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Backup Documents 05/27/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 27, 2003 NAPLES DAILY NEWS Published Daily Naples. FI. _,41 ~2 Collier aud I ,,~ .:ouniSes t l'~, , ~:~; that :: :,c matlcr oF 1'! '~IJCNOi publishedi~:ud~;ewspapcr t lime May 25, ' ' '-' Affiant fm'lhcr says lira! the said Naples i} :51y News is a nexs:,i,apcr published at Naples, in ~aid Collier Counb', i io~fda, and that the sa~d next =paper has heretofore been coi31hmous]y published in said Collier County, Florida; disu'ibuled in Coil/er and Lee counties of l:]oiSda, each day and has been entered as second class mail molter at tho past oflSce in Naples. in said Collier County, Flor/da, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fi~ or co¢orahon any discount, rebate, commission or refund for the pu¢ose of secunng this advertisement for publication in the said newspaper. ( ~igna~e of affiant} Sworn to and subscribed before me This 27th day of May. 2003 (Signature oi notary public) /~OT;~x~ My Comm Exp. 12/10104 NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS COLL ER COUNTY, FLORIDA Tuesday, May 27, 2003 9.-oo A.U. J Notice Is hereby given that the Collier County Board of County Com- mlesloners will meet In the Board's Chambers on the Third Floor of the W. Harmon Turner Build- lng (Building F) at the Collier County Govern- ment Complex, :1301 East Tamlaml Trail, NapleS, Florlda~ to con- duct the bUsiness of Collier County et the above stated time and. date. Copies of the agenda for said meeting will be made available to the [~aress and may be ob. Ined at the Public In- formation Office, IOCat. ed on the First Floor of the W. Harmon Turner Building. All Interested parties are ~nvlted to att~M, to reg- Ister to sl~eak and to submit their objections, If any, in wrltin~tto theI Board prior to me spa-I claFmeetlng. All regis-I tared public speakersl will be limited to five ($) minutes unless permis- sion for additional time ImSagn.mnted by th~ Chair-t Any 2=on Who .Ides' to appeaia d~islon of cord of the proceedings~ Rertal. nlng thereto, and meremre, may need to~ ensure that & verbatlm~ record of the prOoeed~ Ings is made, which re- cord Includes the testlq mony and evldencel .upon. w. hlch the appeal IS to De nesed. Collier County Ordinance No. 99-22. requires that all lobbyists shall, be-i fore engaging In an,)' Iobb)tlng aetlvltles [1- nclumng, but not limited to, addressing the Board of COUnty Commission- ers), register with the Clerk to the Board at the Board Minutes and Re- cords Department. If,you are a person with a elsablllty who needs any accommodation In order to participate in this proceeding, you are ~d, at no cost roi you, to the provision ofI certain assistance./ Please contact th.e. COl.j Iler County Facllltles~ Man.agement. Depart-/ merit/ocateo at 330! East Tamlaml Tral Naples, Florida, 34!! (239) 774-8380~ ~ss ste listening .devices for t~ hearing ~rnpalred ar available In the Count Commissioners' Office. BOARD OF COUNT COMMISSIONERS COLLIER COUNTY, FLORI- DA Tom Hennlng, Chairman DWIGHT E, BROCK, CLERK By: IS~ Mau.reen Kenyon Oep Cler~ Ma~v 2u2u2u~ No. 144191 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 27, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 May 27, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Mitchell Cotrone, Hope Wesleyan Church 2. AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 Be April 15, 2003 - Special Approved as presented - 5/0 April 29, 2003 - Workshop Approved as presented - 5/0 De May 6, 2003 - Workshop Approved as presented - 5/0 me May 8, 2003 - Town Hall Meeting Approved as presented - 5/0 Fe May 8, 2003 - Joint Workshop Approved as presented - 5/0 2 May 27, 2003 3. SERVICE AWARDS e PROCLAMATIONS Proclamation to show the appreciation for the donation of the Master Gardeners for their time and talent. To be accepted by Charles Ray. Adopted- 5/0 Be Proclamation to show great appreciation to Sharon Downey, RSVP Director and the RSVP Volunteers for all their hard work and receiving the Acts of Caring Award. To be accepted by Sharon Downey and some of her volunteers. Adopted- 5/0 Ce Proclamation to designate the week of June 2-7, 2003 as Code Enforcement Officers Appreciation Week. To be accepted by Michelle Arnold, Director of Code Enforcement and her team. Adopted- 5/0 De Proclamation to designate the week of June 1 through June 7 as Collier County Homeowner Expansion Week. To be accepted by David Ellis, Executive Vice President of Collier Building Industry Association. Adopted- 5/0 me Proclamation to proclaim June 1 through June 8, 2003 as National Fishing and Boating Week. To be accepted by a Representative of the Recreational Boating Industry. Adopted- 5/0 PRESENTATIONS Ae Presentation of Collier County's History by Ms. Smith's 4th Grade Class from Lake Park Elementary School. Presented Be Recommendation to recognize Edward D. Chesser, Equipment Operator, Parks and Recreation Department, as Employee of the Month for May 2003. Recognized -5/0 3 May 27, 2003 Ce Emergency Management update to the Board of County Commissioners regarding the 2003 Hurricane Season. Presented e PUBLIC PETITIONS Ae Public Petition request by Mr. Nicholas Giannone to discuss sign ordinance "Spinning the Barber Pole". Direct staff to decide what is a sign and what is considered a symbol and bring back to Commissioners -5/0 Public Petition request by Mr. William Reid to discuss beach sand migrating onto Surfsedge property. To be brought back at a future meeting -Consensus BOARD OF ZONING APPEALS Moved from Item #17D A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber and Brundage Inc., representing Collier County Board of County Commissioners, requesting a Conditional Use for a Regional Park in the "A" Rural Agricultural Zoning District per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 212.77+ acres. Resolution 2003-187 Adopted 5/0; w/Parks and Recreation Advisory Board to work on fencing requirements/specifications 8. ADVERTISED PUBLIC HEARINGS Ae An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of construction standards handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this Ordinance, providing for conflict and severability, providing for penalties; providing an effective 4 May 27, 2003 date. Continued to the June 10 BCC Meeting -5/0 Adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, incorporating changes to the affordable housing provisions. Ordinance 2003-25 Adopted 5/0 Moved from Item #17B C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and low environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located on the west side of Old U.S. 41 immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. Ordinance 2003-26 Adopted w/changes 5/0 9. BOARD OF COUNTY COMMISSIONERS Ae Appointment of member to the Library Advisory Board. Resolution 2003-188 Re: Appointment of Dianne Wetjen -Adopted 5/0 Be Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. Resolution 2003-189 Re-appointment of William L. Seabury and Roger Somerville -Adopted 5/0 Appointment of member to the Contractors' Licensing Board. Resolution 2003-190 Re-appointment of Richard E. Joslin, Jr. -Adopted 5/0 5 May 27, 2003 Do A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. Continued to the June 24, 2003 BCC Meeting -5/0 me Appointment of members to the Community Character/Smart Growth Advisory Committee. Resolution 2003- 191 Re Appointment of: Dwight Oakley and Bradley Cornell (effective immediately); Thomas "Chad" Lund and Gavin Jones (effective June 1, 2003)- Adopted 5/0 LDC language to reflect fire stations as permitted use in agricultural zoning. (Commissioner Henning) Affirmed -5/0 Ge Recommendation that the Board of County Commissioners indicate intent to renegotiate and approve a County Attorney Employment Agreement with County Attorney David C. Weigel. Staff to continue negotiations, clarify language and bring back on June 10, 2003 agenda-5/0 10. COUNTY MANAGER'S REPORT Board direction relative to a request from Kensington Property Owners to be removed from the Livingston Road Phase II Beautification MSTU. (Mike Smykowski, Director, Office of Management and Budget) Approved to be withdrawn from MSTU effective upon payment of debt - 5/0 Request that the Board approve a resolution providing for the establishment of an advisory committee to provide input and assist staff with the restudy of the Immokalee Area Master Plan. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-192 -Adopted 4/0 (Commissioner Coyle out) Approve the Settlement Offer to compromise lien imposed in Code Enforcement Case entitled Collier County v. Richard L. Knibes, CEB Case No. 99-073. (Joseph K. Schmitt, Administrator, Community Development) 6 May 27,2003 De Approved as contained in the Executive Summary - 4/0 (Commissioner Coyle out) Approve a budget amendment for $51,030 and a Tourism Agreement Amendment with the City of Naples for a TDC Category "A" Grant for Gordon Pass Jetty Sand Tightening, Project 90278, in the amount of $131,113. (Joseph K. Schmitt, Administrator, Community Development) Approved subject to TDC approval -5/0 Companion to Item 10 F: Adopt a Resolution implementing the 2003 Boat Launch and Beach Access Master Plan and direct staff regarding potential funding sources. (John Dunnuck, Administrator, Public Services) Resolution 2003- 193 -Adopted 5/0 Companion to Item 10 E: Adopt a policy establishing a rational funding Nexus between public beach use and renourishment for Tourist Development funds. (John Dunnuck, Administrator, Public Services) Item to go back to CAC and TDC to be discussed; parking and boating access needs to be provided to residents and future residents - Approved 5/O Added G. Recommendation that the Board of County Commissioners, conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement. All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by the county for construction by private parties of Whippoorwill Lane. (Staff Request) Approved - 5/0 subject to County Attorney review 11. PUBLIC COMMENTS ON GENERAL TOPICS Ken Thompson regarding public nuisance of neighborhood bar on Bayshore Drive. Frank Benninger re access to the Picayune area Bob Krasowski regarding zero waste 12. COUNTY ATTORNEY'S REPORT 7 May 27,2003 13. Ae This item to be heard at 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Hams Act Claim), Case No. 03-1609- CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. Closed Session Be For the Board to provide direction to outside counsel, Ted Tripp, Esquire, and the Office of the County Attorney as to settlement negotiations and litigation expenses in the pending litigation case ofAquaport v. Collier County, Appeal Case No. 03-1129 l-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. Insurance Company to address a settlement consistent w/insurance policy and not to exceed $5.00 -Approved 5/0 OTHER CONSTITUTIONAL OFFICERS Ae To present to the Board of County Commissioners the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 2002. Presented Be To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners for the Fiscal Year ended September 30, 2001. Presented 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Be Letter regarding road interest donation in South Golden Gate Estates and road network system from SFWMD. Discussion regarding Airport System Assessment Discussion regarding CCPC recommendation on neon open inside signs 8 May 27, 2003 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes -5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) 4) 5) 6) Approve a Change Order to Work Order No. WMI-FT-01-08 amendment under Contract No. 99-2981, "Agreement for Fixed Term Land Surveying and Photogrammetric Services", with Wilson Miller, Inc., for converting AutoCAD data directly to GIS, in the amount of $25,000. Request that the Board of County Commissioners execute a Satisfaction of Mortgage in recognition of completion of excavation work. Property Owners: James Fink, John F. Martin and Lynne Hyatt Bello F/K/A Lynn Louise Hyatt Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2002-026; 2002-023; 2001-080; 2002-020 and 2002-036. Approve a budget amendment recognizing the Fiscal Year 2004 State Housing Initiatives Partnership (SHIP) Program allocation and budget. Approval of the Satisfaction of Lien for Case No. 2003-02 styled Board of County Commissioners Collier County, Florida vs. All Brothers Painting, Inc., a Florida Corporation violation of Ordinances No. 99-51, as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. Approval by the Board of County Commissioners of the agreement between Collier County and the Collier County Hunger and Homeless Coalition designating Collier County as the lead agency for the Annual Department of Housing and Urban Development (HUD) Continuum of Care Grant Application, authorizing consolidated 9 May 27, 2003 application submission to the United States Department of Housing and Urban Development, authorizing the Chairman of the BCC to sign agreement on behalf of the County, and providing for an effective date. 7) Authorize Assistant County Attorney to bid on behalf of County at Foreclosure (Code Enforcement Lien) Sale scheduled by the Clerk in Board of County Commissioners v. Lorraine Burgess, Case No. 02- 0848-CA, for June 3, 2003. 8) Approval of one (1) impact fee reimbursement of $103,946.65 due to overpayment. To D. Garrett Construction, Inc. 9) Approve a budget amendment returning excess funds to the reserves and approve a Tourism Agreement with the City of Naples for sand web system monitoring, in the amount of $197,965.25. 10) Board consideration for approval of previously disapproved tourism related invoices in the amount of $1,631.99, submitted by Prutos Public Relations, Inc., as recommended for approval by the Tourist Development Council; Staff and Clerk recommend approval in the amount of $1,223.88. 11) Recommendation that the Board of County Commissioners approve the final Interlocal Agreement with the Collier County School Board for coordinating land use and school planning as required by Chapter 2002-296 Laws of Florida. 12) Recommendation that the Board of County Commissioners approve a Third Amendment to the Interlocal Government Agreement with the City of Naples for the development of Hamilton Harbor Marina Project. 13) Board of County Commissioners as the Community Redevelopment Agency. Approve Selection Committee ranking of firms for contract negotiations for RFP 03-3473 for creation of a land development overlay plan for the Bayshore/Gateway Triangle CRA District. Contract negotiations to begin with ltDR Engineering, Inc. 10 May 27, 2003 14) Board of County Commissioners as the Community Redevelopment A~enc¥. Recommendation that the Community Redevelopment Agency (CRA) approve the utility and road project proposed by Freeman and Freeman, Inc., in response to the allocation of $200,000 from Fund 186 towards utility and road projects in the Immokalee Redevelopment District. B. TRANSPORTATION SERVICES 1) Approve Contract Amendment No. 97-2715-A06 with Agnoli, Barber and Brundage, Inc., for the Lely Area Stormwater Improvement Project (Project No. 51101) in the amount of $70,000. 2) Approve selection committee's recommended short list of consultants for RFP #03-3509, "Consulting and Design Services for Capacity Improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road", County Project No. 60005. Contract negotiations to begin with American Consulting Engineers of Florida, LLC 3) Recommendation to award Bid #03-3494-Annual Contract for Reworking of Shoulders, Slopes and Roadside Ditches, for the approximate annual amount of $50,000. Awarded to Florida State Underground, Inc. as primary vendor and Better Roads as secondary vendor. 4) A resolution authorizing a speed limit increase from twenty-five miles per hour (25 MPH) to thirty-five miles per hour (35 MPH) on Coronado Parkway at a cost of approximately $200. Resolution 2003-182 5) Reject bids received on Bid #03-3515 for purchase and delivery of replacement bus seats. 6) Approve two separate Memorandum of Understanding documents with the South Florida Water Management District. Lely Area Stormwater Improvement Project and Royal Wood development water permit modification application 11 May 27, 2003 7) Approve the $90,000 purchase of Lot 44, Palm River Estates Unit 7, Block "A" (Project Number 51017) providing for access to the County owned and operated Palm River Water Control Structure. Property owner: Charles B. Shields, Jr. 8) Approve the fee simple purchase of Lely Area Stormwater Improvement Project (LASIP) Parcels !- 102 and 1 - 104 for construction of a stormwater retention pond. (Fiscal impact $22,450, Fund 325, Project 51101) Property owners: Roy Shettlewood and Lena Ray 9) Authorization to submit a Service Development Grant to the Florida Department of Transportation for a Marco Island Collier Area Transit Route. lO) A resolution authorizing implementation of twenty miles per hour (20 MPH) school zones as previously installed at twenty-nine (29) existing locations throughout Collier County at no additional costs to the County. Resolution 2003-183 C. PUBLIC UTILITIES 1) Approve a Budget Amendment to create a new Public Utilities project to prepare a 1 O-year water supply facilities work plan in the amount of $54,652.60. Public Utilities Administration to execute work order 2) Approval of Letter of Intent addressed to the U.S. Army Corps of Engineers in an effort to participate in an Ecosystem Restoration Project at Vanderbilt Lagoon, Naples. 3) Approval of a contract amendment with the South Florida Water Management District to continue participating in surface water quality monitoring of Big Cypress Basin for a reimbursed amount of $100,000. Contract # C-12250-A01 12 May 27, 2003 4) Approval of one (1) impact fee refund request for Boys and Girls Club totaling $44,210. 5) Approve a budget amendment in the amount of $475,000 to fund unanticipated expenses in the North County Regional Water Treatment Plant Cost Center by transferring funds from the South County Regional Water Treatment Plant Cost Center Operating Budget. 6) Approve amendment to Work Order JEI-FT-02-01 for engineering inspection services related to the Port-Au-Prince Utility Replacement Project 73060 and 70074, in the amount of $20,237.50. With Johnson Engineering, Inc. 7) Approve the standardization and the purchase of an Aquatech Mobile Catch Basin and High Velocity Combination Sewer Cleaner in the amount of $173,652. Awarded to Pat's Pump and Blower, Inc., Orlando, Florida Withdrawn 8) Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. D. PUBLIC SERVICES 1) Approve a Memorandum of Agreement with the District School Board of Collier County for use of school cafeterias in conjunction with the Summer Food Service Program. 2) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County-owned property for conducting a July 4th Fireworks Festival. At Sugden Regional Park E. ADMINISTRATIVE SERVICES 13 May 27,2003 1) Report and ratify staff-approved change orders to Board-approved contracts. 2) 3) Approval of a lease agreement with the Economic Development Council of Collier County for use of County-owned office space in Immokalee for an annual revenue of $1,000. Resolution 2003-184 Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover increase costs associated with the new contract. Award to One Source Facilities Services Inc. 4) Approve contract amendment involving Contract #00-3131, "Professional Landscape Architectural Services". (CPI hourly rate increases) A. Gail Boorman and Associates; IBIS; J. Roland Lieber, PLLC, Landscape Architects; McGee & Associates; Outside Productions, Inc. $) 6) 7) Approve contract amendment involving Contract #02-3324, "Fixed Term Surveying and Photogrametic Services". (CPI hourly rate increases) With Johnson Engineering, Inc.; Q Grady Minor & Associates, PA; Agnoli, Barber & Brundage, Inc. and Wilson Miller, Inc. Recommendation to award Bid No. 03-3503, File Retrieval and Retention Services, to Robert Flynn Moving and Storage (estimated value $33,000). Request approval of a First Amendment to a Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's Office. COUNTY MANAGER 1) Approval of an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $24,000 to fund equipment and training materials for the Community Emergency 14 May 27, 2003 Response (CERT) Program and approve a budget amendment to recognize and appropriate the revenue. 2) Approve Emergency Management Department Application for a $20,000 matching grant (75/25) offered by the Florida Department of Community Affairs. The purpose of the grant is to revise and update the local mitigation strategy to comply with the Disaster Mitigation Act of 2000. 3) Approve an agreement between the State of Florida, Department of Community Affairs and Collier County in the amount of $17,802 to fund the Citizens Corps Program and approve a budget amendment to recognize and appropriate the revenue. # 03CC-96-09-21-01-429 4) Approve a budget amendment in the amount of $5,400 to install new fire hydrants in the Isles of Capri Fire District. 5) Approval of Budget Amendment Report-Budget Amendment #03-305 for 2% charged back from the Collier County Tax Collector for Ad Valorem collections in the amount of $300, and for secretarial services for minute taking at MSTU committee meetings in the amount of $2,500. Budget Amendment #03-309 in the amount of $3,309 for the replacement of Multilayer SW Image Power Cord for the operation of computers at remote sites. 6) Recommendation that the Board of County Commissioners award Bid #03-3508 in the amount of $30,000 for horticulture debris hauling and disposal to Wherry Truck Lines, Inc. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 15 May 27,2003 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. 2) Recommendation to approve a resolution between the Board of County Commissioners and Sprint Telephone Company of Florida for the Sheriff's 911 System. Resolution 2003-185 K. COUNTY ATTORNEY 1) Recommendation that the Board approve an agreement for Collier County partial funding of the Collier County Legal Aid Society, Inc. 2) Approve the stipulated final judgment relative to the fee taking of Parcel No. 203 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Direct Staff to deposit $933.00 into the Registry of the Court 3) Recommendation that the Board of County Commissioners waive the purchasing policy, to the extent that it is necessary, and approve/ratify the County Attorney's retention of Trauner Consulting Services to assist in potential claims in connection with the North County Water Reclamation Facility 5-MGD Expansion Project. 4) Board approval to utilize up to $45,000 of the settlement funds received from the Arden Courts and Manor Care at Lely Palms Assisted Living Facilities to pay County Attorney's fees and other costs incurred in the collection and litigation of unpaid impact fees; these funds to be used to reimburse the County for the pro rata share of costs associated with collecting educational facilities impact fees only; approval of appropriate budget amendment(s). Authorize the County Attorney's Office to reject a Business Damage Claim and make counter-offer of $45,000 to settle a claim by Tree Source Inc., associated with the acquisition of Parcel 132 in Collier 16 May 27, 2003 17. County v. Treesource, Inc., et al, Case No. 02-5167-CA (Immokalee Road Project #60018). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ae A resolution by the Board of County Commissioners of Collier County, Florida, approving the Collier County Second Amended Consolidated Plan One-Year Action Plan for Fiscal Year 2001-2002 for Community Development Block Grants (CDBG) funding, authorizing necessary certifications, approving execution of CDBG sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, authorizing submission to the United States Department of Housing and Urban Development (HUD), and providing for an effective date. Resolution 2003-186 Moved to Item #8C B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and low environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone 17 May 27, 2003 is located on the west side of Old U.S. 41 immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002- AR-3245, Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing the Bay Forest Homeowner's Association, requesting an amendment to "The Bay Forest" Planned Unit Development (PUD), to permit a real estate sales office as a permanent use and limited to the resale of residential units within the Bay Forest PUD for Property located on the west side of Vanderbilt Drive (CR-901) and south of Audubon Boulevard in Section 8, Township 48 south, Range 25 east, Collier County, Florida. Ordinance 2003-24 Moved to Item #7A D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber and Brundage Inc., representing Collier County Board of County Commissioners, requesting a Conditional Use for a Regional Park in the "A" Rural Agricultural Zoning District per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 212.77+ acres. te Recommendation that the Board of County Commissioners approve an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes and substantive criteria including the consideration of future amendments to the County's Growth Management Plan and implementing land development regulations. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 May 27, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 27~ 2003 Correction to Item 8B: Page 2, first paragraph (3rd and 4th lines) the sentence should read: "The new provisions include an application process for projects eligible for the waiver of the upfront payment and provides for the issuance of a Certificate of Adequate Public Facility." (Staff request.) Add Item 10(G): Recommendation that the Board of County Commissioners, conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement. All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by the County for construction by private parties of Whippoorwill Lane. (Staff request.) Withdraw Item 16(C)8: Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. (Staff request.) Move Item 17B to 7A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3569, Robert Duane, of Hole Montes Inc., representing North Naples Golf Range, Inc., requesting a rezone from the "PUD" Zoning District (Gadaleta PUD) to a new Planned Unit Development (PUD) District to be known as the North Naples Research and Technology PUD. This project will accommodate research and technology uses and Iow environmental impact manufacturing according to the research and technology park district of the future land use element. A minimum of four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located on the west side of Old U.S. 41 immediately south of the Lee County Line, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. This property consists of 19.3+ acres. (Staff request.) TIME CERTAIN ITEMS: Item 12A to be heard at 12:00 Noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and strategy related to litigation expenses of the pending litigation case of Aquaport v. Collier County, Appeal Case No. 03-11291-B, now pending in the United States Circuit Court of Appeals for the Eleventh Circuit, and Aquaport v. Collier County (The Bert Harris Act Claim), Case No. 03-1609-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit. PROCLA~ffA TION an iml~rtant service of the ~ollier ~ounly and University of Florida Extension is to inform gardeners about southwest Florida eco= friendly urban gardening; and. WHEREAS, certified volunteers per~orm a crucial role in this service; and, the urban horticulture program teaches res/dents what plants are appropriate to Collier Counl}/'~ d/mate and how to care for them/n a Florida friendly way to reduce watering and storm water ~unoff; and, these volunteers who have become A~aster Gardeners, have 9iven their t/me to receive training, and continue to donate their t/me. which in 300~ an add/t/anal ~vo and one- half more NOW Board time benefit tax base Florida, of COI)~TY TOff HENNZN~, ~N A T'rEs ~: WHEREAS, H/HEREA$, WHEREAS, NOH/ PRO,LA,IfA TXON The National Association of Counties (NACo), is an organization that advocates and supports the operations of local governments; and, the National Association of Counties, seeks to annually recognize programs that are exemplary in nature and promote volunteer efforts through the "Acts of Caring Award"; and, Collier County Goven~ment, supports the Retired Senior Volunteer Program (RSVP), which provides opportunities for seniors and retirees in the community to make a difference through volunteering; and, the Retired Senior Volunteer Program has worked with Highlands ' Elementary School the last three years, to link volunteers with children who were learning to read and speak English as a second language; and, the Retired Senior Volunteer Program was recently recognized by the National Association of es as a "E003 Acts of Caring," award recipient for their wo~ atHi ,; and, the traveled to~Washi~°n, DC tq/ Downey, recently behalf of Collier proclaimed ::April 27. ?h~ough. May 3, and called ':on all Americans to ~oin:togeth~'~ ~o cai work thativolunteers prior, re:every· ~ay-~ac~ss commit th~mselves'.to, de mo~e:~o~ their neighbors of of cai.. of this lunteer Week invaluable and to h the of Collier the volunteers for their receipt AND ORDERED 1'/~$ BOARD OF COLIIVTP/ COIithIZ~ONER5 TOff H~VALTNG, CHAXR~AN ATTEST: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW PROCLAMATZON Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and, Code Enforcement Officers deserve recognition for the jobs that they do in protecting lives and improving neighborhoods, as are emergency personnel such as police, fire end emergency medical services; and, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community: and, . too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise: and, Code responsible of thei~ :~ serve; well trained and highly seriously and are proud I: within which they of has government of be APPR! Jn the Car Code of to join this and who serve as our DONE AND ORDERED TH]:S ZTth day of May Z003. BOARD OF COUNTY COMNLTSSZONERS FLORIbA TOM HENNING, CHA~'~ ATTEST: PROCLAMA'rZON : WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, The Boa~ of County Commissioners of Collier County supports homeownership opportunities for all citizens of Collier County; and, The Boa~cl of County Commissioners of Collier County supports housing assistance to very Iow and Iow income families: and, The Boa~cl of County Commissioners of Collier County works cooperatively with other public and private sector organizations to create an adequate supply of decent, safe, sanitary, and ' affordable housing for all citizens of Collier County: and, The Boa~cl of County Commissioners of Collier County ~ecognizes that the United States is one of the first countries in the world to make homeownershi for a majority of its people. Thanks to .~ industry and been opened to it lake the host its 5t~ 2003, ity Center. EXPANS ~ of h Sune DONE AND ORbERED BOARD OF COUNTY COMM/:SS];ONERS COLLT CO TY, FLORZDA TOM HENNIN6, (gHAIRMAN ATTEST: PROCLA~AA TXON 4E WHEREAS. the ~ul£ of ~xico a~d man~ natural and manmade water foe ~c~ational b~ti~ and fishi~, and; the ~c~ational booting indus~/ is vital to the Collier County economy and also to the p~omotion of act/v/t/es that enhanc~ the Iiws of coun~ r~sid~nt$ and visitors, and; WHEREAS, recreational boatin9 and f/shin9 a~ lifetime activities thaJ promote active lifestyles, health), families, and environmental stewardship amah9 p~ople o£ all ages and backgrounds. NOW THEREFORE, b~ ff peo¢laim~d by rh~ Board of County Commissioners of Collier Count,: 2~t - 8~h, 2005 is DONE ANI~ ~ in boating and a part BROCK, CLERK Comer county Tl~rougl~ tl~e Years: K View ~om tile ~ourlll 6ratle [ l~a! 2003 Publl$11eti by ta#e Par# !!lementary Pint Size Publlsllers $5.00 Collier County Sl~eclllcs Native Comer County A Brlel Bit ol florltla History Tl~e Beginning... The Growth ol a County present Day Collier Welcome to our view of Collier County. We invite you to join us on our joumey through the world of magazine creation and publication. This was a journey that taught us as many unexpected les- sons as it did expected ones. It brought us into the world of the local business community, and it invited the business community into our classroom world. Our travels have been rewarding. Our journey began in September 2002 with Newt Barrett. With his help and weekly visits, we began brainstorming topics and articles for our magazine. We created the title and overall layout. We then began the research for our articles. As our articles began to take shape, we turned to our next les- son, the world of advertising. This turned into one of our most enjoyable exercises. Students became account executives and took on the responsibility of selling advertising space. We took students into the local business community with power point presentations and business cards in hand to use their persuasive skills to sell ads. Students then changed hats and became advertising designers. All ads were created by the students for our local businesses. The final component of this exercise was to cre- ate invoices and collect the accounts receivable. The articles in this magazine follow our Social Studies curriculum, and were researched and written by students. The students were also responsible for editing and publishing. This endeavor would not have been possible without the help of many special individuals. We would like to thank Mr. Newt Barrett, Mrs. Teresa Heitmann, Mrs. Mary Lindquist, Mrs. Elicia Myer, and Mrs. Amy Kalmans for their untiring efforts. We would also like to thank our Gold Sponsors whose contributions have helped to defray the cost of production. We have been overwhelmed by the support that we have received from our local community. It is amazing what we have been able to achieve. Lianne Elliott, Ronna Smith, and Kelly Desrocher 4th Grade Teachers, Lake Park Elementary School Collier County, Naples, Florida i~l~ewat~r Beach Hotel t: 1901 Gulf Shore Boulevard, Naples, Florida 34102 [ Tel: (239) 405- 2000 Fax: (259) 405- 2100 IL ..... ...................................... www'edgew~t~rr~ples:c°m _ Table of Contents 5 11 19 27 41 51 60 Collier County Specifics Native Collier County Early Florida History :In the Beginning .... 1890-1930 The Growth ¢ontinu¢$...:~940-:1950 Present Day Our Magazine Tokes Shape Bank of Naples, keep money special services 4 Where Are We? ~, ~ third planet from the ~ ~merico, Iocot~ in the Northern Hemisl~.~e The ~ted States of located in the ~ern ~ of North Ameri~ :Zf you want to find Naples, Florida, first, find the planet Earth. Once you have found Earth, look in the Northern Hemisphere above the equator to find the continent of North America. Next, look south of Canada to the country of the United 5tares of America. Then, look to the 5outheastern states, and you will see the Sun- shine State of Florida. To get to us in Naples, go southwest to- .rds the Gulf of Mexico. Look for Collier County, just south of County or Ft. Myers. Right on the Gulf of Mexico, you will Ia- cate Naples, Florida. Welcome! Florida, located in the southeastern part of the United States Collier County, located in 5outh West Florida 5 What is it like here? Climate of Florida Every place on earth has o unique climate. In Florida, the climate is usually sunny. That is why we are called the "Sunshine State". That means we are usually the warmest statd Want to know why? First, because we are the closest to the equator. Also, Florida is really close to sea level. Once summer comes, the ocean breezes cool Florida. When winter arrives, the ocean winds warm our state. Florida is o very humid place. Most of Florida's air has water in it. The average humidity in our county is 84%. Our average tempercrhJre in Collier County is 74 degrees. Florida is one of the wettest states. In Florida, the average pre- cipitation is §3 inches per year, with the most rain falling during our rainy season, May through October. ~Tan Feb Mar Apr May ~une ~uly Aug Sap Oct Nov l High 77 76 82 86 88 gO 9! 92 9! 87 83 78 I Low 53 §2 §7 6! 66 70 72 72 72 66 60 55 I Rainfall 1.9 2.0 2.3 1.7 4.§ 7~8 8.0 8.5 9.2 4.0 !.2 !.4 IGulf Temp. 66 66 71 77 82 86 87 87 86 8! 73 68 : Hurricanes Once the winds of a tropical storm reach 74 miles per hour, you have a hurricane. Hurri- canes are a special kind of weather that we have to look out for here in Florida. Hurri- canes get their names in a very special way. Each is named alphabetically. One famous hurricane that hit us here in Naples was Hurricane Andrew. Determining the path of a hurricane can help save many lives and help us prepare for the flooding that comes along with the winds. Scientists track hurricanes along lines of lati- tude and longitude. They send special planes into This is cm picture of Hurricane Andrew that struck Florida, in August. 1992. the hurricane to help determine its path and its strength. There are two main parts in a hurri- cane. One is the eye, which is usu- ally calmer than the other part. The other is the wall of clouds. This is where there is the strongest wind and the most damage when it hits. Hurricane Tips Board up all the windows. Take all your toys inside so they don't blow away. Get in your car and drive inland to wait out the storm. ,~j~ Don't forget about your animals! Who Are Who reolly lives in Collier County7 IRony people from oround the world ond the U.5. come to visit us ond decide to stoy. Even though we hove 251,377' people living here, we ore not the Iorg- est populoted county in Florido. We ore the sec- ond fostest growing oreo in the United stores! Over the lost 21 yeors, our populotion has increosed dromoticolly. this rote, it is estimoted thor in 2010 we will hove obout 353,000 people living in Collier County. There ore mony different kinds of ,le thor live here in Collier County. give you more informotion. At Below you will see some 9roPhs *2000 census informQtion Female IMale , or African Americm'~ Indian and Alaska Native Hawaiian and other Pacific or mo4*e rages other mca ~or Latino 11 49 I Natural Ineraa~e 7 How do we use our,/and? 70% of Coil/er County is made up of agriculture, conserved land and forest. Onh/ 30% of Collier County is Urban. Forests are the dominant land use, and they cover almost 50% of Collier County. ]~ncluded in that number are lands conserved for habitats, Preserves, end wildlife refuges. Collier County is actively pursuing the purchase of additional land for greanspace Preservation. Collier County is fortunate to have many ~olf Courses and recreational parks. Golf Courses 65 Neighborhood Parks 10 Community Parks 14 Beach & Waterfront Parks 10 Boat Ramp parks 5 Other Facilities 2 Regional Parks ! School Site Parks 5 The Big Cypress I~tional P~eserve Florida Panther National Wildlife F. verglades National Park Rookery Boy National Parks Collier County has, within its borders, some of the most esteemed State and National Parks, Preserves, and wildlife refuges in the state of Florida. Corkscrew Swamp Sanctuary Fakahatchee Strand State Preserve Collier Seminole State Park Cape Ramano-Ten Thousand Zslands Aquatic Preserve 8 5A WACHOVIA 9 Native Collier County Collier County was once home to I~tive Tribes that found the land could supply plenty of food and shelter for them. 5oma of these tribes came because they wanted to...others came cause they were forced to. I Winter Hunters of the Great Mastodon The first humans reached southwest Florida at least t0,000 years ago, when the climate was colder and drier. They lived in small, widely scattered bands called Paleo Indians. They lived by hunting, fishing, and gathering wild plants for food. The first evidence of early man in Collier County was discovered in a Bay West site in 1980, northeast of Naples. Paleo Indians had sharp tipped arrows and spears, which they used to kill the mastodon (a large hairy elephant-like creature). The spears were so sharp, they could pene- trate a tree! They usually lived near streams, rivers, and lakes. Their houses were made out of branches, grasses, and hides. l! 5A I The Calusa Courageous Hundreds of years ego, before Columbus set foot in America, Florida's fierce Celuse Indians surrounded the Gulf Coast. One dominant chief ran the tribe. He controlled over 50,000 tribe members. The men and boys were muscular end had lengthy heir. The Celuse ];ndiens made their houses from palm tree wood and they used the leaves of the trees to make roofing. They used mud to seal cracks in roofs. They sometimes would build little rooms to store food for winter when ell of their crops died. If they ever ran out of food they would move farther down south where food was more plentiful. Of course, you ere wondering, what did they eat? They used the leaves from palm trees end cut them into long strips and sewed e net. Then, they threw the nets out and caught shell fish end other kinds of fish. They ate some reptiles, deer, raccoon, rabbit, end some plants. They would elsa eot mangroves. If they could not find any more food anywhere, they would send some tribe members to another tribe end get more food. The Celusa were good artists. Many wood carvings have been found of masks end of animals such es wolves, sea turtles, pelicans, alligators, deer end cats. They also used shells to make tools end eating utensils. All over Southern Florida are mounds of shells that were left from the Celuse. They left some of the shells from ell the shell fish that they ate. The shells were found on higher ground away from the tides. They elsa used the shells to trap fish after high tide. The shell mounds were different sizes end shapes, end some of them were used for s~cred gathering pieces. Whet happened to the Caluse Indians? Sci- entists believe that they were killed off by diseases like small pox end no longer lived af- ter the late 1700's. About ?00 years ago, there was a group of runaway slaves that joined together with Zndians from the Cre~k, Yuchi, and Yamasee tribes end c~ll~d th~v~ Seminoles. Seminoles m~n~ "~unaw~y". ~ 5~minol~ ~ndians hunted fo~ de~ fo~ thei~ clothing. They also hunted fo~ turkeys, alligators, panthers, antelope, ~azo~back hogs, and water buffalo for thei~ food. The Seminoles met a tribe that spoke the Miccosukee language. They partnered up into one tribe. When other slaves escaped, they joined up with the Seminoles for freedom, shelter, and food. The Seminoles were part of the Five Civilized Tribes. The Seminole Zndians did not have many beliefs. One of their beliefs was if their crops died, they would too. That would soon change when the Spanish arrived to teach them otherwise. The Spanish also taught them about Christianity. The Seminole shelters were made of wooden poles, and thatched palm roofs. Their shelter was called a chi-kee, now known as the chickee hut. The Seminole Zndians moved throughout Florida in the 1700's. There were three Seminole Wars that were started over land grants. When they ended, over 3,000 natives were forced into the western territories of Arkansas and Oklahoma. Three hundred Seminoles were all that remained in Florida as most of the Seminoles moved west. The Seminoles were gradually forced into waged labor. 1750 13 5A 1817- Seminole Wars The first Seminole War started in 1817, and it ended in 1818. It started with battles between the Americans and the Seminoles over runaway slaves. Andrew %Tackson drove out the Seminoles living in East Florida and west of the Suwannee River. Andrew ~Tackson continued the battles and conquered forts and missions owned by the Spanish. Then Spain real- ized that their hold on Florida was weakening. The first Seminole War ended quickly in defeat for the Seminoles. This led to some Seminole leaders signing the Treaty of ~Moultrie Creek in 1832. This treaty required the Seminoles to give up 24 million acres of land and move farther south. They also agreed not to provide a safe place for runaway slaves. The war ended. I The Second Seminole War. I Some Seminole leaders i The First Seminole signed a treaty to move to War started. Oklahoma. 14 I .Seminole Wars I !The Second Seminole War was The Third Seminole War in 1835-1842. Zt started when started in 1855 and all of the Seminoles were ended in 1858. Military patrols asked to leave and move west had rewards for the capture of to Oklahoma within 3 years. ]]ndians, and they had reduced Most of the Seminoles left, the Seminole population to but a small group wouldn't give about 200 when the third Semi- up and were ready to fight, hole War ended. They began The war lasted for seven long paying a troublesome band of years. The United 5tares had i refugees to go west. After the used 1,500 men, and it cost the war ended, over 3,000 natives .:U.S. $20 million During the . had been forced into the west- war, a famous Seminole chief ern territories. Few as 300 named Osceola was captured Seminoles remained in Florida. land died in prison in 1838. I The Seminole Chief Osceola was captured and died in prison. The war ended. The Third Seminole 5A I Miccos l<ee In 1821, the Miccosukees lived on the West Coast of Florida and in Central Florida. Then, 5pain sold Florida to the United 5totes, and soon there were the ];ndian Wars. During the Tndian Wars, the Miccosukee hid in the Ever- glades. They lived in small temporary groups so that they would not be caught. About 50 Miccosukee were able to survive this way in the Everglades. The Miccosukees changed their ways and lived in temporary camps. They hunted and fished for their food. They learned about the plants that grew in the swamps and hammocks. As time went on, they formed more permanent set- tlements. They hunted alligator skins, deer hides and feathers to trade for cloth, tools, guns, salt and coffee. The Miccosukee were able to survive this way, even through the development of the coastal areas. Problems came when the Everglades National Park was formed and the Miccosukee could no longer use about 1/2 of their ancestral land. The Miccosukees had to learn to live in the 20th century. They needed to get money, education, and become more modern. The leaders decided they needed to seek aid to help them. In [962, the United 5tares Government recognized the Miccosukee as ~n official tribe. In ~97~, the tribe officially took over for themselves from the Bureau of Indian Affairs. Now, the Miccosukees have a complete educational program for themselves. To honor their heritage, they celebrate the Sacred Green Corn hence eve~ spring. Also, in an effort to have better communications between Indians and non-~ndi~ns, the Miccosukees h~ve developed a village. It is a good example of the lives of the Miccosukee. 16 17 18 Until the 1500's, the Native Americans were the only 'people to room Florida. That oll changed when the Spanish explorers come to visit. Soon, Spanish settlers come and built missions. Over time Britain, and then the United States, wonted to gain control of Florida from Spain. Zt was o time of many wars, but it ended in celebration when Florida become a state on March 3, 1845. ,Tames Oglethorpe There were many battles during this time. An Early Florida Mission 5A Juan Ponce de Leon Discovers New Land ,Tuan Ponce de Leon was born in 1460, in 5an Tervas de Campos 5pain. The first time he sailed was in 1493, when he sailed with Christopher Columbus on his second voyage. Once he got back from sailing, he and his family set- tled on an island in the Caribbean. For a short while, he was a military com- mander. In 1510, he sailed again, but this time he sailed north through the Bahamas, then headed towards Florida. He was in search of unexplored land because he was in search of the Fountain of YoutK In late AAorch of 1513, his ship landed on Florida's east coast near present day St. Augustine. Ponce de Leon claimed a beautiful piece of land for 5pain. Since he had discovered a country with lavish landscape and many beautiful beaches, the king entitled him to rename it. He named the land La Florida or" place of flowers". Finally, he decided to continue his exploration of this land and started down the coast of Florida. He encountered some rough currents that he named Cope of the Rough Currents. Later, it was renamed Cape Canaveral. Ponce de Leon continued down the east coast of Florida and along ,he keys un, il he arrived o, o land covered wi,h turtles. He named the land Dry Tortugas because there was no fresh water, and Tortugas means turtle in Spanish. Next, he continued up the west coast of Florida, and he returned to St. Augustine for three years. While here, he searched for the Fountain of Youth. As he traveled throughout Florida, he eventually met his death when he encoun- tered Calusa Indians in 5outh Florida. 2O Mission 5an Luis was home to about one thousand five hundred Spanish and Appolochee people. Mission San Luis is located near Tallahassee Florida. This mission was like a small city because of its size. The Spanish taught the Appalachee their religion. They also taught them to read and write the Spanish language. The Appalachee peo- ple started using natural resources to build their homes and build- ings. Some types of the resources were trees, clay, and leaves. Women did the cooking, weaving, and food gathering. Men did car- pent~/, metal work, while others took care of the animals. The Spanish brought fruit trees and seeds to the missions. They taught Indians to farm sugarcane, onions, grapes, oranges, and watermel- ons. They also taught the Indians how to use plows and other types of tools. The Indians taught the Spanish to grow squash, corn, and beans. Spain and Britain Bottle for Florida In 1702, .St. Augustine had fewer than 1,500 people living there. ~Tames Moore, governor of the British colony of Carolina, led 1,200 soldiers on an attack against 51. Augustine. For two months, Moore and his army fired cannon ball after cannon ball at the Castillo de San Marcos, where the townspeople were hiding. The fort was made of strong coquina, and the walls held. Additional Spanish troops were sent for, and arrived from Cuba. Moore and his troops then left, and the people of 51. Augustine had survived the British attack. lin 1733, ~Tames Oglethorpe was sent from Britain. ~Tames Ogle- thorpe's job was to start a new colony of ~eorgia. Zn 1740, he gathered his troops and started south toward 51. Augustine. With them were their American allies, the Native Americans. When Oglethorpe and his troops reached Fort Mose, o free Afri- can fort just outside the Castillo de 5an Marcos, they found oll the people of the town hod again hidden in the Costillo. The British troops burned Fort Mose, but were not able to cap- ture the Castillo de San Marcos. Again the Spanish sent for rein- from Cuba. The new troops arrived and the British forced to retreat. Spain and Britain again found themselves fighting during the French and Zndian War, from 17§4-1765. The war began between Britain and France, but soon Spain joined in with France. Britain won the war, and they signed the Treaty of Paris. France gave up most of their lands in North America. 5pain wanted to get Cuba back so they gave Florida to Britain. Florida was now a British colony. Florida was divided into East and West Florida. The British gave out land grants to get people to move to East Florida. Soon plantations began. West Flor- ida did not grow as fast as East Florida because the soil was harder to farm. During this time, the British colonies became upset with the British control, and war broke out. America won its freedom and shortly after, in 1779, Spain declared war on Britain. After about four years of fighting between Spain and Britain, a second Treaty of Paris was signed on September $, 1783. The treaty gave Spain both East and West Florida. West Florida's boundary was changed to 31 degrees north latitude. East and West Florida were difficult for Spain to control. Spain and the United States were not getting along. Spain was letting slaves run away to Flor- ida. The United 5totes had taken part of West Florida when the treaty was signed. There were thieves that stole cattle and supplies, and 5pain was sending less money for military protection. 5pain finally gave up the Louisiana area to France. The United States bought this in the Louisiana Purchase. Then the War of 1812 began and The United States again was at war with Britain. Spain was allied with Britain, and Florida soon saw fighting. Tn 1914, there was a key bottle at Pensacola. Andrew ,Tackson and his troops won. Over the next few years, the United States fought battles in Florida to drive out the Seminoles. As Andrew ~Tackson and his troops tacked Spanish forts, Spain realized that they didn't have control of Florida. They signed a treaty with the United States. In this treaty Spain gave Florida to the U.S., and the U.S. said it wouldn't collect million of debt that Spain owed. 5A In 1871, Andrew ~Tockson returned to Florida. Florida had officially become o U. 5. territory, and ~Tackson was sent ,o help organize it. In 1831, the first rail- road opened, and more and more people moved south to Florida. The First Florida Flag In the late 1830's, Florida's population had grown to approximately 50,000, and the debate over statehood hod begun. 5oma citizens of Florida thought it would be great to be considered a state, have the right to vote, and help decide the future of the United States. Others thought that Florida should remain a territory so they would not have to pay to organize a state government, but they would re- ceive the same protection of the United States. The tough task of writing o constitution for Florida followed. After :ive drafts and 34 days, the members of the territorial legislative ~roup finished their writing on ~Tanuary 1l, 1839. Those who wanted to be a state eventually won, and Florida applied for statehood in 1837. wanted to join the union as a slave state. This was a problem then there would be more slave states in the United 5totes. The congress waited 6 years before they decided on Florida. Even- tually, Congress allowed Iowa to become o state at the same time. Iowa entered as a free state and Florida entered as a slave state. The control in Congress remained the some. Florida was officially the twenty-seventh state on March 3, 1845. Floridions throughout ,he sta,e celebrated their new status. 24 25 5 A 1880--1930 the Beginning. The Birth of Collier County In the late 1800's, the only people living in Collier County were traders and squatters. Of all the cities in Collier County, Ev- erglades City was where the population grew first. There were a few homes, two businesses and a 16 room hotel. The city of Naples did not begin until 1889. It was during this time that Collier County become a county and developed. Roods were built that connected it to other Florida cities. The Orange Blossom train came to Naples dur- ing this time. This area soon became a popular place for visi- tors. ilodes , Courthouse An ~y settlers home. Collier County 27 Everglades City Begins Everglades City was the first area in Collier County to develop. The peo- >le that moved to this area were self-sufficient They fished, hunted, md farmed vegetables and other foods, gany of the settlers sent their goods to Key West, because Key West was the center of South Florida. Sometimes when they got sick, they would be sent to Key West for medi- cal attention. In 1910 a census count listed the population of the area to be 144 people. Two of these early residents were Ted Smallwood and George Starter. gr. Smallwood came to this area in 1891. He settled on Chokoloskee Island. In 1906, he built a building that was a store, a post of- fica, and a trading post. He traded with the ',,'.....~,.~ ~ ~r~. ,~ .... u, Zndians and learned their language. He The Smollwood Store gained their trust. In 1910 there was a hurricane that destroyed the 5mallwood store. It was rebuilt by the water's edge and raised by wooden poles. George 5tarter Sr. was another early settler. The Starters formed and fished. In 1887, George Starter Jr. bought some property on the Allen River, which is now the 8arran River. He opened a store and rented rooms to hunters and fisherman. The Starter family was famous for the syrup they made from their sugar cane. The Starter family home later became the famous I~od and Gun Club. The oreo of Everglades City remained remote until Borron Collier come to town in 1911. It soon become home to many construction workers who built the Tamiami Trail. [t was also during this time that the business of fishing grew, and many families made their money from fishing. Ever- glades City became the center of Collier County and the county seat was located here until 1961. 28 One Notorious Resident Ed Watson stood out in the community as one of Ever- glades City's most dangerous men. 5oma people say he killed people all over Florida along with Belle 5tart, ,Tesse ~Tames' girl friend. No one knows how many victims there may be. When Watson first came to Everglades City, he worked in the cane fields and cut firewood for jobs. Then Mr. Watson bought a schooner and got a claim to the Chatham bend for $250. There he grew cane, papayas, and beans to sell in Key West and Fort Myers. He had a steady string of workers for his form and to sail his schooner. But there was one problem. His work- ers kept turning up missing, and usually around payday. One day, the community became veto/upset when the body of Hannah Smith, who worked for Mr. Watson, was found floating in the river. Before they could investigate the murder, Mr. Watson was shot. He pulled his boat up to the 5mallwood 5tore one day, and the people of the area confronted him. When they asked him to put down his gun that he always carried, he wouldn't. The residents opened fire on him, killing him. No one knew exactly who shot him because there were so many bullets fired that day. Barton Collier Arrives Borron Collier was born in Memphis, Tennessee in 1873. He attended school only until he was 16 years old, but he still become o very powerful man. From ~, the time he was sixteen years old to the time he was ~ 26 years old he made one million dollars! He did it by selling advertising cards in trolley trains and sub- way cars. He married ~Tuliet Caines in 1907, and they had three sons, Sam, Miles, and Barton ~Tr. By 1920, his businesses included shipping, hotels, spas, newspapers, motor freight and utilities. Mr. Collier was interested in many things. Barron Collier first come to 5outhwest Florida in 1911. He moved to the oreo which is now Everglades City. He loved this oreo and so, he bought more than 1.3 million acres. He didn't just buy the land, in- stead he also invested millions of dollars to transform and develop the land. This land would soon become Collier and Hendry Counties. Tn 1922, Mr. Collier bought out George Starter and then owned the village of Everglade. He then added the "s" to its name and it be- come Everglades City. Barton Collier started a bus line in 1923 coiled the Tomiomi Tour Bus Line, which carried freight and passengers. This line initially ran from Tempo to Fort Myers, but soon wes ex- tended to Marco Tslond. Mr. Collier also had o trolley in Everglades City. It was the only one south of Tampa! Collier County first became o county when Mr. Collier agreed to fin- ish the Tomiomi Trail, the road that would connect Tempe and Miami. The county was named after him. Borron Collier died in 1939 at the age of 66. He was left in the mem- ory of his wife ~Tuliet and his three sons, $om, Miles, and Barton ~Tr. 3O The Rod end Club The Rod and Gun Club was a nice place for rich and famous people. Presi- dent Eisenhower stopped for a bite to eat during the dedication of the Everglades National Park. The Rod and Gun Club is located on the Barron River in Everglades City. The original building was the home of one of the original settlers to Everglades City. Barron Collier once owned the Rod and Gun Club. Today it still gives visitors a taste of what old Florida was Ii The Building of the Tamiarni Trail The opening of the Tamiami Trail, 74 years ago, changed Southwest Florida forever. The trail was 274 miles long. They began surveying for it in 1915. The ac- tual work started in 1916. The building of the Tamiami Trail was very difficult and dangerous. The first surveyors had to use machetes, saws, and oxes to clear a trail in the swamps and brush. While doing this the weather was hot, humid with swarming, biting insects. While working in the swamps, they also had to be careful of snakes and alligators. The building of the Tamiami Trail slowed down when America entered World War I, and stopped completely by 1921 because there was no more money. Bar- ran Collier stepped in to complete the pro~ect. The project took hundreds of workers, and used 600 lbs. of charges of dynamite to blast through the lime- stone. The Trail opened on April 26, 1928. In the first few hours after it opened, a driver fell asleep and the first crash happened. Despite all the difficulties in building the Tamiami Trail, it is an important road bringing in both tourist and residents. 31 cleaning your cloth~ packaged can get out 32 Naples Begins Walter Haldeman We have seen his name all over Florida history, but who is this Haldem~n? And what did he have to do with Naples hi story? Get ready to fly into history starting back in 1821. Walter Haldeman was born in Louisville, Kentucky on April 27th 1821. At the age of 19 he began a newspaper career, causing him to have mountains of money.. In 1885, Mr. Haldeman came with Col. Williams, his friend, to the Gulf of Mex- ico. They sailed along the Gulf until they saw the beautiful beaches along the coast that is now Naples. They thought that this was the place they wanted to be, so they bought it, and planned to build their town. Mr. Haldeman and Col. Williams formed a company called the Naples Improvement Company, and set about selling plots of land to their friends and family. They also found other people, even famous ones like Rose Cleveland, that were in- terested in being permanent or winter residents of Naples. After awhile, Col. Williams sold his share of the company and Mr. Haldermn was the only owner. He changed the name of the company to the Naples Land Company. Palm Cottage Right next to the pier is the sec- ond oldest home in Naples, Palm Cottage. It was originally used as a guest house for the overflow from the Naples hotel. Zt was built in 1885 by Walter Haldeman. Mr. Haldeman died in 1916, and then other people owned the cot- tage. Walter Parmer owned the cottage until 1939. Then George Hendrie bought it for $8000 in 1944. Also, in 1944 a hurricane hit and hurt a lot of homes by the beach in Naples, and the Browns had to move to Palm Cottage. They lived there until Mrs. Brown died in 1978. Palm Cottage also had some famous people stay there like Gary Cooper, Heddy Lamer and Robert Montgomery. Now Collier County's Historical 50- ciety acquired Palm Cottage for its headquarters. Also Palm Cottage is listed with the National Registry of Histori- cal Places. '~ It is o great place to see some of Col- lier County's history! 33 The (:enter of No The Naples Pier- Built 1888 A man named Walter Haldeman, who owned a newspaper company, came to Florida and bought Naples. The first thing Mr. Haldeman did was to build the Naples Pier. He needed to have some- where where boats could dock and let off the visitors and residents to the new town. The pier was made out of wood and the end of it was shaped like the letter T. The pier was used for boat docking and fishing. Today, peo- ple still walk on the Naples P/er and they still use it for docking boats and to fishing. The pier was damaged and rebuilt a few tim~s, but each time it kept it's original design. It is all because of Walter Haldeman. The Na Hotel- Built 1889 When people came down to Naples, Florida in the winter time they stayed at the Naples Hotel. The Naples Hotel was one of the first buildings Mr. Haldeman built here in Naples. Zt was important to have a place for people to stay when they were here. The Naples Hotel had celebrities stay there such as Thomas Edison and Rose Cleveland. The Naples Hotel had 16 rooms at first. Zt soon was expanded and became the center of social life of the winter guests. Tn 1916 the South wing was added, and in the early 1920's a North wing was constructed. 34 Zntertsting Naples Tidbits The Orange Blossom first arrived in Naples in ~Tanuary 1917. The Orange Blossom Special was a fast, luxury winter season only train that brought passengers from the Northeast to Florida. The train could go over 90 miles per hour. The train had a club car, diner and up to 9 Pullman cars. The train used to stop in Naples at the Naples Depot, which is still a Historic Site. Service ended for the train in 1953. The Orange Blossom Special Speed Menefee is known as our 1§ minute mayor. Zn 192§, Naples became a city and they needed to have a mayor. Everyone agreed that no one else should be mayor besides Speed Menefee. Speed didn't really want all of the requirements for mayor, but he agreed to serve for 15 minutes. He was sworn in, then resigned, and ,Tudge E. G. Wilkerson took over. one was ever sure of Speed's ex- ~ct age, but their best guess in 1957 was 7§ years old. Speed lived in Naples for more than a half of a cen- tury. The Stewart Family I ved in Naples during the early 1900's. Captain Charles Stewart was a su- perintendent for Mr. Haldeman. He was the skipper of the Ban Temps, a supply boat that ran between Naples and Ft. Myers. He married in 1902 and built a house on Broad Avenue. Captain Stewart helped build the first school in Naples, and his son Arthur was the first graduate of the high school. ]~n 1908, Captain Stewart became the first postmas- ter of Naples. 35 The Old N ples Building Historical buildings in Naples have worn many hats, and had many uses. Here is a look at the ABe's of one of our historical buildings... A variety of churches Barber shop County branch library ~rug store Eatery Fantozzrs Gourmet shop High school carnival site Indoor dance studio ~Tewelers Key commercial shops Library Movie theater Naples office building Old Tomiomi Trail bus station Post Office Whot might be next...? 36 Immokalee Begins . There is a lot of history about Immokalee that you may not know. Immokalee at one time was a hammock, and a hunting ground for the Calusa Indians. Did you know that about Immokalee? In 1872, the first permanent settlers, the hendry family, came to Immokalee. The next permanent settlers that came to Immokalee were the Allen family, and they lived in Immokalee for 25 years. In 1885, the Browns family, the 3rd )ermanent settler family, moved to Immokalee. The Brown family was involved n most of the Indian trading. Mr. Brown was one of the few white men who could speak the Seminole language. Mrs. Brown taught the Seminole children to read. In 1914, the Roberts family settled in Immokalee. They started a cattle ranch with 40 acres of land. The ranch was named Robert's Red Cattle Company and ~ed a significant role in the Florida cattle indus- try. They devoted their lives to cattle ranching. Many people believe Immokalee started out as an ag- riculture area, but it was first a trading area and a cattle ranch area. Today 15.2 acres of the original Roberts Ranch is being used to teach about the Immokalee history. Ag, riculture developed in the southern portion of Collier County after Barton G. Collier finished working on the Tamiami Trail in 1928. Ochopee and Copeland areas ore included in the southern portion of the County. Growers started moving to the Immokalee area in the 1930's. agribusiness sales are around $250 to $300 million every year in Collier Count,~. Today, smaller farms have merged together to create larger :arms. Present-day farming uses high-tach sys- ized equipment. Agribusiness is very important to the economics of our County. Growth of agribusi- ness is best described as one word, "Changed". 