Agenda 06/02/1998 RNOTICE:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 2, 1998
9:00 a.m.
ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
i'RIOP. 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 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE TItAT 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 ($) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE ltEARING IMPAIRED ARE AVAILABLE IN THE ~
COUNTY COMMISSIONERS' OFFICE.
1
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO i:00 P.M.
I. INVOCATION - Reverend Grant Thigpen, New Hope Ministries
2. PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
4. APPROVAL OF MINUTES
$. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAbIATIONS
I)
Proclamation proclaiming the week of June 6 - 13, 1998 as National
Homeownership Week. To be accepted by Sam Goodman, Vice Chair of the
Affordable Housing Commission.
2)
Proclamation proclaiming the week of May 31 - June 6, 1998 as National Small
Business Week. To be accepted by Nell Dorrill, Economic Development Council of
Collier County, Dan Regeiski and Suzanne Specht, Florida Gulf Coast Univer~ity
Small Busine~ Development Center and Tony Ferrari, Service Corps of Retired
Executives (SCORE).
SERVICE AWARDS
I) Robert Co~ner - Road & Bridge - 25 years.
2} Rhonda Augu~yn - Library - I0 year~
3) Harry Chancy - Compliance Servlee~ - 10 year~.
4) Chartchai Isaro~knl - Road & Bridge - 10 year~
$) John Marron - Stormwater - I0 years.
6) Janice Eliiott - Park~ & Recreation - 5 years.
PRESENTATIONS
I) Presentation of a plague to Lieutenant Michael Goguen for EMS Paramedic of
the Year.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
i) Community Development and Environmental Services Division report
regarding Density Reduction, Transfer of Development Rights, and Clustering.
2) Approve funding: Gulf Coast Runners Naple~,~On-The-Run - S3,500; Naple~
Giri~ Basketball Foundation Tournament - $5,000; Naples Sailing Center Youth
Sailing Regatta - $5,650; North Naple~ Little League Sports Festival - $8,000 in
Tourist Development Special Event~ Fund~.
3) Request that the County Board of Comm~ioners acknowledge the scope of
review applicable to reconsideration of a PUD Development Order pursuant to
Section 2.7..3.4 time limits f~r approved PUD Master Plant, (PUD $unsetting) of
the Land Development Code.
4) David Woodworth requesting an appeal of declaration of public nuisance - weed
abatement Code Enforcement ~ No, 710'27=05 Record.
B. PUBLIC WORKS
i) Corridor study for the extension of Santa Barbara Blvd. South betwee Davi~
Blvd. And Rattlesnake Hammock Road. (Project No, 6~091) CIE No. 32.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
2
10.
I!.
I) Count), Adminbtrttor's rcorzanJzztion phn.
F. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners authorize the settlement of
the case of Cailler Coun(y v. Bmye J. Matthews, Case No. 98-224-CC.
BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Isles of Capri Fire District Advisory Committee_
OTHER ITEMS
OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMblENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS- BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
I)
An Ordinance am~ding Collier County Ordinance No. 86-41, u amended, the
ordinance establhhing Jtandards for creation and review of county boards;
amending Section Three, CrcaUon of New Boards; renaming County Manager
as County Admhlstrato~ amending SePias Five, Qualifieattous and
Reqairemeut~ for Membership on Boards; providing that specific categories of
expertise required to qualify for servJee on county boards are primarily
directory and not mandalory; amending Section S~en, Term of Office;
pt ovMtng that aH members of boards et-ut, ed by the Commission shall serve at
the pleasure of the Commission; providing for extension of terms of board
members; amending SectJo~ Nine, Review of Boards; updaPng the dates when
existing advisory boards are to be reviewed; providing for the Jnelbsion of new
boards; provMing for conflict and severablUt~, providing for inclusion in Code
of Laws and Ordinances; and pr~vkJing au effective date.
2)
Recommendation that the Board of County Commbsiouen of Collier County
adopt au ordinance repenlb~ in It~ entirety, Collier County Ordinance No. 76-
63, xs amended, abolishing the District ! Municipal Services Taxing Unit;
providing for inclusion in Code of Laws and Ordimmce$; providing for conflict
and severabllity; and provMing for an effective date.
3)
Recommendation that the Board of County Comminioners of Collier County
adopt an Ordinance amending Collier County Ordinat~ce No. 76-72, as
amended, amendin~ Section One, adding land and increasing the boundaries of
the District 3 Municipal Services Taxing Unit; providing for conflict and
13.
14.
i$.
severabllity; providing for Inclusion in code of law~ and ordinances; and
providiug for an effective date.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - AH 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 Alenda and considered
separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
I) This item has been deleted.
2)
Award of RFP 98-2780 and approval to sign agreement to provide legal counsel
for the North Code Enforcement Board.
Resolution of the Board of County Commissioners, Collier County, Florida,
agreeing to join the Local Partnership for Homeownership.
4)
AuthorL~e waiver of wafer impact fee~ sewer impact fee~, library impact fee~
parks and recreation impact fe~ road impact fee~ emergency medical services
impact fee~ and educefional Impact fees for one house to be constructed by
Feltctano Martinez and Sofia Martlnez and to fund said waivers from
Affordable Housing Tru~ Fund, Fund 191.
B. PUBLIC WORKS
I)
Report on the status of the Groundwater Monitoring Program at the Naple~
LandfilL
2)
Recommendation to award Bid No. 98-2806 for the purchase of one dump truck
for the Water Department.
3)
Approve a recommendation to award Bid No. 98-2800 for the burial of
agricultural mulch to Adwood, Inc. and approve the associated Budget
Amendment.
4)
Recommendation to accept the bid for surplus of one Magna One Synchronous
AC Generator.
Acceptance of various Drainage Easements to provide for flooding relief to
property owners abuttinlz Sperling Pond.
Approve Construction C'hinge Order with Better Road.-,, Inc. for Vanderbilt
Drive Pathway Improvements (Vanderbilt Beach Road ~o 111* Avenue).
4
?) Approve additional professional services by Johnson Engineering, Inc. for
analysb of utility impacts within the Goodlelte-Frank Road Four Laning
Corridor (Pine Ridge Road to Vanderbilt Bench Road), CIE Project No. 06S.
8) Accept a Donation Agreement for conveyance of utilily easements for access
and maintenance of the Reclaimed Water Main to the North County Regional
Water Treatment Plant.
9) Award contract to Guymann Construction of Florida, Inc. to construct work
remaining to complete, and approve Amendment No. 4 to Agnoli Barber &
Brundege for Professional Services during construction of the Riviera Colony
Water-Sewer Improvements, Phase II, Bid 96-2588, Project No. ?3025/=/0034.
! 0) Approve Settlement Agreement with Guymnnn Construction of Florida, Inc.,
regarding Riviera Colony Water-Sewer Improvements, Phase II, Bid No. 96-
2517, Project No. 73025/70034.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) Award a Contract to Candito Management Group, Inc. for Food and Beverage
Concession at the Main Government Complex and to Terminate the Agreement
with the State of Florida, Division of Blind Services.
E. COUNTY ADMINISTRATOR
I) Budget Amendment Report
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
I) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED,
H. OTHER CONSTITUTIONAL OFFICERS
!. COUNTY ATTORNEY
J. AIRPORT AUTIIORITY
17. ADJOURN
INQUIRIES CQNCERNING CHAN(~ES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFIJCE A,T 774-8383.
~4 GfNDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEF~ TING
ADD: ITEM I6(A)($)' REQUEST TO APPROPE A PR~L~AR~Y~.~,?~RI~o..~.o.~
AUTHORIZATION FOR FORRF~ GLE~ GOLF COURSE.
DELETE: ITEM 16(B)(1) - REPORT ON THE STAT[IS OF THE GROUNDIVATER
MONITORING PROGRAM AT THE NAPLES LANDFILl.. (STAFF'S REQUEST).
?noc~Aa~ ~ON
14/HEI~EA$. the Doord of County Commissioners of Collier Courtly ~pports
cooperatively w/th other public and private sector organizations t.
create an adequate ~zpply of decent, $0£e, sanitary and a£fordabl.
housin9 for oll citizenS, of Collier County; and
the Un/ted State. g i$.o. ne of. the tTr~t coc~trlt$ ~n the ~rld ~o mo
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BOAI~D OF COUNTY COA4/A.r$$£ONER5
COI. L2E~ COUNt., FLOg~OA
AGEN,~.A~TEM''
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JUN - 2 ]998
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·ach y~or since 1963, the Prt~ident of the Urn'ted 5tatea has d~gnated a week as
Aiationol Small Business ~/eek in recognition of the small basin.s community's
contributions to the American economy and society; and
the U.$, Small Business Admiaittration, i~ l~rtr~'sh~p ~ith public ~d primte-
s~ctoe s~B b~in~s ~floet~s. ~cS ~c~l acti~ti~ hmoci~ the mti~
~trepr~e~s at th~ b~ state ~mti~l levels; ~d
the tL.$. Small 8u$1nex$ Administration has backed ovte 49,400 Ioat~ to American's
s~ll business: ~de 2, 7~ i~tm~t$ thrash its v~t~e cop/la/ pr~ra~'
peo~ded ~0,~ /~ lo di$ast~ ~cti~ far r~id~tiol. ~s~l pro~ty ~d
busin~ Io~s~; ~t~ded ~9~t ~ termini assist~ce to n~rty 9~,~
s~ll b~in~s~ thrash its S~ct C~s of get/red Executive {SCOgE}
vol~teee$ ~d 5~11Bostn~$ ~evelopm~t C~ Iocofi~; ~d ~xumed o
leod~sMP role in the Pc~id~t~ Well, e-to-Work initiative by ~coumg~
~teepe~t~sh~p ~d Iinki~ $~11 b~in~s~ ~th palatial ~pl~e~: ~d
the Economic Development Council of Callia' County, through the I%blic/~rivale
Portne. eship for Economic Proa~mrJty.with the Collie' Catty Bmrd of
Commissions. th~'5~l B~ O~el~m~t C~t~ ~d the 5~ce 6~rp$ for
ge t~red Exe~t~ (~O~E) ~i~, to ~wdt e~mic oflport~iti~ for
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a~t [~ s~a b~ ~ ~d~/~ to ~t~~ t~t promote dob
~C~~ ~t~i~th.t~d.~ f .$~a ~in~ A~i~t,~,
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~ do b~y ~c~{~.(~z~q~Mt ~11 ~in~s~ ~ the~r ~ploye~
/or th~c c~tributi~ to ~ co~i~.
AND ORDE~IED TI~$ ~ Day of June, 1998.
BOARD OF COUNT~ ,~OtHIH~$SIOIVER$
COIZZER COUNTY', FLORZDA
A ~7'E$ E'
BARBARA B. B,~RRY, CHA:~V~AN
AGENDA ITE~
No.
JUN - 2 l J8
BROCK, O. ERg Pg. I
EXECUTIVE SUMMARY
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION
REPORT REGARDING DENSITY REDUCTION, TRANSFER OF DEVELOPMENT
RIGHTS, AND CLUSTERING CRITERIA.
OBJECTIVE: To provide information on the density reductions in both the Urban and
Rural areas, transfer of development rights in the Immokalee Urban Area and within a
one mile band, and clustering criteria outside el~ the Urban boundary.
CONSIDERATIONS: The Board of County Commissioners at their meeting on April 14~
directed staff to evaluate the following:
URBAN
· Reduce density in the Urban Area from 4 units to 3 units per acre and 4 units to 2
units per acre for parcels that exceed 100 and 200 acres, respectively.
· Reduce the density band bonus from 3 to 2 units per acre.
· Reduce maximum density countywide from 16 to 12 units per acre.
Promote Traditional Neighborhood Design (TND) criteria by allowing projects that
rezone under those guidelines to retain the maximum of 4 units per acre.
· Provide criteria and a framework for lowering densities through the 'sunset' (time
limit) provision of the Land Development Code.
RURAL
· Reduce density in the Agricultural/Rural Area (east of Golden Gate Estates) from
one unit per 5 acres to one unit per 20 acres. Exclude properties within 1 mile of a
public roadway (including CR 858, 846, SR 29, 82) and keep the current density of
1 unit per 5 acres on this property.
· Reduce density in the AgdculturaFRural Area (east of Golden Gate Estates) from
one unit per 5 acres to one unit per 20 acres and create a Transfer of
Development Rights receiving zone which includes the Immokalee Urban Area and
a one mile band surrounding the Immokalee Urban Area.
· Support clustering criteria in the Agricultural/Rural Area.
OTHER ASSUMPTIONS
· No change in density to the Urban P. esidential Fringe Area;
· Agricultural/Rural land between the Urban boundary and west of the Estates shall
remain at one unit per 5 acres; and
· The economic impact will be analyzed when final determinations are made with
regard to the proposed amendments to reduce density.
Density Reductions
Urban Designation
· Amend the Density Rating System to a maximum cap of 3 units per acre from the
current 4 unEs per acre for properties exceeding 100 acres and 200 acres in size.
For properties that are larger than 100 acres in size, the result is 3,865 acres
reduced one unit per acre for a total of 3,865 units. For properties larger U"mn 200
acres in size, the result is 2,008 acres reduced by one unit per acre for a total of
2,048 units.
JUN 0 2 1998
/
Reduce the density band from 3 units per acre to 2: If the density band were applied
to vacant agricultural properties it would result in 3,649 acres at 3 dwelling units per
acre for a total of 10,947 dwelling units reduced to 2 dwelling units per acre for a
total of 7,298 dwelling units. A net reduction of 3,649 dwelling units.
Reduce the maximum density for properties within an Activity Center from 16 units
per acre to 12 units per acre. There are 375 acres of agriculturally zoned property
if developed at 16 units per acre would result in 6,000 dwelling units, at 12 units per
acre 4,500 dwelling units, a net reduction of 1,500 dwelling units.
Note: For modeling purposes, staff did not allocate any density Increase for
the density band and made the assumption that all of the agricultural
properties remainlng in tho Activity Center would be zoned for commercial
uses. Therefore, the reductions that have been Included In the model result In
no density Increase for properties located in the density band and no
residential density at the Activity Centers.
Potential Result: Density reduction from 4 to 3 units per acre for properties over 100
acres result in 3,865 dwelling units; and if properties over 200 acres were considered,
the result is a reduction of 2,048 units. These net reductions would double if the
decrease was from 4 to 2 units per acre to 7,730 units and 4,096 units.
Agricultural/Rural Designation
· Reduce density in the Agricultural/Rural Designation Sending Area from one unit
per f'n/e acres to 1 unit per 20 acres (118,301 acres).
· Exclude parcels within one mile of the following major roadways: CR 858, 646. SR
82 and 29 (67,400 acres), (See the attached Future Land Use Map 1).
· Residential density in the Rural Area is I unit per 20 acres, which shall be clustered
on one acre lots with private well and septic systems.
· Pdmary use of the sending area is agricultural.
Potential Result: The reduction of density in the Agricultural Rural sending area
excluding parcels within I mile of a major roadway would result in 118,301 acres from
the current density of 23.660 units to 5,915 a reduction of 17,745 units.
Transfer of Development Rights (TDR)
Density reductions in the Agricultural/Rural Area could be combined with a transfer of
density from a designated sending area to a designated receiving area (see Future
Land Use Map 2 attached).
· Reduce density in Rural/Agricultural (Sending Area) from I unit per 5 acres to 1 unit
per 20 acres, allow for a density transfer at a rate (to be determinee) Lo land
designated as the receiving areas.
· Receiving areas are designated on the attached map and include: the Immokalee
Urban Area, 14,415 acres (Option 1 ) and/or a one mile band surrounding the
lmmokalee Urban Area, 20,400 acres (Option 2).
· In order to go above that density, up to a specified cap, a 'i'DR would have to be
purchased from the sending area.
Potential Result: The reduction of density within the Agdcultura'. Rural Sending
Area would result in 165, 301 acres from the current density of 33.060 unit_~ tn 8'?~'--,,'.~,,,,**T~- --
a net reduction of 24,795. ~'~
JUN 0 2 1998
NOTE: There are Agricultural/Rural Areas outside of the Sending Area (outlined
in black on Future Land Use Map attached) approximately 182,006 acres, and
584,904 acres designated as Conservation (within Area of Critical State Concern).
These areas should be considered for a reduction in density from one unit to five
acres to one unit per 20 acres.
Clustering Criteria
Agricultural/Rural Sending Area (east of Golden Gate Estates)
Property greater than 100 acres in size shall be required to cluster residential units
subject to the following criteria:
· The maximum density shall be one unit per 20 acres.
· Open space shall be maintained at a minimum of 70% of the total project land area.
These open space areas shall be retained for agricultural uses, environmental
preservation or passive recreation areas.
· A minimum of 5(P/, of the gross acreage of the project must contain natural areas.
· Well and Septic systems shall be required.
Agricultural/Rural Area (west of Golden Gate Estates)
· Clustering of residential units is required in the receiving area for any project above
100 acres in size.
· The maximum density is one unit per five acres.
· Central water and sewer utility service is permitted in order to serve the clustered
residential development. If the Collier County public water and sewer utility system
becomes available in this area in the future, the residential development shall be
required to hook up to and become part of the County utility system.
· A minimum of 70% of the gross project acreage shall be maintained as open space
to include such uses as environmentally sensitive area, golf courses, active and
passive recreation areas.
· A minimum of 50% of the gross project acreage must consist of natural areas.
These natural areas shall be protected by a permanent conservation easement
prohibiting further development.
· Open space, including natural areas, shall be connected within the boundaries of
the project as well as surrounding areas to the maximum extent possible.
· A minimum vegetated buffer area of 200 feet shall be provided for all structures in
the residential cluster area from the nearest external roadway on the boundary of
the total project.
AMENDMENTS TO THE LAND DEVELOPMENT CODE
Amendments to the Land Development Code regarding time limits for rezones and
Planned Unit Developments within 5 years from the date of adoption will be required to
add criteria to review properties in an effort to reduce the density. The following criteria
should be considered after the Comprehensive Plan has been amended to reduce the
maximum density provided under the Density Rating System.
· The density shall be consistent with the Density Rating System of the
Comprehensive Plan and shall not be permitted to go above the maximum cap,
excluding those policies which may include a provision for a higher density. The
only exception to the consistent density wffi be in those cases where the consistent
density is determined by substantial competent evidence to be incompatible with
surrounding land uses in existence at the time of the review. It is important that the
initial test be consistency with the density rating system, and thon the i~ue
compatibility with surrounding land uses. There are many densities that may ·
JUN
0 2 1998
determined to be compatible, but if the consistent density is compatible, that is the
appropriate density; and
The reduction of traffic impacts and other infrastructure impacts.
Criteria that could allow a project to keep their current density without further
reduction would require a rezoning to include the components of a Traditional
Neighborhood Design Concept. These concepts would provide interconnections
that are viable to surrounding properties and not a limited access community and
may provide convenience commercial to reduce shopping trips.
AMENDMENTS TO THE GROWTH I/.ANA(I£MENI' PLAN
If the Board of County Commissioners decides to amend the Density Paring System to
lower the maximum cap, there are certain provisions that should be addressed which
can increase density and one provision that decreases density.
· Conversion of commercial zoning - bonus up to 16 dwelling units per acre;
Affordable housing - bonus up to 8 dwelling units per acre;
· Residential infill (less than 10 acres in size) - bonus up to 3 dwelling units per acre;
· Roadway access - access to 2 or more arterials, bonus of up to 1 dwelling unit per
acre;
· TDR's - permitted to go above the maximum permitted density of the density rating
system; and
· Density reduction of one unit per acre in the traffic congestion area
GROWTH MANAGEMENT IMPACT: To implement these changes amendments will be
required to the Future Land Use Element and the Potable Water and Sanitary Sewer
Sub-elements of the Comprehensive Plan to provide for density reductions and transfer
of development rights, as well as central water and sewer i~ certain defined areas.
FISCAL IMPACT: An analysis will be performed to determine the impact of the
changes regarding density and transfer of development rights on the tax base and the
revenue from impact fees. Further, an analysis of the legal impacts of this proposal will
be performed. Funds are available in the 111 Cost Center. If staff uses consultants for
this exercise and costs of this work exceeds $15,000, staff will retum to the Board for
further discussion.
RECOMMENDATION: That the Board of County Commissioners discuss with staff
potential amendments to the Future La:~d Use Element, Potable Water and Sewer Sub-
Comprehensive Planning Section
AI::'RROVED BY: ~_ DATE:
.,r--_
~obe~ J. Mull~re, AICP, Director
Vincent A. Cautero. AICP, Administrator ~
Community Development & Environmental Services Division
jJUN 0 P. 1998
TABLE 1
DENSFI'Y REDUCTIONS
URBAN AREA
Over 100 acres
Over 200 acres
Acreage
3,865
2,048
Density Band 3 to 2
Activity Center 16 to 12
Net Reduction in Dwelling Units
4 to 3 du per ac 4 to 2 du per ac
3,865 7,730
2,048 4,096
3,649
1,500
Sending Area
ROW - I mile band
AGRICULTURAL/RURAL AREA
Acres I unit/5 ac 1unit/20 ac Net Reduction
118,301 23,660 5,915 17,745
67,400 13,480
TRANSFER OF DEVELOPMENT RIGHTS
Option 1
Reduce density in sending area from one unit per five acres to one unit per 20
acres, and transfer that density to Immokalee Urban Area.
Agricultural/Rural Area
Sending Area
Acres I unit/5 ac I unit/20ac Net Reduction
185,701 37,140 9,285 27,855
Option 2
Reduce density In the sending area from one unit per five acres to one unit per 20
acres, and transfer that density to one mile band around Immokalee Urban Area.
If the density remained at one unit per 5 acres wlthln the one mile band with the
purchase of TDR's, the net reduction of density would be 20,715 units.
Acres 1 unit/Sac I unlt/20ac Net Reduction
Sending Area 165,301 33,060 8,265 24,795
Receiving Area 20,400 4,080
JUN O 2 1998
Table 2
DENSITY REDUCTIONS COMPARISON
Recommendation
to BCC on 4/14/98
URBAN AREA
Reduce 4 to 2 23,608
du per ac
BCC Modification to
Recommendation
4to3 4to2
Dwelling units per ac
Properties >100 ac 3,865 7,730
Properties >200 ac 2,048 4,096
No density for density band
Activity Center-commercial uses only
Density band 3 to 2 3,649
Activity Center 16 to 12 1,500
Urban Res. Fringe 5,879
No change in density to Urban Res. Fringe
RURAL AREA
115 to 1120 28,395
(If TDR's are utilized, the
overall density reduction will be
lower).
115 to 1/20
(TDR to Immokalee Urban Area)
115 to 1/20
(TDR to one mile band)
115 to 1/20 (exclude ROW)
27,855
20,715
17,745
Maximum Reduction in Number of Dwelling Units
57,882
· 4to2dulac
· No density band
· Commercial uses in Activity Center
· No TDR's
35,585
Properties >100 ac 4 to 2 du/ac
No density band
Commercial uses in Activity Center
TDR's to Immokalee Urban Area
JUN 0 2, 1998
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EXECUTIVE SUMMARY
APPROVE FUNDING GULF COAST RUNNER~ NAPL~N.TH£-RUN $3,500; NAPLES
GIRLS BASKETBALL FOUNDATION TOURNAMENT $5,000; NAPLES SAIUNG CENTER
YOUTH SAIUNG REGATTA $5,650; AND NORTH NAPLES LITTLE LEAGUE SPORTS
FE_gTIVAL $8,000, IN TOUmST_ DEVELOPMENT SPECIe, L EVEI~r, S FUNDS. ,,
OBJECTIVE: To approve funding for the following events: Gulf Coast Runners Naples-on-the-
Run 20K race $3,500; Naples Girls Basketball Foundation tournament ~5,000; Naples Sailing
Center Youth Sailing Regatta $5,650; and North Naples Little League Sports Festival $8,000 in
Tourist Development Special Events funds.
CONSIDERATIONS: On April 20, 1998, the Tourist Development Council reviewed eight
apprK:attons for Category B2 Special Events funding. Total funds available for projects in thi~
category at the time of the meeting was $99,811. Six of the projects ware recommended for full or
partial funding, one of which was approved by the Board on 5/5/98, with four of the remaining five
now being brought forward:
Gulf Coast Runners requested $3,500 to hold their annual Naples-o~-the-Run 20K race on
September 13, 1998. The TDC recommended funding the full amount requested by a vote
of 9-0.
The Naples Gids Basketball Foundation requested $5,000 to hold two girls basketball
tournaments May 2-3 and June 19-20, 1998. The TDC recommended funding the full
amount for these events by a vote of 9-0.
The Naples Sailing Center requested $5,650 to hold a youth sailing regatta November 14-
15, 1998. The TDC recommended funding the full amount by a vote of 9-0.
'The North Naples Little League requested $13,500 to hold the Naples Sports Festival
August 7-9, 1998. The TDC recommended funding in the amount of $8,000 by a vote of 9-0.
FISCAL IMPACT: The $22,150 is available in ;eserves in Fund 193 from the Toudst Development
Tax Fund. A budget amendment is needed to allocate funds to the projects.
