the Chairman to sign said agreements and direct staff to issue the necessary, budget amendments recognizing the different..' in revenue, anti the adjustment of expenses from the Regional Park Impact Fe', Fund (345) into the Parks Improvement Fund (306). Prepared by: Date John Dunnuck, Operations Coordinator Department of Parks and Recreation Reviewed and Approved by Maria Ramsey, Director ~ Department of Parks and R~g~eation Date Reviewed and_ ~. '~'"~! ~ - Approved by I I~ ~, A~ ~ _ Date rg Division of Public Semices CONTt:L-XCT e 96-CT-2S-95-56-Al-O17 FLORIDA COMMUNITIES TRUST AWARD ;~95-017-P56 ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMTNT THIS ADDEN'DU~'I IV to the Conceptual Approval Agreement is entered into by and between the FLORIDA CON~{D~qTIY_.S TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY '("FCI Recipient"), this day of , 1998. WHF. REAS, the parties hereto entered into a Conceptual Approval Agreement which set~ forth the conditions of co;:cepmal approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preser~'ation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired November 8, 1996; X~,%T-?.EAS, tine Concept'ual Approval Agreement wax amended by ADDENDUM I to expire May 8, 1997, by ADDENDL..'M II to expire November 8, 1997, and by ADDENDUM III to expire .',;a. S. ] 9981 \\7qEP, EAS. ;ke FCT Recipient in accordance with GENT. tLAI. CONDITIONS paragraph 3of the Conceptual Approval Agreement and in compliance with Rule 9K- 4.010(2)(k), F A C, has timely submitted to FCT a written request for extension of the May 8, 1998. ,~ \\'i-''''' ~ ' q :-'- r,:.-~ ...... FCT Recipient has requested that the FCT governing body amend the Concer.::_. A?.r.:ova! Agreement from a S854,210.00 award to a $881,374.00 award and the FCT go', erning ~o~',' ::ppro~ed this request on May 18, 1998; WHE.rLE.<S. GENER.-U.. CONDI'!'IONS paragraph 14 of the Conceptual Approval Agreement states ;hat the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipiem Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; \VHEREAS, the p,~'-ties hereto desire to extend the term ofthe Conceptual Approval Agreement ax provided by Rule 9K-4.010(2)(k), F.A.C.; and WHEREAS :he parties hereto desire to amend the Conceptual Approval Agreement to increase the amount of the award; ADDI \, ,.9_-..~ ~ 7-~>a 6 5/18/98 l'A~en'da, JUN 1 1998 NO;:,; TP_mREFOILE, ,..he FCT and FCT R.ECIPIaE'N'r mutually affee as follows: I. Sect. ich 1.7. is hereby replaced, revised and superseded by the following: 7. The FCT Prese."va:ion 2000 award .m'anted to the FCT Recipient will in no event exceed :he lesser of FOKTY percent (40%) of the final total projea costs, as de~ned in Rule 9K-4..002(3 t), F.A.C., or EIGHT HUNDRED EIGH'IW-ONE THOUSAND THXEE HUNDRED SEVENTY-FOUR ~nd 00/100 Dollars ($8g 1,3'74.00), unless the FCT Croveming Body approves a greater amount pursuant to Rule 9K-4.01 l(2)(a), F.AC. 2. Nor,~'i',.hsm'ading the lan~age of Scion I. G~qEKAL CONDITIONS, paragraph 3. and pa"2__~-a..-,h 14, the pa-tie: hereby agree to revive it nun: pro tunc as though it had not lapsed in ac:.ard-.'~ze vdth pa-a_m'aph 3. ............ -" :.kis ' is ,-,.,.-~,, a.m.-.".cment to be ccr. swue-d a.nd a~piied as thou~ the pa.r'des had May 8, 1998. 4. IT'~e Ccr. ceFv.:'al Approval Agreement by md be.ween FCT and FCT Recipient is hereby ex-:--nd::' a '2..-.: sz:9]cien.', to complete the reimbu.uement. 5. ?kG !::: :." exe:u:!:.-. :." :/':is addendum s.'-.z!! be the elate ~,at the las: party signs this a! :/: :. -'.:..-.. T-.U- .'-Du'-.."Du.,: rV TO CONCEPTL'.a.L APPROVAL AGREEMENT, ADDENDUM III, · ~-'. ,-,~...: - ..:.DDE:,.-DU?.,1 i, C~,e CONCEPTUAL APPROV..~ AGREEMENT and its ~ %:'.-'.- ". .... --'_" ~...1 · · -~:..-:.~ .-., -, , -.., "C" em'tod;' ',he en::re A~eemen: between the parties. LN '~:,'2."-N. 'E£5 ',:C-:-:RZOF, C".-. ~,~":ies here:o have duly executed this ADDENDUM Iv' TO CO~:T:.l?Tk'.-'_' A?P?.OV.-.'Z AGKEEN~.NT. FLO?,.E)A CONg, fL]qTIES TRUST By: 5eruara B. 5errf, Chairman James F. Murley, Chair Date: Deputy Clerk leca! suffi:ienzy: ~t Assistant C:'_'nty Attorney ADDi;'/95-~l 7-P56 5/1=-,'9= Ac:epted as to Form and Legal Sufficiency: ..~n J. Wild, Trust Counsel Date: L A genoa Item 1 U 1998 This instrument prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 CONTRACT # 96-CT-2S-95 56 al 017 FLORIDA COMMUNITIES TRUST P56 AWARD# 95-017-~56 GRART AWARD AGREEMENT THIS AGREEMENT is entered into this day of , 1998, by and between the FLORIDA COMMUNIT---IES TRUST ("FC~"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the COLLIER COUNTY ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253, 259, and 380, Florida Statutes. ~EREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulator¥ agency within the Department of Community Affairs, which '~ill assist local governments in bringing into compliance and implementing the conse~'ation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; ~iqEREAS, Section 259.101{]) (c), Florida Statutes, provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grab%ts and loans to local gover~lments through the FCT; ~HE:-cEAS, the Governor and Cabinet authorized the' sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GAA\95-017-P56 5/18/98 1 { A:~.~.~ l~e.%' ~ / JUN 1 6 1998 ~EREAS, Rule 9K-4.010(2) (e), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K-4, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site was acquired and the FCT Recipient has acquired title to the Project Site and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the 5oard of Trustees of the Internal Improvement Trust }h/nd upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes; and ~EPSAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property ~hich is subject to the agreement and shall be recorded in the county in which the real property is located; and ~-HEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with FCT Preservation 2000 Bond Proceeds. .... R_.O.._, in consideration of the mutual covenants and under=akings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follo%.s: I. GENERAL CONDITIONS. !. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the cfficia! public records of Collier County, Florida, and in such harmer and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The FCT Recipient and FCTagree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. GAA\95-0 i7-P56 5/lS/9S 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and 6onstrued in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as nay be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: Collier County Parks & Recreation Dept. '3300 Santa Barbara Bi~.~/- Naples, Florida 34116 ATTN: Merle R~T~e¥, Director 7. If an}' provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impairer. II. PROJECT SITE REQUIREMENT3 IMPOSED BY C~APTER 375, AND CHAPTER 380, PART II1, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4) (e), Florida Statutes. GAA\gs-ci7-P56 o._m4c) / 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in the Project Site it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. in the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide fumds fcr suck restcration work. In the event that the FCT Recipient fails %o commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at la~ or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restricticn~ cf ~i%is Agreem~n~ concerning the construction and operation cf the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project Site shall be managed on].y for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. GkA~95-017-P~6 5/~S/gS 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The fC? Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicate~ to open space, conservation, or outdoor recreation uses as apprcpriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been cbtained prior to the commencement of any construction. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. f. FCT staff or its duly authorized representatives shall have the..7o..~-~- at any time to inspect the Project Site and the operations =f th~ FCT Recipient at the Project Site. 7. Ail buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alteraticns shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildinTs, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considere5 wrftsen approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The GAA\95-0i7-P56 5/~8/9S 5 FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT an~ FCU Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shal~ provide at least 60 days written notice of any such activity or inter.st to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmen%al person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; c. any sales contract or option to buy things attached to the --~ ?~~;ect Site to be severed from the Project Site, with a non-governmental person or organization; d. an}' use of the Project Site by non-governmental .... e ..... n r! such person's capacity as a member of the persons ~'~ ~ -~ : general $ublic; e. a management contract of the Project Site with a non-gcvernr, ental person or organization; and f. such other activity or interest as may be specified from time to %ir, e in writing by FCT to the FCT Recipient. 2. :u. ~ecipient agrees and acknowledges that the following transactisn, events, and circumstances may not be permitted on the Project Si%e as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; the operation of a concession on the Project Site by non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; GAA~95-017-P55 5/~s/gs 6 I d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a memb~ of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and ' g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS ~;D CONTRACTUAL ARRANGEMENTS BETWEEN THE FCTRECIPIENT AND OTHER GOVErnMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVE~NTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDi?IONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UIIL!ZiNG BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WiTH BY THE CONTRACTING PARTY. COKDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDP. E$SED IN THE MANAGEMENT PLAN !. Outdoor recreational facilities including nature trails, board~a!ks, and interpretive displays shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those rescurces. 2. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include interpretive tours of the park by the park ranger to further enhance the public understanding of the parks natural resources. These programs will be conducted on a regularly scheduled and continuing basis. 3. The FCT Recipient sP, all provide an organized recreational program directed toward the participation of at-risk-youth as described in the grant application. The program shall be offered on a continuing basis at 'the Project Site focusing on the mitigation of juvenile crime through the provision of recreational opportunities. 4. The FCT Recipient shall ensure that the Project Site is managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their habitat. The FCT Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. GAA~95-0i7-P56 5. The water quality of Lake Avalon shall be protected. A stormwater management plan shall be developed and implemented for the Project Site that protects the water quality of the lake and addresses the impact of off-site runoff. The FCT Recipient shall coordinate with the South Florida Water Management District in the design of the stormwater plan. 6. The FCT Recipient shall create a littoral zone along the shoreline of the lake to provide additional wildlife habitat and improve surface water quality. 7. The FCT Recipient shall restore approximately 15.75 acres of disturbed upland to a native vegetative community in terms of biological composition and ecological function. 8. Invasive exotic vegetation that occurs on the Project Site shall be eradicated. The FCT Recipient shall reference the Exotic Pest Plant Council,s List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 9. The FCT Recipient shall investigate the need for the development of a feral cat removal program for the Project Site. 10. The parking area shall use pervious material to the extent possible. 11. Provide bike paths to the site and bike parking stands at the site to provide an alternative to automobile transportation to the Project Site. 12. The re=uirements imposed by other grant program funds that may be sougP~t by the FCT Recipient for activities associated with the ?rojes~ Site shall not conflict with the terms and conditicns cf ~he ?CT a~ard. THiS GRA3;i AWARD AGREEMENT e~.=bodies the entire Agreement between the .~ ~ ~a. ~.es . GAA~95-017-P56 5/18/98 IN' \VITNE$S V,'~'EREOF, the parties hereto have duly executed this Agreement. ATTEST: BOARD OF COUNTY COM]~SSION'ER.S DWIGHT E. BROCK, CLERK COLLIER cOLrNTy, FLORIDA By:. By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assista.nt ComuD. Auomey Barbara B. Berry, Chain:nan Witness Name: Witness Name: FLORIDA COMMUNITIES TRUST James F. Murley, Chair Date: Accepted as to Legal Form and Sufficiency: Ann J. Wild, Trust Counsel Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 199_, by JAMES F. MURL~Y, as Chair of'the Florida Communities Trust. He is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA\95-017-P56 5/18/98 10 EXHIBIT "A" [attach legal description] GAA~95-017-P56 CONTRACT :: 9o-CT-2fi.95-56-AI-017 FLORIDA COMMUNITIES TRUST AWARD #95-017-P56 ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDL'M IV to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMZJN1TIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNIY ("FCT Recipient"), this day of ,1998. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of co::ceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Presep,'ation 2000 award and the restrictions that are imposed on the Proje.~ Site subsequent :o its acquisition with the FCT Preservation 2000 award; WI-tEREA S, the initial term of the Conceptual Approval Agreement expired November 996: WHEREAS. ~he Conceptual Approval Agreement was emended by ADDENDUM I to expire .May 8. i997, by ADDENDLrM II to expire November 8, 1997, and by ADDENDUM III to expire >.la'.' 8, 19©S, \v! I:-'RE.. -,' ..... q ,~, ,, (_, Recipient in accordance with GENERAL CONDITIONS paragrap?:, 30: ti:e Conceptual .Approva': Agreement and in compliance with Rule 9K- 4.010(2 ~ :.' ~. i- ........ .~ (' *.-~ "::nc,x submitted to FCT a written request for extension of the May 8, 1998, WHEREAS, the FCT Recipient has requested tha~ the FCT governing body amend the Conceptual Approval Agreement from a 5;854,210.00 award to a $881,374.00 award and the FCT ~overning bodv al. proved this request on May 18, 1998; WHEREAS. GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement max be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; \VHEREAS, the parties hereto desire to extend the term ofthe Conceptual Approval Agreement as prox'ided by Rule 9K-4.010(2)(k), F.A.C; and \VHERE.-\S the par\les hereto desire to amend the Conceptual Approval Agreement to increase the amount of the award; ADDI'v",05-017-P56 5/18/98 NOW TI-~FO~, the FCT and FCT I~CIPIENT mutually a~ee as £ollow~: 1. Semion I.?. is hereby replaced, revised and superseded by the following: 7. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser o£ FORTY percent (40%) of the fmaI t~tal project corn, as defined in Rule 9K-4.002(31), F.A.C., or EIGHT ~KED EIGHTY-ONE THOUSAND THKEE HUNrDKED SEVENTY-FOUK and 00/100 Dollars ($881,374.00), unless the FCT Governing Body approves a ~eater amount pum'umt to Rule 9K-4.01 l(2)(a), F.A.C. 2. Notwiths',~.'