37 .4 We have,an ~ atr~ Caribbean and dinner. Tropical for dessert! Road, Naples, FL ~4108. Phone (239)598 -3300 Fax ~ Naples, FL 34109, Phone (239)593-2OOO, Fax (239)254-33OO 38 Ma co Zsland Before bridges and condiminiums were built, Marco Island was divided into two land masses; one area that is now the southernmost part of Marco, and another that was shell mounds named Key Marco. It is now Old Marco. What is now the center of Marco didn't exist. It used to be a water outlet into the Gulf, then it became a mangrove swamp. In :[870, things changed for Marco when Cap- tain W. I). Collier came to town. He began a fishing and clamming business that still goes on today. A village grew, and three of the original buildings are still there and are popu- lar restaurants you con eot in today. Captain Bill found o ve~/rich discovery one Calusa Cat, day while he was digging soil for his garden, discovered on He found some ve~/important artifacts. The Marco Island Smithsonian Institute became interested in the site and it turned out to be an important discovery about the Calusa Indians. Many of the artifacts found were destroyed when they were exposed to the air. However, one item that survived was a 6 inch wooden brownish red statue of a cat. The Key Marco cat, as it was called, is the symbol for the lost Calusa and remains to remind us of the Calusa Indians. 39 Robert Of Philadelphia ~'hen Since 1980 Robert of Philadelphia has the finest Hair Design for you. They specialize in hair cutting and coloring. Robert of Philadelphia hair care products are especially formulated for Naples climate. Downtown Naples, FL 440 Bayfront Place 239.263.3122 www.ropsalons.com A Woman's Place Your it 1 Doctors Delivering babies for over 16 years! Jeffrey A. Heitmann, MD Robert A. Petersen, MD Michon M. Floreani, MD 1660 Medical Blvd., Suite, 300, Naples, FL 34110 www.awomensplacenaples.yourmd.com 40 5A I 1940--1960 A ~'erioJ oF C~rowt¼ For Collier Thc 1940's brought about a huge period of growth in .Naples and Collier County. Zt was also an era in which the residents worked to make improvements and helped to design how Naples would look in the future. Many of Naples prominent residents formed clubs and sat on committees to help make decisions about Naples. 5oon Naples had parks, a cemetery, and ways to navigate through the swamps. St. Ann's Church was the first church in Naples. Naples Community Hospital, the first hospital in town. 41 The First's of Collier County · Hotel (1889) · Post Office (1908) · Grocery Store (1919) · Golf course (1919) · Courthouse (1928) · Telephone Company (1929) ·Beout¥ shop (1931) ·Restouront (1931) · Rosemary Cemetery (1931) · The Bank Of Naples (1949) · Collier County News (1950) Naples first telephone company. ~y Cemetery opened in 1923. By 1931, 60 people were bur- ied in the cemetery. Edward W. Crayton donated the land to the city of Naples. Rosemary Cemetery served as Naples only cemetery until :1955. This burial ground was named Rosemary Cemetery because of the Rosemary Bushes that grew there. Rosemary Cemetery extended along what is now Pine Ridge Road from the Tamiami Trail to Goodlette Road. Mister Arthur R. Lee and Mr. Ran ,Torero transformed Rosemary Cemetery into a serene resting place for those who came before us long ago. Mr. ~Tamro even trans- ported new Rosemary Bushes from the east coast in his car. In 1976, the cemetery was donated to Collier County. A formal rededicotion was held for Rosemary Cemetery on Sunday, November 24*h, 1994 at 1:30 pm. 42 IChambcr of CommerceI The Chamber of Commerce started in 1945. Their goal was, and is to- day, to promote local businesses. They started as an advocate for ex- pansion of the local business community. The Chamber of Commerce was formed so business would have one united voice. They also could share resources. Their purpose was to represent o business point of view in the commu- nity. Also, they wanted to foster development of a professional busi- ness climate. The Chamber of Commerce represents business at all levels; local, state, and national. They started programs to create business community leaders. Naples Woman's Club The Naples Woman's Club was a group of women who met every month to discuss the needy citizens of Naples. For many years, they met and in 1932, The Naples Woman's Club was officially formed. There were only 16 charter members of the Naples Woman's Club. One of the other club goals was to try to save the beauty of Naples. The Naples Woman's Club had many homes. For example, they were housed in the Library on 518 Eleventh Avenue South, and Sixth Avenue 5auth. The Naples Woman's Club still exists today and they continue to help the needy and fight to save Naples. 43 5A ICaribbean ordens I br. Henry Nehrling studied plants and searched for a place for a garden. He found Naples in 1919 and soon after began his own garden. Before he died in 1929, he had collected more than 3,000 plants. After he died, the garden was not tended for 24 years. In the early 1950s', Mr. ~Tulius Fleishmann came to Naples from Ohio, and he bought 200 acres from the Nehrling family. Mr. Fleishmann was wealthy and he used it to hire dedicated people to restore Nehrlings' garden. He then donated the rest of the land to the City of Naples. It took the gardeners a long time and an immense effort to cleon up 24 years of weeds, vines, and overgrown jungle. Mr. Fleishmann opened his "Caribbean Gardens" to the public in 1954. At the park, there were weddings, church services, and bird shows held. When Mr. Fleishmann died, he left a beautiful garden for future children to learn. Another gift to the future generations, was his Big Cypress Na- ture Center. While they were on a trip to Naples in 1967, the Tetzlaf's family fell in love with the gardens. They never forgot Naples and the beautiful gar- dens. They decided to put animals in the gardens. They owned an animal )ark in Ohio and wanted the same in Naples. Since then, the gardens have inspired even more guests to visit and breeding programs to be started. Present day, Caribbean Gardens is now called ~Tungle Larry's Caribbean Gardens and is still a tourist attraction in Naples. 44 Everglades National Park Everglades National Park began long before it was truly a national ipark. In ]905, the National Audubon Society hired Guy Bradley to 'protect the wading birds of the rookeries. Eventually, Bradley was killed and the public demanded that the wading birds be protected. This helped create Royal Palm State Park in 1916. In 1928, a landscape architect, named Earnest Cae, began to conc~trate his efforts on a land area he had named the" Tropical Everglades National Park" which included the Royal Palm State Park. On May 30, 1934, an Act was passed by Congr~s that designated the Everglades as a national park. Now money was raised and and was secured. Thirteen years later, on December 6, 1947, President Harry 5. Truman officially opened Everglades National Park. ~e Everglades National Park was the first ~tional Park preserved for the safe~ of life and the environment, instead of for historic rea- sons. The Everglades is a very special place. Everglades National Park saved a piece of the Everglade. As growth came to South Florida, ~:~~'~~ ~ the Everglades watershed ~L. . ~ ~ ., ~ has been thr~tened. Zn 1974, the Big Cypress ~- tional Pr~erve was ~tab- : ~;~:' ' ~ ] compromise ~tween envi- ~~~~ronmentolistsandpro-~,,. ~ ~ ~,;~-~ ~, ~ *~ .~: construction supporters to ;~~ set aside this land. 45 5A 'I! The Swc mp Buggy Ed Frank was known as a "good ole boy" and also as the father of the swamp buggy. Ed Frank started in Naples as the owner of the only car repair shop. His curiosity and love of the outdoors helped him design a car that would take him out into the Everglades. Funny looking vehicles with balloon tires were the first used to go through the boggy swamp lands of Collier County. These swamp buggies were used for outings and hunting. Ed Frank and one of his first swamp buggies. The first swamp buggy races were started when hunters got together on the first day of hunting season. They loaded their buggies with enough supplies to spend a week in the gator and snake infested swamp, tn 1943, about 1;> hunters raced just to see who could win a race with neighbors. In the late 1940's, 30 to 40 hunters competed for the prize of a new shotgun. Hundreds of people watched and cheered for the races. In 1949, the "Swamp Buggy Bays" were born. There was a parade organized on November 12, 1949. It became an annual event that grew more popular. It even made a national television special. As prizes became cash, the buggies started to race faster. The new designs were too fast and loud to be used for hunting. By the late 19§0's, a e~amp buggy queen, and a mud bath for her was part of the event. Drivers now race for thousands of dollars, and thousands of fans come to watch the most bizarre and unique motor sport event. They even have the Florida Sports Park which hosts the race each year. IThis is Lonnie, a swamp buggy that broke down. 46 Some of Naples' Influential People Mrs. 5.F. Briggs and her husband Stephen 8riggs were the foun- ders of Briggs and 5trotton Motor Co. The -~=~'~~ .... Briggs home on Gordon Drive was :or many years an unofficial center of community activi- ties. Mrs. Briggs got a group of friends together to ~is~ funds fo~ hospital to be built. 5h~ ~ven hated $500,000 of he~ own money. ~n ~98~, thei~ children funded the Briggs N~tu~ Cent~ ~t Rook~ ~y in thei~ Fred Lowdermilk was Naples city manager from 1941--1961. He was known for being o creative problem solver. He shipped in dragonflies to control the mosquitoes and even put alligators in the sewer to help keep out the muck. Very quickly $380,000 was raised for public works. That was used for building sidewalks, paving streets, and later for constructing the hospital. Fred also introduced the first building regulations. During the late 19§0's and early 1960's, Fred's wife had a daily talk show. Cambier Park William Combier was the first town engineer of Naples. He served from 1926-1949. He and the city manager were in charge of imple- menting the Naples Plan. ¢ombier Park across from City Hall was named after him for all of his hard work in developing Naples. W. Roy Smith moved to Naples in 1936. In 1947, with the help of leading people Mr. Smith made up what is called the Naples Plan. The Naples Plan was to serve as a guide as to how Naples would grow and develop. The Naples Plan had $300,000 in donations from the people who lived here. ;Et was used for paving streets, designing Cam- bier Park, a mosquito control pro- gram, and growth along the beach. Smith was Naples mayor for seven terms, working from 1946 to 1960. 47 ITh¢ cbonalds uartcrs I In the lc)20's, a black community formed between Seventh Street and Fourth Street that was named "Ditch Black". In this same area, there was a Macedonian Church that also doubled as a school for 10 children. Another black community "Sugar Hill" was at the same time developing on the Tamiami Trail and Fourth Avenue. Soon, land around Ninth Street was developed and the black resi- dents were moved into this old sawmill site. Mr. McDonald was the owner of the sawmill land and let all of the black residents live there in the sawmill shacks. Everyone called this area McDonald's Quarters. The McDonald's Quarters had terrible living conditions. None of the houses had plumbing and in some there were up to 9 people liv- ing there. There were about 400 homes on 4.g acres with a popula- tion of 1,O00 people living there. In 1957, Mr. Cambridge and Mr. Primus started a movement to tear down the McDonald's Quarters. Eventually through much debate, the McDonald's Quarter was torn down and o new complex was built on Tenth Street. It was named George Washington Carver. J Todoy George Wash- the t lington Carver Complex still exists and has re- cently received a new recreation area and aquatic center. 48 5A ql 49 COASTAL NGINEERING ONSULTAN INC (.-]RANT, FRII)KIN, PEARSON, ,&THAN & -'" '~ ' (.t,~ ~.,~, P.A. ,'\ I I t'~ R N 15 Y $ ,a, 1' k A \V Business, Corporate and Real Estate Law, Commercial Litigation, and Trusts & Estates 5551 Ridgewood Drive, Suite 501 Naples, F1 34108 Phone (239) 514-1000 Fax (239) 514-0377 www.gfpac.com 50 Modern bay Naples 1960--Present bay As Naples and Collier County grew, many things hap- pened throughout the years. This "modern" time started off with a terrible storm. In 1960, Hurri- cane Donna hit, and Naples was changed forever. The Naples Airport grew and developed during these years. The golf course industry grew as more and more people moved to our area. A controversial road, Alligator Alley was built right through the Ev- erglades and we became the home of two famous ho- tels, the Ritz Carlton, and the Registry. Naples is now the ;>nd fastest growing area in the United 5tares. Can't you see why? ~les is the Golf Capital of the World! The Naples Airport has served an important role in the development of Collier Countyl The Regist~/Hotel draws many visitors to Naples each yeorl 5A Hurricane Donna Donna's Visit... Monstrous Hurricane Donna stormed into the northeastern Carib- bean late on September 4~h, 1960. It was an intense storm. Af- ter hitting the Caribbean, it next ran across Puerto Rico and the Bahamas, before it hit Naples. tween September 7th and 8th. was issued on September 9th, and the people of Naples got themselves ready. It changed its course twice be- The warning for Hurricane Donna It was 8:00 am on September 10th when the winds hit 90 mph. About 9:30 om, the eye went over Naples, changing it forever. Donne's Aftermath... IAfter Donna blew through town damage could be seen everywhere. The intersection of Brood Avenue and Second Street South in Naples was blocked by crashed down trees and other debris from the Hurricane. Roofs were blown off, power was shut down and no one could communicate with the residents after 8:30 om. Hurricane Donna ripped through buildings and uprooted trees everywhere. She took the Gulf of Mexico, and sprang 52 The Naples Airport Before the 1940's Naples didn't have an airport. Any planes that wanted to land here had to use the local golf courses for landing strips. It wasn't until World War II that the Naples Florida Air- )rt was built. Naples City and Collier County, together, bought the and for the airport from the Collier family and then in 1942 they leased it to the government. When the war broke out, the govern- ment began the construction. It was used for a training base for fighter planes. The airport remained small and unchanged until 1957. Mr. Van Ars- dale wanted to expand his air business and helped establish a sched- uled air service and a terminal building. In 1960, Naples Airlines be- gan to operate the airport with Mr. Van Arsdale as president. Dur- ing the 60's and 70's the airport helped to bring people down to Naples. The Naples Airport has undergone many changes. It has recently seen two major projects, a new hanger and safety and landscaping upgrades. The construction on the airport hanger cost over $2.2 million to build and was completed in March 2001. A lot of work was also done on the landscaping for the airport. The landscaping and safety changes cost over $7.9 million and helped beautify the air- port. The Naples Airport now has fresh green grass, nice white sidewalks and the landscaping is com- plete. It looks beautiful. 53 Alligato Alley A Controversial Road Alligator Alley is a road that connects the lower east and west parts of Broward, and Collier Counties. It is one of the most con- troversial roads ever built in Florida. Alligator Alley was started in :[cp6:t. American Automobile Association picked the name be- cause of all the alligators in the Everglades where the road was being built. :l:t is controversial because some people wonted it and some people didn't. Those that didn't want it felt that it would destroy the Everglades, on important wetland habitat. Those that did want it felt that it was necessony because there were no other roads that connected Ft. Louderdale to Naples. When it was being developed it was given many names like, "Killer Road", "Suicide Lane", "Tragic Mistake", and finally "Alligator Al- ley'' Many people, including AAA, thought the road was a mistake and would be unsafe. The final product did not destroy the Everglades because, they added a bridge eve~/mile or so, so that the water would flow in its proper direct/on. ,Some equipment that was used to build the alley included bulldozers, crushers, and trucks. Alligator alley is twelve feet above sea level and seven feet above the adjacent wa- ter. Alligator Alley was fin- ished on August 16, 1966! Alligator Alley Horida's Most Controversial 54 The S,ory of Golf in Naples The first golf course was built in Naples in 1919. At that time only 100 people lived in Naples. This golf course was located be- tween Fifth and Eighth Avenues 5outh, and Third and Eighth 5treat 5auth. This golf course had a manager and a golf pro. ]:t had an assistant. The pro shop was located where St. Ann's ,~atholic Church is now. The golf course was built by Ed Crayton. On the course you would have found sand boxes filled with beach sand. In the year 1930, Mr. Crayton sold the property to a man by the name of Mr. Joslin. They had an agreement that Mr. Joslin would build a new, championship golf course. This became the Naples Beach Hotel and Golf Club. The hotel and golf course soon be- came the center of Naples. It helped to draw people here to Naples during the great depression. In 1946 Mr. Joslin sold the hotel to the Watkins family, who still own it today. Golf is still an important part of Naples today. as the golf capital of the world. You can play golf 12 months out of the year. There are more than 70 courses to play here in Naples. You can also prac- tice on 6 driving ranges, and 4 putt putt courses. Naples is known 55 Naples Tourism Tourism has always been important ,o Naples. Even when Naples first became a town, there were some winter res i- den,s. One of the firs, buildings in ,own was a ho,el. At one time Naples was advertised as a place where" roses bloom in December", and "the sea bathing is unequaled". Naples is a blend of wildlife and good life. Lots of plush beaches, world class resorts, golf courses galore, top notch restaurants, great year round weather, and more than 6,000 hotel rooms drew 294,905 seasonal visitors in 1998. Three of the top 10 employers in Collier County ore the Marriott Corporation, the Ritz-Carlton Hotel, and the Registry Resort. Naples, since the beginning, has been home to many different types of people. Celebrities, farmers, fisherman, traders, Seminoles, and captains of industry have all called Naples home. Even some very famous people like Gloria Swanson, Gary Cooper, and Rose Cleveland have come to visit. The Ritz-Carlton Hotel., one of our famous Naples hotels. Wildlife galore helps draw many people to visit Collier County. We have 10 Beach and Waterfront parks and 8 National Parks for vis i- ,ors to enjoy the natural beauty of our area. Visitors can ride swamp buggies and take air boat tours through the wetlands They may take a boat trip along the coast or walk through the nature preserves. 56 The Naples Preserve ,Tust after Hurricane Donna hit, Don Nick built a most interesting building on U.S. 41. It has glass wall that give a view of the inside of the building, which is pan- eled with redwood and cypress wood. It first served as the home of Naples Chamber of Commerce. It now serves as a Visitors Center. It was redone during 2001 and 2002 with donations of $92,000. ]~nside the Visitor Can,er you con see a diorama of ,he Preserve and on interactive map. The Naples Preserve is 9 1/2 acre nature preserve that opened in 2002. ~Et was built by money that was raised with a bond for $9 million. Volunteers gave hundreds of hours to help get the preserve ready to open. At the preserve, there is a raised boardwalk that you can walk on to see the many plants of the area. The walk is .4 miles and it shows the visitors what old Naples was like. The pre- serve is an example of what citizens can do to help preserve nature. 57 Want to try something new? Look at a menu and see if that restaurant is right for you! NaplesMenus.com Restaurant menus & reviews online From Naples to Captiva Looking for a restaurant not too expensive? Are you a picky eater? Do you have a special occasion coming up? Find just the right place to eat at: NaplesMenus.com An Affiliate of GulfCoastMenus.com Win gift certificates, too Free Newsletter, Discounts, & Contests R E A L sell for S TAT E (~rea t serv/ces a na5 In ~a?[es s/nce q~n'enar(y a~Tents at 59 5A 1! A Look :l:nto Wo ld ,Toin us on our journey to become magazine publishers! Mr. Barrett began visiting us early in the school year. He knows oll about maga- zines, and he helped us learn about them. We needed to do lots of research! 5ome of our re- search came from the Internet. We even brain- stormed ideas in a high tech way. We used our mimeo board to keep track of our ideas. 5ome research was done the old fashioned way! We got together each week and we began to brainstorm ideas for the magazine. We all had lots of ideas! Research doesn't always have to be boring! We did some research at the Collier County Museum during Old Florida Days.. 60 Our magazine was hard work. We had to work together and get along. We practiced using good character traits each and every day! 6! We made our presentation to the Thomas Riley Artisans' Guild. Another successful sale at Collier Athletic Club. We loved using our PowerPoint presen- tation to make the big sale! )resented our own business :ards. And then it was back to work to design the ads for our clients. 62 Participating Students This magazine wos a combined effort of three fourth grade classrooms. Iii took the expertise of all the followin9 Lake Park Elementary Fourth ~raders: ~contractars can ~at ~££Con tractors Can ararg?a[ue! f essz'ona£ uz'[aq'n 7 !: 4395 Cofivorate ~qquarv ~ap&s, qv£ 34104-4575 q~tione (239) 643- 6527 63 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) Div: Comm. Dev. Serv./Planning Person: Fred Reischl ~f'~-- Date: Originating Dept/ Petition No. (If none, give brief description): CU-2002-AR-3142, North Naples Regional Park Petitioner: (Name & Address): Agnoli, Barber & Brundage, Stephen Sposato, AICP, 7400 Tamiami Trail North, Suite 200, Naples, Fl. 34108 Name& Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier County Board Of County Commissioners, 3300 Santa Barbara Blvd., Naples, Fl. 34116 Hearing before [] BCC [] BZA [] Other Requested Hearing date: May 27, 2003, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber Brundage, Inc., representing Collier County Board of County Commissioners, requesting Conditional Use for a regional park in the "A · Rural Agricultural zoning district per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Roa, and Vanderbilt Beach Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 212.77+. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 Departme/~t Head Approved by: County Manager Date List Attachments: DISTRIBUTION INs'rRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda ~e: to [] Requesting Division I~! Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: "~/Zq [0'~ Date of Public hearing: ~'[ Date Advertised: RESOLUTION NO. 03 - A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REGIONAL PARK IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2. CONDITIONAL USES IN SECTION 2.6.9 ESSENTIAL SERVICES OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for a regional park in an "A' Rural Agricultural Zoning District pursuant to Section 2.6.9.2. of the Land Development Code for the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Stephen Sposato, AICP, of Agnoli, Barber and Brundage, Inc. representing the Parks and Recreation Department of the Collier County Board of County Commissioners with respect to the property hereinafter described as: Exhibit be and the same is hereby approved for a regional park as a conditional use in the "A" Rural Agricultural Zoning District pursuant to Section 2.6.9.2. of the Land Development Code in accordance with the Conceptual Master Plan, Exhibit "C" and subject to the following conditions: Exhibit "Dt' which is attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: ~'~~ Mmjorie M. Student Assistant County Attorney CU-2002-AR-3142FR/sp FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3142 The following facts are found: 1. Section 2.6.9.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or __ Affect mitigated by. ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: EXHIBIT "A" DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION $0, TOWNSHIP 4.8 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION $0, THENCE NORTH 02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION $0, A DISTANCE OF 2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION $0; THENCE NORTH 02"06'15" WEST ALONG SAID WESTERLY LINE OF SAID SECTION $0, A DISTANCE OF $$3.72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION $0, SOUTH 89'57'54" EAST $29.97 FEET; THLNCE NORTH 02'06'08" WEST ,66.86 FEET; THENCE SOUTH 89'57'54" EAST $29.98 FEET; THENCE SOUTH 02'06'05" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30; THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION $0, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION $0; THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION $0, A DISTANCE OF 715.95 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 9,3); THENCE SOUTH 00'02'30" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 437.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE OF 2245.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 30; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89'58'38" Iltt~ST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 30, A DISTANCE OF 836.59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 30; THENCE CONTINUE NORTH 89'58'38" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 30, A DISTANCE OF 2643.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUBdECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Exhibit "B" iNTERSTATE 75 A~6AYld NO.LSgNIAI'I Q::lSOdO~d CU-2002-AR-3142 Conditions I. Traffic signage and pavement markings as well as roadway design is to be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. It is the responsibility and liability of the Engineer of Record to comply with same. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation. EXHIBIT "D" April 29, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2002-AR-3142, NORTH NAPLES REGIONAL PARK Dear Georgia: Please advertise the above referenced notice on Sunday, May 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 27, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Commissioners, requesting Conditional Use for a regional park in the "A" Rural Agricultural zoning district per Section 2.6.9.2. for property located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 212.77~ acres. NOTE. All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum Of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT coupE, cou~r~ 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS April 29, 2003 Stephen Sposato, AICP Agnoli, Barber & Brundage 7400 Tamiami Trail North Suite 200 Naples, FL 34108 Re: Notice of Public Hearing to Consider Petition CU-2002-AR-3142 North Naples Regional Park Dear Petitioner: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, May 27, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 11, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising- CU-2002-AR-3142, North Naples Regional Park eorgia, ®Fease aaCvertise the attacheaC on SuncFay, 9VIay 11, 2003. Clhanfi~s, ~inutes ~ ~cor~ CH-2002-~R-3142. C~-2002-~R-3142. doc doc Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Tuesday, April 29, 2003 1:54 PM Patricia L. Morgan Delivery Status Notification (Relay) ATT42565.1:xt Advertising - :U'2002-AR-3'142'" Th/s/~ an automatically generated ~Delivery Status 9Totification. ~our message has 6een successfu£fy refayed to tfie fo£fowing recipients, 6ut the requesteaC aCe£ivery status notifications may not ~e generateaC ~ the afestination. legals ~ napfesnews, corn Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, April 29, 2003 1:52 PM Patricia L. Morgan Delivered: Advertising - CU-2002-AR-3142, North Naples Regional Park ?A Advertising - ~U-2002-AR-3142,.. < <~dvertising - C~-2002-AR-3142, Worth Hap[es q~liona£ Par~> > ~Your messaBe To: Georgia (B-mai0 Subject: Advertising - C~)-2002-AR-314 2, Worth Haples PP.~lional Park Sent: Tue, 29Apr2003 13:53:00-0400 was delivered to the following recipient(s)' legals on Tue, 29Apr 2003 13:51:42 -0400 Advertising - CU-2002-AR-3142, North Naples Regional Park Patricia L. Morgan Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Tuesday, April 29, 2003 2:26 PM To: Patricia L. Morgan Subject: RE: Advertising - CU-2002-AR-3142, North Naples Regional rcvd to run may 11 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, April 29, 2003 1:53 PM To: Georgia (E-mail) Subject.' Advertising - CU-2002-AR-3142, North Naples Regional Park 7[i Georttia, ®[ease advertise the attached on Sunday, May 11, 2003. Thanks, Trish ~mutes ~ Records <<CU-2002-AR-3142. doc>> <<CU-2002-AR-3142. doc>> 4/29/2003 NapLes Daily News Naples, FL 3410~ Affidavit of Publication Naples Daily News BOARD OF COUNTY COHN[SSIONERS CHER1LEFARA PO BOX 413016 NAPLES FL ~101-3016 REFERENCE: 001230 113138~12649 5~56~15 NOT[CE OFPUBL[C HEAR State of Florida County of Collier Before the undersigned authority/ personally appeared B. La~/ ~ho on oath ~ays that she serves as Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the sa~d newspaper has heretofore been continuously published in said Collier County, FLorida/ each day and has been entered ag second class ~tter at the post office ~n Naples/ in said Collier County, Florida, for a period of 1 year next preceding the f~rst publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any pers~, fire or corporation any discount, rebate, commissJon or refund for the purpose of securing thls advertJsement for pubLJction in the said newspaper. PUBLISHED ON: O5/11 AD SPACE: 112.000 INCH FILED ON: 05/12/03 Sig~ture of Affiant Sworn to and Subscribed ~:~,r, :~;'f;oneLLy Known Dy me ;~,~ ' ~ ~ My Commission D~56336 -- -~o~cEoF PUBLIC HEARING IoUce Is her. eob~!.ve~.~. hat'the soara :ommlssloners of .C.ol- ler County will bola a ;~ubllc hearing on Tues- ~lay, May 27, 2003, In the Boardroom 3rd Floor, Collier county uov - ment center, 3301 E~st TamlamI Trail, Naples, Florida. The meeting will ~gln at 9:00 A.M. The Board will consider[ petition CU.2002-AR-~ 3142, Stephen Sposato,I AICP, of Agnoll, Bart)er arundage, Inc., repre- S_entl.ng Collier county goaro of county~C_.O,?' ers re uestmu mission , , . Conditional .U .se~ a,r.e glonal park In the Rural Agricultural zon* lng district per S~ctlor 2.6.9.2. for property Io cared off the future Liv Ingston ParkwaY, be tween immokalee Rom · and Vanderbllt Beacl Road, In Section 3~ Towr~fl~f~ 48 Scull' Range =6_:~.aS.t, CoHi~ county, HorlOa, cons~. ting of 212.77+ acres. NOTE: AIl Persons wish' lng to .speak on a.n~ agenda Rem must reals ter with the county 'Ad m nlstratcr prior to pre sentatlon of the agend Item to be addressee ~ndl.v. ldual speakers wi De limited to 5 minute on any. Item.. _Th.?. tlon of an inalvlou&l t . speak on behalf of i organization or group encouraged. If re.co~ nlzed by the Chair, / spokesperson fo.r. / group or organlza[H may De allotted. 10 nmi utes to speak o Item. Persons wishing .t.o have wri.tten or graphic ma. terlalS included in th~ Board agenda packet; must submit said ma terl&l a minimum of weeks prior to the re spectlve publlc.hearlnQ n any case, w.r~.e~ terlals Intenaea to o considered by the Boar shall be submitted t the. appropriate Count start a minimum of se, en days prior to th gubllchearlng. All m~ | terlal used In present~ ! lions before the Boa, ~ will become a perma. ~ nent part of the record. [ Any perSqn whO d.eclde_s=J I to appeal a aec~s~on / the 1~16ard will need .~. re-| ~ cord of the proceeomgS. I / pertaining thereto anal / therefore, may need roi / ensure that a verbaUml | record of the proceed-I | Ings is made, which re-I / co~d Includes the testi-I mony end evldencel ~ upon w~hlch the appeal[ ~ Is basea. [ BOARD OF cOUNTY~ | COMMISISONERS / / COLLIER couNTY,I ~ FLORIDA ~ TOM HENNING, CHAIR-~ ~ DWIGHT E. BROCK,I / CLER' ~ By: /5/Patricla L. Mor-I / (sEAL) Date: May 28, 2003 To: Fred Reischl, Planner From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: CU-2002-AR-3142 (Regional Park-No. Naples) Enclosed please find one document as referenced above, Agenda Item #7A, approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures RESOLUTION NO. 03 - 1 R 7 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REGIONAL PARK CONDITIONAL USE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2.b. ESSENTIAL SERVICES CONDITIONAL USES OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a regional park in an "A" Rural Agricultural Zoning District pursuant to Section 2.6.9.2.b. of the Land Development Code for the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Stephen Sposato, AICP, of Agnoli, Barber and Brundage, Inc. representing the Collier County Parks and Recreation Department with respect to the property hereinafter described as: Exhibit "B" be and the same is hereby approved for a regional park as a conditional use in the "A" Rural Agricultural Zoning District pursuant to Section 2.6.9.2.b. of the Land Development Code in accordance with the Conceptual Master Plan, Exhibit "C", attached hereto and incorporated by reference herein and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 2rl4l~x day of [~ ,2003. "DW,~HT E. BRO~K, CLERK ' st to a _ Approved .as to FOrm and Legal Sufficiency: Mmjori~J~. Student ' Assistant County Attorney BOARD OF ZO,~NING APPEALS COLLIER ~TY~RI~DA TOM HEI~NING, (~HAIRMAN 5-2 CU-2002-AR-3142FR/sp 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3142 The following facts are found: 1. Section 2.6.9.2 b. of the Land Development Code authorizes the regional park conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or __ Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: EXHIBIT "A" DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION 50, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 50, THENCE NORTH 02"00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION 50, A DISTANCE OF 2670.66 FEET TQ THE WEST ONE-QUARTER CORNER QF SAID SECTION 50; THENCE NORTH 02'06'15" WEST ALONG SAID WESTERLY LINE OF SAID SECTION 50, A DISTANCE OF 555.72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 50, SOUTH 89"57'54" EAST 529.97 FEET; THENCE NORTH 02'06'08" WEST 166.86 FEET; THENCE SOUTH 89'57'54" EAST 529.98 FEET; THENCE SOUTH 02'06'05" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50; THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50, A DISTANCE QF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION 50; THENCE CONTINUE NORTH 89"57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50, A DISTANCE OF 715.95 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 95); THENCE SOUTH 00'02'50" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 457.05 FEET TQ THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE OF 2245.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 50; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89"58'58" WEST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 50, A DISTANCE OF 856.59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 50; THENCE CONTINUE NORTH 89'58'58" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 50, A DISTANCE OF 2645.96 FEET TQ THE POINT OF BEGINNING QF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Exhibit "B" o~ tbITERSTATE '75 Z,,-, AM)id NO.LSDNIAI'I O~]SOdO~Jd CU-2002-AR-3142 Conditions 1. Traffic signage and pavement markings as well as roadway design shall be in accordance with adopted by the State in accordance with Chapter 316, Florida Statute. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway in order to promote pedestrian safety. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation per Section 3.9.5.5 of the Land Development Code. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C") per Section 2.7.4.10 of the Land Development Code. 6. Lighting shall be directed away from rights-of-way and neighboring properties and shall incorporate methods to reduce glare. 7. Loudspeakers used during sporting events shall be directed at specific seating areas in order to minimize the sound heard by the neighboring properties. 8. Regular park hours of operation are from 8:00 AM until 10:00 PM. EXHIBIT "D" 7A ~ Dave Moruzzi Liza McClenaghan ~:-'- 9877 Clear Lake Circle Naples, Florida 34109-0787 dave.moruzzi(~wofldnet.att.net lizamac~ix.netcom.com 7A ,t4 WILSHIRE LAKES COMMUNITY ASSOCIATION WILSHIRE LAKES TRANSITION COMMITTEE MAY 20, 2003 To the Collier County Commissioners: Reference: North Naples Regional Park Conditional Use Permit CU-2002-AR-3142 The Wilshire Lakes (PUD 91-102, 94-8, 95-5), which is currently under the control of the developer, C.L. Soave, John F. Soave, President. Considering the conditional use of property for the North Naples Regional Park, the County should consider: Enforcing park hours of operations, such as closing at 1 OPM · Limiting regional tournament sports events and special concert events to minimize the impact on neighboring communities · Encourage the use of state-of-the-art light and noise mitigation for humans and wildlife · Include plans for fencing and a gate between Wilshire Lakes and the Regional Park · Revisit the purchase of landlocked property · Respect the ceremonial artifacts of other cultures The survey process used by the Parks and Recreation Department was designed to capture information from only selected demographics. If you had a child in the school or were using a Parks and Recreation facility, you received a survey. However, future survey processes need to be improved to capture unmet needs and cover all county demographics, including those who are not currently using the parks and those who live in impacted communities. At the first public meeting on the Regional Park on January 30, 2001, residents of Wilshire Lakes attended and asked questions about lighting, noise, security of the Wilshire Lakes property, fencing, access to the park by Wilshire Lakes residents, and the status of the land known as the Paulson property. At this meeting, subsequent public meetings and a meeting of the board of the Property Owners Associations of North Collier County (POANCC), Marla Ramsey, her staff, or the landscape architectural firm said that they would address these concerns. At the last public hearing on September 18, 2002, representatives from the architectural firm of Bellomo-Herbert and Company, Inc. said that they would look at special lighting and noise mitigation. We still have concerns about lighting, noise from soccer, softball tournaments and music festivals for both the human and native neighbors. The proposed Regional Park closing time of 10:00 PM, including those for special events, must be observed. The County should consider imposing a limit on the frequency of regional tournament events to minimize the impact on neighboring communities. Also, the Parks and Recreation Department needs to improve communications about planned and proposed events. The meeting on 9/18/02 was the first mention of the park for use as a venue for concerts like the Country Jam, which previously had been held at Vineyards Park. At previous meetings, we were told that this park would not be considered for special concerts. Since the County hasn't had a public discussion about the Park and Recreation Department's plan to produce concerts, the activity should be limited to one or two events per year. At this time there is a barbed wire fence between the park property and surrounding properties. We understand that this fence will be removed in order to meet code requirements. The proposed plans show a fitness path along the south Regional Park property line and the north Wilshire Lakes/Wilshire Pines property line. There is currently no plan to indicate where the park ends and private preserve property begins or that the Wilshire Pines Club House and its facilities are not park amenities. Collier County through the Parks and Recreation Department should erect a fence. A security gate would allow Wilshire Lakes residents to access the park. The Planning Commission at its May 1, 2003 meeting requested the Collier Attorney's Office review the gate question. A similar arrangement should be made for the north PUD neighbor. The 4.1-acre Paulson property (Folio number: 00199680001) is located southeast of the park in a comer near 1-75. From Wilshire Lakes, the property is north behind the Villas on Shallows Way (Wilshire Lakes Block 12) and east of the Wilshire Pines Club House. The additional piece of property to the east of the Paulson property is owned by the Florida Department of Transportation, probably for 1-75 maintenance access. The drawings presented at the January 2001 Regional Park meeting indicated that the Paulson Property and DOT property were not part of the Regional Park. Marla Ramsey at that time said that the County had failed to negotiate a price with the owner and that they did not need the property. However, the County should try again to obtain this landlocked piece of property. If not, there is still a question as to how access will be provided. Ms Ramsey said she did not know, but would find out. At subsequent meetings, Ms Ramsey said that she thought there was an easement that ran along the property line between the Regional Park and Wilshire Lakes to Livingston Rd. After Gunnar Paulson attended the September 2002 Regional Park meeting, Ms. Ramsey had the County Attorney and Real Properties research access for this property and Mr. Paulson had a title search performed. This internal County research did not find any easements. Mr. Paulson has sought to sell his property to the Wilshire Lakes Developer. Since a property should not be landlocked, will Wilshire Lakes be required to provide access? Since the residents of Wilshire Lakes were not aware that this section was not a part of the park, they were looking forward to the "build out" and the end of associated building traffic and noise. The 90% plan for Vanderbilt Beach Road expansion shows our construction gate being removed with the assumption of "build out". Providing access would require the construction gate remain in place. Since the county failed to obtain the property, causing it to be landlocked, the County should provide access and not cause a forced annexation by a Planned Unit Development. Or, the County should purchase this property for the park because of, a- The newly acquired geological knowledge b- The need to preserve green space c- The cascading implications for the Wilshire Lakes community and Vanderbilt Beach Road construction. The County should review the process of all large land purchases in order to identify the possibility of creating landlocked properties. Finally, it is totally inappropriate to use replicas of ceremonial artifacts of the Calusa culture as objects that spout, fountain, or shower water in the Park. Replicas of the Calusa culture belong in the interpretation area of the Community Center. Sincerely, The residents of Wilshire Lakes Maurice Astorga, Chair, Wilshire Lake Community Association 9711 Wilshire Lakes Blvd Naples, FL 34109 566-2540 maurice.astorga~usa.dupont.com Stan Weiner, Chair, Wilshire Lakes Transition Committee 9881 Clear Lake Circle Naples, FL 34109 591-0316 sweiner~swfl.rr.com Attachments: Collier County Property Appraiser GIS map of Wilshire Lakes and North Naples Regional Park Wilshire Lakes Site Plan Collier County Community Development Division Zoning Map 8631N Collier County Property Appraiser Detail for Folio No. 001999680001 North Naples Regional Park Wilshire Lakes (part) Paulson Property Details ~oiio Ne.II o0~.oo01 II Page 1 of 1 ProperLy Addre~sll NO SITE ADDRESS Owner Namel PAUL$ON ET AL, CARL C AddmssesRGUNNAR F PAULSON JJS6 KRESS RD Ci~lI PLAINSBORO II Statell NJ zipll o8's38- tlO8" Legel~ 31 48 26 N1/2 OF NWll4 OF I"Nwtl4 OF NEll4, LESS N, E, + p W 30FT FOR R/W 4.13 AC OR 642 II PG 1020 ' Section I Towns, hip II Ren;e II Acrea II Map No. =1 R 48 II 28 "'11 4.13 II 3B31 Sub No, ~ t00 "~ use Cods ~ 90 II II NO'~OR'="LTURAL ACREAGE ~ ~ Millao. e Ama II Strap No. I i II ~ M,,,a~.o I II..5o,o I 2002 Preliminary Tax Roll (Subject to change) Land Value Improved Value , (=1 Market Value SOH Exempt Value I=l Auea,ed Value Homestead and other Exempt Value (=) Taxable Value $185,850.00 $ o.oo $186,850.00 $ 0.00 $185,850.00 $ 0.00 $185,850.00 8OH = "~ave {:)ur Homes" exempt value due to cap o~ assessmenl increases. Date Sales History Il Book- Page Amount J The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000199680001 09/19/2002 ~ ~ ~ = - ~ I~l~ ~o ~ > : i~l~ 'i COLLIER COIYN3'~ FLORIDA REQL~T FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: }qease place the following as a: 7"'1 lgB (Name & Address) , -~ d ,~,, advem~cmznt appcz~ing ' ~ day~ before hea,'ing. Newspaper(s) m i~ used: (Complete ~nly :f X Naple~ D~ily Newx ~-] Other ~ Lega~iy Reqmred Prapo~ed Text' (]~¢Jude legal description & common location ~ AN ORDINANCE OF ~ BOA~ OF COUN~ COMMiSiO~RS OF COLLIE~ COD~TY. FLOR~,~ COUN~V'5 CODE OF LAWS AND OU~'ANCES. AS AMENDED BY O~INANCE NO. ~01}13 (~ COLLIER COUNt' CO~SO[ ~TED D-~ACT ~E O~{NANCE. AS AN~N~ED~. PgOV~ING FOR 'I'HY. WAiVeR OF T]~ UP~RO~ ~A~IE~ OF ~l~ PFRCEN~ O~ rl~ ESI~.ITED TIL~NSPORTATION i~PACT FEE AS P~QUI~D ~Y D~SION 315 OF ~BE COLLIER COL~TY LAN~ DE$~LOPY,~N~ CODE. AS AMENDED, FOR DEVELO~ENWS MEEI'ING THE AFFO~D~g~iTY HOUShNG F~ANCE COR~T1ON OR ENqE~NG INTO A WAIVER OR DE~R~L AG~FE3~N~; AUTIIO~ING ~IE M ~NAGER TO EN~F.R !NWO T~.PARTY AGREE~P~S ON BEHALF OF COLLIER COL~Y l:Oa ELIGIBLE A~O~ABLF llOUSl~; DEVELQPN~N~S: PRO%~DiNG FOR ~E COLLECTION OF ~iPACT FEES IN DEFAULT; PROXr~ING roi-( P~CLUSION IN THE CODE OF LAWS A~ O~iNA~CES: PROVinG FOR CONVICT A~ 5EVERABHJTY: 4r~T~ PROVIDING AN EFFECTF~E DATE. C:;mpan:~n petition(s~ tf any & proposed hearing if Yes. what accour, t sho~td bc ci~g~ ~ ~t:~ costs: t 1%~ Division a~m~t-a.or or Designee D~e k~,s~ AuaChments: i. Ordinance Amendmen~ Far hear~mg~ -before ~c'c' ................ snatmt,ng pemoa io complete one coy and ohlain Di~:isio~ Head approval hcfor~ submittin~ to County for same. is sub~tled fo County Attorney before sub,trine to Count~ Manager~ The Manager's office will distribale copies: " ~ C-aunt7 Manager agenda Cie~k's Office [] Requestiug DB'ision Other hearings: Initiat!ng D,vision head io approve and submi! c;ng,nal :.o Clerk~s Office. retaining a copy for m,~ ~¢~..~..,: -o5 ~.~. <-"v,,~ ,~,~,,~, 5-ZI.O~ v,:,~ -~d,'.~m,.o: 5-~ Patricia L. Morgan From: Sent: To: Cc: Subject: Brock, Mary Thursday, May 01,2003 9:30 AM Schmitt, Joseph Patterson, Amy; Minutes and Records RE: Legal Ad - CIFO Amendment Joe, I'm forwarding your response to Minutes and qOcords, ffheyff need to know soon due to advertising deadlines. Clhankyou, MaryGo > ..... Otigina£Message ..... > q:rom: SchmittJoseph >Sent: Thursday, May 01, 2003 9:26AM > To: ®atterson_a; brock_m > Subject: RB: Legal. Ad- ClqcOAmendment > > okay - if we don't hear anything by close of business today, we go with > the 27th. > Joe > > Joseph K. Schmitt >Administrator > Community <Development andBnvironmentalServices > "It's another~Ireat day to serve Collier County" ..... Original Message ..... qerom: Patterson_a Sent: Thursday, May 01, 2003 9:08AM To: SchmittJoseph; giblin_c; ~aker_<D Subject: RE: LegalAd- clqrO Amendment We are checb~ng with Mr. Klohn as wellas John H'ouldsworth on the > timeframe for the GinalPlat. > > > > > > > > > > > Amy ..... Original Message ..... Brom: SchmittJoseph Sent: Thursday, May 01, 2003 9:03 AM TO: Patterson_a; tIiblin_c; $aker_D Subject: RE: Legal Ad- CIq:O Amendment I prefer the 27th in that it precludes have to note that the > (BCC is meeting in specialsessionprior to the L<DC heatings but that all > depends on the urgency of the issue. What is the impact of the delay on > Arrowhead~ Hote -- I'ff be out of town on the 27 so you and(Denny have to > present anddefend Joe Joseph 7( Schmitt Administrator Community (Development and Bnvironmenta£ Services 'It's another great day to serve Coffier Co ry ..... Original 3fessage ..... Groin: Patterson_a Sent: qhursday, May 01, 2003 &58 AgVl To: giblin_c; ~aker_(D; SchmittJoseph Subject: ~: Le~talAd- ClBO Amendment (Do we want this item to go on the 21st orthe 27th? PFease let me know. Amy ..... OrBina£ 5~tessage ..... aErom: brock_m Sent: qliursday, :May 01, 2003 & 4O A~ 'To: Patterson_a; Minutes and ~ff. cords Subject: £ega£Ad Amy, I know Joe spoke with you yesterday afternoon > regarding the [eoafadyou droppedoff I have that it wig& heard > before the 51{ay 21 $CC/£CDC meeting. PEease confirm, ql;tankcyou, > 9rIary-Jo !II8B Patricia L. Mor~lan From: Sent: To: Cc: Subject: Brock, Mary Thursday, May 01,2003 9:33 AM Patterson, Amy Minutes and Records; Mudd, James RE: Legal Ad - CIFO Amendment Thankyou Amy 3tinutes and Records....Per CcIY~ the [ega£ad doesn't have to be advertised for the meeting of 3tay 21. It wi££go on the gCC meeting or,May 27. Any questions, give me a ca££ ffFtan~ for afZyour he£p. ~ > ..... OrBina£5~4essage ..... > qerom: ®atterson_a > Sent: qhursday, ~lay 01, 2003 9:31 A5~4 > (Fo: 6rock_m > Subject: qvqdZ' £ega£Ad- CIq~OAmendment > ®(ease see be(ow. > Thankyou againforyour he£p! >Amy > ..... OrBina£3tessage ..... > q~rom: qatterson_a > Sent: qhursday, Yrlay 01, 2003 9:30Abq > TO: SchmittJoseph > Cc: giblin_c; ~aker_(o > Subject: RE: £egalAd- CIBO Amendment >John said that the Plat willnot be approvedprior to the 21st, so the > 27th willbefine. We willstilltouch base with ~illfGfohn. > with > > ..... OrBinal Message ..... q~rom: SchmittJoseph Sent: Thursday, May 01, 2003 9:26Ayff TO: Patterson_a; brock_m Subject: RB: £egalAd- CIq:O Amendment okay-- if we don't hear anything by c(ose of business today, we Bo the 2?th. floe Joseph ~ Schmitt Administrator Community ~Devefopment and Bnvironmenta£ Services "It's another great day to serve Collier County" ..... Original Message ..... Grom: Patterson_a Sent: Thursday, May 01, 2003 9:08AM To: Schmittjoseph; giblin_c; ~aker_D Subject: RB: LegalAd- ClGO Amendment We are checb~'ng with Mr. K!ohn as wellas John 9loulds~orth > on the timeframe for the BinalPlat. > > > > > Amy ..... Original Message- .... q:rom: SchmittJoseph Sent: Thursday, May 01, 2003 9:03AM TO: Patterson_a; giblin_c; $aker_~) Subject: RB: LegalAd- CIq:O Amendment I prefer the 27th in that it precludes have to note > that the gCC is meeting in specialsession prior to the L~OC hearings 6ut > that alldepends on the urgency of the issue. What is the impact of the > delay onArrowhead~ Hote -- I'llbe out of town on the 27 soyou and > q~enny have to present anddefend. > > > > > > > > > > > > > > Joe Joseph K. Schmitt Administrator Community (Development and Bm,4ronmental Serc6ces "It's another great day to serve Collier County" ..... Origirml Message ..... q:rom: Patterson_a Sent: Thursday, May 01, 2003 8:58AM To: giblin_c; $aker_~o; SchmittJoseph Subject: q:W: LegalAd- CIq:O Amendment Do we want this item to go on the 21st or the 27th? Please let me knaw. Than Amy ..... Original Message ..... ~rom: ~rock_m Sent: Biursday, YVlay 01, 2003 8: 40 AY~l To: Patterson_a; 3tinutes and q~cords Su6ject: LegalAd ~my, I know Joe spoke with you yesterday afternoon > regarding the legaladyou droppedoff I have that it willbe heard > before the May 21 OCC/£cDC meeting. Please confirm. Thankyou, > 31ary-Jo ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISlONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8B WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "'Consolidated Impact Fee Ordinance," which is codified as Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, on February 6, 2003, amendments to the Collier County Land Development Code, Division 3.15 became effective, which require fifty-percent of the estimated Transportation Impact Fees for a project to be paid in order to receive a Certificate of Adequate Public Facilities prior to the issuance of a final Site Development Plan or Final Plat; and WHEREAS, Affordable Housing developments enter into waiver or deferral agreements with Collier County in lieu of payment of impact fees, as set forth by Article IV, Sections 74-401 and 74-402 of the Collier County Consolidated Impact Fee Ordinance;. and WHEREAS, County staff desires to establish a provision to waive the upfront fifty- percent payment of estimated Transportation Impact fees prior to approval of the final Site Development Plan or Final Plat for: 1.certain qualifying units sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs which will instead make payment of the impact fees, in full, prior to issuance of the Building Permit, or 2. projects qualifying for the waiver or deferral of impact fees which enter into an approved waiver or deferral agreement; and WHEREAS, County staff desires to include provisions for the payment of impact fees in default, as set forth by Article V, Section 74-501 of the Collier County Consolidated Impact Fee Ordinance for Affordable Housing projects; and WHEREAS, the County Manager is currently authorized, on behalf of Collier County, to enter into waiver and deferral agreements for eligible projects and staff desires to allow the County Manager to also be authorized, on behalf of Collier County, to sign and enter into a Tri-Party Agreement, as applicable, to further define re-payment obligations, as required by new tax laws; and WHEREAS, these amendments to the affordable housing provisions will serve to continue to promote affordable housing in Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection (e) (1) b., in Section 74-201 of the Collier County Code of Law and Ordinances is amended to read as follows: Section 74-201. Imposition of Impact Fees (e) Affordable housing waiver or deferral. b. If the proposed development meets the requirements for an affordable housing waiver or deferral as set forth in article IV, the county manager should enter into an impact fee waiver or deferral agreement and is authorized to execute such waiver or deferral a.qreements along with any correspondin.q tri-party a.qreement intended to further define re-payment obligations, as may be applicable, with the owner or applicant. The impact fee waiver or deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. SECTION TWO. Article IV, Subsections (n), (o), and (p) are being added to Section 74-401 of the Collier County Code of Law and Ordinances which is amended to read as follows: SeCtion 74-401. Impact Fee Waiver or Deferral. Underlined text is added; Struck thrcugh text is deleted. Page 2 of 4 (n) Any units meetinq the requirements of this sub-section that are sold below the maximum home sales price in Collier County for Florida Housin,q Finance Corporation Pro,qrams, or qualify for and enter into an approved waiver or deferral aqreement shall not be required to pay the impact fees applicable for the unit or buildin,q any sooner than issuance of the buildinq permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the Final Site Development Plan or Plat the applicant shall first enter into an approved waiver or deferral a.qreement with Collier County or provide a notarized affidavit to the County Manager, which must include the followinq: 1. name of proiect, legal description and number assiqned by Collier County to the development order 2. name of applicant and owner, if different 3. number of dwellinq units 4. statement of intent that the subiect dwelling unit sales price will meet the affordability guidelines of the Florida Housinq Financ~ Corporation for Collier County. (o) Prior to the issuance of a certificate of occupancy for individual dwellinq units which have provided the foregoing affidavit instead of enterinq into a waiver or deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closinq statement demonstrating a qualifying sales price will be provided to the county manaqer within ten (10) days of the closin.q of the sale of each qualifying dwelling unit. (p) Failure to adhere to the requirements set forth by this section may result in tho. impact fees becominq immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becominq subiect to thn collection provisions provided for in Article V, Section 74-501, including payment of delinquency fees and interest. SECTION THREE. Article IV, Subsection (h) (8) of Section 74-401 of the Collier County Code of Laws and Ordinances is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. (8) In the event the Qwner is in default under the agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board mayat it sole option collect the impact fee amounts in default as set forth by Article V, Section 7zl 501, or bring a civil action to enforce the agreement or declare that the waived or deferred Underlined text is added; St-uck through text is deleted. Page 3 of 4 8B impact fees are then immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance will become effective upon filing with the Florida Department of State. PASSED AN D DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By:. ¢_~proved atsto form and 'XJeg~l suffiCb,ncy: Patrick G. White, Assistant County Attorney Tom Henning, Chairman Underlined text is added; Struck thr_-'ugh text is deleted. Page 4 of 4 May 1, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 01-13 Dear Georgia: Please advertise the above referenced notice on Friday, May 16, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138913-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 27, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '8B TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk ( SEAL ) Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising - Ord Amending Ordinance #01-13 Ni f eorgia, ®lease advertise the attachea~ on ~ricfay, ~4ay 16, 2003. ~an~you, (Trish 31inures e~ q(ecorars ORD.AMEN~.ORD. ORD.AH£ND.ORD. 0~.-13.do¢ Patricia L. Morgan From: Sent: To: Subject: postmaster@clerk.collier.fl .us Thursday, May 01,2003 1:23 PM Patricia L. Morgan Delivery Status Notification (Relay) A'l-F88789.b(t Advertising - Ord Amending Ord... q~is ts an automaticall~ generateaQDe£iver, y ~tatus ~Fotification. fi'our message has 6een successfully relayeaC to the following recipients, ~ut the requestecl cle£ivery status notifications may not ge generatetl by the destinatiorc legals~naplesnews, com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, May 01,2003 1:21 PM Patricia L. Morgan Delivered: Advertising - Ord Amending Ordinance #01-13 Advertising - Ord Amending Ord... <<Ad~er~bi~ - ordA=er~ Or~'nanze #01-13 >> 'Your =essage To:Georgia (B-mai0 Subject: Advertising - OrdAmending Ordinance #01-13 Sent: Thu, 1 Nay 2003 13:20:59 -0400 was delivered to the following recipient(s): legals on Thu, 1 Nay 2003 13:20:41 -0400 Advertising - Ord Amending Ordinance #01-13 Patricia L. Morgan Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, May 01,2003 2:29 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Amending Ordinance #01- rcvd to run may 16 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, May 01, 2003 1:21 PM To: Georgia (E-mail) Subject: Advertising - Ord Amending Ordinance #01-13 eorgia, ®[ease advertise the attac[iear on q:riday, Nay 16, 2003. ~ankyoll~ Minutes e~ q(ecorars <<ORD.AMEND. ORD. O1-13. doc>> <<ORD.AMEND. ORD. O1-13. doc>> 5/1/2003 Naples gaily News NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138913649 58659649 NOTICE OF INTENT TO State of Florida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples 0aiLy News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for · period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or corporation any discount, rebate, commission or refund for the purpose of securing this advertiseeent for pubLiction in the said newspaper. PUBLISHE0 ON: O5/q6 AD SPACE: 1/,8.000 INCH FILED ON: 05/16/03 .................. :; ...... ..................................... Signature of Affia _ //-'" Sworn to and Subscribed before me this ~day of PersonaLLy known by me (.. .'~'~C[ ~'x~ ~ · NOTICE OF I INTENT TO I CONSIDER ORDINANCE I Notice Is here.bY glvenl that on Tuesaay, May 27. 2003, In the Board-I room. 3rd Floor. Admln. Istratlon Building. Col. Ilar County OovernmenI Center 330[ East Tamla. mi TraJI. Naples, Florida. the Board of Count) Commissioners will con. sider the enactment of a County Ordinance, The meetlhg will commence at 9.~0 A.M. The title ~1 .the grol~osed Ordinance Ds as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI. DA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND OR- BY ORDINANCE NO. 2001. 13 (THE COLLIER COUN. TY CONSOLIDATED IM. PACT FEE ORDINANCE, AS AMENDED), PROVID- ING FOR THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANS- PORTATION IMPACT FEE AS REQUIRED BY DIVI- SION 3.15 OF THE COL- LIER cOUNTY LAND DE- VELOPMENT CODE. AS AMENDED. FOR DEVEL- OPMENTS MEETING THE AFFORDABILITY GUIDE- iLINES OF THE FLORIDA HOUSING FINANCE CDR- PORATION OR ENTERING INTO A WAIVER OR DE- FERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BE- HALF OF COLLIER COUN- TY FOR ELIGIBLE AF- FORDABLE HOUSING DE- VELOPMENTS; PROVID- ING FOR THE COLLEC- TION OF IMPACT FEES DEFAULT; PROVIDINGI FOR INCLUSION IN THEI CODE OF LAWS AND OR-I DINANCES; PROVIDING] FOR CONFLICT AND] SEVERABILITY; ANDI PROVIDING AN EFFEC-I TIVE DATF. Co~.~s of the proposedl Ordinance ere on flte~ _wlt~the,~lerk sq. t.h.e ~Olfff lVlllaDIe fo~ Ir~.lor~ All I~, m~d~. mlnl~a~ Prior ~ p~. sen~tl~ oft~ ~ Item to be mddr~sed. Indl~du~l ~eake~ wil~ ~. Ilml~ ~ ~ m~m~ ~ ~y Ite~ ~e selec. tion of an Individual te spe~k on behalf of an o~l~tlon, or group Is encoursged, If recog- nized by the Chairman, a spokesperson for a group or organizer on m~ De a o~ ~0 min- utes to speak on ~n ~m. Persons wlshlno to rl~ or ~t~ mu~t ~u~mlt ~ld ma~r~ a mlnl~m of 3 w~ prior to.the re- s~ctlve public, nearing, In ~y ~e, w~en ~- teHals Intended to be ~ by t~ ~ shah be submitted to the. ~prgp~late cgun~ staff a mlmmum ot sev- en days prior to the pu~ll~ hearing. All ma- terial used tn presenta- tions ~fore the ~ard will become a perma- An~ ae~on .whq d~ld- es to ap~l a aec~mpn of~d~ll~a record of thearoceed- ~g~.~lnln~ thereto to ensure that a verba. tim record of the etD. ~rd-I~lu~ the t~. tlmony and evldencq upon which the appem BOARD OF COUNTY C~M~O~ COLLIER COUNTY, ~ORIOA TOM HENNINa, CHAIR- M~ DWIGHT E. BROCK, CL~K By: /s/Patrlcla L; Mor. ..~i~.~.~... Chanel A. McDonaJd .~,:.:~ .~.~'-'*F '~.=. MY COMMISSIONj,u, ne 29, # CC8597522005 EXPIRES ORDINANCE NO. 2003 - 25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISlONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE WAIVER OF THE UPFRONT PAYMENT OF FIFTY PERCENT OF THE ESTIMATED TRANSPORTATION IMPACT FEE AS REQUIRED BY DIVISION 3.15 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, FOR DEVELOPMENTS MEETING THE AFFORDABILITY GUIDELINES OF THE FLORIDA HOUSING FINANCE CORPORATION OR ENTERING INTO A WAIVER OR DEFERRAL AGREEMENT; AUTHORIZING THE COUNTY MANAGER TO ENTER INTO TRI-PARTY AGREEMENTS ON BEHALF OF COLLIER COUNTY FOR ELIGIBLE AFFORDABLE HOUSING DEVELOPMENTS; PROVIDING FOR THE COLLECTION OF IMPACT FEES IN DEFAULT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is codified as Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, on February 6, 2003, amendments to the Collier County Land Development Code, Division 3.15 became effective, which require fifty-percent of the estimated Transportation Impact Fees for a project to be paid in order to receive a Certificate of Adequate Public Facilities prior to the issuance of a final Site Development Plan or Final Plat; and WHEREAS, Affordable Housing developments enter into waiver or deferral agreements with Collier County in lieu of payment of impact fees, as set forth by Article IV, Sections 74-401 and 74-402 of the Collier County Consolidated Impact Fee Ordinance; and WHEREAS, County staff desires to establish a provision to waive the upfront fifty- percent payment of estimated Transportation Impact fees prior to approval of the final Site Development Plan or Final Plat for: 1.certain qualifying units sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs which will instead make payment of the impact fees, in full, prior to issuance of the Building Permit, or 2. projects qualifying for the waiver or deferral of impact fees which enter into an approved waiver or deferral agreement; and WHEREAS, County staff desires to include provisions for the payment of impact fees in default, as set forth by Article V, Section 74-501 of the Collier County Consolidated Impact Fee Ordinance for Affordable Housing projects; and WHEREAS, the County Manager is currently authorized, on behalf of Collier County, to enter into waiver and deferral agreements for eligible projects and staff desires to allow the County Manager to also be authorized, on behalf of Collier County, to sign and enter into a Tri-Party Agreement, as applicable, to further define re-payment obligations, as required by new tax laws; and WHEREAS, these amendments to the affordable housing provisions will serve to continue to promote affordable housing in Collier County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection (e) (1) b., in Section 74-201 of the Collier County Code of Law and Ordinances is amended to read as follows: Section 74-201, Imposition of Impact Fees (e) Affordable housing waiver or deferral. If the proposed development meets the requirements for an affordable housing waiver or deferral as set forth in article IV, the county manager should enter into an impact fee waiver or deferral agreement and is authorized to execute such waiver or deferral agreements along with any corresponding tri-party agreement intended to further define re-payment obligations, as may be applicable, with the owner or applicant. The impact fee waiver or deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. SECTION TWO. Article IV, Subsections (n), (o), and (p) are being added to Section 74-401 of the Collier County Code of Law and Ordinances which is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. Underlined text is added; Struck thrcu.