GROW'TH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Comments approve the above referenced
applications for TDC ;funding, and authorize ttm Chairman to sign standard special events
agreements, based u,p~n 7ii997 staTlard ~g~sem/~. t, f; each of the listed events.
i Heler~e CaseRi~- Date'AGEN~)A ITEM
Economic Development Mgr. No. ~/ ~
Date
JUN 0 2 1998
Gulf Coast Runners
Naples-on-the-Run 20-k
Sept. 13, 1998
ASA Properties
in-line skating event
May 16-17, 1998
Colli~ County Parks & Rec
jazz & arts festival
date: Aug. I5, 1998 ~ note:
YMCA of Collier County
catch & release fishing tourney
Aug. 14-16, 1998
Naples Girls Basketball Foun.
Spring Classic (2 tourneys)
May 2-3, June 21-21, 1998
~laples Sailing Cente~
~ ~a~ing regatta
Nov. 14-15, 1998
United ~ Council
&and castle conteslJdig-a-thon
Naples Little League
tournament
date: Aug. 7-9, 1998
Silve~ Slam Fishing Tourney
date: May 1999
4-20-98 TDC APPLICATIONS
Category B2 funds
Re<r,~-.sted
3,500
Amount Recomm
3,500
$59,000 $ 40,000
$24,000 $ 10,000
agreement in attorney's office for review
$89,000 $
$ 5,000 $ 5,000
$ 5,650 $ 5,650
$16,520 applic
withdrawn
$13,500 $ 8,000
$50,000 n/a
Organization
Rec'd TDC $
Previously?
yes
yes
yes
yes
yes
TDC vote/
Commen~
yes, 9-0
approved
by BCC
yes, 5-4
yes, 9-0
9-0 to
table 'til
July mtg
TOTAC CATEGORY B2 FUNDS REQUESTED = $216,170
Total Calegory B2 funds available as of 3/31/98 = ~39,811
Economic Disaster funds available as of 3/31/98 = $747,736
JUN 0 2 1998
EXECUTIVE
REQUEST THAT THE COUNTY BOARD OF COMMISSIONERS ACKNOWLEDGE THE SCOPE
OF REVIEW APPLICABLE TO RECONSIDERATION OF A PUD DEVELOPMENT ORDER
PURSUANT TO SECTION 2.7.3.4 TIME LIMITS FOR APPROVED PUD MASTER PLANS (PUD
SUNSEFIING) OF THE LAND DEVELOPMEHr CODE.
executive mmmary seeks to identify the scope of the review process that may be determin~
~riate for the reconsideration of spproved PUD Planned Unit Development Orders which the
Bomt has directed be amended pumumt to the provisions of Section 2.7.3,4. of the LDC.
CONSIDERATIONS:
Reconsideration of the first group of PUD Devel~ Ord., resulting from provisions of the Land
Development Code relative to procedures for reconsidering a PUD Development Order that has not
begun initial construction activity with five (5) ~ of the date of its adoption, has lead to a certain
level of uncertainty as to the appwpfiate scope of the review,
This executive summary is intended to identify what staff considers to be the opportunities implicit in
the language of Section 2.7.3.4. to address various aspects and conditions of the originally approve
development order. This section establishes the parameters relative to issues of reconsideration, not
wi0manding what has transpired as a result of private property rights laws in the State of Florida.
This is a legal issue and one which, unless cl~trly defined, should play no role in the scope of review
conducted by your planning staff.
Consequently staffis of the opinion that Section 2.7.3.4 specifically provides that any PUD subject to a
stmsetfing action is subject to an "additional review and consideration of new development standards
or use modification" (i.e. words in parenthesis excerpted from Section 2.7.3.4).
The operative words which drive the foam of lhe review are "additional review and consideration of
new development standards or use modification".
With this general legislative direction previou~ PUD Sanset~g retxa'ts prepzred by staff have, in order
ofpfiority, foamed on the following evaluation criteria:
h the PUD consistent with the Future Land Use Element (Lc. Type of land use, density
and~or Intensity of use~)?
Land Uses - Evaluation is struc~ by the FLUE to thc GMP. The uses either are or
are not consistent with the FLUE. Relative to lend uses, however, thc following FLUE
relationships should bc reviewed.
JUN 0 2 1998!
R~ldentlal Mix and Development Standards - The FLUE does not provide any
reqnirements reintive to residential types (i.e. single family versus multiple family).
Staff should ad.ess any deficiencies that may bring about inappropriate mixes both on-
site and between adjacent projects.
Height of buildings should be a consideration for both on-site and off-site evaluation for
c~patibility.
Yard, setback and spacing requirements should be cle~trly crafted to avoid
adminis~'ative difficulties.
bo
Co
Cotnmerctal/Industrlai - The FLUE does not contsin any direction as to the type of
commercial or industrial land uses authorized once the decision is made relative to
consistency, with the exception of commercial under criteria. PUD rezones are different
from standard rezones in that the uses are specifically made a part of the PUD
development order. Given this fact the opportunity to be selective is inherent in the
review process.
Nevertheless, unless there is specific regulations in the LDC which further authorizes a
consistency determination then staff will have no basis to be selective in terms of
determining which type of commercial uses may be incompatible ~th the location
represented by the PUD. We are of the opinion that a compatibility analysis has no
application in judging the suitability of one commercial use to another. Selectivity
would have to be based on one's perception of the appropriate commercial environment
that ought to define a particular commercial development. Staff is prevented from
doing this in the absence of any legal bases to apply this type of consistency analysis.
Nonetheless, we are ofthe opinion that the BCC is not so constrained.
Density - (i.e. authorized residential dwelling units). This evaluation advises whether
or not the number of authorized dwelling units are consistent with the density rating
system. This evaluation has some discretionary ~ect because density authorized
above the base density where applic.~ble provides for additional density based upon
compatibility with ~ljacent land vses.
Therefore, a density that i~ in excess of the base density authorizeu by the current
regulations is subject to reconsideration.
Intens[l~ - (i.e. commercial and industrial floor an:n). The FLUE does not addres~
intensity stnnd~rds except for botelrdmotels. Tberefot~ to thc extent none m'e provided
the evaluation is discretionary. Stafflms ~plied a gene~l rule of 10,000 ~lUm'~ feet per
acre of land.
contains language thst is spplicablo to ell PUD's. Importantly, it providcs tat where the
PUD does not specifically provide regulation then regulations in thc LDC apply. This
gcneral provision typically ensures that ail dcvelopment will adhcm to off-street parking
and loeding rcquircmcnts, si~agc, landsc~ins, and architectural standards. Thcrcfor~
i~ is redundant for th~ PUD to reference sections of'thc LDC as being applicable.
~¢/' · 2. Have new LDC require, ts been adopted that are not reflected in the current PUD?
,. havc jurisdlmonal msponn'bility with respect to elemems of the ~ such as:
~':~},! ~' end ~ tr~'ficch~-ulzti~issucs.ROW ~ LO.g. t'el~~ Access management
~ - P.~ of CCME, Div. 3.8, 3.9, 3.10, 3.11, 3.12 and 3.13
oftt~ LIX2.
~- ~ents of Utilities Elements md Utilities Ordinance.
En_~neerin_t - Div. 3.2 Subdivision, 3.5 Excavations, Water management and
coord/nate utility and watcr mznagcmcnt district requircments.
Other as deemed ay_ vlicable - County Storm Drainage, Emergency management, Fire districts,
etc.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
None
RECOMMENDATION:
Acknowledge that the scope of rcview for reconsideration of a PUD Development Order es described
ebove or as otherwise supplcmented by tho County Board of Commissioners accurately establishes the
psramelers ofthat review.
JUN 0 2 ~98
[ ~: CURRENT PLANNING MANAGER DATE
~.,~ REVIEWED BY:
[,.~' ~DI1/ECrOR
~:"' :VINCENT A. CAUTERO, ~CP, ADMI~'~I/ATOR
i~ , CO~TY DEV. ~ ENVIRO~~J.~ 8VC8.
PUD OP~DER EX SUMMARY/md
JUN 0 2 FJ~8
EXECUTIVE SUMMARY
DAVID WOODWORTH REQUESTING AN APPEAL OF DECLARATION OF PUBLIC
NUISANCE WEED ABATEMENT CODE ENFORCEMENT CASE NO. 71027-05 RECORD
OBJECTIVE: That the Board hear an appeal by property owner, David Woodworth, as permissible
under Section 14 of Ordinance 91-47.
CONSIDERATION: The accumulation of weeds, grass, or other similar non-protected overgrowth in
excess of eighteen (!$) inches in height is prohibited and declared to be a public nuisance as prescribed
by Otdlnance 91-47. The subject property located within Section II, Township 50, Range 25, Surency
Subdivision, Block 3, Lot 23.1, has been cited by the Code Enforcement Department for noncompliance
with Ordinance 91-47. The following is a summary of the subject Case # 71027-05.
12 March. 1998 Site inspection of thc subject property found the following violations:
accumulation of weeds, grass, or other similar non-protected overgrowth in
excess of eighteen (! 8) inches in height.
18 March - 19911 Notice of violation mailed, certified, return receipt required to the property
owner of record.
3 i March - 1998 Notice of violation received and signed by property owner.
29 April - 1998 Property was re-inspected by Code Enforcement personnel and documented
that above noted violation still remained.
FISCAL IMPACT: Not applicable
GROWTH MANAGEMI~NT IMPACT: Not applicable
RECOMMENDATION: Because the owner was given due and proper notice in accordance with
Ordinance 91-47, staff proposes the declaration of public nuisance be supported by the Board. However,
the Board may consider any extenuating circumstances offered by the petitioner in making its decision in
this matter which have not been put forward to staff.
Edward Morad
Code Enforcement Supen, isor
REVIEWED BY: /~t~ ~ ~ Date:
APPROVED BY:
Michelle Edwards Arnold
Vincent A. C. autcro, A.I.C.P, Administrator "{
Community Development & Environmental Services D!vision
JUN 0 2 1998
JUN 0 ;~ 1998
EXECUTIVE SUMMARY
CORRIDOR STUDY FOR THE EXTENSION OF SANTA BARBARA BLVD. SOUTH
BETWEEN DAVIS BLVD. AND RATTLESNAKE-HAMMOCK ROAD. (Project No.
60091) CIE No. 32
~ To advise the Board ofCounty Commiuioner; on the status of the corridor
~udy for the extension of Santa Barbara Blvd. South between Davis Blvd. and Rattlesnake-
Hammock Road and receive direction prior to entering the final detailed analysis portion of the
~'udy.
CONSIDERATIONS: On March 19, 1998, County staff and representatives from the
con~ltant firm of Wilson, Miller, Barton and Peek. Inc. conducted a public work,hop on the
Santa Barbara Extension Corridor Alignment Study. Information was provided showing the ,
criteria considered in developing alignment alternatives and the final ranking recommendations
for further evaluation.
The consultant evaluated three north-south alignments for the extension of Santa Barbara Blvd.
fi'om Davis Blvd. to Rattlesnake-H~ock Road and three east-west alignments for a local
collector road from County Barn Road to CR-9$1. The Board needs to be aware ofthe criteria
evaluated and the locations of the alternative alignments in order to give staffdefinite direction
on proceeding with a more detailed evaluation for two corridor alignments. The most effective
way to inform the Board is to provide a brief review of the public workshop presentation
(approximately 20 minutes) followed by a question and answer period.
FISCAL IMPACT: None, unless the Board direct~ staffand the consultant to evaluate an
entirely new corridor alignment as is allowable within the contingent services portion of the
existing contract's scope ofwork. Ifa fourth alignment evaluation is desired, staffmay need to
bring the revised contract back to the Board for approval.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDAT/O~: Listen to the abbreviated public workshop presentation and advise
staffon the Board's preferred alignments to be considered for further detailed evaluation.
· iley~.E.
O.C.P.M. Project Manager IH
Date:
JUN 0 2 1998
EXECUTIVE SUMMARY
County Administrator's Reorganization Plan
OBJECTIVE: That the Board of County Commissioners review the financial and
organizational implications of the County Administrator's proposed plan of
reorganization and further ratify said plan.
CONSIDERATIONS: The County Administrator recently presented, as specified
under Ordinance 95-49 ('County Administrator*), a proposed reorganization plan
for the departments within the County Administrator Agency. At that time the
Board requested a more detailed description of the cost implications to each of
the affected departments. The recommended changes and the estimated impact
to each of the affected departments is as follows:
The most significant change being recommended is the addition of a fifth
organizational division, the Public Safety Division. Given the size,
complexity, and critical nature of emergency services a division is warranted.
Concurrently the Support Services Division, where emergency service
departments were placed with the Agency's most recent roorganization, will
regain the title 'Administrative Services.'
Emergency Services Administration. Two positions as follows:
Emergency Services Administrator (new) -
Administrative Secretary (from OCPM) -
Operating Expenses
Subtotal -
78,000
28,000
20.000
The Office of Capital Projects Management will be divided. Public Works
capital project and engineering functions will remain in the Public Works
Division. Management of vertical construction (government buildings) will go
to the Facilities Management Department. Management of Parks projects
will become the responsibility of' the Parks and Recreation Department.
Parks and Recreation - Two employees are to be transferred in as follows:
Project Manager -
Inspector -
Subtotal -
$ 52.
$112,000
FY '99 Construction management fees -
(Decrease in payments to OCPM)
¢$16o.ooo)
FY '99 decrease in General Fund cost - ($ 48,000)
Fadlities Management - Three employees are to be transferred in as follows:
Project Manager -
Fiscal Clerk -
Engineer -
Subtotal -
$138,000
FY '99 Con~ management fees -
(Decrease in payments to OCPM)
399.300)
FY '99 decrease in General Fund cost - ($261,300)
The Offices of Utility Regulation and Franchise Administration will be
combined and placed in the Community Development Division, where other
similar regulatory activities are placed. The operation of Channel 54 will be
split out of Franchise regulation, combined with the Office of Public
Information and placed within the Administrative Services Division.
Reclassifications. Fiscal Analyst to Cable Franchise Coordinator -
Franchise Admin. Coordinator to Public Information Director -
Utility Regulation Coordinator to Director Utility & Franchise Reg. -
Subtotal -
$ 4,000
$ 3,000
$ 0
$7,000
*Cost of Franchise Administration Coordinator and Video Specialist
positions ($83,000) to be shifted from MSTD General Fund (111) to
General Fund (001).
The administration of the Toudst Development Council and tourist
development tax allocations will be moved from the Office of Management
and Budget to the Community Development Division, where other economic
development activities are placed.
No fiscal impact
· The Pelican Bay Services Division, which currently reports lo the County
Administrator's office, will be placed in the Public Works Division.
No fiscal impact
The combined impact is the creation of one new full-tL-ne position and the
transfer out of OCPM of six positions. One existing but vacant position will move
from OMB to Commu y Oeve o ent. The net ___
recommended changes is a decrease in budgeted FY
~g o..--....--__
approximately $176,300. The ~.vir~s is generated from decreased constTuction
ma~'~geme~ overhead which will appear in the 1999 OCPM budget, which is
revenue driven.
FISCAL IMPACT: As atated above. The Board will further review each of the
individual changes during this summer's budget review process.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners ratify the
County Administrator's recommended plan of organization.
SUBMITTED BY:
County Administrator
Date: 5-1c3-98
EXF. cLrrlVK SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY
COMM~SSIO~ ALrFIIO~E ~ SETTLEMENT OF THE CASE
OF CO!_-rrER COUN'IT F. ~£~/'YE ./. M.,4C/'/~, CASE NO. 98-224-
CC.
~ Th~ the Board of County Commi~ioners authorize the County Attorney to
settle ~ lawsuit entitled Collier County v. B~tty~ J. Mattt~,~, Case No. 98--224-CC, upon
payment of One Thousand Six Hundred Dolhrs ($1,600.00), said funds to be pa/d by the
Def~ Bettye $. MaUhews (herdna~er "Ma~") to Ph/nt/ffCoHier County.
' CONSIDERATIONSi Subseque~, to Board d/scus~on and d/rectio~ Collier County filed a
~1~.'. February 10, 1998 in County Court, Collier Cotmty. The primmy claim asserted in the County's
~~sonaa conauctm seminars fi'om September, 1996 through May, 1997 on five (5)
1.::O Matthews attended the S~pt~rll~, 1996 and November, 1996 sessions of
l.,~lership Horida while she was a Commissioner, and th,-"reafler att~ded the remaining three
f3) cont'~c~ smsions al~ expiration of' h~r commission mm. AI~ the County's failure to
obtain nny reimbursement, the ~! legal action was initiated with the County seeking
reim~ent of eighty percent (80%), or $2000, of the $2500 of the public money expended to
pay for Matthews' enrollment in the Leadership Florida progr"d~.
In rezpond/ng to the CounO/s complaint as stated above, Matthews demanded jury U/al nnd filed
a counter-complaint against Collier County for damagc~ in the amount of Five Hundred and
Forty-four Dollars and 22/100 ($544.22) fc, r her "out-of-pocke~ trzvel expenses" in~ by her
al~'ndance at the tim two Leadership Florida seminars. She has also filed nn "offer of
judgment", potentially exposing the County to the payment of her cos,a and attorney's fees,
should the County fail to prevail at the trial ofthis matter.
It is the understanding of the County Attorney that this hwsuit could be resolved by thc payment
of the sum of One Thousand Six Hundred Dollars ($1,600.00) by MaUhews to Collier County
upon the Board's concurrence. In exchange for Matthews' payment of this amount of money to
the County ~ the withdrawal of the Dcfaxhnt's counter-coraplain! against the. County, the
County would agree to d/smias with prejudice its/awsuit against Matth.:ws.
FISCAL IMPACT: There would be no cost to Collier County in settlement of this lawsuit
Rather, the County would be receiving One Thousand Six Hundred Dollars ($1,600.00) from the
Defendant This is the equivalent of 60% of the $2500 conference fee previously paid by the
County. The County would also be immunizing itseff from any possible success of Matthews'
aforrmentioned counter-complaint as well as the poss~ility that if the County were to be
unsuccessful in its lawsuit, the County may have io pay attorney's fees and costs incurred by
Matthews in defending this action. Obviously. the settlement of this lawsuit at this stage would
also reduce the County's costs and stafftime in the prosecution of the claim.
GROWTH MANAGEMENT IMPACT: None.
p. ECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to settle the lawsuit entitled Collier County v. Bettye J. Matthews in the amount of
money and particulars described herein and authorize the Chairman to execute the appropriate
documents.
PREPARED B Y/., .~~. ,, Date: '5% '7''~' ~'~
Lawrence S P]vacek
Assistant County Attorney
DaVid C. weigei' ~.~
County Attorney
2
.Ji N 0 2 1998
II
~F.~~: To appoint I member to fulfill the remainder of a vacant term, ~ on
December 31, 1998, on the Isle of Capri Fire District Advisory Committee.
CONSIDERATIONS: The Isles of Capri Flr~ Control INstr~ Advisory Omnmtute is a 5
member commiiIee that advises the Board on the budget and'operation of d~_ Isks of Capri
Control District. T~'ms ar~ 2 y~rs and trg. m~ trnat t~lde ~ th~ ~ ofthe Isle of
~ Mtmi~ Fh'e Services Taxing DLs~ct. A list oftl~ cugre~ ~ is inchsded in
Mr. Edward Huegel resigned his position on the committee on Magh 19, 1998. A press release
was issued and resumes were received from the following interested citizen:
CATEGORY DIST ' ~ ADV. COMM.
MalI Cr~vder n/a I yes none
COMMITTEE RECOMMENDATIO~I: Matt Crowder
FISCAL IMPACT: NONE
(},ROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint 1 member to serve the remainder of the vacant
term, expiring on December 31, 1998, and direct the County Attorney to prepare a resolution
confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: JUNE 2, 1998
AGENpA~EH
JUM - 2 19B8
s tv c ,s
EMS
3301 E. TAMIAMI TRA~L
NAPLES, FL 34112
(941) 774-8459
FAX (941) 775-4454
M~y 13.
Sue Fil~n, Admlnis~r~tive As~.qem
Board of'Cc~my Commi.~sinn
3301 F.,a~ Tamiami Trail
Naples. Flndda, 34112
Dear M.~ Fii~n.
The Isl~ ot'('apri Advi.~ry R,ard met <~n May 7. Ir)~,~ and cli~'.~cd Mr Mntl
Crowdcr's cx~ni~ a nd Jnl creel in ~ing nn J hc I dc% ,l' C';t pri I:i rc I )ist ~ ic~ Advi~
~ard. AIl~h Mr Crnwd~ ~ thc .nly appli~nl. Iht Advi~lR. Ii~ar(I unanimt~mly
~m~d~ his appoint~l (hte I, hi< intcrc<1 and inv~lvrm~.~ll ~hh Ibc I~lc< ,F('apri
~re Di~Hct.
Em~cncy ~ewice~ D~panmem
AGE Np.~. ~TEN -
JUN - 2
Pg ·., ,p'~-
Isles of Capri Fire Control u~stnc, Advisory Committee
Name FYorl~ Phone Appt'd Exp. Date Term
Home Phone DateRe. appt 2ndExpDate 2nd Term
Jerry Marinaro
231 Capri Boulevard
NapIes, FL 34113
Category:
Edward Huegel.
278 .Capri Boulevard
Naples, FL 34113
District: 1
Category:
Chris Xigoglanis
111 Capri Boulevard
Naples, FL 34113
District: I
Categoo':
642-5596
394-4228
394-3522
01/07/97 12/31/98
09/27/94 12/31/96
I/7/97 12/31/98
12/16/97 12/31/99
2 Years
2 Years
2 Years
2 Years
Philip A. Popovici
407 Cn'enada Avenue
Naples, FL 34113
District: I
Category:
642-2975
01/07/97 19./31/98
2 Years
Charles Dexter Colvin
163 San Salvador Street
Naples. FL 34I 13
District: I
Category:
642.4525
12/16/97 19.2/31/99
2 Years
Isles of Capri Fire Control District Advisory Committee
Work Pl~on~ Appt'd F_x'p. Da~¢ Term
~ 5 ~ ~ ~ ~ ~ ~. No. 7~ ~ a~ ~e Board of Coun~
~m ~ ~ ~~ ~ ~ I~s of Capd Rte ~n~oi Dis~ Mem~m
~ ~ ~ ~e ~nda~ ~ ~ Is~ ~ ~ Mun~pal Rm Se~ces Taxing Dis~
Te~ ~ 2 yearn.
FL ~T'R T:
Staj~: Diane Fiagg. Emergency Services Director. 774-8459
JUN - 2 1998
MEMORANDUM
DATE:
TO:
FROM:
April 24, 1998
Vinell Hills, Elections Office
Sue Filson, Administrative Assistant~.
Board of County Coramissioners
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
ISLES OF CAPRI FIKE CONTR DIST ADV COMM COMMISSION DISTRICT
Matt Crowder
156 Capri Boulevard
Naples, FL 34113
Thank you for your help.
AGENb& 'Z~E..M
no._/O.t?' _
· lUlt - 2 ~8 F
'" ' '. '
MEMORANDUM
DATE:
· .- TO:
RE:
April 24, 1998
Diane Flagg, Emergency Medical S~rvi~. irector
Sue Filson, Adminisu~ve.Assistani-"~L~
Board of County Commissioners ,~i '
Isles of Capri Fire Conlrol ~ct Advisory Committee
As you know, we currently have 1 vacancy 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:
Matt Crowder
156 Capri Boulevard
Naples, FL :3411:3
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive ~ 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
JUN - 2 1998
MATT CROWDER
Wednesday, April 08, 1998
l~k Sue Filson
Collier County Boaxd of Commissionen
3301 Tamiami Trail F~st
Naples, FL 34113
RECEIVED
of Ccun:? Co.r,~fssf~ner, s{~
P~: Application for Vacant Position, Isles of Capri Fire District Advisory Board
Dear Sue:
Wi:h' ~ l¢'~et I wotdd ;Eke to sub.ir my name as a candidate for the uocoming vacancy
on the Isles of Capri Fire District Advisory ~oard. I am a homeowner, resilient, and oxtmer
of a small business on the Isle& Here is a brief rundown of my education and experience:
Education:
· Graduate, W.A. Bert}' Senior High School, Birmingham, A1 (1978)
· Candidate, BFA, Univenirr of Montevallo, blontevaLlo Al (1979 - 1981)
Recent Professional Experience:
· Owner, Mart Crowder Automation Specialist, Naples, FL (1993 - present)
· ~nior Computer Consultant, Ram Information Systems, Houston, TX (1990 - 1993)
· Supemisorof ComputerS~pport, Healthquest, In~., Houston, TX (1987 - 1990)
· TechnicaiDirector, Houston Community College, Houston, TX (1985 - 1987)
· Asd#ant TechnicalDirector, Texas Opera Theater, Houston, TX (1982 - 1985)
Other Experience and Credentials
· blember. Isles of Capri Civic Association
· Member, Naples Area Chamber o£ Commerce
· Member, Marco Island Area Chamber of Commerce
· PADI® Certified Rescue Diver
· PADI® C. erdfied Medic First Aid
Thank you for your consideration.
Crowder J NO.~ !
PHONE & FAX: 941-642-75I 1 · E-MAIL: matt~corpusopti ..