~ding the lan~age of Section I. GENEILM. CONDITIONS, paragraph 3. and par~-graph 14. the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accorO.nce wkh p~--agraph 3. 3. h eve:}' r"=ve-t,... ~ this m'nendment is to be ~nsm~ed and applied as thou~_ the parties had bo:.h si~ed i: ~efore May 8, 1998. 4. 5U",e Conceptual Approval A~eement by and be.~veen FCT and FCT Recipient is hereby ex:e.':de~ a time sufficient to complete the reimbursement. 5. The dace of execution ofthis addendum shall be the date that the la~; party si~s this addendum. T'~S ADDE.~'DL~! Iv' TO CONCEPT-UAL APPROVAL AGKE~LME~"G, ADDENDUM III, .aJ)DEN'DL~! E, :MDDE:,T)L,'M I, the CONCEPTUAL APPROV.M. AGKF..EM~ENT and it~ E.~".!':iu "A", "B", z.'-.d "C" embody the emire Aweemem between the p~mies. WI.TN'ESS V,~iEREOF, u~,e parties hereto have daly exerted this ADDENDUM 1W TO CONCEPTU/d..-tPPROV.M. AGKEEME?~. BC~RD CF CO~CF£ COPT.;iSSiON~RS r~ID~ COLLiE~ CC~.:ii~J, By: Barbara 5. 5er.--y, Chairman FLOR. IDA CON~ft.~'ITIES TRUST By: James F. Murley, Chair ATTEST: DWIGHT E. BROCK, CLF_~K Date: By: " Deputy Clerk Date: Apprcved as r.o form and legal sufficiency: _ C. Palmr Assistant County Attorney ADDIV/95-O17-P56 5/18./9S Accepted ~ to Form and Legal Sugiciency: Ann I. Wild, Trust Counsel Date: This instrument prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 CONTRACT # 96-CT-2S-95 56 al 017 FLORIDA COMMUNITIES TRUST P56 AWARD# 95-017-P56 THIS AGREEMENT is entered into this mday of , 1998, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the COLLIER CO~{TY ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 253, 259, and 380, Florida Statutes. ~EREAS, Part Iii Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities au%korized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c), Florida Statutes, provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bcnd proceeds to tha Department of Community Affairs to provide land acquisition g~ants and loans to local goverrnments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of state of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GAA~95-017-P56 5/18/98 1 WHEREAS, Rule 9K-4.010(2) (e), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule Chapter 9K-4, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site was acquired add the FCT Recipient has acquired title to the Project Site and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement T~lst Fund upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; an~ ~EREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with FCT Preservation 2000 Bond Proceeds. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the official public recordu of Collier County, Florida, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees a~d charges incurred in connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Departnent of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. GAA%95-017-P56 5/18/98 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agzeed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: Collier County Parks & Recreation Dept. 3300 Santa Barbara Naples, Florida 34116 ATTN: Merle Ramsey, Director 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. PROJECT SITE P~QUIREMEKTS IMPOSED BY CHAPTER 259~ CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4) (e), Florida Statutes. GAA%95-017-P56 5/ZS/PS 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in the Project Site it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent wi~h the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to ccmmence or to complete the rebuilding, repair, replacement or restoration ~f the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Prcject Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. GAA~95-017-P56 5/Z8/98 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencemmnt of any construction. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 7. Ail buildings, structures, imprcvements, and signs shall require the p~ior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered ~ri=ten approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The GAA%95-0i7-P56 5/lS/9S 5 FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AB A REBULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT BITE. 1. If the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; GAA~95-017-P56 5/18/98 6 d. any change in the character or'use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and g. such other ~ctivity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCTRECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVEP~ENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN 1. Outdoor recreational facilities including nature trails, boardwalks, and interpretive displays shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the Project Site without causing harm to those resources. 2. The FCT Recipient shall provide educational programs at the Project Site. The programs shall include interpretive tours of the park by the park ranger to further enhance the public understanding of the parks natural resources. These programs will be conducted on a regularly scheduled and continuing basis. 3. The FCT Recipient shall provide an organized recreational program directed toward th~ participation of at-risk-youth as described in the grant application. The program shall be offered on a continuing basis at the Project Site focusing on the mitigation of juvenile crime through the provision of recreational opportunities. 4. The FCT Recipient shall ensure that the Project Site it managed in a manner that will protect and enhance the listed and non-listed native wildlife species and their habitat. The F~£ Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. GAA~95-017-P56 5/18/98 7 5. The water quality of Lake Avalon shall be protected. A stormwater management plan shall be developed and implemented for the Project Site that protects the water quality of the lake and addresses the impact of off-site runoff. The FCT Recipient shall coordinate with the South Florida Water Management District in the design of the stor~water plan. 6. The FCT Recipient shall create a littoral zone along the shoreline of the lake to provide additional wildlife habitat and improve surface water quality. 7. The FCT Recipient shall restore approximately 15.75 acres of disturbed upland to a native vegetative community in terms of biological composition and ecological function. 8. invasive exotic vegetation that occurs on the Project site shall be eradicated. The FCT Recipient shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in i~entifying invasive exotics on the Project Site. 9. The FCT Recipient shall investigate the need for the development of a feral cat removal program for the Project Site. 10. The parking area shall use pervious material to the extent possible. 1!. Provide bike paths to the site and bike parking stands at the site to prcvide an alternative to automobile transportation to the Project Site. 12. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. THIS GP~:;T AWARD AGREEMENT embodies the entire Agreement between tha parties. GA3%~95-017-P56 5/lS/gS IN' ~,%qTNES S V,q--IEKEOF, the parties hereto have duly executed this Agreement. ATTEST: BOARD OF COUNTY COMMISSION'ERS DWIGHT E. BROCK, CLEP,.K COLLIER. COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant CourtD' Attorney Barbara B. Berry, Chairman Witness Name: Witness Name: FLORIDA COMMUNITIES TRUST James F. Murley, Chair Date: Accepted as to Legal Form and Sufficiency: Ann J. Wild, Trust Counsel Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 199_, by JAMES F. MURLEY, as Chair of the Florida Cor~.unities Trust. He is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA\95-017-P56 5/18/98 10 ~-~,-.....