~h text is deleted. Page 2 of 4 (n/ Any units meeting the requirements of this sub-section that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Pro,qrams, or qualify for and enter into an approved waiver or deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the Final Site Development Plan or Plat the applicant shall first enter into an approved waiver or deferral agreement with Collier County or provide a notarized affidavit to the County Manager, which must include the followin,q: 1. name of proiect, le.qal description and number assi,qned by Collier County to the development order 2. name of applicant and owner, if different 3. number of dwelling units 4. statement of intent that the subiect dwellin,q unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (o) Prior to the issuance of a certificate of occupancy for individual dwellin.q units which have provided the foregoing affidavit instead of entering into a waiver or deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closin.q statement demonstrating a qualifying sales price will be provided to the county manager within ten (10) days of the closing of the sale of each qualifying dwelling unit. (p) Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subiect to the collection provisions provided for in Article V, Section 74-501, including payment of delinquency fees and interest. SECTION THREE. Article IV, Subsection (h) (8) of Section 74-401 of the Collier County Code of Laws and Ordinances is amended to read as follows: Section 74-401. Impact Fee Waiver or Deferral. (8) In the event the Owner is in default under the agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board mayat it sole option collect the impact fee amounts in default as set forth by Article V, Section 74- 501, or bring a civil action to enforce the agreement or declare that the waived or deferred Underlined text is added; Struc~ thrcugh text is deleted. Page 3 of 4 impact fees are then immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FIVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance will become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this.~ day of /~.~ ~' ~.~IG~T'E:':.:~~f, Clerk rloved ~sto form and suffici~cy: Catrick G. White, Assistant County Attorney ,2003. BOARD Of COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA ing~'~J;hairman'--~ Underlined text is added; Struck through text is deleted. Page 4 of 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-25 Which was adopted by the Board of County Commissioners on the 27th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day Of May, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- o f f i cio .~.~a~.d of Count y- C~~.'.~ ",,,,,,,,,,;,;,,,.;,,,. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: ~ ' (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning Person: Fred Reischl, AICP~ Date: Petition No. (If none, give brief description): PUDZ-2003-AR-3569, North Naples Research and Technology Park Petitioner: (Name & Address): Hole Montes, Inc., Robert Duane, 950 Encore Way, Naples, Fl., 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Golf Range, Inc., 16979 Old U.S. 41, Naples, Fl. 34110, N. Naples Hearing before [] BCC [] BZA [] Other Requested Hearing date: May 27, 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other C! Legally Required Proposed Text: (Include legal description & common location & Size.' PUDZ-2003-AR-3569, Robert Duane, of Hole Montes, Inc., representing North Naples Golf Range, Inc., requesting a rezone fi'om the "PUD" zoning district (Gadaleta PUD) to a new Planned Unit Development (PUD) district to be known as the North Naples Reeem'eh and Teehnolo~' PUD (formerly known as Gadaleta PUD). This project will accommodate research and technology uses and Iow environmental impact manufacturing according to the Research and Technology Park District of the Future Land Use Element. Four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located at on the west side of Old U.S. 41 immediately south of the Lee County line, in Section 10, Township 48 South, Range 25 East, Collier County Florida. This property consists of 19.3:1: acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes rn No If Yes, what account should be charged for advertising costs: 113-138312-649110 Department ~ad List Attachments: Approved by~ County Manager Date DISTRIBIfrlON INSTRUCTIONS A. For hearings before BCC or BY.A: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division ri Original C3el~'S Office B. Other hearings: Initiating Division head to approve and submit original to Cleric's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 5'~1-07 Date of Public hmu'ing: ~-Zq-.O~ Date Advertised: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 851 ON BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE "PUD" ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED ON THE WEST SIDE OF OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.34- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP, of Hole Montes, Inc., representing North Naples Golf Range, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from the Gadaleta PUD Zoning District to North Naples Research and Technology Park PUD Zoning District in accordance with PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency Mmjorie M. Student Assistant County Attorney PUDZ-2002-AR-3569/FR/sp RE_SUBMITTAL P UDZ-2003'AR'3569 PROJECT #20020800'1 DATE: 3/20/03 FRED REISCHL 8C THE NORTH NAPLES RESEACH AND TECHNOLOGY PARK A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 Er~coRE WAY NAPLES, FLORIDA 34110 HM PROJECT 2002061 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" W:x2002~2002061XPUDXPUD vers 1 .doc 1 SECTION I SECTION II SECTION 111 SECTION IV SECTION V SECTION VI SECTION VII TABLE OF CONTENTS Page Statement of Compliance .............................................................. 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................... 6 Statement of Intent and Project Description .......................................... 7 General Development Regulations .................................................... 8 Preserve Area Requirements .......................................................... 17 Permitted Uses and Dimensional Standards for Research and Technology Park Uses Both Target And Non-Target Use Areas ...................................... 18 Development Commitments ........................................................... 23 EXHIBITS Exhibit A - PUD Master Plan W:L2002X200206 lXPUDXPUD vers 1 .doc 2 SECTION I STATEMENT OF COMPLIANCE The development of±19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD, will bc in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Thc proposed Research and Technology Park will be consistent with thc growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for thc following reasons: The property is located in the Urban Mixed Use District Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The Future Land Use Element ("FLUE") of the Collier County Growth Management Plan allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District which the subject property is located within. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on an arterial or collector road ways. Old US 41 which provides access to the subject property is classified as a collector road way according to the Transportation Element of the Collier County Growth Management Plan. Therefore, consistency can be established with this provision of the FLUE. o The Research and Technology Park Subdistrict also requires provision for work force housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. Four (4) work force housing units are proposed to be provided in a mixed use structure on Target or Non-Target Use Area "A" or "B" depicted on the PUD Master Plan to establish consistency with this provision of the FLUE. The Research and Technology Park Subdistrict requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion Boundary according to the FLUE. Therefore, a density of up to three (3) dwelling units per acre is permitted without density bonuses for workforce housing. Based on the 3.96 acres of upland and wetland preserve area and FPL easement area located within the subject property a maximum of twelve (12) dwelling units are permitted. Therefore, the proposed four (4) work force housing units can be found consistent with the Density Rating System of the FLUE. o The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park's area shall be devoted to Target Use Areas or 8.24 acres and a maximum of twenty (20) percent of the area shall be devoted to Non-Target Use Areas or 2.75 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County Growth Management Plan because more than 8.24 acres of Target Use Areas are proposed and 2.54 acres of Non-Target Use Area is provided for on the PUD Master Plan. o The FLUE notes that Target Industries identified by the Economic Development Council of 3 W:X2002k2002061 ~PUDXPUD vets 1 .doc o o 10. 11. 12. 13. Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; interact technologies and electronic commerce; multimedia activities and CD- ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, consistency can be established with this provision of the FLUE. The FLUE notes that Non-Target Industry Uses may include hotels at a density consistent with the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Non-Target Industries listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, the proposed uses for Non-Target Industries may be found consistent with the FLUE. The FLUE notes that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of building area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Ordinance. Therefore, consistency can be established with this provision of the FLUE. The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the FLUE. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Collier County Growth 4 W:k2002k200206BPUDkPUD vers l.doc 14. Management Plan. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 15. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the FLUE. 5 W:k2002X2002061 h°UD~PUD vers 1 .doc SECTION H ~ 8C PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP North Naples Golf Range, Inc. are the owners of the subject property at the time of this application for rezoning. 2.2 LEGAL DESCRIPTION The subject property being +19.3 acres is described as: The North ½ of the North ½ of the North ½ of the North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South ½ of the North ½ of the North ½ of the North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida 2.3 GENERAL DESCRIPTION OF PROPERTY The project is comprised of4-19.3 acres, more or less, and is located on the west side of Old U.S. 41 just south of the Lee County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range at the time of application for this rezoning. The average elevation of the subject property is approximately twelve (12) feet above mean sea level. Most of the site is composed of xeric environs and soil types (substantially composed of various sandy soils). The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range, residential uses and limited commercial uses. 2.4 SHORT TITLE This Ordinance shall be known and cited as the "North Naples Research and Technology Park Planned Unit Development Ordinance". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. W:~2002X2002061 ~PUD~PUD vers 1 .doc SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 3.3 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. PROJECT DESCRIPTION The project contains ±19.3 acres and includes land area to provide for a mix of Targeted Use Areas - aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas suel~ as g~eneral office, banks, restaurants, personnel and professional services. The Maximum mount of Non-Target Use Area permitted by the FLUE is 2.75 acres and 2.54 acres is provided. The minimum acreage required to be devoted to Target Industries is 8.24 acres and the PUD Master Plan provides for acreage in excess of this amount. The North Naples Research and Technology Park PUD also provides for four (4) work force housing units to be located in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan "Exhibit A" and comprise approximately 2.7 acres. Access will be provided from Old U.S. 41 from a sixty (60) foot right-of-way that serves the proposed North Naples Research and Technology Park PUD. LAND USE PLAN AND PROJECT PHASING The PUD Master Plan ("Exhibit A") provides for areas of light technology based uses Target Use Areas and Non-Target Use Areas to provide for commercial support services, fight-of-ways, lakes, preservation areas and an FPL easement area. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately three (3) years from the time of issuance of the first building permit, or 2005. However, actual build-out will depend on market conditions. 7 W:k2002k2002061~PUDkPUD vers 1 .doc SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the North Naples Research and Technology Park Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: Regulations for development of the North Naples Research and Technology Park PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the North Naples Research and Technology Park PUD shall become part of the regulations that govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or 8 W:~2002~2002061 ~PUD~PUD vers l.doc other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. W:X2002X2002061 ~PUDLPUD vers 1.doc 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 SUNSET AND MONITORING PROVISIONS The North Naples Research and Technology Park PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. NATIVE VEGETATION A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast comer of the site and at least .5 acres of native vegetation to be retained along the northem property line, for a total of 2.7 acres. ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility ora homeowners' association to be established by the developer. OPEN SPACES The Collier County Land Development requires that research and technology parks shall maintain open space at a minimum of thirty (30) percent of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the Site Development Plan and/or Subdivision Plat, whichever may be required. OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. USE OF RIGHTS-OF-WAYS Utilization of lands within all project right-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director, taking into account engineering and safety considerations during the development review process and 10 W:X2002X200206 I',PUDLPUD vers 1.doc 4.15 4.16 prior to any installations. ROAD WAYS Road ways within the North Naples Research and Technology Park PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or rejected by this PUD, or approved during final Subdivision Plat approval. The developer reserves the right to request substitutions to code design standards in accordance with Section 3.2.7.2 of the LDC. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the North Naples Research and Technology Park PUD. General permitted uses are those uses which generally serve the Developer and residents of the North Naples Research and Technology Park PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. o Landscape features including, but not limited to, landscape buffers, berms, fences and walls. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined bythe Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback front yard - Ten feet (10'). Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirement of this Ordinance and the LDC are met. 11 W:X2002X2002061XPUDXPUD vets 1.doc Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Twenty-Five feet (25'). 5. Minimum lot or parcel area - 10,000 square feet. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the North Naples Research and Technology Park PUD design guidelines and standards, are to be in accordance with LDC in effect at the time of site development plan approval. 4.17 SIGNAGE It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size, style and color without conflicting with corporate identification and symbols required for successful advertisement. All monument and building fagade signs shall meet the following guidelines but shall be ultimately governed by Collier County signage requirements. A. General: All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. All intemal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. The only signage permitted within preserve areas shall be directly related to the protection and educational component of the Preserve. B. Entrance Signs: Two ground or wall-mounted entrance signs maybe located at the entrance to the subdivision within the PUD. Such signs shall only contain the name or the subdivision or the insignia or motto of the development. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from the public right-of-way, and any perimeter property line shall be 15 feet. 12 W:~2002L2002061 ~PUDXPUD vers 1.doc Co Directory Signs: One directory sign shall be permitted at the project entry. The maximum sign area shall be 250 square feet and the sign shall not exceed 25 feet in height. The sign shall be set back a minimum of 15 feet from the Old U.S. 41 right- of-way. Names of business located on out-parcels shall not appear on directory signs. D. Traffic Signs: Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. E. Wall Mounted Signs Wall mounted signs shall be individual letter mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. Wall signs shall be placed within a 24 inch high horizontal signage band around the building perimeter. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. F. Colors Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.18 ARCHITECTURAL AND SITE DESIGN STANDARDS The North Naples Research and Technology Park Design Standards have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate property improvements. These standards replace related portions of the Collier County Architectural Standards (LDC Division 2.8) as noted. All other portions of the Collier County LDC, Collier County Growth Management Plan and all other codes with jurisdiction shall remain in full force. The intent of this standard is to establish requirements that emphasize compatibility and community with a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A" and "B" located along Old U.S. 41 shall meet current LDC Division 2.8 Architectural and Site Design Standards. Each building shall be designed with an entry element at street side within the research/technology designated area (as indicated on the site plan) in order articulate building massing and visually reduce building heights along the street. 13 W:X2002X2002061 ~PUD~PUD vets 1 .doc Landscape and Streetscape Requirements Landscape buffers requirements shall be as indicated in the Land Development Code as determined by adjacent land uses except as noted within. Trees shall be planted along the street right-of-way at 50 feet on center (uniformly spaced on each site) to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. Decorative street lights (20' tall) shall be installed at 100 feet on center (near the intersection of right-of-way line and perpendicular property lines) to provide a uniform and continuous lighting pattern. A pedestrian walkway shall be provided from each building entry to th?, street sidewalk. B. Building Design Requirements The following requirements replace LDC 2.8.3.5.2 - Building Orientation Standards, LDC 2.8.3.5.3 -Facade/Wall Height Transition, LDC 2.8.3.5.4 -Facade Standard, LDC 2.8.3.5.5 - Massing Standards, LDC 2.8.3.5.6 -Project Standards, LDC 2.8.3.5.7 -Detail Features, LDC 2.8.3.5.8 - Additional Facade Design Treatments for Multiple Use Buildings, LDC 2.8.3.5.10 - Roof Treatments for buildings over 20,000 square feet. Refer to the equivalent requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet that are also amended by these standards. Buildings shall be designed with their main entrance feature facing the street or on the front comer adjacent to side yard visitor parking in a manner that addresses the street and parking lot. All buildings will have a single story entry feature element adjacent to the street with a mass that steps down from the larger research / technology portion of the building with a minimum of eight fee (vertical dimension) roofline separation. The entry feature element shall span a minimum of 60% of the horizontal length of front facade and provide 3 feet minimum overhangs and/or recessed alcove for entry doors at the entry feature element. The front facade of the entry feature element shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step down is apparent. The entry feature facade (facing street) shall have door and window area not less than 30% of the front elevation of the element. Total facade area for this calculation shall be the front element width times the floor to roof line height (not including parapet wall height). Group glazed doors and windows 14 W:X2002~200206 I~PUDXPUD vers 1 .doc 4.19 together to form horizontal glazing bands with horizontal dimensions twice the height of the window opening. Metal wall panels are acceptable for the building facades behind the entry feature element component if they are twenty-five (25) feet in height or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall facades over twenty-five (25) in height shall not be metal wall panels but may be any other exterior wall material permitted by the Land Development Code. Wall facades over twenty-five (25) in height shall be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontal plane. Horizontal banding with wall color variation in conjunction with control joint or scoring pattern is required. Architectural treatment, articulation and material selections shall continue on all facades of the building. All mechanical roof top units and condensers if located on the roof shall be screened from view. If any building is constructed on the northern property line west of the Upland Preserve Area and east of Lot #9 depicted on the PUD Master Plan and where the north elevation length exceeds the buildable distance permitted on the largest of these lots, the north elevation shall be required to meet the Massing Standards as indicated in LDC 2.8.3.5.5 (paragraphs 1 and 2) or LDC 2.8.4.4.5 (paragraphs 1 and 2) as determined by the building square footage. The intent of this requirement is to control north elevation massing in cases where more than one lot is utilized for the construction of an individual building. LANDSCAPING AND WALLS All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and Section 4.18A of this PUD Ordinance. However, in addition, the following landscape requirements shall be met: 1. A five foot high berm constructed at a 3' 1 slope will be provided to the west of the proposed water management area, with a Type "B" buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D" buffer along U.S. 41, and no other landscaping shall be introduced into this area other than restored native vegetation. 3. Additional landscaping shall be required along the north property line between the Upland Preserve and the westerly portion of Tract #9. Such landscaping shall include a double row of trees and or palms to provide additional screening for residentially zoned lands located to the north. W:X2002X200206BPUDXPUD vers 1 .doc 15 o o ^ Type "B" buffer shall be provided between either Target or Non-Target Use "A" or "B'~ and the adjoining lot to the west, when containing residential uses in a~'' mixed use structure. A masonry wall will be required along the north property line between the west side of the Upland Preserve Area located along the northern property line and the westerly boundary of Tract #9. W:X2002~00206 lXPUDLPUD vers 1 .doc 16 5.1 5.2 5.3 SECTION V PRESERVE AREA REQUIREMENTS PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for 2.7 acres for upland and wetland preserve areas. Minor adjustments may be made to the boundaries of the wetland preserve area based on South Florida Water Management District permitting considerations along the western portion of the property, but not the Upland preserve area located on Old U.S. 41 and comprising 0.70 acres. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures in accordance with the preservation standards of the LDC in Section 3.9.5' 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Preserve Areas, after review and approval of the Environmental Review Staff. Any other use deemed comparable in nature by the Collier County Board of Zoning Appeals. DEVELOPMENT STARDARDS Principal structures shall be required to be setback twenty-five (25) feet from Preserve Areas. Bo Accessory structures shall be required to be setback ten (10) feet from preserve areas unless it can be demonstrated that it will not adversely impact the integrity of the preserve. W:~2002X2002061XPUD~PUD vers l.doc 17 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESEARCH AND TECHNOLOGY PARK USES BOTH TARGET AND NON-TARGET USE AREAS 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the North Naples Research and Technology Park PUD and depicted on the PUD Master Plan, Exhibit "A". 6.2 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA · ACRES PERCENTAGE 1. Development tracts 12.45 64.6% 2. Preserve areas 2.70* 14.0% 3. Right-of-Way 1.29 6.5% 4. Lakes 0.86 4.5% 5. FPL Easement area 1.26 6.5% 6. Open Space 0.71 3.7% 19.3 100% The approximate acreage of development areas are depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Development areas are also designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in non-residential areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. No less than 8.24 acres will be developed with Target Industry Uses: One hundred (100) percent of the North Naples Research and Technology Park's development tracts are allowed to be developed with the following principal uses: Aircraft & Parts Groups 3271-3728 Aviation/Aerospace Industries Broadcast Studio, Commercial Radio and Television Cable and Other Pay Television Services Group 4841 * Preserve areas comprise 15% of the site area less the FPL easement area. 18 WA2002X200206 lXPUDXPUD vers 1 .doc 5. 6. 7. 8. 9. 10. 13. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Call Center and Customer Support Activities ~" Q [/ CD-ROM Development Communication Groups 4812-4841 Computer and Data Processing Services and Computer Related Services Data and Information Processing Development Testing and Related Manufacturing Drive-through facility for any target/permitted use Drugs and Medicine Groups 2833-2836 Dwelling Units Education, Scientific and Research Organization Export based laboratory research or testing activities Information Technologies Laboratories Groups 5047, 5048, 5049, 8071, 8731, and 8734 Medical Laboratory Groups 8071, 8072, 8092, and 8093 Parks Photo Finishing Laboratory Printing and Publishing Group 2752 Production Facilities and Operations/Technology based Indoor Storage Only Research/Development Laboratories & Technology Park Groups 8071, 8731, and 8734 (subject to CPA 2001-5 of the Growth management Plan) Signs in accordance with Division 2.5 Telephone Communications Group 4813 Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. B. Non-Target Industry Uses: A maximum of 2.54 acres may be used for Non-Target Use Areas. These areas are labeled Target or Non-Target Use Areas "A" and "B" on the PUD Master Plan Exhibit "A": 2. 3. 4. o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Accounting Groups 8721,7521,7231,7241 ATM (automatic teller machine) Automobile service station §2.6.28 Banks and financial establishments Group I 6011 - 6062 Group II 6081 - 6173 Barber Shops Group 7241 Beauty Shops Group 7231 Business Services Groups 7311-7352, 7359-7389 Car wash Clothing stores, general Consumption on premises Convenience food and beverage store Day care center, adult & child services Drive-through facility for any permitted use Drugstore, pharmacy 5912 Dwelling Units Engineering Groups 0781, 8711-8713, and 8748 19 W:X2002~2002061XPUDXPUD vers 1 .doc Co 17. 18. 19. 23. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. Fences, Walls §2.6.11 Food and Beverage Service, Limited Food Stores Groups 5411-5499 Gasoline Dispensing System, Special General Merchandise Groups 5331-5399 General Contractors Groups 1521-1542 Gift and Souvenir Shop Hardware Store Group 5251 Health Care Facilities Groups 8011-8049, 8051-8099 Heliport or Helistop Hobby, Toy and Game Shops Hotel/Motel Groups 7011, 7021, 7041 Housing units for employees only §2.6.25 Insurance Companies Groups 6311-6399, 6411 Laundry or Dry Cleaning Legal Offices Group 8111 Management Groups 8741-8743, 8748 Membership Organization Groups 8611-8699 Motion Picture Production Studio Groups 7812-7819 Personal Services Groups 7211-7299 Photographic Studios Group 7221 Physical Fitness Group 799.1 Play Ground Professional Office Research, Development Laboratories & Technology Parks Groups 8071, 8731, and 8734 Residential Development including care units, family care facilities and group care facilities Restaurant, Fast Food Restaurants Groups 5812-5813 Schools, Commercial Groups 8243-8299 Security & Commodity Brokers Groups 6211-6289 Self-service fuel pumps Signs in accordance with Division 2.5 Storage, Indoor only Studios Travel Agency Group 4724 Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. Accessory Uses and Structures Accessory uses and structures that are incidental to use permitted as of fight in the PUD. For Target Use Areas, retail sales or display areas as accessory to the principal use shall not exceed an area greater than twenty (20) percent of the gross floor area of the permitted principal use and is further subject to retail standards for parking and landscaping. Accessory Administrative Offices 20 W:~2002x2002061XPUDXPUD vers 1.doc 6.5 A. B. Go Jo 5. 6. 7. 8. Accessory Uses and Structures §2.6 Accessory Parking Lot and Garage Public Parking Administrative offices Parking Lot, Accessory and Garage, Public Parking Residential Accessory Uses DEVELOPMENT STANDARDS FOR TARGET & NON-TARGET USE AREAS Minimum lot area - 20,000 square feet Minimum lot width- 100 feet; however, lots fronting on Old U.S. 41 shall have a minimum lot width of 250 feet of frontage on Old U.S. 41 and the northwestem most lot adjacent to the cul-de-sac shall have a minimum lot width of 42 feet on the street front and further depicted on the PUD Master Plan Exhibit "A". Minimum size of structures - 1000 square feet Minimum yard requirements: 1. Front yard: 25 feet 2. Side yard: 15 feet except when abutting residentially zoned property, then 25 feet 3. Rear yard: 15 feet 4. Minimum yard requirement from any residentially zoned or used property: 25 feet. 5. Separation between buildings: 15 feet or one-half the building height, whichever is greater. Maximum height of structures: Three stories or 35 feet. However, Non-Target Use Area"A" or"B" is limited to a maximum height of two (2) stories or thirty-five (35) feet should work force housing be developed on those tracts. The maximum height of the westerly most tract depicted on the PUD Master Plan as Tract #9 is limited to a maximum height of twenty-five (25) feet. Outside storage and display - no outside storage and display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. Lighting - lighting shall be arranged in a manner that protects road ways and neighboring properties from direct glare or interference. Parking lot lighting on the most westerly tract shall be limited to a maximum of twelve (12) feet in height and shielding shall be provided so no direct lighting will be seen from nearby residential structures to the west. Building Permits - Building permits for Non-Target Uses shall not be issued for more than 10,000 square feet of building area prior to the issuance of the first building permit for Target Use Area use. The landscape berm and buffer area located on the western portion of the property and depicted on Exhibit "A" the PUD Master Plan, shall be provided for within the initial and earliest phase of construction for protection of adjacent single family residents to the west. A fence or non penetrable vegetation barrier shall be provided along the western edge of the westerly most tract in the North Naples Research and Technology Park to provide security to residential structures in Sterling Oaks. W:xg002X2002061LPUD~UD vers 1 .doc 21 Ko '8C Hotel/Motel - Hotel/motel units may be developed to a maximum floor area ratio of 0.60. Residential Standards - Four (4) work force housing units shall be provided on Non-Target Use Areas "A" or "B". The development standards for Non-Target Use Area"A" or "B" for mixing residential and commercial uses are set forth as follows: A site development plan must be approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; The commercial uses in the development may be limited at the time of SDP approval in the hours of operation, size of delivery tracks, and type of equipment; 3. The residential uses shall be designed so that they are compatible with the commercial uses; 4. Residential dwelling units shall be located above principal uses; 5. Residential and commercial uses shall not occupy the same floor of a building; o The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan and no less than four (4) dwelling units may be constructed; 7. Building height shall not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas; efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to minimizing noise associated with commercial uses; directing commercial lighting away fi.om residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 22 W:x2002X2002061XPUDXPUD vers 1.doc 7.1 7.2 7.3 SECTION VII DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the North Naples Research and Technology Park PUD. PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations except where specifically noted. The PUD Master Plan ("Exhibit "A") is illustrative in nature. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary or final subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continual operations and maintenance of all service utilities and all common areas of the project. ENVIRONMENTAL Ao An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to Collier County prior to final site plan/construction approval. A schedule for exotic vegetation removal shall be submitted with the above referenced plan. Bo A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast comer of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres. Areas of retained vegetation include the wetland preserve area located on the western portion of the property's 1.51 acres, the xeric scrub upland area located along Old U.S. 41 comprising of.70 acres; and native vegetation to be retained along the north property line and comprising .49 acres for the total of 2.7 acres. Co Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service ("USFWS") and Florida Fish and Wildlife Conservation 23 W:L2002~200206 ! XPUD~PUD vers 1 .doc 7.4 Commission {"~FWCC"} regarding potential impacts to protected v, dldlife species: Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Stafffor review and approval prior to final site plan/construction approval. go The petitioner shall be subject to all environmental section of the LDC and GMP at time of final development order approvals. The scrub oak preserve area shall be restored in accordance with the approved "Unauthorized Vegetation Removal Remediation Plan & Exotic Vegetation Eradication & Maintenance Plan" designed by Southern Biomes, dated November 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision or the first certificate of occupancy, whichever comes first. A Gopher tortoise (GT) relocation/management plan shall be submitted for review and approval at the time of the next development order submittal. TRANSPORTATION Arterial level street lighting shall be provided by the developer at the project entrance located on Old U.S. 41. Such lighting shall be in place prior to the issuance of any certificate of occupancy. Signage and street markings shall be consistent with the Manual on Uniform Traffic Control Devices. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 and shall be paid at the time the building permits are issued or as provided by the Adequate Public Facilities Ordinance. Do Roads internal to the project shall be private and dedicated to the Master Association for perpetual maintenance. The developer shall provide left and right mm lanes at the project entrance prior to the issuance of the first Certificate of Occupancy in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. The intemal road way serving the North Naples Research and Technology Park PUD shall be required to have a five (5) foot wide sidewalk on each side of the road way providing access to the project in accordance with the requirements of Section 3.2.8.3.17 of the Collier County LDC. Sidewalks are not proposed to be provided along Old U.S. 41 at this location becaUse there are no interconnecting sidewalks to the north or south. However, in accordance with the requirements of Section 3.2.8.3.17.8, the developer in lieu of construction of a sidewalk or bike path shall provide funds for the cost of a sidewalk/bike path into a fund approved by the Transportation Services Director, or his designee, for future construction of required sidewalks or bike paths by the County. 24 W:k2002k2002061 kPUDkPUD vers 1 .doc 7.5 7.6 7.7 A minimum throat length, for an entrance off of Old U.S. 41, shall be 75 feet to facilitate vehicular staking. Where the expected peak hour traffic volumes on Old U.S. 41 are equal to or greater than 30 vehicles, the maximum throat length shall be 100 feet. UTILITY REQUIREMENTS Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable county rules and regulations. Bo All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer services to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sever facilities are available to serve the project. ENGINEERING REQUIREMENTS Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Bo A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the fight-of-way and tracts shown on the PUD Master Plan. Do The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. WATER MANAGEMENT REQUIREMENTS Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. 25 W:X2002X2002061XPUDXPUD vers l.doc Co The wet season water table elevation shall be established at the time of SFWMD permitting, which is required for the subject property. A drainage easement along the eastern most side of the FPL easement shall be dedicated to Collier County at the time of final subdivision plat approval pursuant to FPL approval and is depicted on the PUD Master Plan. The applicant shall coordinate this requirement with the Collier County Stormwater Management Section Staff. No certificate of occupancy shall be issued until this easement is properly recorded. Eo At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL Easement shall be provided. Collier County Stormwater Management Section will review and approval the stormwater management system and the project must obtain a surface water management permit from the South Florida Water' Management District. Go The petitioner will work with Sterling Oaks to except their stormwater discharge pursuant to a modification of their plan and permit by Sterling Oaks should the need arise. 7.8 WORK FORCE HOUSING Ao The developer shall provide four (4) work force affordable housing units on Target or Non-Target Use Area "A" or "B" in a mixed use structure depicted on the PUD Master Plan, Exhibit "A". These dwelling units may be both one and two bedroom units at the option of the developer. The work force affordable housing units shall be required to be rented or sold to households with incomes at a rate not to exceed sixty (60) percent of the median income for Collier County. Rents charged for each unit may not exceed the HUD sixty (60) percent rent limit including utilities. Co The PUD Monitoring Report shall document that the incomes of the occupants of each work force housing unit will meet and be less than the target maximum household income of sixty (60) percent or less of the median household income for Collier County. Four (4) work force housing units shall be placed on either Non-Target Use Areas "A" or "B" and prior to the issuance of building permits for 150,000 square feet of gross leasable floor area for either Target or Non-Target Use Areas. W:X2002X200206 IXPUDXPUD vers 1 .doc 26 May 1, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2003-AR-3569, North Naples Research and Technology Park Dear Georgia: Please advertise the above referenced notice on Sunday, May 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 78C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 27, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ~PUD" ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED ON THE WEST SIDE OF OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-2003-AR-3569, Robert Duane, of Hole Montes, Inc., representing North Naples Golf Range, Inc., requesting a rezone from the ~PUD" zoning district (Gadaleta PUD) to a new Planned Unit Development (PUD) district to be known as the North Naples Research and Technology PUD (formerly known as Gadaleta PUD). This project will accommodate research and technology uses and low environmental impact manufacturing according to the Research and Technology Park District of the Future Land Use Element. Four (4) residential work force housing units are also proposed to be provided. The property to be considered for this rezone is located at on the west side of Old U.S. 41 immediately south of the Lee County line, in Section 10, Township 48 South, Range 25 East, Collier County Florida. This property consists of 19.3+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier !' 8C CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS May 1, 2003 Robert Duane Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3569 Dear Mr. Duane: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 27, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 11, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNt' COURTHOUSE 3301 TAMIAMI TRAIL EA$T RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS May 1, 2003 North Naples Golf Range, Inc. 16979 Old U.S. 41 Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-2003-AR-3569 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 27, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 11, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: ~i qeorgia, ~[ease aaCvertise t~e attadieaC on SunaCay, ~ay l l, 2003. ffhan~, ~inutes ~ q~coraCs PUDZ-2003-AR-3$6 PUDZ-2OO~-AR-3S6 9.do¢ ~.do¢ Georgia (E-mail) Advertising - PUDZ-2003-AR-3569 ,8O Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, May 01,2003 1:24 PM Patricia L. Morgan Delivery Status Notification (Relay) 8C ATT88802.bd: Advertising - 'UDZ-2003-AR-356.,c/~/s/s an automatica£fy generated ~De£ive~ Status ~V~otification. ~our message has 6een successfully refayeaC to the folTo~ving recipients, 6ut tf~e requesteaC &Fivery status notifications may not 6e tTenerateaC ~ the arestination~ [egafs~napfesnews. corn Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, May 01,2003 1:21 PM Patricia L. Morgan Delivered: Advertising - PUDZ-2003-AR-3569 8C Advertising - 'UDZ-2003-AR-356.. < <d~aCvertisina - q~UCDZ-2003-~qL-3569 >> °[our message To: ~eorgia (~E-mai0 Subject: d~dvertisina - ~qd(DZ-2003-d4q(-3 569 Sent: CI~u, 1 5May 2003 13:21:01 -0400 was aCe£ivered to the fotTowing recipient(s): [e~taEs on Clhu, 1 5~lay 2003 13:21:26 -0400 Advertising - PUDZ-2003-AR-3569 Patricia L. Morgan Page 1 of 1 8C From: legals [legals@naplesnews.com] Sent: Thursday, May 01,2003 2:34 PM To: Patricia L. Morgan Subject: RE: Advertising - PUDZ-2003-AR- rcvd to run may 11 georgia ..... Original Message ..... From: Patricia L. Horgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Thursday, May 01, 2003 1:21 PM To: Georgia (E-mail) Subject: Advertising - PUDZ-2003-AR-3569 ~;i ~eorgia, ®[ease advertise the attac[iec[ on Sunday, Nay 11, 2003. Cll:ianks, Trish 3tmutes ~ ~ecoraCs <<PUDZ-2003-AR-3569. doc>> <<PUDZ-2003-AR-3569. doc>> 5/1/2003 NapLes DaiLy Ne~s NapLes, FL 34107. Affidavit of PubLication NapLes DaiLy News BOARD OF COUNTY CONNZSS[OflERS CHER! LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 58656471 NOT]CE OF INTENT TO State of FLorida County of CoLLier Before the undersigned muthority/ personalty appeared B. Lamb, vho on oath says that she serves as Assistant Corporate Secretary of the NapLes 0aiLy Nevs/ a daily nevspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said NapLes 0aiLy Nevs is a newspaper pubLished at NapLes, in said CoLLier County/ FLorida, and that the said nevspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class emil matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLZSHE0 ON: 05/11 AD SPACE: 178.000 INCH FILED ON: 05/12/03 Signature of Affiant Sworn to and Subscribed PersonaLLy knoun by me NOTE.' All persons wish- ing to speak on s.nyI ~ Item _must.reg~.-I tar with the county an'l mlnlstrator prior to pr~.-I sentatio~ of the aOenOal item to be addressed.I Individual speakers wi be limited to $ minute .on any rem The sele( Lion of an Individual t speak on behalf of a organization or group encouraged. If r. eco( nlzed .by the Chalr. ma~ a spoKesperson for group or organlzatlo may ce allotted 10 mh utes to speak on an Item. Persons wishing to have wrtten or graphic materials included n 'the Board agenda pack- ets must submit said] material a minimum of 31 weeks prior to the re-I spectlve public, hearlng.] In any 'c~e, wr~m .m~-I terlals Ifltended to ne/ shall be submitted to/ $'Ud'f k mllMml,N'ql of sev- en days prier to the public he~l~. All ma- teriel uae~ M wnta- tions before the Board will become a per,ma- ......... +- nent part of the record. /~ ! Any persq, n w.ho .d.ecldes. to appeal a aeclslon or .... ~ - the Board will need a re- /(~-- L_ , cord of the proceedings. 20 pertaining thereto eno me/~'..l~ ___~)day of _ - therefore, may need to ensure that a verbatim ( .~1~"~i /~.7'~,e-'~. record of the proceed- .... Ings s ma.de, which' re- ~(~ cord Incluaes the testi- mony and evidence DOnna Chesney upon which the appeal is based. ' My Commission DDO56336 BOAR'D' OF COUNTN E×p,res September 11. 2005 COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, C~HAIR- MAN · DWIGHT E. BROCK, CLERK By: /s/Patrlcla L, Mcr- INTENT TO I CONSIDER ORDINANCE I Notice Is hereby givenI that on TUESDAY. MaYl 27. 2003. In the Board-I room 3rd Floor. Adm n-I 'lstratlQn Build ng. Co Iler County uovernmentl Center, 3301 East Tam mi Trail, Naples, Florida, the Board of County Commissioners will con- sider the enactment of a Coun.ty Ordinance. The meeting will cOmmence at 9:00 A.M. The title o1 ,the p. roposed Ordinance is as follows: AN ORDINANCE AMEND. lNG ORDINANCE NUM. BER 9[-102, THE COLLIER COUNTY LAND DEVELOP. MENT CODE WHICH IN- CLUDES THE COMPRE. HENSIVE ZONING REGU. LATIONS FOR THE UNIN- CORPORATED AREA OF COLLIER COUNTY< FLORI- DA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZON- ING CLASSIFICATION OF TNE HEREIN DESCRIBED REAL PROPERTY FROM THE 'I~JD" ZONING DIS- TRtCT (~IADALETA PUO) TO A PLANNED UNIT DE- VELOPMENT (PUD) DIS- ~ TO. RE KNOWN AS THE NORTN NAPLES RE- SEARCH AND TECH- NOLOGY PARK PUD LO- CATED ON THE'WEST SIDE OF OLD U.S. 41 NORTH (C.R. 867) ANO IMMEDIATELY CONTIGU- OUS TO THE LEE/CO- ;IER COUNTY LINE. IN [CTION ~0i TOWNSHIP I SOUTH, RANGE 25 L~r, ,COLLIER COUNTY .ORtDA~ CONSISTING · ' 19.3+ ACRES~ AND BY IOVIDING .AN EFFEC- ~UDZ-2003-A [69 Robert ouane, ct 3lo Montes, Inc., repre-~ .~ntlng North oil Range, Inc,,. re. jesting a rezone rrom uses ~grope~ acres. 2.1 '2.2 2.3 SECTION H PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL PROPERTY OWNERSHIP North Naples Golf Range, Inc.. as Trustee of the SSG Land Trust A~eement, U/A dated $/9/97. arc isthc owners of the subject property at the time o£this application for rezoning. LEGAL DESCRIPTION The subject property being ±19.3 acres is described as: The North ½ of the North ½ of thc North ¼ of the North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; and The North 200 feet of the South ½ of the North ½ of the North ¼ of thc North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida GENERAL DESCRIPTION OF pROpERTY The project is comprised of±19.3 acres, more or less, and is located on the west side of Old U.S. 41 just south of the Lee/Collier County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range. The average elevation Of the subject property is approximately twelve (12) feet above mean sea level. Most of the site has been cleared but still contains some xeric scrub. The soil types are substantially comPosed of various sandy soils. The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range, residential uses and limited commercial uses. 2.4 SHORT TITLE This Ordinance shall be known and cited as the "North Naples Research and Technology Park Planned Unit Development Ordinance". 2.5 STATEMENT OF UNIFIED CONTROL This Statement represents that the current property owner has the lands under unified control for the purpose °f obtaining PUD zoning on the subject property. portion of the building with a minimum of eight feet (vertical dimension) of roofline separation. The entry feature element shall span a minimum of 60% of the horizontal length of the front fagade and provide a 3-foot minimum overhang and/or recessed alcove for entry doors at the entry feature element. The front fagade of the entry feature element shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step-down is apparent. The entry feature fagade facing a street shall have door and window areas not less than 30% of the front elevation of the element. The total fagade area is calculated as follows: front element width times the floor to roof line height (not including parapet wall height). Glazed doors and windows shall be grouped together to form horizontal glazing bands with horizontal dimensions at least twice the height of the window opening. Metal wall panels are permittedaeeeptat~le for the building facade only for the building facades ofbuildim, s and structures located on the south side of the access road. As to such buildings, the metal pan.els are permitted-if located behind the entry feature element component of such buildings: and only if.~ tongas the panels are twenty-five (25) feet in height, or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall fagades ~ buildim, s located north of the access road and wall facades over twenty-five (25) feet in height shall not be comprised of metal wall panels but may be of any other exterior wall material permitted by Division 2.8 of the LDC. Wall fagades over twenty-five (25) feet in height shall be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontal plane. Horizontal banding with wall color variation utilized in conjunction with control joint or scoring patterns is required. Se Architectural treatment, articulation and material selections shall be utilized on all fagades of the building. 6. All mechanical roof top units and condensers shall be screened from view. If any building is constructed on the northem property line west of the Upland Preserve Area and east of Lot Number 9 as depicted on the PUD Master Plan and if the north elevation length exceeds the buildable distance permitted on the largest of these lots, the north elevation shall be required to meet the Massing Standards of Subsection 2.8.3.5.5 of the LDC (Paragraphs 1 and 2) or Subsection 2.8.4.4.5 of the' LDC (Paragraphs 1 and 2) as determined by the building square footage. The intent of this requirement is to control the north elevation mass in cases where more than one lot is utilized for the construction of an individual building. 4.19 LANDSCAPING AND WALLS All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and Section 4.18A of this PUD Ordinance. However, in addition, the following landscape 14 requirements shall be met: 1. A five foot high berm constructed at a 3 to 1 slope shall be provided to the west of the proposed water management area, with a Type "B" buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D" buffer along U.S. 41, and no other type of landscaping shall be introduced into this Area other than restored native vegetation. 3. In addition to the landscapim, and bufferin~ requirements otherwise contained herein, A___dditional landscaping shall be required along the north property line ......... ',,ho '~v ............ 2,rca ............... .~ v ...................... 9 and the buffer shall be enhanced by the installation of Cabbage Palm, or similar tree species, ranging in heights from 12' to 20' tall at time of planting and shall be spaced on an average of 10' on center to provide additional screening for residentially zoned land v,-,-o tv ^ Type "B' buffer shal! be provided between either the Target or Non-target Use Areas "~' or "B" and the adjoining residential area to the west. ^ masonr~ wall or pre-caset opaque concrete (or similar mate6al) fence/w~ll shall be required constructed along the noM~e~ propeEy line to the weste~ boundar~ of Tract ~umber 9. ~aid wall shall be $ feet in height and shall be constructed at one time at ~{he location~ depicted on cross sections depicted on the PUD Master Plan. 6. The landscaping ._A ................... s required bY this PUD Document shall be installed or constructed at the time of SDP approval for each individual lot~ however, e~-f~fe~e/wall treatment and landscaping along the northern property_ line sham ~,~ic;as~;loCa~ ;^r~e~;: c.rn~f,e,,nLce,,,~e,,nt[~t,of lots located north of C.\WINDOWS\TEMP\ann FI~Pnudv~rqinn q 99 O'l_q 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 18~ 19. 20. 21. 22~ 23. 24. Communication (groups 4812-4841) 8 C Computer and data processing services and computer related services Data and information processing Development testing and related manufacturing Drugs and medicine (groups 2833-2836) Dwelling units located above Target or Non-Target Uses Education, scientific and research organization Export based laboratory research or testing activities Information technologies Laboratories (groups 5047, 5048, 5049, 8071, 8731, and 8734) Medical laboratory (groups 8071, 8072, 8092, and 8093) Parks Photo finishing laboratory Printing and publishing (group 2752) Production facilities and operations/teChnology based Indoor storage only Research/development and technology laboratories (groups 8071,8731, and 8734) Telephone cormnunications (group 4813) Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. B. Non-Target Industry Uses: A maximum of 2.54 acres may be used for Non-Target Use Areas. These areas are labeled Target or Non-Target Use Areas "A" and "B" on the PUD Master Plan: 6. 7. 8. 9. 13. 15. 16. 20. 21. 22. Accounting (groups 8721,7521,7231,7241) ATM (automatic teller machine) A ..4.~I...~1 ..... ~ ~,~4.' ..... 1..~^~+ d-~'~+:~ ,') ~ ")O ~.t'4.1,.~ T '1'~tTM Banks and financial establishments (group I 6011 - 6062 and group II 6081 - 6173) Barber shops (group 7241) Beauty shops (group 7231) Business services (groups 7311-7352, 7359-7389) Car wash (gl'oup 7542) Accessory_ only Clothing stores, general t""n..-,kt~l.*.,:l 1 ....... / ..... tggl '2"X . Convenience food and beverage store with Fuel Pumps Day care center, adult and child services Drive-throUgh facility for any permitted use Drugstore, pharmacy (group 5912) Dwelling units located above Target or Non-Target Uses Engineering (groups 0781, 8711-8713, and 8748) Food and beverage service Food stores (groups 5411-5499) General merchandise (groups 5331-5399) General contractors (groups 1521-1542) Gift and souvenir shop 18 C.\WINDOWS\TEMP\a o FRPolldvers~on5 22 03-5 24 doc ....................... -""~ 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. .4'3 43. 44. Hardware store (group 5251) Health care facilities (groups 8011-8049, 8051-8099) Hobby, toy and game shops Hotel/motel (groups 7011,7021,7041) Insurance companies (groups 6311-6399, 6411) Laundry or dry cleaning (group 7215 only) Legal offices (group 8111) Management (groups 8741-8743, 8748) Membership organization (groups .8611-8699) Motion picture production studio (groups 7812-7819) Personal services (groups 7211-7299) Photographic studios (group 7221) Physical fitness (group 7991) Professional office Research/development and technology laboratories (groups 8071,8731, and 8734) Restaurant, fast food Restaurants (groups 5810J4~1-3) Co'Cj'(.7~'rZ/[''e/tqj$'~-~(q~''-~/~ Schools, commercial (groups 8243-8299) Security and commodity brokers (groups 6211-6289) Travel agency (group 4724) Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as detemained by the Board of Zoning Appeals. Co Accessory Uses and Structures 4. 5. 6. 7. Accessory uses and structures that are incidental to uses permitted as o fright in the PUD. For Target Use Areas, retail sales or display areas accessory to the principal use shall not exceed an area greater than twenty (20) percent of the gross floor area of the permitted principal use and are further subject to retail standards for parking and landscaping pursuant to Divisions 2.3 and 2.4, respectively, of the LDC. Administrative offices Parking garages Care takers unit Storage, indoor only Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 6.5 DEVELOPMENT STANDARDS FOR TARGET AND NON-TARGET USE AREAS A. Minimum lot area - 20,000 square feet B. Minimum lot width- 100 feet; however, lots fronting on Old U.S. 41 shall have a minimum lot width of 250 feet of frontage on Old U.S. 41 and the northwestern-most lot adjacent to the 19 ~~.M--.P-~.?-~.~e~.r..s-..l..9-~5-~-2-2--.~-3-~:.~..-2-~=~C:``W~ND©W~``TEMp``FR pud '~'¢~n 5-22-~2 Co Ko Lo cul-de-sac shall have a minimum lot width of 42 feet on the interior street Minimum size of structures - 1000 square feet Minimum yard requirements: 1. Front Yard: 25 feet 3. 4. 5. Side yard: 15 feet except when abutting residentially zoned property, then 25 feet Rear yard: 15 feet Minimum yard requirement from may residentially zoned property: 25 feet. Separation between buildings: 15 feet or one-half the building height, whichever is greater. Maximum height of structures: Three stories with a maximum height of 35 feet. However, the maximum height of any building to be constructed on the westerly most tract depicted on. the PUD Master Plan as Tract Number 9 is limited to a maximum height of twenty-five (25) feet. Outside storage and display - No outside storage and display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. Lighting - Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or interference. Parking lot lighting facilities on the westerly most portion of Tract Number 9 and along the northern property line shall be limited to a maximum of twelve (12) feet in height. Shielding of these lights shall be provided so that no direct glare impacts any residential structure to the west or north. Building permits - Building permits for Non-Target Uses shall be issued for no more than 10,000 square feet of gross leasable area up and until the first building permit is issued for the Target Use Area use. The landscape berm and buffer area located on the western portion of the property, as depicted on the PUD Master Plan, shall be provided within the initial phase of construction. A fence or landscaping features designed to deter pedestrians shall be provided along the western edge of the westerly most tract of the project. Hotel/motel - Hotel/motel units may be developed to a maximum floor area ratio of 0.60, and not to exceed 16 dwelling units per acre. On the north side of the access road [4..~ours of delive~ and loading/unloading are only permitted between the hours of 6:00 a.m. and 9:00 p.m,~ on-tt~,c ....... o,d,~,,~c~t',,,. ........... ,,,,,,,,~ road= Residential Standards -The development standards for Non-Target Use Areas "A" or"B" for residential/commercial mixed uses are set forth as follows: 1. Residential dwelling units shall be located above principal uses. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 Zoning District which standards are in effect as of the date of adoption of this Ordinance. 3. Building height shall not exceed a maximum height of 35 feet. requirements shall be met: 1. 8C A five foot high berm constructed at a 3 to 1 slope shall be provided to the west of the proposed water management area, with a Type "B" buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A".for detail.) The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D" buffer along U.S. 41, and no other type of landscaping shall be introduced into this Area other than restored native vegetation. In addition to the landscaping and b'ufferin~ requirement~ otherwise contained herein I ~_additional landscaping shall be required along the north property line '"~"'"~" ' '"""' '" "-'"" '""-' '~'" "-o'-..J v.,-.--,.. -,- ........,~..,... an e u r shall be enhanced by the installation of Cabbage Palm, or similar tree species, ranging in heights from 12' to 20' tall at time of planting,and sba1! be spaced on an average of 10' on center to provide additional screening for residentially zoned Iana A Type "B" buffer shall be provided between either the Target or Non-Target Use Areas "A" or "B" and ~_e.~oining residential area to the west. A masonry wall or pre~caset ~r~a(]ue concrete (or similar material) fence/wall shall be I ;',."qu:~rcd constructed along th-e r~orthem property line to the western boundary of I Tract Nmnber 9. Said wall shall be 8 feet in height and shall be constructed at one. time at athe locations depicted on cross sections depicted on the PUD Master Plan. The landscaping ............. nfs required by this PUD Document shall be installed or constructed at the time of SD1) approval for each individual lot; however, all of the fence/wall treatment and landscaping along the northern property line shall I be constructed prior to the comme, l~O-e?-ne~t of development of lots located north of he access road ~ ,,, :no c .... r~,c,r ~"~, Tract Number0] '- _.., ,- ' I ORDINANCE NO. 03- 2 6 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE "PUD" ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED ON THE WEST SIDE OF COUNTY ROAD 867 (OLD U.S. 41) AND IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP, of Hole Montes, Inc., representing North Naples Golf Range, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from the Gadaleta PUD Zoning District to the North Naples Research and Technology Park PUD Zoning District in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this o~7'~''~ day of ~ fl ~ Apptq~~ E9~.'~.,5.,' 5' Student Assismt Coun~ A~omey ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~D~/ TOM HENNING, CHAIRMAN PUDZ-2003-AR-3569/FR/sp THE NORTH NAPLES RESEACH AND TECHNOLOGY PARK A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLOmOA 34110 HM PROJECT 2002061 Date Reviewed by CCPC: Date Approved by BCC: Ma,/- 27,2003 Ordinance No. 2003 - 26 Amendments & Repeals Amends 91-102 EXHIBIT "A" SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII TABLE OF CONTENTS Page Statement of Compliance .............................................................. 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................... 6 Statement of Intent and Project Description .......................................... 7 General Development Regulations .................................................... 8 Preserve Area Requirements .......................................................... 17 Permitted Uses and Dimensional Standards for Research and Technology Park Uses Both Target And Non-Target Use Areas ...................................... 18 Development Commitments ........................................................... 23 EXHIBITS Exhibit A - PUD Master Plan 2 SECTION I STATEMENT OF COMPLIANCE The development of +19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The proposed Research and Technology Park PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: The property is located in the Urban Mixed Use District, Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County GMP. The Future Land Use Element ("FLUE") of the Collier County GMP allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District in which the subject property is located. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on arterial or collector roadways. Old US 41, which provides access to the subject property, is classified as a collector road way according to the Transportation Element of the Collier County GMP. Therefore, consistency can be established with this provision of the FLUE. o The Research and Technology Park Subdistrict also requires provision for workforce housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. The total number of workforce housing units will not exceed twelve (12) dwelling units total and shall be provided on Target or Non-Target Use Areas "A" or "B" as depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based on the underlying size of the gross leasable floor area of the first floor for either Target or Non-Target Use Areas "A" or "B". This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into efficiency apartments, one (1) bedroom units, two (2) bedroom or 3 bedroom units at the option of the developer. The provision of work force housing in accordance with this standard is consistent with the requirement to provide workforce housing within the Research and Technology Park Subdistrict of the FLUE. o The Research and Technology Park Subdistrict requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion Boundary according to the FLUE. Therefore, a density of up to 3 dwelling units per acre is permitted without density bonuses for workforce housing. Based on the 3.96 acres of upland and wetland preserve area and Florida Power and Light easement area located within the subject property, a maximum of 12 dwelling units are permitted. Based on the formula provided in 3 Paragraph Four above, up to 12 dwelling units can be found consistent with the Density Rating System of the FLUE. The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park area shall be devoted to Target Use Areas or 8.23 acres and a maximum of twenty (20) percent of the area shall be devoted to Non-Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County GMP because more than 8.23 acres of Target Use Areas are proposed and 2.54 acres of Non-Target Use Area is provided for on the PUD Master Plan. The Future Land Use Designation Description Section of the FLUE defines Target Industries identified by the Economic Development Council of Collier County which are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; intemet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export-based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. Section 6.4 of the PUD Document provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of the PUD for research and technology parks. Therefore, consistency can be established with this provision of the FLUE. The Future Land Use Designation Description Section of the FLUE defines when Non- Target Industry Uses may include hotels at a floor area ratio consistent with Section 2.2.15.4.7 of the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. Section 6.4 of the PUD Document provides for the Non-Target Industries listed above including other uses contained in Section 2.2.20.4.8 of the LDC in effect as of the date of approval of the PUD for research and technology parks. Therefore, the proposed uses for Non-Target Industries may be found consistent with the FLUE. The Future Land Use Designation Description Section of the FLUE provides that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of gross leasable area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Document. Therefore, consistency can be established with this provision of the FLUE. 10 The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the 4 FLUE. 11. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 12. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 13. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 14. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Collier County GMP. 15. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 16. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance (Division 3.15 of the LDC) and further required by Policy 2.3 of the FLUE. 5 2.1 2.2 2.3 2.4 2.5 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL PROPERTY OWNERSHIP North Naples Golf Range, Inc., as Trustee of the SJG Land Trust Agreement, U/A dated 5/9/97, is the owner of the subject property at the time of this application for rezoning. LEGAL DESCRIPTION The subject property being +19.3 acres is described as: The North ½ of the North ½ of the North ½ of the North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; and The North 200 feet of the South ½ of the North ½ of the North ½ of the North East ¼ of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida GENERAL DESCRIPTION OF PROPERTY The project is comprised of+l 9.3 acres, more or less, and is located on the west side of Old U.S. 41 just south of the Lee/Collier County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range. The average elevation of the subject property is approximately twelve (12) feet above mean sea level. Most of the site has been cleared but still contains some xeric scrub. The soil types are substantially composed of various sandy soils. The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range, residential uses and limited commercial uses. SHORT TITLE This Ordinance shall be known and cited as the "North Naples Research and Technology Park Planned Unit Development Ordinance". STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has the lands under unified control for the purpose of obtaining PUD zoning on the subject property. 3.1 3.2 3.3 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION INTRODUCTION It is the intent of this Ordinance to establish a PUD meeting the requirements as set forth in Section 2.2.20 of the Collier County LDC. The purpose of this Document is to set forth regulations for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County GMP. PROJECT DESCRIPTION The project contains +19.3 acres and includes land area to provide for a mix of Targeted Use Areas - aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office uses, banks, restaurants, personnel and professional services. The maximum amount of Non- Target Use Area permitted by the FLUE is 2.74 acres. The PUD Master Plan (Exhibit A) shows that 2.54 acres is being provided for the Non-Target Use Area. The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides 9.89 acres for this purpose. The North Naples Research and Technology Park PUD will provide up to twelve workforce housing units in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan and comprise approximately 2.7 acres. Access will be provided from Old U.S. 41 by way of the sixty (60) foot wide access road. LAND USE PLAN AND PROJECT PHASING The PUD Master Plan provides for areas of light technology-based uses Target Use Areas and Non-Target Use Areas to provide for commercial support services, as well as rights-of-way, lakes, preservation areas and an FPL easement area. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined, or developed separately, subject to compliance with the applicable dimensional requirements contained within this Document. The anticipated time of build-out of the project is approximately three (3) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the North Naples Research and Technology Park Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD: Ao Regulations for development of the North Naples Research and Technology Park PUD shall be in accordance with the contents of this Document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County GMP in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD Document and any other conditions or modifications as may be agreed to in the rezoning process for the subject property. In addition, any successor in title or assignee is subject to the commitments within this Document. Bo Unless otherwise specified, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application to which the definition relates. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the North Naples Research and Technology Park PUD shall become part of the regulations that govern the manner in which this site may be developed. Do Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. Unless specifically waived through any variance or waiver process, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or 4.4 4.5 4.6 other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of any building permit or other development order, the provisions of Section 3.3 of the LDC, Site Development Plans, shall be applied to all platted parcels, where applicable. PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 9 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 SUNSET AND MONITORING PROVISIONS The North Naples Research and Technology Park PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. NATIVE VEGETATION A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided for retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetland preserve area located on the western portion of the site, the 0.7 acre xeric scrub preserve at the southeast corner of the site and 0.5 acre of native vegetation to be retained along the northern property line, for a total of 2.7 acres. ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to historic or archaeological resources in the event such resources are located on the property. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a property owners' association to be established by the developer. OPEN SPACES The Collier County LDC requires that research and technology parks shall maintain open space at a minimum of thirty (30) percent of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, or both as may be required. OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director. This review shall 10 take into account engineering and safety considerations. 8C 4.15 ROADWAYS Roadways within the North Naples Research and Technology Park PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or exempted by this PUD, or approved during final subdivision plat approval. The developer reserves the right to request substitutions to LDC design standards in accordance with Section 3.2.7.2 of the LDC. 4.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the North Naples Research and Technology Park PUD. General permitted uses are those uses which generally serve the developer and residents of the North Naples Research and Technology Park PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including the necessary accessways, parking areas and related uses to serve such offices subject to the issuance of a temporary use permit pursuant to Section 2.6.33 of the LDC. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. o Any other commercial use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 4.17 SIGNAGE It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size, style and color without conflicting with corporate identification symbols required for successful advertisement. All monument and building faCade signs shall meet the following requirements but shall be ultimately governed by Collier County signage requirements. A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in 11 force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. Signs shall be permitted in private rights-of-way. All signs shall be located so as not to cause sight line obstructions. Utilization of lands within all project right-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director. This review shall take into account engineering and safety considerations. The only signage permitted within preserve areas shall be directly related to the protection and educational component of the Preserve Area. Entrance Signs: Two ground or wall-mounted entrance signs may be located at the entrance to the PUD. Such signs shall only contain the name of the development or the insignia or motto of the development. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from the public right-of-way and any perimeter property line shall be 15 feet. Traffic Signs: Traffic signs, such as street signs and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with Florida Department of Transportation (FDOT) criteria. Do Wall Mounted Signs Wall mounted signs shall be individual letter mounted separately or on a continuously wire raceway in a color to blend with the wall. Box type signs are not permitted. Wall signs shall be placed within a 24 inch high horizontal signage band around the building perimeter. o Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed the requirements of Division 2.5 of the LDC. 12 E. Colors Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.18 ARCHITECTURAL AND SITE DESIGN STANDARDS The North Naples Research and Technology Park Design Standards have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate structures. These standards replace related portions of the Collier County Architectural Standards (LDC Division 2.8) provided for below. All other portions of the Collier County LDC remain in full force and effect. The intent of this standard is to establish requirements that emphasize compatibility and a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A" and "B" located along Old U.S. 41 shall meet current LDC, Division 2.8, Architectural and Site Design Standards. Each building shall be designed with an entry element at street side as indicated on the site plan, in order to articulate building massing and visually reduce building heights along the street. A. Landscape and Streetscape Requirements Landscape buffer requirements shall be as indicated in Division 2.4 of the LDC, except as provided within this Document. Trees shall be planted along the street right-of-way at 30 feet on center, uniformly spaced on each site, to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. Decorative street lights shall be 20 feet in height and shall be installed at 100 feet on center near the intersection of right-of-way lines and perpendicular property lines to provide a uniform and continuous lighting pattem. A pedestrian walkway shall be provided from each building entry to the street sidewalk. B. Building Design Requirements The following requirements replace Subsection 2.8.3.5.2 of the LDC - Building Orientation Standards, Subsection 2.8.3.5.3 of the LDC - Faqade/Wall Height Transition, Subsection 2.8.3.5.4 of the LDC- Facade Standard, Subsection 2.8.3.5.5 of the LDC - Massing Standards, Subsection 2.8.3.5.6 of the LDC -Project Standards, Subsection 2.8.3.5.7 of the LDC - Detail Features, Subsection 2.8.3.5.8 of the LDC- Additional Faq:ade Design Treatments for Multiple Use Buildings, Subsection 2.8.3.5.10 of the LDC - Roof Treatments for Buildings over 20,000 square feet. The equivalent requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet are also amended by 13 these standards. Buildings shall be designed with the main entrance feature facing the street or on the front comer adjacent to side yard visitor parking areas in a manner that addresses the street and parking lot. All buildings will have a single story entry feature element adjacem to the street with a mass that steps down from the larger research / technology portion of the building with a minimum of eight feet (vertical dimension) of roofline separation. The entry feature element shall span a minimum of 60% of the horizontal length of the from facade and provide a 3-foot minimum overhang and/or recessed alcove for entry doors at the entry feature element. The front faq:ade of the entry feature elemem shall be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step-down is apparem. The entry feature faq:ade facing a street shall have door and window areas not less than 30% of the from elevation of the element. The total faq:ade area is calculated as follows: from elemem width times the floor to roof line height (not including parapet wall height). Glazed doors and windows shall be grouped together to form horizontal glazing bands with horizontal dimensions at least twice the height of the window opening. Metal wall panels are permitted for the building fagade only for the building fagades of buildings and structures located on the south side of the access road. As to such buildings, the metal panels are permitted if located behind the entry feature element component of such buildings, and only if the panels are twenty-five (25) feet in height, or less. Semi-concealed fasteners are required. If metal wall panels are used on the entry feature elemem, they shall be smooth face architectural panels. Wall fagades of buildings located north of the access road northerly facing wall facades on buildings on Lot Number 9, and wall facades over twenty-five (25) feet in height shall not be comprised of metal wall panels but may be of any other exterior wall material permitted by Division 2.8 of the LDC. Wall faq:ades over twenty-five (25) feet in height shall be delineated with control joims or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizomal plane. Horizontal banding with wall color variation utilized in conjunction with control joim or scoring patterns is required. Architectural treatment, articulation and material selections shall be milized on all faCades of the building. 6. All mechanical rooftop units and condensers shall be screened from view. If any building is constructed on the northem property line west of the Upland Preserve Area and east of Lot Number 9 as depicted on the PUD Master Plan and if the north elevation length exceeds the buildable distance permitted on the largest of these lots, the north elevation shall be required to meet the 14 4.19 Massing Standards of Subsection 2.8.3.5.5 of the LDC (Paragraphs 1 and 2) or Subsection 2.8.4.4.5 of the LDC (Paragraphs 1 and 2) as determined by the building square footage. The intent of this requirement is to control the north elevation mass in cases where more than one lot is utilized for the construction of an individual building. LANDSCAPING AND WALLS All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and Section 4.18A of this PUD Ordinance. However, in addition, the following landscape requirements shall be met: 1. A five foot high berm constructed at a 3 to 1 slope shall be provided to the west of the proposed water management area, with a Type "B" buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D' buffer along U.S. 41, and no other type of landscaping shall be introduced into this Area other than restored native vegetation. 3. In addition to the landscaping and buffering requirements otherwise contained herein, additional landscaping shall be required along the north property line and the buffer shall be enhanced by the installation of Cabbage Palms, or similar tree species, ranging in heights from 12 feet to 20 feet tall at time of planting and shall be spaced on an average of 10 feet on center to provide additional screening for residentially zoned land to the north. 4. A Type "B" buffer shall be provided between either the Target or Non-Target Use Areas "A" or "B" and the adjoining residential area to the west. 5. A masonry wall or pre-cast opaque concrete (or similar material) fence/wall shall be constructed along the northern property line to the western boundary of Lot Number 9. Said wall shall be 8 feet in height and shall be constructed at one time at the locations depicted on cross-sections shown on the PUD Master Plan. 6. The landscaping required by this PUD Document shall be installed or constructed at the time of SDP approval for each individual lot; however, all of the fence/wall treatment and landscaping along the northern property line shall be constructed prior to the commencement of development of lots located north of the access road and to the east of Lot Number 9; construction of the wall treatment and landscaping along the northern property line shall begin upon commencement of site work relating to lots located north of the access road including Lot Number 9 and shall be completed prior to obtaining a certificate of occupancy. Once construction of the wall commences, it shall be diligently pursued. 15 5.1 5.2 5.3 SECTION V PRESERVE AREA REQUIREMENTS PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on the PUD Master Plan. PERMITTED USES The PUD Master Plan provides for 2.7 acres of upland and wetland preserve areas. Minor adjustments may be made to the boundaries of the wetland preserve area located along the western portion of the property based on South Florida Water Management District permitting considerations. No such adjustments shall be made to the Upland Preserve Area located along Old U.S. 41. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Permitted Principal Uses and Structures in accordance with the preservation standards of Section 3.9.5 of the LDC: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. o Supplemental landscape planting, screening and buffering within the Preserve Areas, subject to SDP approval. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. DEVELOPMENT STARDARDS Principal structures shall be required to be set back twenty-five (25) feet from the Preserve Areas. Bo Accessory structures shall be required to be set back ten (10) feet from Preserve Areas. 16 6.1 6.2 6.4 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESEARCH AND TECHNOLOGY PARK USES - TARGET AND NON-TARGET USE AREAS PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the North Naples Research and Technology Park PUD and depicted on the PUD Master Plan. GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations. AREA + ACRES ±PERCENTAGE 1. Development Tracts 12.43 64.4% 2. Preserve Areas 2.70* 14.0% 3. Right-of-Way 1.29 6.5% 4. Lakes 0.90 4.7% 5. FPL Easement Area 1.26 6.5% 6. Open Space 0.69 3.9% 7. Total 19.3 100% The approximate acreage of development areas are depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Development areas are also designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in non-residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. No less than 8.23 acres will be developed with Target Industry Uses: One hundred (100) percent of the North Naples Research and Technology Park development tracts are allowed to be developed with the following principal uses (group numbers are as utilized in the Standard Industrial Classification Manual 1987): Aircraft and parts (groups 3271-3728 aviation/aerospace industries) Broadcast studio, commercial radio and television Cable and other pay television services (group 4841) * Preserve areas comprise 15% of the site area less the FPL easement area. 17 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Call center and customer support activities CD-ROM development Communication (groups 4812-4841) Computer and data processing services and computer related services Data and information processing Development testing and related manufacturing Drugs and medicine (groups 2833-2836) Dwelling units located above Target or Non-Target Uses Education, scientific and research organization Export based laboratory research or testing activities Information technologies Laboratories (groups 5047, 5048, 5049, 8071, 8731, and 8734) Medical laboratory (groups 8071, 8072, 8092, and 8093) Parks Photo finishing laboratory Printing and publishing (group 2752) Production facilities and operations/technology based Indoor storage only Research/development and technology laboratories (groups 8071,8731, and 8734) Telephone communications (group 4813) Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. B. Non-Target Industry Uses: A maximum of 2.54 acres may be used for Non-Target Use Areas. These areas are labeled Target or Non-Target Use Areas "A" and "B" on the PUD Master Plan: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Accounting (groups 8721,7521,7231,7241) ATM (automatic teller machine) Banks and financial establishments (group I 6011 - 6062 and group II 6081 - 6173) Barber shops (group 7241) Beauty shops (group 7231) Business services (groups 7311-7352, 7359-7389) Car wash (group 7542) Accessory only Clothing stores, general Convenience food and beverage store with Fuel Pumps Day care center, adult and child services Drive-through facility for any permitted use Drugstore, pharmacy (group 5912) Dwelling units located above Target or Non-Target Uses Engineering (groups 0781, 8711-8713, and 8748) Food and beverage service Food stores (groups 5411-5499) General merchandise (groups 5331-5399) General contractors (groups 1521-1542) 18 Co 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Gif[ and souvenir shops Hardware store (group 5251) Health care facilities (groups 8011-8049, 8051-8099) Hobby, toy and game shops Hotel/motel (groups 7011,7021,7041) Insurance companies (groups 6311-6399, 6411) Laundry or dry cleaning (group 7215 only) Legal offices (group 8111) Management (groups 8741-8743, 8748) Membership organization (groups 8611-8699) Motion picture production studio (groups 7812-7819) Personal services (groups 721 !-7299) Photographic studios (group 7221) Physical fitness (group 7991) Professional offices Research/development and technology laboratories (groups 8071,8731, and 8734) Restaurants, fast food Restaurants and cocktail lounges only in conjunction with restaurants (groups 5812-5813) Schools, commercial (groups 8243-8299) Security and commodity brokers (groups 6211-6289) Travel agency (group 4724) Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. Accessory Uses and Structures 4. 5. 6. 7. Accessory uses and structures that are incidental to uses permitted as of right in the PUD. For Target Use Areas, retail sales or display areas accessory to the principal use shall not exceed an area greater than twenty (20) percent of the gross floor area of the permitted principal use and are further subject to retail standards for parking and landscaping pursuant to Divisions 2.3 and 2.4, respectively, of the LDC. Administrative offices Parking garages Care takers unit Storage, indoor only Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 6.5 A. B. DEVELOPMENT STANDARDS FOR TARGET AND NON-TARGET USE AREAS Minimum lot area - 20,000 square feet Minimum lot width- 100 feet; however, lots fronting on Old U.S. 41 shall have a minimum 19 Uo Ho Ko lot width of 250 feet of frontage on Old U.S. 41 and the northwestem-most lot adjacent to the cul-de-sac shall have a minimum lot width of 42 feet on the interior street front. Minimum size of structures - 1000 square feet Minimum yard requirements: 1. Front yard: 25 feet 2. Side yard: 15 feet except when abutting residentially zoned property, then 25 feet 3. Rear yard: 15 feet 4. Minimum yard requirement from any residentially zoned property: 25 feet. 5. Separation between buildings: 15 feet or one-half the building height, whichever is greater. Maximum height of structures: Three stories with a maximum height of 35 feet. However, the maximum height of any building to be constructed on the westerly most tract depicted on the PUD Master Plan as Tract or Lot Number 9 is limited to a maximum height of twenty- five (25) feet. Outside storage and display - No outside storage and display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. Lighting - Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or interference. Parking lot lighting facilities on the westerly most portion of Tract or Lot Number 9 and along the northern property line shall be limited to a maximum of twelve (12) feet in height. Shielding of these lights shall be provided so that no direct glare impacts any residential structure to the west or north. Building permits - Building permits for Non-Target Uses shall be issued for no more than 10,000 square feet of gross leasable area up and until the first building permit is issued for the Target Use Area use. The landscape berm and buffer area located on the western portion of the property, as depicted on the PUD Master Plan, shall be provided within the initial phase of construction. A fence or landscaping features designed to deter pedestrian travel shall be provided along the western edge of the westerly most tract of the project. Hotel/motel - Hotel/motel units may be developed to a maximum floor area ratio of 0.60, and not to exceed 16 dwelling units per acre. For uses located on the north side of the access road, hours of delivery and loading/unloading are only permitted between the hours of 6:00 a.m. and 9:00 p.m All testing shall be conducted inside enclosed structures. Residential Standards -The development standards for Non-Target Use Areas "A" or "B" for residential/commercial mixed uses are set forth as follows: 1. Residential dwelling units shall be located above principal uses. 2. The number of residential dwelling units shall be controlled by the dimensional 20 o standards of the C-3 Zoning District which standards are in effect as of the date of adoption of this Ordinance. Building height shall not exceed a maximum height of 35 feet. Each residential dwelling unit shall meet the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet. Residential units may be provided on the second or third floor and may be mixed with office uses on the same floor. The mixed commercial/residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units. The required workforce housing units shall be provided when certificates of occupancy have been issued for building sites that comprise no more than 70 percent of the developable area or 8.7 acres. Should a conflict arise between County Staff and the developer concerning the implementation of any of the above requirements, the interpretation and appeal procedures of Section 1.6.6 of the LDC shall be followed. 21 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the North Naples Research and Technology Park PUD. 7.2 PUl) MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in strict accordance with approved site development plans, final subdivision plat and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The PUD Master Plan ("Exhibit "A") is illustrative in nature. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary or final subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continual operations and maintenance of all service utilities and all common areas of the project. 7.3 ENVIRONMENTAL mo An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to the Collier County Environmental Services Department prior to final site plan/construction approval. A schedule for exotic vegetation removal shall be submitted with the above-referenced plan. A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided as retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetland preserve area located on the western portion of the site, the 0.7 acre xeric scrub preserve area at the southeast comer of the site and the 0.5 acre of native vegetation to be retained along the northern property line. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Staff. Do The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service ("USFWS") and Florida Fish and Wildlife Conservation Commission ("FFWCC") regarding potential impacts to protected wildlife species. 22 Uo 8C Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction approval. The petitioner shall be subject to all environmental sections of the LDC and GMP in effect at time of final development order approvals. The scrub oak preserve area shall be restored in accordance with the approved "Unauthorized Vegetation Removal Remediation Plan and Exotic Vegetation Eradication & Maintenance Plan" prepared by Southern Biomes, dated November 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision plat or the issuance of first certificate of occupancy, whichever comes first. A Gopher Tortoise (GT) Relocation/Management Plan shall be submitted for review and approval at the time of plat/construction plan submittal. 7.4 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: mo All traffic control devices and design criteria used shall be in accordance with the minimum standards, as amended, and as adopted by the FDOT, as required by Chapter 316, Florida Statutes - Uniform Traffic Control Law. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the FDOT - Speed Zoning Manual, as amended, and as required by Florida Statutes - Chapter 316, Florida Statutes - Uniform Traffic Control Law. Arterial level street lighting facilities shall be provided at all development points of ingress and egress. Said lighting facilities must be in place prior to the issuance of the first permanent certificate of occupancy (CO). External and internal improvements determined by the Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. Uo Road impact fees will be paid in accordance with appropriate Collier County Ordinances unless otherwise approved by the Board of County Commissioners. Fo Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by the Collier County Transportation Staff. The Collier County Transportation Staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These adverse impacts include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. 23 Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and the LDC, as amended. Median access and control will remain under the Collier County Transportation Staff authority. Collier County Transportation Staffreserves the fight to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These adverse impacts include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of, nor lack of, a furore median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travelways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as implemented by the Collier County Transportation Staff. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by the Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over for ownership to Collier County Transportation Services Department, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. The developer(s) shall provide any and all site-related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left mm lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right- of-way, when applicable, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. The subject development turn lane improvements shall be as follows: On the north approach, a separate right turn lane for southbound to westbound traffic movement shall be provided. On the south approach, a separate left turn lane for northbound to westbound traffic movement shall be provided. On the west approach, a separate right mm lane for southbound traffic movement and dual purpose left mm/through lane for the northbound/eastbound traffic movement shall be provided. 24 Mo No All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the FDOT - Design Standards, as amended, and as required by Florida Statutes - Chapter 316, Florida Statutes, Uniform Traffic Control Law. All work within Collier County rights-of-way shall meet the requirements of Collier County Ordinance No. 93-64. All internal access(es), drive aisle(s), sidewalk(s), not located within County right-of- way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s), for that purpose. Joint/shared access(es) may be required by Collier County Transportation Staffas a condition of SDP approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff as a condition of SDP approval. Prior to development of any and all portion(s) of any and all development(s), SDP approval shall be obtained/received from Collier County Transportation Staffthrough the SDP review process, Division 3.3 of the LDC. If a gate is proposed at any and/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed-up onto any and all adjacent roadways. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate(s). 7.5 UTILITY REQUIREMENTS mo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer services to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sever facilities are available to serve the project. 25 7.6 ENGINEERING REQUIREMENTS mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Bo A copy of the SFWMD Surface Water Management Permit must be received by the Development Services Staff prior to any construction drawing approvals. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the rights-of-way and tracts shown on the PUD Master Plan. 7.7 WATER MANAGEMENT REQUIREMENTS Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. Co The wet season water table elevation shall be established at the time of SFWMD permitting, which is required for the subject property. Do A drainage easement along the easternmost side of the FPL easement shall be dedicated to Collier County at the time of final subdivision plat approval pursuant to FPL approval. The developer shall coordinate this requirement with the Collier County Stormwater Management Section Staff. No certificate of occupancy shall be issued until this easement is properly obtained and the instrument evidencing the grant of easement is recorded. Uo At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL easement shall be provided. The Collier County Stormwater Management Section will review and approve the stormwater management system and the developer shall obtain a surface water management permit from the South Florida Water Management District. The developer shall coordinate with the Sterling Oaks Homeowners' Association in order to plan for the Sterling Oaks stormwater discharge. This requirement is subject to a modification of the Sterling Oaks' South Florida Water Management District permit. 26 7.8 WORKFORCE HOUSING mo The developer shall provide up to twelve (12) workforce housing units on Target or Non-Target Use Areas "A" or "B" in a mixed use structure as depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based upon a ratio of gross leasable floor area (first floor commercial/industrial structure) to internal square footage of the residential area. The residential area may be developed as efficiency units, one (1) bedroom units, two (2) bedroom units or three (3) bedroom units at the option of the developer. Bo The workforce affordable housing units shall be required to be rented or sold to households with incomes at a rate not to exceed sixty (60) percent of the median income for Collier County for rental units and eighty (80) percent or less for owner occupied units. Rents charged for each unit may not exceed the United States Department of Housing and Urban Development sixty (60) percent rent limitations. Co The PUD Monitoring Report shall document that the incomes of the occupants of each work force housing unit meet the standards set forth in paragraph 7.8.B of this Document. Do Workforce housing units shall be constructed as set forth in Paragraph 6.5. N.7 of this Document. 27 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINAiqCE NO. 2003-26 Which was adopted by the Board of County Commissioners on the 27th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day Of June, 2003. DWIGHT E. BROCK Clerk of Courts.and Clerk Ex- o f f i c i ~--To~B~ Ltd of RESOLUTTON NO. 2003-188 A RESOLUTI'ON OF THE BOARD OF COUNTY COMMI'SSTONERS OF COLLTER COUNTY, FLORI'DA TO APPOI'NT DI'ANNE WET.1EN TO THE LI'BRARY ADVI'SORY BOARD. WHEREAS, Collier County Ordinance No. 88-71 confirmed the creation of the Library Advisory Board and provides that the Board shall consist of five (5) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Library Advisory Board has provided the Board of County Commissioners with its recommendation for appointment to their Board. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Dianne Wetjen, representing Commission District No. 1, is hereby reappointed to the Library Advisory Board for a four (4) year term, said term to expire on December 31, 2006. This Resolution adopted after motion, second and majority vote. DATED: May 27, 2003 A'I-I-EST: DWIGHT E. B~OCK, Clerk ,.~. (. -' ~','. Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~~'-~' ° :TOM HENNING~ ~-Z~-o~ DCW/kn: h;public;kay;adv.bds. RESOLUTION NO. 2003- '189 A RESOLUTION OF THE BOARD OF COUNTY COHMISSIONERS OF COLLZER COUNTY, FLORIDA TO REAPPOINT I~IEMBERS TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COI~II~II'I-rE E WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92-16 which created the Forest Lakes Roadway and Drainage Advisory Committee for the purpose of assisting the Board in providing and maintaining improved roadway related drainage and roadway restoration as set forth in County Ordinance No. 91-:~07; and WHEREAS, there are currently vacancies on the Forest Lakes Roadway and Drainage Advisory Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, a memorandum was received from staff advising that the Committee has made its recommendations for reappointment. NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COMMi[SSTONERS OF COLLIER COUNTY, FLORIDA, that: 1. William L. Seabury, Resident, is hereby reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2007. 2. Roger Sommerville, Resident, is hereby reappointed to the Forest Lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2007. BE ~1' FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of William L. Seabury to this Committee. This Resolution adopted after motion, second and majority vote. DATED: May 27, 2003 A'I-rEST: DWIGHT E. BROCK, Clerk Approved as to form and legal su~cien~: BOARD OF COUNTY COMMISSTONERS COLLIER COUNTY, FLOR1~DA By ~~ ' :TOM HENNING~ County Attorney 9C RESOLUTI'ON NO. 2003-190 A RESOLUTTON OF THE BOARD OF COUNTY COMI~rrss1'ONERS OF COLLTER COUNTY, FLOR1,DA TO REAPPOTNT RTCHARD E. .]OSLTN, 3R., TO THE CONTRACTORS' Li'CENS1,NG BOARD. WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples and/or the City of Marco Island, or recommended to the Board by the Naples City Council and/or the City Council of the City of Marco Island; and WHEREAS, on June 8, 1999, as required by Section 489.131(10), F/or/da Statutes, the Board of County Commissioners adopted Ordinance No. 99-45, amending Ordinance No. 90-105, to include at least 3 members that qualify as consumer representatives; and WHEREAS, the terms of three (3) members will expire, creating vacancies on this board for the categories of Contractor and Consumer Representative; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from various interested parties; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Richard E. -ioslin, _Ir., meets the prerequisites for appointment and is hereby reappointed under the category of Contractor to the Contractors' Licensing Board for a 3 year term, said term to expire on _Iune 30, 2006. This Resolution adopted after motion, second and majority vote. DATED: May 27, 2003 AI-I'EST: DWTGHT E..BRO~:K, Clerk Approved 8s to form 8nd legal sufficiency: David C. We/gel County Attorney DCW/kn: h;public;kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: RESOLUTI'ON NO. 2003-191 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLI'ER COUNTY, FLORIDA TO APPOINT MEMBERS TO THE COMMUNtTY CHARACTER/SMART GROWTH ADV~'SORY COMM'rTTEE WHEREAS, Collier County Ordinance No. 2001-41 adopted by the Board of County Commissioners on June 26, 2001, established the Community Character/Smart Growth Advisory Committee; and WHEREAS, Ordinance No. 2001-41 provides that the Committee shall be composed of twelve members from a broad base of citizens and disciplines, including two development representatives or experts in the fields of architecture, landscape architecture, land use or transportation planning, two environmental representatives, and eight community leaders or citizens; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dwight Oakley, representing the category of Architect, is hereby appointed to the Community Character/Smart Growth Advisory Committee to fulfill the remainder of the vacant term, said term to begin May 27, 2003, and to expire on June 26, 2004. 2. Bradley Cornell, representing the category of Environmentalist, is hereby appointed to the Community Character/Smart Growth Advisory Committee to fulfill the remainder of the vacant term, said term to begin May 27, 2003, and to expire on .lune 26, 2004. 3. Thomas "Chad" Lund, representing the category of Commercial Developer, is hereby appointed to the Community Character/Smart Growth Advisory Committee to fulfill the remainder of the vacant term, said term to begin June 1, 2003, and expire on June 26, 2004. 4. Gavin ]ones, representing the category of Transportation Planning, is hereby appointed to the Community Character/Smart Growth Advisory Committee to fulfill the remainder of the vacant term, said term to begin June 1, 2003, and expire on June 26, 2004. This Resolution adopted after motion, second and maiority vote. DATED: Nay 27, 2003 A'I-I'EST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: David C. Weigel~ County Attorney DCW/kn;h;kay;advisory boards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:To/~)1-'~' HENNING~ lOB MEMORANDUM Date: May 28, 2003 To: John David Moss, Planner Comprehensive Planning Services FFom~ Trish Morgan, Deputy Clerk Minutes & Records Department Re: Establishment of the Immokalee Area Master Plan Restudy Committee Enclosed please find one document as referenced above (Agenda Item #10B), approved by the Board of County Commissioners on May 27, 2003. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure RESOLUTION NO. 2003-192 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE IMMOKALEE AREA MASTER PLAN RESTUDY COMMITTEE WHEREAS, on April 29, 2003, the Board of County Commissioners directed the restudy of the Immokalee Area Master Plan as part of the second Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan (GMP); and WHEREAS, County staff' desires to have the Board of County Commissioners establish an ad hoc committee to assist staff' in its restudy of the Immokalee Area Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 10B SECTION ONE: Creation of the Ad Hoc Immokalee Area Master Plan Restudy Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County Commissioners hereby creates the Immokalee Area Master Plan Restudy Advisory Committee (the "Committee") as an ad hoc advisory committee. The Committee shall serve a term of one year which will commence on the effective date of the Resolution appointing its members, and shall conclude one year thereafter. SECTION TWO: Appointment of Members and Failure to Attend Meetings. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55. The Committee shall consist of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Immokalee Area Master Plan. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55. SECTION THREE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the Committee and shall include a Chairman, Vice-Chairman, and Secretary. The presence of the majority of the voting member shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved in advance by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: A. 10B Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; B. Aid and assist in the restudy of the Immokalee Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Committee relative to the Immokalee Area Master Plan; C. Identify and provide the Board of County Commissioners the Committee's recommendations relative to: 1. road improvements 2. economic incentives 3. increasing the quality and quantity of affordable housing 4. improvements relative to the Ave Maria University and town as it relates to the impact on the Immokalee urban area 5. improvements to the Immokalee Regional Airport 6. density increases in mixed-use districts 7. the conversion of an overabtmdance of land zoned industrial to residential; and 8. the facilitation of construction of commercial development in planned unit development commercial districts; and D. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Immokalee Area Master Plan. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time, and subject matter of the meetings. SECTION FIVE: Dissolution of Committee. At the conclusion of one (1) year from the date of the Resolution appointing the Committee members, the Committee's services are not expected to be required further and the Committee shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. This Resolution adopted this Zq4x day of (~ second and majority vote. ,2003 after motion, D~W.i, G.J~T E. BROCk, Clerk Approved as to form and legal sufficiency: ~Maoorie M. Student ~Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 2 TO: FROM' RE: Sue Filson Ellen T. Chadwell ~ BCC v. Richard L. Kniebes CEB No. 99--073 BCC Agenda Item 10C DATE: June 17, 2003 lOC Please find attached a copy of a check made payable to the BOCC in the amount of $25,000 in settlement of a code enforcement lien. This settlement was approved by the Board on May 27, 2003, as agenda item 10C. Pursuant to that approval, the Chairman is authorized to execute the attached Release of Lien upon its submittal by staff and payment to the County of $25,000. Please have the Chairman execute the Release and forward on to Recording for recording in the Official Records of Collier County. The recording fee of $6.00 should be charged to Code Enforcement Department. Acct. No. 111-138911-649030. If you have any questions, please call me at Ext. 2616. Thank you. enc. cc: David C. Weigel Michelle E. Arnold Shanelle Hilton (w/ original Check No. 1012) prepared by: Ellen T. Chadwell, Esquire Office of the County ;;ttor~y 3301 East Tamia~t Trail }4aples, Florida 3411Z (941) 774,8400 *** 3204524 OR: 3318 PG: 3193 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/17/2003 at 03:33PM D~IGH? E. BROCK, CLERK ~BC F~ ~.00 COPIHS 1,00 Retn: CLBRK TO THB BOARD INTBROFFICB ~TH FLOOR HXT 7240 RELEASE OF LIEN This is to certify that the claim of lien arising out of the Order Imposing Fine/Lien dated March 31, 2000, on behalf of Collier County, Florida, and recorded in O.k. Book 2660, Pages 3054, et. seq., and re-recorded in O.k. Book 2704, Page 890, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by the Estate of Richard L. Kniebes and Marsha L. Townsend, has been satisfied by payment of the sum of Twenty-Five Thousand Dollars ($25,000.00). Lot 17, Block 8, Naples Manor Extension, according to the plat thereof recorded in Plat Book 1010, Page 1658, in the Public Records of Collier County. Folio No. 62205920004 The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by the Estate of Richard L. Kniebes, or Marsha L. Townsend, and consents to this lien being discharged of record. Dated this (~{J~ day of June, 2003. ATTEST..'.., i 2;3-i'~'' DWIG~'.~.. · ~ '~'.~*, Clerk 4'> :- , '.,.% Approved as to form ~ suffici/,~y>[~~ Ellen T. Chadwell Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TO~mG,~h~m. oa~ ~ 10C 1012 LUDWIG J ABRUZZO ATTORNEY AT LAW /~./~ .~ 63-6,~3,670 TRUST ACCOUNT 5425 PARK CENTRAL COURT DATE NAPLES, FL 34109 Memo From: Date: Subject: Sue Filson - Board of County Commissioners Office Ron Hovell June 23, 2003 SIGNATURE REQUEST- Gordon Pass Jetty Sand Tightening (90278) Enclosed please find the Executed Amendment to the 2001 Tourism Agreement for the Gordon Pass Jetty Sand Tightening Project which needs to be signed by Commissioner Henning. Thank you in advance. FIRST AMENDMENT TO 2001 TOURISM AGREEMENT REGARDING GORDON PASS JETTY SAND TIGHTENING PROJECT This First Amendment to 2001 Tourism Agreement, made this 2rl~ day of ~ ,2003, (hereinafter referred to as "First Amendment) is entered into by and between the Boar~l of County Commissioners of Collier County, Florida (hereinafter referred to as "County"), and City of Naples (hereinafter referred to as "City"). W ITNE S SETH: WHEREAS, the County and City entered into a 2001 Tourism Agreement dated January 9, 2001 (the "Agreement") for the Gordon Pass Jetty Sand Tightening Project; and WHEREAS, the County and City desire to further amend the ten~s of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 2 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Four Hundred Fifty-Six Thousand One Hundred Thirteen Dollars and No/100 ($456,1. 13.00). GRANTEE shall be paid in accordance with the 'fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or perfo~Tnance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pm'suant to the attached Exhibit "A". 2. Section 13 of said Agreement is hereby deleted in its entirety and the following paragraph inserted in its place. TERM. This Agreement shall become effective on January 9, 2001 and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than September 30, 2004. 3. Exhibit "A" to said Agreement is hereby deleted in its entirety and Exhibit "A" attached to this First Amendment is inserted in its place. 4. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ~"7-r/-0~ ATTEST: DWIGHT E. BROCK, Clerk Heidi F. Ashton Assistant County Attorney 10[ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:T ~~f/'"'-~ ° OM HENNING~ ~-Z~ .0~ ATTEST: TXRA NORMA/N, City Clerk ROBERT D. PRITT, Ci't~fAttomey (Corporate Seal) GRANTEE CITY OF NAPLES By: WITNESSES:(1) ["~ '... · sIgnature Vri nted/',[yl~e~t .N~, ~ne S~gn~re/ Printed/Typed Name h:H FA\Agreements\l stAmendmenl-tourism agrecment-CityNaples Tourism Agreement for Completion of the Gordon Pass Jetty Sand Tightening Project Original TDC grant amount: Engineering, permitting Construction Total for TDC grant Initial contract amounts: Engineering Construction Additional amount needed to complete project~ Total cost for project Less DEP Grant (50% of total $ 50,000 275,000 $325,000 $ 80,445 729,721 $102,060 $912,226 $456,113 Notes Additional cost for rock delzvered from Georgia is $34.02 per ton. Times 3,000 tons that equals $102,060. See detailed breakdown in 10 April letter from John Saltsman. JCS/Wordata/T-Groin project/E~hib~t A budget 07 V 03.doc IOE MEMORANDUM Date: To: FFom: Re: May 28, 2003 Amanda Townsend Parks and Recreation Trish Morgan, Deputy Clerk Minutes & Records Department Boat Launch and Beach Access Master Plan Resolution 2003-193 Enclosed please find one copy as referenced above (Agenda Item #10E), approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures as RESOLUTION No. 2003- ~-93 IOE A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY PARKS AND RECREATION BOAT LAUNCH AND BEACH ACCESS MASTER PLAN. WHEREAS, adequate public access to coastal lands and waterways is an integral part of the superior quality of life enjoyed by residents of and visitors to Collier County, and; WHEREAS, The Collier County Growth Management Plan instructs that the County is to "continue to ensure that access to beaches, shores, and waterways remains available to the public and to develop a program to expand the availability of such including funding options for acquisition," and; WHEREAS, the Collier County Board of County Commissioners heard a presentation of the 2003 Collier County Parks and Recreation Beach and Boat Access Report at a public workshop on March 12, 2003; and, as a result thereof, instructed staff to present to the Board for its consideration and approval a Master Plan that addresses the recommendations contained in that Report;, and; WHEREAS, the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached to this Resolution as Exhibit A, is hereby presented to the Board for its consideration and approval in response to the Board's instructions to staff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached hereto as Exhibit A, is hereby adopted effective immediately. This Resolution adopted this ~.'~-~ day of motion, second, and majority vote favoring adoption. , 2003, after ATTEST: Dwight E. Brock, Clerk By: Tom Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS. Tom Henning, Chairman 0 EXHIBIT A 2003 COLLIER COUNTY PARKS AND RECREATION BOAT LAUNCH AND BEACH ACCESS MASTER PLAN 10£ A. GUIDING POLICIES 1. The frequency of beach access locations will be increased to distribute beach use more evenly. 2. The County's goal is to provide one parking space per one hundred fifty residents (1:150) when determining the need for beach parking. The County will maximize parking opportunities at existing boat launch locations. Recognizing the cost of waterfront boat launch facilities, the County should pursue opportunities to expand parking around present locations. Recommendations regarding the expansion of services to include onsite boat storage or other amenities not previously provided by the County (as has been requested by some residents of the community) are not within the scope of this plan. 4. The Comprehensive Plan and Land Development Codes will reflect the County's goal to expand public beach and boat launch opportunities. 5. The County will identify and consider the purchase of available properties for future boat ramp sites. 6. The County will continue to develop alternative opportunities to saltwater beach access and boat launch amenities. B. IMPLEMENTATION POLICY Based upon the policies listed above, the following is a master plan for the practical implementation of these recommendations: BEACH ACCESS Barefoot Beach Preserve 1.1. Back Bay Dock and Pier. Currently, excursion vessels drop off visitors at the southern tip of the park. This practice is damaging to the fragile ecosystem at Wiggins Pass. A dock and pier are planned for the inland side of the island to accommodate waterborne visitors while protecting the beach and dunes. This area will also allow Preserve visitors a better look at the mangrove habitat, which presently is only accessible by canoe. Educational programs and signage will accompany the facility. North Vanderbilt Beach and Conner Park 2.1. Bluebill Access. The Parks and Recreation Department developed Conner Park on Bluebill Avenue with eighty parking spaces to serve a future access point between Delnor-Wiggins State Recreation Area and the Vanderbilt Inn. The Department is working with the State Parks and Recreation Department to secure an access easement in exchange for improvements at Delnor-Wiggins. It may be possible to gain an easement from the owners of the Vanderbilt Inn in the future as well. 2.2. Conner Park Shelter and Rest Room. As the northern parts of Vanderbilt Beach are improved and additional access is added, the beach parking at Conner Park will be in increasing demand. A shelter and rest room will increase the amenity of this facility. 10£ Vanderbilt Drive. The Boat and Beach Access Report acknowledged the conflicting sentiment surrounding the future of the Vanderbilt Beach area and the resident outcry that prompted the current moratorium. The report concluded that while a more equitable distribution of beachgoers along the entire Gulf front should be a primary goal of the County, Vanderbilt Beach is currently the most viable location for improving beach access. The following projects will work to that end: 3.1. Refurbishment of the Pedestrian Accesses. Refurbishment of the walkway easement on Vanderbilt Drive at the Mansions condominium is currently underway. Staff recommends improvements to the other five walkways as well. 3.2. At the workshop on March 12, 2003, staff was given direction to provide rest room facilities in conjunction with any transportation shuttle program that would serve the improved accesses. The access easements are too narrow for such a facility, so the purchase of and improvements to lots along Vanderbilt Beach to serve that purpose will be necessary. This will improve the County's ability to qualify for State and Federal funding for renourishment of this beach, since the provision of a public beach access point every one-half mile is a requirement of these programs. Transportation Shuttle Service. To cost-effectively maintain the 1:150 parking ratio recommended in the Boat and Beach Access Report, a transportation shuttle service is proposed for the northern Collier County beaches. The purchase of Shuttle Busses and land for the parking area, as well as improvements to the parking area will be necessary. Florida Department of Transportation grant funds may be available for purchase of the shuttle busses. Vanderbilt Beach Park. A two-story, 400-space parking garage is planned for Vanderbilt Beach Park. This project is currently delayed by litigation, but resolution of the issue and completion of the project remains a recommendation of staff. With the introduction of a shuttle parking service and the possible construction of a parking garage at Vanderbilt Beach Park, this facility's existing rest rooms and boardwalks will need refurbishment or expansion. 6. Pelican Bay Beach Access. Collier County owns some inaccessible parcels of land between Vanderbilt Beach and Clam Pass. Staff recommends examining the viability of providing accesses in these areas. 7. Clam Pass Park. Refurbishments planned for this facility include parking lot resurfacing, new handrails, and improvements to the entrance booth. Tigertail Beach Park. The tidal lagoon at this park is now almost completely enclosed. A boardwalk connecting the mainland to Sand Dollar Island may be necessary in the future to allow visitors true Gulf-front access. The Parks and Recreation Department is currently developing the scope of a feasibility study to evaluate the environmental impact of this endeavor. Repairs to the dune walkovers at this park will be necessary within the next ten years. BOATING ACCESS Lake Access at Heritage Bay. In its review of the Heritage Bay Development of Regional Impact, the Parks and Recreation Department has requested that the developer, US Homes, provide access to one of the lakes within the area to offset the added strain on existing park facilities that the development will create. Access to Golden Gate Canals. Issues regarding recreational use of the Golden Gate canal system are currently under review by the County Attorney's office. Currently, an opportunity exists to purchase a parcel of land at the terminus of 58th Street, which could be developed to provide canal access. Bayview Park. The County should consider purchasing available space around the park to be used for additional trailer parking. The Parks and Recreation Department requested additional parking from the Hamilton Harbor Development of Regional IOE Impact, and in original plans fifteen spaces were provided. However, the most recent plans show that the request could not be accommodated due to environmental issues. Collier Boulevard Boating Park Expansion and Overflow Parking. Expansion to the north will add an additional 47 trailer parking spaces. A second phase of expansion to the south may add an additional 28 trailer parking spaces. This will be a multiyear project for which $600,000 is approved for FY 03 and $600,000 is planned for FY 04. Source funds are Boater Improvement Funds and Impact Fees. Shell Island Road Boat Ramp. The Florida Department of Environmental Protection at Rookery Bay is interested in purchasing the boat ramp facility at the end of Shell Island Road from the Conservancy of Southwest Florida. DEP would then consider leasing the ramp to Collier County in exchange in part for funding to pave Shell Island Road. Improvements to the facility would be necessary. Goodland Boating Park. Based upon previous Board direction, present Park plans will include two boat ramp lanes and 50 to 75 trailer parking spaces as well as a neighborhood park. This multi-year project has been accelerated to capitalize on existing permits issued to the previous property owner. Master planning is scheduled for FY 04 at $150,000. A $75,000 Florida Boater Improvement Program Grant has been applied for to offset this cost. Phase I development at $1,500,000 is slated for FY 05. Boater Improvement Grant funds can be pursued for development as well. Everglades National Park. The master plan for Everglades National Park includes a boat ramp. The facility has yet to be built because funds have not been available. An opportunity exists for the County to partner with the National Parks System to see this facility to fruition. CLIRK TO ?Ri BOARD INTEROFFICE 4TH FLOOR EXT 7240 3196150 OR: 3307 PG: 1797 n ,n COPII~S RRCORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, FL 06/04/2003 at 12:IOPM DWIGHT E, BROCK, CLERK Whippoorwill Lane Hold Harmless and Indemnification Agreement 334.50 74.00 THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (the "h eem " ' ' ' gr ent ) ~s entered into th~s ~,,,r~ day of ~, 2003, by and between PULTE HOME CORPORATION (hereinafter "Pulte' ), a Michigan c6rporation with an address of 9148 Bonita Beach Road, Suite 102, Bonita Springs, Florida 34135, PR IV, LLC, an Indiana limited liability company (hereinafter "PR IV"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, (hereinafter referred to as "County"). WHEREAS, Upon acceptance of the land needed for the Project described in Exhibit "A" (said exhibit is attached hereto and incorporated herein by reference;) upon which the property owners along Whippoorwill Lane are desirous of constructing a roadway, in conformance with County standards and policies, (hereinafter the "Project"); and WHEREAS, the Project is located on the south side of Pine Ridge Road, approximately V2 mile west of 1-75; and WHEREAS, the Project consists of the paving of Whippoorwill Lane, (hereinafter the "roadway"), and, along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. Such work along Whippoorwill Lane begins approximately 230 ft. south of Pine Ridge road and ends in a cul-de-sac just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kensington Canal or the regional flowway which extends from the V2 section of land on the west side of the road, across Whippoorwill Woods to the 1-75 right-of-way and the D-2 Canal); and WHEREAS, most of the property owners along Whippoorwill Lane have agreed in writing to cooperate in the construction of the Project along Whippoorwill Lane consistent with and in conformity with County standards, (a copy of the writing is set forth herein in Exhibit "B", however this agreement is expressly not made a part of the indemnification agreement herein between Pulte and the County, nor shall the County be involved in or bound by its terms); and WHEREAS, Pulte and PR IV have entered into a purchase and sale agreement for the purchase by Pulte of land along Whippoorwill Lane from PR IV, (the "Property"), and WHEREAS, upon the completion of the sale to Pulte from PR IV, Pulte intends to undertake the responsibility for the actual construction of the Project; and WHEREAS, upon final completion of the Project, Pulte intends to present said roadway to the County for acceptance; and WHEREAS, the County shall not be involved in the construction of the Project-; OR: 3307 PG: 1798 WHEREAS, the County shall accept the Project only if, in the opinion of the County, ~le 0 ~ roadway is built consistent with and in conformity with County standards; WHEREAS, the South Florida Water Management District permit, (attached hereto as Exhibit "C"), has been issued in the name of the County and the County has informed the South Florida Water Management District that it prefers permit 11-02182-P to be in the name of Pulte or another property owner[s] along Whippoorwill Lane; and WHEREAS, the County, through this agreement herein, intends to ensure that it is adequately protected, indemnified and held harmless from the use of said South Florida Water Management District Permit No: 11-02182-P, issued in the name of Collier County, by Pulte and PR IV, LLC, jointly and severally, in the construction of the Project and; and WHEREAS, Collier County is only allowing the use of the above-referenced permit on the condition that Pulte and PR IV in some instances and Pulte or PR IV in other instances as set forth in this Agreement, shall have all responsibility for adhering to any and all permit conditions, in lieu of the County, including restoration of any protected areas and resolving any issues pertaining to the real property involved in the construction of the roadway, including removal of any hazardous substances and any environmental mitigation that may be required; and WHEREAS, Pulte and PR IV have proceeded to acquire certain easements along the roadway from the other property owners and have recorded these easements in the name of Collier County; and WHEREAS, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements, (a copy of the Executive Summary setting forth the easements is attached hereto as Exhibit "D" and is incorporated herein by reference); and WHEREAS, in an effort to facilitate the construction of the road, Collier County has agreed, pursuant to PR IV and Pulte's agreement to hold harmless and indemnify Collier County as set forth herein, to allow either Pulte or PR IV to proceed to construction of the Project once 100% of the property needed for the roadway has been acquired; and WHEREAS, this Agreement incorporates the actions taken by the Collier County Board of County Commissioners as shown in the Minutes of the February 11, 2003 Board meeting; and WHEREAS, this Agreement is written to insure that the County is indemnified and held harmless by PR IV and Pulte, jointly and severally, on the terms and conditions hereinafter set forth, from any and all actions, damages, and claims of any sort or type resulting from or pertaining to the maintenance of the land along Whippoorwill Lane, the acquisition and/or attempted acquisition of the land along Whippoorwill Lane and the construction of the roadway along Whippoorwill Lane and any actions or omissions pertaining or related thereto. 