· . ::mm. rec°d c~py
/~- 3/19/98 ~
I!.. Edward J. Huegel
Capri Blvd. RECEIVED
Naples FL. 34113
Board Of County Commissioners ~&R I ~ ~8
3301 Tamiami Tr. E.
Naples FI. 34112 8oar~ of ~0un:j ~0mm~$$i0ners
~ar Commissioners ~
With Much Regret I am writing this letter after
discussions with my doctor and family to inform you that for
health reasons I cannot continue on the advisory board of the
Isles Of Capri Fire District.
The frustrations I feel, are more than the rewards. I
thank you for the opportunity and for having approved me for the
board five years ago.
The effort to bring information to your board by Skip
Woolsey, Jim Eshe, Roddy Brown, The present board and myself
seems to have been squashed by a few Rowdy-Uniformed new
residents of Isles Of Capri.
In 1997 the then chairman of the County Board agreed
with our full Board approval request, to ask East Naples Fire
District to put together a one year contract to give our
community full time fire protection and I was part of requesting
this from East Naples. I am embarrassed now after asking Tom
Cannon, their board and Chief Shank to put together a very
reasonable contract. These few objectors have gone out and
blatantly tried to embarrass the East Naples Fire District, who
are one of the best operated fire departments in the State Of
Florida. We have been put on hold because of this small group by
the County Commissioners and hopefully no
Therefore please
someone who might help to bring our
CC:
Honorable Barbara B. Berry-Chairman
Honorable John C. Norris-Vice Chairman
Monorable Tim L. Hancock
Honorable Tim J. Constantine
Honorable Pam S. Mac'Kie
Skip Woolsey
Jim Eshe
Roddy Brown
Phil POpOViCi
Jerry Marinaro
Chris Xigogianis
Dexter Colvin
Kenny Brown-Chokoloskee, FL.
t r a~.~Pf~D_PD~.
take this Job a,j~'-~ ~~}.t}r'
Edward J. ~gel
AGENOA ~T. EM
No._/O. ·
JUN - 2 t998
SUMMARY
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. lff~41, AS AMENDED, TI~ ORDINANCE
ESTABLISHING STANDARDS FOR CREATION AND
REVIEW OF COUNTY BOARDS, BY PROVIDING THAT
SPECIFIC CATEGORIES OF EXPERTISE REQUIRED TO
QUALIFY FOR SERVICE ON COUNTY BOARDS ARE
PRIMARILY DIRECTORY AND NOT MANDATORY;
PROVIDING THAT ALL MEI~fBERS OF BOARDS
CREATED BY THE COMMISSION SHALL SERVE AT THE
PLEASURE OF THE COMMISSION; PROVIDING FOR
AUTOMATIC EXTENSION OF TERMS; UPDATING THE
REVIEW OF BOARDS LIST TO INCORPORATE ALL
EXISTING BOARDS; RENAMING COUNTY MANAGER AS
COUNTY ADMINISTRATOR; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
RECOMIWENDATION: That the Board of County Commissioners consider the adoption of an
ordinance amending Collier County Ordinance No. 86-41, as amended, to provide general
guidelines for County boards.
CONSIDERATIONS: Experience over time has shown that uniform standards affecting
advisory committee appointments, attendance, vacancy issues, etc., may be obtained through
clarification in this general application Advisory Board Ordinance (8641, as amended). The
amendment of this Ordinance allows for the simplification and reduction of many of the
County's specific advisory board ordinances and should facilitate all advisory committee
members to better understand the advisory committee standards that generally apply. The
following changes are reflected in this Ordinance amendment pursuant to prior Board of County
Commissioners direction and coordination with staffin the draffing process of the amendment:
I. Collier County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-
44, was created to establish standard policies for the creation and review of County advisory
boards, regulatory boards, quasi-jud/c/al boards, comm/ttces, task forces and ;ny other group
(hereinafter collectively referred to as "County board"), created by the Board of County
Commissioners. This amendment codifies the Board of County Commissioners' policy that
members appointed to County boards serve at the pleasure of the Board of County
Commissioners.
JUN 0 2 tYJ$
2. The Boazd of County Commiaaionera reco~ that not all applicants who m'e
otberwiae qualified to alt on County boarda posae~ the exact educational background and
technical expertise outlined in various County board ordinances as categories of expertise
n~ to effectively accomplish the board'a purpose. The Board of County Commissioners
de~x~ to consider ~uch quali~ing categories of expertise to be primarily directory and not
3. The Board of County C_,om~asioner~ recogniz~ that there are occasions when vacancies
occur on boards which may lead to a failure to meet quorum requirements on a given board.
Extending the term~ of members until su~ are appointed can reduce the possibility of a
County boad~'s failure to meet quorum.
5. It ia the des~ of Robert Fernandez that his position be titled County AdminisUmor
instead of County Manager. The proposed Ordinance makes this diatinclion.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMbI~NDATION: That the Board of County Commiasioner~ adopt the attached
Ordinance amending Ordinance No. 86-41, as amended and authorize the Chairman to sign
David C. Weigel ~' ~
County Attorney
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ORDINANCE NO. 9~..
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. ~-41, AS AMENDED, THE ORDINANCE
ESTABLISHING STANDARDS FOR CREATION AND
REVIEW OF COUNTY BOARDS; AMENDING SECTION
THREE, CREATION OF NEW BOARDS; RENAMING
COUNTY MANAGER AS COUNTY ADMINISTRATOR;
AMENDING SECTION FIVE, QUALIFICATIONS AND
REQUIREMENTS FOR MEMBER.SHIP ON BOARDS;
PROVIDING THAT SPECIFIC CATEGORIES OF
EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON
COUNTY IIOARDS ARE I~RIMARILY DIRECTORY AND
NOT MANDATORY{ AMENDING SECTION SEVEN, TER~,I
OF OFFICE; PROVIDING THAT ALL MEMBERS OF
BOARDS CREATED BY THE COMMISSION SHALL SERVE
AT TIlE PLEASURE OF THE COMMISSION; PROVIDING
FOR EXTENSION OF TERMS OF IIOARD MEMBERS;
AMENDING SECTION NINE, REVIEW OF BOARI)S;
UPDATING THE DATES WHEN EXISTING ADVISORY
BOARDS ARE TO lie REVIEWED; PROVIDING FOR THE
INCLUSION OF NEW IiOARDS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 86-41, as amended, was established Io create
,=tandard policies for thc crcation and r~view of County Boards; and
WHEREAS, it is the desire of Ihe County Commission that full board membership be
maintained by all County Boards for the purpose ofmecting quorum requirements; and
WHEREAS, the County Commission recognizes that all otherwise qualified applicants for
County Board membership do not always possess the exact educational back~'ound and
technical expertise which is outlined in County Board ordinances as categories of expertise
necessary to effectively accomplish the Board's purpose; and
WHEREAS, the County Commission recognizes that the terms of some Board members will
need to be extended from time to time in order to meet such Board's quorum obligations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLIN l'Y, FLORIDA, that:
SECTION ONE: Amendment to Section ~ of Collier County Ordinance No. 86-41.
Section Three, Cr~adon Of New Boards, of Collier County Ordinance No. 86-41, shall be
amended lO read as follows:
SECTION THREE: CREATION OF NEW BOARDS.
(a) All Boards created after the effective date of th~s Ordinance shall be
created by ordinance only, except for the Ad-Hoc Study Committees which fall
under the definition of Exempt. Such ordinance shah se~ forth ~he Bond's
purposes; functions; powers; respons~ilities; jurisdiction; membership-
requirements and n:mrictions; lerms and conditions of appointment ~o and
I
Words Uadrd:lia~ are added; Words C~,~lt.=~q~q~h are de.ed.
AGENDA
JUN 0 2 1998
I removsi from the Board; and the specific staff support, if any nccessaO' to
2 prepare ~n mmual report, either oral or wr/t~en, to be presented to the
3 Commission.
4 (b) Prior to the advertised pub~: hearing held £or raid ordinance, the County
5 M4me,ge~ Admini~trntnf shall submit to the Commission, a r~port set~ing forth the
6 t'oilowing information concerning the proposed n~w Board:
7 l.) Wbether the establish.mc~t of the Board will create su~cient
8 be~crmem to the community to justiF/the Commission's delegation o~' a
9 portion or' its authority.
10 2.) Wl~her another Board or agency, either public or private, aL,~ady in
I i exis~ce, could serve, or is serving the same purpose.
12 3.) Tbe costs, bo~ direct and indirect, of establishing tad maintaining
13 the new l~trd.
14 4.) V/berber c~eation of the n~v Board is necessary to enable the County
15 to obtain state or federal grants or other financing.
16 5.) Wh~ther the Board should have bonding authority.
17 6.) Wl~J~cr creation ora new Board is the best method Io achieve the
! 8 bewef}t desired.
19 SECTION TWO: Amendment to Section Five of Collier County Ordinance No. 86-41, as
20 amended by Ordinance No. 92-44.
21
22 Section Five, Qualifications And Requirements For Membership On Boards, of Collier
23 County Ordinance No. 86-4!, as amended by Collier County Ordinance No. 92-44, shall be
24 amended to read as follows:
25 SECTION FIVE: QUALIFICATION AND REQUIREMENTS FOR MEMBERSHIP
26 ON BOARDS.
27
28 All members or' County Boards shall be permanent residents and electors or
29 Collier County and should be reputable and ~ctive in community service. In
30 addition, all Board members should have demonstrated an interest in the activity
31 or service which is the purpose of the Board.
32 Any member of a County LIoa~d who ceases to be n resident of Collier County
33 during his or her te~rn ofo~ce sl~ail immediately advi~ the Commission ot"such change
34 in status. Upon such notice the Commission shall decltre the position to be va<,tnt and
35 shall promptly fill same pursuant to the provisio~ ot'Section Six herein.
36 The Commission's prirnm'y consider~on in appointing Board members shall be to
37 provide the Boa,-d with ~ technics/, ptofe~ionaL ~mancia/, business or administnttive
38 expertise necessary to effectively accomplish the Board's purpose. ~
39 cxpertit, e ret'arena, ed b_v Cotmtv l~onrd~' Ordinnr~e~ ~t qualifientlorts for ~narr~
40 rnember~hi_n are c~t~;dered ~ be .m~mnriJ_v dltectory and not rnnndn~ory~
41 NO person shall serve on more than two County Boards simultaneously.
42 application is made for service on a third Board, the applicant must res
2
Words ~ are added; Words ~ are deleted.
JUN 0 2 Elg8
I simultaneo~ly ~ one olr hi· or Ma' emr~nl Board positions, or the application for the
2 Ihird Board shall be disqualifiod.
3 No member of am/County Baird shall become a candidate for an ele~ive
4 political office and ~:~nue to serve on s~ch Bom'd during hi· candidacy. Should any
5 County Board member ~ became a candidate for an elective political office, such
6 candidacy shall be d__.,~med a I~nder of r~signation firom s~h B~ xl and the Bo,xrd
7 members shall immediately advise the Commission of said r~signation. The
$ Commission shall, as soon an practicable aP. er such resignation, declar~ the position to
9 be vacant and shall promptly fill same pursuant to the provisions of Section Six of this
I 0 Ordinance. The Board member shall not serve at any mectinSs after his or her position
! I is declared vacant by the Commission.
12 No member of any County Board, aa defined herein, shall print or create, or have
13 printed or created, or use or distribute any Imsiness or informational card depicting the
14 County logo or in any way r~presentlng such Board member ss a representative of
15 Collier County or as a County Board member. The County tv~ Admini~atnr or
16 his designee may, upon request and prior approval in writing, authorize County Board
17 members to obtain a County photo I.D. ctrd identifying such member as a County
I 8 advisory Board member.
19 SECTION TIIREE: Amendment to Section Seven of Collier County Ordinance No. 86-41, aa
20 amended by Ordinance No. 92.44
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22 Section Seven, Term of Office, of Collier County Ordinance No. 86-41, aa amended by
23 Collier County Ordinance No. 92-44, shall be amended to rend aa follows:
24 SECTION SEVEN: TERM OF OFFICE.
25 (a) Terms of office for Board members shall be staggered.
26 (b) {I) Terms of office for Board members shall be limited to two
27 consecutive terms of service on any one Board; provided, however, that
28 appointment of a Board member tO an initial term of one year shall not be
29 considered a "~erm of o~ce" for purpose of the limitations set forth in this
30 section and such members shall be entitled to serve two additional terms if so
31 appointed.
32 (b) (2) Appointments to fill · vacancy for the r~mainder or balance ora term
:;3 of office shall be considered · term of office for the puqx~se of the limitations
34 set forth in Section (bXI) above only if the remainder of the term to be
35 served exceeds $0% of the full term.
36 (b) (3) By · unammous vote ofthe Commission, the limitations set forth in
37 subsection (b) (1) above may be waived.
38 (b_~ (4~ The te~m of*, ~ memt~er ~II au~mntleall¥ be ex*,e~led 5e~,_ ond
40 (c) Nothing set forth in subsection (b) ~hove s,S~tll prohibit any JndJvidt.
41 from being re-appointed to · Bored aller a hi,us of two
Words ~ ~r~ ~kled; Words ~ m~ delded.
~ AGENDA JT~:¥~
N0.
JUN 0 2
Ft.
vote of the quo~ of ~
4 ~E~ION FOUR: ~m~ m S~d~ Nine of Colli~ Co~
~ ~ by ~lli~ Coun~ ~i~e No. 92~.
6
7 S~on Nin~ R~i~ of ~ of ~lli~ ~ ~i~ No. 8~1, ~ ~ by
8 Colli~ Co~ty ~i~ No. 92~, ~11 ~ ~md~ ~ ~ ~ follows:
9 SE~ON ~: ~EW OF BO~S.
10 C~m~ing l~u~ 1, 1987, ~h Bo~ ~!1 ~ ~i~ in ~e foilo~ng
l I m~
12 (s) ~ or ~fo~ l~u~ If* of~e y~ in which s Bo~ is
13 i~ ~ai~n shall ~bmii Io ~e ~ty ~
14 ~lin~ fo~ ~e following inf~ion ~in~ ~e Bo~:
15 I .) ~ ~e Bo~ is ~in~ ~e p~ f~ w~ch it w~ create.
16 2.) ~ ~e ~ is ~uslely s~ng c~i ~~ n~s.
17 3.) A li~ of ihe Bo~'s major ~omplis~ts for ~e p~ing twelve
18 momh ~.
19 4.) ~e lh~ is ~y olh~ Bo~ or sg~cy, ~ public ~ pdwte, w~ch
20 is ~in~ or would ~t~ ~e ~e p~ f~ w~ch ~e Bo~ w~ ~t~.
21 5.) ~h~ the o~in~ce ~6ng lhe Bo~ s~uld ~ ~end~ 1o sllow
22 ~e Bo~d to more ~lely s~e the pu~se for which it w~ create.
23 6.) ~h~ ~e ~'s m~hip ~ui~m~ s~uld ~ m~ifi~.
24 7.) ~e cosL ~th di~l ~d indir~ ofm~nl~ning ~e Bo~d.
2~ (b) ~ or ~fore F~bm~ 1~* of ~e y~ in which
26 r~i~ed, lhe County ~ ~ shall d~liv~ ~ ~e Co~iuion
27 ~he r~ submili~ by ~e ~~n of ~h Bo~d, pu~i Io S~lion 9(a)
28 of this ~din~ce, Io~h~ with ~y r~stion or commits
29 ~ Adminis~tor may have. In ord~ to misi
30 ~dminls~ator ~d lhe Co~iuion in ~e ~slustion of
31 Ihe Coumy ~ ~~ ~ Co~i~ion m~y ~i~ ~lic~le
32 minul~ of m~inp of ~ Bo~. All ~ shgl
33 minut~ of ali Bo~ m~p to ~e Con,ion ~ s ~mely m~.
3~ Ch~n ~all m~e ~ ~l ~tion lo the ~mmi~ion. Said
36 p~a6on shall ~ b~ ~ ~e ~ ~bmi~
37 ~dmini~tor puget lo S~ti~ ~a) of ~is ~i~. At ~e ~l~ion of
38 ~id o~1 pr~tion ~y Co~i~ion~ may ~u~ ~ fo~tion of a
39 ~u~milt~ ~n~istin8 of ~ (3) m~ of ~ Co~ui~. S~d
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determine wbether the Board shall continue in its prm.'nt form. TM
nbeo~mitt~ ~hli r~x~rt to ~ ~ini~ ~ lat~ ~ ~n ~n~ (~)
~ a~ ~r ~ifi~ m~n~
~ to a~lish, ~ntinu~ ~lidalc ~ m~ify ~ ~ bt ~e ~uing
f~.
(e) ~ bll~ing Bo~ ~1 ~ ~i~ in ~ ~ u ~ fo~ ~!~
~ ~ll ~ ~ ~ ~
!~] !~ Bo~ of~j~ ~ A~
Peli~ Bay M~U Ad~
Lib~ Ad~
Contractors' Licensing Board
Isles of Capri Fire Contn:l District Advisory Boaxd
Pa~k$ aM Recreation Advisory Board
lmmokalee Beautification Advisory Committee
Citizens' Advisory Task Force
Collier County Code Enforcement Board ~
Collier Cotrnty_ Cm]e F_nfmcm'nmt l~nrd Sou~
Golden Gate Parkway Beautification Advisory Committee
Collier County Planning Commiuion
Golden Gate Estates ~ ~ Advisory Committee
Lely Golf Estates Beautification ~
· .......~*'~. .....................·
Ochopee £ire Control District Advisory Committee
Environmenul AdHsm'y Bo~zd
Dit~tte~ Re. nye,,_ Tadr Force
ptny~hore./Avnlon Renu~ifirntlon MSTU ~:lvimry_ Committee
Public Vehicle Advisory Committee
,V.~.~ !:'_--_~ ~::~.=. P.=:.~:.-~:.=:.: :_"-:~;.'7; C.:::::=.i::~
Environmental Policy Technic~ Advisory Board
Affordable Housing CommMion
Hispsnic Affairs Advisory Board
Black AITain Advisory Board
Historical Archaeological Advisory Board
Forest Lakes Roadway & Drainage MSTU Advisory Committee
(0 All Boa creat~ after the ¢ffectiv~ date of this Ordh'umce shall be
reviewed once every four (4) yea~ thereafter.
SKCHON FIVE: Conflict and Severability.
Words ~ arg added; Worda ~ ar~ dc!ctcd.
AGENDA fi. EM.
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I In rig evmt this Ordinance ~onflict~ with ~y ~ ~i~ of ~lli~ C~ty ~ o~
2 ~lic~le I~, ~ ~ ~ve ~11 ~ly. If ~ p~ ~ ~ of ~is ~i~ is held
3 imalid ~ ~~1 ~ ~ ~ o~~ j~icti~ ~h ~ion shall ~ d~ a
4 ~ di~i~ ~ i~~ ~ ~ ~h ~lding ~1 ~t ~ ~e vnlidily of ~
5 ~ining ~.
6 SE~ON SIX: l~lu~ ~ ~e Or~ ~ ~i~
7 ~e ~isi~ of ~s ~i~ ~1 ~e ~ ~ ~e a pm of ~e ~e of ~ ~
8 ~i~ of ~lli~ ~, ~dL ~ ~i~ of ~ ~i~ may ~ ~~
10 ~~~
I I S[~ON SKVKN: Eff~ve ~
~is ~i~ ~11 ~ eff~ive ~ filing ~ ~e ~t of S~te.
P~S~ ~ D~Y ~~ ~ ~ ~ of~ ~iuion~ of ~lli~ ~ty,
~ ~is ~ of , I~8.
AT'rEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
David C. Weigel ~
Coumy Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
BARBARA B. BERRY, Chairm~m
6
Words ~ ~re added; Words ~ ~re dcl~ed.
EXE~ SUMMARY
Recommendation that the Board of County Commissioners of Collier
County adopt an ordinance repealing, in its entirety, Collier County
Ordinance No. 76-63, ts amended, abolishing the District I Municipal
Services Taxing Unit; providing for inclusion in code of laws and
ordinances; providing for conflict and severablllty; and providing for
tn effective date.
~ That the Board of County Commissioners consider adoption of an ordinance
repealing, in its entimy, Collier County Ordinance No. 76-63, as amended, to abolish the
District 1 Municipal Services Taxing Unit as of September 30, 1998.
CONSIDERATION: This Municipal Services Taxing Unit (MSTI~ has been in existence since
1976. It ~ been one of ~veral ~nilar MSTUs in the ~ area of Collier County.
The municipalities of the City of Naples and Everglades City have always been excluded from
these MSTUs. ,
Since the incorporation of the City of Marco Island, the City of Marco Island has
reque~ed its removal from the District 1 MSTU. The removal of the City of Marco Island is
accomplished by the repeal of Ordinance No. 7663, as amended. The land area of District 1
MSTU other than the City of Marco Island will be included within the boundarics of District 3
MSTU.
It is appropriate for the Board to consider now thc action proposed hereby to assist the
Property Appraiser in his role pertaining to municipal service taxing unit boundaries.
FISCAL IMPACT: The City of Marco Island will have the responsibility for maintenance
previously associated with this MSTU, therefore, no District 1 MSTU millage will be levied
against the properties located within the city limits of the City of Marco Island. The remaining
area of this district is to be incorporated within the boundary of District 3 MSTU (Fund 104).
Therefore, District 1 MSTU (Fund 101) reflects a savings in personnel for the upcoming fiscal
year.
GROWTH MANAGEMENT IMPACT_: None
RECOMMENDATIObh That the Board of County Commissioners adopt an ordinance
repealing, in its entirety, Collier County Ordinance No. 76-63, as amended, to abolish the
District I Municipal Services Taxing Unit as of September 30, 1998.
Approved by:
County Attorney
JUH 0 2 1998
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this day of
ATTEST:
DWIGHT E. BROCK, Ckrk
BY:
form
45 Co~ntx Attorney
47
BOARD OF COLrNTY COMMISSIONERS
COLLH~ COUNTY, FLORIDA
BY:
BARBARA B. BERRY, Cl~tirmaa
AGENDA D'E.J~
JUN 0 2
Recommendation that the Board of County Commissioners of Collier
County adopt an Ordinance amending Collier Connty Ordinance No,
76-72, as amended, mending Section One, adding land and
increasing the boundaries of the District 3 Municipal Services Taxing
Unit; providing for conflict and severabHity;, providing for inclusion
in code of laws end ordinances; and providing for an effective date.
~ That the Bond of County Commiuioner. consider adoption of an ordinance
amending Collier County Ordinan~ No, 76-72, as amended, which adds land and increases the
botmdaries ofthe District 3 Municipal Services Taxing Unit as of October 1, 1998.
CONSIDERATION: The City of Marco Island has requested that the city be removed from the
District 1 Mtmicipal Services Taxing UniL In order to abolish the taxing district for District 1,
those lands of District I which are not included within the city limits ofthe City of Marco Island
need to be included within the District 3 Mtmlcipal Services Taxing Unit. The boundaries ofthe
District 3 Municipal Services Tax/nS Unit have been re-drawn to include said lands.
It is appropriate t'or the Board to consider now the action propo~ hereby to assist the
Property Apprniser in his role pertaining to mtmicipal service taxing unit boundaries.
FISCAL IMPACT: With the remainder area ofDistrict I MSTU being included within the
botmdarics of District :3 MSTU, there is a greater area over which to spread thc millage levy;
there is an additional 81 miles of roadway added to District 3. This prevents the imposition of an
inordinate millage levy increase on the otherwise remainder area of District I MSTU if District 1
were to exist in reduced size. This will also eliminate split funding for projects along U.S. 41.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners adopt an ordinance
amemting Collier County Ordinance No. 76-72, as amended, which adds land and increases the
boundaries of the District 3 Municipal Services Taxing Unit as of October I, 1998.
Approved by:
David C. Weigel" ~ -
County Attorney
AGENDAJTE, M ,,
,JUN 0 2
L
I ORDINANCt NO.
2
3 AN ORDINANC~ ~~O COLLEt'R COUNTY
4 ORDINANC~ NO. 76-T2., A~ AM~N/)E.D;, A,MI~DI~G SECTION
5 ON~ ADDING l. dkN1) A2~rD IN~G 'I'I]Z ~OUNDARZES
6 OF THE DISTZtlCT 3 MUNICIYAL 8T. RVICE$ TAX~G UNIT;
7 I~ROV1DING FOR CONFLICT AND SEVEBABILITY:
g FROVIDING FOR INCTLUSION IN CODE OF LAWS AND
9 ORDINANCT. S; AND I~ROVIDING FOR AN EIqFT, C'I'IV~ DATE.
10
12 which created ~ Dim~ 3 Mm~'ip~ Servic~ Taxi~ Um~ md
13 NOW, ~ORE, BE IT ORDAINED BY THE BOARD OF COUNTY
i 4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~c
i 5 SECTI~ O,~: AMENDMENTS TO SECTION ONE OF ORDINANCE NO. 76.72, AS AMENDED.
16 Sec~o~ One of Ordnmnce 76-72 is bergby tmcnded ~o r~d az
! 7 SECTION ONE: CREATION, PURPOSE. TAXING AUTHORITY.