-~ I~:,, ~ EXHIBIT "A" De;crl~:lon of Part o~ th~ 3outh I/2 of Section 13, TovnmMp SO South, Ranis 2~ ~t, Coll~er ¢ounty~ rlor~dal and ~art o: ~lock~ 3, ~, 5, 6, and 7 o: Avalon £~t~te~ Unit Ho, 1, a~ recorded In Plat ~ook $, Pale 62 the public racord~ o: ~ollier County, r~or~da COutl~y~ r2oc~do; , . cl~nco ~ng the 1G8~ ~nd ~,a~ ~n~r,o~ el re¢orfled · .... ~*y~!~oll a~ng. to tho ~o-n -" -~ a. a~- ~l ri O.R. Book . . e= o: tho · .~rUed tn ~l~: Soak _[0~ P~Ce~I~Ona~ Center. a · ) southerly ~7,$ tic ~=~t~ o:'~o,o3, c~ ==n:ove no,the-Iv hc./.~.~ ~ o~ ~ circular cu ye ,,.:n oeorl Horth ?(~/~r~, .~.~e~g~uotendad by a char ceeccrIy $~,=: floc nton9 thl arc of o non-tcn~on.t~ :co~ tllrml~h ¢ con=~Ve noYth~ly ~hgn=o l~avln~ tho bounda; olcnq the o~c o 7 vf ~oid plo~ e cc~- , g o non-t ~r outl~ncl a,oa~ ~ho ar~ at qht-ot-Wly t~ne v :~Utu! og lln., ~-q~r~HIi~ oUtvo ~on~a-~ _~prly l~$.to ~eot Delve :ich~'~:~,,a~nq.}hl north ~l I . _ ..... , s.u mourn ~ 3? .W~E~ 4 tar , ~aql G2, Col~i~- ..__fi_ _ .nsreot -m ce ......... Unit EXHIBIT "a" (~on='o.) e ~'ur. horty o~tnn~en ~C ~ald ~Ol~ ttn~, =nu~h 't3'O0' t~O,O0 (;:u~ Ln th~ ~ou~h [Lne 0% ~ho ~or~h lO,O0 ullrv,) cqn~cve tO iht nor~hvom~ h4vLn9 ~ ~nUtUl O:'t3'C8' ~omc ~5.)~ (el~l uubt~ncac ~y a chord which bloom 6ouch B5'27,04' hnr~hc~ty ~xt~n~[~n ~ ~hu .=m~ t/no oC Olo~k 4 of ~ld hv,~cn :hcncg ~lon~ ~h* ~ouch ~tnm og Lo~t ~ ~n~ ~ o~ uth 0~'40~S2· West llO,O0 (~05 tu ~h, mou~hvem~ cornnr o~ thence alon~ tim vest [[~e PC laid L~c ~ and along the ~e~c, mubcenUed by · anoCq which bloom Ho:ch 78'3Q,4t- 12 , JUh 16199 t3~1.$o [ee~,.l~t~nded b · ch th.nQ¢ 6~on~ the not,heTty exttn~on oC ~ho ~a,~ ~ne o{'u~Ld ~td hoc ~honc~ olon~ the weeC line o~ 6oCr t~ and t( O~ e~£d a~o~k Chonc~ 30~h 6~'t&'O?' ~emC 60,00 COeC to t'he no~che6st "~ hot t6 o~ ~ho excvnm~o~ oI . corner Av4~on'C~Gtes Un/t ti.. ~, CbS eGzC ~nQ O~ G~oc~ 7 of so~¢ c~ ch. ~esc faction [LnO (6¢o~ton [3r_TOv~mhLp 5~ 3o~th, chon=o Hor~h 0'~3'0~. ~es~ ~3t,g3 ge~c e~onv ,etd Ch,n~e North O'~i'~?' HfSt~ [~?0,~5 ~eet &Ion9 **e,ou~ bc~n; a For: o{ the vouch t/2 o~ 8oc~[0~ tS, Town~hLp 50 South, ~dnga :5 Co,c, C:lll~r Count , fln~. Cn~Ln~eru ond ban~ 13 'GULFCOAST SICI~ISIER'S LEASEIIOLD AREA CO,%t~,,'ENCI)JG AT TIlE SOUTH~VEST COP3CER OF LOT 1:2, OF THE PLAT THEREOF, GUTLFOrCD ACRES AS RECORDED IN PLAT BOOK 3, PAGE 59, OF TIIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 57 MINYFVES 34 SECONDS EAST ALONG THE SOUTH LIlqE OF SAID LOT 12, A DISTANCE OF ~1.51 FEET; TI-IENCE SOUTH 0 DEGREES 02 MrNR,rI'ES 25 SECONDS EAST, A DISTANCE OF [5,110 FEET TO A CHA.rN LINK FENCE A,',~) ThE TI-rE PO,~NT OF BEGIN~'41NG; THENCE ALONG SAID FENCE THE NEXT 4 COURSES SOUTH ./2 DEGREES 12 MINUTES 11 SECONDS EAST, A DISTANCE OF 44,0'/FEET; THENCE SOU'I'F[ 41 DEGREES 02 MIN'UTES 40 SECONDS EAST, A DISTANCE OF 23.54 FEET; TIZFENCE SOLq'H I0 DEGREES 14 MINUTES 4B SECONDS EAST, A DISTANCE OF B3.39 FEET; THEI~;CE SOU'FH lg DEGREES ~3 MINUTES 05 SECONDS EAST, A DISTANCE OF 35.3! FEET · TO TIlE TOP OF BANK OF LAKE AVALON; THENCE ALONG SAID TOP OF BANK THE NEXT 12 COURSES SOUTH 4~ DEGREES 35 MINUTES 27 SECONDS WEST, A DISTANCE OF FEET: THENCE ~OUTH ~0 DEGREES 23 MINUTES 22 SECONDS WEST, A DISTANCE OF 72.53 FEET; Ti!ENCE SO~TH E0 DEGREES I~ NII,'4IJTES ~I SECONDS WEST, A DISTANCE OF 64.05 FEET; THENCE SOU'DI 6~ DEGREES 14 MINUTES 45 ~ECONDS WEST, A DISTANCE OF 44.65 FEET; THENCE $OD-I'H ~2 DEGREES 35 MII'aJTES 39 SECONDS ~,'EST, A DISTANCE OF ~9.a2 r~ET; THENCE SOL~I'H 57 DEGREES 52 MINUTES ~2 SECONDS ~EST, A DISTANCE FEET; T}i~NCE SOUTH 52 DEGREES 4~ MINUTES 3a SECONDS WEST, A DISTANCE OF 60.95 · FEET; THENCE SO~.rI'H 41 DEGREES 10 MINUTES S2 SECONDS WEST, A DISTANCE OF FEET; THE,~¢CE SOUTH 35 DEGREES 3B MINUTES SG SECONDS WEST, A DISTANCE OF' 92.~? FEET; THENCE NORTH 62 DEGREES 50 MINUTES 31 SECONDS WEST, A DISTANCE OF 54.99 FEET; THENCE NORTH 50 DEGI~.ES 59 MINUTES I ~ SECONDS WEST, A DISTANCE OF 100.29 FEET; THENCE NORTH 61 DEG?EES 19 MINUTES 4~ SECONDS WEST, A DISTANCE OF 3~.92 FEET TO AFORESAID CHAIN LINK FENCE; T~lENCE ALONG SAID FENCE THE REMAINING COURSES NORTH, 33 DEGF(EES .~g N~N'UTES 34 SECONDS EAST, A DISTANCE OF 151.4~ FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SO~AST, HAVI;¢G A RADIUS OF 5000 FEET AND A CENTRAL/,!4GLE OF 59 DEGREES 06 MINUTES 42 SECON~OS, THENCE NORTltEAST ALONG SAID CURV~, A DISTANCE OF 51.Bg FEET, TKENCE SOUTH g6 DEGPd~ES 54 MINUTES 44 SECONDS EAST, A DISTANCE OF 35.ill FEET; TI-IE. NCE NORTH 94 DEGREES 19 MINUTES :21 SECONDS EAST, A DISTANCE OF 19../4 FEET; TI-IENCE NORTH 4g DEGREES 56 MINUTES SI SECONDS EAST, A DISTANCE OF al,./1 FEET; TI;IENCE NORTH ~4 DEGREES 12 MINUTES 35 SECONDS EAST, A DISTANCE OF 45.55 FEET; THENCE NORTH 6~ DEGREES 19 MINUTES aG SECONDS EAST, ~ DISTANCE OF 49.'/2 FEET;, THENCE NORTH 60 DEGREES 23 MINUTES 0il SECONDS EAST, A DISTANCE OF 35.31 FEET; THENCE NORTH 62 DEGREES S5 MINUTES 04 SECONDS EAST, A DISTANCE OF 22,39 FEET; THENCE NORTH 63 DEGREES 3il MINUTES 32 SECONDS EAST, A DISTANCE OF 25,19 FEET; ~CE NORTH ?0 DEGREES S3 MINUTES :27 SECONDS EAST, A DISTANCE OF 43.$4 YEET~' ~CE NORTH ?? DEGREES 44 MINUTES 2~ SECONDS EAST, A DISTANCE OF 34.~6 FEET; THENCE NORTH il4 DEGREES 2~ MINUTES 00 SECONDS EAST, A DISTANCE OF 42../2 FEET; THENCE SOUTH ll9 DEGREES 35 MINUTES 43 SECONDS EAST, A DISTANCE OF 2il.02 FEET TO POIN"T OF EEG1N,'NING: SAID DESCRIBED TRAC-F CONTAINING 2,1./il ACRES SQUARE FEET), MORE OR LESS. OASIS OF BEARINGS IS THE SOUTH LINE OF AFORESAID LOT 12 BEING NORTH il9 DEGREES 57 MINUTES 34 SECONDS EAST. PARCEL SUGDR.2 l A geno~ ~t~ JUN 1 E 1998 EXECUTIVE SUMMARY &PPROVE A BUDGET AMENDMENT FOR. REPLACEMENT COMPUTER EOUIPMENT ~ '1~ ~ for Seniors' offices in Building H were ~ both ~ owned and StSt~'Owned computer equipment were sro]eh on Isnuary 27,-1~.' FISCAL II~ACT: $1,187.30 of the total computer re~lacancm cost of $1,837.30 is Cotmty · '~ rd.mbu,'~t funding. The remaining S650.00 is a~a~le within current Services for Seniors operating budget (00 I- 155960). GRQ,WTH MAN~GEMlgNT I?,~ACT; None [: : It~OMMI:NDATION: Approval of this budget amendment that provides funding to replae~ computer equipment that was stolen from Sexvices for Seniors. SUBMITTED BY: M~ha Sldnner, Social Services Director Dat, e:~ APPROVED BY: EXECUTIVE SUM,MARY, APPROVAL OF A RESOLUTION RATIFYING SPECIFIC ~ITURF,8 FOR NEW EMPirE ORIENTATION SESSIONS AS SERVING A VAI2~ PUBLIC PURPOSE. ~ That the Bosrd of County Commissioners sppmve a re~olmion f~ and rstifying ~ ~cific ex~ for the May 14, 1998 New Employ~ futur~ New Employe~ Orientation session arc · valid public purpose. CONSIDERATION: New Employee Orientation was held ~ 14, 199S at which time ~usdwicbe~, ~odas, porto chip~ and cookies were provided to the participants during th~ mid-day break. Collier County Ordinance No. 8%5 does not appear to cover some of the ~ expenditure cstegories involved in th~ New :EmPloy~ Oriemation i~iom, mmdy sandwiches, sodas, potato chi~ and cookies. It is the l~Srpo~ of ~e proPOsed ~ Resolution to ~prove and ntti~ specific expend~es flutt ~rere incurred ~ the May 14, 199g New Employee Orientation and that will be incurred al future New Employee Orientation s~ssions. FINAL h'm'PACT: $ I 12.44 to be spent for the New Employee Orient~ion session on May 14, 1998. Future Orientation sessions regularly at a r~te ,~f seven times per ~ ~ ~ average cost of $125.00 per sessiord$875 per year. These funds are available fi'om Fund No. 001-121810. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMM~,NDATION: That the Board approve the att~hed Resolution rst~ying ~nd approving specific expenditures i~curr ~ at the New Employ.g Orientation ~.