2 o OR: 3307 PG: 1799 WITNESSETH: All of the preceding clauses are incorporated herein and expressly made a part of this Agreement. All obligations, liabilities, responsibilities, duties and indemnities of Pulte under this Agreement are expressly conditioned upon Pulte acquiring fee title to the Property described as the Whippoorwill Woods PUD in Ordinance No. 98-64. In the event Pulte does not acquire this Property on or before June 30, 2003, PR IV shall be responsible for all obligations, liabilities, responsibilities, duties and indemnities herein and Pulte shall have no obligations, liability, responsibilities, duties and indemnities under this Agreement. In the event Pulte does acquire the property, on or before June 30, 2003, PR IV, LLC shall be released from any liability herein as of the date of the recording of the deed of the Property to Pulte and Pulte shall remain solely liable for all matters, except for: any claims relating to the acquisition of the property along Whippoorwill Lane obtained by PR IV or agents of Pulte and PR IV prior to the date of the recording of the deed from PR IV to Pulte. This liability is not limited to claims that have been asserted prior to the recording of the deed from PR IV to Pulte. Pulte and PR IV agree to release from liability and to hold harmless the County, it's employees and agents against any and all claims brought by or on behalf of any person, or legal entity which may arise from Pulte's or PR IV's use of any property, premises, and from the construction of the above-referenced roadway and will further indemnify and hold harmless the County from any act or claim of negligence of Pulte or PR IV, its' agents, participants, contractors or employees, or others from all costs, attorney's fees, expenses, and liabilities incurred as a result of any claim or proceeding brought thereon, resulting from or concerning the construction of or acquisition of or purchase, exchange, sale, lease or procurement of any kind or nature or duration of the land for Whippoorwill lane, all to the extent of the County's liability under general law. PR IV shall remain liable to the County, jointly and severally with Pulte to the extent set forth in the preceding paragraphs. Pulte shall remain liable to the County, jointly and severally with PR IV to the extent set forth in the preceding Paragraphs Two 2 and Three (3). Prior to the beginning of construction of the roadway and at least five (5) days prior to any notice to proceed issued to any contractor regarding any aspect of construction of the roadway, Pulte or PR IV, (depending upon which party is responsible for constructing the roadway and the party with that responsibility shall obtain the insurance required under this Paragraph), shall procure and maintain liability insurance coverage which shall be in an amount not less than $2,000,000.00 per person and $2,000,000.00 combined single limits during the term of this Agreement per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from any and all activities related to the acquisition, purchase, exchange, sale, lease, or procurement of any kind, nature or duration of any portion of or parcel of any real property related to the construction and maintenance of the roadway as graphically shown in Exhibit "A" to this Agreement. Pulte or PR IV shall maintain such insurance upon completion of construction of the roadway until the earliest to occur of (a) the date of County acceptance of the roadway, (b) the date of County refusal to accept the roadway, or (c) one (1) year from the date of completion of construction of the roadway. Such insurance policy (ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, with a copy to the Collier County Attorney, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the execution of this agreement by the Board of County Commissioners, and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. Pulte or PR IV shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida and acceptable to the County Attorney. Pulte or PR IV shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this Agreement. Prior to the beginning of construction of the roadway and at least five (5) days prior to any notice to proceed issued to any contractor regarding any aspect of construction of the roadway, Pulte or PR IV shall procure a Performance Bond equal to the final estimated probable cost of construction of the road that shall be based upon a signed certification of a licensed professional engineer, plus a 20% contingency, in a form reasonably acceptable to the County Attorney and the Transportation Division Administrator. Within two (2) days of the execution of this agreement by Collier County, PR IV shall deposit the cash sum of One Hundred Thousand Dollars ($100,000.00) into an escrow account held by the Orion Bank in Collier County, Florida. Said funds shall be made immediately available to the County, upon demand, pursuant to the Escrow Agreement attached hereto as Exhibit "E" to this Agreement. These funds shall be held for the use of the County in the event any claim or demand is made or litigation initiated against the County by any person or entity and such claim, demand, or litigation is related to or pertaining to the acquisition, maintenance, or use of any of the property involved in the design for or construction of the roadway, including any title or ownership issues and also to any claims or litigation pertaining to, related to, or concerning the construction of the roadway itself. These sums shall be released to PR IV or its assigns within sixty (60) days of acceptance of the roadway by Collier County. This escrow account may be specifically used to protect the County from any claim related to the easements located on parcels 12 and 13 as referenced in paragraphs 10 and 11. 4 10. 11. 12. 13. 14. 15. 16. OR: 3307 PG: 1801 Pri°r t° any acceptance °f the pr°perty described in Exhibit "A" bY the C°unty, Pult40~ or PRIV shall deliver a title policy commitment or opinion acceptable to the County Attorney, indicating that the property is fee and clear of all liens and encumbrances, except for the Sprint, Bell South, and SFWMD easements on parcels 12 and 13. Prior to any acceptance by Collier County of any of the property pertaining to this project, Pulte or PR IV shall ensure that all such lands are delivered to the County with clear title, free of all liens and encumbrances and conveyed in recordable instruments acceptable to the County Attorney. All costs of recordation shall be borne by Pulte or PR IV. Pulte and PR IV shall have One Hundred-Eighty (180) days from the execution of this agreement to secure clear title acceptable to the County Attorney. The acceptance of the property for the Project by the County is for the sole purpose of allowing Pulte or PR IV to construct the roadway utilizing the County's South Florida Water Management District Permit # 11-02182-P. Prior to acceptance of the roadway, a new title policy shall be re-issued to the satisfaction of the County Attorney's Office removing the easement exceptions on parcels 12 and 13 as set forth in Paragraph 10 above. Pulte or PR IV shall be responsible for compliance with all permit requirements and the County shall have no financial responsibility for any permit requirements pertaining to the construction of the project. The responsible party under this Paragraph shall be either Pulte or PR IV, depending upon whether Pulte completes the purchase of the Whippoorwill Woods property previously identified herein by June 30, 2003. If Pulte does complete the purchase, it shall be responsible for adherence to the permit conditions in lieu of the County, if not, and if the other conditions herein are satisfied, PR IV shall be responsible. The County shall allow Pulte or PR IV to utilize any permits issued in the name of the County existing as of the date of approval of the agreement by the County, however, such use shall not be construed to confer any joint project status for this Project between Pulte and the County, nor confer any duty or commitment by the County to be responsible for any permit conditions or requirements until approval and acceptance of the Project by the County. All construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the County prior to commencement of construction. Upon acceptance of the land needed for the Project, Collier County will issue a right of way permit, if, in the opinion of the County such permit should be issued. Pulte and PR IV acknowledge and agree that each of them has full power and authority to cause the construction or installation of the Project and thereafter execute or cause to be executed, any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations. 17. 18. 19. 20. 21. 22. 23. OR: 3307 PG: 1802 The duration of this Agreement shall be for a period from its execution until two (2) years from the date of final completion of the approved plan of construction, exclusive of any moratoria. For the purposes of this Agreement, the date of final completion shall be the date of final acceptance by the County. Pulte and PR IV agree that the roadway set forth in Exhibit "A" shall be completed by January 31, 2006. This Agreement shall be recorded in the Official Records of Collier County, Florida. Pulte and PR IV shall keep or provide for retention of adequate records and supporting documentation that concern or reflect any claims made for damages of any sort pertaining to or concerning the Project. This information shall be made available to the County or its duly authorized agent or representative, for audit, inspection, or copying at any time, upon request. Pulte and PR IV shall retain such records for a minimum of five (5) years from the termination of this Agreement. Pulte and PR IV shall inform the Office of the County Attorney in writing, with a copy to the Transportation Administrator, of any claims, demands and threatened litigation that may involve the County within forty-eight (48) hours of its knowledge of such claim, demands and/or threatened litigation. If so requested by the County, all disputes under this Agreement shall utilize the County's then existing Alternative Dispute Resolution Procedure. This Agreement shall not be assignable by Pulte or PR IV to any successor in title of the Property or any other entity, without the prior written consent of the County. Such consent by the County shall not be unreasonably withheld. In the event Pulte or PR IV sells, transfers or conveys the Property, all obligations, liabilities, responsibilities, duties and indemnities under this Agreement shall remain in effect until the County accepts an assignment to the successor in title. Upon County approval of any assignment, the assignee shall be responsible for assurances and indemnifications hereunder. In the event Pulte does not acquire the Whippoorwill Woods property and PR IV becomes obligated to construct the roadway, Collier County and PR IV shall execute a Letter of Credit in the amount of $1,000,000.00 as a guarantee for the completion of the Project, maintenance of the Project, and for any claims relating to or resulting from the acquisition of the roadway for the Project. Collier County shall have a right to call upon the Letter of Credit the event any claim is not paid ninety (90) days after Collier County demands payment. No additional notice shall be required. The Letter of Credit shall be in a form acceptable to the County Attorney and submitted to the County Attorney for presentation to the Collier County Board of County Commissioners for approval no later than thirty (30) days after execution of this Agreement. The Letter of Credit shall remain in full force and effect for the duration of this Agreement and shall be used by the County for securing the payment of any OR: 3307 PG: 1803 obligations that arise due to the acquisition, construction or maintenance of the roadway. The lien shall expire upon the earlier to occur: (a) the acceptance of the roadway by the County; or (b) one year from the expiration of this Agreement. This lien is in addition to the insurance and performance bond obligations set forth herein. Failure to adhere to this provision shall constitute a material breach to this Agreement. 24. Pulte and PR IV, depending upon which party has the responsibility under this Agreement to construct the Project, agree to abide by all conditions of the South Florida Water Management District Standard Permit No. 11-02182-P, issued on February 11, 2003 (attached as Exhibit "C") and any subsequent amendments, including, but not limited to the following (provided, however, in the event the following General Conditions or Special Conditions are inconsistent with the conditions to said Permit, the conditions to said Permit shall control): GENERAL CONDITIONS a). All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. b). Activities approved by this permit shall be conducted in a manner, which does not cause violations of State water quality standards. Pulte or PR IV shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving water body exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter Pulte or PR IV shall be responsible for the removal of the barriers. Pulte or PR IV shall correct any erosion or shoaling that causes adverse impacts to the water resources. c). Pulte or PR IV shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, Pulte or PR IV shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 10 7 OR: 3307 PG: 1804 d). When the duration of construction will exceed one year, Pulte or PR IV shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. e). Within 30 days after completion of construction of the permitted activity, Pulte shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion/Certification Form Number 0881. the statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. f). The operation phase of this permit shall not become effective: until Pulte or PR IV has complied with the requirements of condition (e) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, Pulte or PR IV shall initiate transfer of the permit to the approved responsible operating entity if different from Pulte or PR IV. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., Pulte shall be liable for compliance with the terms of the permit. g). Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. h). For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management OR: 3307 PG: 1805 District, prior to lot or units sales or prior to the completion of the system, whichever come!! OG first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District if and when maintenance and operation of the system is accepted by Collier County. Failure to submit the appropriate final documents will result in Pulte or PR IV remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. i). Should any other regulatory agency require changes to the permitted system prior to acceptance by the County, Pulte or PR IV shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. j). This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorization prior to the start of any activity approved by this permit. This permit does not convey to Pulte or PR IV or create in Pulte or PR IV any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by Pulte or PR IV, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. k). Pulte or PR IV is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, Pulte or PR IV is responsible for obtaining any necessary authorization from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 1). Pulte or PR IV must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(4), F.A.C., also known as the "No Notice" Rule. m). Pulte or PR IV shall hold and save the District and Collier County harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. n). Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides otherwi se. o). Until accepted by Collier County, Pulte or PR IV shall notify both Collier County and the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted 9 OR: 3307 PG: 1806 system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C. No property shall be recorded in the name of Collier County until express authorization to do so has been obtained from the County. No property shall be recorded in the name of Pulte or PR IV transferring the permit until express authorization to do so has been obtained from the District. Pulte or PR IV shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. p). Upon reasonable notice to Pulte or PR IV, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. q). If historical or archaeological artifacts are discovered at any time on the project site, Pulte or PR IV shall immediately notify the appropriate District service center. r). Pulte or PR IV shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. SPECIAL CONDITIONS: s). The construction phase of this permit shall expire on February 11, 2008. t). Operation and maintenance of the roadway shall be the responsibility of Pulte or PR IV until transferred to and accepted by Collier County. The operation of the surface water management system which receives Mn-Off from the roadway shall be the responsibility of Pulte or PR IV, the developer of the Whippoorwill Woods development. u). Woods. Discharge Facilities: Through previously approved facilities within Whippoorwill v). Pulte or PR IV shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. w). Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. x). The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. y). Facilities other than those stated herein shall not be constructed without an approved modification of this permit. z). A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feed of all permitted discharge structures no later than the 10 submission of the certification report. on or with the certification report. OR: 3307 PG: 1807 The location of the elevation reference must be noted aa). Pulte or PR IV shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. bb). Any future proposed work within the conservation easement shall require a modification to this permit and will be subject to evaluation of wetland impacts an potential mitigation requirements in accordance with the environmental criteria in effect at the time of the application for any such proposed work. cc). No later than April 7, 2003 and prior to impacting wetlands shown on Exhibit No. 9 of the permit, Pulte or PR IV shall submit verification from Panther Island Mitigation Bank that 0.24 credits have been debited from the Mitigation Bank ledger as mitigation for this impact. dd). Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No. 10 to the permit. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. ee). No assiglunent without prior written consent of the County will be inserted. IN WITNESS WHEREOF, PR IV, Pulte and the County have caused this Agreement to be duly executed as of the date and year first above written. PULTE: sses: Print Signature" PULTE HOME CORPORATION, a Michigan Print Name: [ Title: 11 PR IV, LLC: Witnesses: Print ~ ~ Signature Print OR: 3307 PG: 1808 PR IV, LLC, an Indiana Limited Liability C~~~ pBr~:nt Nam/e5 -~fr~D~' 5. C.t>/q/~-L~ Title: ~ flll.~/~[~ (CORPORATE SEAL) 10G COUNTY: ATTES,~ DWIGHT E.'BROCK~Clerk BOARD OF CQUNTY COMMISSIONERS COLLIE~T.~/ORIDA o TOM HENNING,~.~!~an~ Approved as to form and legal sufficiency: J/fiqq. ueline Hubbard Robinson 4~istant County Attorney 12 OR: 3307 PG: 1809 EXHIBITS Exhibit "A": Exhibit "B": Exhibit "C": Exhibit "D": Exhibit "E": Legal Description & Graphic Rendering of Property Agreement of Property Owners for Construction Copy of Permit No. 11-02182-P Copy of Executive Summary Form of Escrow Agreement 13 OR: 3307 PG: 1810 Exhibit "A" Legal Description & Graphic Rendering of Property OR: 3307 PG: 1811 PARCELS #2, 3, 4 and 5 Easement Area granted by Parcel 2 Owner: The East 40 feet of the N ½ of the SE 1/4 of the SW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square feet more or less. Easement Area granted by Parcel 3 Owner: The East 40 feet of the East ½ of the SE 1/4 of the NE 1/4 of the SW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square feet more or less. Easement Area granted by Parcel 4 Owner: The East 40 feet and the West 15 feet of the East 55 feet of the North 62.41 feet of the N ½ of the NE 1/14 of the SW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 27,344 square feet more or less. Easement Area Granted by Parcel 5 Owner: The East 40 feet and the West 15 feet of the East 55 feet of the South 317.59 feet of the S ½ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 31,172 square feet more or less. PARCEL # 6 Easement Area Granted by Parcel 6 Owner: The East 30 feet of the South ½ of the South 1/2 of the North ½ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 1,800 square feet more or less. PARCEL #7 Easement Area Granted by Parcel 7 Owner: The East 30 feet of the South ½ of the South 72 of the North ½ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida containing 3,151 Square feet more or less. OR: 3307 PG: 1812 PARCEL #8 Easement Area granted by Parcel 8 Owner: The East 30 feet of the North ½ of the South ½ of the North ½ of the SW 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 4,952.00 square feet more or less. PARCELS #9 and 10 Easement Area granted by Parcel 9 Owner: The East 30 feet of the South ½ of the North '/2 of the North ½ of the SE 1/4 of the NW 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Easement Area granted by Parcel 10 Owner: The East 30 feet of the North Half (½) of the North Half (½) of the North Half (½) of the Southeast (1/4) of the Northwest Quarter (1/4) and the West 10 feet of the East 50 feet of the South 60 feet of the East Half (1/2) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 6,751 square feet more or less. PARCEL #11 Easement Area granted by Parcel 11 Owner: The East 30 feet of the east half (½) of the east half (½) of the northeast quarter (1¼) of the northwest quarter (~¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida; less the south 60 feet per Official Records Book 1559, Page 14 and less the north 150' for the Pine Ridge Road right-of-way, and less that portion of the east 40 feet as described in that certain Order of Taking per Official Record Book 2660 at pages 3375 through 3383, containing 18,413 square feet, more or less. PARCEL #12 Easement Area granted by Parcel 12 Owner: The West 40 feet of the South ½ of the NW 1/4 of the NE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,419 square feet more or less. PARCEL #13: Area granted by Parcel 13 Owner by Special Warranty Deed: The West 40 feet of the SW 1/4 of the NE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, 52,816 square feet more or less. OR: 3307 PG: 1813 PARCEL #14 and 15 Easement Area granted by Parcel 14 Owner: The West 40 feet of the West 50 feet the NW 1/4 of the NW 1/4 of the SE 1/4 and the NW 1/4 of the NE 1/4 of the NW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square feet more or less. Easement Area granted by Parcel 15 Owner: The West 40 feet of the North ½ of the South ½ of the NW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 13,204 square feet more or less. PARCEL #16 Easement Area granted by Parcel 16 Owner: The West 30 feet of the South ½ of the South ½ of the NW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 9,903 square feet more or less. PARCEL #17 and 18 Easement Area granted by Parcel 17 Owner: The West 40 feet of the North ½ of the SW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square feet more or less. Easement Area granted by Parcel 18 Owner: The West 40 feet of the South 1/2 of the SW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 26,408 square feet more or less. OR: 3307 PG: 1814 Exhibit "B" Agreement of Property Owners for Construction OR: 3307 PG: 1815 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into this 25th day of July, 2002, by and between PR IV, LLC, an Indiana limited liability company with a principal address of 350 North LaSalle Street, Suite 1100, Chicago, Illinois 60610 ('¥Vhiteco"); K&S Arlington Lakes, LLC, with a principal address of 73 S. Palm Avenue, Suite 223, Sarasota, Florida 34236 ("Arlington"); and Whippoorwill Pines, LLC, with a principal address of 26251 South Tamiami Trail, Suite 6, Bonita Springs, Florida 34134 ("Pines"). WITNESSETH: THAT WHEREAS, Arlington is the owner of that certain parcel of real property located in Collier County, Florida, described on Exhibit "A" attached hereto and incorporated by reference ("Arlington Property"); and WHEREAS, Pines is the owner of that certain parcel of real property located in Collier County, Florida, described on Exhibit "B" attached hereto and incorporated by reference ("Pines Property"); and, WHEREAS, Whiteco is the owner of that certain parcel of real property located in Collier County, Florida, described on Exhibit "C" hereto and incorporated by reference (the '¥Vhiteco Property"); and WHEREAS, each of the parties' properties fronts on Whippoorwill Lane and, as a consequence thereof and of provisions of some of their respective PUD Ordinances, each party has agreed to proportionately fund improvements to and in connection with Whippoorwill Lane; and WHEREAS, although The Related Group, through its subsidiary or affiliate, TRG Whipporwill, Ltd. ("TRG"), also owns property fronting on Whippoorwill Lane (the "TRG Property") and is also subject to a PUD Ordinance that requires it to participate in funding the improvements thereto, it has thus far refused to enter into this Development Agreement; and WHEREAS, Whiteco has agreed to advance the funds that otherwise would have been required hereunder to be contributed by TRG, with the understanding that the parties hereto will cooperate in taking such action or actions as may be required to hereafter force TRG to proportionately contribute to the Project Improvements (as that term is hereinafter defined) as required by the PUD Ordinance relating to the TRG Property, and that Whiteco will be repaid such advance from the proceeds of such action or actions; and WHEREAS, the parties hereto accordingly desire to extend Whippoorwill Lane southward from Pine Ridge Road, and to provide for the construction of roadway, water, and sewer improvements in connection therewith as set forth herein. The improvements are described in Exhibit "D", attached hereto and incorporated herein by reference, and are hereinafter referred to as the "Project Improvements"; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the OR: 3307 PG: 1816 receipt and sufficiency of which being hereby specifically acknowledged, the parties hereJ 08 agree as follows: Recitals. The above recitals are true and correct and are hereby incorporated herein by reference. 2. Proiect Improvements. The improvements contemplated hereby include: (a) Whippoorwill Lane. Whippoorwill Lane shall be designed in accordance with Collier County standards and constructed in two phases from Pine Ridge Road to the entrance of the Whiteco Property. The first phase shall extend southwards from Pine Ridge Road and shall terminate approximately 100 feet beyond the center of the intersection of Whippoorwill Lane and Nighthawk Road ("Phase I"). The second phase will extend from the terminus of Phase I to the entrance to the Whiteco Property ("Phase I1"). Notwithstanding anything herein to the contrary, each party hereto agrees and acknowledges that the costs of installing any turn lane on or in connection with Whippoorwill Lane to provide access to its property shall be and remain the sole responsibility of the owner of the property served thereby. (b) Water and Sewer System Improvements. Water and sanitary sewer lines to serve all properties abutting Whippoorwill Lane shall be designed and installed concurrently with each phase of construction of Whippoorwill Lane, with the water line extending beyond the terminus of Whippoorwill Lane to the southern boundary of the Arlington Property. Upon the completion of each phase of construction the appropriate conveyance documents will be provided to the Collier County Water-Sewer Distdct that relate to the Utility Project. These documents and record drawings will conform with the standards and procedures employed by the County for the acceptance of regional wastewater and water utility infrastructure. Dedication of Riqht-of-Way. The parties hereto each agree to dedicate a 40 foot wide easement and right-of-way along the portion of their property abutting Whippoorwill Lane to Collier County for roadway and utility purposes within ten (10) days after the date the last party executes this Agreement. Project Manaqer. The parties hereby designate Grady Minor and Associates as the Project Manager relative to the Project Improvements. Desi,qnation of Representative. Each of the parties hereto designates Arlington as the authorized representative of the parties hereto to negotiate and enter into a contract with Project Manager on behalf of the parties hereto relative to Project Manager's provision of the services outlined herein. The compensation to be paid to Project Manager pursuant to such contract and the professional fees incurred by Arlington relative to the negotiation thereof shall be funded in accordance with the provisions of paragraph 9 hereof. Page 2 of 15 OR: 3307 PG: 1817 Design and Permitting the Project Improvements. Within sixty (60) days after th"~ date that the last party executes this Agreement, the Project Manager shall complete the design of the Project Improvements in accordance with the minimum standards established by Collier County and in a manner that includes an alignment, section configurations, and cross sections. All designs shall comply with all local, state, and federal requirements and be approved by all parties hereto prior to commencing construction. Permitting of the Project Improvements. The Project Manager shall have primary responsibility for: (a) obtaining all necessary permits in connection with the Project Improvements; (b) preparing all permit applications, including all related designs and analyses; (c) submitting all relevant applications; (d) responding to all permitting agency inquiries; (e) providing or coordinating access to sites as requested by permitting agencies; and (f) taking such other reasonable steps necessary or desirable to obtain such permits. Wetland Mitiqation for the Project Improvements. In the design and construction of the Project Improvements, The Project Manager shall comply with all applicable federal, state and local laws, ordinances, rules, and regulations pertaining to the mitigation of wetland impacts, if any. Notwithstanding any of the provisions of this Agreement to the contrary, each of the parties hereto shall be solely responsible for any and all necessary mitigation relative to any portion of the Project Improvements occurring upon the real property owned by such party without any right to receive payment, credit, or contribution from any of the other parties hereto. Fundinq for the Proiect Improvements. (a) Arlington, TRG and Pines shall pay, (i) a combined total of one-half (~) of the design and engineering costs contemplated in paragraphs 5 through 7 hereof, together with the fees and costs associated with the formulation and submission of the Whippoorwill Lane Master Plan that serves as the basis for the undertaking incorporated herein as well as the professional costs involved in drafting and negotiating this Agreement (all of such costs being hereinafter referred to as the "Design Costs"); and (ii) all construction costs related to the Phase I Project Improvements. (b) Whiteco shall pay, (i) one-half (~) of the Design Costs; and (ii) all construction costs related to the Phase II Improvements. (c) Construction of the Phase I Project Improvements shall be completed by December 31, 2002. Construction of the Phase II Project Improvements shall be commenced, constructed and completed at Whiteco's sole discretion. An estimate of the amount and allocation of the Design Costs and of the costs of construction of the Phase I Project Improvements is attached hereto as Exhibit "E". In the event the Phase I Project Improvements are not completed prior to December 31, 2002, Whiteco may, but is not obligated to, complete construction of the Phase I Project Improvements, and any expenses incurred by Whiteco to complete such construction shall be paid to Whiteco by the other parties. The other parties shall be jointly and severally liable for any expenses incurred by Page 3 of 15 10. 11. 12. OR: 3307 PG: 1818 Whiteco in completing the Phase I Proiect Improvements and Whiteco shall have a lien on the other parties' properties until Whiteco is reimbursed for all expenses it incurs to complete the Phase I Project Improvements. Fundinq Obligations. Within thirty (30) days after the date the last party executes this Agreement, each party shall deposit with Goodlette, Coleman & Johnson, P.A., Escrow Agents, the sum of that party's anticipated proportionate share of the Design Costs. Such sum shall be held in escrow for application against that party's share of the Design Costs. Within ninety (90) days after wdtten notice by the Project Manager that the design and permitting phase relative to the Project Improvements has been completed, and provided that all permits necessary to complete the Project Improvements have been obtained, each party responsible for the construction of the Phase I Project Improvements shall deposit with Escrow Agent the additional sum representing that party's anticipated proportionate share of the costs of the Phase I Project Improvements. If such deposits prove insufficient to pay any party's share of the Design Costs or the construction costs of the Phase I Project Improvements, that party shall, within ten (10) business days after receiving a written request from the Project Manager, deposit such additional funds with Escrow Agent as the Project Manager shall, in good faith, estimate as necessary to cover the balance of that party's share of such costs. If a party's deposited funds remain in the escrow account after full payment of those costs for which the party is responsible, such excess funds shall be promptly returned by Escrow Agent to such party. Payment of TRG's Obligations. Notwithstanding anything herein to the contrary, any amounts required to be paid by TRG hereunder or in Exhibit E hereto shall instead be paid by Whiteco as an advance on TRG's behalf. If such advances are not subsequently repaid by TRG to Whiteco, together with interest thereon at market rates for the period that any such advances remain outstanding, then the parties hereto agree to take all such actions as may be advisable or required to enforce TRG's contribution requirements under its applicable PUD Ordinance, and to encourage appropriate Collier County governmental agencies to do the same. The parties further agree that, in such event, TRG's contribution shall be allocated based upon the number of units authorized by its PUD Ordinance in relation to the total number of units authorized in the respective PUD Ordinances of TRG and each of the parties hereto, rather than the allocation formulas or methods incorporated in Exhibit E hereto. Any funds thereby recovered from TRG shall first be paid to Whiteco to the extent of its advances on TRG's behalf, together with interest thereon, and then shared by the parties hereto in the proportions incorporated in Exhibit E hereto. Payment for the Costs of Design and Construction of the Proiect Improvements. The Escrow Agent shall disburse the escrowed funds in accordance with the procedures set forth in this Section 11. Specifically, the Project Manager shall submit monthly statements to the Escrow Agent and all parties hereto for payment which incorporates invoices of the contractors, consultants and others for which partial reimbursement is requested. Lien releases from contractors, subcontractors, and suppliers shall also be provided as may from time to time be required by the Escrow Agent. To receive disbursements, the Project Manager must certify to Escrow Agent that the specific item for which disbursement is Page 4 of 15 13. 14. 15. 16. sought is within the scope of this Agreement and has been incurred in accordance with approved plans and specifications. Invoices meeting the requirements of this paragraph shall be paid by the Escrow Agent, subject to Escrow Agent's actual receipt of the funds necessary to pay such invoices, within twenty (20) business days of receipt of such certification from the Project Manager. Lien. The funding requirements of each party hereto, together with interest and costs of collection and reasonable attorneys' fees, shall be a continuing lien upon the Whiteco Property, Arlington Property, TRG Property and Pines Property, as applicable (but only as to the amount owed by such party). Each owner of any portion of the above described properties, by acceptance of a deed for all or a portion of such property personally covenants and agrees to pay any such obligations falling due prior to or during the time of its ownership and such personal obligation shall survive any conveyance. The lien imposed hereby shall be considered a restriction and servitude running with the land. If any party(les) does not timely pay the amounts required of it following demand therefore by the Project Manager, any party hereto may at any time thereafter advance the unpaid funds on behalf of that party(les) and record in the Public Records a Claim of Lien against the above described property for such amounts as have been advanced on behalf of that party and bring an action to foreclose the lien in the manner in which the mortgages on real property are foreclosed. In addition, any of the parties hereto, may bring an action at law against any owner of the above described property for any amounts which remain unpaid. The Claim of Lien shall include a description of the property encumbered, the owner's name, the amount then due and the date when due. The lien herein created is specifically declared to be subordinate and inferior to the lien and operation of any first mortgage given to a mortgagee to secure repayment of amounts advanced for the development, construction or improvement of the property burdened thereby, and to conveyances to individual Got or unit purchasers. Document Audits. Any party hereto shall have the right to access and audit the Project Manager's and/or Escrow Agent's books, ledgers, records, receipts, invoices, vouchers, correspondence, memoranda and other documents relating or pertaining to the disbursements of any funds contemplated under this Agreement. The Escrow Agent shall retain all documents pertaining to the reimbursement for a minimum of five (5) years after completion for the Project Improvements and final payment. Mutual Cooperation. The parties hereto agree to reasonably cooperate with one another to coordinate and achieve the construction of the Project Improvements. Bids for Construction Work. With respect to Phase I of the Project Improvements, the Project Manager shall obtain at least three (3) responsive bids from appropriately licensed bidders for the construction and installation of each of the Project Improvements. In lieu of or in addition to these bid requirements, the parties may elect to unanimously agree to utilize a form construction contract relative to the Project Improvements or any portion thereof. Such construction contract shall require the general contractor to procure Page 5 of 15 17. 18. 19. 20. 101 appropriate payment and performance bonds. Each of the parties responsible for constructing the Phase I Project Improvements shall execute and have the right to approve the contract relative to the construction of the Phase I Project Improvements; however, the parties each designate Arlington as the party entrusted to negotiate such construction contract on behalf of all parties to this Agreement. The legal expenses incurred by Arlington relative to the negotiation of the construction contract shall be deemed to be a part of the construction costs to be paid pursuant to the provisions of paragraph 9 hereof. Site Inspection. The Project Manager, and/or any designated representative of a party hereto shall be granted complete access to the construction area and access to meeting space, telephones, and a fax machine within the Project Manager's construction trailer. In the event work is discovered, whether by the Project Manager or any of the parties hereto, which is defective or otherwise does not conform to the requirements set forth herein, the Project Manager shall promptly cause to be remedied such defective or non-conforming work. The Project Manager shall have the sole authority to supervise and direct the work to be performed by the contractor relative to the construction of the Project Improvements, and the means, methods, techniques, sequences, procedures of construction, and safety measures and programs employed by such contractor incident to such construction. Document Availability with Respect to the Phase I Proiect Improvements. The Project Manager shall make available for inspection, as requested by the parties, copies of all plans, specifications, schedules, correspondence, forms, change order requests, reports, field transmittals, job logs, shop drawings, samples, testing date and reports, bids and any other design, testing, construction engineering inspection, or construction documents requested by any party. Chan,qe Orders with Respect to the Phase I Proiect Improvements. All construction contract change orders must be approved by the Project Manager in writing and the Project Manager shall have the authority to authorize and approve on behalf of the parties hereto written change orders relative to the construction contract, provided that the costs associated with such change order(s) are less than $10,000.00 as to any single change order and less than $50,000.00 in the aggregate as to all change orders. Notwithstanding any other provisions herein, once the design of the Project Improvements have been approved and a construction contract has been executed, any change orders regarding the construction of the Phase I Project Improvements requested by any party shall be paid for solely by the requesting party and the requesting party shall advance funds to the Escrow Agent for this purpose. Insurance. As to Phase I only, the Project Manager shall procure insurance relative to each component of the Project Improvements and request that each of its design, testing, construction engineering and inspection consultants and its contractors to provide insurance in accordance with the following coverage: (a) General Liability $1,000,000.00 (b) Automobile Liability $500,000.00 (c) Worker's Compensation Statutory Limits Page 6 of 15 21. 22. 23. 24. 25. 26. (d) Professional Liability OR: 3307 PG: 1821 $ ,ooo,ooo.oo (Consu.tanrs on,y)10G The Project Manager shall cause each of the parties hereto to be named as additional insures on such insurance policies. Liens and Warranties with Respect to the Phase I Project Improvements. The Project Manager shall act to prevent construction liens from being filed on any real property on which a component of the Project Improvements is being constructed. If a lien is filed, the Project Manager shall take the requisite action to have the lien removed, at a cost to be shared proportionately by and among the parties. Each construction contract applicable to the Phase I Project Improvements shall warrant the materials and work performed for a period of two (2) years following completion of the Project Improvements. Construction Manaqement Services. The Project Manager shall perform construction management services relating to the Phase I Project Improvements. Such services shall include, but are not limited to, the following: (a) coordination with all applicable governmental agencies or entities having jurisdiction; (b) project management; (c) construction engineering and inspection; (d) construction management; (e) scheduling; (f) reporting; (g) estimating; (h) project accounting; (i) quality control; (j) safety programming; (k) permitting; and (I) administration and oversight of design consultants, testing consultants, and construction and engineering consultants. Dispute Resolution. With regard to any material disputes between any of the parties regarding the construction of the Project Improvements, the parties agree to mediate the dispute with a mediator chosen by the parties. The parties shall equally share the costs of any such mediation. In the event such dispute is not resolved through mediation, the parties may initiate litigation. The parties to this Agreement agree that venue for any dispute relative to this Agreement shall solely lie in Collier County, Florida. Further Assurances. In addition to the acts recited in this Agreement, the parties hereto agree to perform or cause to be performed any and all further acts as may be reasonably necessary to complete the transactions contemplated hereby, including, but not limited to, the execution and/or recordation of further instruments. Notices. All notices, elections, requests, and other communications hereunder shall be in writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3) business days after being deposited in the United States Mail, postage prepaid to the above listed address of the recipient; (c) the next business day after being deposited with a recognized overnight mail or courier delivery service; or (d) when transmitted by facsimile or telecopy transmission. Any party may change its notice address by providing notice to all other parties in the manner for notices as prescribed herein. Agreement Not a Partnership or Joint Venture. Nothing in this Agreement is intended to create a partnership or joint venture between the parties and none of Page 7 of 15 OR: 3307 PG: 1822 the parties to this Agreement shall be construed under this Agreement as being partners or joint venturers for any purpose. 27. Entire Aqreement. This Agreement contains the entire agreement among the parties hereto, and supersedes any and all pdor agreements, arrangements, or understandings, whether oral or written and whether recorded or unrecorded, between the parties hereto or their predecessors in interest, relating to the subject matter hereof, 28. Modification. This Agreement may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written agreement signed by all part[es to this A. greement, 29. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any dght, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. This Agreement shall be binding upon and inure to the benefit of each party and their respective heirs, successors and assigns. 30. Sever-ability. If any provision of the Agreement, the deletion of which would not adversely affect the receipt of any matedal benefits by any party to this Agreement or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 31. Attorneys' Fees and Costs. In the event of any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys', paralegals' fees, and costs incurred by each prevailing party. 32. Choice of Law. This Agreement shall be construed and interpreted in accordance with Florida law. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates indicated below. Witnesses fo~ P nteh~d Name: Jott-~ PR IV, LLC an India~ i/.~~pany Printed ~ame: .. ~~Y j. its: Date: ' Page 8 of 15 Witnesses for K&S Arlington Lakes, LLC Printed Name: Printed Name: OR: 3307 PG: K&S Arlington Lakes, LLC By: Printed Name'. Its: Date: P. 03 1823 lOG Witnesses for Whippoorwill Pines, LLC Whippoorwill Pines, LLC By: Printed Name: Pdnted Name: Its: Printed Name: Date: STATE OF COUNTY OF Sworn to and subscribed before me on this 2~'"r"day of limited liability company, who is perso_nally as identific~b~n. k_nown to me J~/~'/' , 2002 by IV, L.L.C. an Indiana or who has produced Notary Public State of~ Print or Type Name Commission No. (Seal} STATE OF~ COUNTY OF Sworn to and subscribed before me on this {~ ~day of (~/ 2002 by , as of K&~/Adin~ton La'kes, LLC, Page 9 of 15 TOTRL P.O3 OR: 3307 PG: 1824 ton Lakes, LLC Printed Name: .v.~.~ 5~; ~. Z;,M p ELLA lOG K&S A,~ington Lakes, LL/C ~ Printed Name.'~ ¢-.,1,u 5 ~,OC_~' Its: ~~ Date: ~Jv~ O~ Witnesses for Whippoorwill Pines, LLC Whippoorwill Pines, LLC By: Printed Name: Printed Name: Its: Date: Printed Name: STATE OF INDIANA COUNTY OF Sworn to and subscribed before me on this __ day of , 2002 by , as of PR IV, L.L.C. an Indiana limited liability company, who is personally known to me or who has produced as identification. Notary Public State of Indiana Print or Type Name Commission No. {Seal} STATE OF COUNTY OF .3Sworl~ to~d subscribed before me on this u.5 day of'r" _,_,uC[.~/ . 2002 by of K&S Arlington Lakes, LLC. Page 9 of 15 ~who is personally known to me or who identification. Not.ary Public , __ .StaJ/e of ~'to Print or Type Name Commission No. has produced OR: 3307 PG: 1825 {Seal} KATHLEEN L. ZAMPELLA MY COMMISSION #DD120842 EXPIRES: JUL 5, 2006 Bonded t~ro~gh Advantage Notary STATE OF COUNTY OF Sworn to and subscribed before me on this __ , as is personally known to me or who has produced day of , 2002 by of Whippoorwill Pines, LLC who as identification. Notary Public State of {Seal} Print or Type Name Commission No. Page 10 of 15 OR: 330? PG: 1826 10G: Witnesses for K&$ Arlington Lakes, LLC Printed Name:-- Pdnted Name: K&8 AMIngton Lakes, LLC By:. Printed Name: Its: Date; "--'"'"W~tneases for~.lpp_o~wvill Pines, IJ-C "P~'~ted Nama~~"r'r~Y',LCq'l~Cl, J ~' STATE OF INDIANA COUNTY OF limited Sworn to and subscribed before me on this , aS liability company, who is personally known as identification. Notary Public State of Indiana Print or Type Name Commission No. _ day of , 2002 by of PR IV', L.L,C. an Indiana to me or who has produced {Sea!} STATE OF COUNTY OF Swom to and subscribed before me on this , aS __ day of __, 2002 by ,of K&S Arlington Lakes, LLO, Page e of 15 who Is personally known to me or who has produced identification. Notary Public State of {Seal} 'i:~;2(~ 7 P, r~l !/018 OR: 3307 PG: 1827 10G Print or Type Name Commission No, STATE OF ~,d~Z~ COUNTY OF ~ subsorJbed before m~%on this,~~ay of .~/~_~, 2002 by ~ ...... as._J/~/(~_~'~JP--~ of Whippoorwig Pines, LLC who (~i~)ersor~a]l~ ~owh to m~'~r who has produced ~ as ider~t[flcation. Notary Pub. b.~' . _/ State of Print or Ty~e Rare' Page 10 of 15 OR: 3307 PG: 1828 EXHIBIT A ARLINGTON PROPERTY A parcel of land lying in the West half of Section 18, Township 49 South, Range 26 East, Collier County, Florida, and more particularly described as follows: The North half (N ~), of the Southeast quarter (SE %), of the Southwest quarter (SW ¼), of Section 18, Township 49 South, Range 26 East, Collier County, Florida; and The Northeast quarter (NE ¼) of the Southwest quarter (SW ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida; and The South half (S ~) of the Southeast quarter (SE ¼) of the Northwest quarter (NW ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Said parcel containing 78.83 acres, more or less, subject to easements, restrictions and reservations of record. Page 11 of 15 EXHIBIT B PINES PROPERTY OR: 3307 PG: Parcel I The Northwest quarter (NW ¼) of the Northwest quarter (NW ¼) of the Southeast quarter (SE ¼) plus the Northwest quarter (NW ¼) of the Northeast quarter (NE ¼) of the Northwest quarter (NW ¼) of the Southeast quarter (SE ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Parcel II The South one-half (S ½) of the West one-half (W ½) of the East one-half (E ~) of the North one-half (N %) of the Northwest quarter (NW ¼) of the Southeast quarter (SE ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Parcel III The East one-half (E %) of the East one-half (E ¼) of the North one-half (N %) of the Northwest one-quarter (NW ¼) of the Southeast one-quarter (SE ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Parcel IV The North one-half (N ¼) of the South one-half (S ½) of the Northwest one-quarter. (NW ¼) of the Southeast one-quarter (SE ¼) of Section 18, Township 49 South, Range 26 East, Collier County, Florida. Page 12 of 15 EXHIBIT C WHITECO PROPERTY OR: 3307 PG: PARCEL "A - D": The North % of the South % of the Northeast ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida. PARCEL "B - D": The South % of the South % of the Northeast ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida. PARCEL "C - D": From the Southeast corner of Section 18, Township 49 South, Range 26 East, Collier County, Florida, South 89034'32'' West, 323.99 feet; thence North 00039'47" West 970.29 feet to the point of beginning; thence North 89006'47" West 977.45 feet; thence North 00034'42" West 357.41 feet' thence North 89°35'19" East 976.54 feet; thence South 00039'47'' East 379.01 feet to the point of beginning. PARCEL "D - D": The South ½ of the North ~ of the Southeast ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida. LESS THE FOLLOWING DESCRIBED PROPERTY: 1-75 Riqht of Way: A parcel of land in Section 18, Township 49 South, Range 26 East, more particularly described as follows: Commence at the Southeast corner of above Section 18 and run North 00039'46" West 659.92 to the point of beginning; thence South 89°34'51" West 323.99 feet; thence North 00039'49'' West 1,319.89 feet; thence North 89035'29" East 324.00 feet; thence South 00039'46'' East 1,319.84 feet to the point of beginning; and Parcel "A": The West ~ of the Southeast ¼ of the Southeast ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida; and Page 13 of 15 OR: 3307 PG: 1831 Parcel "B": The West ~ of the South ¼ of the Southeast ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida; and Parcel "C": The South ½ of the Southwest ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida; and Parcel "C-A": The North ½ of the Southwest ¼ of the Southeast ¼ of Section 18, Township 49 South, Range 26 East, Collier County, Florida. 10G Page 14 of 15 EXHIBIT D DESCRIPTION OF IMPROVEMENTS OR: 3307 PG: 1832 Water: Extension of an existing 12-inch water main from its present terminus at the entrance to the Reserve of Naples apartment complex to a point at the southern boundary of the Arlington Property. Sewer: Extension of a 10-inch forcemain from Pine Ridge Road to a point at the northern boundary of the Whiteco Property, of which approximately 1,400 feet have already been installed by TRG. Whippoorwill Lane: Resurfacing and landscaping of the approximately 1,800 feet of existing roadway, which has already been completed by TRG. A new road will be constructed from the terminus of the existing Whippoorwill Lane to a point at the northern boundary of the Whiteco Property. It will be a two lane local road, 24 feet wide, and constructed to standards described in the Whippoorwill Lane Corridor Master Plan Study, prepared by Waldrop engineering, P.A. and Q. Grady Minor & Assoc., P.A., and submitted to Collier County Engineering Services on June 14, 2002. In addition, the project will include a five foot sidewalk installed on the East side of Whippoorwill Lane from Pine Ridge Road to the entrance to the Reserve of Naples apartment complex. Page 15 of 15 EXHIBIT E Estimated Design and Phase I Improvement Costs OR' 3307 PG' 1833 10G Estimated Design, Permitting and Master Plan Costs: Design Costs Previously Incurred by Whiteco Balance of Estimated Design and Permitting Costs Master Plan Costs Previously Incurred by Arlington Balance of Estimated Master Plan Costs Allocation of Design, Permitting and Master Plan Costs: Whiteco Arlington TRG Pines 50.00% 16.67% 16.67% 16.67% 43,289 50,000 7,451 27,500 $ 128,240 $ 64,120 $ 21,373 $ 21,373 $ 21,373 Estimated Phase I Project Improvement Costs: Costs from Pine Ridge Road to the Entrance of the Related Property, Previously Incurred by TRG: Water and Sewer Road Resurfacing Landscaping Engineering Costs for the Balance of Phase h Construction Supervision Surveying and Staking Maint Of Traffic Clear & Grub Off-Site Fill 12" Subgrade 10" Limerock Base 2" Asphalt 5' Sidewalk 2' Valley Gutter Curb Inlets Sign & Stripe Grassing 30" RCP 24" RCP 12" DR18 Water Main 12" Gate Valves Fire Hydrants 10" DR18 Force Main 10" Plug Valve Total Estimated Phase I Project Improvement Costs Allocation: Arlington TRG Pines 33.33% 33.33% 33.33% 65,000 15,000 25,000 10,000 15,000 12,000 4,500 8,000 54,00O 6,719 37,331 18,620 54,600 14,000 10,500 750 7,500 42,750 14,850 33,600 1,500 5,000 25,200 1,500 $ 115,000 $ 3671920 $ 482,920 $ 160,973 $ 160,973 $ 160,973 Exhibit F - Page 1 OR: 3307 PG: 1834 Payment Obligations: Estimated Design & Master Plan Costs Previously Paid Net Payable * Estimated Phase I PrOject Improvement Costs Previously Paid Net Payable * Total Payable 106 Whiteco Arlincjton TRG Pines 64,120 21,373 21,373 21,373 (43,289) (7,451) 20,831 13,922 21,373 21,373 160,973 160,973 160,973 (115,000) 160,973 45,973 160,973 20,831 174,896 67,347 182,347 * Any overpayments by a party shall be refunded by the Escrow Agent from contributions of the other parties. Exhibit F - Page 2 OR: 3307 ?G: 1835 10G Exhibit "C" Copy of Permit No. 11-02182-P 04/03/2003 16:25 FAX 239 947 0375 Q Grady Mlnor& Assoc. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE ~rANIDAIRD GENERAL PERMIT NO. 11~02182-P DATE I~.~UED-- FebruaW 11, 2003 YOVANOVICH ~002 OR: 3307 PG: 1836 10G PROJECT LOCATION: PEFIMIT DURATION: PERMITTEE.' COLLIER COUNTY GOVERNMENT 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 PROJECt DESCRIPTION: A modifloa~io~ of a surfac~ water management syetem een/b3g 7.92 ac~ of a road projeot known as Whippoorwill i.~ne Roadway Improvements which dLscharge~ to ~ 1-75; CanaJ (aka D-2 Canal) via the I-7'5 ditch and the Whippoorwill Woods 8urfac~ l&-aler maxl~aO~mant ~yslem, COLLIER COUNTY, SEC 18TVVP 49S RGE 26E Sea Special Condition No:l. See attached Rule 40E-4,3Zl, Flodda Admin~'tmllve Code. RECORDER'S ~EMO: Legibility ot writing, ping or Printing unsatistactol ocumentwhen 04/03/3003 16:25 FAX 239 947 0375 O Grady Minor & ASSOC. . YOVANOVICH OO3 OR: 3307 PG: 1837 · ~K;Uon 120.569(1). Fla. Stal. (1909), mqulre~ tha~ '~ n~ ~ ~ ~ ~ent of ~y a~in~ve /ol~ ~ o~a~ me hea~g or Jud~ ~, ~s is n~ Nee~ ~ ~ I~ ad~. Na ~1 ~e I~al ~~ de~i~ bel~ may be an a~e or ap~e mm~y. You ~ Petition for Administrative Proceedings 1. A person whose subslanlial ~nmresZs are affected by the South Flodda Water Management ~ ($FWMD) action hals t. he fight to request an adminlstrMive heating on th~t arAlon. The affe~ed pea'son may request either a/0nnal or an Informal headng, as set fodh below. A poinl of enby into administrative proceedings is go',~erned by Rules 28-106.111 and 401=-1.511, Fla. AdmJn. Code, (also published as an excel~lon to tho Uniform Rules of I:'roa~ure as Rule 40E-0.109), es set fnnh below. Petilion$ are deemed filed Ul)On reMIIR of the original documer~ I)y tl?e ~-WMD Clerk. a. Formal AdmlAIsll~JVe ~dqq; If a genuine Issue(s) of rl~(erial fad is in dispute, the person seeking a formal heating on a SFWMD decL-?don w~ich does or may defermlne their substantial interesls shall file a pelftlon for heennD pursuant E) SectJofls 120.569 Mid 120.$?(1), Fla. Stat. or /'or medle0on pursuant to Section t20.~73, Fie. stat, within 21 days, except as provided in subsecllons c. and d. below, uT either written flolice through mall or posting or publication of no§ce that 01p SFVVMD has or intends Io take final agency Pelilions must substantially comply wllh the requirements. of Rule 2&1062Ol(Z), Fla. Admin. C<x~e. a c.~py of the wflich ts aEached to this Nol~e of Rights. b. Wforfflel AdJT~.inistratlve I-le, ar~pa: If there am no issues of matedal fact in dispute, tJl-e affected person seel~n9 an informal hearing on a GFWMD dedsi~ which does or may de, ermine ~eir substantial Interests shall file a pe61Jon far hearing pursuant to ~ions 120.569 arid 120.$7(2), Fla, SIaL or for mediation pursuant to Section 120.673, Re, ~tat. within 21 days, e,Ympt as provided in subsax~lons c~ end d. boa)w, of either w~ten m3tlc~ through mail or posting or publication of n~tlce fhat the SFWMD has or intends to take final agency action. Pe~llons must substat~elly comity with the requirements of Rule 28-106.301(2), Fla. Admln. Code, a c~py of the wfllcfl is attached to this Notioe of Rights. c. Adminbtmtlve Gom~_ a_int qnd.Ordec If a Reetpor~lenl objects to a SFWMD Administrative Complaint end Order. pursuanl to SedJon 373.119, F/a. b-'Iai (1997), the person named In the Admlnistmflve C~omplaint and O~der may file a petition/or a hearing no later than 14 days after the date such order Is served. Pelitmns mus~ sut~stantially comply with the mqulmrnent~ of either subsec~loO a. or b, above. d. ~tate Land~ Environmental R _e~oume. Permit: Pumuant to Sec{ion 373.427, Fla. ~tat., and Rule 40E-1.511(3), Fla. Admln. Code (also published as an excei~ion to the Uniform Rules of Procedure as Rule 40E- 0.10g(2)(c)), a pelitJon objecting lo the SFWMD~s agenoy adion regarding consolidatecl aPl~OMions for Erndronmefffal Resource Perm/Is and Use of Sovereign ~l~ed Lfllld$ (~1 I=RPs), must be filed within 14 days of the notice of ~nsolidated Inlerd to grant or deny ~he SLERP, Petitions must substantially comp/¥ with the requirements o1' either subsection a. or b, above. e. Emerqency Authmizallon and On:let;, A person w~ose substantia/interests am affected by 8 SFVVMD Erne~3ency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fie, b"'lat,, as provided in subsections a, and b. above. However, the person, or the agent of the person responsil~o/or caudng or con~butlng to the emeaaency conditions shall take whatever action nec. e~sary to cause immedlate complienoe with Ule terms of the Emergency ^uthoKzatlon and Order. f, ORler for Emergency Ac~i01~: ^ pemon whose substantial Inte. m~s am effected bye SFWMD Order for Emergency Aclion has a right to file a petition pulsuant to Rules 28-107.00§ and 40E-1.611. Fla. AdmJn. Code. copies of which ara affached to this N~ice of Rights, and Section 373.11g(3}, Fla. Stat., for a headng on the Order. Any subsequent agency a~on or proposed agency action to initiate a Ironnal revocation proceeding shall be separate/y noSc~ pursuant Io sectlon g. below. g. pen.it _-.~smn~n. Rev~.Mk)n Apnulment, and Wlthdrawal~ ff the SFWMD issues an admJnblTative complaint (o suspend, revoke, annul, or wJthdra~ a permit, lhe pem~ee may request a hearing lo be conducted in accordance with E~edlons 120.569 and 120.$7, Fla, Stat., within 21 days of either wrftten notice through marl or posting or publication of notice that the SI=WMD has or Intends to take final agency Peliflons rote2 substantially comply with the requirements of Rule 28-107.004(3), Fla. Adrd~n. Code, a copy of the which is attached to this Notice or Rights. 2. Because the administrative hearing process Is designed I:o I'ormulale r~nal agency action, the 6ling of a petition means that the SFWMD's final ab-lion may be different frei71 tile posttion taken by Il previously. Persons whose substantial interests may be affected by 04/03/2003 16:25 FAX 239 947 0375 Q Grady Mlnor& ASSOC. -~ YOVANOVICH ~004 ............ i I '! any such final decision of the r:FWMD shall have, pursuant to Rule 40E~1.511(2). Fla, Adrnin. Code (also · published as an excBptJ0n to the UnJfonTI Rules of Procedure as Rule 40E-0,109(2)(c)}, an add~onal 21 days from the data of rec~pt of notice of said decision to reques~ an administrative nearing. However. the scope of the admlnlstraUve hearing sltall be limited to tile substa~lal (levlatlon. 3. Pure.ant to Rule 4oE-1.511(4}0 Fla. Admln. Code, substantially ~muaM to S~lon 1~.57(1). F~. ~ to Su~ ~m the Oovemi~ B~ pum~nt ~ ~n 120.57~), Ra. S~L, ~1~ may 4. Pu~uan~ Io Rule 28-1~6. t11(3). Fla. Admln. code, pe~ons may file ~h ~e 9~D a ~u~ ~r ~on offl~ for ~1~ 8 ~on. ~e ~D, ~r g~ for e~e~n has ~n~R~ ~ a~ ~er pa~s, Jf any, ~n~ng the CIRCUIT COURT 5. Pursuant ~o Section 373.617, Fie. ~"tat., any s~bstantially affect~ person who claims that final agency ac~cm of the ,SP-V~MD relating to permit, derdslon$ conslitutes an unconstitutt0nel taking of property without Jus/compensabon may seek jud{c{al review of Se action {n d~uit cou. I~y filing a civ{I act{on In the c~ court In the Jud{c{a{ cmrcult in which the a{fected pro{:;~effy Is {ocaled within 90 days of the mnderlrlg of the t;;FNVIMD'$ flna] 6, Pursuant tD Section 4o3.412, Fla, ~ta~., any dtlzen of Flodda may Ixtng an action for injunctive relief agalnM the SFVVMD to compel the SI=VtIMD to enftmm the laws of Cl~al~er 373, Fla. Stat,, arid Tlfle 4~E~. Fla. AdnlM. Code. The ooml~ining party must file with ~he ~-WMD Clerk a vedfied c~mplal~l se~iflg fo~ the fads upon which tn~ complaint Is based and t~e manner in Whlr_,h the cx)mplajnl~g party Is affecled. I[ the SI=WII~) does not. take 'appropriate aciion on ~e oomplainl wilhin 30 days of receipt, the ~ompialning party may then file a civil suit rot i~unc~ve relief In I~e 15'~ JudiCial Cimuit In and for Palm E3each County or circuit court in the county where [he cause of action allegedly occurmcL 7. Pursuant to ;Sec~lo~ 373,433, Fla. ~;~at,, a ~viate CItIZen1 Of' Florida may file .~uit in circuit c,,Dud to require the at)~arnent of' any slon~water menegemen~ s:~Stem, dam. Impoundment, ~eservair, appurtenant work or ~OrkS that violate tile provisions of Chapter 373, Fla. S'tat. OR: 3307 PG: 113 DI.~TRI~ COURT OF APPEAL 8. Pursuant to section 120.68, Fla. ~L, a who ~ ~v=~ ~ ~ ~nal ~D a~n may s~k ~ ~ ol ~ S~D's final d~on e n~ of ~1 pu~ant ~o ~odda Rule of ~lla[e P~u~'9,110 In ~e Foudh ~ C~ of ~al or the ~11~ dl~ ~em a pa~ ~s~ and ~1~ a ~d ~ of ~e n~ ~ the ~D Cle~ ~n 30 d~s ~ mn~ of~e fln~ S~D ~lon. ~D ~D WA~R A~UDICATO~ ~ ~ t~ ~ and W~r ~j~o~ Com~n s~ ~on Is ~nsl~ ~ the ~vlsions a~ ~ Chair 373, Fie, ~L Pumuant ~ Se~n 3~.114, ~. ~, and R~ ~-2.013 and 42.2.01~, Fla. ~mJn. ~. a mqu~ for m~w ~ (a) an o~er or ~le ~ ~e ~nd~n ~ ~e o~er or ~0p~n of t~ mia ~[ ~v~; ~) an ~er ~ the ~~ of EnvJmnme~el ~ ~P) ~[d~ ~e~me~ or ~peal of ~d~ ~ ~ ~P's o~er. and ~G) a S~D ~er ~ ~uan[ to e focal edmi~l~ ~e~ng ~lon 120.57(1), F~. ~., m~ ~ fil~ no ~er than ~ ~ mnd~on ~ the ~D~s ~el ~, Sl~~us ~ fl~, a ~ of ~ ~ue~ ~r ~ ~ ~ on the ~ ~a~, any p~n in ~e S~D or ~P final o~er, and all ~les to ~ Is a~h~ ~ this N~i~ ~ ~. P~VA~ PRO~ RIG.S P~ON ACT 10. A ~ ~erwho all.es a spe~c ~ion ~ ~ ~al ~pe~. or a ~ ~ to a s~flc u~ of the m~ pm~, may file a ~alm in ~ ~E ~u~ wh~ ~e ~al pm~ ~ I~ted ~hln 1 ~ar ~ the S~MD a~ ~e~ m ~ p~ums set ~h in Su~n 11. A ~ ~ ~ ~1~ ~r a S~D en~~ ~ ~ un~na~, or un~i~y ~ens ~e u~ of I~ ~1 ~pe~. may file e ~ue~ ~or ~h ~e ~D ~ 30 da~ of ~ ~ ~e s~ ~ ~ ~u~s 7D.~1(4) end ~, ~a. ~ M~IA~ON 12. A ~mon ~e su~ ln~ere~s a~. ~ ~ ~, ~e~ ~ Ihe S~D's a~on may ~a~n as an a~mmive mm~y un~r ~1~ ~. ~ PU~ to Rate 2~1~.111(2~. Fla. ~mln. ~, ~e ~n for m~faUon shall be flMd ~ln da~ ~ e~r ~en n~ ~h mall or po~ I I 04/03/2003 16:25 FAX 239 947 0375 Q Grady Minor & Assoc. - ~ YOVANOVICH ~005 OR: 3307 PG: 1839 publication of nMice thai the SF-WMD has or ir~en~s to Cake final agency ocean. Choosing medlaUon will nm effect the r~N to an admlnlatrative hearing If mediation doss n~t result In se~emenL Pursuan! to Rule 28-106.402. Fla. Admln. code. the co;llants of the pefJlloo for medlatlon shall contain the t011owlng ln;ormation: (1) Ihe name, address, ar~ te/ephone number of lhe person mque~lng medb~lon and that person's repmsentaUve, if any;, (2) a statement of the preliminmy agency a~l~xt: (3) an explana~on of how the person's subs~anUal lnte~e~s ~ De affec~ed by the agency determination: ancl (4) a statemen~ of relief sought. ~s provi~ecl in Section 120.573, Fla. Stol (1B97). the t)mely agreement of all the parties to medline will Ioll the time I~rnltaUons Imposed by Secltor~ 120.569 ancl 120.57. Fla. ~-~m.. for requesting and holding eh administrative hearing. Unless otherwise agree~ by the paltles, the mediation mu:~ be conclu~ecl w~thln 60 days of the execution of t~ aoreemenl. If mediation resuas In settlement of the cliO)ute, the SFVVMD must enter a fl~ll order inoorporattng the agreement of the parties. Per,~ons whose subs=anltal interest will be aflL-ctecl by such a mo~llled agency dec~lon have a right to petition for hearing w~thin 21 days of receipt of the final order In eccon:lanoe wilh the requirements of 8actions 120.569 and 120.57; Fla. ~tat,, and 8FWMD Ru~e 28-106.201G~). Aclm]n. Code. If medlaUon terminates without settlement of the Clisp~te, lbo SFVVMC) Sllall nolJgy all 13~l'f~S in writing Ii, at lhe eclmln~raUve hearing pmce~ under Sections 120.3a9 arKI 120.57, Fla, Stat., remain available for disposition af the aispute, and the noUca will specify the deacUines that ~en will apply for eha#enging the agency VARIANC£$ AND WAIVERS 13. A person Who la subject to ragu/etlon pursuant to a ._~':WMD rule and belleve~ the appilc~on of that rule troll ca, ate a substantial hantship or will violate principles of fairness (as [hose tem~ am defined in .Subsectkxt 120.542(2), Jla. b-'tat.) arK] can dm'nonstrata that the purl)o~e of the undedyJrlcj statute will be or has Zx~en achieved by o[her means, may file a peUtion with [he ,~PWMD Clerk mques~lg a vadan~e from or w~iver of the ~:~=VVMD mia. Applying for a vedanta or waiver does no[ :substitute. or ex/end Ihe time for rdinO a petition for an aadmlrlL~r~lve hearing or exercising any other ngi, ff that a I:~mon may have COnGemlng the ~FWMD's action. I:~ursuan( 1o Ride 28-104.002(Z). Eta, Aclmln. Cocle, the i::~eUtton mus~ i~:tude the followh1~ InformaUon: ('a) the coition shall reed: PetitiOn for (Variance from) or (Wah#er or) Rule (CltatJon) (b) The name, addreas, telephone number ar~! any facsimile number of the petitioner. (c) The name, address telephone number end any facsl~ile number of the attorney or cluallfmd representatt~ of the petitioner. C~' any); (el) the applicable rule or portion of the rule: (e) the citation to the statue the rule is lmplemer~rng; CO Ute type of action requested; {J;I) Ihe speclflc facts that demonstrate e substa~lal hardship or violation of principals of fairness that woulcljus~fy a waiver or variance tar ~he petitioner, (11) the reason wily the variance or the watv~' requested woulcl serve the purposes of the underlying statute; and (I) a statement of whether the varlanoe or waiver is permanent or temporary, Ir f~e variance or walve~' is tempor~lP/. ~e pa§lion shall Include the dates irldlcatlng the duration of the requested variance of waiver. A pemon requestJng art mnergancy variance from or web/er of a Si=lA. ID rule mu~ clearly so mate in the calXion of the petition. In adclitlon to [he requirements of Section 12G.542(5), Fla. Stat oursuant to Rule 28. 