]8 (a) The Disu-i~ 3 Muni~l Sen. ices Taxing um~ is ~ cr~U~ w~ bound~e~
19 de~ribed az
20 folk.rs:
25 .,,,o .,;. ,-- ......... t.,-- ,=--:. __-~:... .... ~ ..
26 ,= .... ,~___ ,.~ , ,. . , ,._ t~, ,. ,. ·
27 at the inl~-r~:ti{m of the ~4etlv sh~lin¢ of the Gui{' of Mexico with the n<~h line
28 ,~tion 34. 'l'mvmhi~ ~0 South. R~e 25 Ea~ Tallal~ Meridian. Coili~
29 FT0rida: tl~ ea.~lv mk~n the nor~ }Jm of Secti~ 34 {o {1~ s~thwe~ c~er of Secti~
30 26. ~a~l ~hi~ and rantt' the~ nortl~v alo~ the w~t lira of Secti~s 26. 23. 14. I 1
31 and 2 {o th~ ~ otNorth Ro~ th~ em~'vly akin{ the c~tedine of North Ro~d
32 to the interme~ti~ of Airport Road (C-31); the~ norlherly ~hm{ the ~t~l~ of Aitp~
33 Ro~d (C-3~) to the interse~en of the south line of the no~h hal{. o{. Sec6on 35. Township
34 ~9 Somh, l~tnte 25 ~ ~ west~y ak~g afor~id moth line ~o the inte~-cti~
.35 t~ west {ine of ato~sadd ~ 3}; tl~.o~e ~utherly mk~n{ 4~ ~aid ~
36 inm'secti~ of the no~ ~ of~ mouth quarter of Sect~ )4, Township 49 Sooth, Range
37 ~ 25 East; the~ wesm~ sion[ mid north line of the so~ quarto' of Se~km ~4 {o the
Pmge I ot'4
Words u~ined a~ ~4ded; words ~ rote d~le~d.
AGE:N.\
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
intersection of the O<adon ~ Ihence n<x'J~'rly al<mi the conterline oft~e Gordon River
to the intersection of the north line of Section 26, Township 49 ~out~ Range 3,0 2~ East:
thence easterly alonl the nor~ line o{' said Section 26 to t~ larch'section ol~ the _souther!v
~.~tcnsion of the weal ~ ~ of the subdiv~sio~ of Poinciana ¥illage, as
recorded in Flat ~ $, pale 61, and Plat Book 10, pa~ [$, of the Public Records of
Collier County; ~ northerly along said we~ line to the intersection o~' the ~ line of
said Foinciana Villa$~ thence easterly alonl said north line to the inler,aection of Airport
Road {C-31)', tl~nce norlh~ly along the conterline of said Ai~ca't Eoad (C-31) to the
intersection of Pine P. idge Road; I~ence easterly along the cent~rline of said Pine Ridge
Road Extension to the intersection ofthe Florida Pow~ and Lilht n-ansmi~on lines; thence
aoulherly along the cont~rline of Florida Power ~ Light transmission lines to the
interaection of the north line of Section 19. Township 49 South, Range 26 East; thc~.e
easterly alm~ said north line of Section 19 to the northeasl corner of Section 19; thence
southerly alo~s the east line of Section 19 to the intersection of the ~ Canal; thence
easterly along the c~nterline of the Green Canal to the in~t~m of the weal line of
S~ction 15, Township 49 South, Range 26 ES~ thence ~m'therly "Ions said wesl line to the
,ntersection o1' Green Boulevard; thence eaaterly along the ce. nterline of ~ Boulevard to
the inter~ection ot' ~la~ ~ounty Road 951; thence northerly along the centerline ot' r~s~
_County Road 95 i to the inte'~e~on of the Immokalee Road (~;~.846); thcr~ce easterly and
norther'l¥ along the centerline of lmmokalee Road (~<;;~-846) to t~ inle~'section o~' Oil Well
Road {I'H;:-$Sg); thence easterly along the cc~tcrline of (3ii Well Road (~;~-858) to the
inters~.-clion of the r, ortheasl ¢o~' of Unit 67A Golden Gate Estates; thence southerly alo~$
the east iine'~ of Golden Ga~e Estates. Unit~ 67A, 67, 72, 73, 78, '/9, 84, 85.90, 91 and
f, outherl¥ along the e~l line of Unit 9lA to the southeasl comer of Uni! 91A. Golden Gate
Estates and the mte~'s,~ction of Al],letor Alley {S-$4~, thence westerly along the center line
ot' Allilato~ Alley to the inte~ect'ion of ~a# ~ R~d 951: thence ~3othe~ly and
so~hv~atert~ alonl the een~4ine of ,f~sae Count, Road 951 ~- ~ ~..~;r;;~!~ ~
..... -J' ........ mt~section of~
~Ln~T~-,~ Trail i'U.S. 41Y- t~'~nee ~.~4--,,~h, ~ aha Tamiami Trail P J.g. 41} to the
i~t~.~-,.'"~ of C.~..--~'v, !~,~4 951: ~ __-~,,~erly sl,~nn t~ eenlerline of C..mm~ Rand 951
lo Ihe Mh~.o River'. thence aov~l~a~.~Hv al~ I~e ce~rline of the Ma~o River to a uoint
Page 2 o~4
I 3..500 fK d~e ~o~th ot' Coon Kev Light: thence westerly to the southe~,rtmos! flu otr Caw
2 EO~a~- ~ t~w0~terlY alone t~e w~sterly s~oreli~e o1' Cs~ Ron~no nnd Kicc
3 fsi·ed to the V/ater~ of Cazambs~ Pt~: t]~-nce Nortbeas~Iy in the wsters of Csx·mayas
4 i~us to the centerline of the channel of said Ct~am'0as Pass: atonce run easterly alone the
5 ~'n'.erline of the channel of Ctxambt~ Pzss. to · s~o4nt in~'sectint a rnxrked channel
6 l~mnint north~lv towxrds B~field BaY: ~ run northe~lv float the centerline of s~id
7 cl',l~nel to a t)oinl 300 fee~ offshore in Bzrfield Bay from the Mean Hath Tide Line of·be
8 easterly end of lands form~lv Know~ as J~l. Btrficld Subdivision: thence n~n nor~erlv.
9 ~__~'t_ v ~nd soutberlv 300 fee~ offshore in Ba,-t'~eld Bay fx~rn ~ Mean Hith
10 M~O It[s~d tO in~'"~leCfiOtl W~L~I ~1~ ce··crime of Bl~ Hill Creek: thence run southeas~rlv
i I lion· the ce·retiree of Blue Hill Creek to t t~int 300 feet offshore in Blue Hill BaY fz~m
12 the Mean Hath 'l'kle Line of ]vtxr~o Island: thence ~o~finue northe~v, exactlY, and southerly
13 300 feet off~l~x~re in Blue Hill Bay from the M~an Hath Tide Line of Marco lslm~d to
14 g~lterline o1' the tft~nentioned Blue Hill Creek: thence run nortl~asterlv ·loaf
15 ctnl~rline of Blue Hill Creek. but to s uoiflt intersection the line ~:orrtrnon to P,.znte 26 East
16 and I~ee 27 ~ Town,h~ 52 South. Collier County. Florida: thence nm nortberlv
17 01~ line common to said Rante 26 tad 27 but to a uoint mtersectinf the centerline of the
18 clxannel of the Bit Ma~co River. ·,be·ce northerly. ~3~vesterlv. and westerly
19 centerhne of the afoeement~oned Bit Marco Rive~ ~ o~t throutfl Cam'i Pass: thence
20 r~-01westerlv to the mo~ ~ouO~west end of Kcewavdm Island: thence rg~rtherlv ·loaf
21 ~st shorehne of the Gull' of Mexico to the uoint of betinnm~
22 Excluding all land~ Mthm the incorporated city limits of Naplcs.
23 i~A~ludtnf all lands Mthifl the incomorated cit'v limits of the City of Marco Island.
24 (b) The unit hereby created and established is for the purlx~e of ezercisintt those powers
25 authorized by F.S. ch. 125, and o~J~er applicable laws.
26 ~: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
27 The wovisions of ~is Ordinance shall become and be made n ptr~ of the Code of Laws and
28 Ordinances of Collier County, Florida. The sections of the Ordinance may be renutnbe~d or re.lettered
29 to accomplish such, and the word "orditance" may be changed lo *section,* *article," or any othe~
30 appropriate word.
32
Page 3 o1'4
Words ~ we added; words 41n~4s,4k4mu,gk are deleted.
O 2 1998
I ~: CONFLICT AND SffVI~RAI31LITY
2 In d~e es.~nt ll~ts Onlinmme ~fliet~ wt~ ~ny od~er Ordin~-,~e of Collie~ Coun~
3 ~pl~C~ble ¼w. I~ mo~ reslr~i~ sl~ll epply. Ifm~ ~ ~ Ix~tion of d~e Ordimlnce is held in.lid
,6 oe urmmmi~mionsl b7 m~7 ~ of ~t ju~i~licticm, such podion s~ll be deemed ·
5 distinct ~nd i~lependenl IX~4~oa ~d m~h holdinl sl~ll not slTect the vllidit7 of the ~-m.~inini
6 ~ I~:T~'~TI~ DAT~
7 This Ordinm~e stroll become cfrecli~ Oviober I, 1991, m~d d~e Cles4~ is insmmled ~o tile d~is
8 (~fitunce w~h thc Dc~eflmcnt of Sule wM~n I 0 dr~ tf~ its odoPtJofl.
9 PASSED AND DULY ADOPTI~ by O~e ~ of County Commi~o~e~s or Collier County,
10 Florida, this d~yof ,1991.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, ~ COLLIER COUNTY', FLORIDA
11
12
13
14
15 BY:
16
17
I S Approved ss to form and le~l sufl'~i~.
19
County Attorney
24
25
BY:
BARBARA B. BERRY. C~
Page 4 of 4
FIN~LACCEPTANCE OF~I]~TERAND ~EW~~ILITIES~CEPTANCE FOR
PAR~ POINTE, PHASE 2
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the water and sewer facilities.
~CONSIDERATIO~S:
1) The Developer of Partridge Pointe, Phase 2, has constructed
the water and sewer facilities within dedicated easements to serve
this development. See attached location map.
2) Preliminary acceptance was approved by the Community
Development and Environmental Services staff on May 30, 1997 in
accordance with Ordinance 97-17. '
3) Staff has recorded all appropriate legal documentation which
had been reviewed by the County Attorney's office for legal
sufficiency.
4) The water and sewer facilities have been operated and
maintained by the Collier County Water-Sewer District during the
one (1) year warranty period.
5) A final inspection to examine for any defects in materials
and workmanship was conducted by the Community Development and
Environmental Services Division staff and found to be
satisfactory.
6) The Utilities Performance Security (UPS), in the form of <an
Irrevocable Standby Letter of Credit No. 04-97-003, in the amount
of $5,443.23, will be released to the Project Engineer or the
Developer's designated agent upon the Boards approval.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water and sewer facilities will be paid by
monthly user revenues.
JUN 0 1998
Executive Summary
Partridge Pointe, Phase 2
Page Two
~~.~.~~ ~.,-~.~: This project has been connected to the
~.county..Regio~al #ate~..~e&tment Plant and'North/South Regional
'Wa~tew~ter. Treatment Plant. Capacity presently exists ~o se~e
-~~c ~e Co. unity ~velo~ent and Env~o~ental
Se~ices D~v~on~ntst~atoc ~ec~en~ ~hat the Board of
~nty C~ss~oners,
~-Off~c[o the Gove~ng Board of the
~llie~ County ~ate~-Sewer D~stc~ct, accept the wate~ and sewer
~ac~l~t~es Eot of Partridge Po~nte, Phase 2, and release the UPS
the P~o~ect Engineer or the Developer's designated agent.
P~P~D BY:
Shirley Ni~, ~gineering Technician II Dat~
En~ine~g Review Services
REVIEWED ~y:
Thomas ~. Kuck, P.E. -
Engineering Review Services Manager
~be~ ~ulhere, ~IC~
Plan~ng~rv~ces Depart~ Director
VinceWt A. Ca~tero, A~inistrator
COMITY DE~~ENT ~D ENVIRONMENTAL SERVICES
Date '
_f"/,,t
D~t.e
PROJI
LOCATION
· IIIII
II
II
~AP
Iff
I
JUN. 0 2 1998
ISSUER:
IRREVOCABLE STANDBY LETTER OF
cR~r~IT NO. 04-97-003
Am-?,outh Bank of Florida ~"Issua~
4~51 Tamiami Trail North
Naples, Florida 34103
PLACE OF EXPIRY: At Issuer's Counters.
DATE OF EXPIRY: This Cr~fit slmll be valid until April 18, 1~98, and s~aH t~er~af~ be
writing by registemt mail that the Issuer elects not to so renew this ~t.
APPLICANT: Coast Commu~fies Corporation (hereinaf~ "Applicant")
2666 Airport
Naple~, Florida 34112
cnnce otme ~ Attorney, Collier County Courthouse Complex, Nnples,
AMOUNT: $5,443.23 (U.S.) up to ~n ~ ~f.
CRP. Drr AVAILABLE WITH: ~
:
BY: Payment against documents detailed herein nmi Beneflciary's drafts at sight drawn on the
Issuer.
~~RF~_ ~: AVAILABLE BY BENEFICIARY'S DRAFT (S) AT SIGHT
L~WN ON THE ISSUER AND ACCOMP~ BY BENEFIC~Y'S STATEMENT
.--T, ,~,~.__,~_,,,~ ,.~~ nas ~ailed to meet or compl~ the r~tmrements of Site Develonmem
r~n (SDP) $O6-9:~ for the proiect nstn~ Psrtfid~ Point or final in.,,,~on .~.c.,.,..~-.~ .......
i~:..-.,~ "~' I ,JUN .02 '99S [
Thi_, Letter of Credit sets forth in full the terms of the Issuer's undertaking and such
tmdemking shall not in any way be modified, amended, or amplified by reference to any
Is.mcr hereby en~.oes with Beneficiary that dra~s) drawn under and in compliance with
the terms of this credit will be duly hor, ond by Issuer if presented within the validity of this
credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits
(1994 Revision) Iatemational Chamber ofCotnm~ PublicaIion l~Jp. 500.
Am$outh Bank ~/~. r~da
Thon~ E.~i~lay- "'"
Vice President .
JUN 0 2 1998
pgo ,~"'"' _
EXECUTIVE SUMMARY
AWARD OF RFP 98-2780 AND APPROVAL TO SIGN AGREEMENT TO PROVIDE
LEGAL COUNSEL FOR THE NORTH CODE ENFORCEMENT BOARD.
~e...~: To provide the North Code Enforcement Board with independent and
comprehensive legal representation.
CONSIDERATION: It has been established by the County Attorney that the Code
Enforcement Board, to prevent conflict of interest, requires separate legal representation from the
counsel ~erving for the Board of County Commissioners. Accordingly, the Purchasing
Department immt RFP 98-2780 on February 10, 1998 to ~olicit these services for the North
Board. Notice~ were distributed to 26 from. On March 6, proposals were received from two
firms. Staffha~ r~viewed the proposals and recommends award to the fm'n ofRoetzel & Arxtre~
as the primary provider. The contract would initially be in effect for a period of one year wi~h
an option to renew for a maximum of two subsequent years.
Staff is also requesting authorization to use the ~'~ond-ranked proposer (Maria Chiaro, Attorney
at Law), as substitute counsel in cases where the primary provider has a con0ict of interest. This
will expedite selection in instance~ where conflicts of interest arise and thus, allow substitute
counsel adequate preparation time for hearings.
FISCAL IMPA~': Funds have been budgeted in account # 111-138911-631100 for these
services.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board award RFP 98-2780 as recommended herein for
legal services for the North Code Enforcement Board and authorize the chairman to sign an
agreement with the primary firm, pending legal review from the County Attorney, on behalf of
SUBMITTED BY: ~/~
Michelle Edwards Axnold, Interim Director
Code Enforcement Department
REVIEWED BY: ~
APPROVED BY: ~ Date:
A. , Division Administrator
Community Development & Environmental Services
Date:
Date:
JUN 0 2 1998
m
EXECUTIVE SUMMARY
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AGREEING TO JOIN THE LOCAL PARTNERSHIP FOR
HOMEOWNERSHIP.
~ To have the Board of County Commissioners approve a resolution
agreeing to join the local parmer~p for homeownership.
CONSIDERATION; Only through the cooperative efforts of private and public sectors,
including industry, governmer~ non-profit and community groups at the national, state
and local levels, can homeownership be ~sed to record levels. No one organization or
government program can accomplish what a public-private partnership can achieve. As a
result, Collier County Government agrees to join with other private and public sector
organizations in forming a local partnership in Collier County and the City of Naples.
FISCAL IMPACT: None.
GROWTH MANAGEMENT XM'PACT: The Collier County/Naples Partners for
Homeownersh¥ will further the goals of the Housing Element of the Collier County
Growth Management Plan. The Partnership will assist the County in its commitment to
create an adequate supply of decent, safe, sanitary and affordable housing for ail residents
of Collier County.
RECOMMENDATIQN: That the Board of County Commissioners adopt the proposed
resolution agreeing to join the local pannership for homeownership.
REVIEWED BY~~~:I~~__~..~ Date: _S"-- Zo.
I
JUN 0 2 199!
__..~./_ .
WAIVER OF WATER IMI~ACT FET..S, SEWER lbiPACT ~ RO~ ~A~ ~
~Y ~~ ~A~ ~ F~ ~ ~~~ON~ FA~ ~A~
~ E~R~N~ ~DIC~ ~R~ ~~ ~A~ ~ES ~ EDUCA~ON~
FA~ ~M ~A~ ~ FOR A ~G~ F~Y ~OME TO BE B~T BY
~LI~O ~ SO~ ~~ ~ TO ~ S~ W~~ ~OM
~O~~ HOUS~G ~U~ ~, ~ 191.
To have the Board of County Commissioners authorize the payment of impact fees and to
appropriate the funds for tho waiver of Water Impact fees, Sewer System Impact Fees, Road
Impact Fees, l~'brary System Impact fees, Pm/cs and Recreational Faciliiy Impact Fees,
Emergency Medical Services System Impact Fees, and Educational Facility System Impact
Fees, for one house to be built by Feliciano and Sofia Martinez with funds from the Affordable
Housing Trust Fund, Fund 191.
CONSIDERATIONS:
Feliciano and Sofia Martinez have submitted application for waiver of impact fees for a house
to be built in Naples Manor Addition. Applicants meet the requirements under the Impact Fee
Waiver Ordinances as very Iow income, first time home buyers to qualify for Affordable
Housing Impact Fee Waivers.
FISCAL IMPACT:
Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund,
Fund 191-138785. The total amount ofimpact fees requested to be waived is $6,169.52.
Impact fee charges for the house in Golden Gate Estates would be itemized as follows:
l/la
a) Library System Impact Fee $ Ig0.52
b) Road Impact Fee 1,379.00
c) Parks & Recreational Impact Fee
1) Community Parks 399.00
2) Regional Parks 179.00
d) Emergency Services Impact Fee 14.00
e) School Impact Fee 1,778.00
0 Water Impact Fees 900.00
g) Sewer System Impact Fees 1,340.00
$6,169.52
GROWTH MANAGEMENT IMPACT:
The impact fee waiw'rs will bring relief to a very Iow income £amily in compliance wil
1.5.2 of the Housing Element of the Growth Management Plan.
policy
JUN 0 2 1998
Executive Summary
Impact Fee Waiver
Page Two
-- RECO~ATION:
~..,., ..Thst .t~ board of County Connnissioners approve the R~solution and Agreement autboriz~g
.- .'tf~ wmver of impact fees for a ban~ to b~ built in Naples Manor Addition by Feliciano and
- Hours ~ P~ [SHIP] program rcvmue lands.
Commtmity Dev. And Envirorunentsl Svcs.
Dnle
JUN 0 2 E~8
10
I1
12
13
14
IS
17
2O
21
23
'~ 24
· 35
38
RF.3OLUTION NO. 97.,
39
LIBRARY SYSTEM I]V~ACT FEF~ PARF~ ~ RECREAT/ONAL
FACIZJ'F[~ D,~ACT FEES, ROAD l]V[PACr FEF. S, i~O~RGENCY JvI]~CAL
SE~VICT~ Ib~ACT FE~ AND EDUCATIONAL FACTLITTES SYSTEM
IM~PACT FEES FOP, ONE HOUSE TO BE CONSTRUCT'I~ BY FELICIA~O
MARTINEZ AND SOFIA MAR~ ON LOT 4, BLOCK I I, NAPLES MANOR
ADDITION, NAPLES, FLOR~A.
W'I~EREA~, C~lliet Oounty has recopied md at~'mpted to address the lack of adequate ~d affordable
housinf for modem~ Iow, and v~-ry-iow income households in the County and the need for creative and irmovadve
pro~anu m assis~ in the pr~ision of such hominI by includinI s~'~al provisions in ~he Collier County Growth
li~na$,en~ M incMin~: ~ve 1.4, Policy 1.4.1; obje~ye 1.5, policy 1.5.2, policy 1.5..3, policy 1.5.4,
policy 1.5.5, policy 1.5.6;, ¢~jec~iv~ !.6, policy i.6.~; obje~ve 2.1, policy 2.1.1, policy 2.1.2, policy 2.141, policy
2.1.5, and policy 2.1.6 of~e l. tousinf Element; md
W~'[EREA~, Collier County has r~,.dved fm~dinf pm'suant to the State Housing Initiatives Pa~mcrship
~ s~ for~ in Section 420.907 ~,.,~1., Florida Sta~tes and C~al~er 91-37, Florida Adminis~aliv~ Code; and
W~EREAS. in accotd,~-,ce with Colher Coonty Ordinance No. 93.19. the County is au'J~-ized to use
t~ndmg fi'om the State Ho~smg Inmatives Par~ersl~p [SHIP] Program for wawers of Colhcr County impact ices:
WHEREAS, Felic~ano Martinez and S~fla Ma~inez tre seeking a waiver of impact fees: and
WHEREAS, Feliciano Martinez ~ Sofia Martinez will consn'uct one (I) t~ce-~m unit (the
"Dwelling Unit") on ~ 4, Block II, Naples ~ Addition which is Froposed to sell for Sixty-Seven Thousand
One Humt,~cd Dollars (%67, I00.00); and
WHEREAS, Fcliciano Martinez and S~",~ Martinez. submitted to the Office of Housing and Urban
lmi~ovement an Affordable Housing Application recewed on Alii 29. 1998 for a w~wct of Impac~ fees for the
Conslz~-fion of · house on ~ 4, Block 1 I, Naples Manor Addmon, a copy of sa~d apphcatton is on file m the
Housing and Urt~n lmpm~ement De~rtment; and
WHEREAS, in aocordance with .~ction 3.04 of the Reg~oml Water Sys~.m I~ Fee Ordinance,
O~dimnce N~. ~-~6, as amm,.,.,.,.,.,.,.,.~.__4 Sec~ 3.04 of t~ P,t~mal Sewer $~stem tmpact Fee Ordinance, Ordimnce
amende~ Section 4.05 of the Parks and P..~'~ti~ml Facilities ln~act Fee Ordinance, Ordinance No. ~-96, as
mne~-4ed; Section 3.0~ of the Road lmt~c~ Fee Ordinance, Ordinance No. 92-'22. as amended; Section 3.05 of the
!
40 ~ Medical Ser~dces System Impact Fee Ordinance. Ordinance No. 91-71. as amencled: and Sec~on 3.05 of
41 I~e ~ Facilities System lml~ct Fee Ordinance. Ordinance No. 92-33, as amended: an applicant may o~am
42 · wsiver ofimp~ fees by qualif~inI for · watver.
The Dv~llin; U~ ~ ~ ~old to a t~t.~le home ~.
D. ~ ~H~g ~ ~H ~ a~le f~ fi~ (15) ~ ~ ~ ~a ~ ~
N~ ~O~ BE ~ ~~ BY ~ ~ OF CO~ CO~SSIO~
1. ~ ~ of~ ~ ~ ~z~ ~ C~ M~ m i~
U~~~fl~g~U~~tD~°f~a~ f~of
a~ ~ ~t ~ Colli~ ~ of~ follo~ng impact f~s ~ ~ A~ble
T~ F~ F~ 091), ~ ~ follY[ ~ f~ ~ ~ (l) ~ to ~ ~dt ~ Lot 4.
I !, Napl~ M~ A~i~ ~ Felici~ M~n~ and ~a
~ Li~ ~ F~ S 180.52
R~ Zm~ F~ 1 ~79.~
Do
Parks and Recreational Fa~ilitie~
lml~ Fee:
(!) Communiey P~ks
(2) Regional Parks
EMS Impact Fee
Educational Fa~ilitie~ System
Impact Fee
Water lmpa~ Fee
Sewer Impact Fee
TOTAL LMI~ACT FEF. S
399.00
179.00
14.00
1.778.00
F. 900.00
$6,16~LS2
3. Th~ ~ of impect fees by Collier County is subject to the o-ecufion and rzcordati°n °f an
agreement for wtivcr of Collier County Impact Fe~ ~ the property owner and/or
- 2 -
lJUN 0 2
2
BOARD OF COUNTY COMIvt~SSIONERS
COLLIER COUNTY. FLORIDA
I0
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12
13
14
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20
.. 24
26
27
:2~
31
~2
- 3-
JUN 0 ~ 1998
pe.