~ssion on May 14, 1998 ~zl future New Emplcye~ Orientation sessions finding that s~id expendilures serve a valid public purpose. Further, that the Board authoriz~ the disbursement offund~ to pay for the expenditures. f ' ~Karen A. Koc~, Senior Human ~A~uslyst REVIEWED ~/,lenaj~ ~~ds, Hun~nDate:Reso~~. ~or RESOLUTION NO. 98- ~ A RESOLUTION KATIFY1NG AND At)ROVING THE EXPENDITUKE OF COUNTY FUNDS FOR PREVIOUS AND FUTLq~ COUNTY NEW EMPLOYEE ORIENTATION SESSIONS AND FINDING AND DECLARING THAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE. WHERAS, the Board of County Commissioners regularly holds New Employee Orientation sessions to provide new employees with information regarding County services, customers, facilities, missions and goals and to provide the new employees the opportunity to interact with fellow new employees and staff.; and WHEREAS, the orientation session is an all-day event which includes presentations fight up until a mid-day break and a bus tour irranediately following the mid- day break; and WHEREAS, sandwiches, drinks, potato chips and cookies have been and will be made available during the mid-day break to those attending these orientations; and ~24]EREAS, Collier County Ordinance No. 87-5 allows for expenditures of County funds to enhance County employee productivity, and recognizes that the promotion and engendering of good will toward the county is an important factor affecting the pride of county employees in their work, provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and WHEREAS, on May 14, 1998, the Board of County Commissioners held New Employee Orientation at which costs in the amount of $112.44 were L~curred for sandwiches, sodas, potato chips and cookies; and WHEREAS, the Board of County Commissioners shall, in the future, hold New Employee Orientation sessions at which expenditures for sandwiches, sodas, potato chips and cookies shall be incurred. NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The expenditures in the amount of $112.44 for the New Employee Orientation session held on May 14, 1998 are hereby found by the Board to serve a valid public purpose and are ratified and approved. The specific expenditures ratified and approved are sandwiches, sodas, potato chips and cookies. The Board hereby authorizes the disbursement of 5;112.44 to pay for said expenditures. 2. The Board further finds that for future New Employee Orientation sessions expenditures for sandwiches, sodas, potato chips and cookies serve the valid public purpose of promoting and engendering goodwill toward County government and increasing productivity at New Employee Orientation sessions and for those reasons are approved for future New Employee Orientation sessions. The Board hereby authorizes disbursement of moneys to pay for said expenditures. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COM]vflSSIONERS COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and suf ien y: David C. Weigel County Attorney APPROVAL OF BUDGET AFIENDMENTS BCC Alilenda of 6/16/98 S~lld Waste Grnnts (Fund No. 472) Budget Amendment 98-271 Tire Grant (Cost Center 173423) Capital Outlay Operating Expenses Recvclinz & Education (Cost Center !73422~ Capital Outlay Operatin$ Expenses Total + $3,2OO - ($3,2OO) + S3,350 - (S3.350) 0 1. The Tire Grant funds will be used to buy a covered storage container for recycling used tires at the Naples Transfer Station. 2. The Reo'cling & Education Grant funds will be used to buy a new container for collection of used corrugated cardboard for commercial recycling. This box will be used to provide a new commercial recycling drop-off site in northern Collier County. JUN 16 1998 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE RJNE 16, 1998 FOR. BOARD ACTION: 1. MISCELLANEOUS Il-EMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. .~]~:Ll~f_C..~.q~: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbm'sements for the Board of County Commissioners for the period May 25 - May 29, 1998. JUN 16 1998 ~ ~XBCUTIVB 8UMNAR¥ REQUEST ~PPROVAL FOR THE PURCB~,SB OF REPI~CEHENT DB~TOP COMPUTER ~¥BTEI~FORT~B COLLIER COUI~Y SHERIFF'S OFFICE I~.O~ G~TEW~W 2000UNDER THE TEP~S LND CONDITIONS OF 8TXTE OF FLORID~ CONTRACT ~2~-040-96-1. ~= To purchase replacement desktop computer systems from Gateway 2000 under the terms and conditions of State of Florida contract #250-040-96-1. ~QNSIDERATIONS= Currently, the Collier County Sheriff's Office has numerous 286- and 386- processor level computers that are obsolete for running the necessary applications on the current operating system. Funding for replacement computer~ was approved for the FY 1998 budget year under 301 Fund guidelines. While several different desktop computer systems have been reviewed, the E-3110-266 Pentium II mid-tower desktop computer from Gateway 2000 represents the least expensive, current technology system available under the State of Florida contract #250-040-96-1. FISCAL IMPACT= The cost to purchase the replacement computers will be $99,864.00 and are available in : Fund: 301 Cost Center: 611010 Project: 764990 Facilities Mgmt., Countywide CIP Law Enforcement - Pd. by Sheriff Other Machinery. & Equipment GROWTH IMPACT: There are no recurring costs for subsequent years. RECOKMEI~DATION: That the Board of County Commissioners authorize the purchase of replacement computers described above from Gateway 2000 under State of Florida Contract #250-040-96-1. REQUESTED BY: ~'~ _ .~.-~'~/-'~ . D~m~a~ DgAr~res, Data Processing Division DATE: Ju~e 4, ~99~ wpd51 I expcx I dy AGENDA ~;I'E~ JUN 1 EXECUTIVE SUMMARY RECOMMENDATIONS TO APPROVE A RESOLUTION BETWEEN THE BOARD OF COUNTY ~iS81ONERS AND SPRINT/UNITED TELEPHONE COMPANY OF FLORIDA. CONSIDERATIONS: To ~ an ~ '9i 1" emerge~ .telephone ~.ystem for tile citizens of collected for the enhanced 'g11" emeegency teleP~ ~em. FISCAL IMPACT: The cost of funding this system will be paid by the subscribe~. No ad valorem tax dolla~ ~oxl>ended. The fee for FY 97-98 wa~ $ .37. Themba~~~t~ increased access lines and revenue. Any r~serves will be accumulat~l ~ to Statute.(l~9- 919010-991000-00000) GROWTH MANAGEMENT IMPACT: The ~ubscrtbers will pay for the ~ystem. I~ECOMMENDATIONS; That the Board of County Commissioners authorize the Chairman to execu~ the Resolution. See attachment for Resolution. . "~/,,_ f "r ~ ' ..4-. [//, , . Deborah R. D'Omzio, 911 ~or ny. , ~ &~,..,a- APPROVED,., · , . . ~. . . ~' Don Hun~er, Shedff, 911 Director JUN 1 6 pg. \ rzss t40..: } . (Jr F:.sE f.'? T..s ~Q~ST FOR LEG~ S~VI~S / Office of ~ K Ki~zel(~ ~ ~_ ~ , Finance Directo~ Finance Division Date: To: From: Re: ( N ams ) Sheriff's Of[ice _~, 911 Resolution for fiscal year 1998/99 BACKGROUND OF REQUEST/PROBLEM: (D~ncribeproblem and give background information - be ~pecifi~, ?o~¢~m9, and m~ciculat~). To seek approval of the resolution between the Board of County Commissioners ~nd Sprint/United Telephone Company of Florida for c/ntinuing the existing E- ll system for fiscal year 1998/99. CC~C: THIS ACTION REQUESTED: (Be very specific. Legal approval of If yes. attach m.nd reference thio OTHER COHHENTS: attached documents. A'.3EI',DA ITEl4 Don Hunter, Sheriff r',. ~. ~ ~.~) All reques:s must be copied to your appropriate Division Head or Constitutional Officer.) ~h/a:lenoo JUN; 6 (If pre-z:cumiy mm.'Jm~,.L==ed, provide County A~.