104.004(2), Fla. Admtn, Code, the petition must also Include; a} the specific facts that make the situation an emeqaency; and D) the specific facts to s/tow that tile petitioner will suffer Immediate advelse effec~ unless 'the variance or waiver is issued by the ~D marc expecliliousJy than the applicable I~merrames set fort~ In Section 120,542,/=la. W~ OF RIGHTs 14. Failure to observe the relevant Ume llamas preset/bed above will constJlute a waiver of such (2) Ali per, ions filed under these rules shalr comaln: (a) The name and address of each agenb*,y affectecl and each agerlcy% file or Identlfical~rl number, If known; Co) The name, address, and telephone number of the petlUoner; the name, address, and telephone nurrd~ of the patJ~oner's repre~santativa, If any, which sllall be the address for service purposes durfng the course of the procee~ng, and an explanation of how the pet/~oner's stli~tantla! ineerests will be affected by the agency determination; (c) A stateme~l~ oir when and how the pardoner received noUce of the agency decision; (~1) A slalement of all cfisputed Issues o! material I! Illere are none. the pet~on must so Ind~cale; (e) A concise statemertt of the u~Jmate facts alleged, ,as well as the rides and statutes which enffile the pe[iUoner to relier:, and (t) A demand for relief. 04/03/2003 16:26 FAX 239 947 0375 2B~0G,301 INITIATION OF PROGEEDINBS (NOT INVCX.VINO IDtgimJTWD la~tJE;; QP MAYERIAL FAOT) (2) Ail petiOons filed under the~e rules shall contain: (a) The name end adclraas of each a0enay' affected and each agency's file or IclenflflcaUon number, if known: lb) The name. address, and telephone number of the petitioner, the name, acldm?-,:, and telephone number of the petll~mer's representative, if. any. which shall be the address for sel~/lee purposes during /he course of Ihe proceeding, and an explanation of t~ow the pet~oner's substantial interests will be affected by the agency determination; lc) ^ sta(ement of when and how the petl0oner received notice of Ihe agency derision; (~1) A concise statement of the ultimate facts alleged, as well e~ Ihe roles and statues which enflUe the petiUoner to relle~, and (e) A demand [or relief. 2a-¶07.O04 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for nearing filed in accordance w~ this rule shall inclu(]e: la) The name and address of the pa~ maidag the request, for puqx~s or ~en, lce: (b) A s~atement thai the party is mqueslfng a hea~ing involving dlsputnd Issues oI matedal fact, or a hearing involving dtraputed issues of material fact; end lc) A refererlce Io lhe notice, order to sllow cause. administrative complaint, or c~her c~mmunicat~n lhat the pa~,,, has received from the agency. 42-2_1)13 REQUF_~T POR la~"VIEW PURSUANf TO SE~ON ~3.114 OR (1) In a~ ~~ ad~ng u~er ~a~er 373. mHew ~ ~e Fmo~da ~nd and W~ A~m~ C~m~n may ~ inmet~ ~ t~ De~ ~ a p~ by filing a r~ue~ f~ such ~iew ~ ~e ~a~ of the C~=~on a~ ~ng a ~py on any ~on named in the m~ or o~er, and on all pa~ Io ~e ~1~ whi=h.~ult~ ~ ~e ~ ~ugM ~o ~ ~. A r~ul~ ~ als su~ ~all ~ a ~ui~ ~r a dete~ina~ ~ ~n~ u~r R~e ~2.~32, F~lum to ~e ~ r~u~ ~h ~e Co~en ~n ~e ~me ~d~ pmv~ in Rule 42-2.0132 shall msuR in digital (2) The request for review shall Identi6j ;he role or on:ler requested to be reviewed, the proceeding In which the rule (~r o~ler was entemcl and the nature of the rule or order. A Copy of the rule or order sought to be reviewed Sllall be attached. The request for review shall state with i:)articularJty: la) How the o~der or rule conflle~ with the requirements, provisions and pufl~ses of Chapter 373. F:.S.. or rules duly adopted thereunder, OR: 3307 PG: 184 ~) Haw ~e ~ or o~ ~M to ~ ~i~ ~ ~e Intem~ ~ the pa~ s~ki~ ~ew; ~ The ~1 ~ ~ ~at~. ~m ~ un--m, whl~ ~ ~~ ~ ~ ag~w ~ming the m~er ~ be ~ a~ the date a~ lo,on of the If ~e I~ual or e~ay ~u~ng t~ revf~ pa~~ in a p~i~ pmviou~y Instit~ p~ua~ to Cha~er 120, F.S., on t~ o~r ~r wh~ m~ Is so,M; (~ If ~ ~ an ~ Is ~i~ ~ught, wh~h~ a~ h~ t~e ~ly a~ho~ ~ the ~er sub~al~ ~ ~u~l ~u~s of ~M~e or regional ~~, or whmher ~e ~er ral~ I~ ~11~, ~auto~ I~e~aion, ~ mia Inter~ Iha ol a~cy ~~t, a~ all the ~al ~s In t~ ~ ~lch ~e ~e~er Ua~ sup~ su~ d~naUon(s); and (e) ~e ~n ~ue~ ~ ~ taken by ~e ~mm~on as a ~lt of~e ~, ~er !o r~d~ or m~i~ ~ oM~. ar ~a~ the pm~l~ to tl~e m~eme~ ~d~ for ~her a~. or ~o require ~er ~nag~ ~'~ ~ In,Me mlema~ to ~o~, a~ ~ m~l a ~e. 28,107.005 EMERGENCY' ACTION (1) If the agency fincls that Immediate serous dariger to the ptlbllc health, safer7. or welfare requires emergency ac/ion, the agency shal/ sumfflerfly susperld, limit, or restrict a license. C2) [he 14-clay ncXice p~uiremenl of Section 120.Sag(2)(b). F. 8.. does not apply and shall nm be construed to pm'vent a I~emlng at the eadles! time practicable upon request oran aggrieved party, (3) Un~ss othelwiSe provided by L3w. wilhin 20 days ara' emergency action taken pursuant to paragraph (1) of this rule; the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60. F.S. 4~E-'1,611 EMERGENCY ACTION (1) Art emergency exists when immediate action ts necessary to protect public health, safety or welfare: the tleal[h of animals, fish or aqtlatic life; the works of the Disldct a public water supply, or recreatton~d, commercial, induslrial, agricultural or other reasonable uses of land and water resoulT, es. (2) The Executive Dlmct~r may employ the resources of the Dist~:t to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency orcler, or II11tie event an emergency order has been Issued. alter the expiration of the requleite time For compliance wtttt that o~er. Re~a~:l August, 2000 04/03/2003 16:26 FAX 239 947 0375 Q Grady Minor & Assoc. ~ YOVANOVICH ~007 This permit or a copy thereof, complete with all oon~tiana, attadmmnt~ exhibits, and no:iiflcatlons shall be kep~ at the work site of the permitted activity. The complele pemlit shall be available for review at the wark site upon requeat by Dlatrlet staff. The pennittee shaft require the contractor to review ~e comldeto permit prior to oommermement of the actJvily authonzecl by this pennlL 'Activities approved by this permit alhall be conducted in a manner which does nol cause violations of State water quality slandards. The pmmllbm shall implement best management p~actices for erosion and pollution contra! to proven violation of Slate water quality standards. Tempormy erosion control shaft be implemented pdor to arid during ~, and permlflmtt oontml mums shag be completed wltflin 7 days of 8Jly col!81ruoflon acthRty. Tud~di~ barriers shall be installed and maintained at all locations where the postal=airy of Iranderrlng suaaended solids into the receiving wate~oody e=~-ts due to the permitted work. Turbidity bafflers shall remain in place at a/I Iocatiom until con~n is oompleled and soib are stabilized and vegelatJon has been established. NI pracllcea shall be in acoordanm with th. guideanes and specifications described in Chapter 6 of the Florida land Deve~ Manual; A Guide to Sound Land and Water Management (Deparlmma of Environmental Regulation, 1988), incoqx~rated by reference in Rule 40E-4.091, F.A.C. ~ a pmject-speoifto erosion and secllment conb~ol plan is approved as part of 1~ permit. Thereafter the permiltee shall be ~ble for the removal of the bamers. The perm~ee shall correct any eroslen or shoaling that oausea adveme impacts to the Water reaources. The permittee shall notify the ~ d the anticipated constn.,ctJon start date within 30 days of tim date that this permit is issued. At least 48 houm prior to commen~t of ac~vlty authorized by this permit, the perlnltlee shall eubmit to the Distrid an Environmental Reaoume Permit Construction Commencemen! Notice Form Number0960 indicating the actual start date ~ the expected cor~ruction completion date. When the duration of constrtl~ will exceed one year, the permittee shall submit construction statue mporls Io the District on an annual basis utilizing an annual status report form. Status report fom~ shaft be submlBed the following June of each year. Within 30 days attar e~lpletlon of consalJctJon of the perITIRted aclivity, the permitee shall submit a written statement of completion and cerlifloaflon by a ~red professional engineer or other appropriate individual as authorized by law. utiliTJIlg ~ 9upplled Effvl~ Reaource I~rmlt Corm~ Complelion/Cerllff~Uen Form Number 0881. The statement o! completic~ and certifeation shall be based on onsite observalion of conetrmtlen or review of as-built drawin~ for the purpose of detmm~ if the work was completed in com~mnce with peenltted plans and specif~s. This submittal shall serve to notify the ~ that the system is ready for Inspectbn, Addiif~lly, If deviation from ~ approved drawlnga is discovered during the certilication pmoe~, the cedlflca0on rnuet be acoompanted by a copy of the al~mved permit drawings with deviations noted. Both the odglnel and revised specifications must be dearty shown. The plane must be olearJy labeled as 'As-bulB' or 'Record' drawixj. All sunmyed dimensions and elevations shall be oertilfed by a registered suweyor. The operation phase of this permit shal not become effeclive: until the permittee has complied with ~ mqu~nls of col~lRion (6) above, and submitted a requmlt for convemton of Environmental Resource Pen-nit from Co~n Phaae to Operaflol~ Phase. Form No. 0920; the District determines the system to be in compliance with the permitted plans and epecifieations; end the entity approved by the Dietri~ in ac=oR;lance with Sectiorla 9.0 arid 10,0 of the Baste M Review for Environmental Resource Permil Appr~.ations within the ~outh Florida Water Managemetlt DiMrlct, aooepts reapol~ibJlity for operation and mainte~anoe of the syete~. The permit shall not be trartsfen'ed to such approved operalion and maintenance entity until the operallon phase ot the pmmit _beeo__mea effeollve. Foitowfng Jn,spectlo/1 and approval of the permitted eystem by the District, the pennlttee e4tall initiate franker ot the pefrnlt to the 04/03/2003 16:26 FAX 239 947 0375 O Grady Minor & Assoc. YOVANOV I CH ~] 0 0 8 Page~M5 OR: 3307 PG: 1842 approved responsible ¢~3eralJng entity II ~fferent from Ihe pen'n~. UnlJl the pem~it is pUnlU~d ~ Section 40E-1.6107, F~.C., lhe permillee shall be liable for compliance wilh the l~rms of Ihs 8. Each phase or Independent portion of the pe~miaed system must be completed in acmrdan~ w~ the permitted plans and permit mncMk]ns pr/m to the inilialJon d Ihe penniltecl use ol site infrasVucku'e kx:~ed within the ama ~erved by that ~ Dr phase of Ihe syslem. Each phase or indepen~t po~on ey,gtMll mUM b~ GompJek~ Ill lal3OOl'd~ wilJl the pemlJlted plaJ~ arid perm/t conditions prior to ITansfer of re~ponsll~lity for operabon and ma/nkinanoe of Ihe phase or portion o~ ~he system ~ a Ioca~ government or other res{x)nsible erl~y. e, For thMe system~ that w~l be upe~ or maintained by an enltty ll~t will mquh'e an ea.lem~t or deed suoh eeaemen! or deed restrk31ion must be recorded In the public records and SlJbmit~K~ to the ~ along w~l any olJler IInaJ opellMIon arid IllaJMermnce documenl3 required by Secfion~ §.0 and f0.0 o~ the Basis of Review for Envlronmenlal Resou~ Permit applicalions wilhin the South Florida Water Management DJ.~ui~ prim ID IDt or ~ &alee or prior to lhe compJetjon of the ~yetem, whlohever comes lhe Secre~ of ~'~, oounly or municipal entilies, gmaJ operadion and mal~ documents mum be received by the DtaM~ when maJ~ and opemlion of the system i~ amc~)led by [he local govemmen! imtily. Falltll~ ~o eul:xldt lhe app~le t'mal documents will result in Ihe pennittee mrnail31ag liable for canying out makltenaJx~ eJld o0elalkx1 of If~ permitted syslem and any olher permit conditions. lo. Should any c~her reguMIory agenoy require changes to IM permitted s~, lhe permltb)e droll noWy the ~ In writing of ~he changes prior m implementallon ao Ihat a ~ination can be made whether a pennl~ modification Is required. 11. '[his permit doea not eliminate lhe neca~ity to obtain any required federal, slate, local and Aoeolal cisl~c~ authorizations prior ~ the Marl M any aDtivtly approved by lhis permit. This penmt does not convey to perm/Ree at create il~ lhe penn#lae eUly ~ right, or aJ~ intere~ in mai p(operty, nor does it authodz® any erltrance up(m or adivitJes on pmpMty whJah lq not owrled or c~onbY)lled by the permltf~e, or any ri~hla or privilege6 olher than ~ specJfied In ~ permit and Chap~r 401:-4 or Chapter 40~.4o, F~.C.. The pennittee is hereby iidvleed ~hld E, ecll~ ~L53.77, F.S. slates ~hat a person may not ~ any exr. avatk]n, construction, or olher actlv~ Irlvolving the LaC OI s(]vemign or other lancLt o{ the St~, the Io which I~ veMed in the Boan:l of TruslBas of ~ Irdsmal Imp~ TruM Fund wllhout obtelnlng ~he permittee ia I'M43ona~ fM' M]laJllng any n~ aUIhodzalion~ from the Board of Trustees prior to commM3dllg aolf~y Orl M3verelgrdy laJlds or ol~er state-oWned lands, 15. The pennittee must oblaln a Waler U~e permit I~iOr ~ oDnatnJ:~lon clewa~ring, unleee Ihe work ~ for a general permit pumu~nt Io Sub6ectlon 4(]E-20.302(4), FA.C., also known a~ ~e 'No NDtlce" Rule. The pennit~e shall hold and save the I:)isl]~'t hanTIleM Imm any end ~11 clamage6, claims, or which may ari~a by reason c~ ltw canstnJ~an, all~ralkm, operaliDn, rn~intenance, mTnoval, abandonment or uae of any ~y~m aUlhodzed by Ihe permit. 16. Any delineation of lhe exleal of a welland ur Ob'let ~urlac~ waler But)roWed as pert of lhe penn/t Including plans or uther ~Upp[]rtlng documentalkm, ~ nol be conMdemd binding, unless a speci~ col3cltion uf l~is permit or a fomlal detelmination undei' Sectlol3 373.4~1(2), F.S., provides othgnNise. The permi~,~ ~ nQ41fy ~ DIMTICt in wrWng w~hin 30 clBya of any m~e, oonveyance, or olt~r transfer of owneml~Jp M' cx~ntrol of I perm#tIK/system or lhe r~aJ ixopefly on which Ihs pennlt~:Kl sy~l)m b Io(~ted. AJI transfers of ownemhlp or lmJ~fe~ ora permit are ~ubJed 1~ the requirements of Rules 40E-1.6105 and 04/03/2003 16:26 FAX 239 947 0375 Q Grady Mlnor& Assoc. ~ YOVANOVICH ~009 17. 18, lg. lOS .~.~.,,, =...mo,~ OR: 3 3 0 7 P G: 18 4 3 40E~-1.6107, F.A,C.. Tho pmmitMe transfeaTing lh8 permit sh~ J~rnaln liable for cormottve ~m~ions th~t may be required as a meult of m~ vlalations prior to the sale, c=nveyatw, e or other transfer of the system. permlsalon to enter, inspect, sample and test the Wstsm to insure oonformity' with ~e plans and speOiflcatlonn approved by l~e permit. II hist0(Ic, aJ or alrch~lc~i ggtifaCt$ are ~ at any time on the project site, ~he pem14t~e shall immediately notify the apl~=~te DWtrict service canter. The perm#tee shall/rnmediMely noilly the District in wrJling of any previously submitted informatt~n treat is later discovered to be Inaccurate. 04/03/2003 16:26 FAX 239 947 0375 Q Crady Minor & Assoc. - YOVANOVICH ~010 Al~#calian No. ~00831-6 Page S of $ SPECIAL CONDmON8 The eonstructlon phase of this permlt shall explre on FebruaJy11, 2008. OR: 3307 PG:- i844 Operation and maintenance of the roadway shall be me respons~'/ity of .COLLIER COUNTY TRANSPORTATION DEPT. The operation of the suffaoe water management system which receives mm off from the. roadway cheil be the responsibility of Prlrne Residential LLC. the developer of the Whippoorwill Woods rental development. Disaha/ge Facilities.' Through previously approved facirnies within Whlppoorwi/I Woods. The perm~ee shall be ~ible for the correc,lon of any erosion, shoaling or water quality problems that result from the oonstruction or operatiort of the surface water management system. Measures srlall be taken durlllg oonstmclio~ to insure that P, ed~mefllation and/or turbidity violations do not occur in lhe receiving waler, The District reserms the ~Jht Io require that additionaJ water qualRy treatment methods be incorporated inlo the drainage system if such measuree am shown to be necessary. Fac:ilities other than thoea ~tated herein shall not be co~ without an al3proved modification af this permit. 8, A stable, pemmjlertt and accessible elevation re/erence shall be established on or within one hundred (100) feel of all penTtitted d'~4~harge stoa rio later than the submission of the certification report. The location of the elevation refemnae must be naL-~ on or with the certilicatJon report 9. The permlttee shall provide routine maintenance of all of the components of the surface water management syetem in on,er to remove afl tlapped sedimenta/cfl~rle. Ail materials shall be properly disposed of as required by law. Failure to properly mainlain the system may result In adverse flooding conditions. lO. 11. 12. 13. Any future proposed work within the censerva~ easement shall require a modfflaation to this permit and wilt be subject to evaluation of wetland impacts and potential mitigation requirements In accordance with the environmental cdteda In effect at the time of the app/k:ation for any such proposed work. Plan sheet 3 and 4-12, signed, sealed and dated by Norman J. Trebllcock, P.E., on February 3, 2003 and January 28, 2003 respectively are Incorporated by reference into this permit and will be retained in the permit file. No later thaJl April 7. 2003 and wior t~ impacting wellands shown on EXhibit No 9, lhe permltlee shaJl submit ver~::atlon from Panlher I~land Mitigation Bank that 0.24 ~mdits have been debited from the Miligation Bank ledger ae miffgatlon for this impact. Activities associated with the implementation of the mifigalion, monitoring and malnterlanoe plan(a} shall be completed in acx:ordarlce with the work schedule atlached as Exff~t No. 10, Any devlalion from lllese time frames will require prior appmvad from the District's F-Jivironmenlal Resource Compliance staff. Such requests must be made I~ writing and shall include (1) mason for the change. (2) proposed start/finish and/or completion dates; and (3) progress report on ~e atatt~ of the project development or mitigation effort. 04/03/2003 16:27 FAX 239 947 0375 18, O Grady Minor & ASSoc. . YOVANOVICH TOWNSHIP 49 COLLIER SOUTH, COUNTY, 011 RANGE lOG .26 OR: 3307 PG: 1845 FLORIDA 34 9 10 11 I $ 7 32 5 4 SITE ~C 1.5 20 19 15 ;ATE 22 GOLDEN 04/03/2003 16:27 FAX 239 947 0375 O Grady Minor & Assoc. YOVANOVI Cit ~]012 OR: 3307 PG: 1846 ~ENERAL E .NVi. RO#M&'NTAL RESOURCE PERMIT STAFF REPORT Project Name: Whippo0~lll Lane Roadway Improvements Permit No.:. 11-02182-P Appliomtlon No.: 0008~1.8 Application Type: Fnvimflmental Resource (New General Permit) LoclalJon: Co/lief Counly, Pennittee: Collier County Government Openm.g E.my: Co,War County ~tion Dept. Project Arel: 7.92 PmJed I.~d Use: Highway I:)ralnaoe Basin; WE. ST COLLIER Receiving Body: 1-76 Canal via Whippoorwill Wooda 8WM$ sp,~kd Drainage District: Total Acres Wetland Omdte: .49 Total Aero. Wetlmnd Premmmd Onsita: .00 Total A~r~s Impacted Onslte: OlVs~e MltlladJon Crodlt~..MIt. lE~mk: Goflservutlo~ Easmamnt To DIstdCt: No Panther Opecation d a suria~e waMr ma~t system serving a 7.92 ~ mad projec~ The sy"~lsm dischmges to Ihe 1-75 Canal (aka D-2 Canal) via t~e 1-75 ditch and lbo WhiPl;mOnm]l Woods surf~e waler 10G App. ho.: 000831-6 Plge I ets EXHIBIT 04/03/2.003 16:27 FAX 239 947 0375 PRO~ EVALUATION; 0 Grad¥ Minor & Assoc. YOVANOV I CH ~ o 13 OR: 3307 PG: 1847 10G The project is located on the south side of Pine Ridge Road, approximately 1/2 ~ west of 1-75. The maJodty of the extsflng right.<d Way ia unpaved with just a hard packad did surface although a small section contains pavement. Run-off from this mad generally flows to the south, through swalea on either skle of the roadway, Into the I<m~ Canal No peri, its have been /ssued for any existing Improvemenls. Them are four wetland aa~emblagee domimd~d by melaleuca whloh lie within the Whippoorwill Lane improvement fight of way. These __=~e_ mblagee oontab a mix of pine, oypress and dominantly melaleuca (See Exh~it 7). The project consists of the paving of Whippoomill Lane and, along Whippoonelt Lane and Nighthawk Drive, regmcling and mconslmcting roadway swales as well as im~alllng drainage slzueturee and pipes. The work along Whippoorwill Lane begins approximately 750 lt. south of Pine Ridge mad and ends in a cul-de-sac just gouth of the entrance to lhe Whipl:mor~ll Woods development. The end of the mad does not cmaa the Kensington Canal er the regional tlowway which extends from the I/2 section of land on the west side of lhe road, across Whk3poom~ll Woods to the 1-75 right-of-way and the 1:)-2 Canal. The m-off trom Whlppoon~lll Lane flows soulh, through a pipe network, into lhe wet detention lakes wilhin Ihe am water management system for Whiplx)om~ Woods. The lake~ provide the required water quality and attenuation of the 2S yr. 3 day alom~ event for the Improvements, as well as the improvements within the dsvekN3men[ The improvements aJong Nighthawk Drive maintain the exleeng flow patterns fo~ mn-off from propmtie~ a~acent to Wh~l Lane which does not enter the mad right- of-way. Pavement 4.0~ acres Pewious 3.90 acres Total: 7.q2 Discharge I:lat~: The proposed project is co~aistent with the land use and site gracrmg asraznp~s from the design of the quffaoe water management si/elam, The n~l-off fn:~n this project dlschal~es ~to the Whippoonl~l Woods su~faoe water management sysmm which limits the discharge to 0.15 ds/ac:, for the proposed project as well as the Whippoorwill Wooda de~Mopm~lt, The wet detention pond within the Whippoorwill Woode development provides the requir~l water quality ~x].na.: O(x]~-6 Page 2 ol 6 :.., ': 04/03/2.003 16:27 FAX 259 947 0375 Q Grady Mlnor& ASSOC. YOVANOV I CH OR: 3307 PG: ~014 18 8 for thru project. No adverse water Cluality Impacts are antieipaled as a result of the pm~ project The Whippoorwill Lane roadway Improvement dght of way contains 4 small wetland aesemblages totaling 0.33, 0,04, 0.01 and 0,11 m~res ~lly. The~e wetlands contain a mix of pine, cypress and dominantly melaleuca in the ovemtmy. Hydrology In these wetlands has been effectively altered due to the gurmundlng anthropogenic land use and has resuIt]~d in oppol~nisfic invasion by exotic speolee. (See Exhibit g). Aa mitigation for this Impel, Ihs applicant will purcheae 0.24 mitigation credits from Panther Island Mitigatlort Bank. Pursuant to 8edion 4.2.7 of the Basis of Review, protective rn,~ums have been Incoqx~ated Into the project design to prevent secondaxy Impacts to the water resources. Specir~ally, ;dl surface water runoff will be pretreated In the WhiPl~onm'll Woods (Also known ae L~guna Polnte) surface water management system prior to crlscflaJglng ir4o wetlands. The Whippoorwill Woods projcol oontains a preserve area which ~ aewes as a flaw-way IIlat ~orrns a contiguous habitat boundary from the west to the ,aat across the southern ~ of the site. The roadway project will nave culverts installed below the mad grade ig maintain conveyance between the flow-way contributing elte~: in the nodh and west and sites to the soulh and ea~. Wetland lflvemaqt -- CONSTRUCTION NEW -WHIPPOORWILl_ LANE IMPROVEMENTS Total Existing .4~ ONSITE Post-Developmerd Impactad Undisturbed Enhanced Pnerarved Restored/ Created Fresh Water Foresmd .48 Total: ,4a .49 Wetland Inventg~j: MITBANK PANTHER J~I.~D OFFSITE Fresh Water Fores'~d Total: Mitigation Bank Cr ~ The project site does not 0ontaln prefmTad habitat for wa~lafld-depeflda~t endangered or thmatoned wildlife species or species of apeolal oanoem. No welland, depend~t enclangemd/thm;~,ned species or 8peofes of special concern were observed ormite, 81xJ eubmitled IJlft:Ntn,9.tk)n indioates thBt ~ uae of the site by auoh si:reties is minimal. This permit does not mlhwe th® applicant imm cornldy~g with all applicable rules and any olher agencies' requirements if, in the future, endangered/threatened apeoles or speoies of speolal conoern am discovered on lhe site. !': ':: 04/03/2003 15':27 FAX 239 947 0375 Q Grady Minor & ASSOC. ~ YOVANOVICH ~015 OR: 3307 PG: 1849 10G It is suggested that It~ permiltee retain lhe aenaces o~ a Pmfeeelonal Engineer registered in the Stale of Florida for periodic obsenratlon of constng:lkm of the surface water management (SWM).system. This wtll facilitate the oompletion of ~ completion cerlifica~ion Form ~10881 which I$ required pumumn m Section 10 of ltm Basis of Review for Environmental Resource Pemut Appilcatlon~ within the South Flor~a Water Management District, and Rule 40E-4381(2), Florida Administrative Code (FJLC.). Pursuant to Chapter 40E.,4 F.A.C. Ibis permit may not be converted imm Ihe consgmclion phaee to lhe operalfon phase until oertiflr, a~n of the SWM system Is sabmltted ~o ane accepted by Ibis Dfatriot Rule 40E-4.321(7} F.A.C. elat~ that tailure to cemlflete ~ of the SWM system and obtain operation phase appmvar from Ihe District wllhin the permit duration shall requlm a new permit authorization unless a permit extension Ls granted. For SWM systems pennittecl with an operating entry who la different from Ihe permittee, il should be noted lhat until the permit !~ trallafelmd 10 the opelrattng entity I~Ursuatlt to Rule 40E-1.6107, F.,~LC., the permlltee is liable for com~ with mo Ilerms of this permit. The permittee is advlae~l tttat the efl~e~ el a SWM ayatem wal normally decrease over time unless the system is period'malty maintainmL A significant reduction In ~ capa=~ can usually be amtbuted to partfal blockages of the ~ortveyance sy,alem. Oflce flow oapaclty lo compmmbed, floo~rrng of the project may resulL Mainlananoe o~ the SWM system Is required to protect the public health, safety and the natural resouroes cd lhe state. Therefore, lhe permlltee must have laedo~e inspections of lhe SWM system peffonlled to ensure performance for flood protection and water quality pUq~oses. If deficienclee are ~md, it b Ihs resl0onsroilily of the penniaee 1o oorre~ theee defg~eles In a timely manner. A~,no.: 0008~I-e P'ag. 4 o1' 5 EXHIBIT 04/03/2.003 16:27 FAX 239 947 0375 RELATED CONCERNS: Q Grady Minor & ASSoc. YOVANOVICH ~016 OR: 3307 ?G: 1850 10G Water U~e A Water Use permit is not required for this projeot at Ibis flrrm. This pemllt does not release I~ perrni~e from obtaining all necessary Water Uae authorization(s) prior to the commencement of activities which will require such authorization, inoluding oonaeta:tion dewaWlng end irrigation, unLe~_s lhe work qualifies for a general permit laaued pursuant to Seotlon 40E-20 FAC:. Hisk.'ica YArch~k~gl~l Re~m~ms: Resources indicating tha! the age,toy has no objeeemta to the i~uanoa of this permit.. DIVISION APPROVAL: EXHIBIT 04/03/2003 16:27 FAX 239 947 0375 Q Grady Minor & ASSoc. ~ YOVANOVICH ~017 POINT NORTH TO PINE RIDGE ROAD PiNE RIDGE AREA SHOWN 0.01 ACRES 424/41 1H OR: 3307 PG: 1851 10G ~ 424/E24 0.11 WHIPPOORIMLL PINES PUD OUT PARCEL a,~Rlre FPL EASEMENT PROPERTY LINE EXHIBIT WHIPPOORWILL WOODS FLUCCS LEGEND___ ,;I.24/411H MELALEUCA INVADED FLATWOOD WETLANDS 740 DISTURBED LANDS 04/03/2003 16':28 FAX 239 947 0375 Q Grady Mlnor& ASSOC. . YOVANOVICH ~018 OR: 3307 PG' 1852 PINE RIDGE WHIPPOORWILL PINES PUD wEn, daD dL3 0.01 ACRES OUT PARCEL 0.04 ~ ITL F_.ASEM£NT PROPERTY UNE TOTALS: I TOTAL WLTLU~DS, o,,m ACRES WHIPPOORWILL LAME uLrI'LAND ID MAP WHIPPOORWILL WOODS 04/03/2003 16:28 FAX 239 947 0375 Q Grady Minor & ASSOC. ~ YOVANOVICH ~019 3307 1853 1016 rOTAtS: WHIPPOORWILL WOODS WHIPPOORWILL LANE ~ IMPACl'S FOR COI~IS'11a~TIOH OF W14~ UU~ 04/03/2003 16:28 FAX 239 947 0375 South Florida W~-r Mlmagement DieMot M#igatlon Monllmtng W~ ~~ O Grady Mlnor & ASSOC. . YOVANOVICH [~020 OR: 3307 PG: 1854 AppIladlon No : 000831-6 Mlllg!llJon Plan ID: MmGATION PLAN SUBMITTAL OF MITIGU~TION BANK DOCUM~NTA710N O?-APR-20O:3 F-XJllblt ND: I ~__,~ 04/03/2003 i6:28 FAX 239 947 0375 (;I Grady Mlnor& ASSOC. ~ YOVANOVICH ~021 OR: 3307 PG: 1855 loa] TOTRL P. 18 OR: 3307 PG: 1856 10G Exhibit "D" Copy of Executive Summary OR: 3307 PG: 1857 lOG EXECUTIVE SUMMARY STAFF RECOMMENDATION THAT THE BOARD OF COUNTYCOMMIS SIONERS: CONDITIONALLY ACCEPT RECORDED EASEMENTS AND DEEDS FOR YVHIPPOORWILL LANE; AND APPROVE AN INDEMNIFICATION AGREEMENT; AND ACCEPT PROVISION OF CASH ESCROW. All MATTERS PERTAIN TO THE LAND ACQUISITION AND CONSTRUCTION OF A ROADWAY ON THE PROPERTY ACCEPTED BY THE COUNTY FOR CONSTRUCTION BY PRIVATE PARTIES OF WHIPPOORWILL LANE OBJECTIVE: First.'_ To secure the Collier County Board of County Commissioners conditional acceptance of easements from property owners along Whippoorwill Lane for construction of the road by private parties. PuRe Home Corporation and PR IV, a Florida Limited Liability Company have agreed to enter into a Hold Harmless and Indemnification Agrecmmat with Collier County so that they may utilize the South Florida Water Management Permit currently in the name of Collier County in order to construct Whippoorwill Lane. Once the Collier County Board of County Commissioners conditionally accepts what Collier County staff has determined to be 100% of the right of way needed for the construction and acceptance of the road, the Hold Harmless and Indemnification Agreement and Escrow Agreement will be simultaneously presented to the Collier County Board of County Commissioners on today's agenda for 'approval. If the property is not released from all liens and encumbrances within sixty (60) days, from the day of conditional approval by the County; the acceptance will terminate and PuRe and PR IV shall be responsible for ali costs associated with the deletion of the County from any recorded documents. Second: Secure the Collier County Board of County Commissioners approval of a Hold Harmless and Indemnification Agreement and Escrow Agreement with Orion Bank between Collier County and the purchaser of land along Whippoorwill Land, Pulte Home Corporation and the seller of the land, PR IV, LLC. Recently, through formal action of the Collier County Board of County Commissioners on February 11, 2003, Collier County delayed acceptance of these easements. The Collier County Board of County Commissioners also repealed Resolution No's. 2000- 147, 2000-166, 2000-414, 2000- 422, and 2001-246 pertaining to the involvement of the County in the construction of Whippoorwill Lane. The Board denied acceptance of any easements for Whippoorwill Lane until completion of the construction and acceptance of the road. At the February 11'h meeting the Board also stated that all permits must be applied for, issued and executed in the name of the developer[s], not the County ................. OR: 3307 PG: 1858 z ..... ~*".' ~'.',,~;~: ~' ".~ ....... ~' ' , ~ ' ," ',' ~ '" ' '? · ' ' I ~' %~ '~ ' " " ' ' ~ ' ~ ~::..'.:?~:: ~;j~.. j"~. Board fu.h~r instructed ,staff ,,that~ an aoo~ptabl~ hold ha~l~ss and ' ~;~¢':~.~.. ;~,~.i~nification:;a~e~ent must be dmaed ..' and ( entered into ;by the prope.y, o~e~,'. ,. ~'~ ~ ~??~}~mteeting'~e C°un~ or a liabili~ insumee;policY, riming the County as an additional ~..~ '~ ' .:.+,~. However, after'recent fu~h~ meetings w~th ag~ts of the ~lte Home Co~omt~on .," and the seller, PR IV,. LLC, County staff agreed to recommend to the Collier County :.::', '.~,Board of County Commissioners that:, i:::' ', , , ' :' ' '~i'i~::..~3~<~ ..... .:7.~1. .Since the Pulte Home 'CorpOration'and PR W.'LLC have been able to ii(.:"~i~.'~'~:'~ifully acquire 100% of the land needed'for construction of the roadway along 7F~,,,~ .,. . , . ..~, ?.: ~,~,.Whippoorwill Lane, (as determined by County staf0; then .,.. ' ":' ~"'i;¢ii:'i'.~*.)..:,:. 2..' County staff is recommending to the Collier County. Board of County · '" ":: ~2°~missioners that the Board allow the Pulte Home Corporation or PR IV to utilize the South.Florida Water Management Permit currently issued in the name of Collier County '~'.""" f6i'th~ construction of the roadway, solely at their expense; and. ":;!~? ;72 '.!3. · The Pulte Home Corporation ' and PR IV, LLCi"will indemnify and hold .~::' h~l~ss the (~Ounty from any and all claims and liability of anY kind resulting from the "acquisition of:the land and the construction, attempted construction, or failure to · '- construct the roadway along Whippoorwill Lane. ..... 4. In the event the purchase and sale of the Whippoorwill Woods Property to .Pulte is not completed by April 30, 2002, PR IV will be responsible for the Hold Harmless and Indemnification provisions. Additionally, PR IV will post a :i?.$1,000,000.00 Letter of credit to guarantee the indemnification provisions under the · ~. Agreement. cONSIDERATIONS: First: The property owners along Whippoorwill Lane entered into an agreement concerning the construction of the Whippoorwill Lane roadway. Collier County is not a party to this agreement. In an effort by the Developers to expedite the process, easements from most of the property owners were secured in the name of Collier County and recorded in the public records. Collier County staff did not participate in, nor authorize the acquisition of these easements. The easements and deeds and all needed title information from the landowners and their representatives, have been reviewed for legal sufficiency by Collier County staff. Collier County will not participate in any costs related to the construction of this road. The pm'eels acquired by the developers to be~ accepted, by the County are identified in Composite Exhibit "A" to this Executive Summary. Second: The Whippoorwill roadway project is located on the south side of Pine Ridge Road, approximately 'A mile west of 1-75; and consists of the paving along Whippoorwill Lane and Nighthawk Drive, reconstructing roadway swales as well as installing drainage structures and pipes. The work along Whippoorwill Lane begins approximately 750 ft. south of Pine Ridge road and ends in a cul:de-sae just south of the entrance to the Whippoorwill Woods development. The end of the road does not cross the Kegsington ' ' / OR: 1859 . /~:~. ' %~,~'.~ '.a6al oi'th6 regional flow way wh]ch'~t ]nds ~m the ~ sechon ofland on the west side ~-,~ :;~ ',?:'0f ther0ad across ~innoO~ill,W°°ds~,to the 1-75 ~ght-of-way and the D-2 Canal.. ~', .,: ~f~ d :~e South Florida Water Manag~ment,D,s~ct pe~,t~ h~ been issued ,n the name of the :~- c,~";:~Coua~; ~.~e CounW has mt$~ed t~e Sout~Ionda Water M~agemeat D,s~ct that ,f~ ~ ,;~p~r~ ~e~{~ 1.1-02182-P' to be ~n ~e n~e:6~Pulte or another pmpe~y o~er[s] al ong~ -..~ .;~::.,... , ., , '~ . .. ...... ,'~.' . .... .., .. .~ ~,-~,~,'~,~ -..,.~..,. ~ ', · ~,.. , , . ..., ,.,~. ~.,~ . ..~. , . ., . ', ?¢~'- '~*':".../:~; Colh~'eounty, lhmu~ thru a~eem~t, intends to ensu~ that I~ ]s adequately ~ '~' ;'~:~' '~?/;~Pmtected,~ ind'~nified and .held ha~lesS ~m the use of the South Florida Water ."~;' '~2~ ' ?~M~ag~ent District Pe~itNo: 11-02182-P, isled in the n~e of Collier Counw, by }? '~; ?~"F~Ite ~d'PR ~, LLC, jointly and severally, ~d for Pulte's cons~etion of the roadway" ,~!.'~'~,~.!:i~il for any claims resulting from the acquisition ofthe right ofway for the road,' .f,~?.Z~,. "~Under the agreement, Colher County ~s only allowing th~ us~ of the above- :f;'.~re~ed pemit on lh~ condition that Pult~ and ~R ~, LLC shall have ~I! responsibility. :f6~ adh~ng to any and all pe~it conditions, in lieu orthe County, including.r~stomtion .~.Of~ny protected areas and resolving any issues p~aining to th~ real propeRy involved in .' the cons~ction of the roadwhy, including'r~moval of any hazardous substances and any ~n~ironmental mitigation that may be required: ,"'. ~ '.:'~e prope~y o~e~: along, .~ippoo~ill Lane entered into an a~eement p~aining to the private cons~ction of this'roadway. Collier County is not a pa~y to this a~eement. In an error by the Developers to expedite the process, ce~ain e~ements from most of the prope~y o~e~ were secured in the name of Collier CounW and recordedjn the public records of Collier County. Collier County staff did not p~icipate in, nor ~uthofize the receipt of these easements. The recorded documents ~e being reviewed for legal sufficiency, land area, and clear title. Collier County staffbegan this process on or about Janua~ 24, 2003. Once reviewed and found acceptable, Collier County staffhas agreed to present the acquired fights-of-way to the Collier County Board of County Commissioners for acceptance, conditioned upon adherence to the ~d~nification A~eement. In order to protect Collier County from potential liability, it is recommended that the indemnification agreement be approved prior to any cons~ction occu~ng and simultaneously with the acceptance of the easements for lhe roadway. The record needs to reflect that Collier County does not accept any responsibility for the cons~ction or the completion of construction of this roadway. If the Pulte Home Co~o~tion fails to .complete the road, it shall be the responsibili~ of the Pulte Home Co~o~fion ~d PR ~, LLC to ~mm all easements to the prope~ o~e~ and be~ all expenses for the completion of the road. A cash sum of $100,000.00 will be deposited into ~ escrow account for the immediate use of the County in the event of ~y claim. ~is cash ~ount is in addition to the insu~nce policy and pe~onal liability of the paris. FISCAL IMPACT: There is no fiscal impact. GROWTIt MANAGEMENT IMPACT: .There is no growth management impact. OR: 3307 PG: 1860 10G RECOMMENDATION: That the Board of County Commissioners: Conditionally accept the easements and deeds along Whippoorwill Lane without acceptance of any obligation to construct lhe roadway and with knowledge and anticipation of entry into a Hold Harmless and Indemnification Agreement immediately following this acceptance from Pulte Home Construction, Inc. and PR IV LLC. Approve the attached hold harmless and indemnification agreement, and the escrow agreement. J,~qu[elin~ Hu~01Jard Robinson . ,~ssistant county Attorney Date: Reviesved by: David C~. igelr, Co)mty Attorney Approved by: Normah/PedeF, Tr~.nsportation Administrator / Date: Date: AGE~.~DA iT£M ~ ~.,o.__./~_~. o~- APR4- 8 ,,ar 3, 2UU~t ,b:0~: 3307'~: 1861 10G P.43~,CEL$/~2.3, 4 and 5 Easement Area granted by Parcel 2 Owner: The East 40 feet of the N ½ of thc SE 1/4 of the SW 1/4 of Section 18; Township 49 Soulh, Range 26 East, Collier County, Florida, containing 26,405 square feet moro or less. Easement Area grnnted by Parcel 3 Owner: The East 40 f~et ortho F~ ½ of the SE 1/4 ortho lq~ 1/4 of the SW 1/4 of Section 15, . To~v~ ship 49 South, Range 26 East, Collier Counly, Florida, c6ntaining 26,408 square feet more or less. E~sement Area granted by Parcel 4 Owner: 'l%e East 40 feet and the West i5 feet ofthe East 55 feet of the North 62.41 feet of the N NB 1/14 of the SW 1/4 of Section 18, Township 49 South, Range26 Bast, Collier County, Florida, con~xining 27,344 square feet mort Or Easement Area Gx-anted by Parcel 5 Owner: The East 40 feet and the Wekt 15 feet of the East 55 feet ortho Somh 317.59 feet of tho · S 'A of the SE 1/a of the I~RV 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 31,172 squa~, e feet more or less. PARCEL # 6 Easement Area Granted by Parcel 6 Owner: The East 30 fe~t of the South ½ of the South ½ of the Nortt[ ½ of tho SE 1/4 bfthei ~ 1/4 of Section 18, Township 49 South, Kange 26 East, Collier County, Florida, containing 1,800 squaro feet more or less. Easement Area Granted.by Parcel 7 Owner: Tho Bast 30 feet of tho South 'A of the South ½ of the No. rth ~oftho SE 1/4 of tho NW 1/4 of Section 18, 'i'ownship 49 South, Range 26 Ea.~, Collier Couuty,'Florid~ con~gng 3,I51' S~ feet moro or loss. ' · , ' OR: 3307 PGe 1862 }1ar 31 20D3 16:20 P.(]3 10G E-~emcnt Area grmnted by Parcel 8 Owner: The East 30 feet or,he North ½'of the South !4 of~e N6.rth ½ of the SW 1/4 of the 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 4,952.00 sq~re feet more or less. PP. RCELS ~ and l0 Easement Area granted by Parcel 9. Owner:. The ~ 30 feet of the South ½ of thc North ½ of the N. orth ~ of the S13 174 of the NW 1/4 of Section l 8, Township 49 South, Range 26 East, Collier County, Florida. · Easement Area granted by Parcel 10 Owner:. The F_~ 30 feet of'he North Half(½) ofthe No,ih Half'(½) of the North Half(½') of the Southeas! (1/4) of the Northwest Quarter (1/4) and the Wes! 10 feet of the ]~ast 50 feet of thc South 60 .feet of the East Half(½) of'he Northeast Quarter (1/4) of the Northivcst Quarter (1/4) Section 18, Township 49 South, Range 26 East, Collier County, Florida, containing 6,751 square feet more or less, Easement Area granted by Parcel 11 Owner: The East 30 feet Df the eaSt half (~) of the east half (½) of the northeast quarter (%) of the northwest quarter (%) of Section 18, Township 49 Sot{th, Range 26 East, Collier County, Florida; less thc soulh 60 feet per Official Records Book 1559, Page 14 and l~s the north 150' for the Pine Ridge Road fight-of-way, and less that portion of the east 40 feet as described in that certain Order of Taking per official Re.cord Book 2660 at paBes 33?$ through 33~3, containing IB,413 square fe.~, more or less. ' PARCEL #!2_ Easement Area grmnted I~ Parcel 12 Owner:. The West 40 fe~t of the Soufll ½ of the NW 1/4 of the NE 1/4 of Section 18, Township 49 South, Range 26 East. Collier County, Florida, c~mtnining 26,419 square fe~ more or less. · Area granted by Parcel 13 Owner by Special Warranty Deed:. .. The Wcst 40 f=et of the SW 1/4 of therE 1/4 of Se~. 'on 18, Townshil5 49 Soutk, 26 East, Collier County, Florida, 52,816 squarc feet more or less. : Mar 31 2UU3 1E:2U P. U4 OR: 3307 PG: 1863 p,A~R~CEL #]4 and 1~ Easement ~rea gr~nted by Parcel 14 Owner: · The West 40 feet ofthe West 50 feet the NW 1/4 of the 1N'AV 1/4 of'the SE 1/4 and the NW 1/4 oftheNE 1/4 of the NW 1/4 of thc SE 1/4 of Section 18, Township 49 South, l~ange 26 East, Collier County, Florida, containing 26,408 square feet morc'or less. lOG. EasemeutArea granted by Parc~lSOwuer: The West 40 feet of the Norti~ ½ of the South ½ of the HW 1/4 or'he SE 1/4 of Section 18, Township 49 South, Range 26 F_~st, Collier County, Florida, containing 13,204 'square feet more 'or less. · PARCEL #16 Easement Area granted by Parcel 16 Owner: The West30 feet of the South ¼ of the South ½ of the lffW 1/4 0fthe SE 1/4 of Section 18, Township 49 South, Rlmge 26 East, Collier County, Florida, containing 9,903 square feet more or less. PARCEL #17 and 1~ Esmement Area granted by Parcel 17 Owner: Th: West 40 feet of the North ½ of the SW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 2[5 East, Collier County, Florida, containing 26,408 ~iquare feet more or less. Easement Area grunted by Parcel 18 Owner: The West 40 fe~t of the South ½ of the SW 1/4 of the SE 1/4 of Section 18, Township 49 South, Range 26 Ea~ Collier County, Florida, containing 26,408 square feet more Or less. OR:i 3307 PG: 1864 /~1.~ ~ ~ / /~,_11i'. ~ / ,-.'7' ,,,.~,~,~ s i I OR: 3307 PG: 1865 Exhibit "E" Form o f Escrow Agreement OR: 3307 PG: 1866 ESCROW AGREEMENT THIS AGREEMENT entered into this ~,rl,.~ day of I"~,, IV, LLC, an Indiana limited liability company (hereinafter "Develope~ ), COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Board") and Orion Bank (hereinafter "Bank"). , 2003, by PR THE BOARD OF (hereinafter "the RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, entered into the Whippoorwill Lane Hold Harmless and Indemnification Agreement ("Indemnification Agreement") with the Board for the construction of Whippoorwill Lane, (a copy if this Agreement is attached hereto as Exhibit "A" to this Escrow Agreement). B. Developer and the Board have acknowledged that the amount Developer is required to deposit the sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) with the Bank pursuant to the terms of the Indemnification Agreement. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, Board and the Bank do hereby covenant and agree as follows: 1. Developer will cause Whippoorwill Lane to be constructed pursuant to the terms set forth in the Indemnification Agreement approved by the County and attached hereto as Exhibit "A" and incorporated herein by reference. 2. Developer hereby deposits with Bank ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) in escrow in accordance with the terms of this Agreement. 3. Bank agrees to hold in escrow ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) to be disbursed only in accordance with the terms and conditions of this Agreement. 4. The escrowed funds will be released to the Developer only upon written approval of the Collier County Transportation Administrator who shall approve the release of funds on deposit upon the earlier to occur of: (1) the County's acceptance of Whippoorwill Lane; (2) the County's refusal to accept Whippoorwill Lane; or (3) expiration of the Indemnification Agreement. However, in the event Developer shall fail to comply with any of the requirements of the Indemnification Agreement, then the Bank agrees to pay to Collier County immediately upon demand, all funds then held in escrow by the Bank, as of the date of such demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Bank in exchange for such funds, a statement by the Collier County Transportation Administrator to the effect that: (a) Developer, for more than thirty (30) days after written notification of such failure, has failed to comply with the requirements of the Indemnification Agreement, and (b) the escrow funds drawn down by the County shall be used to defend against and/or pay any claims or demands made against the County pertaining to the construction of Whippoorwill Lane; OR: 3307 PG: 1867 and (c) the County will promptly repay to the Bank any portion of the funds drawn down and not expended to defend against and/or pay any claim or demand made against the County pertaining to the construction of Whippoorwill Lane, as identified in Exhibit "A". 5. Written notice to the Bank by Collier County specifying what amounts are to be paid to the Developer shall constitute authorization by Collier County to the Bank for the release of the any remaining escrowed funds to the Developer. Payment by the Bank to the Developer of the amounts specified in a letter of authorization by Collier County to the Bank shall constitute a release by the County and Developer of the Bank for the funds disbursed in accordance with the letter of authorization from Collier County. 6. Compliance with the Indemnification Agreement shall considered complete upon the earlier to occur: (1) acceptance of Whippoorwill Lane by the County; (2) County refusal to accept Whippoorwill Lane or (3) expiration of the Indemnification Agreement. 7. Should the funds held in escrow be insufficient to satisfy the Developer's obligations under the Indemnification Agreement, the Board, after duly considering the public interest, may at its option resort to any and all legal remedies against the Developer. 8. Northing in this Agreement shall make the Bank liable for any funds other than those delivered to Bank for deposit under the terms of this Escrow Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this zrl4(a day of ,2003. Signed, sealed and delivered in the presence of: Printed ,N. arpg: A//Co/.,e' ~r;~,~e. Printed Name: PR IV, LLC, an Indiana limited liability co~~~y 2 ORLON BANK OR: 3307 PG: 1868 106 Printed Name: ,! Patrick K. Miller Senior Vice President ATTEST: DWI G H~.~,~¥~I~ .~..~. '.~'~rLER Dep~ Cl~rk :.~tt~ ~ ~ ApproVals to fo~d" legal ~u~iciency: ~cqu~ine Hubbard Robinson ~sistant County Attorney BOARD OF COUNTY COMMISSIONERS By' · Tom-H~'nning, (~airman COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2002 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS JAMES N. COLETTA, Jr., CHAIRMAN THOMAS K. HENNING, VICE-CHAIRMAN JAMES D. CARTER, Ph.D. COUNTY MANAGER JAMES V. MUDD DONNA L. FIALA FRED W. COYLE CLERK OF THE CIRCUIT COURT AND CHIEF FINANCIAL OFFICER DWIGHT E. BROCK DIRECTOR OF FINANCE AND ACCOUNTING JAMES L. MITCHELL, CIA, CFE, CBA Prepared by the Finance and Accounting Department COUNTY ATTORNEY DAVID C. WEIGEL EXTERNAL AUDITORS KPMG LLP THIS PAGE INTENTIONALLY LEFT BLANK Z o o ;I Z ._8 o ~' =~o COLLIER COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 2002 TABLE OF CONTENTS ]NTR ODI JCTORY SF, CTION Page Transmittal Letter ................................................................................................................................................................................................... i Certificate of Achievement ................................................................................................................................................................................. xvi FINANCIAI, ,~ECTION Independent Auditors' Report ............................................................................................................................................................................... 1 Management's Discussion and Analysis ............................................................................................................................................................... 3 BASIC FINANCIAL STATEMENTS: Statement of Net Assets ....................................................................................................................................................................................... 13 Statement of Activities ......................................................................................................................................................................................... 15 Balance Sheet - Governmental Funds ................................................................................................................................................................ 17 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets .......................................................................... 18 Statement of Revenues, Expenditures and Changes in Fund Balances -Govemmental Funds ........................................................... ..............19 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities .................................................................................................................................................................. 20 General Fund - Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ........................................................................................................................................................................................... 21 Unincorporated Areas Fund - Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual .......................................................................................................................................................................................................... 23 Statement of Net Assets - Proprietary Funds ...................................................................................................................................................... 24 Statement of Revenues, Expenses and Changes in Fund Net Assets - Proprietary Funds ................................................................................. 26 Statement of Cash Flows - Proprietary Funds ..................................................................................................................................................... 27 Statement of Fiduciary Net Assets - Fiduciary Funds ......................................................................................................................................... 29 Notes to the Basic Financial Statements .............................................................................................................................................................. 30 COMBINING AND INDIVDUAL FUND SECTION: Nnnm~nr Gnvernmental Fnndq Combining Balance Sheet ................................................................................................................................................................................... 63 Combining Statement of Revenues, Expenditures and Changes in Fund Balances ........................................................................................... 71 Nonm~or lqnterpri~e Fnnd~ Combining Statement of Net Assets ................................................................................................................................................................... 82 Combining Statement of Revenues, Expenses and Changes in Net Assets ....................................................................................................... 84 Combining Statement of Cash Flows ................................................................................................................................................................... 85 Internal .qervice Fund.q Combining Statement of Net Assets ................................................................................................................................................................... 88 Combining Statement of Revenues, Expenses and Change in Fund Net Assets ............................................................................................... 89 Combining Statement of Cash Flows .................................................................................................................................................................. 90 Fiduciary Fund~ Combining Balance Sheet ................................................................................................................................................................................... 94 Capital A.q.qetq u.qed in the Operation of Governmental Fnnd~ Schedule of Govemmental Activities Fixed Assets by Classification and Source ............................................................................................. 96 Schedule of Govemmental Activities Fixed Assets by Function and Classification .......................................................................................... 97 Schedule of Governmental Activities Fixed Assets by Function ........................................................................................................................ 98 COLLIER COUNTY, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 2002 TABLE OF CONTENTS - CONTINUED STATISTICAl. SEfTrTON (I INAI IDITED) General Govemmental Revenues by Source ...................................................................................................................................................... 100 General Governmental Expenditures by Function ........................................................................................................................................... 101 Property Tax Levies and Collections ................................................................................................................................................................ 102 Assessed and Estimated Actual Value of Taxable Property ................................................................................................... : ......................... 103 Property Tax Rates - All Direct and Overlapping Governments ........................................................................................... /[ ......................... 104 Special Assessment Billings and Collections ........................................................................................................................................ ~ .......... 105 Computation of Legal Debt Margin .................................................................................................................................................................. 106 Computation of Direct and Overlapping Debt .................................................................................................................................................. 106 Ratio of Net General Bonded Debt to Assessed Values and Net Bonded Debt Per Capita ....................................................................................................................................................... 107 Ratio of Annual Debt Service Expenditures for General Bonded Debt to Total General Govemmental Expenditures ............................................................................................................ 108 Schedule of Water and Sewer Funds Revenue Bond Coverage ....................................................................................................................... 109 Salaries and Surety Bonds of Principal Officials .............................................................................................................................................. 1 I0 Demographic Statistics ...................................................................................................................................................................................... 111 Property Value, Construction and Bank Deposits ............................................................................................................................................ 112 Principal Taxpayers County Wide .................................................................................................................................................................... 113 Miscellaneous Statistical Data .......................................................................................................................................................................... 114 Major Industries Within Collier County ........................................................................................................................................................... 115 Schedule of Insurance In Force ......................................................................................................................................................................... 116 SINCtI,E Al IDIT/SCIqEDI TI,E OF STATE FINANCIAl, ASSISTANCE Independent Auditors' Report on Compliance and on Internal Control Over Financial Repotting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ............................................. 119 Independent Auditors' Report on Compliance and Intemal Control Over Compliance Applicable to Each Major Federal Program and State Project .......................................................................................................................................... 121 Schedule of Expenditures of Federal Awards and State Projects ...................................................................................................................... 125 Notes to the Schedule of Expenditures of Federal Awards and State Projects ................................................................................................. 130 Schedule of Findings and Questioned Costs ..................................................................................................................................................... 131 Status of Prior Year Findings ............................................................................................................................................................................. 