LEGAL DESCRI~ON
LOT 40i~ BLO(~ 11, NAPLES IvfAI~)R ADDITION, ACCORDINO
TO ~ II. AT BOO~ ~, AS RF. CO~I~ IN PLAT BOOK
3, AT PAGE 6~, OF THE FUB~C RECORDS OF COLLIER COUNTY
FLORIDA.
F.X~I 8IT
PAGE I of 2
(3'0
EXHIBIT "A"
LJUN 0 ~,/998
~.__.::? , ~
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this _ day of 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
az "COI. YNTY" and Feliciano Marfinez and Sofia Marline'z, herehaa/ter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, az amended, the Collier County
Regional Water Sy'ztem Impact Fee ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, az amended, the Collier.County Educational Facilities System Impact Fee
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waiver~ of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by. the Impact
Fee ordinance, a copy of .said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County A~lministrator or-his designee has reviewed the OVfNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
JUN 0 2 ~S8
WHEREAS, the COUNTY ~pproved a w~iver of impact fe~s for OWNER embodied in
Resolution No. 98- at its regular meeting of ,199g: and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant
and agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and
shall be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the 'Dwelling
Unit") and the site plan are attached hereto ss Exhibit "A" and incorporated by
reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in
accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a
period of fifteen (15) years commencing from the date the certificate of occupancy is issued for
the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants
the following:
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fe~ Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing ~idclines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;,
The Dwelling Unit shall be the homestead ofowner,
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
2
JUN091998 I
I
_Pg._ q
c. OWNER is the owner of reeord of the Dwelling Unit and owes impact
fees /n the total amount of $6,169.52 pursuant to thc Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER.,
OWNER covcnants and agre~ to comply with thc affordable housing
impact fcc :vaiver qualification critcria dctailcd in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subjcct to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to houschold~
meeting the criteria ~-t forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessm'y documentation evidencing the 'termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT? This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in tull or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreemer:t shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are
I ,0. /o
10. RECORDING. This Al~ment shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
~ecution of this Agrccrncnt by the Chairman of the Board of County Commissioners.
1 I. DEFAULT. OWNER shall b~ in default of this Agreement (1) where OWNER
fails to comply with the affordable housing s~ndards and qualification criteria established in the
Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non. compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mongagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other fight or remedy available
to the COUNTY. The Board shall b.e entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date a~d year first above written.
4
JUN 0 g 1998J
II
DATED:
ATTEST:
DWIGHT E. BROCK., Cl~rk
OWNER:
OWNER:
Sofia Marfin~z
BOARD OF COUNTY COMMISSIO~
COLLIER COUNTY, FLORU)A
By:
Barbara B. Berry, Chairman
Approv~xt am to form and
legal ~fficicncy
Heidi F. Ashton
Assistant County Attorney
JUN 0 2 {998
I~.~ COUNTY OF ~
The foregoing instnm~cnt was acknowlcdgcd b~for~ mc this .
by. Fcliciano Martinez who is known to mc, ct
/2. day of ~_ ,1998,
L~OT,~ SF.~]
Name of Acknowledger Typed, Pzia~ or Stamped
........
STATE ~t.-
COUNTY' OF
Th~ fo.r~omg imm~nt ~ ~lmowl~g~d b~for~ mc thi, ,/,.~. day of
.by Sofia Martm~: who i~ known to m~,-~'. ~_= ~. ~-:~_:::xxl .. _ .
t~OT~,t.
~ of A¢lmowkdg~ T~I, lYmt~d or Stamped
6
JUN 0 ~ '1998
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4 OF BLOCK 11, NAPLF_.S MANOR ADDITION,
ACCOILDING TO THE PLATBOOK THEREOF, AS
RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUCLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT
PACE I of 2
(To S~Ie)
BLOCK:'.., // ·
LEGAL:
SUBDIVISION'
.../.
a'~]:~ "A" J JUN e ~ t998 J
P.*.GE 2 of 2 ~...~
REQUEST TO APPROVE A PRELIMINARY WORK AUTHORIZATION FOR
FORREST ~LEN GOLF COURSE
To approve a Preliminary Work Authorization for Forrest Glen
Golf C~urse
CONSIDEP~TIONS I
Section 3.2 of the Land Development Code provides for
PreliminazyWork Authorizations for golf courses.
Whereas, the developer of Forrest Glen Golf Course has
applied for a Preliminary Work Authorization for the golf
course in order for the golf course to be playable by the
next sales season.
The Preliminary Work Authorization has been reviewed and
approved by Engineering Review Services and the County
Attorney's Office.
The fiscal impact to the County is none. Ail costs will be
borne by the developer.
There is no growth management impact associated with the
current phase of this project.
RECOMMENDATIqN~
That the Board of County Commissioners approve the
Prelin~nary Work Authorization for Forrest Glen Golf Course.
That the Board authorize the Chairman to execute the attached
Preliminary Work Authorization.
JUN 0 2 1998
£xecutive Sunmmry
Forrest Glen
Page 2
PREPARED BY:
JOHN R. HOULDSWORTH
SENIOR ENGINEER
ROBERT 'J. MUI~-~, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
VINC~,4-~ A. CAUTw. RO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
'1 _ JII II
GOLF COURSE EARLY WORK AGREEMENT FOR
Forest Glen of Naples
THIS AGREEMENT. made and entered into this ..... 22n~! day of Nay ,
19, 98 , by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter referred to as "County") and Forest Glen Golf Community. Limited Partnership,
0m'einafter referred to as the "Developer").
WHEREAS, Developer is the record title owner of Naples Golf Estates PUD, and due to the size
and complexity of the golf course portion of the subject project, demands for certain infrastructure which
is specifically described herein exceed the rate at which the remaining portions of the subject property
would typically be expected to develop and provide infrastructure supporting the golf course portion of
the subject project; and
WHEREAS. Developer is desirous of vegetation removal in the proposed golf course, lake, and
road areas prior to filling for the golf course construction on the lands subject to this Agreement in
advance of plat recordation: and
WHEREAS, the Developer wishes to construct a golf course hereinafter referred to as thc Forest
Glen Golf Course in accordance with the Collier County Land Development Code, Collier County
Ordinance 91-102. The Infrastructure which is the subject of this Agreement is needed to support the
golf course is specifically described in Exhibit "A" and
WHEREAS, this golf course is to be constructed in an area remote from existing or imr~diately
planned infrastructure and the golf course construction requires grow-in and other long lead time items;
WHEREAS. the golf course construction planned does not and will not be amended to include
plans for residential or clubhouse related uses beyond the limited infrastructure subject to this
Agreement: and
NOW THEREFORE. in consideration of the premises, the mutual undertaking of the parties, and
other good and valuable consideration, it is agreed by the parties hereto as follows:
1. The foregoing recitations are true and correct and are incorporated herein by reference.
2. Dcveloper agrees to proceed with the plat for the golf course and the required
infrastructure to suppon the golf course. The plat shall remain uru'ecorded and no bonding shall be
requirecl while the Developer completes the golf course and the related infrastructure described in
Exhibit "A". Developer agrees to execute a construction and maintenance agreement in a format
acceptable to the County at the time of the plat approval by the Board of County Commissioners of the
golf course.
3. Developer agrees to complete the golf course and its required improvements within three
years. Operation of the completed golf course shall not co~e undl the final plat is recorded and the
County grants preliminary acceptance to the required subdivision improvements and all required support
facilities are in place and approved for occupancy and use z,~ a golf course facility.
JUN 0 2 199
4. Developer agrees to dedicate and grant, without cost or reimbursement to the County. all
necessary easements to the County and all other service providers to service the golf course and the
remaining portions of the overall project and other lands, provided said easement grants do not
unreasonably interfere with the use and operation of the golf course.
5. Developer agrees to record the final plat upon completion of construction and final
inspection of infrastructure and lake excavation work and agrees to provide a maintenance bond for the
inftasmsctxu~ required within the golf course pursuant to the provisions of the Collier County Land
Developtrem Code, Collier County Ordinance 91-102. as amended or its successor in function, same
being sometimes referenced herein as "Subdivision Regulations".
6. Developer shall prepare subdivision construction plans and a final plat and shall submit
these plans and plat foLreview and approval in accordance with the Subdivision Regulations. Plans shall
include where applicable water management lakes, conveyance su'ucun'es and out'falls, irrigation
facilities, other permanent or temporary access roads or utilities, utility crossings and the like, and site
clearing.
7. Developer shall obtain all requisite federal, state and local permits and approvals and
shall construct the infrastructure subject to this Agreement including the aforementioned golf course,
lakes and water management facilities, irrigation pump stations, shelters, temporary infrastructm'e and
any maintenszsce facility in accxndance with all applicable federal, state and local regulations, land use
8. Developer agrees and acknowledges that any temporary water, sewer and access
facilities, if required, shall be abandoned in favor or permanent connectionat such time as the permanent
setwices tre available to the site. Verification and approval of any temporary facilities will be made
during the site development plan and/or building permit review process, which ever is applicable.
9. Developer agrees that a Site Development Plan (sometimes referred to herein as "SDP")
shall be sutnnitted for any vertical construction, such as a maintenance facility or proposed stn~ure
serving the golf course in accordance with Ordinance 82-02, as amended by Ordinance 90-24, or their
successors in function, to obtain site plan approval. After the SDP is approved Developer shall be
allowed to apply for building permits which directly relate to the development of structures for the golf
course only. Any proposed clubhouse or like facility shall not be deemed to be pan of this Agreement or
the infrasmscmre addres.w, zt herein.
10. County agn~s and shall permit the Developer to proceed with the planning, permitting
and construction of the golf course imgation pump station, rest shelters, maintenance facility, and
requisite infrastructure subject this Agreement. Issuance of County approvals to commence construction
of the golf course shall be conditioned upon the following:
a) Upon the County Adminstrator, or his designee, finding that the subdivision construction
plans and documents and final plat for the golf course are in compliance with the provisions of the
Growth Management Plan and the Subdivision Regulations and thereafter upon approval of same by the
Board of Commissioners during a regularly scheduled meeting.
b) Developer's submittal to County a copy of the following permits and/or approvals:
South Florida Water Management District. Application No. 971205-22. .~~e-~
JUN 0 2 199
c) Developer posts the necessary lake excavation bonds pursuant Ordinance 88-26. as
amended, or it successor in function.
Upon full and good faith compliance with the provisions of this paragraph, the County shall process
building permits subject to normal review procedures. A certificate of occupancy for those building
permits approved under the terms of this Ag~ement will be issued upon satisfactory completion of
building and site construction in accordance with approved plans. Occupancy and operation of any
irrigation system, maintenance facility, or rest stations shall not be withheld pending the preliminary
acceptance of the Forest Glen golf course infi-,tstructure and recordation of the Forest Glen golf comse
plat, provided all necessary temporary ot permanent support infrastructure is completed and properly
placed in service by the County.
I !. County shall not permit and the Developer shall not seek to place the golf course in
service until the final'plat of the golf course is recorded, preliminary acceptance of the golf course
facilities are available m support the golf course and its related ~ and ~-'tivitie~.
12.
All notices required or permitted to be given heretmc~ shall be in writing as follows:
If to County
copies to
If to Developer
County Administrator
~ Complex
Naples, FL 34112
Development Services Director
and P~o~ct Plan Review Manager
Forest Glen Golf Community, Limited Parmership
3185 S. Horseshoe Drive
Naples, FL 34104
13. This agreement shall be binding upon the parties, their succe.v, ors and assigns, and shall
mn with and bind the lands described and encomFassed herein.
14. Developer agree~ to indemnify and hold County harmless against any and all liability,
los~ damage or expense from claims or causes of action, including attorney's fees and court costs,
resulting from a challenge by any person or entity objecting to the legality or validity of this Agreement.
15. Unless terminated by the written mutual consent of the panics hereto, this Agreement
shall terminate upon t'mal acceptance of the infrastmaure and subdivision improverrznts addressed
herein upon the f'mal acceptance of same by the County in accordance with the Subdivision Regulations.
JUN 0 2 1998
WITNESS WHEREOF the patties have executed this ^gteenent the date first above written.
BOARD OF COUNTY COMMISSIONERS
COL!-n=R COUNTY. FLORIDA
By:.
Atu~t:
Forest Glen Golf Communi~,
L~ted ~ ~'
STATE OF FLORIDA
Approved a~ to form & legal sut~
Assistant Co~ty Auome~ '-'--
-- .~,.~ led Pm'menh~p, a Deleware Limited ~'-,-'--,--~-:- w--: .......
My Commission F,,xpLres:
JUN 0 g Igg8
RWA
Civil Engineers, Environmental and Development Consultants
FOREST GLEN OF NAPLES
LAKE INTERCONNECTS
8umma~ of Pre~ ~ of Cost
Item Description
Estimate
~TOR~ DRAII~GE
Total:
$283,788.70
Y283,~70
RIVA
Civil £ngineer~, Environmental and Development Consult~
STORM DRAINAGE
24' RCP
36' RCP
42' RCP
48' RCP
60' RCP
24' Mitered End Section
36' M~red End SeaX~
42' Mitered End Section
48' Mitem¢l End Section
24'Concrete HeaOwall Precast
36'Concrete Headwall Precast
60' Concm~ HeadwaJl Precast
FDOT Type 'C' Catch Basin
Comml Stmcture
STORM DRAINAGE SUBTOTAL
FOREST GLEN OF NAPLES
LAKE INTERCONNECTS
lh~~ Opiaton of Cost
~., liAY I 4 19~
1943 LF
838 LF
217 LF
1036 LF
417 LF
14 EA
4 EA
2 EA
6 EA
1 EA
1 EA
2 EA
13 EA
2 EA
S30,30 $58,87Z90
$49.90 $41,816.20
$83.60 $13,601.20
$72.60 $75213.60
$104.40 $4,3,534.80
$700.00 $1,400.00
SaO0.O0 $4,500.00
S1,080.00 S1,060.00
S1,200.00 S15,600.00
JUN 0 2 1998
__...~. ~' ~_._
A"p<~¢~ of .~m:Uon 2, Tmm~hJp 50 Soul~, Range 28 East, Coll~- County, FiorMa, being more
.~ence at the Northecmt corner of ~id SectJon 2, t~ence South 00'20';]9' Wee'c, dong ~e
E¢~t Line of eald Section 2, a distance of 200.00 feet to the Southerly Right-of-Way Line of State
Road 84 md the Point of Beginning, thence, continue Sout~ 00'20'39' West, along said East.
Une,. a a'~ance of 2670.16 to the SouLhea~t co. er of ~e NoetJ~e~t One-Quarter of mid
24 I~ence, South 00'21'~' We(c, dang the E(z~t Une of' eakl Sectk)n 2, a cl~tance of 2849.53 fee~
_t~_.?~e .S~u. th? _~.e- of m~ SecUon 24 thence, Sc~ 88'18'14' We~t, along b~e South Une of
? c)ecT, ion. z, o a~_ a~_ce of S2.,x4.58 feet to the £c~terly R~..(~t-of-Way Line of Sta~e Road g51;
..m. ence' North.(X]'SO'47' E:c=L, along ,a~d Eut R~ght-of-Wa7 Une, (3 cl],tance of 3764.03 feet to
re. el)SOUtherly moi. t (:a'ner; of ParcM 112 a~ dem:T~ed and. recorded in Official Recon~ Bode 1120
· 3(3u a~ u~ ;.3 ~ a al~tance, of 572.21 fee~: thence, Nc, th 59'25'04~ Ea~ 0' a'M+~ce of
31.38' feet~ thence, Scxrth 89'09'13' ~ a dl~tance of 1..~S.3g feet: thence; North 00'01'14"
.,,z,=.~....~.d~__.c*..'~.~_7~.reet to U~, SouU~,~y R~t-o.~-~/L~, of ~,m,ntk~,d St=t, Road
..a~:.m_m~ce,_._~rm_ .7~ff21 ~ dine mSd South~y L~e, a d~tance of 135.41 feet= thence,
,. =_..~? =y ~.a~...?~_ g.?~. Southmy Une, a a~,tance af 2..'~a4 ~,et~ mince, Narm
~.,._a~.~g~_m~d,._~~. Un,. a...._d~?.c,, o.f ~7.9e ~ ~,~rt: thmce'_...S?.uU2. ~'44'49' E:=~.
~merr),' une, a amc~tce oz ~_~m .fee~.. th...er~:~.,...~ O0'O.T2* E~ dang m]M Sauthedy
-: ¢~tanee of E~5..01 ~eet~ thence, ~ 00133'24,° We, t, along ~a~d Southmfy Une, a dl~tance of
~00.00 reet~ tinned, ,~xrth 89'44°4g" £cmt, dang maid Southerly Une' a 'dl~ance of ~g28,Sg
to ~he Point of Beginning..
Sold land~ Mtuote' I:ylng and being in Collier County, Florida.
JUN 0 2 1998
Florida Division of
Corpomtlom
Public Access
Oco~ ;T,.ad~ Nn, m
OTradem~ O~s~er Name
ODo~mem Numt~
Tradem~ Name
Search String:
Corpo~te lnqni~ Menn:
Please select an inquiry type from the list below, then enter a search key in the search reid. Press SE
i 5/21/98 CORPORATE DETAIT. RECORD SCREEN
{NUN: P97800048233 ST:FL ACTIVE/FL PROFIT FLU: 06/02/1997
FEll: §9-3464745
NAME : RONTO GOLF ESTATES, INC.
PRINCIPAL: 3185 HORSESHOE DRIVE S
ADDRESS FIRST FLOOR
NAPLES, FL 34104 US
MAILING : 3185 HORSESHOE DR S
ADDRESS FIRST FLOOR
NAPLES, FL 34104 US
RA NAME : SOLOMON, A. JACK
RA ADDR : 3185 HORSHOE DRIVE SOUTH FIRST FLCOR
NAPLES, FL 3414 US
ANN REP :
CHANGED:
CHANGED:
ADDR CHG:
(1998) B 0!
..... THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR C(
D~um~nt Tm~g~
JUN 0 ~ 1998
Florida D~ of
Corpo~tio~
Public Access
OTm~mm~ ~ ~
0~
0~~
0~~
Corporate lnqulr~ Menu:
Ple~e select ~n inquiry type from the list below, then enter a search key itt the ~ field. Press
~/22/98 OFFICER/DIRECTOR DETAIL SCREEN
CORP NUHBER: P97000048233 CORP NAHE: RONTO GOLF ESTATES~ INC.
TITLE: DP NAME: SOLOMON, A J
TITLE: VP NAME:
TITLE: ST NAME:
TITLE: VP NAME:
3185 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
TAYLOR, HARK S
3185 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
WELKS, KAREN E
3185 HORSHOE DRIVE SOUTH
NAPLES, FL 34104
LESPERANCE, ANGELA
3185 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
..... THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR C(
I~tm~nt
~IT. RSTA T~
~ S~'UtI~ROCx COtlkrm¥ CZ. U8
26
FORES'
3185 HC
NAF
INI'~R ST,I, T[ 7
EXECUTIVE SUMblARY
RECOMMENDATION TO AWARD BID NO. 982806 - FOR THE
PURCHASE OF ONE DUMP TRUCK FOR THE WATER
DEPARTMENT
OBJECTIV~ That the Board of County Commis~oners, Ex-Officio the
(3overnlng Board of the Collier County Wa~'-Scwer District, aw-azd Bid No. 98-2806
for the purchase one dump truck to Wallace lntrm~onal Trucks Inc. in the nznount of
~,750.
CONSIDERATIONS:
1. TI~ Wa~ Depamnent Dism~m Section utilizes a dump truck to perform its daily
duties. The current dump truck wns purc~ in 1988 and the Fleet Management
2. Bid No. 98-2806 was posted.on April 6, 1998. Forty-three inquiries ~,ere sent to
vendors and three vendors resporuteL
Staff has reviewed the bids received. Award is recommended to the lowest bidder
Wallace International Truck, Inc.
FISCAL ibiPACr: The replacement of the dump truck was budget~ i'm this fiscal
year's budget. Funds are available in Co~ Center 408-253212 in the amount of
$48,750.
GROWTH MANAGMENT IMPACt: None.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier Cotm~ Water-Sewer District, ~ Bid No. 98-2806 to
Wallace International Tracks Inc. in the amount of $48,750.
JUN 0 2 I~98
EXECUTIVE SUMMARY
APPROVE A RECOMMENDATION TO AWARD BID NO. 98-2800 FOR THE
BURIAL OF AGRICULTURAL MULCH TO ADWOOD, INC. AND APPROVE
THE ASSOCIATED BUDGET AMENDMENT.
.~: To meet the Florida Department of Environmental Protection
requirement to bury the agricultural plastic stockpiled at the lmmokalee Landfill.
CONSIDERATION: ARer numerous attempts to recycle the agricultural plastic
stockpiled at the Immokalee Landfill were not suni, bid #98-2800 was issued to
bury the naterial. Six bid responses were received on April 29, 1998. (Bid tabulation
attached) Staff~enda that the low bidder, Adwood, Inc. with a bid ot'$275,000 be
awarded the bid.
FISCAL IMPACrF: A budget amendment is needed to transfer funds from Reserves for
Contingencies to Solid Waste - lmmokalee Landfill as follows:
From:
Fund:
Cost center:
Object Code:
Amount:
470 - Solid Waste Disposal
919010 - Reserves
991000 - Reserves for Contingencies
:$277,016
To:
Fund:
Cost Center:
Object Code:
Project No.:
470 - Solid Waste Disposal
173432 - [mmokalee Landfill
631551 - Construction Mgmt.-OCPM - Amount: $ 2,016
634999 - Other Contractual Services - Amount: $275,000
59017 - Immokalee Landfill Agricultural Plastic Removal
Project
Total amount of budget amendment: $'277,016.00
GROWTH MANAGEMENT IMPACt': N/A
RECOMMENDATION: 'f'hat the Board of County Commissioners award bid #98-2800
for the burial ofagricultural mulch tO Adwood, Inc. and approve ~he associated budget
amendment.
JUN 0 2 1998
n...L_=_=_ i
SUBMITTED BY:
APPROYED BY~~...__
Y-xl ~, PUI~ Wo~ ~
Date: .,('-'",,.~' "',,,~
EXECUTIVE SUMMARY
RECOMMENDATION TO ACCEPT THE BID FOR SURPLUS OF ONE MAGNA ONE
SYNCHRONOUS AC GENERATOR
OBJEC~VE: That the Board of County Commissioners, Ex-Officio the governing board
of the Collier County Water-Sewer District approve the sale of one magna one synchronous ac
generator ns a surplus item.
CONSIDERATIONS:
I. The generator was acquired with other assets from the acquisition of ',he North Naples
Utilities Water Treatment Plant. The generator was stored at the Water Distribution Complex
~ the North Naples Utilities Water Treatment Plant site was sold.
2. The Water Department cannot utilize this type of generator in its operation. The generator
has not been operated since its relocation four years ago.
The bid was posted in Building W at the Collier County Government Complex on March 30,
1998. Bid inquiries were sent to forty-two vendors with five responses. Bid opening was
held on April 30, 1998.
4. Sf~f'fh~s t~/aluated the bid proposals and found CJs Sales and Services to be the high bidder.
FISCAL IMPACT: The fiscal impact from the award of this surplus sale would be in the
amount of $5,578. Revenue will be coded to the Water Distribution cost center 408 253212 as
surplus sales proceeds. The additional revenue does not need to be specifically budgeted. The
funds will simply be added to fund balance/reserves.
GROWTH MANAGEMENT: None
RECOMMENDATION: The Water Department recommends that the Board of County
Commissioners, Ex-Officio the governing Board of the County Water-Sewer District of Collier
County, Florida, authorize the award of surpius sale bid S98-.2505 in the amount of $5,578.
Prepared
by:
../.
~..i~a~4s.~ibby.~u'riT~t'~.~ rv~ so r ~ ..,
R~viewed
Approved
Ed lischner, Public Works Administrator .~ ,
JUN 0 2 t998
Pg. / _.
&
EXECUTIVE S~RY
ACCErI'ANCE OF VARIOUS DRAINAGE EASEMENTS TO FRO'vIDE FOR FLOODING RELIEF
TO PROPERTY OWNERS ABUTTING SPERLING POND.
~i~: Acoeptance of(I) Tempor~y Ccnm~ ~ and (2) Drain,q~ ~ from Mr. &
Mrs. ~r'dliam L. Morris and (1) ~ a~! Maintmanc~ Easmm~ f~-c~ Richard H. D~Voe to provide for
CONSIDERATION: A Dr'aina~ ~d Main~ Easement is required from Richard H. DoVoe, Trust~ of
the Ridm'd H. DeVoe Trust, which will enable Collier County ~ install a storm drain that will provld~
on ~e DeVoe pncqm'ty, which then viii outflow into the Goodleo. e-Frank Road Canal. The Tempocaty
Construction Ea~m~=t is r~quir~d to ~llow for use of the propo'ty during the inst~latioo ortho storm drain.