%orneyTM Off,ce fXle nu~er.) Ideneify e~c~ly wha~ y~ need in the way cf l~al me.ices.) 911 DATABASE MAINTENANCE COSTS 911 coordinator Salary Low Risk Retirement social Security Life Insurance Health Insurance Workmans Compensation Ins. 911 Technician Salary Overtime Low Risk Retirement Social Security Life Insurance Health Insurance Workmans CouTpensation Ins. 911 Technician Salary Overtime Low Risk Retirement Social Security Life Insurance Health Insur~%ue workmans Compensation Ins. 911 Technician Salary Overtime Low Risk Retirement social Security Life Insurance Health Insurance Workm~uns Compensation Ins. MEMBERSHIPS: APCO Per Diem - Conferences SUBSCRIPTIONS: Warren's Telecom Regulation Monitor Hill Donnelley Cross Reference Aerial Map Subscription Tax Map Subscription Trainin9 Pagers & Cellular Phone office Supplies Maintenance on P.C's AT&T Language Line (Avg mo X 12 mos.) TOTAL DATA BASE MANAGEMENT DOLLARS 36732.15 6042.44 2810.00 141.05 4600.00 128.56 24790.00 2478.00 4376.00 1896.00 95.16 .00 86.73 21737.00 2173.70 3839.00 1663.00 83.47 4600.00 76.08 19917.00 1991.70 3517.00 1524.00 76.48 4600.00 69.71 65.00 5000.00 JUN 6 775.00 230.00 850.00 450.00 12O0O.OO 270.80 1200.00 500.00 24000.00 195375.03 PSAP EXPENSES (excluding monthly telephone charges) COLLIER CouNTY SHERIFF'S OFFICE ~NON-RECURRING FEES EQUIPMENT PURCHASES Headsets Replace Chairs i%'TOTALNON-RECURRING EXPENSES CCSO ~ RECURRING FEES 1500.00 11000.00 12500.00 Recording Equipment & playbacks 700.00 other - Headsets '~il 20137.00 TOTAL RECURRING EXPENSES CCSO O 32637.00 ~!'TOTAL PSAP EXPENSES CCS .__ ****************************************** NAPLES POLICE DEPARTMENT EQUIPMENT PURCHACES 500.00 Headsets 8500.00 L~grade UPS 60000.00 Replace Consoles 69000.00 TOTAL NON-RECURRING EXPENSES NPD RECURRING FEES EQUIPMENT MAINTENANCE Recording Equipment & Playbacks TOTAL RECURRING EXPENSES NPD 9259.00 9259.00 78259.00 TOTAL PSAP EXPENSES NPD 81500.00 TOTAL NON-RECURRING BOTH PSAPS TOTAL,RECURRING BOTH PSAPS PSAP EXPENSES UNITED TELEP~ON-E CHARGES " ~ (2 ~ JUN 6 --' 9396 · 00 1:)896.00 Access Li~es 191,000 ~ $120.00 per 1,000 22920.00 other charges (Equip. Main., circuit Chrgs., etc.) 6212.30 '.TOTALMONTHLY BILL One time access line charge Maintenance Contract Charges TOTAL PROJECTED CKARGES FY 98/99 29132.30 11~80.00 21420.00 382687.60 TOTALS FOR COMPUTATION OF FEE RECURRING: Database Management Telephone Bills Equipment Maintenance SUB-TOTAL RECURRING EXPENSES NON-RECURRING: PSAP Purchases TOTAL NON-RECURRING EXPENSES TOTAL RECURRING & NON-RECURING EXPENSES ************************************* COMPUTATION OF THE FEE TOTAL RECURRING FEE divided by .94 divided by 191,000 divided by 12 months TOTAL NON-RECURRING FEE divided by .94 divided by 191,000 divided by 12 months 195375.03 382687.60 29396.00 607458.63 81500.00 81500.00 688958.63 607458.63 646232.58 3.38 .28 81500.00 86702.13 .45 .04 TOTAL RECURRING & NON-RECURRING FEE .32 S12100 521100 522100 523150 ~'..523160 521400 500000 640380 641100 646610 6469?0 651110 652910 654110 654210 654360 600000 7 14210 ooo REGULAR SALARIES OVERTIME 1.5 OVERTIME - STRAIGHT SOCIAL SECURITY MATCH RETIREMENT - REGULAR HEALTH INSURANCE LIFE INSURANCE WORKERS COMPENSATION PERSONAL SERVICES SUMMARY PER DIEM - CONFERENCE TELEPHONE BASE COST COMM. EQUIPMENT R & M MAINTENANCE (PC'S) OFFICE SUPPLIES MINOR OPERATING EQUIP. BOOKS, MANUALS, DIRECTORIES DUES & MEMBERSHIPS SC}{OOLS/CONF. REGISTRATION OPERATING EXPENSE SUMMARY COMMUNICATIONS EQUIPMENT OCO TOTALS 103166.15 6643.40 .00 7893.00 17774.44 13800.00 396.16 361.08 150034.23 5000.00 406687.60 29666.80 500.00 1200.00 2000.00 2305.00 65.00 12000.00 459424.40 79500.00 79500.00 688958.63 RESOLUTION NO. 9B - A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT WHEREAS, Section 365.171(13}. Flo,dda Statutes, provides that a county may ~mpcse a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access hne. and WHEREAS, The Board of County Commissioners of Colher County. Flonda, deems ~t appropriate and in furlherance of public health, safety and welfare lo assess a fee for the enhance~ '911" telephone se~ice avaitabdity in Coltier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Pursuant to Section 365 171(13). Florida Statutes. there iS hereby impose"J against local exchange subscribers a local option fee for the provision of enhanced '911" emergency lelephone serv{ce and equipment ~n Collier County Th,s fee shall be adjusled annually to cover allowable expenses as descnbe"J in Section 365 171(13)(a)(5), Florida Statutes Fcr tine per,od of September 30. 1998 through September 30. 19cj9. the fee w~lI be th~r't,y-:,'¢O (32) cents per SutS'-r~rter per Jccess line per month 2. The County requests that the telerhone com;3any {,exchange lelephone serwce provider) providing enhanced "911" se,'-wce and equipment to Colher Counly co=leer frcm ~ts subscr,=e.'s w;;hln Collier County. the local C~tlCr, fee assessed by tins Resolution and remit those fees to Ccihe, Counly 3. Sa~d lelephone company, pursuant to Section 3~5 171~13)[c). Flcnda Stat:/tes may retain as an administrative fee an amount of one percent (1%) of the total "91 I" fees actually collecled by said telephone ccmpany 4. Money in reserve is being carried fo,~vard to provide for capital improvements described in Section 365 171(13)(a)(3), Florida Statutes. AJditional money from fiscal year 1997 revenue., to be added to the Iotal reserves shall not exceed ten percent (~0%) of such fees bdled for tlne 1997 fiscal year. The cumulative reserves are to Fay for pro)acted expans~on and replacement cf E-gl1 equipment and service features described in Section 365 171(a)(13)(5), Flonda Statutes All carry focward reserves shatl be administered in accordance wdh Subsecbon 365 171 (13), Flonc~a Statutes This Resolution adopted on the __ cay of 1998. second and majority vote for adopt,ca after mc:ton. /. ,.- . ..... i JU:, i H DATED:_ ,ST: HT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BY: BARBARA B. BERRY, Chmrman EXEC~ SUMMARY To present t.o. th.e Board .of County Commissioners the Stat~. Revenue Sharing Apphcatlon for Fiscal Year 1998-1999 and to obtain approval for the Chairman to sign the application. ~ To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year t998-1999 and to obtain approval for the Chairman to sign the application. C;ONSZDERA'i'ZONS: Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application requires the signatures of the Law Enforcement Official, Fire Official, Chief Fiscal Officer, and Chairman of the Governing Body. This application must be submitted annually by ]une 30. GROWTH MANAGEMENT ]IMPACT; None. FISCAL IMPACTJ Proper submittal of the application will enable the County to ~:ontinue to receive funds under the State Revenue Sharing Act. I~ECOMMENDAT~ON; That [he Board of County Commissioners approves the application and authorizes the Chairman to sign on behalf of the County. PREPARED BY:_ Robert W. Byri,e, CICA General Opera~.ions Manager Finance Department, Clerk of the Circuit Court EV EWE ]ames Mitchell, CIA, CFE, CBA Finance Director Clerk of the Circuit Court DATE' AGEf!DA tTEM-~ Florida Department et R~vcnua APPLICATION FOR REVENUE SHARING 1998-99 STATE FISCAL YEAR (CHAPTER 218, PART II FLORIDA STATUTES) Application must be received by the Department of Revenue prior to June 30 preceding the beginning of the state f'~cal year 1998-99 Please TYPE or pRINT all entries except those requiring a signature. Name of Count3' Collier Count~_. OR Name of Municipality County. Telephone Nurnber 9 ~_(.