135 THIS PAGE INTENTIONALLY LEFT BLANK Dwight E. Brock Clerk of Courts May 27, 2003 . °Ufi -OT C !lier CLERK OF RC IT COURT COLLIER COUNTY ~OURT a~.?USE 3301 TAMIAMI TRAIL E~T , P.O. BOX 4~044 NAPLES, FLORIDX'~,(, 101-3(~4 Clerk of Courts Accountant Auditor Custodian of County Funds To the Citizens, and Members of the Board of County Commissioners, County of Collier, Florida It is with extreme pleasure that we present to you, the citizens of Collier County, the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2002. This report was prepared in accordance with generally accepted accounting principles by the Finance and Accounting Department of the Clerk of the Circuit Court. Responsibility for the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with the Clerk of the Circuit Court as the Chief Financial Officer of Collier County. The Clerk of the Circuit Court, through the Finance and Accounting Department, is responsible for establishing and maintaining internal controls to provide reasonable, but not absolute, assurance regarding the safeguarding of assets against loss fi:om unauthorized use or disposition, the reliability of financial records for preparing financial statements, and maintaining accountability of assets. The concept of reasonable assurance recognizes the cost of a control should not exceed the benefits likely to be derived, and the evaluation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. We believe that the County's internal controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. We believe the data, as presented, is accurate in all material respects, that it is prepared in a manner designed to fairly set forth the financial position and results of operations of the County as measured by the financial activity of its various funds, and that all disclosures necessary to enable the reader to gain the maximum understanding of the County's financial activity have been included. Chapter 11.45 of the Florida Statutes require an independent certified public accountant's financial audit of counties in the State. This requirement has been met for the fiscal year ended September 30, 2002 and the report of the independent auditor is included in the financial section of this report. In addition to meeting the requirements set forth in State statutes, the audit was also designed to meet the requirements of the Federal 1996 Single Audit Act Amendments and the related OMB Circular A-133. The Florida Single Audit is required by Florida Statute 215.97. Information relating to the Single Audits, including schedules of federal and state awards and independent auditors' report on internal control and compliance with requirements applicable to federal and state financial assistance, are included in the Federal and State Single Audit Section of this report. Phone- (239) 732-2646 Website- www.clerk.collier, fl.us Fax- (239) 775-2755 Email- collierclerk~clerk.collier.fl.us Collier County is a Non-Charter County established under the Constitution and the laws of the State of Florida. The Board of County Commissioners is the legislative body for Collier County and is made up of five residents elected by voters. In addition to the County Commissioners, voters elect five constitutional officers; Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector. Governmental accounting and auditing principles require that management provide a narrative introduction, overview and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to compliment MD&A and should be read in concert with it. Collier County's MD&A can be found immediately following the independent auditors' report. ECONOMIC CONDITION AND OUTLOOK Collier County, the state's largest county, with 2,026 square miles, is on the southwest coast of Florida, directly west of Miami. With a 2001 population of 251,377 (a 65 percent increase over the 1990 level), the County is considered to be the fastest growing county in the state. The County's economic base is concentrated in tourism and agriculture, fishing, ranching, and forestry with a growing services economy and an emerging high technology sector. Gulf of Mexico beaches and the Everglades National Park are important attractions to this area. The park comprises a substantial portion of the County. Taxable property market valuation for fiscal year 2003 totaled in excess of $39 billion, or a very high $157,135 per capita. Unemployment levels in recent years approximate, or are slightly below those of the state. As of June 2002, the unemployment rate stood at 4.2 percent. Income levels are high, with a per capita personal income of $44,862, which is the highest in Southwest Florida. The County's financial operations are well managed with recurring General Fund operating surpluses contributing to historically strong cash and general fund balance positions. This positive trend is expected to continue as the County maintains conservative budgeting practices and substantial operating flexibility relative to the 10-mill property tax rate operating limit. The County's millage for operations in fiscal year 2002 was at only 39 percent of the statutory limit. In summary, Collier County will continue to experience a healthy economic expansion despite a national slowdown in the tourism sector. Rapid residential and commercial development and an established tourism economy, with a significant number of second homes will continue to contribute to an extremely strong tax base growth that has averaged in excess of 13 percent annually for the last five years. While Collier County continues to attract affluent retirees, the growing services economy and an emerging high technology sector should continue to attract population growth and development throughout the County. MAJOR INITIATIVES During fiscal year 2002, the County continued its commitment to streamline operations to become more efficient while improving services to the community. The County's more significant accomplishments by the Board and each Constitutional Officer include: The Board of Count}, Commissioners The County Manager's Agency conducts business in accordance with the following Mission Statement: "To deliver to our residents and visitors local government services that expec.tations." EXCEED In keeping with that service commitment, the Board's most significant highlights, accomplishments, and initiatives are delineated below: Administrative Services Division Facilities Management · Building Management Section opened the new 38,000-square-foot Headquarters Library in North Naples that includes an indoor theater and garden courtyard. · Opened the 5,700-square-foot Golden Gate Sheriff's Substation next to the 7,200-square- foot Golden Gate Government Services Center, which opened in 2001 and provides services of the Tax Collector, Property Appraiser and Clerk of Courts. · Completed construction of the Immokalee Jail. Fleet Management · Completed 5,737 maintenance and repair work orders. Vehicle and equipment availability averaged 97.5 to 98%. · - Maintained county fuel systems with greater than 99% availability and no reportable spills. Dispensed more than 1 million gallons of fuel with sales to internal customers and outside agencies. · Completed specifications, purchase and processing of 112 new vehicles and 163 equipment items. · Completed for the Board of County Commissioners a fleet maintenance privatization study, a small-vehicle lease versus purchase study, and vehicle replacement study. · Auctioned 63 county vehicles and equipment items with proceeds totaling $220,000. · Completed a long-term master plan for county and sheriff maintenance facilities at County Barn site. Grants Coordination · Department was created in 2002 as a new initiative to reduce the cost of providing the public with services, facilities and infrastructure by maximizing the use of federal, state and local grants. · Assisted in five (5) grant awards totaling $250,000 for the Public Utilities Division and a grant of $18,000 for the Stormwater Section in the Transportation Division. · Received a Front Porch Community designation for an area of Immokalee, which is now entitled to additional funding from the State of Florida. Human Resources · Finalized results of a Human Resources survey and audit aimed at addressing employee needs. · Introduced an automated information system that has replaced paper-intensive processes. · Designated a "Family Friendly Business" by the Naples Alliance for Children. Information Technology · Introduced a new Electronic Document Management System to expedite responses to public information requests while saving money used for document storage space. iii · Implemented a Wireless Inspection System that provides county building inspectors with their routes and allows them to update inspection information without traveling to the office. Improved the Collier County government Web site based on public input and provided more services online. · Increased network performance to accommodate the new Geographic Information · System (GIS) and extended networks to reach'off-campus facilities. · Increased Intemet connection capacity. Public Information · Moved from Administrative Services Division to County Manager's Office and changed name to Communication and Customer Relations Department in the fourth quarter of 2002. · Coordinated production of additional television programs for broadcast on Collier County government television, Channel 11/16, with Florida Gulf Coast University. · Began broadcasting the Florida Channel on CCTV Channel 11/16. · Added "Good Morning Collier County" to programming schedule. Purchasing · Issued invitations, managed bidding period and opened bids for three road-widening projects: Livingston, Goodlette-Frank and Immokalee roads. · Negotiated contracts that resulted in total savings of $422,125. · Established a central mail receiving facility to better manage risk and limit service interruptions in the event of mail tampering threats. · Facilitated implementation of, and coordinated staff training for, the new Systems Application Project (SAP), which is scheduled to "go live" by the beginning of 2003. Risk Management · Instituted a Subrogation Recovery Program to pursue and collect monies owed the county due to damages to county property or injuries to employees caused by third parties. Collected $52,350 in FY 02. · Conducted 309 pre-employment physicals at the in-house clinic at a savings of $11,358. · Reduced hiring process by one (1) day, resulting in savings of $47,277 based on the average salary cost of $153 per employee per day. · Handled 48 Workers Compensation cases in house out of a total of 176 claims, resulting in savings estimated at $11,047. · Offered through the Safety Section a series of better back classes and back injuries decreased from 72 to 27, representing a 62% reduction. The average cost of a back injury in FY 01 was $5,775. Estimated savings of the program: $259,875. Community Development and Environmental Services Division Building Review and Permitting · Completed implementation of a new Florida Building Code that became effective March 1, 2002. Since then, there have been two large peaks in permit submittal resulting from implementation of the new code and an increase in water and sewer impact fees. · Issued more than 27,400 permits. · Conducted more than 162,400 inspections. CDES Operations · Completed digital conversion of all site development plans and permits since 1996, master building plans from 1994 to 1997, and variances from 1974 to 1999. · Continued finalization of a partnership between AOL/TimeWarner, the Collier County School Board and Collier County government to construct fiber optic cable from Naples iv to Immokalee, which will provide access to Collier County govemment's television channel. Hired a tourism professional to manage new Tourism Department and a $1.4 million advertising/promotion effort, and to provide administrative support to the Tourist Development Council (TDC). Code Enforcement Conducted 39,603 site visits, which resulted in 26,010 enforcement cases. · Changed rental registration program to facilitate registration. Collected $36,500 for rentals. Engineering Services · Created as a separate department in 2002. · Reviewed and approved construction documents and plats for 75 subdivisions. · Reviewed site development/improvement plans for 200 projects. · Conducted more than 24,000 inspections for residential homes and site development plans. Financial Administration and Housing · Created new department by combining functions of the former Housing and Urban Improvement Department and the division's financial administration and budgeting responsibilities. · Assisted nine (9) firms, in cooperation with the Collier County Economic Development Council (EDC), through the Expedited Permitting Program, creating 98 new jobs with a direct economic impact of $27.7 million. · Fast-tracked six (6) workforce housing developments through the planning approval process, which will result in more than 1,700 new affordable units. · Provided direct assistance to 690 homeowners through the State Housing Initiatives Partnership (SHIP) Program in loans totaling more than $3.5 million. · Administered a $300,000 DCA Urban Infill Grant for the Immokalee community. Used funds to purchase land that will become the Eagle Ridge subdivision, a community of 30 affordably priced single-family homes in southeast In~mokalee. · Ended Community Development Block Grant (CDBG) Program year on June 30, 2002 with total availability of $2,087,000. Disbursed $1,337,113 and encumbered the entire balance of $749,887. Natural Resources · Conducted underwater monitoring dives at 12 artificial reef sites. Trained 14 volunteer divers for the Collier County Reef Research Team to assist in reef monitoring program. · Removed 18 derelict vessels, replaced navigational lights on the Goodland Bridge and installed navigational signs to mark a new channel in Addison Bay. · Monitored 23.7 miles of beaches in Collier County daily during the sea turtle nesting season with monitors logging a total of 3,500 miles. Rescued six (6) live stranded sea turtles and released four (4) turtles back into the wild following rehabilitation in the Sea Turtle Program. Responded to 28 of 34 sea turtle strandings. · Assumed environmental review responsibilities and became the Environmental Services Department in October 2002. · Received a $5,000 Fish and Wildlife Commission grant for sea turtle public awareness. Planning Services · Added the Community Redevelopment Section toward the end of 2002 to work on community plans and create a guide for growth and enhance the quality and character of neighborhoods. Analyzed and reviewed (Comprehensive Planning Section) petitions for the creation of two (2) community development districts. Prepared and coordinated (Comprehensive Planning Section) the transmittal and final adoption of the Rural Fringe and Rural Eastern Lands Assessment Area amendments. Coordinated (Current Planning Section) more than 100 amendments to the Land Development Code (LDC). Conducted (Current Planning Section) more than six (6) workshops with the Board of County Commissioners regarding the LDC amendments, architectural standards, landscaping standards, the Planned Unit Development (PUD) process, and the Community Character Plan. Emergency Services Division Emergency Management · Distributed brush-fire brochures, the annual "All Hazards Guide," and "Home Protection Guide" to county residents and visitors. · Provided 119 disaster preparedness programs throughout the community. · Assisted in training an additional 10 Community Emergency Response Teams (CERT) throughout the county. · Planned/prepared to combat domestic terrorism. · Emergency Services Division was eliminated in October 2002 and Emergency Management Department was moved under the County Manager's Office. Emergency Medical Services (EMS) · Expanded Automatic External Defibrillator (AED) Program to include more than 300 AED's at '176 locations throughout the county and more than 4,200 citizens trained to use them. · Worked on completion of an EMS wireless network using existing towers to transmit critical data to EMS stations and local hospitals. · Emergency Services Division was eliminated in October 2002 and the EMS Department was moved under the Public Services Division. Helicopter Operations · Responded to more than 850 medical calls for services and approaching 15,000 total flights since Med Flight program began. · Received the coveted Helicopter Association International Flying Safety Award for the second consecutive year. · Emergency Services Division was eliminated in October 2002 and Helicopter Operations was moved as part of EMS under the Public Services Division. Isles of Capri Fire Control District · Responded to more than 400 calls, half of which were emergency medical related and marine rescues. · Purchased a primary response engine. · Continued to maintain the only Advanced Life Support/Fire Rescue Boat in Collier County. · Emergency Services Division was eliminated in October 2002 and department was moved as part of Emergency Management under the County Manager' s Office. Medical Examiner · Investigated 1,940 deaths. · Continued to provide training to law enforcement, nursing, pastoral agencies and area high schools to those interested in medicine. vi · Developed a statewide Web site to assist other Florida Medical Examiner offices in providing information to families searching for loved ones. · Entered into a contract to provide on-site death investigation instruction at Florida Gulf Coast University. · Emergency Services Division was eliminated in October 2002 and department was moved as part of Emergency Management under the County Manager's Office. Ochopee Fire Control District · Responded to more than 600 calls for assistance, including 466 vehicle accidents and medical emergencies, and 71 brush fires. · Completed renovations at Everglades City facility. · Emergency Services Division was eliminated in October 2002 and department was moved as part of Emergency Management under the County Manager's Office. Public Services Division Domestic Animal Services · Presented Outstanding Agency of the Year Award from the Florida Animal Control Association. · Found homes for 1,607 animals in 2002. · Responded to more than 12,214 calls ranging from animal cruelty investigations to dog bites to injured wildlife. · Processed 8,223 animals. · Continued administration of the county pet-licensing program, which includes 25,000 registered dogs and cats. Health Department · Recognized by the National Association of County and City Health Officials (NACCHO) for the community intervention program "Generation Excellence" in Immokalee as being the most outstanding and innovative program in the nation for confronting health disparities. · Increased WlC caseload 16%, which means 7,479 clients are being served monthly. · Provided 24,801 immunizations to 11,348 children. · Served 1,547 pregnant women and 603 infants through Healthy Start. · Provided 4,667 dental visits at the new dental clinic for uninsured/underinsured children. · Developed partnerships with local vision centers to provide affordable eye exams and glasses to more than 230 low-income, uninsured students. · Responded to 186 reported anthrax scares, 86 of which required laboratory follow-up to rule out anthrax. · Became the local contact and pickup service in the county for dead birds that were sent to state labs to be tested for West Nile Virus. Library · Opened the doors of the new Headquarters Library at 2385 Orange Blossom Drive on February 25, 2002. Held official grand opening and ribbon-cutting ceremonies on Friday, March 1 and 250 persons attended. · Registered 25,000 new library cardholders. · Presented more than 2,600 special programs with an attendance that exceeded 71,000. · Circulated about 2.5 million items. · Received a prestigious National Association of Counties (NACo) Award for its countywide adult literacy program. Museum · Welcomed more than 54,000 visitors from all 50 states and 48 foreign countries. vii · Visited by more than 15,000 students on classroom visits and school tours. · Benefited from more than 9,400 hours of service contributed by Friends of the Museum volunteers. · Granted an award of $92,000 from the Florida Department of State to assist in restoration and development of Roberts Ranch as a pioneer era ranching museum in Immokalee. · Registered about 400,000 online visitors. Parks and Recreation · Purchased the last piece of privately-owned property within the Barefoot Beach Preserve. · Acquired 120 acres for a future regional park in Golden Gate Estates. · Purchased neighborhood park properties for Isles of Capri and Naples Park. · Constructed a new concession and learning kiosk at Tigertail Beach on Marco Island. · Purchased a five-acre parcel allowing the preservation of community character in Goodland. · Painted a 180- by 400-foot American flag on the Vineyards Community Park soccer fields to commemorate the first anniversary of Sept. 11,2001. · Doubled the number of children served by the Special Populations Program. · Upgraded the facilities at two county public schools. Social Services · Provided assistance to 29,415 persons or referred them to the appropriate local, state or federal organization. · Received a $60,000 Community Development Block Grant (CDBG) to provide for prescription medications for needy individuals in the Immokalee area. · Provided essential social and health services to more than 900 seniors through the Services for Seniors Case Management Program. · Changed department name to Human Services in fourth quarter of 2002. University Extension Service · Dedicated the Color Garden and the 4H Children's Garden in the Horticulture Learning Center. · Formed a partnership between the Homebuyer's Program and the Empowerment Alliance of Southwest Florida to provide pre-qualification for homeownership opportunities in Immokalee and counseling to prepare families for homeownership. · Partnered with the Financial Administration and Housing Department to provide post- purchase homeownership education classes to all clients receiving county down payment and closing cost assistance. Veteran Services · Provided service to more than 2,400 veterans and their dependents. · Transported 669 veterans to VA medical appointments. Public Utilities Division Engineering Services · Continued work on 20-year master plans for the water supply, wastewater and reclaimed water infrastructure systems. · Proceeded with construction of the 16 million-gallon-per-day (MGD) expansion to the South County Water Reclamation Facility. · Continued construction of the South County Regional Water Treatment Plant, which when finished will raise capacity to 20 MGD. · Completed beach renourishment in the Park Shore section of Naples. VIII Operations · Collected about $70 million in user fees and charges for water and trash collection services. · Added 4,000 additional customers to the mandatory trash collection service customer count on county tax rolls in the tmincorporated areas of Collier County and on Marco Island. Total count: 80.000. · Received about 101,000 calls concerning assessments and the mandatory trash collection service programs. Resolved 97% of the issues within 24 hours, on the average. · Mailed more than 567,000 water and sewer bills to 49,000 customers who consumed more than 7.4 billion gallons of water. · Processed 63,900 bank drafts and transferred 6,000 accounts to new customers. · Added 3,800 new water, wastewater and effluent accounts. · Retrofitted 11,000 additional mechanical water meters with electronic reading devices. · Processed more than $873,000 in early payment of capital assessments and more than 25,000 real estate closing documents. Pollution Control and Prevention · Provided laboratory testing services to the Health Department to monitor 2,200 public swimming pools, 300 private wells and 14 beaches. · Performed 450 routine compliance, closure and installation inspections on all regulated storage tank facilities in the county to assure conformity with state and federal regulations. · Reviewed 50 site assessments, remedial action plans and engineering construction designs to clean up contaminated sites. · Inspected 700 businesses that are potential generators of hazardous waste and made them aware of acceptable management and disposal. Solid Waste · Weighed about 134,000 macks at the Naples Landfill scale house, averaging 432 daily. · Weighed about 14,000 tracks at the Immokalee Landfill scale house. · Served more than 30,000 customers at the expanded Naples and Marco Island Recycling Centers, which now accept household paint and electronics. · Expanded curbside recycling to include 21 items. Continued rise in county's recycling rate of more than 26%. · Began diverting construction and demolition debris from the Naples Landfill in October 2002, which will result in a 35% reduction in the waste stream. Wastewater · Treated 5.7 billion gallons of wastewater to drinking water standards. · Distributed 4.2 billion gallons of reclaimed water. · Processed more than 27,000 tons of wastewater biosolids. · Rated first in the State of Florida with an annual average of 11.5 MGD of reclaimed water delivered to 27 reuse sites. · Completed expansion of the North County Water Reclamation Facility, increasing the maximum monthly capacity to 17.55 MGD. · Proceeded with construction of the South County Water Reclamation Facility, which will increase capacity from 9.2 MGD to 16 MGD. · Maintained 662 pumping stations - 225 of which are controlled by telemetry - and 751 miles of mains. · Performed more than 28,000 water/wastewater line locations and more than 8,000 permit-required analyses. Water Provided more than 8.3 billion gallons of drinking water to more than 43,000 customers, averaging about 22.8 million gallons of drinking water treated daily. Added more than 20 miles of new water mains. Installed 2,923 new service connections and more than 1,600 backflow devices. Responded to 73 water main breaks and 172 water service leaks. Processed more than 28,000 chemical and bacteriological analyses. Transportation Services Division Alternative Transportation Modes · Created in October 2002 as a new department to encompass the public transit system, including Collier Area Transit (CAT), the Transportation Disadvantaged Program and Pathways (which coordinates the Bicycle and Pedestrian Program), and the Collier County Metropolitan Planning Organization (MPO). · Continued increase in CAT ridership with 376,070 riders from November 2001 through November 2002. · Erected four (4) bus shelters in Immokalee. Transportation Engineering and Construction Management · Completed construction of Livingston Road Phase II - Golden Gate Parkway to Pine Ridge Road - and opened it to traffic in December 2002. (All 12 miles of Livingston are planned for completion in early 2005.) · Completed Airport Road capital improvement project from Pine Ridge Road to Vanderbilt Beach Road. · Completed Golden Gate Boulevard capital improvement project from Collier Boulevard to Wilson Boulevard. · Completed Immokalee Road capital improvement project from 1-75 to Collier Boulevard. · Completed Radio Road/Davis Boulevard intersection realignment. · Completed construction of the 13th Street S.W. Bridge across the Golden Gate Main Canal. · Completed the clean out of the Gordon River channel. · Began construction of Livingston Road Phase IV (Immokalee Road to the Lee County line). · Began improvements to the Immokalee Road/I-75 interchange, including ramp widenings. · · Reorganized division to add a Right of Way Section and Stormwater Management Section. · Completed 60% ofa stormwater project designed to improve drainage at Wiggins Pass. Transportation Operations · Added a Right of Way Permitting Section to review, permit, monitor and inspect all work within the right of way of the county's major roadway network. · Constructed (Traffic Operations Section) six (6) new traffic signals, rebuilt two (2) signals, removed one (1) signal, and designed and constructed flashing beacons at four (4) locations. · Added (Traffic Operations Section) turn lanes on Vanderbilt Drive at Wiggins Pass Road. · Designed and completed (Design Operations Section) five (5) pathway improvement projects and improved sidewalks at the Bluebill Avenue Bridge and Donna Street. Designed and constructed (Design Operations Section) median modifications on Radio Road, Santa Barbara Boulevard and Airport Road. · Completed (Design Operations Section) four (4) intersection improvement projects, three (3) right-mm-lane improvement projects and five (5) culvert and drainage improvement projects. Transportation Planning · Continued work on corridor studies, growth management and MPO long-range transportation planning to address growth. · Secured $7.45 million in Transportation Outreach Program Grant funds for the Golden Gate overpass at Airport Road. Transportation Road Maintenance · Created as a new department from the Road and Bridge Section of the Transportation Operations Department. · Maintained more than 1,208 miles of county roadways. Sheri£t's Office Mission Statement: "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property, and constitutional guarantees of all persons. " The Sheriff's Office, under the direction of Sheriff Don Hunter, continues this mission of service to our ever-growing community. Deputies responded to over 350,000 calls for service, issued over 41,000 traffic and boating citations, and made over 17,000 arrests in 2002. In 2002, the Sheriff's Office reported the lowest crime rate in 31 years, a 6th straight year of decline in the crime rate (the valid relative comparison of community safety as adopted by the Florida Department of Law Enforcement). The Sheriff's Office application of Community Policing concepts and the use of COMSTAT to identify crime patterns and strategies have been successful in keeping the people of Collier County safe. The Sheriff's Office operates two jail facilities (774 beds), a juvenile D.R.I.L.L. (Discipline, Respect, Integrity, Learning, and Leadership) Academy, five substations and seven remote operational sites. In 2002, construction began on a new jail facility in Immokalee that upon completion in late 2002 will house 192 inmates. The Sheriff's Office has received agency State and National Accreditation. The agency Dispatch Center is accredited by the Academy of Emergency Medical Dispatchers, and the Naples Jail Center holds the Florida Corrections Accreditation Commission and accreditation for jail medical services. The Sheriff's Office has been successful in obtaining state and federal grants to support critical law enforcement programs. In 2002, the Office was partially funded by 29 grant programs with 86 positions through contracts and grant awards totaling over $5.3 million. The cost of law enforcement in Collier County remains low at a per capita cost of 63 cents per day. Supervisor o£ Elections The Collier County Supervisor of Elections, Jennifer Edwards, administers the Collier County voter registration database; qualifies candidates for offices; monitors financial reporting requirements of candidates for offices; and plans, coordinates and conducts elections within Collier County. Major accomplishments for 2002 included the implementation of a new voting system to meet the requirements of the Florida Election Reform Act of 2001. This xi implementation resulted in two successful mid-term elections. The state mandated Voter Education program was successfully launched with over 122,900 voters trained on the use of the new voting equipment. Redistricting was completed using the new Geographical Information System (GIS) resulting in new voter identification cards mailed to all registered voters. Significant voter services added to the Elections Website included an electronic Precinct Locator and local candidate profiles as well as access to candidate financial reports. In addition, the following items were processed: 20,461 absentee ballots mailed 4,195 in-office voters 12,707 new voter registration applications 164,613 voter registration cards issued 25,352 voter status changes including deceased, moved and inactive 36,600 demonstrations of new voting equipment 25,000 precinct changes Clerk of the Circuit Court Clerk of the Circuit Court, Dwight E. Brock continues to serve as a "Public Trustee" for the citizens of Collier County. The mission of the Clerk's office is to provide the most efficient service at the least possible cost. Listed below are several of the significant accomplishments of the Office during the 2000-2001 fiscal year. Continued to provide the checks and balances on taxpayer expenditure as provided by the Florida Statutes and Constitution Retumed to the Board of County Commissioners over $1.8 million dollars in unused fees and over $5.6 million dollars in interest earnings. Coordinated the implementation of Governmental Accounting Standards Board Statement No. 34, "Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments". Received, for the 16th consecutive year, the "Excellence in Financial Reporting Award" from the Government Finance Officers Association of the United States and Canada. Performed audits of the North County Water Reclamation Facility expansion, North County Regional Library construction contract, Fleet Management, and through an interlocal agreement the City of Naples Risk Management practices and procedures. Collected approximately $2.3 million in fines and costs through expanded collection efforts. The Collections Program has expanded and now includes felony fines and is working in concert with the Florida Department of Corrections to ensure that person who have been incarcerated also pay fines imposed by the Court. Implementation of a fully integrated financial software package, including: payroll, human resources, materials management, accounts payable and receivable, and fixed assets. Awarded the Family Friendly Workplace designation by the Naples Alliance for Children for the 3ra year. Provided major input in the restructuring of Resolution concerning the Pelican Bay Municipal Services Taxing and Benefit Unit. In the coming fiscal year the great majority of the office's energy and resources will be directed to fully implementing an integrated criminal information system and continuing the Clerk's commitment to safeguarding taxpayer assets. xii Property Appraiser During the 2002 fiscal year the Property Appraiser's office submitted an assessment roll to the Flor/da Department of Revenue with a total market value of over $49.6 billion and a taxable value nearly $39.5 billion. This was an increase of 18.25% in taxable value above 2001, including a new record of new construction over $2 billion. For 2002 our average market value of a single family home to increased to $341,045 from $287,412 in 2001. There has been an increase of 44.8% in market value of homes since 2000. In 2OO2; Our office released the subdivision / condominium selection layer of our Geographic Information System (GIS) on the web site at www.collierappraiser.com for the public to search and view property in Collier County; we upgraded to Arcview 3.2a in order to facilitate the mapping of growth in development of new subdivisions and nearly 200 parcel splits and combines requested by property owners in Golden Gate Estates alone; developed and tested a new appraisal tool using spreadsheets and the GIS system in- house for quicker land appraising and creating special aerial maps displaying property data; reviewed and notified approximately 1,500 property owners receiving a veterans disability exemption that they may qualify for the increase in the exemption from $500 to $5,000 offtheir taxable value; Sent out approximately 65,000 automatic homestead exemption renewal cards and continued taking the homestead exemption applications in remote locations. Adding to the convenient locations a Bank of America branch at the Pavilion Shopping Center in North Naples; revised the notice of proposed taxes form to add highlighting and a bar code to make the information easier for the tax payer to understand and our office to complete the printing and mailing to over 250,000 owners of property in Collier County; implemented a system for scanning approximately 18,000 tangible personal property tax returns filed by taxpayers, reducing paperwork and time spent processing the retum. In 2003, we will be moving to 3285 Tamiami Trail East located at the comer of Airport Road and the East trail. Tax Collector Fiscal year 2001-2002 saw a few changes in the operation of the Collier County Tax Collector's Office as the Tax Collector, Guy L. Carlton, continued his mission to provide outstanding customer service to the citizens of Collier County. In November 2001, the Tax Collector assumed the duties in Collier County that had been performed by the State of Florida Division of Driver Licenses. Now Employees of the Tax Collector handle all functions, including road tests and driver license issuance. The rented facility that housed this operation under the state was deemed inadequate. In an effort to provide more efficient service and easier access to the public, the Tax Collector oversaw the construction of a 7,200 square foot facility on Airport Road, which now houses the full-service driver license office. Certain driver license transactions can still be completed at the branch offices. xiii Beginning in March 2002, the Motor Vehicle Department in the Tax Collector's main office began issuing titles for vehicles "on the spot." For a nominal fee, customers can receive their titles immediately, rather than waiting two weeks or longer for the titles to be mailed from Tallahassee. A record number of 217,869 tax bills were mailed to Collier County property owners. This number will surely increase each year as this dynamic county continues to grow. As always, the Tax Collector will work to meet the challenge. CASH MANAGEMENT The Clerk of the Circuit Court strives to keep abreast of current trends in cash and investment management in order to achieve the goals set forth within the County's Investment Policy. The primary objective of this policy is the preservation of capital with significantly lower priority given to earnings. Idle cash balances are invested on a daily basis within the constraints imposed by the Florida Statutes and the County's Investment Policy. For purposes of maximizing interest earnings while not jeopardizing capital, cash balances of all funds are invested in the County-wide cash and investment pool. The County consistently invests the majority of its available cash. Note 2, within the notes to the general purpose financial statements, categorizes the County's investment portfolio by the levels of investment risk assumed by the County. As can be gleaned from the note, substantially all of the County's investments are insured, registered, or physically held in the County's name. The significance of this is that the County has prudently safeguarded its investments to mitigate potential losses, which could result upon the bankruptcy or failure of an investment house or broker. Since instituting a cash management program, Collier County has generated millions of dollars in interest income to help support the growth in our County. The weighted average interest rate yielded this year was 2.62 percent. However, it should be noted that $4,038,839 of the interest revenue reported for fiscal year 2002 was generated by marking the County's investment portfolio to its fair value as of September 30, 2002. This exercise is required by generally accepted accounting principles and driven by market factors, and as such may not be indicative of future performance. AWARDS GFOA Certificate of Achievement: The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to Collier County, Florida for its Comprehensive Annual Financial Report for the fiscal year ended September 30, 2001. The Certificate of Achievement is a prestigious national award, recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. xiv A Certificate of Achievement is valid for a period of one year only. Collier County has received this award for the past sixteen years, from fiscal year 1986 to 2001. We believe our current report also conforms to the Certificate of Achievement program requirements, and we are submitting it to the GFOA for consideration. Dist. inguished Budget Presentation Award: The Government Finance Officers Association of the United States and Canada presented an award for Distinguished Presentation to Collier County for its annual budget for the fiscal year beginning October 1, 2001. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. The Distinguished Budget Presentation Award is valid for a period of one year only. Collier County has received this award for the last fourteen consecutive years. A CKNO WLEDGEMENTS The preparation and publication of this Comprehensive Annual Financial Report represents a significant effort by the Finance and Accounting Department as well as numerous County personnel who contribute to its production. In particular we would like to express our appreciation to Kelly Jones, CGFO, Raymond Milum, Jr., Maryalice Bailey, Edith Manuel, CPA, Enas Khalil and Sandy Stewart, all Accountants, along with Constance Murray, CGFO, General Operations Manager, Shirley Van Vliet, Technical Assistant, Nancy Fragione, Betty Perez and Christine Horton, Financial Specialists, and all of the staff of the Finance and Accounting Department. Sincere appreciation is also expressed to KPMG LLP, the Board of County Commissioners, the Constitutional Officers, the County Manager, Division Administrators, and the Department Directors for their assistance throughout the year in matters pertaining to the financial affairs of the County. We hope you find this report informative, accurate, and easily readable. If you should have any questions related to this report or if additional information is desired, do not hesitate contacting Jim Mitchell, Director of Finance and Accounting, at (941) 774-8404. Respectfully, Clerk of the Circuit Court Chief Financial Officer ~ohnssen, CPA Deputy Clerk General Accounting Manager Ja"m(es~L. Mitchell, CIA, CFE, CBA Deputy Clerk Director of Finance and Accounting XV The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certifi of Achievement for Excellence in Financial Reporting to Collier County, Florida for its comprehensive annual financial report for the fiscal year ended September 30, 2001. This was the sixteenth consecutive year that the government has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. xvi Certificate of Achievement for Excellence in Financial Reporting Presented to Collier County, Florida For its Comprehensive Atmual Financial Report for the Fiscal Year Ended September 30, 2001 A Cert. tf~cnte of Achievement for Excellence in Firmncb. l Reporting is presented by the Government F/name Officers Association of U~e United States and Canada to government units and public employee retirement systems whoso comptehensiw annuaI financial reports (CAFRs) achieve the highest standards in government accountin§ and financial reporting. President Executive Director THIS PAGE INTENTIONALLY LEFT BLANK FINANCIAL SECTION THIS PAGE INTENTIONALLY LEFT BLANK P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of Collier County, Florida as of and for the year ended September 30, 2002, which collectively comprise the Collier County, Florida basic financial statements, as listed in the table of contents. These financial statements are the responsibility of Collier County, Florida's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Collier County, Florida, as of September 30, 2002, and the respective changes in financial position and the cash flows, where applicable, thereof and the respective budgetary comparison for the general fund and the unincorporated areas fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. As discussed in note 15 to the financial statements, Collier County, Florida has implemented a new financial reporting model as required by the provisions of GASB Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments; Statement No. 37, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments: Omnibus; an amendment to GASB Statements No. 21 and 34; and Statement No. 38, Certain Financial Statement Note Disclosures, and Interpretation No. 6, Recognition and Measurement of Certain Liabilities and Expenditures in Governmental Fund Financial Statements, effective October 1, 2001. In accordance with Government Auditing Standards, we have also issued a report dated March 1, 2003 on our consideration of Collier County, Florida's internal control over financial reporting and on our tests of KPMG LLP KPblG LLP a US I~mited liability partnersqlp, is a member of KPMG Internalional, a Swiss association its compliance with certain provisions of laws, regulations, contracts, and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. Management's Discussion and Analysis on pages 3 through 12 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise Collier County, Florida's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, and statistical tables as listed in the accompanying table of contents, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. March 1, 2003, except as to note 18, which is as of March 13, 2003 Management's Discussion and Analysis As Clerk of the Circuit Court and chief financial officer of Collier County, Florida I present the readers of the County's financial statements this narrative overview and analysis of the financial activities of Collier County for the fiscal year ended September 30, 2002. Readers are encouraged to consider the information presented in this narrative in conjunction with additional information offered in the letter of transmittal, found on pages i-xv of this report. Financial Highlights Collier County's assets exceeded its liabilities as of September 30, 2002 by $1,068,171,026. Of this amount, $265,939,737 represents unrestricted net assets and may be used to meet future obligations. The County's total net assets increased by $93,987,045 over fiscal year 2001, with $48,684,277 of the increase resulting from governmental activities and $45,302,768 resulting from business-type activities. As of September 30, 2002 Collier County's governmental fund financial statements showed combined ending fund balances of $148,231,814, an increase of $1,547,704 over the previous fiscal year. Of this amount, $113,705,168 remains in the various governmental funds of Collier County as unreserved. - The General Fund reported an unreserved fund balance of $27,811,666 at September 30, 2002; an increase of $9,881,189 over September 30, 2001. Total bonded debt and outstanding loans owed by Collier County increased by $22,799,387 during fiscal year 2002. General government debt in the amount of $47,430,000 was issued for the purposes of refinancing $14,515,000 of Local Government Pooled Commercial Paper, $2,836,000 on a line of credit and funding various construction projects in the amount of $29,136,200, as well as paying closing costs of $942,800. Overview of the Financial Statements This discussion and analysis is intended to function as an introduction and explanation of Collier County's basic financial statements, comprised of government-wide and fund financial statements, as well as notes to the financial statements. There is additional supplementary information following these financial statements that may be of interest to the reader. Government-Wide Financial Statements Government-wide financial statements are designed to provide the reader an overview of the financial position of the County and are similar to private sector financial statements. These statements are comprised of a Statement of Net Assets and a Statement of Activities and are found on pages 13 to 16 of this report. The Statement of Net Assets shows the financial position of Collier County as of September 30, 2002. The statement shows the County's assets less its liabilities, with the difference being reported as net assets. Changes in net assets are useful indicators of financial condition. The Statement of Activities follows the statement of net assets and reports the changes in net assets over the fiscal, period. All changes in net assets are reported as soon as the underlying events that gave rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenues and expenses are reported for some items, such as accounts receivable or accrued unused vacation and sick leave, that will manifest themselves in cash inflows and outflows, respectively, in future fiscal periods. These statements distinguish Collier County functions that are supported by taxes and intergovernmental revenues (governmental activities), from business-type activities, which are intended to have their costs primarily recovered through user fees and charges. Governmental activities reported in the financial statements are general government, public safety, physical environment, transportation, economic environment, human services and culture and recreation. Business- type activities in Collier County include water and sewer, solid waste collections, airport operations and emergency medical services. Fund Financial Statements A fund is a group of related accounts used to maintain control over resources that have been segregated to meet specific objectives. As dictated by generally accepted accounting principles, Collier County uses fund accounting to ensure and demonstrate compliance with financial legal requirements. The funds of the County can be divided into the following three categories: governmental, proprietary and fiduciary. Governmental funds - Governmental funds, presented on pages 17 to 23, account for substantially the same functions as governmental activities reported under the government-wide Statement of Net Assets and Statement of Activities. The difference is that the governmental fund financial statements focus on inflows and outflows of expendable resources, as well as balances of expendable resources available at the end of the fiscal year, on a near term basis. As such, these statements present a narrower view of financial condition, but are nonetheless useful in evaluating Collier County's near term financing requirements and available resources. Comparison between the two sets of financial statements allows the reader to better assess the future impact of the government's near term financial decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures and changes in fund balances provide a reconciliation to the respective government- wide financial statements to facilitate comparison. Governmental funds presented individually in Collier County's statements include four major funds, the General Fund, Unincorporated Areas Fund, Road Impact Districts Fund and Escrowed Impact Fees Fund. While there are many smaller governmental funds under Collier County management, they are aggregated in a total column named "other governmental funds". Combining statements for these other governmental funds have been presented elsewhere in this report. Proprietary funds - Collier County maintains two different types of proprietary funds, enterprise and internal service, on pages 24 to 28 of this report. Enterprise funds report, with more detail, the same functions presented as business-type activities in the govemment-wide financial statements for water and sewer, solid waste disposal, emergency medical services and the airport authority. Internal service funds are maintained to allocate and accumulate costs internally for Collier County. The County uses internal service funds to account for health insurance, worker's compensation insurance, property 'and casualty insurance, and fleet operations. The internal service funds are presented in total in the proprietary fund financial statements, but may be viewed on a combining basis elsewhere in the report. Fiduciary funds - Fiduciary funds are used to account for resources held for the benefit of parties outside of Collier County government. These funds are not presented in the government-wide financial statements as they do not represent resources available to support Collier County functions. The fiduciary funds are presented in the fund financial statements, on page 29 of this report. All of the County's fiduciary funds are agency funds. The accounting used for agency funds is based on the concept that assets equal liabilities when the government is acting in a fiduciary capacity. Notes to the Financial Statements The notes provide additional information essential to a full understanding of the data provided in both the government-wide and fund financial statements. The notes appear on page 30 to 58 of this report. Other information The combining and individual nonmajor fund financial statements and schedules mentioned above present more detailed views of nonmajor governmental and enterprise funds and begin on page 61. This section contains combining balance sheets and statements of revenues, expenditures and changes in fund balance for governmental funds, and combining balance sheets and statements of revenues, expenses and changes in net assets for enterprise funds. Also included are combining financial statements for internal service and agency funds. Additional information about the County, which may be of interest to the reader, can be found under the Statistical and Single Audit sections of this report. Government-Wide Financial Analysis Collier County's new consolidated approach to financial reporting was mandated by the Governmental Accounting Standards Board for the fiscal year ended September 30, 2002. The main objective of governmental financial reporting has always been accountability. The goal of these accounting changes, the most pervasive since the beginning of governmental accounting, is to enhance the understandability and usefulness of the financial report to its ugers. As mentioned above, changes in net assets over time are a useful indicator in assessing financial condition. Collier County's increase in net assets for this fiscal year amounts to $93,987,045. Collier's investment in capital assets such as land, roads, buildings, parks and machinery and equipment, net of depreciation or any outstanding debt related to the construction or purchase of the asset, amounts to 73% of net assets. Capital assets are used to provide services to the citizens and consequently do not represent spendable resources. Collier County's net assets also include restricted net assets of $23,498,705 and unrestricted net assets of $265,939,737. Restricted net assets are resources subject to external restriction on how they may be used while unrestricted net assets may be used to meet the County's ongoing obligations. The cash and investment accounts of the County's funds increased a total of $24,821,623 from the previous year. Of this increase, $3,444,608 was attributable to agency fund activities. Comparable data for net assets and changes in net assets is not available for September 30, 2001 as fiscal year 2002 is the first year for which such statements have been presented. In the future, comparable data will be presented for the government-wide statements. Following are Collier County's net assets and changes in net assets for the fiscal year ended September 30, 2002, shown in condensed form: Current and other assets Capital assets Total assets Long-term liabilities Other liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets Collier County's Net Assets Governmental Business-type Activities Activities Total $ 263,120,128 171,496,345 434,616,473 473,453,146 515,279,350 988,732,496 736,573,274 686,775,695 1,423,348,969 140,622,972 114,785,292 255,408,264 71,984,587 27,785,092 99,769,679 212,607,559 142,570,384 355,177,943 377,403,465 401,329,119 778,732,584 13,530,387 9,968,318 23,498,705 133,031,863 132,907,874 265,939,737 $ 523,965,715 544,205,311 1,068,171,026 Collier County's Changes in Net Assets Governmental Business-type Activities Activities Total Revenues Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Other taxes Interest income Miscellaneous Total revenues 77,232,184 79,783,808 157,015,992 12,530,922 116,234 12,647,156 5,764,684 31,457,622 37,222,306 147,753,367 147,753,367 63,832,004 63,832,004 14,142,363 7,872,564 22,014,927 9,205,723 798,956 10,004,679 330,461,247 120,029,184 450,490,431 Expenses General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Interest on long-term debt Water and sewer Solid waste Airport authority Emergency medical services Total expenses Increase in net assets before transfers Transfers, net Increase in net assets Net assets - 10/01/2001 Net assets - 9/30/2002 67,622,098 104,652,020 14,757,035 29,200,505 6,115,180 8,749,723 31,868,251 3,108,789 51,546,962 21,209,947 3,020,031 14,652,845 67,622,098 104,652,020 14,757,035 29,200,505 6,115,180 8,749,723 31,868,251 3,108,789 51,546,962 21,209,947 3,020,031 14,652,845 266,073,601 90,429,785 356,503,386 64,387,646 29,599,399 93,987,045 ( 15,703,369) 15,703,369 48,684,277 45,302,768 93,987,045 475,281,438 498,902,543 974,183,981 $ 523,965,715 544,205,311 1,068,171,026 Governmental Activities The increase for net assets of govemmental activities amounted to $48,684,277, an increase of 10% over the previous year. One major source of the unrestricted governmental activity increase is the current growth rate of Collier County. The population of Collier County increased by 5% during the last year. The County collects impact fees for transportation, parks, libraries, emergency medical services and correctional facilities to meet the infrastructure needs created by new residents. Business-Type Activities Increases in net assets related to business-type activities amounted to $45,302,768 in the aggregate, representing a 9% increase. The majority of the increase can be attributed to the Collier County Water and Sewer District. The growth rate of the County contributes to these increases through water and sewer impact fees on new construction and charges for services paid by all new customers. Donations of infrastructure by developers connecting to the County Water and Sewer System also increased net assets in the amount of $8,774,670. Fund Financial Statement Analysis As mentioned above, Collier County utilizes fund accounting to ensure compliance with finance related legal requirements. Governmental Funds Governmental funds provide the user with information on near term inflows, outflows and balances of spendable resources. Unreserved fund balance is a useful measure of net resources available to be spent at the end of the fiscal year. Governmental funds consist of the General Fand, Special Revenue Funds, Debt Service Funds and Capital Project Funds. As of September 30, 2002 Collier County governmental funds reported combined fund balances of $148,231,814, an increase of $1,547,704 compared to prior year balances. Governmental funds reserved $29,908,452 of fund balance to meet current commitments (encumbrances) in the next fiscal year, $227,137 for inventory and prepaid items, $2,225,380 for debt service, $892,147 for advances made to other funds and $1,273,530 for notes receivable. The remainder of fund balance is considered unreserved and is available for spending at the County's discretion. The General Fund is the main operating fund of Collier County. At September 30, 2002, total fund balance in the general fund was $28,791,512 of which $27,811,666 was unreserved. As a percentage of total general fund expenditures and net transfers, the unreserved portion is 15%. The fund balance increased by $1,761,139, or 7%, over the previous fiscal year ended September 30, 2001. This increase is due mainly to a 20% increase in taxable assessed valued, coupled with a 11% increase in general fund millage. This is the first increase in general fund millage since fiscal year 1997. Revenues increased in the fund by 27%, while expenditures increased by only 19%. Special revenue funds are used to account for specific revenue sources or expenditures. Total fund balances of all special revenue funds increased $7,349,639 over the prior year. Of this increase~ $3,232,339, or 44%, can be attributed to the Unincorporated Areas Fund, and is a result of growth in the unincorporated areas of the County. Debt service funds are used to extinguish debt incurred by the governmental funds. Their change in unreserved fund balance is generally minimal as the purpose of a debt service fund is to meet current principal and interest requirements. The total change for debt service fund balance for the year was a reduction of $3,694,725. The primary reason for this decrease was the use of freed up reserve monies in the Sales Tax Revenue Refunding Bond Fund being used to pay down Florida Local Government Finance Commission debt in the amount of $3,652,000. Governmental capital project funds had expenditures of $96,959,546, including debt service, for fiscal year 2002, compared to $76,888,994 for fiscal year 2001. This 26% increase can be traced to increased expenditures in the Parks Improvements Fund of $9,721,962 and increased expenditures in the Road Impact Districts Fund of $11,747,501. Because of the fact that project time lines often extend past one fiscal year and involve land acquisition, design and construction, expenditures may vary widely from year to year. Proprietary funds Proprietary fund statements provide the same information as the government-wide financial statements, but in greater detail, and on a fund basis for enterprise funds. Enterprise Funds At September 30, 2002, total net assets amounted to $544,205,311 for enterprise funds, as compared to $498,902,543 as of September 30, 2001. Net assets change as a result of operations, non-operating revenues and expenditures, capital contributions and grants and donations. The Collier County Water and Sewer District presents the vast majority of the increase in net assets. The Water and Sewer District received water and wastewater impact fees totaling $21,751,151 during fiscal year 2002. Coupled with developer infrastructure contributions of $8,774,670, asset contributions of $193 and disposal of contributed assets in the amount of $18,690, the Water and Sewer District reported capital grant and contributions of $30,507,324 for the year ended September 30, 2002. Net Ooeratin- Income/(Loss) 2002 2001 County Water and Sewer Goodland Water Solid Waste Disposal Emergency Medical Services Airport Authority $ 5,293,382 6,092,691 (23,241) (86,185) (50,069) (63,118) (7,825,986) (7,957,519) (1,341,993) (885,612) Total $ (3,947.907) (3,011.384) The County Water and Sewer Fund continues to report positive results from operations, although net operating income decreased by $799,309 compared to fiscal 2001. This is a result of increased depreciation on assets that went into service during the year, and late in last year, as well as increased non- capital expenditures and personal service costs. Capital Assets Collier County's financial statements present capital assets in two distinct groups, those that are depreciated and those that are not subject to depreciation. Buildings and equipment are examples of assets that are depreciated and land and construction in progress are examples of assets not depreciated. Collier County's investment in capital assets for the combined governmental and business activities amounted to $988,732,496, net of accumulated depreciation. This investment in capital assets, both purchased and donated, includes land, buildings and improvements, machinery and equipment, parks, roads, bridges and drainage structures. Investment in capital assets for the current fiscal year, net of depreciation, increased by $135,137,635 over the previous year. The increase in the governmental funds amounted to $76,259,807, or a 19% increase. The proprietary fund share of the increase was $58,877,828, and amounted to a 13% increase. The major factors behind these increases are as follows: - Water and sewer construction in progress net increases amounted to $46,746,480 - Water and sewer developer infrastructure donations amounted to $8,774,670 - Capitalization as construction in progress and infrastructure of $43,695,022 of road related costs Additional information regarding Collier County's capital assets can be found in Note 5 beginning on page 43 of this report. Debt Administration At September 30, 2002, Collier County had total bonded debt outstanding of $164,705,000, an increase of $37,806,000 from the previous year. The following table illustrates the balances of outstanding debt for the fiscal years ended September 30, 2002 and 2001: Outstanding Debt 2002 2001 General Obligation Bonds Revenue Bonds Line of Credit Florida Local Government Loans State Revolving Fund Loans Miscellaneous Notes $ 795,000 1,560,000 163,910,000 125,339,000 -0- 3,304,921 9,256,000 21,934,000 40,259,284 38,751,100 109,409 641,885 Total $ 214,329,693 191.530.30~6 On January 24, 2002 Collier County issued the $47,430,000 Capital Improvement Revenue Bonds, Series 2002. The County issued these bonds for the purpose of providing funds to reimburse, finance and refinance the costs of acquisition, construction and equipping of various capital improvements within the County. The proceeds were specifically used to refinance $14,515,000 of Florida Local Government Pooled Commercial Paper Loans, refinance $2,836,000 of Line of Credit debt and to fund construction in the amount of $29,136,200, as well as to pay issuance costs of $942,800. 10 The Constitution of the State of Florida, Florida Statute 200.181 and Collier County set no legal debt limit. Further information regarding Collier County's long-term debt can be found in Note 6 beginning on page 45 of this report. Budgetary Highlights Budgetary comparison statements are provided in the basic financial statements for the General Fund and the Unincorporated Areas Fund. Budget columns are presented for both the original budget as well as the final budget. These columns are followed by a column for actual expenditures and a column for differences between final budget and actual expenditures. Certain amendments to the original budget were approved throughout the year. A comparison of original budget to final budget for General Fund revenues shows budget amendments increasing charges for services for the net amount of $11,114,437. This net increase resulted from a budget amendment decreasing reimbursement from capital projects management in the net amount of $451,247, a budget amendment increasing Clerk fees by $1,007,791 and Tax Collector fees being amended upward by $3,928,366. The budget for interest income was amended upward in the General Fund by $6,500,000 to reflect the deposit of qualifying surplus investment interest directly into the General Fund, pursuant to Florida Statutes. Other revenue budget changes were regarded as immaterial for purposes of this disclosure. Significant period expenditure budget increases and decreases, over $200,000 within a department, were made to various cost centers, and are outlined in the following table: Department Budget Increase/(Decrease) Reason for Increase/(Decrease) Clerk of the Circuit Court $1,007,791 New financial management system Tax Collector 3,928,366 Construction of new drivers license facility Other general and administrative 201,659 Funded a school nurse program Facilities management 234,075 Additional capital and operating costs Courthouse security 207,375 Additional security measures Sheriff 299,724 Additional capital and operating costs Operating transfers out 3,908,138 Additional amounts to other funds Real property management (490,922) Management reorganization Health department (937,083) Indigent care program eliminated Economic Factors and Year 2003 Budgets and Rates The following factors were taken into account in preparing the fiscal year 2003 budget: The population of Collier County increased by 5.2% from fiscal year 2001 to fiscal year 2002. The unemployment rate increased from 3.5% to 4.2% from fiscal year 2001 to fiscal year 2002. Economic indicators point toward an overall economic slow down for the near future. 11 The number of commercial and residential permits issued increased by 1,426 to 22,949 from fiscal year 2001 to fiscal year 2002. During the current fiscal year, the general fund's unreserved fund balance increased by $9,881,189 to $27,811,666. $15,984,710 of the fiscal year 2002 unreserved fund balance has been appropriated for spending in fiscal year 2003. Due to the amount of the unreserved fund balance, combined with positive growth rates and increases in appraised values, there was no increase in the millage rate for fiscal year 2003. Contact Information This financial report is intended to give the user a general overview of Collier County Government's finances. Any questions resulting from review of this information may be addressed to the Collier County Clerk of the Circuit Court, Department of Finance and Accounting, 2671 Airport Road South, Court Plaza III, Suite 202, Naples, Florida 34112. Our office may also be contacted via the internet at www. collier, clerk.fi, us. 12 THIS PAGE INTENTIONALLY LEFT BLANK COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS SEPTEMBER 30, 2002 ASSETS Current assets: Cash and investments Receivables: Trade, net Special assessments Interest Unbilled revenue Notes Internal balances Due from other governments Inventory Deposits Prepaid costs Total current assets Restricted assets: Current: Cash and investments Special assessments Interest receivable Noncurrent: Special assessments Due from other governments Notes receivable Total restricted assets Noneurrent assets: Deferred charges Capital assets: Land and nondepreciable capital assets Depreciable capital assets, net Primary Government Governmental Business-type Activities Activities Total $ 247,506,230 77,703,156 325,209,386 2,728,242 6,266,657 8,994,899 1,055,386 1,055,386 1,994,967 514,577 2,509,544 - 2,070,775 2,070,775 1,273,530 1,273,530 (4,263,289) 4,263,289 10,173,727 25,184 10,198,911 1,955,526 2,205,358 4,160,884 32,643 32,643 12,546 12,020 24,566 262,469,508 93,061,016 355,530,524 650,620 94,198,817 379,254,329 68,448,253 1,085,043 439,382 5,166,816 1,013,155 187,674 76,340,323 2,095,006 110,792,420 404,486,930 517,374,356 686,775,695 Total noncurrent assets 474,103,766 Total assets $ 736,573,274 68,448,253 1,085,043 439,382 5,166,816 1,013,155 187,674 76,340,323 2,745,626 204,991,237 783,741,259 991,478,122 1,423,348,969 Component Units 116,137 58,000 174,137 174,137 The notes to the financial statements are an integral part of this statement. 13 COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS SEPTEMBER 30, 2002 LIABILITIES Governmental Activities Current liabilities (payable from unrestricted assets): Vouchers payable and accruals $ Wages payable Retainage payable Due to other governments Due to individuals Self-insurance claims payable Compensated absences Capital leases payable Notes payable Refundable deposits Escrowed impact fees Bonds and loans payable 21,534,179 1,155,526 1,862,983 382,643 17,655 4,476,700 1,376,885 560,470 375,081 32,782,465 7,460,000 Total current liabilities (payable from unrestricted assets) 71,984,587 Current liabilities (payable from restricted assets): Vouchers payable and accruals Interest payable Due to other governments Bonds and loans payable Total current liabilities (payable from restricted assets) Total current liabilities 71,984,587 Noncurrent liabilities: Arbitrage rebate Compensated absences Landfill closure liability Deferred revenue Self-insurance claims payable Capital leases payable Bonds and loans payable, net 211,612 10,267,42l 37,645,040 4,681,300 281,974 87,535,625 Total noncurrent liabilities 140,622,972 212,607,559 Total liabilities NET ASSETS Invested in capital assets, net of related debt Restricted for renewal and replacement Restricted for debt service Restricted for capital projects Unrestricted 377,403,465 2,225,380 11,305,007 133,031,863 Total net assets $ 523,965,715 Primar~ Government Business-type Activities 5,207,247 495,362 4,875,988 100 52,405 165,896 109,409 346,961 11,253,368 7,740,109 1,656,425 643,542 6,491,648 16,531,724 27,785,092 57,122 1,312,949 3,581,240 2,707,825 160,950 106,965,206 114,785,292 142,570,384 401,329,119 300,020 9,668,298 132,907,874 544,205,311 Total 26,741,426 1,650,888 6,738,971 382,743 17,655 4,476,700 1,429,290 726,366 109,409 722,042 32,782,465 7,460,000 83,237,955 7,740,109 1,656,425 643,542 6,491,648 16,531,724 99,769,679 268,734 11,580,370 3,581,240 40,352,865 4,681,300 442,924 194,500,831 255,408,264 355,177,943 778,732,584 300,020 11,893,678 11,305,007 265,939,737 1,068,171,026 Component Units 174,137 174,137 14 COLLIER COUNTY, FLORIDA STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 FUNCTIONS/PROGRAMS Primary Government: Governmental activities: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Interest on long-term debt Program Operating Charges for Grants and Expenses Services Contributions $ 67,622,098 20,418,173 369,705 104,652,020 17,344,111 4,492,649 14,757,035 2,057,290 395,284 29,200,505 28,689,347 1,442,067 6,115,180 740,646 4,645,134 8,749,723 469,157 807,100 31,868,251 7,513,460 378,983 3,108,789 - Total governmental activities 266,073,601 77,232,184 12,530,922 Business-type activities: Water and Sewer Solid Waste Airport Authority Emergency Medical Services 51,546,962 50,454,510 21,209,947 21,121,365 3,020,031 1,424,708 14,652,845 6,783,225 29,642 86,592 Total business-type activities 90,429,785 79,783,808 116,234 Total primary government $ 356,503,386 157,015,992 12,647,156 Component Units: Collier County Housing Finance Authority Collier County Industrial Development Authority Collier County Educational Facilities Authority 57,831 90,133 12,416 7,813 2,884 Total component units $ 73,131 97,946 General revenues: Property taxes Gas taxes Sales taxes Tourist taxes Franchise Fees Other taxes State revenue sharing Interest income Miscellaneous Transfers, net Total general revenues and transfers Change in net assets Net assets - beginning Net assets - ending The notes to the financial statements are an integral part of this statement. 15 Revenues Capital Grants and Contributions Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business-type Activities Activities Total 365,144 (46,469,076) (46,469,076) 686,412 (82,128,848) (82,128,848) 1,850,594 (10,453,867) (10,453,867) 1,988,787 2,919,696 - 2,919,696 12,151 (7,461,315) - (7,461,315) 336,835 (23,638,973) - (23,638,973) - (3,108,789) (3,108,789) 5,764,684 (170,545,811) (170,545,811) 30,507,324 950,298 31,457,622 37,222~306 Component Units (170,545,811) 29,414,872 29,414,872 (58,940) (58,940) (645,025) (645,025) (7,783,028) (7,783,028) 20,927,879 20,927,879 20,927,879 (149,617,932) 32,302 (4,603) (2,884) 24,815 147,753,367 17,332,952 26,611,449 8,184,363 3,183,106 1,710,309 6,809,825 14,142,363 9,205,723 (15,703,369) 219,230,088 48,684,277 475,281,438 523,965~715 7,872,564 798,956 15,703,369 24,374,889 45,302,768 498,902,543 544,205,311 147,753,367 17,332,952 26,611,449 8,184,363 3,183,106 1,710,309 6,809,825 22,014,927 10,004,679 243,604~977 93,987,045 974,183,981 1~068~171~026 1,123 1,123 25~938 148,199 174~137 16 COLLIER COUNTY, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2002 ASSETS Cash and investments Receivables: Interest Trade, net Notes Special assessments Due from other funds Due from other governments Deposits Inventory Advances to other funds Prepaid costs Total assets LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Wages payable Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Escrowed impact fees Retainage payable Advances from other funds Road Other Total General Unincorporated Impact Fees Impact Governmental Governmental Fund Areas Escrow Districts Funds Funds $ 34,326,132 28,433,910 33,820,988 35,022,639 101,543,605 233,147,274 1,736,496 92,817 165,654 1,994,967 224,300 258,895 2,758 873,905 1,359,858 1,273,530 1,273,530 1,055,386 !,055,386 1,593,095 256,433 154,954 2,653,638 4,658,120 1,953,222 237,95 ! 