Mr. & Mrs. W'dliam L. Morris have ~ ~ for the ~ areas on th=ir property in ~
amount of Sevin Thousand Fwe Handmt ($'/JO0.O0) Dollars. Staff has rc-view~ several site altmmiv~ to ~
en, m'ab~ f~m'ble and viable site location that will best facilita~ the watrr outflow from Spedi~ Pood to thc
donation. The Morris property is the clo~=st site to the l~Voe propmy, of the siu=s that abut Six:di~ Pond, and
thru offers the optinmm rot~ for draina~. In addition, the Morris property nr~l the DeVoe property a~ both
FISCAL IMPACT: Total acquisition and wcordin8 costs shall not cxccok S9,000.00
Funds in the amount of S9,000.00 ar= available in:
Fund: 325
Cost Cent~ 172987
Sp~ing Court Storm Drain
QROWTH MANAGEMENT IMPACT: Nonc
JUN 0 2 1998
-
RECOMMENDATION: ~ II~ Bosrd ofCom~ ~:
(1)
(~)
and Temtxxary Cottstmclion Easement 8~'ant~ by Mr. & Mrs. William L. Morris.
REVIEWED M'~,ah IC Mass~ PE, Project Manager II, Office of Capital ProJect
APFROVED B~~W~'rks Dhrts~on DATE:
I
JUN 0 2 19518
PROJECT: Sperling Court
PARCEL: 701,801 ertd SOlA
FOUO:.
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herolr~ft~ rofon~d to as tho "Agreement") le
mode end ertl4~ld by ~ botwoe~ WILLIAM L MORRIS 8rx:l PATRICIA I. MORRIS.
hust)l~ ~ wife. (hereinafter reforrld I· as t~ "·MMV. and COLLIER COUNTY, ·
ix)atical subdivts~ of the State of Ficxtda, its ~uccesso~ and assigns
WHEREAS. lbo Purchase' requires afl Easement ova', under, up·ri and across
Itw larxt8 described in Exhibit 'A', which is attached hereto and made · part of
Agroeme~ (twroin~er referred to os It~ 'P~ for installing and rnotntairdng
dllirmge and utility foctliti~; and
WHEREAS. like Owrm' desires to corwey Ih· Easement to Ihs Purchaser for It~
stated purpom, o~q tho terms end conditions set forth herein; and
WHEREAS. Ih· Purchaser has agreed to o:xttper~ate the Owner for the granting
NOW THEREFORE, in consldoratio~ of IAooe promises, ~ sum of Ton Dollars
(S10.00). and otter good m'Md valuable co~sideratJofl, tho receipt end sufficiency of
which ere hereby mutually acf~owledg~, it is agreed by and between the parties
fo41owJ:
1. Owrm' shah grant Purchos~ afl Easement ova'. under. ~,;,ca'% end os'·ss the
Property ~ e~ for the sum of SEVEN THOUSAND FfVE HUNDRED (ST.SO0.00)
resulting to b',4 remainder, if less IbM the entire pe~e~ was tak~. and for off otha~
2. purchaser shaft pay Ownm' for Itw Easement by Couflty Werrm'tt.
3. Bom OM~ and Purchaser agree tim ck~ng shah occur within sixty (SO) days
7. Ownec rljxlsentl b~8! the Properly led oll uses of the Propedy hive been
end pmsefYJY ere In comglim'~.e with ell Feder81, State find Loch1 eflvlronmentol lows:
Ihat no hazardous substances ha~e been generated, st(xed, treated (x transfe~ed on
the Prope~ except es speciFK:ally diSdOSed tO the County;, that the Owner has no
knowledge of any spill oe ~al taw violation on any I~Oporty co~iguous to ~
in t~o vicinity of the Property to be sold to the Court, that the seller has not recehted
notice N ether'wise has no knowledge of e) any spill on the Properly, b) enY existing
(~ I~reatened envjroeuTmnt81 lien egainst the Propeety oe c) any la,6.suit, pmceed'n'q oe
investigation regarding the gecm~ation, sto~ege, treatment, spill (x transfe~ of hazordou~
Substances on the Properly. TI~II I:)n3~lion shall ss. fl'dye dosing and is not deemed
8. Owrm' hereby egme$ that it shall Indemnify, defend, save end hold harmless
the County against and from, and to reimburse the County with respect to, any and aa
damoges, claims, rmbtlitiee, I.wJ, costs and expenses (induceng without limitation
beflkrt~cy or odministrotive IXOcae~ngs oc on appear), penalties ~ fines incurred by
~, ossetled against the County by reason o~ m'ising out of the I:~oech of owners
t'~xe~ und~ Section 7. This pm~sJon shall su~'~,o dosing and is not deemed
O. Tho Purchase~ shall ~ fo~ all costs of recording the easements. All (Xhe'
costs esseciated w~h this transection including t~t no( limited lo transfer, docut~ntar7
and intangible taxes, and race,ding costs f~ any curative Instn. A'~ents shall be borne
10. Il tho Own~ holds tho Pr~edy in tho form of · palnership, limited
portne~ip, coqx~aticfl, tn Jo! o~ any fon'n of rel~eSentetive capacity wha~soeve~ fo~
~, Own~ shell make s written public disclosure, oc~;o,-ding to Chapt~ 286, Fk:~do
Statutes. ~ ~oth, of the name and oddmss of ~ ~ having a beneficial
interest in the Prol:~ly t~om the Properly held in such capocity is con~lf~ to
J~rcha~, its successo~ and assigns (If the coq:~ation is registered with the Federal
Se<~ties £xchonge Comd"AiSSion O~ registered pursuant to Chopter 517, Florida
Statutes. ~ sto~ is t'o~ solo lo the general 1:~31i¢. it is hereby exempt from the
pm~siens of Chapte~ 288, Florida Statutes.)
11. This ~'oement is geyemed end constnJed in occordonca with the 18we of the
State of Florida.
IN WTI'NESS WHEREOF. the par'dos h~eto have executed this Easement
Agroement on this deYof ~ 19 ,,,.
Dated pmje~A¢~isition Approved by
BCC:
AS TO PURCHASER:
DATED:._
ATTEST:
DWIGHT £. BROCK. Cle~
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, Chairman
~G~nO* i_T~q
JUN O 2
ASTO OWNE~
F1RST ~~x~ D~v~,
H~ F:. A.:h~
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL N~S, ~ORIDA 34112
(941) 774-8192
OESCRI~N ~NOT A SU~3
JUN 0 2
EXHIBIT "A" PAGE
OFFICE OF CAPITAL PROJECTS
3301 EAST TAIMIAMI TRAIL NAPLES. FLOR,DA 34112 i
(941) 774-8192
i
SKETCH OF' DESCRIPTION
STORM DRAIN PROJECT ~31302 !
i I
/:, z ,.¢ 'l , i.
':i ~. ~ MORRIS * ~ i I
~, ~ ~T FBVF~5 I I ; J .
~ I ,
i i
LAKE I I I
I
.
I
I) P.O.~ ~m P~I ~ ~~t
~) ~ ~ ~ i
~) R~ ~m ~t~ I
.. , PARCEL 701 ,
i
THIS IS ONLY A SKETCH
i
,r~ o2-2o.~a ~rRTOl.O~ 5HE~ I OI
JU~
OFFICE OF CAPITAL PROJECTS
3301 FAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
PROJECT PARCEL NO._
DE, ORISON (NOT A
PAR~ ~t
JUg 0 2
EXHIBIT "A" PAGE_/+ OF,_~._~
Of'F/CF, OF CAPI~'AL PROJ£C2'$
3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(945) 774-8,192
SKETCH OF' DESCRIPTION
· I '140'
~[__ SPERUNG COURT
J
Ill r. xs~mT ~j ~ i
~'- PARCEL 801MORRIS ,' .
~ PROPERTY ~ i
· !
2) P.O.B. Ir, dloatH Po/n% et' Bi, g~nlng
4) T.~. k<laelm Tem~hlp
e) ~ ~.~x~.~ i
I '
THIS IS ONLY A SKETCH _ j
,. ,~Ji~ , !
i
OFFICE OF CAPITAL PROJECTS
5501 FAST TAIdlAM, TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
P~O,~CT
DESCRIPTION (NOT A SURVE~
Ti~ SOUTHI~((10')rr-s~OlrTl~l~RTM IS~r.s~ O~'A p01gTK~OFLOT69C~'TI~
BEOINMINO A'r A IIGDIT ON TI~ 142KTH UNE Oil SAID TR.ACI' &9.DI~'TAh'T 21 SS
SP.C:X3~ ~ I I0 ?! PELrT SOqJ'/14 ALOfdG TH~ wF'~ R~ ~ wAY ~ ~
IIIDEC~ 211d~KITES 3Q S~.,COKDSJUJN NOIG"tI~K~Y 12JO6 FP-ZT TO T1~2
PAJU~I, I01A
juH 2
OFFICE OF CAPITAL PRO~ECT$
3501 EAST TAMIAMI TRNL NAPLES, FLORIDA 54112
(941) 774-8192
SK~CH OF DESCRIPTION /
' SPERUNO COURT
I I
' ~F" :: ...... { .... ~ ..... +'q~ .., i
i 10' DR~A~ ,
~ ! MORRIS
~1 PROPER~ I ~ I
I
LAKg ~ I I
1) P.O.~ ~at~ P~t ot ~m~c~t
2) P.O~. ~t~ P~t of
6) R~ ~l~ R~t-of-woy
') "0' ~ ~"" '~" '" '~" "~ '~ PARCEL 801A
!
{ ~lS IS ONLY A S~CH
- JU~ 0 2
TI-RS DONATION AGItJ:~"A4~=NT (he. tufter rd'eft'ed to ts the 'ASrecme~*) is made end
entered bY"aM between ~ H. ~ Tmste~ of'tl~ P. ichtrd !-[. Devo~ Trust, dated l~ay 4, 198!
(bmbsAer slnsulady oc cc~cdv~ r~a'~d m ~s t~ 'Owner"). and COt. L~..J~. COUNTY, · pol~t~l
~, the Owner deslz~s to coflvt, y the F. ssenm~ to t~e County f'or t~e st~te~ purpose~ on
the ternu snd ~ m ~:~h ~ a~l
NOW 'I"KEREFOR~ tn cofl~Je'xtlon of'thes~ prt~ the sum oFTen Dollars ($10.00). and
other ~ood and v~sabJe ~ t~e rec~Sx tfld suffl~er~ of which a~ he. by mums~
scknowledied, ~t is aSreed ~ tfld between t~e
I. Owner shall S.-aflt Coont~ iA ~ over, u~der, upon. arid across t~ Pro~ in ~ge
~ ~ ~
r~ ~ in ~ds~ ~h appfi~Me ~iflg ordi~. ~flty r~
d~
for ~
D. ~ ~ ~ f~ ~ of~ ~.
~ ~ ~ ~ ~ ~ ~ (~) ~ oft~ ~t~ oft~ A~ ~ C~n~.
JUN 0 2
Exc~ Comrubmioa ~ ~ punm. mflt to C'}mp~er 517. FJorkh StL, utes. whose ~ ~ ~ ~e
8. ~, ~ h ~ ~ ~ h ~ ~h ~ hm or~ State oF~o~da.
I:N WTrN'E3$ W'~F. the I~ be'cio hiv~ cxecuted this Etsemcflt ASremT~nt on this
AS TO COUNTY:
DA~
ATTEST:
DWI~ F.. BROC~ Oe~Jc
BOARD 0~' COUNTY
COL~:~I~ COUNTY,
BAP, BARA B. BERJ~Y, Chairman
AS TO OWN]~
DATED:.
R~-.Imrd H. ~ Tru~ee
led)
(P~im Name of Notary)
Commlutoe dm
My Commission Expiru:
I
L.....- 134,.85'
LOT It, NAI~ I~ CO.
t
SKETCH OF' DESCRIPTION
1~IS IS NOT A ~URV[YI
WILKI$ON &
TES
INC. II
v~¥ORS
,14104
1
JUN 0 2 1998
EXECUTIVE SUMMARY
APPROVE CONSTRUCTION CHANGE ORDER WITH
INC. FOR VANDERBILT DRIVE PATHWAY
(VANDERBILT BEACH ROAD TO 111TM AVENUE).
BETTER ROADS,
IMPROVEMENTS
FISCAL IMPACT:
project cost account.
Maximum Cost:
Fund:
Cost Center:
Project:
~[~C.~I_!~: Board approval of a Change Order with Better Roads, Inc. to
effectuate · close out of the construction contract for Vanderbilt Drive Pathway
Improvements.
CONSIDERATIONS: On June 24, 1997 [Agenda Item No. 16(B)12], the Board
endorsed · purchase order contract with Better Roads, Inc. in the maximum
amount of $:215,683 for Vanderbilt Drive Pathway Improvements. Additional
negotiations with the contractor resulted in · cost savings of $19,964 (9.26%),
and subsequently on July :22, 1997 [Agenda Item No. 16(B)$], the Board
authorized staff to process a purchase order contract in the amended/actual
amount of $195,719.
The scope of the concrete pathway work includes earthwork, drainage facilities,
and minor utility adjustments. Work by Better Roads, Inc. is complete. Final
measurement of contract quantities results in an overage of pathway, curbing, and
drainage inlet work items in the approximate total amount of $7,900.
A synopsis of cost changes on this project is provided below.
(a) Original contract amount '" $195,719.00
(b) Staff authorized Change Order No. I - (+)$19,568.70
(c) Recommended Change Order No. 2" (+)$7,900.00
Final Maximum Contract Amount ' S223.157.70
This action will effectuate a close on'. of the purchase order contract with Better
Roads, Inc.
Funds in the amount of $7,900.00 are available in the
$7,9OO
313 - Road Construction Gas Tax
163673 - Road Impact Construction
69081 - Vanderbilt Drive Pathway Improvements
JUN 0 2 1998
Exeoutlve Summary
Yanderbilt Drive Pathway
Page 2
GROWTH MANAGEMENT IMPACT: Not applicable.
'-~an$e Order. No.2 with Better Roads, Xnc. for Vanderbilt Drive Pathway
In~Provements tn an amount not to exceed $7,900, and authorize staff to process
· .and' Order
PREPARED BY DATE:
Office of Capttal Proj agement
REVIEWED BY: DATE:
Richard Hellriegel, P.E., Interim Director
Office of Capital Projects Management
kEVIEWED BY~ DATE:
Ed llschner, Administrator
Public Works Division
[XSUM.VAD.Ik. OI
JUN O 2 I ,98
EXECUTIVE SUMMARY
APPROVE ADDITIONAL PROFESSIONAL SERVICES BY JOHNSON
ENGINEERING, INC. FOR ANALYSIS OF UTILITY IMPACTS WITHIN
THE GOODLETTE-FRANK ROAD FOUR LANING CORRIDOR (PINE
RIDGE ROAD TO VANDERBILT BEACH ROAD), CIE PROJECT NO. 065.
~J=F,~T.~.~.: Approval to prepare and process a Supplemental Agreement with
Johnson Engineering, Inc. for performance of a Comparative Engineering Analysis of
existing water and sewer facilities along Goodlctte-Frank Road. This approval is
required from the Board of County Commissioners as the governing body of Collier
County and Ex-Officio as the governing body of the Collier County Water-Sewer
District.
CONSIDERATIONS: In accord with the October 21, 1997 Professional Services
Agreement [Agenda Item No. 16(B)9], Johnson Engineering, Inc. is providing roadway
designs to upgrade Goodlette-Frank Road to a four lane divided highway. A
study/report phase for the roadway project needs to be expanded to include an analysis
of short term and long term impacts to existing County owned water and sewer
facilities. The existing utility system needing evaluation is comprised of a 20 inch
water main, a 16 inch force main, a 24 inch force main, and a 20 inch effluent main.
To accomplish this utility objective, a Comparative Engineering Analysis is proposed.
SCOPE AND COST OVERVIEW;
(1) Field land surveying to "as-built" S6,961. i $
existing utility system ................... (maximum cost)
(2) Field locate all utilities utilizing
vacuum excavation technology.
(a) Mobilization by contractor ............
S7,362.79
(maximum cost)
(b) Vacuum bore holes along 2.4 mile
road corridor, including cost for
maintenance of traffic, site
restoration, liability insurance, and $64,257.03
data rcport ....................... (maximum cost)
$1,335.69
(C) Develop record utility drawings ........ (maximum cost)
(3) Comparative Engineering Analysis,
including alignment alternatives,
construction cost analysis, right-of-way $20,0~e.32
cost analysis, and repor~ recommendations ..... (maximum cost)
MAXIMUM TOTAL COST,
COMPARATIVE ENGINEERING ANALYSIS
SlO0.Oe.O,O0
JUN 0 2 1S 8
Executive Summary
Goodlette-Frank Road
Page 2
The foregoing maximum cost for additional services includes a contingency to
account for uncertainties in site conditions to be encountered. A cost range of
$74,700 - $100,000 will be established in the Supplemental .Agreement with
Johnson Engineering, Inc., with appropriate contract provismns to control
expenditures in terms of lump sum and unit price service tasks. It is also noted
r,~r utility facilities will serve as the
+~.., t e Comnarative Engineering Analy~s fi~al design and permitting, the costs
basis for selecting recommended options tor
of which shall be negotiated separately in the future and presented to the Board
for approval of a follow up Supplemental Agreement.
FISCAl, IMPACT: The maximum recommended expenditure of $100,000 for
~tility 'as-bullring" and evaluations shall be supported by available funds in the
water and sewer project cost accounts, apportioned as follows:
(1)
Maximum Cost: S42.000
From Fund 411 Reserves To:
Fund: 411 Water Constrdction
Cost Center: 273511
Project: 70028 - Goodlettc-Frank Road four Inning improvemcnts-
Rclocate Water Main
(2)
Maximum Cost: S42,920
From Fnnd 413 Reserves To:
Fund: 413 Scwer Construction
Cost Center: 2636 i !
Projcct: 7302S - Goodlcttc-Frank Road four Inning improvements-
Relocate For¢c Main
(3) Maximum Cost: S15.050
From Fund 413 Reserves To:
Fund: 413
Cost Center: 26361 i
Project: 7402~ - Ooodlctte-Frank Road four inning improvcmcnts-
Rclocatc Effluent Main
A budget amendment is required, and will be processed, to establish funds for fiscal
year 1998.
GROWTH MANAGEMENT IMPACT:_ Goodlette-Frank Road transportation
and utility improvements are consistent with the Collier County Growth
Management Plan.
I .JuN 02 998
Executive Summary
Goodlette-Frank Road
· Page 3
RECOMMENDATION: That the Board of County Commissioners as the
governing body of Collier County and Ex-Officio as the governing body of the
Collier County Water-Sewer District: (1) Authorize preparntlon of a
Supplemental Agreement with Johnson Engineering, Xnc. for Goodlette-Frank
Road utillty.evaluations in an amount not to exceed SI00,000; (2) Approve the
n~,cessary .,ha. alger amendments for fiscal year 1995 funding; and (3) Authorize and
dlr~¢t appropriate staff in the Public Works Division to prepare and execute tho.
b~iPpl~mentnl Agreement instrument.
PREPARED · DATE:
ct Manager
Off'~~ al Project s'Management
Rich Hellriegel, P.E., Interim Director
Office of Capital Projects Management
~g~ ' Ed lhchner, Administrator
'"/,, Public Works Division
EXECUTIVE SUMMARY
ACCEPT A DONATION AGREEMENT FOR CONVEYANCE OF UTILITY
EASEMENTS FOR ACCESS AND MAINTENANCE OF THE RECLAIMED
WATER MAIN TO THE NORTH COUNTY REGIONAL WATER TREATMENT
OBJECTWE: That the Board of County Commissioners accept a Donation
Agreement from virtey-an~ Development Corporat~3n and The Vineyards
'~ity As~c~d~xl, Inc., for access and maintenance of the Reclaimed
Water Main to the North County Regional Water Treatment Plant.
CONSIDERATION: The Real Property Management Department was directed
to acquire a Donation Agreement from the Vineyards Development Corporation
Inc., who have an interest in the underlying land, permitting the County to access
and maintain fire Reclaimed Water Main to the North County Regional Water
Treatment Plant, Phases I and II.
Upon acceptance and recording of the Donation Agreement from Vineyards
Development Corporation and The Vineyards Community Association, Inc.,
Collier County will obtain access for utility maintenance purposes of the
Reclaimed Water Main to the North County Regional Water Treatment Plant,
Phases I and I1. The document is attached and has been reviewed and
approved by the County Attorney's Office.
FISCAL IMPACT: Staff estimates that the ccst of ordering title policies and
recordation of all related documents and expenses wfl not exceed $750.00.
Funds are available in the FY 97/98 budget for this project as follows:
Cost Center. 263611
Project: 74008 (Vineyards Reclaimed Wetor Main)
GROWTH MANAGEMENT IMPACT: None
EXE. CUTIVE SUMMARY
PAGE 2
Ronaid F, Dflard, P.E., P~ect Manager
Offk~~ Projects Management
REVIEWED BY: ~Dtrector
APPROVED B.Y:~ - DATE:~
Ed Ilschner. Administrator
Public Works Division
FOUO:
74008 CV~ysrds)
UnR 1 P-3, Unit 3 P-3
80683560007, 80708177(X)6
80~72~:X30~. 80708204759
DONATION AGREEMENT FOR CONVEYANCE
OF UTILITY EASEMENTS
THIS DONATION AGREEMENT (heminafle~ referred to as the 'Agreement') is made
and e~ltered by and between V~IEYARDS DEVELOPMENT CORPORATION, I Florida
~, by b undersk3ned offk~, who ~ been du~y .u~ortzed by t~e coqxxa~ to
FL, 34110 4747, joined by THE VINEYARDS COMMUNITY AS~)CIATION, INC., a
..Coedmraaxn ~. In ~:',:~lsnce w~h the Dedoradon of ~, to execute
34119 - 4747, hemlnafte~ c~ecllvely ref~md, to as 'Ownef~'. to It~ BOARD OF COUNTY
COMMI~$1ONEI~ OF COLLIER COUNTY, FLORIDA, A~ THE GOVERNING BODY OF
COUJER COUNI'Y AND A~ EX-OFFICIO THE (~3~VERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DlSl'RlCl', 3301 East Temiarnt Trail, Naple~. Florida 34112. Ifa
WHEREAS, the County requtm~ Utile/F..~emef~ over, under, upon and across tho
~.~ Bee attached Exhibit 'A' which il ~ herein by reference (hereinafter
WHEREAS. the Owner desires to co,-,~y Utility Easements to the County on the term~
and cortdltlons set for~ herein;
NOW THEREFORE, In co~idefal~)n of ~ pmmlse~, the ~Jrn of Ten Doflam ($10.00).
Iml olher good and valusble co~sidera0on, the mcetpt end sufficiency of which are hereby
mu~uaRy actox~edged. ~t ~ agreed by and between the pa~es es follows:
1. Owner hereby grant~ Cour~ ~ Easemer~ ove~', under, upon, and across the
Property as ~3wn end de~ribed on the attached Exhlblt 'A'.
5. Owner represents It~at lhe Properb/and all uses of the Property have been and
prese~l~/m'e In complMnce with al Federal, State and Local envtnmrnental laws; that no
excep{ Il ~3~dflcaly ~ to lbo Cour~t~, that lhe Owner has no knovdedge of any sPifl
C4~xn~y ~lr~ s~l from. nnd Io reimburse ~ ~ wt~ respect lo. nr~ nnd nil dnmege~.
d,~ Ilalblitle~, lows. cods nnd expense~ Onchm'l~ W~K3Ut ~ reasonable ptlralegal
7. The County I1~ I:my I~e co~ of recording Utility Ealements, and Ihe recording
8, If the Owner holds the Property in I~e form of a partnership, limited partnership,
nmke a wrttlen public disdosum, re:cording to Chapter 286, Fkxtda Statutes, under o~th. of
pursusnt ~ Chspler 517. Flodda $*~J',es, whose stock i~ for sale to the general public, It is
hereby exem~ from the ixovisk~s of Cl~pter 2~6. Fkx~a Statutes.)
9. Co~ of the U~lty Es~emen~, o~ Shy intent In the P~ by ~e Owner
~ written ¢x oral ~greernen~, undertakings, pro~$, warr~nt~, (x
10. -r~s Agmeme~ is governed and cons='ued ~ ~-.cordsnce w~h the law~ of the
IN WTTNE$S WHEREOF, the parties hereto have executed this Easement Agreement
onlhis I/f'~t_ day of /~/~,, ,19'tf .
AS TO COUNTY:
DATE~.
ATTEST:
DWIGHT E. BROCK, Cleric
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, Chairman
WITNESSES:
v~mes. (Stgrmure)
. (Print)
W*~oH (S~gna',ure)
(Prat)
Vineyards Development Corporation.
a Florida Corporation
(Print or type)
98 Vineyards Boulevard
Naples, FL 34119-4747
STATE OF
COUNTY OF ~'~,~ / / / ~.. ~-.
Aareement wes aclmowledged before ~ this /~"/~day of ~,"9
~gge, by (frame)
DevMo~ Co~,
pe~sormb, ~ to me or w~ has produced ,,///,* as ~denUncat~.