~ 7 7 a - 8 a 0 a Fax Telephone Number~ 7 7 4 - 61 7 9 Mayor or Chairman of Governing Body B a r b a r a Chief Fiscal Officer~ht E. Brock Official Mailing Address._ 3 3 O 1 T a m i o r,, i T r a i 1 Naples, FL 34112 B. Berry East Check here if the address represents a change from the previous application. Federal Employer I.D. Number _ .. (required for new participants only). pART TWO To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218.21(7), F.S., for any fiscal year, a unit of local government is required to have fulfilled certain requirements set forth in s. 218.23, F.S., including certification requirem~ts. Signatures by the appropriate official in the signature blocks indicated below, where app fulfillment of the certification requirements set forth in s. 218.23, F.S. Consistent with the requirements ofs. 215.23, F.S., has the applicant: 1. Reported its finances for its most recently completed fiscal year to the Department of Banking and Finance, pursuant to s. 218.32, F.S.? o Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? Yes F~ No [~] Date of Audit Report Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes, exclusive of taxes levied for debt service or other special millages authoriz~ by the voters, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by the property appraiser, pursuant to s. 193.122(2), F.S., OR, in order to produce revem, e equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from the county pursuant to s. 125.01(6)(a),F.S.; OR, 03) collected an occupational license tax; OR, (C) collected a utility, tax; oR, (D) levied an ad valorem tax; (E) OR, received revenue from any combination of these four s. Yes [~ No['-] ,urc~J~ GEm'!DA iTEM JUN 1 6 :~o. Certified that: (A) Law enforcement officers, as defined in s. 943.10(I), F.S., employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Tra/ning Commission? Yes (B) The salaxy structure and sahry plans for law enforcement officers meet the provisions of Chapter 943, F.S.? Yes ~ (c) All law enforcement officers, as defined in s. 943.10(1), F.S., are compensated at an annual salary rate of sLx thousand dollars ($6,000) or more? Yes Jif the answer to (C) above is (NO), please state in an addendum to this application any reason you may have for waiver of such requirement (one of which must be that you are levying ten (10) mills of ad valorem taxes).] [If you have no police department, etc., please check the block to the left side.] Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35, F.S., and that the provisions of s. 633.382, F.S. are met? Yes ~ No [~] (A) Additionally, please answer the follow/ng: Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department dudes, provided, ed~that degree is not required for their current position? A,qD.:DA ITEM., · .", .Lj Yes [~ No J~ 03) If so, are these firefighters currently receiving supplemental compensation for those degrees? Yes [5~ No [~] Does Not Apply ["-1 Appropriate Official [If you have no fire department or if you have a strictly volunteer fire department, etc., please check the box to the left side.] Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority, has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 11.45(3), F.S.? Yes ~ No [--] Does Not Apply ['-"] SIGNED: ~ ,~. Certified to the Department of Revenue that the requirements of s. 200.065. F.S., if applicable, were met? (The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or. if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has other~'ise failed to meet the requirements of s. 200.065, }:.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.) SIGNED: ",lq JUt;; 6 ':"" I here~ certify tl~ all of the for~go~ inform~on is ~ ~nd m.~ to the bes~ of my imowledge. I furtt~ cerd~ tha~ I will promptly report to the De~rtment of Revenue My changes in the above i_~ormation. I ~lso realize that failm'e to provide 6mely in/'ormation required, pu~'uant to the ~on of ~s Act shall, by such action, suth~ the Dep,xrm~ent to utilize the best information available or, if no such i~Lformation is available, to l~ke necessary action includ/ng DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, a~l shall further, by such ac~'on, waive any right to challenge the determination of the Department to its shar~ of funds, if any, beyond its minimum entitlement, pursuant to the privilege of r~ceiving sh,~*d revenues from the Revenue Slating Trust Funds. Do you believe that you have complied with ALL eligibility requirements as set forth above? "~ If the mswer To the above question is (NO), please provide as an a~ac~ent to this form the amount of revenue necessary, to meet your obligations as a result of pledges o: assi,m~xnents or trusts enter~ ii: "' ....... ~i~:i ~to which obligated funds received from revenue sharing. "~-~ii~'~'i'.' (Chief Fiscal Officer) (Mayor or Chairman of Governing Body) DATE: DATE: MAIL COMPLETED ORIGINAL APPLICATION TO ADDRESS SHOWN BELOW Depa.."~ent of Revenue Revenue Accounting Section P.O. Box 10669 Tallahassee, Florida 32302 L. H. Fucha Executive Dkec'~or STATE OF FLORIDA DEPARTMENT OF REVENME TALLAHASSEE, FLORIDA 32399-0100 Gen~r&l Tax Admini~ration 0 Child Suppo~ Estfotc~,rm~ Ih'ol:nn'~ Tax Admlni~x~'ion Inftm"r a/ion ~ April 30, 1998 Ref #: 098-023 To All Urfits of Local Government As Addressed: Subject: State Revenue Sharing Application For Fiscal Year 1998-99 Ladies and Gentlemen: Enclosed is the State Revenue Sharing application for fiscal year 1998-99. Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application form must be completed and returned to the Department of Revenue NO LATER THAN JUNE 30. 1998. Section 218.26(4), Florida Statutes, states: It shall be the duty of each agency and unit of local government required to submit certified information to the Department pursuant to the administration of this act to file timely information. Any unit of local government failing to provide timely information required pursuant to the o administration of this part shall, by such action, authorize the depatmient to utilize the best information available .~r, if no such information is available, to take any necessary, action, including disqualification, either partial or entire, and shall further, by such action, waive any right to challenge the determination of the Department as to its share, if any. pursuant to the privilege of receiving shared revenue under this part. Enclosed with the application is an inf:rmation bulletin on the State Revenue Sharing Program. Your timely response and cooperation in this matter will be greatly appreciated and will expedite the distribution of your State Revenue Sharing Funds. If you have any questions please feel free to contact me or Lisa Morgan in the Revenue Accounting Section at (850)487-1150. ~ely, -~ ~ Donna Winsloe Pratt Finance and Accounting Director Revenue Accounting -- ~:.,TC::.?,~?;,-~....~ ". DHA/DWP/pm ,J U {'~; · I~:..~ Enclosures SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COM~..'ISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 163.1 AND 163.2 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. K. O. VAUGHN, ET AL., Cue No. 91-23S2-CA-01 ~LNE RIDGE INDUSTRIAL PARK MSTU). ~ That the Board of County Commissioncr~ spprove tbe Stipulated Final ludgmenl ss full md final ~tion to be paid for the acquisition ofthe ~s~me~t on Parcel Nos. 163.1 and 163.2 in the Pine Ridge Indu,,,'trial Park M~ru in the lawim|t entitled Col//er Cowry v. K. O. Vaughn, et al., Case, No. 91-2352-CA-01. CONSIDERATIONS: On September 9, 1991 an Order of Taking was entzred in Collier County Circuit Court regarding the acquisition of eas~nent~ for the Pine Ridge Industrial Park MSTU Project No. 68064. On September 19, 1991, Collier County deposited with thc Registry of the Court the sum of One Thousand Six Hundred Eighty-Five Dollars ($1,685.00) for Parcel Nos. I63.1 and 163.2 in accordance with the Order of Taking. The parties entered mediation on Tuesday, April 21, 1998 as required by the Order of Referral to Mediation signed by Judge Hugh D. Hayes on March 25, 1998. The parties reached a mediated settlement agreement, the terms of which are set out in the Stipulated Final Judgment. The Stipulated Final Judgment (attached as Exhibit "A") provide~ for the s~tlement of the above referenced case as to l?