(S~n~um of Nof, ry PuUk:)
( P~ M~ ~ No~ ~lc)
NOT~Y PUBLIC
~i~:ffany ~ ~~
JUN 0 2 1998
. P~'-- -':~'. '
Page4
:' WITNESSES:
"
(Pdnt)
~m)
(PrW, o~ type)
100 Vineyards ~rd
NBI~es. FL 3411g-4747
(affix ~ ~eal)
//~31~,~te of Notary
( F'flnt name of Nc~ary Publk:)
NOTARY PUBLIC
p13) TT4-~w
II
I,.
(EASEUENT$ AS SHOWN Gq PLAT
OF '11~ WN[Y,eJ~DS'. PLAT
14. PC,.
N
~ OF' A PARCEL IN THE SOCITHWEST 1/4 OF' SECTION
5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
R.0R~DA:
COMM~ONG AT THE SOUTHWEST CORNER OF SAID SECTION .5,
RUN N 87'3~'22" £ 89.49 FEET ALONG THE SOUTH UNE OFF'
SAID SECTION 5 TO THE POINT OFf' g£C. dNNING; THENCE
CONTINUE ALONG SAID SOUTH UNE N 87'56'22' E 15.03 FEET;
THENCE N 05'57'34' W 225.48 FEET; THENCE N 02'11'40' W
.568.34 FT. ET; THENCE N 87'48'20' E 17.50 F.EET; THENCE N
02'11'40' W 15.00 FEET; THENCE S 87'48'20' W 17..50 FEET:
THENCE N 02.11'40' W 282.50 TO A POINT ON A LINE RUNNING
76.00 FEET EAST OFF', AND PARALLEL TO, THE WEST LINE OF'
SAID SECTION 5; THENCE S 01'28'00' W 917.27 FEET ALONG
SAID PARALLEL UNE; THENCE S 05'57'54" E 172.06 F.EET TO
THE POINT OFF' BEGINNING.
BASIS OF BEARINGS: SOUTH LINE Of' SEC. 5 AS BEING
N 87',t6'22' E
C.S
I
I I~° lI
JTH UNE SEC.
L1
THIS IS NOT A SURVEYI
g~S?D-N.DIK~
SKETCH OF DESCRIPTION
FOR COLLIER COUNTY O.C.P. Id.
~,~1~ WILKISON &:
~111~, ASSOCIATES
CONSULllNO ENGINLrER~ AND SURVEYORS
3~K~ [XCHANGI[ A~'[. NAPLES, ~ 34104
(941) 643-2404 F.AX NO. (941) 643-5173
rLOR1OA BUSlaCSS UCCNSC NO. LB57?0
JUN 0 2 1998
7
SEG. B
I'
II
I
!
N
~ CF A PARCEL CF LANO LYING IN
THE NORTHWEST 1/4 OIr SECI~ON 8. TOWNSHIP
49 SOUTH, RANG[ 26 EAST, COL.UER COUNTY,
COMUENONG AT THE NORTHNN~ST CORN[R CF
SAIO SECTION B RUN N 87'~6'22' E 105.12
FEET ALONG THE NORTH UNE OF SAJO SI[CTION
Iii
THENCE S 00'1T47" W 590.26 FEET ALONG
A UN£ RUNNING 105.00 FEET EAST OF, ANO
PARAU~ TO, THE ~ST LINE OIr SAIO SECTION
8 ANO TO THE POINT CF 3[GINN1NG; THENCE
S 8~'42'1.T' E 12.50 FEE. T; THENCE S 00'17'47'
W 40.00 FEET; THENCE N 8g'42'13' W 12.50
THENCE N 00'17'47' E 40.O0 ALONG
SAJO pAR~_t_r_l. UN[ TO THE pOINT OF'
BAS~S CF BCAR~NGS: NORTH UNE Of' SEC. 8 AS
BEING N B7'36'22" E
P.O.C - POINT O~'
(£A~.IqT~ AS ~ ON PLAT
c~ 'T~ WK'Y~. I't.~T BOOK
14. PG. 73.)
THIS IS NOT A SURVEYI
S~(ETCH OF DESCRIPTION
FOR C0L.UER COUNTY O.C.P.M.
JUN 0 2 1998
· II
~ 01r A PARC:EL Olr I..a,qO LYING IN
THE NORTHW~$T 1/4 0F SECTION 8, TOWNSHIP
4g SOUTH. RANG~ 26 EAST, COLL~ COUNTY.
~ AT THE NORTHW[ST CORNER 0~'
SAID SECTION 8 RUN N 87"~'22' E 105.12
~£T ALOHG THE NORTH UNE 0+' S/J0 SECTION
8; THENCE S 00q7'47" W 482.44 FEET ALONG
A UNI: RUNNING 105.00 FEET EAST 0~, .*ND
PARALLEL TO, TH~ W~ST ~ C~ S.4dO SEc'rloN
8 AND TO THE PC~NT ~ B~:G~NNING: THENCE
S 8g'42'13' E 22..r,g~ FEET; THENCE S 00'
THIS IS NOT A SURVEY!
SKETCH OF' DESCRIPTION
FO~ COLLJER COUNTY O.C.P.U.
m/24~7 a~v
NO. Ls4tTI, :
~~ WILKISON &' :'
~OCIATES
J UN 0 2
PG. t:~ I
SC,AI,~ t' - 40'
s ~
TRACT L- 27
O.r. (LAKE)
~~T ' AA '
TH1S NOT. A SURVI~Y !
SKETCH OF DESCRIPTION
COLLIER COUNTY, O.C.P.M..
-/~__-'~!~/~: ,,.
~ N...~gv~SOHL p.s.M.
vr . , , '.,, ;.. ..... ..:'..,~ .. '~0;.)' . ..,
~LA WILKI$ON &
~l~/~ AS SOCIAT 'ES
g41 443--24O4 F . )
vv~s'r ~/4
s[¢Tto~a 8
N 89'19'23'
119.82'
!
~I~SC__.RIPnOJJ Oir A PARCEL IN THE SOUTHY~T I/4 Of'
SECTION 8. TOWNSHIP 40 SOUTH. RANGE: 26 EAST.
COLLIER COUNTY, FLORIDA, AND, IN TRACT L-I, THE
VINEYARDS UNIT ONE. AS RECORDED IN PLAT BOOK
14. PAGES 67-74. PUBLIC RECORDS 01r COLUER
COUNTY. FLORIDA:
COMMENCING AT THE W/ST 1/4 CORNER OF' SAID
.~,ECTION 8, "RUN SOUTH 00'12'17' V~ST 386..57 FEET
ALONG THE WEST LINE C~ SAI0 SEC~ON 8; THENCE
NORTH 89'1g'23' EAST 119.82 FEET; THENCE SOUTH
01' 49' 22' EAST 430.65 FEET ALONG A UN[ COMMON
TO SAID TRACT L-1 ArID PARCEL I21, A RIGHT-
C)~'-WAY PARCEL AS RECORDED IN OFFICIAL RECORDS
BOOK g07, PAGES 637-643, PUBUC RECORDS AN0 AS
SHOW~ ON THE PLAT Cf' THE VINFYARDS UNIT ONE TO
A POINT OF' CURVATURE ANO ~ pOINT Of'
Of' THE HEREIN DESCI~IBED PARC[L; THENCE NORTH
88' 10' 35' EAST 20.00 FEET RADIALLY TO A P0~NT
ON A CIRCULAR CURVE; THENCE 510.33 FEET ALONG
THE ARC OF SAIO CIRCULAR CURVE: CONCAVE TO THE
EASTERLY. RADIUS 2227.79 I~:ET. CHORD 509.21 FEET,
CHORD BEARING SOUTH 08' 23' 07' EAST TO A POINT
Of' TANGENCY, SAID ARC RUNNING PARALLEL AND 20
FEET EASTERLY OF SAID COMMON LINE: BETWEEN
TRACT L-1 ANO PARCEL 121; THENCE SOUTH 14' 56'
52' EAST 47.30 FEET ALONG A LINE RUNNING
PARALLEL AND 20 FEET EASTERLY OF SA~D COMMON
LINE; THENCE hlORTH 89' 47' 43' WEST 20.72 FEET
ALONG SAID COMMON LINE; TH[NC[ NORTH 14' 56'
52' WEST 41.88 FEET ALONG SAIO COMMON LINE TO A
POINT OF CURVATURE; THENCE 514.91 FEET ALONG
SAIO COMMON Lit/[ AND ALOt/G THE ARC OF' A
CIRCULAR CURVE CONCAVE TO THE EASTERLY, RADIUS
2247.79 FEET, CHORD 513.79 FEET. CHORD BEARING
NORTH 08' 2.3' 07' WEST TO A POINT OF TANG[NEY
AND THE POINT OF
CONTAINING 11,144 SQUARE FEET MORE OR LESS
A -, 13'07'3C)' TRACT L-1
R - 2227.7g' LAKE
A ,, 510.33'
CH., 509.21'
Crib -S 08'23'07" E
~. '~ PARCEL 121
~ N 89'47'43' W
20.72'
THIS IS NOT A SURVEY ! '
SON
IlJll WlLKI
SKETCH OF DESCRIPTION ~ASSOClATES
FOR COLUER COUNTY, O.C.P.M. ~ ~ ~INC, II
CONC. A/t. TING [tlGIN££RS, ANO SURV~:YORS
35oa CxC~AN~C AVl:. N~.°~S, rL*. 34104
(g41) 643-2404 FAX NO. (g41) 643-5173
FL*. SURVEYORS ANO UAPP~$ ~JSMESS L~ NO. LB5770
()'~'tx) S'CX)W' r~£T I, 2- 31-.7I I /I:R
JUN 0 2 1998
EXE~VE SUMMARY
AWARD CONTRACT TO GUYMANN CONSTRUCTION OF FLORIDA, INC., TO
CONSTRUCT WORK REMAINING TO COMPLETE, AND APPROVE AMENDMENT
NO. 4 TO AGNOLI BARBER & BRUNDAGE FOR PROFESSIONAL SERVICES
DURING CONSTRUCTION OF THE RIVIERA COLONY WATER-SEWER
LMPROVEMENTS, PHASE II, BID 96-2S88, PROJECT NO. 73025/70034
QI~[Fe..{~ That the Board of County Commissioners, as Ex-Officio the Governing Board
of the Collier County Water-Sewer District, al~rove the deployment of forces and funding to
complete the project.
I~ONSIDERATION: Staff received sealed bids for Bid 96-2588 on October 23, 1996. The
BCC ms. arded a contract to Sovereign Construction on January 7, 1997, agenda item 16(BXI2).
Tbe BCC terminated the contract with Sovereign for default on December 16, 1997, agenda item
S(BX4). Staff'has met with the _second low bidder on this project to discuss correcting defective
work and f'mishing the remaining work. That bidder was C-uymann Construction of Florida, Inc.
(Cnvfmsun). Gu)mann is familiar with local conditions unique to this project and has performed
~fully on previous projects involving similar work.
Guymann has agreed to honor unit prices in their bid for the remaining quantities ofwork. Staff
negotiated adjustments to unit prices for work to remove and rein.roll defective installations and
to finish partially-completed items of work provided by the previous contractor. A copy of the
contract pay items and quantities is attached.
The proposed contract includes allowances for additional services which may be rexluired but
cannot be quantified at this time. Additional services may include restoration work outside the
limits of Guymann's area of construction influence and replacement of facilities provided by the
previous contracearr found to be defective as the work progresses. Proposed contract provisions
regarding authorization and payment for allowance work are attached.
A history of construction contracts for the Phase II Improvements is summarized as follows:
Bid 'No. Contractor Contract Cornment~ Estimated
Amount Cost
96-2517 C-uymann $1,197,434 Terminated forconvenienee $100,000
95-2588 Sovereign $898,302 Terminated for default $351,294
95-2588 Guymann $1,557,800 2" lowest bid, not awarded 0
95-2588 Guyman $975,000 Complete remaining work at bid $975,000
negoti~ed unit prices pl.us allowances
Total $1,426,294"
The estimated costs do not include anticipated legal fees and staff time to defend any challenges
by Sovereign regarding the termination for deft, ult.
I JUN 0 ,,1998
·
On May 16, 1995, ~ item 16(I-0(1), the BCC approved a professional service~ alp'~ement
with A~noli Barber & Brundag¢ (ABB) for this project per RFP 95-2331. Amendment No. 4 ia
proposed to provide enlgneering ~ inspection services during construction to be performed in
accordance wi~h the proposed construction contract with Guymann. A smmnary of professional
services ~ is as follows:
&mo, mt
Original 122,8~1
Amend No. 1 31,056
Amend No. 2 21,36~
Amend No. 3 15,060
Amend No. 4 (proposed) 120.000
Total Fees $310,335
~ No. 4 also amends tl~ hbor rate schedule in accordan~ with tho Professional
~rvfces Agreement. The new labor roes have been inereased ~ensm'aIe with the C. onsmner
Since the previous contractor was t¢,,ainated, the County Public Works Division has completely
restored surface improvements within selected areas of the project and provided temporary
' _'.nr~vements to remaining roads by using a combination of County forces and outside.
contractors. The total cost of this restoration work is as follows:
Road Restoration
Sod and Swale Restoration
Sewer Point Repair
Finish Water Service Co~raections
Total
32,237
9,793
16,374
$119,337
Additional costs to complete the construction phase ofthis project are estimated ns follows:
Proposed Contract to Complet the Work (Guymmn)
Proposed Amendment No. 4 to provide Construction
Ensinee S and (A B)
Consm~on Management Fees (FY 98 OCPM)
Total
975,000
120,000
$1,122,072
Total costs to complete the project construction ate es~mated to be $1,241,409.
Executive ~nmmary
Riviera Colony
Page3
Additional ftmds in the amount of $144,000 az~ proposed to be included in the project budget to
pay for legal, enginecring and OCPM services anticipated to trsolve a law suit strumming from
the term__inafion for default of thc prrv/ous conWactor, Soverc/gn Consm~on as follows:
Ru~_'~S Prof~ Services (A~B
Amendmm .
Total
100,000
15,060
29.000
$144,060
A companion agenda item for this agenda item is staff's reco~on to approve a settlement
agrmment with ~ Bid No. 96-1517.
FISCAL ll~PACT; The total amount of funding needed for this projec% excluding
encmnbr~ces, is $1,385,469. Additional funds in the amoum $891,540 n~ needed in 1~ 98 for
~ project. A budget amerdment is necessary to transfer funds from Fund 412, Reserves for
Water Capital Outlay to:
Amount: $155,460
Fund: 412, Water Capital
Cost Center.273511, Combined Water Capital Proj~:ts
Project: 70034, P,./viera Color.>' Wa~ Improvements
(Les~l, $60,000; Engineering, $32,31,O; OCPM S99,661; Other Professional Fecs
S22,884; ~nd lml~ovcmcnLs C~ (S59,385))
A budget amendment is also n~ to transfer funds fi'om Fund 414, Reserves for Sewer
Amount: $736,080
Fund: 414, Was~watan' Capi~l
Cost Centec. 26361 I, Combined Sc-wet Capital Projects
Project: 73025, South County Sewer Collections Rehabilitation {Riviera Colony)
(Legal, $40,000; Engineering, $107,.*.25; OCPM ($61,251); Other Profesdonal Fees
$2,876; and Impmvement~ Genenl $647,23O)
Any proceeds received from Sovereisn's bonding ~ will be accepted as revenues to Fund
414. Reserv~ for Sewer Capital Outlay.
GROWTH MANAGEbO!iNT IMPAq: None.
R[.(X)~ATIONS: Thst the Board of County Commissioners, as Ex-Officio the
DATE:
1. Professional Services A~reeszsmt Amendm~-m No. 4
2. ~ hy l~na s~d Quanti~ies
3. Contract ~ for Allowsne~ Woltt
£SII~T£ I 0
~ E:IDII6- DATE. O0/O010P
I~OJEC! MO. 7302S-A
BID I(0. 9&-2517
COLLIER COUNT)' OFFICE OF CAJ)ITAL PRO;)~CTS/~NAGE~ENT :-
liONTHL/£STIY, ATE' :
C -n~T~.AC~ VI .F.P.A.COLOKlC. UT I LZT)C_IK~ROV~ S: .
' CO~RACTOR: ' ~ CO#STRUCTIM : ~'' ~' ,.%" i
ACCOUNT CODE: 414-2~3511-7302S SE~:R
ITEff NO. DESCRIPTION UNIT PrAM
OUMIITY ADO
SEIK~
IS 8' PYC DR-35 SAN. SE~ER CO'-&') LF 1,(95.00
3S 8' PI/C D~-3S SAN. S£UiR (8'-~0') LF 926.00
4S 8' P¥C O~-3S SAN. SEVER (10'-12') LF 2~S.00
~S SE~ LATE;ALS ~ CLEANOUT ... ~A ~O&.O0
6S IHSTALL SANZT~Y lSA~fOLE CO'-&') ZA 7.00
?S IN,TALL S~]TA~Y F~.~OLE (6"8') ~ 7.00
9S INSTALL SAMITAR! K~OL£ (I0'-22') ~A ~.00
lOS DO~B~E SE~E~ LAT.~ CL£A~OUT E~ 0.00
11S R&R 8' PVC S~UER (&'-~') LF 1,219.00
12S R&R S~N. fi. ~O~E (0'-6') [A 6.00
13S - R~RS~N. n. H~.E (&'-8') -. ~A . &.O0.-
I~S R&R SE~ LATERALS
16S ALL~ANCE/~[PL. NISS~NG/DEFECTZVE LS l.O0
G£~ERAL
2G KOBILIZATIOM LS ~.00
2G ~IMIEMANCE OF TRA£FIC LS ].C~
36 SOLID SOP - ST. AUGUSTINE
46 DRI~E~AY RESTORATION EA ~30.00
&G COMST~CTION STAXEOUT LS l.O0
7G ASPffAL! OVERLAY RIV~RIA BLVE). E. & ~. S¥ 11,782.0~
8G. ASPHALI OVZRLAY ALL ~INOR ROdO$ S! 13,~00.00
9G ALLOWANCE ~OOITIOK~L RESTORATION LS
ADDITIONAL ITENS
IA CONNECT NONES TO EXIST. SERVICES EA ~8.00
2A G~OUT EXIST. ~ELL CASIMGS [A &O.O0
3A F~#ISH ff. ffOLE SECTION VI 30.00
4A FURMIS~ ~. HOLE RINGS & COYERS EA ~9.00
18.
ALLOWANCE WORK AUTHORIZATIONS
All work related to the previous Contractor for the installation, repair, or replacement of
missing and / or defective work shall have prior authorization in accordance with
EXHIBIT I, Form I entitled "Allowance Work Authorization". This form must be fully
executed by all parties before allowance work can begin and is not intended to pay for
new work in progre~.
There are two (2) separate line items listed under Allowance Work Authorizations:
(1) Item No. 16S is for use when the Contractor has to replace missing or defective
work by the previous Contractor and will typically relate to the normal scope of
work. By way of example but not limitation, would be missing valve boxes,
straightening fire hydrants, broken driveways, improper culverts, laterals mis-
located etc.
(2) Item No. 9G is for additional restorations that were damaged by the previous
contractor but are outside of the original scope of work. By way of example but
not limitation, would be sod replacement beyond the right of way, median
restoration, staging area restoration, asphalt removal to de-contaminate road
base, broken mail boxes and light fixtures etc.
All payments shall be based on the line item unit prices shown in the contract when
applicable. Work that can not be priced using the unit prices shall either be paid on a
time and material basis in accordance with the contractor's rate schedule, or the not-to-
exceed price limit shown in the Allowance Work Authorization form, which ever is the
lowest. A 10% markup is allowable on material invoices when using the time and
material method. The contractor shall submit all records substantiating allowance work
with the payment application.
WS-CA-I-8
EXHIBIT I
Form !
ALLOWANCE WORK AUTHORIZATION
RIVIERA COLONY PHASE II
BID NO. 96-2588
This form, when fully executed, authorizes the Contractor to perform the work described herein. Ail
payments shall be baseat on line item unit prices shown in the contract when applicable. Work that
can not be priced using the unit prices shall either be paid on a time and material basis in accordance
with the Contractor's rate schedule, or the not4o-exceed price limit shown, which ever is the lowest.
A 10% markup is allowable on mat, rial invoices when using the time and material method. The
Contractor shall submit ali records substantiating allowance work with the payment application.
TYPE OF ALLOWABLE
WORK (check one)
~ ADDITIONAL RESTORATION (Line 9G)
[--'] REPLACE MISSING OR DEFECTIVE WORK (Linel 6S)
DESCRIPTION OF ALLOWANCE WORK:
NOT-TO-EXCEED PRICE LIMIT (TIME AND MATERIAL): $
PROPOSED BY:
(contractor)
sign and print or type name and title
Date:
RECOMMENDED BY:
(inspector)
sign and print or type name and title
Date:
APPROVED BY: Date:
(ocpm project manager)
sign and print or type name and title
AUTHORIZED BY:
Tim Clemons, Wastewater Director
Date:
." GUYMAPN COMST:~¢rZO~ o1~ r~,otzoi z~c.
~AJO! EqUXPK[KT
CAterpillar 233 ilCkhOe
160.00
130.OO
Ciao 580 Bockhoa/Lomdar
Citerptllor 966 Loader
Caterpillar 930 Loader
4
Cotatplllor D-& Dozer
Caterpillar D°3 pezer
Caterpillar I&O-G
Caterpillar D025C Articolot~n~ Dump ~rvc~
Truck Tractor ./Lovbo! Tre~ler
S~ns~o Axle Dump Truc~
Tandem Axle ~ump Trvck
~ruck TrL-Axle Dump Truck
~roctor v/Box Blade
voter Truck (?ondeJ)
BaSil 172 /~bratory Coepactor
80.00
135.00
4~.00
73.00
63.00
60.00
SS.00
80.00
60.00
55.00
75.00
85.00
?S.O0
35.00
60.00
45.00
33.00
33.00
~.00
DAILY lATE
Air Coiproolor
Cot-O££ Sow (120) (Blade Additional)
3' Electric
&' El~ctrtc Pump
8° Hyd~iulic ~ump
28' Kydriulic
200.00
l~o. Oo
150.00
&O.OO
73.00
100.OO
2So.0o
300.00
&$O.O0
350.00
JUN 0 2 998
DAXLY RATE
3' Ofaphran Pump
50.00
8° Vacuum Pump
OoubXa DEan V~b. gaXk lehtnd loller
Vlbca%o~! Plate Compactor
~Aio! ....
Foreman v/~uek i ~.nd Toole
SklZled Labor
300.00
&$O.O0
60.00
100.00
~O.OO
3~.00
~9.~0
JUN 0 2
CONTRACT AMENDMENT NO. 4
'fO: Agnoli, Barber & Brundagc, Inc.
7400 Tamiami Trail North, Suite 200
Naples, Florida 33963
FROM: Collier County Govemment
3301 East Tarniami Trail, OCPM Bldg.
Naples, Florida 34112
Project Name: Phase II Utilities Improvement, Riviera Colony Subdivision.
Agreement Dated: May 16, 1995. professional Services Agrecment No.: 95-2331
Contract Amendment No.: 4 Date: May 15, 1998
Description: (Attach justification and supporting documentation for this change.)
Amendment No. 4 is to provide additional Design Professional services required for the sewer work and
to adjust the original contract rate schedule in accordance with the contract documents.
Full time co~traction in..~:ction by the Design Profession-~! accounts for the majority of this incrca.~
($108,000). The remaining costs are for construction progress meetings and survey record drawing~ by
Design Professional. The ~cope of work and fe~ are shown in thc attached letter fi.om Agnoli, Barber &
Brundage, Inc. dated April l, 1995. As stated in the AB&B letter, most of these fees will be billed on
time and materials basis as the services are provided.
Paragraph 4.3 of AB&B's professional Services Agreement dated May 16, 1995 mandates that thc
Consultant's compensation be adjusted after a 24 month period to allow for any incremental cost
increases. Accordingly, thc current date of the rate schedule shown in Schedule "B' - Attachment B of the
contract documents has been changed fi'om July 20, 1994 to April 30, 1997 to reflect all rate incrcas~ due
the Design Professional and will be used ca:culatc any time and material costs for future invoices.
Original agrecmenl amount (Contract ~)5-2331) ............................. $122,851.00
Sum of previous amendment amounts (#1, #2 & #3) ....................... $ 67,484.00
This Amendment ~4 Amount [add] ................................................. $ 120,00.00
Revised ,4greement ,4mount ............................................................... S310,335.tX)
Your acc~ of this contract amendment shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agrccment indicatcd above, as
fully as if the ~ame were repeated in this acceptance.
Amendment No. 4
Agnoli, Barber & Brundage
Page 2 of 2
ACCEPTED:
Agnoli, Barber & Bnmdage, Inc.
O~ce of Capital
Richard Heltriegel, P.E., Inter/~/Director
Collier County
Wastewater Deparh-nent
;t
Tim ~l~ons, Wastcwater Director
Collier County Public
Works Department
Approved as to Form
And Legal Sufficiency
By: Date:
Ed llschner, Public Works Administrator
By:.