~rcel Nos. 163.1 and 163.2. The Stipulated Final Judgment provides that Collier CounD' shall deposit the additional amount of Six Thousand Three Hundred Fifteen Dollars (56,315.00) as full compensation for the property rights taken with the Registry of thc Court. The Stipulated Final Judgment also provides that in the event the existing building on the parcel is destroyed, Collier County will allow the building to be replaced with a bui!ding of the same square footage and that the parking r.:,quirements for the property will be based upon the property's existing parking as of the date of taking. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. The Court will retain jurisdiction for attorney's fees, expert's fees, costs and expenses. ~SCAL IMPACT: Cost: $12,967.00; to be obligated in the budget for FY 97/98. Fund: (I32) Pine Ridge Industrial Park MSTU Cost Center: (112550) Pine Ridge Industrial Park Project Number: (68064) Pine Ridge Industrial Park JUN ! 6 ! , Executive Summazy CC v. lC O. V~g]~, ct ~1. Png¢ 2 A summary of the costs associated with this transaction is as follows: * Stipulated Final Judgment $6,315.00 * Fixel & Maguire (outside counsel) $2,850.00 * Hanson Appraisal Co. Sl,810.00 * William B. Smith (Mediator) $1,200.00 * OCPlVi ~ Total $12,967.00 Funds available for this obligation ar~ contained in the resetwes of Fund 132. Therefore, approval of a budget amendment will be necessary whereby Funds will be transferred from Fund 132 reserves to the appropriate expenditure categories for this obligation. GROWTH~AG~NT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the necessary budget amendment for this obligation; and 3. approve the expenditxu'e ofthe fimds as stated; and 4. direct staffto deposit the fimds into the Registry of the Court. Prepared by: Rodney C/Wade Harry Hub.r, Project Manager m Office of Capital Project~ Manag~'nent ~b -o3-q~ Date Date Public Works Division Date 2 JUN 1 6 1993 Pe. IN THE CIR~T COURT OF THE TWENTIE~ JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ~ ACTION COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Plaintiff VS. Case No. 91-2352-CA-01-WLB Parcel Nos. 163.1 and 163.2 K. O. VAUGHN, MARTHA VAUGHN, et al., Defendants / ~TIPULATED FINAL JUDGMENT THZS CAUSE having come before the Court upon a Joint Motion made by Plaintiff and the Defendant, W'ILLIAM A. LEVEPJCK, by and through his undtn'signed counsel for ~nto' of a Stipulated Final Judgm~t as to Parcel Nos. 163.1 and 163.2 in the above-styled case, and it appearing to the Cour~ that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Plaintiff is the full compensation due the Defendant, WILLIAM A. LEVER.ICI, L, and the Court being otherwise fully advised in the premise thereof, it is thereupon ORDERED AND ADJUrDGED thn the Defendant, WILLIAM A. LEVERICK, have and recover fi.om the Plaintiff, COLLIER COUNTY, FLORIDA the sum Eight Thousand Dollars (S8,000.00) in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's fees, expert's fees, costs, and expenses for Parcel Nos. 163.1 (drainage easement) and 163.2 (fee simple take for roadway); it is further ORDERED, That in the event the existing building on the parcel is destroyed, Collier Co''~ allow the building to be replaced with a building of the same square footage. ~~ I JUN 15 2. That the parking requirements for the property will be based upon the property's existing parking as of the date of taking; it is further ORDERED, that the Plaintiff shall deposit an additional sum of Six Thott~,and Three Hundred Fifteen Dollars ($6,315.00) into the Registry of this Court within 30 days from the date of Stipulated Final Judgment, subject to the apl~roval of the Board of County Commissioners; it is further ORDERED, that the Clerk of this Cour~ shall disburse the sum of Eight Thousand Dollars (S8,000.00) less any amounts previously paid to the Defendant for the parcels referenced herein, to the Trust Account of Lloyd Bowein, Esquire; and it is further ORDERED, that the property interest taken as Parcel No. 163.1 (drainage easement), and Parcel No. 163.2 (fee simple take for roadway), being fully described in Exhibit "A" attached hereto and incorporated herein, which vest. ed in the Plaintiff pursuant to the Order of Taking dated September 9, 1991 and the deposit of money heretofore made, is approved, ratified and confirmed; it is further ORDERED, that the Court retain jurisdiction of this case for the determination of anomey fees and costs in accordance with Chapter 73, Florida Statutes; it is further ORDERED, that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida. ~ ,1998. day. of conformed copies to: Lloyd L. Bowein, P.A. Rodney C. Wade, Esq. E. Weber, Legal Asst., Bookkeeping Circuit Court Judge Collier County Anomey's Office CERTIFIED COPY 2 JUN 1 6 1998 EXHIBIT "A" SECTION ~.t , TOWNSHIP 49 SOUTH, RANGE 2s EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROJECT: P E.MS TU PAXCrL: 163. [ The West 15 feet for Drainage Easement of the following described parcel of land: Loc 1, INDU$IRIAL VILLAGE, an unrecorded Plat in Section Il, Township &9 South, Range 25 Ess:, Collier County, Florida, being more particularly described as follows: Co~ence at the l;es} 1/4 corner of Section I1, To~'aship 49 South, Range 25 East, Collier Councy,'Florida; Thence along the East-West I/& line of said Section I1, as surveyed, N 89' 30' 40" E, 1987.83 feet; Thence leaving said East-West If& line, N 00' 24' 17" W, 1586.29 feet ~o the Point of Beginning~ Thence continue N 00' 2&' 17" W, 80.00 feet; Thence N 89' 28' 18" E, 165.00 feet to the centerline' of a ro~d; /'hence alohg said centerline, S O0° 24' 17" E, 80.35 feet; Thence leaving said centerline, S 89' 35' 43" W, 165.00 feet to the' Point of Beginning. AGENDAJTE~M, t J UN 1 $1S 8 .,.,¢ EXHIBIT "A" SECTION ~t , TOV/NSHIP ~9 SOUTH, RANGE 25 EAST 60LLIER COUNTY, FLORIDA LEGAL DESORIPTION The Eas~ 30 fee~ for Road Right-of-Way of ~he following described parcel o. land: Lot i, INDUSTRIAL VILLAGE, an unrecorded Plat in S~ctio~ Il, To~hip 49 South, R~nge ~5 East, Collier County, Florida, being more particularly described ~ follo~: Co=~ence at ~he West 1/4 come: of Section 11, To~hip 49 South, Rang~ 25 Ea~, golli~r County, Florida; %hence along the East-~e~t i]4 line of ~aid Section 11, a~ ~urv~y~d, N 89~ 30' 40" E, 1987.83 f~et; Th~nc~ l~aving ~ai~ Ea~-W~ 1]4 lin~, N 00' 24' 17" W, 1586.29 f~et to the Poin~ of Beginning; Thenc~ co~cinu~ N 00' ~4' 17" W, fl0.00 f~t; Thence N 89' 28' lg" E, 165.00 f~t to the c~nterlin~ of a road; ~nc~ along centerline, S 00' 24' 17" E, 80.25 fe~; ~nce l~aving ~aid c~n~rline; S 89' 35' a3" W, 165.00 feet to the Point' df Beginning. pROj £t--~: I' ~.'ISTU AGENDA ~IT~ ~ No._~ J U N 1 $1998 P=. BUDGET AMI~NOMi~NT REQUEST FUND TITLE D=te prepared: (FUND NO.) For Budget/i~nance Use Only BA# JR# BAR# A.P.H. Date TO ECC YES NO I pr~',4Cus~y approve, BCC Agenda Date: / / Item No. Attach Executive Summary ,EXPENSE BUDGET DETAIIi' Center T~e Cost Center Nc Prcje~ T~e ' EXPENDITURE INCREASE CURRENT _ OEJECT CODE EXPENDITURE TITLE ~EC~.EAS~ EUOG~T I~¢se.r¢~£ 9[ ctol 0 ~,cst Cen:er T?P.e Ccs: Cen:er t4o. Prcje= Ti~;e EXPENDITURE INCREASE CURRENT OEJECT CODE EX,=ENDITURE TITLE . fDECFE.,~EE) EUDGET Frcie~Na. REUSED ~ EUDGc"T $ $_I: 9? z__. P:cje~ No. 0 F.E'~SED EUDG='T $ $, $. $, $., $ $ REVENUE BUDGET DETAIl :~, Ce.-.er Tale Cc~ Cen~er flc. Prcjec~ Tnle Prcjec~ No. ~EVENUE )NC~EASE CUFmE~rr P. EV~SED mOBJE~ CODE R~VEt~UE TITLE , {DECR~SE) miBUDG~ ~O~ EXPLANATION '.~1~¥ are fur~s needed? Where are funds ava~able? COST CENTER DIRECTOR: REVIEW PROCESS DIVISION ADMINISTF. ATOR~ EUDGET I~EPART;d, ENT: AGENCY MANAGEF,: FiN~.NCE DEPARTL~,ENT: CLERK OF EOARD ADt. IiN: INPUT BY: B.A.. NO.: AGENDA JUN ! 6 1998