Assistant Corm
Date: ,~/~ i/~'Y'
Owner, Board of County
Commissioners of Collier
CounBt, Florida. Ex-Officio
Collier County Water-Sewer District
By:,, Date:
Barbara B. B~Ty, Chairmm~
l:hvight E. Brock, Collier
County Clerk of Courts
By: Date:
JUN 0 2 1598
~.:: II ,-
Mr. Bob Pierce
Collior County Oflic~ of Cepit~l Projccts Menagern~nt
3301 E. Tsmiemi Trail, Bldg. D
Naples, Floride 34112
Re: Rivicm Colon?; ABB PN 7048/X005
Deer Mr. Pi~cc:
This requ~ for ~ change order is provided per your clire~on. It concerns construction
conlra~ suppc~ sorvic~s for the above mm~tioued proj~'t involving sanitary sewer r~lacement.
You have ~ cl~ ABB provide fidl time cons'm~on obsers~on.
The l~,~q b~veea Collier County and Guyman C. onslzuction are as follows. The con.s'lmction
~ is 120 cl~ys to su~al completion ~nd 150 days to final completion. The conm~-'tor is
lil~ly to work 10-12 hour clays, including Saturdays, to complete the project within dewate~ng
permi~ time limits. Your requirement is for ABB to have a project representative on site
~er work is being performed. Our attendance at all project progress meetings is also
required. ABB will also provide record drawings.
Our proposed SCOl~ is as follows:
A. Full Time Observation
Fee estimate = (12 hrs. Xl$0 daysX$60/hr.) = $108,000
We will bill out chargcs for the abovc mentioned task on a time used basis. You will
only be billed for actual time spent.
B. Co--on Progress Meetings
Fee Estimate = $6,340
B~xl on 16 possible wee'My meetings, you will only be billed for actual time spent.
Survey Record Drawings
Fee Estimate = $5,660
ABB will field survey "as-hdlt" sanitary sewer invert elevations md centerl~listane~ ~1~
. . . JUN n 2
conu-actor will b~ mmsf~ to a s~t of r~cord mylars as p,~rnanem r~fer~nce. A
complete set of mylar s~ias will b~ provid~ to the County at proj~'t compl~tion.
, We hope this scol~ sauisfa~modly respouds to yom' needs. Should R require modit]c~ou please
· ?do not hesita~ to let us know.
As discussed in our last meeting, we request to have om' lates~ rate schedule made part of'd~is
coutract. A copy is auache~ for you~ use.
there b~ any questions, please conta~ th~ trudge'signed.
Shx~e~ly,
IO~M~LI, BARBER & BRUNDAGE, INC.
Daniel W. Brundage, P.E. [ !
03-092YS.LTR
Copy: Rick BaPoer
Dominick Amico
Adolfo Oonz~Jez
Karl Boyer
JUN ~ 2
5cTzrEDIJ~ "B" - A~'ACI~£A~J' B
Revised 5/15/98
RATE SCHEDULE - EFFECTTVE APRIL 30, 1997
Re~stered Engineer/Principal
Sr. ~isu~
Sr. Design Engineer
A~ini~ P~
~fi~
~ ~ ~.L.S.)
~j~ M~ ~.~)
Sr. ~j~ ~ ~.~)
Sr. ~~ S~
~ S~
T~ic~ I
T~ic~
T~ic~
T~ki~
T~ M~ S~ C~
~ M~ S~ Cr~
F~ ~ S~ C~
F~ ~ S~ C~
Cl~ I
BI~ 24 x 36
BI~ 36 x
My~ ~ 24 x 36
My~ ~ 36 x4S
~pi~ ~!~ x I 1
~i~ ~1~ x 14
~ilx17
A~ T~
A~ T~ I Z ~und
A~I T~ 12' R~
&~l Mille
m~ s~~ w~m
Sl !$.00 Hr.
$ 95.00 Hr.
$ g0.00 Hr.
$ 70.00 Hr.
$ 60.00 Hr.
$ 38.00 Hr.
SlO0.00 Hr.
SI05.00 Hr.
$ 80.00 Hr.
S 65.00 Hr.
$ 75.00 Hr.
$ 95.00 Hr.
$ 95.C~) Hr.
SI05.00 Hr.
$ ~0.00 Hr.
$ 70.00 Hr.
$ 42.00 Hr.
$ 50.00 Hr.
$ 65.00 Hr.
$ 80.00 Hr.
$ 90.00 Hr.
$100.00 Hr.
$I 10.00 Hr.
$ 35.00 Hr.
$ 20.00 Hr.
$ 35.00 Hr.
$ 40.00 Hr.
$ l J0 E~.
$ 2.5O ~.
$ 15.00 F~.
$ 20.00 F~
$ .05 F~.
$ .07 E~.
$ .IOE~
$ 7.00 E~
$ 14.00 E~
$ 21.00 E~.
$ .31 Mi.
$ .$0 Mi.
$200.00 Hr.
~ z~ ~ky ~ .5~ 10l, Fort M}ers, ~ L390]. flql) 334-1173 · FAX:
EXECUTIVE SUMMARY
AI~PROVE SETTLEMENT AGREEMENT WITH GUYMANN CONSTRUCTION OF
FLORIDA, INC., REGARDING RIVIERA COLONY WATER-SEWER
IIHPROVEMENTS, PHASE II, BID NO. 96-2~17, PROFECT NO. 7302S/'/0034
~ That the Board of County Commissioners, as Ex-Officio the Governing Board
of~he Collier County Water-Sewer District, approve a settlement sgreement to reimburse the
CONSIDERATION: The BCC t~u,inated the contract for convenience on ~ber 3, 1996,
agenda item 8(BX4). The contractor filed a claim for corn iwurred because of the termination.
"Shift' met wilh ~ Contractor ~md developed a pwposed setflemenL The County Attorney's
Offi~ has rc~icwed znd approved the proposed scttlcment a~cnt, copy
FISCAL IMPACT: Additional funds in thc amount of S99,402 are needed to satisfy this
settlement agreement. A budget amendment is necessa~ to transfer funds from Fund 412,
Reserves for Wa~r Capital Outlay ~o:
Amount: $9,941
Fund: 412, Water Capital
Cost Center: 273:511, Combined Water Capital Projects
Project: 70034, Riviera Colony Water Improvements
(Other Contract Services)
A budget amendment
Outlay to:
~'~ Amount: $89,,161
Fund: 414, Wasiewater Capital
Cost Center:. 2636 ! I, Combined Sewer Capital Projects
Project: 7302:5, South County Se,.wer Collections Rehabilitation (Riviera Colony)
(Other. Contract STec0
GROW'tit I~IJ~AGEM~_I~I' IMPACT~ None.
_
R~'OMI~I~ATION$. Tl~t tl~ Bo~'d of County Commi~ion~.~, ~ Ex-Officio
~8 Board of tho Collier Cotmt7 Water-Sewer DiVot, aplam,¢ tl~ ~tl~mcnt
~:~m tl~ n~.~y budget ~n~-~h-'nen~ ~md aulhoriz~ th~ OCPM Director to ,x,cut¢ tl~
is necessary to transfer funds from Fund 414, Reserves for Sewer Capital
Rxecutive Sunmu~
Rivfa'~ Cok~
Pe~ 2
RKVIEWKD BY:
Ed Finn, Interim W~cz Director
DAT~:
REVIKWED BYs f,,.--=-.~ -~,,,~...y,~.,~. OA'I'~:
~ Hellrie~l, P.P~ vqte~n ~ Dircctor
Ed lbchner, Public Wodcs Administrator
Auldncnt: Seldemmt ^p~-elnem
T~S SETTLEMENT AG .P~.EMENT AND MUTUAL RELEASE (hereinafter *Agreement
and M}z(ual Release') is entered tnto and made on this day of . ,19_9.8,
by arfld between GUYMANN CONSTRUCTION OF FLORI~('hereinafter Guymann )
and'COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Collier
County').
WITNESSETH:
WHEREAS, (Guymann and Collier County entered into a contract on or about June
18, 1996, whereby Guymann would perform all work ('Work') in connection with Phase
II Utilities Improvements, Riviera Colony Subdivision, Contract #96-2517; (hereinafter the
"Contract") and
WHEREAS, sometime after Gu,vmann began co prosecute the Work pursuant to the
Contract a dispute arose bev, veen Collier County and Guymann. As a result of that dispute
Collier County ultimately terminated the Contract for convenie~nce in accordance with the
Contract documents; and
WHEREAS, Guy'mann has now alleged ~lmaaagea, asa result or outstanding claims ~
that termination; and
WHEREAS, Collier County. ~ liability for the c!~.,v..t _%".d d2.m. ag~ asserted by
Guymm'm; and
WHEREAS, Collier County alleged Guymarm performed certain Work not in
accordance with the cn..~,-r...a ,,,,.,,,,, ,' ........ :"" C ........ r ............ r ,u
WH..r:Dz:A¢ e,,,,.,.,,.,,,,., ao-:.,, W,~.:E~. t-_.,__ _,_,__ ~-~d damagc: ar:er:cd 57
WHEREAS, the parties desire to settle and compromise any and all aspects of the
dispute arising between Guymann and collier County relating to the Work and Contract.
NOW THEREFORE, in consideration of the promises, covenants and conditions
contained herein, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1
JUN 0 z 1998 i
mt' .... illin .... II - ' Iff .............
~=?'OS/I?/OS..~. ~ 10:33 041 480 2444
I11
A~IS MITCHELL
1~I002
SET~{Z~rT ^OR,E_ _~4E~rT_ _A~n) MCrTUA~ pEt, EASE
THIS S~'I'rLF~F_2~ AGREEM~qT AND MLrTUAL RELEASE (hereinafter "Agreement
M~ ~") ~ ~t~ ~to ~ mdc on t~ day of ,1998
d k~ G~ ~N~U~ON OF ~D& INC.
~ ~ OF ~~ ~~O~, ~<~O, ~ G~ING BO~
~ ~~ ~U~ WA~-~ D[~ ~~U IN ~[ER CO~,
~H~ su~i~ of ~e S~t~ of ~od~ ~~er '~1~ ~~).
WHEREAS, (Guymann and Collier County entered into a contract on or about June
18, 1996, whereby Guymann would perform all work ('Work') in connection with Phase
Il Utilities Improvements, Riviera Colony Subdivision, Contract #96-:2S17; (hereinafter the
'Contmct9 and
WHE~, sometime after Guymann began to prosecute the Work pursuant to the
Contract a dispute arose between Collier County and Guyma~. As a result of that dispute
Collier County ultimately terminated the Contract for convenience in accordance with the
Cc~tract documents; and
WltEREAS, Guymann kas now alleged damages as a result of outstanding claims and
that termination; and
WHE~, Collier County denie~ liability for the claims and damages asset:ed by
Guymmm; and
WHEREAS, Collier County alleged Gulrmarm performed certain Work rot in
accordance with the Contract and sought damages against Guymmm for recowry of the
WHEREA5, Gtrymann dmies liability for the claims and damages asserted by Collier
Count~, and
~, the parties desire to settle and compromise any and all aspects of the
dispute afl.ring between Guymann and Collier County relating to the Work and Contract.
NOW THEREPORL
contained herein, and other good and valuable con.side_radon, the receipt o~
acknowledsed, the parties herelar agree as follows:
in mmid~afi~ of the promises, covenams and conditions
.which_is_h_erebg
AGEHDA t T~IL~.
J ;JN :: 2 iS38
10:33 FAX S41 4Sg 2444 ANTIS IZTC~LL 0003
1. The parties adopt and affirm the redtals set forth above as true and correct,
and incorporate the same as material terms of this Agreement and Mutual Release.
2. Collier County agrees to pay the total of Ninety Nine Thousand, Four
Htladred One and Eleven Dollars ($99,401.11), representing the total amount due to
(Guymann for damages, matexlals and attorneys fees claimed by Guymarm in accordance
with anti subject to the provisions set forth herein. An itemization of damages and
materials is attached as Exhibit A and made a part of this Agreement.
3. 'l'be payment of S99,401.11, s ~ball represent all amounts due to Guymann for
damages, materials and attorneys fees heretofore claimed and will resolve all legal or
equitable claims, suits or actions by Guymann and any and all claims, suits or actions
which could have been made by Guymann relating to the Work and/or Contract.
4. Payment from ColLier County to Guymann shall be accomplished by one lump
sam payme]at of $99,401.11 upon approval by Collier County.
5. No payment has been made from Collier County to Guymann in relation to
this matter as of the date first set forth hereinabove.
6. As a material inducement for Guymann to accept aforesaid payment as set
forth ~ '['~ 3 and 4 above, ColLier County shall release Guymarm from all claims, damages
and liability arising out of or relating to the Work and/or Contract in accordance with the
terms and conditions more specifically set forth hereinafter in 'l 8 below.
7. Except for any claim to ent'orce the terms of this Agreement and Mutual
Release, Guymam% on beb_:~If of itself, its elected officials, its officers, employees, former
m'nployees, attorneys, successors, predecessors, agents, representatives, insurers, sureties
and assigr:..~ hereby remises, releases, quits, satisfies and forever discharges Collier County,
its officers, employees, former exnploye~, attorneys, agents, representatives, predecessors,
successors, insurers, sureties and assigns from any and all maimer of action or actions,
cause oz' causes of action, suits, debts due, sums of money, accounts, reekordngs, covenants,
charges, damages, obLigations, Liabilities, contracts, promises, judgraents, executions,
claims, complaints, legal or equitable and whether known or urfic~own which Collier
County has asserted, had, or now has or may have against Guymann, its officers, directors,
owners, employees, former employees, attorneys, agents, representatives, predecessors,
suecemors, insurers, sureties and assigns whether known or unknown arising out of, or in
any way connected with, the Work and/or Contract.
8. Except for any claim to erdoree the terms of this Agreement and Mutual
Rr. leas~, Collier County, on behalf of itself, its elected officials, its officers, employees,
former employees, attorneys, successors, predecessor~, agents, representatives, insurers,
sureties and assigns hereby remises, releases, quits, satisfies and forever discharges
Guymann, its officers, employees, former employees, attorneys, agents,
-~ 0S/27/g8 WED ~0:34 FAg 941 469 2444 ~%'NIS XlTCHELL ~004
ptt'decessors, successors, irLsure~, sureties and assigns from any and all maimer of action
or actions, cause or causes of action, suits, debts due, sums of money, accounts, reckonings,
covenants, charges, damages, obligations, liabilities, contracts, promises, judgments,
executions, claims, complaints, legal or equitable and whether known or unknown which
ColLier County has asserted, had, or now has or may have against Guymann, its officers,
directors, owners, employees, former employees, attorneys, agents, representatives,
predec~m~, successors, insurers, sureties and assigns whether known or unknown arising
out of, or in any way connected with, the Work and/or Contract.
9. Both Guyn'mm~ and Collie~ County agree that any claims or damages which
may have emanated from the work and/or the Contract as of the date set forth
· hereillabove are precluded by execution of this Agreement and Mutual Agreement arid
aeeeptanee of payment of $99,401.11 by Collier County to Guymann, in accordance with
the terms and conditions more fully set forth herein.
10. This Agreement and Mutual Release shall be construed according to the laws
of the State of Florida.
11. Guyrnann and Collier County agree that this Agreement and Mutual Release
comtitutes the entire agreement between Guymann and Collier County and that there are
no other agreements, oral or Written. between them relating in any way to any subject of
this Agreement and Mutual Release. In this regard, Guymann and Collier County agzee that
this Agreement and Mutual Release is the product of mutual negotiation and no doubtful
or ambiguous term or provision hereof is to be construed more strictly' agaimt the party
that drafted/physically prepared the Agreement and Mutual Release. Guyrnann and Collier
Cotmty further agree that this Agreement and Mutual Release supersedes and replaces all
prior agreements and understandings with respect to the subject matter or' this Agreement
and Mutual Release.
12. Guymarm and Collier County agree that the sole venue for any action arising
out of or relating to this Agreement and Mutual Release shall be in the Twentieth Judicial
Circuit in and for CoLlie: County, Florida in Naples, Florida and the p:evailing party shall
be entitled to recover attorney fees and costs.
13. This Agreement and Mutual Release shal_l_ be binding upon the parties, theiz
heirs, admin/strators, zepresentatives, executors, beneficiaries, employees, agents, successors
and asdgns and shall inure to the benefit of the parties, their heirs, administrators,
representatives, executors, beneficiaries, employees, agents, successors and assigns.
14. All parries hereto understand and agree that there are no oral or other
agreements, arrangements, representations or understandings between them relevant to the
matter covered and understood by this Agreement and Mutual Release.
3
~IS XlTCHELL
~005
15. This Agreement arid Mutual Release is intended to compromise and resolve
~ diff~ and claims between the parties relating ~o any damage allegedly sustained
as relating to the Work and/or Contract.and does not constitute an admission of any party
of' liability for any claims of the respective parties. However, if Collier County fails to
approve this /s,4p'eement and Mutual Release, the par~ies shall be returned to their
respective positions ~aru___j.s _auo ernTc without prejudice as to any party's fights, defenses,
duties and/or claims. The parties also agree that nothing in this Agreement and Mutual
Release shall preclude or limit either parr? from enforcing this document°s terms in the
event of a breach by either party.
16. Should any pmvi~on of this Agreement and Mutual Release be declared or
be determined by any Court to be Rlegal or hvalid, the validity of the remaining pans,
terms and provisions shall not be affected thereby amt such an illegal or invalid part, term
ar provision shall be deemed not to be a part of this document.
17. This Agreement and Mutual Re]ease sets forth the entire agreement by and
between the parties hereto and fully supev'.,edes any and ell prior agreements
tmderstandings between the parties hereto pertaining to the subject mat~er hereof.
18. Collier County's consent and approval of the rights and duties set forth
hereina~ and contemplated as arising herefmm is an express condition precederit to the
assent, creation, validity and existence of this ~ent and Mutual Release.
4
,A, GEt :DA
J U ~4 ~ 2
IN WITNESS WHEREOF, the parties, by their duly authorized agents have signed
and sealed this agreement on the date set forth above.
DATED:
ATrF. ST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
BARBARA B. BERRY, Chairman
i -
Witned/
Printed/Typed Name
Witness
Printed/Typed Name
Date Executed
GUYMANN CONSTRUCTION OF
FLORIDA, I N C.,_.
(i ', ,:'"
By: '-----' ~ 'X ~ __.
PHnted/Typed Name
Date
Approved as to form and
legal sufficiency:
MeJis.' sa A. Vasquez
Assistant County Attorney
(corporate seal)
·
:[!it' JUN O Z 1998
EXHIBIT A
GUYMANN CONSTRUCTION OF FLORIDA, INC.
I.~NO OEVELOPMENT ANO UNOERGROUNO CONSTRUCTION
56E!6 Youngquist Road
Fort Myers. Florida 3391 2
(941) 4B1-6545
Fax (941) 481-9255
April 8, 1998
Riviera Original Contract (96-2517).
COST INCUlL~ED & 0RIGI~AL C0NTI~CT
IT~ DUE GU~t~ (g£VISEO 4/8/98)
1. Contract Pay Items Earned:
IT~-MNO. DESCRIPTION
QU~TI~f
COMPLETED
UNIT PRICE
BID
TOTAL
SLrWE~ $" PVC Sewer (6-8) 92 LF
3 8" PVC Sewer (8-10) 200 LF
8 ,~HOLE ($-I0) t EA
51.86
65.86
2240.00
SUB TOTAL SE~ER
GENERa.. ILS t0000.O0
I Mobilization
2 .~int of Tra/fic 0.09 LS 20000.00
6 Construction Stakeout 0.23 LS 22000.00
SUB TOTAL GENERAL
IOTAL CONTRACT I~L-MS
6,771.1
13,172.0
2,240.C
$20,183.1
I0,000.0(
1,800.0(
5,060.0{
16,860.0¢
$37,043.1:
IX. Other Costs Incurred by Guymann:
1. Payment for precast manholes & castings furnished by
PRECON/Cuymann and not paid by Sovereign per agreement.
(See attached statecent from Precon)
2. Restocking & freight charges paid by Cuymann to Ferguson
to return pipe & fittings, etc. (See attached invoices)
3. Loading & hauling charges for above
(Flatbed truck 14 hrs.@ 30.O0/hr. ' 420.00)
(Fork loader 10 hrs. @ 50.O0/hr. = 500.00)
&. Videotaping by ~L Contractors Video (See attached Invoice)
~. Crushed stone & trucking (left on site) (See attached Inv.)
6. Attorney's Fees. ( See attached invoices)
7. Idle Equipment Cost (from date of shutdown to Contract
termination @ 372 of cost.)(See attached breakdown)
8. Flex stakes left in place (See attached invoices-t
TOTAL OTHER COSTS[
TOTAL DUE /
34,860.70
5,524.44
920.00
t,200.O0
1,650.00
7,248.85
10,000.0C
,,o* · ?.~-~-. OC
.lUll 0 2 lal O, Ol[ ]
EXECUTIVE SUbl1HARY
AWARD A CONTRAC'I' TO CANDITO MANAGEMENT GROUP, INC. FOR
FOOD AND BEVERAGE CONCESSION AT TI~ MAIN GOVERNMENT
COMPLEX AND TO TERMINATE THE AGREEMENT WITH THE STATE OF
Iq.,ORIDA, DIVISION OF BLIND SERVICES.
O~: To ~rard a contract to Candit~ Managea'nem Group, Inc. for food and
bc'v~rag~ scrric~ st the Main C-over~ent Compl~ ~! to terminate the Agreement with
the State of Florida, Division of Blind Services.
CONSIDERATIONS: In 1962 the County lcased the mack bar space to the Florida
Cotmcil for the Blind. That lease expired 37 years ago and has operated on a month to
and employes located on this Complex, staffpublisbed a Request for Proposal (RFP) on
Febrnnry 13, 1998 for an expanded food and beverage service st the Main Government
Complex. The Candito Management Group submitted the only proposal which offered
the following scope of service:
Subway tts~d Dunkin Donuts ~tions
7:00 AM - 5:00 PM, Monday - Friday
Staffing Plan:
Provisions have been made to incorporate the current principal into
the proposed operation.
Full service Subway Sandwich Menu and Full service
Dunkin Donuts Menu with possibilities of adding delivery service
for on campus stops, catering services and supplying groceries
for emergencies Omrric~es, etc.).
Revenue:
Staff is recommending that the new Contractor provide the County
with nine percem (9%) of their gross sales each month. These
funds would be placed into segregated cost centers (revenue and
expense) and ear-ma.fi:ed for ra'.~ssibility related expenditures for
all County facilities including the concession. Such expenditures
could include "talking cash registers" for the visually impaired and
listening devices for the hearing impaired.
The cm'rcnt contract with thc Division of Blind Services would be terminated with the
County providing 45 days notice.
Executive Sumnmr~
Food Servi~e RI~
Ptge Two
'I'ne ~onaire has a_n'eed to inco_r~nte thc ~istin~ staff into his ~
_~-ation. Construction (totally at the concessionaires expense) would begin once the
current oeeupa~ hns vacated and would last abou130 to 45 days.
I~I~CAL IMI~ACT: Thc true fiscal impa~t will not be known until the Contractor is up
and rmming and ,, history of revenue can be estnblished, however the Concessiona~ is
suggesting thnt the revenue could produce payments to the County in the S500 to
per week range. A cost center would be established for revenue and expenses relatinlg to
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners terminate its
Agreement with the Florida Council for the Blind, au~e the Chairman to sign a
contract with Candito Management Group, Inc. (after review by the County Attorney's
Office) for foed and beverage service at the Main Government Complex and npprove the
necessary budget amendments.
Prepared By:
Skip C~rro, CFM, Direc:or
The Depmunent of Facibtie~ Management
Suppofl $~vic~ Di.vfsi,?,n
Dato:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
SUNE 2, 1998
FOR BOARD ACTIOb~:
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
.C~: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period
February 23 ' February 27, 1998; March 2 - March 6, 1998; March 9 - March 13, 1998;
March 16 - March 20, 1998; March 23 - March 27, 1998; March 30 - April 3, 1998; April
6 - April 10, 1998; April 13 - April 17, 1998; April 20 - April 24, 1998; April 27 - May I,
1998; May 4 - May 8, 1998; May 11 - May 15, 1998.
A. Pelican Marsh Community Development District - Fiscal Year 1997 Annual
Financial Report of Units of Local Government.
B. Heritage Greens Community Development District - Fiscal Year 1997 Annual
Financial Report of Units of Local Government, minutes of January 7, 1998
meeting and minuies of Landowners November 4, 1997 meeting.
C. East Naples Fire Control and Rescue District - 1997 Annual Financial Report and
Public Facilities Report.
Eo
Golden Gate Fire Control & Rescue District - 1996-97 Annual Local Government
Financial Report & Special District Report - March 27, 1998.
Key Marco Community Development District - Local Government Annual
Financial Report & Genera} Purpose Financial Statement - September 30, 1997.
Fiddtler's Creek Community Development District - Local Government Annual
Fifiaheial Report, General Purpose Financial Statement - September 30, 1997 &
M~nutes of February, 1998 meeting.
Port of the Islands Community Improvement District - February 19 & March 19,
1998 minutes.
Ho
Naples Heritage Community Development District - minutes of Board of
Supervisors meeting of January 26, 1998; General Purpose Financial Statements -
September 30, 1997 and Local Government Annual Financial Report.
- AGENDA ~F.H
Ho.__ I~. - _
JUN -2