570,868 7,411,686 10,173,727 3,500 3,500 214,373 1,591,337 1,805,710 392,147 500,000 892,147 9,616 2,930 12,546 $ 40,452~881 29~280~006 33 820 988 35,751,219 117,071,671 256,376,765 $ 5,373,277 2,700,963 13,235 1,931,548 7,699,619 17,718,642 3,351,505 338,983 354,464 4,044,952 2,299,466 12,645 1,465,176 5, 851,781 9,629,068 214,587 156,588 11,468 382,643 7,141 10,441 73 17,655 40,879 1,361,056 15,394,222 23,643,158 40,439,315 372,904 2,177 375,081 32,782,465 32,782,465 1,610 71,225 513,451 1,276,697 1,862,983 892,147 892,147 Total liabilities 11,661,369 4,651,901 32,795,700 19,304,397 39,731,584 108,144,95l Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt service Unreserved, reported in: General fund Special revenue funds Debt service funds Capital project funds Total fund balances Total liabilities and fund balances $ 363,710 1,713,691 9,591,410 18,239,641 29,908,452 392,147 500,000 892,147 214,373 218 214,591 1,273,530 1,273,530 9,616 2,930 12,546 2,225,380 2,225,380 27,811,666 27,811,666 22,914,414 1,025,288 33,377,301 57,317,003 4,652,981 4,652,98l 6,855,412 17,068,106 23,923,518 28,791,512 24,628,105 1,025,288 16,446,822 77,340,087 148,231,814 40~452,881 29,280,006 33,820,988 35~751,219 . 117,071,671 256,376,765 The notes to the financial statements are an integral part of this statement. 17 COLLIER COUNTY, FLORIDA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS Differences in amounts reported for governmental activities in the statement of net assets on pages 13-14: Fund balances - total governmental funds Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. Certain receivables are estimated to be uncollectible and therefore not available to pay current period expenditures. Certain long term assets are not available to pay current period expenditures and therefore are not reported in the governmental funds. Certain revenues are measureable and available in the current period and therefore are deferred in the funds. Certain liabilities are not due and payable in the current period and therefore are not reported in the funds. The net assets of the internal service funds are shown are included in the governmental activities in the Statement of Net Assets. Total net assets - governmental activities The notes to the financial statements are an integral part of this statement. $ 148,231,814 469,831,467 (344,985) 650,620 2,794,275 (107,546,918) 10,349,442 523,965415 18 COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Totfl revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year Road Other General Unincorporated Impact Fees Impact Governmental Fund Areas Escrow Districts Funds 125,356,268 18,638,366 173,240 12,598,622 31,241,588 34,168 15,643,277 3,451,563 5,373,840 91,514 8,878,757 708,259 101,083 5,813,058 80,183 192,480,028 35~703,758 249,465 7,954 1,106,155 28,050,154 14,335 Total Govemmental Funds 28,996,398 172,991,032 190,083 12,961,945 26,208,958 57,484,714 2,978,915 22,081,709 646,781 6,112,135 3,199,727 14,142,363 6,014,818 34,064,972 2,414,788 2,515,871 2,496,565 8,404,141 249~465 29,178,598 73,147,033 330,758,882 52,541,256 6,099,710 82,944,852 10,815,511 2,705,296 6,140,468 845,016 267,396 7,688,790 7,463,153 9,615,838 393,504 62,931 154,581,867 33,001,854 37~898,161 2,701,904 28,064,489 5,292,620 63,933,586 10,473,118 104,233,481 9,351,049 12,056,345 14,154,116 20,294,584 5,519,438 6,631,850 654,697 8,343,487 5,463,737 22,542,728 33,642,614 34,099,049 68,888,257 96,952,746 28,064,489 153,439,646 369,087,856 249,465 1,114,109 (80,292,613) (38,328,974) 3,188,216 (39,325,238) (36,137,022) 3,500,000 480,016 (3,449,581) 530,435 43,930,000 47,430,000 8,250,000 8,250,000 28,547 28,547 34,017,124 37,685,356 (10~742,406) (53,517,225) 75,483,265 39,876,678 1,761,139 27,030,373 28,791,512 3,232,339 21,395,766 24,628,105 249,465 775~823 1,025,288 1,114,109 15,332,713 (4,809,348) 1,547,704 82,149,435 146,684,110 148,231~814 16~446,822 77,340,087 The notes to the financial statements are an integral part of this statement. 19 COLLIER COUNTY, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Differences in amounts reported for governmental activities in the statement of activities on pages 15-16: Net change in fund balances - total governmental funds $ Capital outlay is reported as an expenditure in governmental funds, but are shown as capital assets in the Statement of Net Assets. Depreciation expenses on governmental capital assets included in the governmental activities in the Statement of Activities. Bond, loan and lease proceeds provide current financial resources to governmental funds, but issuing debt increases long term liabilities in the Statement of Net Assets. Repayment of long term debt is an expenditure in governmental funds, but a reduction of long term liabilities in the Statement of Net Assets. Certain amounts reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds. Certain amounts reported in the Statement of Activities as deferred are reported as expenditures in the governmental funds. Certain amounts reported in the Statement of Activities as revenue are reported as deferred in the governmental funds. The net expenditures of internal service funds are reported with governmental activities. Change in net assets ~ governmental activities $ The notes to the financial statements are an integral part of this statement. 1,547,704 99,267,183 (22,781,971) (55,708,547) 29,979,941 (1,856,313) 1,044,766 (297,635) (2,51o,851) 48,684,277 20 COLLIER COUNTY, FLORIDA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Miscellaneous Total revenues Expenditures: Current: General government Board of county commissioners County manager administrative Budget and management Administrative services Human resources administration Clerk of the Circuit Court Property appraiser Tax collector County attorney Natural resources Circuit court costs Courthouse security County court cost State attorney Public defender Other general administrative Facilities management Sheriff Supervisor of elections Real property management Total general government Public safety Sheriff Emergency management administration Helicopter operations Medical examiner services Total public safety Physical environment Conservation and resource management Aquatic plant control Immokalee cemetery Total physical environment Original Final Budget Budget Actual Variance with Final Budget Favorable (Unfavorable) 129,732,900 129,732,900 125,356,268 (4,376,632) 164,400 164,400 173,240 8,840 31,273,600 31,362,594 31,241,588 (121,006) 12,800,878 17,285,788 15,643,277 (1,642,511) 5,692,500 5,692,500 5,373,840 (318,660) 2,579,200 9,079,200 8,878,757 (200,443) 4,885,443 4,925,976 5,813,058 887,082 187,128,921 198,243,358 192,480,028 (5,763,330) 866,900 866,900 825,633 41,267 624,205 728,455 691,988 36,467 569,900 590,391 447,992 142,399 4,225,737 4,306,912 3,927,526 379,386 1,173,077 1,070,202 1,020,942 49,260 12,258,100 13,265,891 12,267,691 998,200 6,711,734 6,619,634 6,382,597 237,037 6,419,587 10,347,953 10,364,977 (17,024) 2,366,935 2,405,036 2,307,457 97,579 220,600 216,075 205,459 10,616 108,300 108,300 56,512 51,788 388,000 595,375 614,014 (18,639) 55,965 55,965 21,651 34,314 276,000 277,774 277,181 593 262,879 262,879 250,751 12,128 2,843,826 3,045,485 3,035,341 10,144 5,390,800 5,624,875 5,622,850 2,025 2,011,500 2,011,500 1,999,585 11,915 1,967,600 2,051,594 1,719,512 332,082 993,700 502,778 501,597 1,181 49,735,345 54,953,974 52,541,256 2,412,718 80,914,674 81,214,398 81,007,845 206,553 494,800 479,246 394,998 84,248 848,288 859,561 828,679 30,882 715,200 718,840 713,330 5,510 82,972,962 83,272,045 82,944,852 327,193 1,608,870 1,584,745 1,520,267 64,478 1,323,200 1,277,700 1,174,912 102,788 13,500 10,500 10,117 383 2,945,570 2,872,945 2,705,296 167,649 21 Economic environment Veterans services Housing and urban improvement Total economic environment Human services Health Care Responsibility Act Animal control Health department Mental health Client assistance Public services division office Total human services Culture and recreation Library administration Outreach services Recreation programs Total culture and recreation Debt Service Total expenditures Excess of revenues over expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year Original Budget 214,200 981,734 1,195,934 22,500 1,873,761 2,231,189 926,100 3,540,200 257,500 8,851,250 4,900,900 329,300 2,608,827 7,839,027 393,545 153,933,633 33,195,288 3,733,000 (34,827,600/ (31,094,600) Final Budget 212,825 920,609 1,133,434 67,500 1,817,511 1,294,106 926,100 3,485,700 265,000 7,855,917 4,897,350 328,925 2,512,062 7,738,337 393,545 158,220,197 40,023,161 3,853,000 (38,735,738) (34,882,738) 2,100,688 6,694,712 8,795,400 5,140,423 6,680,809 11,821,232 Actual 206,743 638,273 845,016 60,285 1,792,871 1,274,281 926,100 3,434,508 200,745 7,688,790 4,680,511 331,688 2,450,954 7,463,153 393,504 154,581,867 37,898,161 3,188,216 t30,344,781) (27,156,565) 10,741,596 27,030,373 37,771,969 Variance with Final Budget Favorable (Unfavorable) 6,082 282,336 456,067 7,215 24,640 19,825 51,192 64,255 167,127 216,839 (2,763) 61,108 275,184 41 3,805,979 (9,569,309) (664,784) 8,390,957 7,726,173 (1,843,136) 20,349,564 18,506,428 The notes to the financial statements are an integral part of this statement. 22 COLLIER COUNTY, FLORIDA UNINCORPORATED AREAS FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Reven u e s: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Special assessmems Miscellaneous Total revenues Original Final Budget Budget Actual Variance with Final Budget Favorable (Unfavorable) 17,948,000 17,948,000 18,638,366 690,366 11,791,900 11,791,900 12,598,622 806,722 72,529 72,529 34,168 (38,361) 2,982,700 2,982,700 3,451,563 468,863 40,000 40,000 91,514 51,514 1,050,000 1,050,000 708,259 (341,741) 55,000 55,000 101,083 46,083 106,900 122,396 80,183 (42,213) 34,047,029 34,062,525 35,703,758 1,641,233 Expenditures: Current: General government Public safety Transportation Economic environment Culture and recreation Debt Service Total expenditures Excess (deficiency) of revenues over (under) expenditures 6,697,786 7,117,713 6,099,710 1,018,003 18,016,695 17,965,245 10,815,511 7,149,734 7,717,467 7,926,236 6,140,468 1,785,768 477,800 516,800 267,396 249,404 10,648,210 10,414,756 9,615,838 798,918 62,900 62,900 62,931 (31) 43,620,858 44,003,650 33,001,854 (9,573,829) (9,941,125) 2,701,904 11,001,796 12,643,029 Other financing sources (uses): Proceeds from loans Transfers in Transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year 3,500,000 3,500,000 3,500,000 2,256,600 2,326,600 2,303,516 (5,114,700) (5,436,492) (5,273,081) (23,084) 163,411 641,900 390,108 530,435 140,327 (8,931,929) (9,551,017) 3,232,339 12,783,356 16,118,429 16,288,347 21,395,766 5,107,419 $ 7,186,500 6,737,330 24,628,105 17,890,775 The notes to the financial statements are an integral part of this statement. 23 ASSETS Current assets: Cash and investments Receivables: Trade, net Interest Unbilled revenue Due from other funds Due from other governments Deposits Inventory Prepaid costs Total current assets Restricted assets: Current: Cash and investments Special assessments Interest receivable Noncurrent: Special assessments Due from other governments Notes receivable Total restricted assets Noneurrent assets: Deferred charges Capital assets: Land and nondepreciable capital assets Depreciable capital assets, net COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS PROPRIETARY FUNDS SEPTEMBER 30, 2002 Business-type Activities Enterprise Funds Emergency County Water Solid Waste Medical Other and Sewer Disposal Services Funds Total Governmental Activities - lntemal Service Funds 59,223,300 16,709,232 1,164,937 605,687 77,703,156 3,874,647 1,416,264 928,141 46,680 6,265,732 469,847 40,232 4,498 514,577 2,066,564 4,211 2,070,775 19,920 4,759,583 4,779,503 25,184 25,184 1,944,981 197,117 63,260 2,205,358 12,020 12,020 14,358,956 156,609 1,555,569 29,143 149,816 67,611,279 22,950,495 2,290,195 724,336 93,576,305 16,250,093 64,221,239 3,581,240 321,632 324,142 68,448,253 1,079,630 5,413 1,085,043 438,078 1,304 439,382 5,160,735 6,081 5,166,816 1,013,155 1,013,155 187,674 187,674 71,087,356 3,581,240 322,936 1,348,791 76,340,323 2,080,312 14,694 2,095,006 105,285,999 1,520,754 - 3,985,667 110,792,420 388,013,015 4,485,013 2,988,473 %000,429 404,486,930 3,621,680 Total noncurrent assets 495,379,326 6,020,461 2,988,473 12,986,096 517,374,356 3,621,680 Total assets $ 634,077,961 32,552,196 5,601,604 15,059,223 687,290,984 19,871,773 The notes to the financial statements are an integral part of this statement. 24 COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS PROPRIETARY FUNDS SEPTEMBER 30, 2002 LIABILITIES Business-type Activities Enterprise Funds Governmental Activities - Emergency Internal County Water Solid Waste Medical Other Service and Sewer Disposal Services Funds Total Funds Current liabilities (payable from unrestricted assets): Vouchers payable and accruals $ Wages payable Due to other funds Due to other governments Self-insurance claims payable Compensated absences Capital leases payable Notes payable 3,500,655 1,576,026 54,605 75,961 5,207,247 688,707 253,751 25,773 201,668 14,170 495,362 34,622 3,174 551 113 3,838 5,384 100 100 21,03l 6,882 17,983 6,509 52,405 50,785 13,454 97,890 3,767 165,896 109,409 109,409 4,476,700 11,511 40,662 Total current liabilities (payable from unrestricted assets) 3,938,805 1,622,686 372,359 100,407 6,034,257 5,257,586 Current liabilities (payable from restricted assets): Vouchers payable and accruals Deferred revenue Interest payable Retainage payable Due to other governments Refundable deposits Bonds and loans payable 7,545,540 10,296 184,273 7,740,109 2,331,302 231,949 144,574 2,707,825 1,656,425 1,656,425 4,825,509 21,288 29,191 4,875,988 642,262 1,280 643,542 42,334 290,732 13,895 346,961 6,491,648 6,491,648 Total current liabilities (payable from restricted assets) 23,535,020 312,020 242,245 373,213 24,462,498 Total current liabilities 27,473,825 1,934,706 614,604 473,620 30,496,755 5,257,586 Noncurrent liabilities: Arbitrage rebate Compensated absences Landfill closure liability Capital leases payable Self-insurance claims payable Bonds and loans payable, net 57,122 57,122 728,507 88,042 471,743 24,657 1,312,949 84,410 3,581,240 3,581,240 13,097 3,470 143,412 971 160,950 10,486 4,681,300 106,965,206 106,965,206 107,763,932 3,672,752 615,155 25,628 112,077,467 4,776,196 Total noncurrent liabilities Total liabilities 135,237,757 5,607,458 1,229,759 499,248 142,574,222 10,033,782 NET ASSETS Invested in capital assets, net of related debt Restricted for renewal and replacement Restricted for debt service Unrestricted 379,611,747 5,988,843 2,747,171 12,981,358 401,329,119 3,570,532- 300,020 300,020 9,668,298 9,668,298 109,260,139 20,955,895 1,624,674 1,578,617 133,419,325 6,267,459 Total net assets $ 498,840~204 26,944,738 4,371,845 14,559,975 544,716,762 9,837~991 Consolidation adjustment for internal service fund activities related to enterprise funds. Net assets of business-type activities 1,451) 544~205~311 25 COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Operating revenues: Charges for services Total operating revenues Operating expenses: Personal services Operating Depreciation and amortization Total operating expenses Operating income (loss) Non-operating revenues (expenses): Operating grants and contributions Interest income Interest expense Miscellaneous revenue Gain (loss) on disposal of fixed assets Total non-operating revenues (expenses) Income (loss) before contributions and transfers Capital grants and contributions Transfers in Transfers out Change in net assets Net assets - beginning Net assets - ending Business-type Activities Enterprise Funds Emergency County Water Solid Waste Medical Other and Sewer Disposal Services Funds Governmental $ 50,143,593 21,121,365 6,783,225 1,735,625 50,143,593 21,121,365 6,783,225 1,735,625 13,405,114 1,441,517 11,157,291 761,060 18,124,415 19,282,200 3,051,776 1,552,160 13,320,682 447,717 400,144 787,639 44,850~211 21,171,434 14,609,211 3,100,859 5,293,382 (50,069) (7,825,986) ~ Activities - Internal Service Total Funds 79,783,808 31,186,013 29,642 86,592 7,100,665 667,603 46,509 57,787 (5,957,459) (1,196) (12,675) (155,193) 727,618 60,278 3,288 7,772 (56,215) (1,884) (1,997) 1,814,609 754,443 123,714 (91,631) 7,107,991 704,374 (7,702,272) (1,456,865) 30,507,324 950,298 2,797 8,480 7,930,000 9,010,457 (827,136) ~ (29,400) (98,000) 36,790,976 419,025 198 328 8,405,890 462,049,228 26,525,713 4,173,517 6,154,085 $ 498,840r204 26,944,738 4,371,845 14,559,975 Consolidation adjustment for internal service fund activities related to enterprise funds Change in net assets of business-type activities 79,783,808 31,186,013 26,764,982 1,780,703 42,010,551 32,849,865 14,956,182 1,187,064 83,731,715 35,817,632 (3,947,907) (4,631,619) 116,234 7,872,564 358,336 (6,126.523) (3.663) 798,956 315.960 (60.096) 27.809 2,601,135 698,442 (1,346,772) (3,933,177) 31,457,622 782,375 16,951,734 128,500 (1,248,365) 45,814,219 (511,451) 45,302,768 (3,022,302) 12,860,293 9,837.991 26 COLLIER COUNTY, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Cash flows from.operating activities: Cash received for services Cash received on behalf of other governments Cash received from customer deposits Cash received from retirees for services Cash payments on behalf of retirees Cash payments on customer deposits Cash payments to other governments Cash payments for goods and services Cash payments to employees Net cash provided by (used for) operating activities Cash flows from non-capital financing activities: Cash received from operating grants Cash advances to other funds Cash transfers from other funds Cash transfers to other funds Net cash provided by (used for) non- capital financing activities Cash flows from capital and related financing activities: Connection fee collections Cash contributions received Special assessment collections Special assessment interest Proceeds from disposal of fixed assets Proceeds from capital grants Proceeds from rentals Proceeds from the sale of scrap Proceeds from insurance claims Proceeds from state loans Payments for capital acquisitions Principal payments on notes Principal payments on bonds Principal payments on leases Interest and fiscal agent fees paid Net cash provided by (used for) capital and related financing activities Cash flows from investing activities: Interest on investments Net cash provided by investing activities Net decrease in cash Cash and investments, October 1, 2001 (including $105,655,513 in restricted cash) Cash and investments, September 30, 2002 (including $68,448,253 in restricted cash) Business-type Activities Enterprise Funds Emergency County Solid Waste Medical Other Water and Sewer Disposal Services Funds Total 49,417,510 21,263,968 7,133,189 1,746,097 79,560,764 2,049,893 100 2,049,993 40,000 22,900 62,900 (l,100) (1,100) (1,748,113) (1,748,113) (17,912,398) (18,875,351) (4,165,520) (1,434,256) (42,387,525) (13,253,535) (1,412,487) ~ (749,381) (26,489,898) 18,593,357 999,030 (8,106,726) (438,640) 11,047,021 203,895 44,000 247,895 (4,750,000) (4,750,000) 2,797 8,480 7,930,000 642,000 8,583,277 (827,136) ~ (29,400) (98,000) ~ Governmental Activities - Internal Service Funds 30,895,248 540,108 (375,384) (31,608,352) (1,741,581) (2,289,961) 128,500 (4,831,454) 7,900,600 588,000 2,832,807 128,500 20,970,977 3,288 18,780 1,130,249 2,686 507,176 48,310 916,052 1,158,736 11,200 60,278 326,137 3,612,334 (1,635,011) (58,859,578) (2,078,495) (109,000) (4,614,000) (3,490) (158,279) (5,447) ~ (815,430) 20,970,977 (42,652,187) 3,288 1,111,469 504,490 45,085 3,225 242,684 11,200 60,278 326,137 3,612,334 (56,909,317) (276,924) (38,326) (2,078,495) (4,505,000) (48,313) (12,799) (93,677) (5,692,7541 (1,196) (12,67~ ~ 101,294 7,473,403 1,004,888 62,600 64,792 8,605,683 7,473,403 1,004,888 62,600 64,792 8,605,683 (17,409,766) (3,054,952) (42,232) (601,278) (21,108,228) 140,854,305 23,345,424 1,528,801 1,531,107 167,259,637 123,444,539 20,290,472 1,486,569 929,829 146,151,409 (CONTINUED) 100,607 316,836 (955,612) (39,879) (3,663) (581,711) 494,742 494,742 (2,248,430) 16,607,386 14,358,956 27 COLLIER COUNTY, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIES Business type Activities Enterprise Funds Emergency County Solid Waste Medical Other Water and Sewer Disposal Services Funds Total Operating income (loss) $ 5,293,382 (50,069) (7,825,986) (1,365,234) (3,947,907) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation expense 406,368 400,144 Amortization of capital improvement projects 41,350 35,434 Amortization of bond issuance costs 461,960 Amortization of utility plant acquisition adjustment 60,455 Increase (decrease) in accounts receivable (726,083) (68,452) (722,072) Increase (decrease) in due fi.om other funds (30,600) 20,893 Increase in due fi.om other governments 190,162 Increase in advances and deposits Increase (decrease) in inventory 125,295 (77,256) Increase (decrease) in vouchers payable 114,377 407,325 Increase in accrued wages 60,398 8,722 46,600 Increase in accrued compensated absences 91,181 20,308 36,197 Increase (decrease) in due to other funds 2,945 (53) 113 Increase (decrease) in due to other governments 301,780 100 Decrease in retainage payable (424) Increase in customer deposits payable 40,000 22,900 Increase in self-insurance claims payable 12,798,267 Total adjustments 13,299,975 1,049,099 Net cash provided by (used for) operating activities $ 18,593,357 999,030 Governmental Activities - Internal Service Funds (4,631,619) 787,639 14,392,418 1,187,064 76,784 461,960 60,455 8,003 (1,508,604) (94,094) 2,469 (7,238) (473,120) 190,162 (14,152) (10,091) 37,948 00,285) 129,108 650,810 566,239 2,724 118,444 10,593 8,955 156,641 28,529 (281) 2,724 5,384 (832) 301,048 (424) (1,100) 61,800 (280,740) 926,594 (8,106,726) ~ 14,994,928 11,047,021 1,135,500 2,341,658 (2,289,961) Non-cash investing, capital and financing activities: The combined enterprise funds experienced a non-cash investing gain due to a change in the fair value of non-cash and cash equivalents of $1,414,971. There were non-cash contributions of $8,774,863 in the County Water and Sewer District Fund, consisting of $8,774,670 in developer contributions and $193 in contributions fi.om other funds. 28 COLLIER COUNTY, FLORIDA STATEMENT OF FIDUCIARY NET ASSETS FIDUCIARY FUNDS SEPTEMBER 30, 2002 Cash and investments Receivables: Special assessments Interest receivable Other Due from other funds Total assets ASSETS Agency Funds $ 29,338,764 15,724 52,962 7,069 202,783 $ 29,617,302 LIABILITIES Vouchers payable and accruals Due to other funds Due to other govemments Due to individuals Refundable deposits Due to special assessment bondholders Total liabilities $ 71,880 1,557,685 4,778,071 393,409 14,408,125 8,408,132 $ 29,617,302 The notes to the financial statements are an integral part of this statement. 29 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 l/IA NOTE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 INDEX Sunmam3~ of Significant Accounting Policies Cash and Investmems Trade Receivables Interfund Balances Capital Assets Long-Term Obligations Revenue Bonds Administered by the State of Florida Conduit Debt Obligations Defeased Debt Pension Plan Obligations Transfers Net Assets Risk Management Landfill Liability Change m Accounting Principles Significant Contingencies Significant Commitments Subsequent Events PAGE NLrMBER 31~: 39 41 42 43 45 51 51 52 52 53 54 55 56 57 57 58 58 30 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES THE REPORTING ENTITY The primary government consists of Collier County, a pohtical subdivision of the State of Florida that was established in 1923 by the Florida State Legislature. The County is governed by a Board of County Commissioners which consists of five members elected within single member districts. In addition, there are five Constitutional Officers; the Tax Collector, Property Appraiser, Sheriff, Clerk of the Circuit Court and Supervisor of Elections. The Constitutional Officers are elected county wide. The Board of County Commissioners budgets and provides all funding used by the separate Constitutional Officers with the exception of fees collected by the Clerk of the Circuit Court and the Tax Collector. Under the direction of the Clerk of the Circuit Court, the Collier County Finance and Accounting Departxnent maintains the accounting system for the operations of the Board of County Commissioners, Supervisor of Elections and the Clerk of the Circuit Court. The Tax Collector, Property Appraiser and Sheriff each maintain their own accounting systems. For financial reporting purposes the operations of the Board of County Commissioners and the Constitutional Officers are combined and presented as the primary government. Component units are legally separate agencies that the primary government is £mancially accountable for or organizations which should be included in the reporting entity because of the nature and significance of their relationship with the primary government. Financial accountability is determined by the primary government's ability to appoint the voting majority of the entity's board, impose its will on the organization, and the existence of a £mancial benefit/burden relationship or fiscal dependency. The County's blended component units consist of organizations whose respective governing Boards are composed entirely of the Board of County Commissioners serving ex-officio. These entities are legally separate, however financial support has been pledged and f'mancial or operational policies may be significantly influenced by the County. In accordance with Governmental Accounting Standards Board (GASB) Statement 14, "The Financial Reporting Entity", these organizations are reported as if they were part of the County's operations. The £mancial position and results of operations of the following blended component units are accounted for in enterprise funds and can be found in this report: Collier County Water and Sewer District The District was established by Chapter 88-499, Laws of Florida, to provide water, sewer and effluent services to certain portions of the unincorporated area of Collier County. The District currently operates three wastewater treatment facilities and two water treaunent plants. Goodland Water District The District was established by a Special Referendum Election authorized by Collier County Ordinance 75-5 and Section 125.01(q), Florida Statutes. The District provides potable water service to the residents of Goodland. The County's discretely presented component umts consist of organizations whose five member bodies are appointed by the Board of County Commissioners. The County is able to impose its will on these entities because of its discretionary ability to remove appointed members from the component units' Boards. GASB Statement 14, "The Financial Reporting Entity", requires that the financial data of these organizations be reported separately to emphasize that they are legally separate from the County. Accordingly, the following organizations are reported in the component units section in the government-wide financial statements. 31 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED THE REPORTING ENTITY - CONTINUED Collier County Health Facilities Authori _ty The Authority was established in 1979 by Collier County Ordinance 79-75 for the purpose of assisting health facilities in the acquisition, construction and financing of projects within the County. The Authority has no assets, liabilities or equity and has not generated any revenues or incurred any expenditures. Therefore, no financial position or results of operations are included in the accompanying financial statements. Outstanding conduit debt issued by the Authority is reported in Note 8, "Conduit Debt Obligations". Collier County Housing Finance Authori _ty The Authority was formed in 1980 by Collier County Ordinance 80-66 for the purpose of stimulating the construction of residential housing for low and moderate income families through the use of public £mancing. The Authority maintains its own financial records, but does not issue separate, stand alone fmancial statements. Their financial position and results of operations are included in the accompanying fmancial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 8, "Conduit Debt Obligations". Collier County Industrial Development Authority The Authority was created in 1978 by Collier County Resolution 78-94 to facilitate the financing of projects that promote economic growth and increase oppommities for employment in the County. The Authority maintains its own financial records, but does not issue separate, stand alone financial statements. Their fmancial position and results of operations are included in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 8, "Conduit Debt Obligations". Collier County Educational Facilities Authori _ty The Authority was created in 1999 by Collier County Resolution 99-177 to assist institutions for higher education in the construction, financing and refinancing of projects. The Authority maintains its own financial records, but does not issue separate, stand alone financial statements. Their financial position and results of operations are included in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 8, "Conduit Debt Obligations". Complete £mancial information on the individual component units can be obtained from the following administrative offices or from the Finance Department of the Clerk of the Circuit Court. Collier County Water and Sewer District 3301 East Tamiami Trail Naples, FL 34112 Collier County Health Facihties Authority 5811 Pelican Boulevard, Suite 210 Naples, FL 34108 Goodland Water District 3301 East Tamiami Trail Naples, FL 34112 Collier County Industrial Development Authority 3050 N. Horseshoe Drive, Suite 120 Naples, FL 34104 Collier County Educational Facilities Authority 3050 N. Horseshoe Drive, Suite 120 Naples, FL 34104 Collier County Housing Finance Authority 5811 Pelican Boulevard, Suite 210 Naples, FL 34108 32 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED NEW ACCOUNTING STANDARDS ADOPTED In fiscal year 2002, the County adopted three new statements of financial accounting standards issued by the Governmental Accounting Standards Board (GASB): · Statement No. 34 Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments · Statement No. 37 Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments: Omnibus · Statement No. 38 Certain Financial Statement Disclosures GOVERNMENT WIDE AND FUND FINANCIAL STATEMENTS The basic financial statements are made up of the government wide financial statements and fund financial statements. Both of these sets of financial statements distinguish between the governmental and business type activities of Collier County. The_ government wide financial statements consist of a Statement of Net Assets and a Statement of Activities. These statements report on the consolidated financial condition of Collier County, at the reporting entity level. Consolidation of interfund activities is used to show financial results and internal balances represent net amounts due between the governmental and business type activities. Fiduciary funds are also eliminated from these presentations as their assets do not represents amounts that are available for Collier County government operations. The Statement of Net Assets reports all financial and capital resources of Collier County's governmental and business type activities. Net assets equal assets minus liabilities, and is shown in three categories: invested in capital assets, net of related debt; restricted net assets and unrestricted net assets. The Statement of Activities reports results of operations on a function activity (program) basis and demonstrates to what degree the particular program has been self-supporting. Program revenues are reported in the following three categories: charges for services, operating grants and contributions and capital grants and contributions. Charges for services are amounts charged to customers for a particular service, and are netted against the cost of the relevant program. Grants and contributions refer to revenues restricted for capital or operational use in a particular program. The general revenues category encompasses all other revenue types and represents revenue collected to support all functions of Collier County government. The fund financial statements follow the government wide statements and report more detailed information about operations of major funds on an individual basis and nonmajor fimds on an aggregate basis for the governmental, proprietary and fiduciary funds. Following each governmental fired f'mancial statement is a reconciliation explaimng the differences between the governmental fund presentation and the government wide presentation. BASIS OF PRESENTATION The following are reported as major governmental funds: General Fund - the general fund is the general operating fund of the County. All general tax revenues and other receipts that are not accounted for in other funds are accounted for in the general fund. The general operating funds of the Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector represent sub funds of the County's general fund that are held and accounted for individually, but are presented together with the Board of County Commissioners' general fund. Unincorporated Areas Special Revenue Fund - the Unincorporated Areas Special Revenue fund is used to account for the monies derived from and expended for the benefit of the unincorporated areas of Collier County. 33 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED BASIS OF PRESENTATION - CONTINUED Impact Fees Escrow Special Revenue Fund - the Impact Fees Escrow Special Revenue fund is used to account for impact fees held in l~-ust relating to projects under construction. Impact fees proceeds are removed from escrow as permits are issued and the related monies are placed in their respective impact fee fund. Road Impact Districts Fund - the Road Impact Districts Capital Project fund is used to account for the receipt and expenditure of road impact fees collected from qualifying new construction. The impact fees must be used for the acquisition and construction of transportation related facilities by district. The following are reported as major enterprise funds: County Water and Sewer Fund - the County Water and Sewer fund is used to account for the provision of water, wastewater and effluent services to the majority of the County's unincorporated areas. Solid Waste Disposal Fund - the Solid Waste Disposal fund is used to account i6r the provision of solid waste disposal services to users throughout the County. Emergency Medical Services Fund - the Emergency Medical Services fund is used for the provision of emergency ambulance and paramedical services to users throughout the County. Collier County also maintains the following fund types: Debt Service Funds - Debt service funds are used to account for the accumulation of resources for the payment of principal, interest and other expenditures on long-term obligations, other than bonds and notes payable from the operation of business type activities. Intemal Service Funds - Internal service funds are used to account for the provision of goods and services by one department to another department within the County or to other governmental units on a cost reimbursement basis. Agency Funds - Agency funds are custodial in nature and do not report the results of operations (assets equal liabilities). Agency fimds are clearing accounts for assets held by the government as an agent for individuals, private organizations or other governments. The Board of Cotmty Commissioners, Sheriff, Clerk of the Circuit Court and Tax Collector all maintain agency funds. BASIS OF ACCOUNTING AND MEASUREMENT FOCUS Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made regardless of the measurement focus applied. The government wide financial statements, as well as the fund financial statements for the proprietary funds, are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recognized in the period in which they are earned and expenses are recognized in the period incurred. The intent in proprietary operations is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed primarily through user charges, or where periodic determination of revenues earned, expenses incurred, and/or net income is deemed appropriate for capital maintenance, public policy, management control, accountability or other purposes. 34 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED BASIS OF ACCOUNTING AND MEASUREMENT FOCUS - CONTINUED Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. All governmental fund financial statements are reported using a current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to fmance expenditures of the current period. Available means collectible within the current period or soon enough thereafter, generally 60 days, to be used to pay liabilities of the current period. Primary revenues including special assessments, intergovernmental revenues, charges for services, rents and interest are treated as susceptible to accrual under the modified accrual basis. Property taxes are discussed later in this footnote. Other revenue sources are not considered measurable and available and are not treated as susceptible to accrual. Expenditures are recorded when the related fund liability is incurred. Exceptions to this general role include accrued compensated absences and principal and interest on long-term debt. In applying the susceptibility-to-accrual concept to intergovernmental revenues, the legal and contractual requirements of the numerous individual programs are used as guidance. There are essentially two types of these revenues. In one, monies must be expended on the specific purpose or project before any amount will be paid to the County; therefore, revenues are recognized based upon the expenditures recorded. In the other, monies are virtually unrestricted as to purpose of expenditure and revocable only for failure to comply with prescribed compliance requirements, such as with equal employment opportunity. These resources are reflected as revenues at the time of receipt, or earlier if they meet the availability criterion. BUDGETS AND BUDGETARY DATA The following are the statutory procedures followed by the Board of County Commissioners in establishing the budgets for the County: 1) Within fifteen days after certification of the ad valorem tax roll by the Property Appraiser, the County budget officer prepares and presents to the Board a tentative budget for the ensuing fiscal year. The budget includes all estimated receipts, balances to be brought forward, and all estimated expenditures, reserves and balances to be carried forward at the end of the year as specified in Section 129.03, Florida Statutes. 2) Within eighty days of the certification of value, but not earlier than sixty-five days after certification, the Board holds a public heating on the tentative budget and proposed millage rate. At this hearing the Board amends and adopts the tentative budget, recomputes the proposed millage rate, and announces publicly the percentage, if any, by which the recomputed proposed millage rate exceeds the rolled-back rate. If the millage rate tentatively adopted exceeds that proposed, each taxpayer within the jurisdiction is notified of the increase by first class mail, at the expense of the Board. 3) Within fifteen days of the meeting adopting the tentative budget, the Board advertises the County's intent to adopt a f'mal budget and millage rate. 4) A public heating is held by the Board to finalize the budget and adopt a millage rate. This heating is held not less than two days and not more than five days after the day that the advertisement is first published. Prior to September 30, the millage levy is adopted by a separate vote. In no event is the millage rate adopted allowed to exceed the tentatively adopted millage rate. This is followed by the approval and ratification of the final budget. 35 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED BUDGETS AND BUDGETARY DATA - CONTINUED 5) The resolution approved at the final heating is forwarded to the Property Appraiser, Tax Collector and Florida Departxnent of Revenue; not later than thirty days following the adoption of the Resolution, the Board certifies to the State of Florida, Department of Revenue, Division of Ad Valorem Tax, that it has complied with the provisions of Chapter 200, Florida Statutes. 6) The County Manager approves intradepartmental budget changes less than $50,000 that do not alter the total expenditures of the department. All other budgetary changes must be approved by the Board of County Commissioners as a matter of policy. The initial adopted budget was amended during the fiscal year in accordance with the Florida Statutes. 7) Florida Statute Section 129.07, as amended in 1978, provides that expenditures in excess of total fund budgets are unlawful. However, because the Board approves all budgetary changes between departments, except those approved by the County Manager, the lower of fund or department becomes the level of control. Formal budgetary integration is employed as a management control device during the fiscal year for all fired types. Budgets have been legally adopted by the Board for all Board funds except for agency funds and the following special revenue funds: County Drug Abuse, Impact Fees Escrow, Euclid and Lakeland Assessment. The Property Appraiser and the Tax Collector adopt budgets for their general funds independently of the Board. The Clerk of the Circuit Court (to the extent of his function as ex-officio Clerk to the Board and the amounts of his fee structure as Clerk to the Circuit and County Courts), Sheriffand Supervisor of Elections prepare budgets for their general funds, which are submitted to and approved by the Board. The Sheriff does not prepare a budget for the Sheriff's Grant Fund, Inmate Welfare or Federal Equitable Sharing. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for all governmental funds except as described in the previous paragraph. All unencumbered appropriations lapse at the end of the current year. Capital project costs are budgeted in the year they are anticipated to be obligated. In subsequent years, the unused budget is reappropriated until the project is completed. Proprietary funds are budgeted on a basis consistent with generally accepted accounting principles, except that capital related and debt transactions are based upon cash receipts and disbursements. Estimated beginning fund balances are considered in the budgetary process. For purposes of the budgetary presentation, certain transactions that have been accounted for in the governmental funds statements of revenues, expenses and changes in fund balance have not been reflected in the budgetary financial statements. Specifically, $8,980,457 of transfers from the General Fund and $30,000 of transfers from other non-major governmental funds to the Airport Authority this year represent the conversion of an interfund loan that management has now considered will not be repaid within a reasonable period of time. Under governmental accounting standards, advances that are not expected to be repaid within a reasonable period of time should be treated as transfers for f'mancial statement purposes. CASH AND CASH EQUIVALENTS AND INVESTMENTS The County maintains a cash and investment pool, which is available to all funds. Interest earned is allocated based on the individual fund's average daily balance in the cash pool. Pursuant to the provisions of GASB Statement 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools", all investments are stated at fair value. Cash equivalents are defined as short-term highly liquid investments with maturities of three months or less from the date purchased. Additionally, the individual fund's equity in the cash and investment pool is considered to be a cash equivalent. ~ ACCOUNTS RECEIVABLE - UNBILLED REVENUE Unbilled charges for services are accrued in the County Water and Sewer funds by prorating subsequent bills. 36 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED INVENTORIES AND PREPAID COSTS Inventory is valued at cost which approximates fair value, using the first-in, first-out method. Inventory in the governmental funds consists of expendable supplies held for consumption. The cost is recorded as an expenditure at the time individual inventory items are consumed. Inventories and prepaid costs reported within governmental funds are equally offset by a fund balance reserve which indicates that they do not constitute available spendable resources. Inventories and prepaid costs in the government wide and proprietary fund financial statements are reported as an expense when consumed. CAPITAL ASSETS Land, buildings, improvements and equipment are stated at cost. Pursuant to GASB Statement 33, "Accounting and Financial Reporting for Nonexchange Transactions", capital contributions are recorded as revenue at their fair value on the date donated. Facilities constructed using system development impact fees, collected from developers and customers, are stated at cost. The County capitalizes major expenditures for additions and improvements. Major expenditures include items with a cost of- $750 or more and with a useful life in excess of one year. Expenditures for maintenance and repairs are charged to operating expenses. The cost of assets retired or sold, together with the related accumulated depreciation, is removed from the accounts and any gain or loss on disposition is credited or charged to earnings. Depreciation is calculated using the straight-line method. The estimated useful life of the various classes ofdepreciable fixed assets is as follows: Fixed Asset Estimated Useful Life Buildings 2040 years Infrastructure 30 years Improvements other than buildings 240 years Equipment 4-10 years CAPITAL LEASE OBLIGATIONS In the government-wide fmancial statements and proprietary fund financial statements capital lease obligations and the related cost of assets acquired are reflected in the balance sheet accounts. For capital lease obligations originating in governmental funds, an expenditure for the asset and the offsetting amount of the financing source is reflected in the fund financial statements. BOND DISCOUNTS AND BOND ISSUANCE COSTS In the government-wide fmancial statements and proprietary fund fmancial statements, bond discounts and issuance costs are deferred and amortized over the term of the bonds using the interest method and the straight-line method, respectively. Bond discounts are presented as a reduction of the face amount of bonds payable while issuance costs are recorded as deferred charges, which are shown on the face of the balance sheet as a component of"other assets". DEFEASANCE OF DEBT REPORTED BY PROPRIETARY FUNDS GASB Statement 23, "Accounting and Financial Reporting for Refundings of Debt Reported by Proprietary Activities," is applicable to the proprietary funds. For refundings resulting in the defeasance of debt reported by proprietary activities, this statement requires that the difference between the reacquisition price and the net carrying amount of the old debt be deferred and amortized over the shorter of the life of the new debt or the remaining life of the old debt as a component of interest expense. The straight-line method is used for amortization of the deferred charge. 37 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED INTEREST COST Interest cost' is charged to expense or expenditure as incurred, except for interest capitalized in the proprietary funds, in accordance with the provisions of Financial Accounting Standards Board (FASB) Statement 34, "Capitalization of Interest Cost", and FASB Statement 62, "Capitalization of Interest Cost in Situations Involving Certain Tax-Exempt Borrowings and Certain Gifts and Grants," when applicable. ACCOUNTING TREATMENT FOR IMPACT FEES At receipt, impact fees are recorded as deferred revenue. Generally accepted accounting principles require that impact fee revenue be recognized as corresponding expenditures are incurred. As such, deferred revenue balances in impact fee funds represent accumulations of unspent impact fee proceeds. PROPERTY TAXES Property taxes become due and payable November 1st of each year and become delinquent on April 1st of the following year. Discounts on property taxes are allowed for payments made prior to the April 1st delinquent date as follows: November - 4%, December - 3%, January - 2%, and February - 1%. Tax certificates for the full amount of any unpaid taxes must be sold not later than June 1 st of each year. No accrual for the property tax levy becoming due in November 2002 is included in the accompanying financial statements, since such taxes are collected to finance expenditures of the subsequent period. Property taxes receivable and a 'corresponding allowance for uncollectible property taxes are not included in the financial statements, as there were no significant delinquent property taxes as of September 30, 2002. Key dates in the property tax cycle for the fiscal year ended September 30, 2002 are as follows: Property Tax Cycle Date Assessment roll compiled Assessment roll certified Millage resolution approved Beginning of fiscal year for tax levy Taxes due and payable (levy date) Property taxes payable: Maximum discount Due date Delinquent (lien date) Tax certificates sold January 1, 2001 July 1,200i No later than 95 days following certification of October 1, 2001 November 1,2001 30 days after levy date March 31, 2002 April 1, 2002 Prior to June 1, 2002 38 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED ACCRUED COMPENSATED ABSENCES The County follows the provisions of GASB Statement 16, "Accounting for Compensated Absences". This statement provides for the measurement of accrued vacation leave and other compensated absences using the pay or salary rates in effect at the balance sheet date. It also requires additional amounts to be accrued for certain salary related payments associated with the payment of compensated absences. It is the County's policy to allow employees to accumulate an unlimited number of hours of unused sick leave and up to 240 hours of unused vacation leave. Effective March 1, 1996 the County modified the policy for sick leave pay upon termination. Employees of record on August 2, 1996 may be granted a sick leave payment upon termination for any service period earned prior to August 2, 1996. No employee hired after August 2, 1996 shall receive payment for accrued sick leave upon tennination. Upon tennination, employees are granted 100% of allowable vacation hours at the current rate of pay. Accrued compensated absences are recorded in the government-wide financial statements and the proprietary fired fmancials as a long- term liability. APPLICATION OF FASB PRONOUNCEMENTS TO PROPRIETARY FUNDS In accordance with GASB Statement 20, "Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting", the County has elected not to apply those FASB Statements and Interpretations issued after November 30, 1989. ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting per/od. Actual results may differ from those estimated. NOTE 2 - CASH AND INVESTMENTS The County maintains a cash and investment pool that is available for use by all funds. Each fund type's portion of this pool is displayed on the govemment-wide Statement of Net Assets under the heading of Cash and Investments. Investment income is allocated monthly to participating funds based on the percentage of each fund's average daily balance in the total pool. In addition, certain investments are separately held by trustees in accordance with bond indentures and other contractual agreements. DEPOSITS All cash deposits are held in qualified public depositories pursuant to Florida Statutes Chapter 280, "Florida Security for Public Deposits Act". Under the Act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits, multiplied by the depository's collateral pledging level. The pledging level may range from 50% to 125% depending upon the depository's financial condition. Any losses to public deposits are covered by applicable deposit insurance, sale of securities pledged as collateral, and if necessary, assessments against other qualified public depositor/es of the same type as the depository in default. At September 30, 2002 the County had demand deposits with a book balance and a bank balance of $12,017,549 and $17,395,199, respectively. These demand deposits include discretely presented component unit deposits with a book balance and a bank balance of $116,137. These deposits were fully covered by federal depository insurance or by collateral, in the County's name as required by Sections 280.07 and 280.08 of the Florida Statutes. 39 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 2 - CASH AND INVESTMENTS - CONTINUED INVESTMENTS The Counts investment practices are governed by Florida Statutes 125.31 and the County's investment policy which was adopted by County Ordinance 87-65. The County is authorized to invest in obligations of the U.S. Treasury, its agencies and instrumentalities, commercial paper, bankers' acceptances, repurchase agreements, certificates of deposits and the Local Government Surplus Funds Trust Fund. The Local Government Surplus Funds Trust Fund (SBA) is maintained by the State of Florida. The County invested in the SBA throughout the year, and had a balance in the pool as of September 30, 2002, as reported below. The SBA met the Governmental Accounting Standards Board's defmition of a "2a-7 like" pool as of September 30, 2002. The SBA investment book balance is equal to the share value of the pool, valued at amortized cost, which constitutes fair value at September 30, 2002. As with any investment, the securities held by the County are sensitive to different elements of risk. market, legal and credit risk. The major risks are Market risk relates to the risk that the market value of an investment will decline during the life of the investment. The level of market risk is determined by such factors as the length of time before the investment matures and the likelihood of an investment being sold before its maturity in order to meet operational requirements. Legal risk is the exposure to a transaction being determined to be prohibited by law, regulation or contract. Management believes the level of legal risk exposure to the County's portfoho is minimal. Credit risk relates to whether or not the County will be able to recover its investments in a security at the maturity date. The County's investments are categorized to provide an indication of the level of credit risk assumed by the County. Category 1 includes investments that are insured or registered, or securities held by the County or its agent in the County's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's mast department or agent in the County's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty or by its trust department or agent, but not in the County's name. Investments that are not evidenced by securities in physical or book entry form are not categorized. At September 30, 2002 the County's investments, including cash equivalents, were categorized as 'follows: Credit Risk Category Cate$ory 1: U.S. Agency Securities U.S. Treasmy Obligations Total Category 1 Not Categorized: Local Government Surplus Funds Trust Fund Total investments, including cash equivalents Government-Wide Agency Funds Fair Value Fair Value $ 225,201,545 5,529,741 112,194,534 4,445,392 337,396,079 9,975,133 44,345,448 14,609,294 $ 381,741,527 24,584,427 Total 230,731,286 116,639,926 347,371,212 58,954,742 406,325,954 40 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 2 - CASH AND INVESTMENTS - CONTINUED Reconciliation of cash and investments to the government wide financial statements, as of September 30, 2002: Change funds and petty cash Demand deposits Investments, including cash equivalents Total cash and investments Current: Cash and investments Restricted: Cash and investments Total cash and investments Government Agency Wide Funds Total $ 14,700 - 14,700 12,017,549 4,754,337 16,771,886 381,741,527 24,584,427 406,325,954 $ 393,773,776 29,338,764 423,112,540 $ 325,325,523 29,338,764 354,664,287 68,448,253 68,448,253 $ 393,773,776 29,338,764 423,112,540 NOTE 3 - TRADE RECEIVABLES Trade receivables are net of an allowance for doubtful accounts as follows: Trade Receivables Governmental-type activities: General Fund $ 1,775,446 Unincorporated Areas 258,895 Road Impact Districts 2,758 Nonmaj or governmental funds 879,519 Total Governmental-type activities $ 2,916,618 Business-type activities: County Water and Sewer Solid Waste Disposal Emergency Medical Services Nonmajor enterprise funds Total Business-type activities Internal service funds: $ 3,874,669 1,417,167 12,362,121 46,680 $ 17,700,637 $ 156,609 Allowance for Doubtful Accounts (35,134) (26,724) (283,127) (344,985) (! 1,433,980) (11,433,980) Net Trade Receivables 1,740,312 232,171 2,758 596,392 2,571,633 3,874,669 1,417,167 928,141 46,680 6,266,657 156,609 41 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 13A NOTE 4 - INTERFUND BALANCES Due from and due to other funds at September 30, 2002 were as follows: Governmental Activities: General Fund Unincorporated Areas Road Impact Districts Nonmajor governmental funds: Road Districts Water Management and Pollution Control Grants and Shared Revenues Improvement Districts ShefiWs Grants Fire Control Districts Miscellaneous Florida Statutes Fee Collections Lighting Districts 911 Enhancement Fee Tourist Development State Housing Initiative Parmership 800 MHZ IRCP Fund Account Teen Corot Inmate Welfare Criminal Justice State Court Administration Law Enforcement Training Utility Fee Legal Aid Society Federal Equitable Sharing Domestic Violence Parks and General Obligation Refunding Bonds Road and Other Improvements Stormwater Improvement Assessment Bonds County-Wide Capital Improvements Parks Improvements County-Wide Library Parks Impact Districts Correctional Facilities Impact Fee Emergency Medical Service Road Construction Water Management Other Capital Projects Total nonmajor governmental funds Business-type activities: County Water and Sewer Solid Waste Disposal Emergency Medical Services Internal Service Funds Agency Funds Total All Funds Due From $ 1,593,095 256,433 154,954 150 3O,004 5,894 9,090 34,205 7,067 1,245 4,566 408,585 3,733 1,206 225,723 4,771 315,568 72 23,608 740 4 3,780 216 354 776 13,209 5,497 22,838 3,067 2,260 1,464,539 1,071 59,800 2~653~638 19,920 4,759,583 1,555,569 202~783 $ 11~195~975 Due To 2,299,466 12,645 1,465,176 837 629,147 14,528 483 23,359 23,874 134,508 12,923 89,960 5 442 216 4,750,000 110,844 79 60,576 5~851,781 3,174 551 113 5,384 1~557~685 11~195~975 42 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 4 - INTERFUND BALANCES -CONTINUED Interfund receivables and payables generally represent recurring activities between funds as well as temporary deficit cash balances. Advances tc; and advances from other funds at September 30, 2002 were as follows: Advance To Advance From Governmental-type activities: General Fund Advances have been made from the General Fund to the Other Capital Projects Fund for capital improvements. Reimbursement of $59,776 will occur within the next year. Total General Fund 392,147 392,147 Nonmajor governmental funds: Special Revenue Fund Improvement Districts Fund Advances have been made from the Other Capital Projects Fund to the Improvement Districts Fund for purposes of capital improvement. Reimbursement of $300,000 will occur within the next year. Capital Projects Funds Other Capital Project Funds Total nomnajor governmental funds 500,000 500,000 392,147 500,000 892,147 $ 892,147 892,147 Total NOTE 5 - CAPITAL ASSETS A smmmry of capital asset activity for the year ended September 30, 2002 is as follows: Governmental activities: Land and other non-depreciable assets $ Construction in progress Total assets not depreciated Buildings Infi'astructure Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total depreciable assets, net Total governmental activities capital assets, net $ October 1, 2001 Additions Deductions September 30, 2002 44,892,379 18,926,0 l 5 63,8 l 8,394 5,896,539 66,482,441 41,998,557 30,380,423 50,788,918 85,408,456 41,998,557 94,198,817 122,534,224 13,702,687 136,236,911 252,300,183 24,418,140 276,718,323 60,144,872 3,294,524 63,439,396 86,581,847 16,278,085 5,258,710 97,601,222 521,561,126 57,693,436 5,258,710 573,995,852 175,156,705 23,969,035 4,384,217 194,741,523 346,404,421 33,724,401 874,493 379,254,329 397,193,339 119,132,857 42,873,050 473,453,146 43 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 5 - CAPITAL ASSETS - CONTINUED Business activities: County Water and Sewer: Land and othei' non-depreciable assets $ Construction in progress Total assets not depreciated Buildings Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total depreciable assets, net Total capital assets, net Solid Waste: Land and other non-depreciable assets Total assets not depreciated Buildings Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total depreciable assets, net Total capital assets, net Emergency Medical Services: Buildings Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total capital assets, net Nonmajor Enterprise Funds: Land and other non-depreciable assets Construction in progress Total assets not depreciated Buildings Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total depreciable assets, net Total capital assets, net Total Business-type activites: Land and other non-depreciable assets Construction in progress Total assets not depreciated Buildings Improvements other than buildings Machinery and equipment Total assets depreciated Less: accumulated depreciation Total depreciable assets, net Total business activities capital assets, net $ October 1, 2001 Additions Deductions September 30, 2002 4,599,010 4,599,0 l 0 53,940,509 61,498,034 14,751,554 100,686,989 58,539,519 61,498,034 14,751,554 105,285,999 115,374,806 115,374,806 364,704,764 22,792,636 387,497,400 8,690,209 1,913,118 677,351 9,925,976 488,769,779 24,705,754 677,351 512,798,182 112,525,064 12,798,267 538,164 124,785,167 376,244,715 11,907,487 139,187 388,013,015 434,784,234 73,405,521 14,890,741 493,299,014 1,520,754 1,520,754 1,520,754 1,520,754 253,666 253,666 10,210,279 3,852 10,214,131 1,216,397 285,132 32,492 1,469,037 11,680,342 288,984 32,492 11,936,834 7,065,234 406,368 19,781 7,451,821 4,615,108 (117,384) 12,711 4,485,013 6,135,862 (117,384) 12,711 6,005,767 221,588 221,588 75,126 75,126 3,888,016 39,441 3,927,457 4,184,730 39,441 4,224,171 835,479 400,144 (75) 1,235,698 3,349,251 (360,703) 75 2,988,473 1,289,765 1,289,765 1,508,961 1,643,557 456,616 2,695,902 2,798,726 1,643,557 456,616 3,985,667 3,470,450 3,470,450 8,259,045 456,616 8,715,661 739,405 11,716 727,689 12,468,900 456,616 11,716 12,913,800 3,135,451 787,639 9,719 3,913,371 9,333,449 23,918,115 667,632 9,000,429 12,132,175 25,561,672 1,124,248 12,986,096 7,409,529 7,409,529 55,449,470 63,141,591 15,208,170 103,382,891 62,858,999 63,141,591 15,208,170 110,792,420 119,320,510 119,320,510 383,249,214 23,253,104 406,502,318 14,534,027 2,237,691 721,559 16,050,159 517,103,751 25,490,795 721,559 541,872,987 123,561,228 14,392,418 567,589 137,386,057 393,542,523 11,098,377 153,970 404,486,930 456,401,522 74,239,968 15,362,140 515,279,350 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 5 - CAPITAL ASSETS - CONTINUED Schedule of governmental activities depreciation by fimctional area for fiscal year 2002: General Government $ 4,112,079 Public Safety 3,726,941 Physical Enviroment 3,263,176 Transportation 8,800,035 Economic Environment 5,330 Human Services 433,031 Culture and Recreation 3,628,443 Total $ 23,969,035 NOTE 6 - LONG -TERM OBLIGATIONS SUMMARY OF CHANGES IN LONG-TERM OBLIGATIONS The following is a summary of changes in long-term obligations for the year ended September 30, 2002: 000's Omitted October 1, Additions, Discount/Loss September 30, 2001 net Reductions Armrtized 2002 Governmental Activities: Bonds Payable $ 43,560 47,181 (5,010) 9 85,740 Loans and Notes Payable 25,239 8,250 (24,233) 9,256 Arbitrage Rebate 331 - (119) 212 Leases Payable 1,471 29 (709) 791 Retainage Payable 363 - (363) - Compensated Absences 10,442 1,106 11,548 Total $ 81,406 56,566 (30,434) 9 107,547 October 1, Additions, DiscountJLoss September 30, 2001 net Reductions Amortized 2002 Business-type Activities: Bonds Payable $ 77,298 - (4,614) 514 73,198 Loans and Notes Payable 39,392 2,850 (1,873) 40,369 Arbitrage Rebate 25 32 57 Leases Payable 513 - (186) 327 Landfill Closure Liability 3,581 3,581 Compensated Absences 1,209 156 1,365 Total $ 122,018 3,006 (6,641) 514 118,897 October 1, Additiom, Discount/Loss September 30, 2001 net Reductions Amortized 2002 Due within one yefir 7,150 310 52O 1,365 9,345 Due within one ),ear 4,280 2,321 166 52 6,819 DUe within one Fear Internal service funds Leases Payable $ 91 (40) 51 41 Compensated Absences 67 29 96 12 Total 158 29 (40) 147 53 45 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 6 - LONG - TERM OBLIGATIONS - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE Bonds and notes payable at September 30, 2002 were composed of the following: General Obligation Bonds $5,030,000 1996 Public Park and Recreation Municipal Service Taxing Unit General Obligation Refunding Bonds due in annual installments of $65,000 to $795,000 through July 1, 2003; interest at 4.00% to 4.20%. $ 795,000 Limited Obligation Revenue Bonds $5,000,000 1973 Improvement Revenue Certificates due in annual installments of $25,000 to $350,000 through July 1, 2003; interest at 5.50% to 6.25%. Race track revenues are pledged for the payment of these bonds. $8,225,000 1992 Capital Improvement Revenue Refunding Bonds due in annual installments of $240,000 to $635,000 through October 1, 2013; interest at 2.70% to 5.80%. Local government half-cent sales tax revenue is pledged for the debt service on these bonds. $30,415,000 1994 Capital Improvement Revenue Refunding Bonds due in annual installments of $1,090,000 to $2,790,000 through October 1, 2012; interest at 4.35% to 6.00%. Local government half- cent sales tax revenue is pledged for the debt service on these bonds. $5,770,000 1995 Road Improvement Refunding Revenue Bonds due in annual installments of $290,000 to $510,000 through June 1, 2010; interest at 3.60% to 5.375%. Ninth cent and seventh cent gas tax revenues are pledged for debt service on these bonds. $2,145,000 1996 Guaranteed Entitlement Revenue Refunding Bonds due in annual installments of $175,000 to $360,000 through October 1, 2002; interest at 4.19% fixed rate. State revenue sharing receipts are pledged for the debt service on these bonds. $13,000,000 1997 Special Obligation Revenue Bonds due in annual installments of $965,000 to $2,560,000 through March 1, 2004; interest at 3.70% to 4.35%. Non ad valorem revenues are pledged for debt service on these bonds. $1,870,000 1997 Naples Park Area Stormwater Improvement Assessment Bonds due in annual installments of $75,000 to $185,000 through September 1, 2012; interest at 6.45% fixed rate. Stormwater improvement assessment proceeds are pledged for the debt service on these bonds. $47,430,000 2002 Capital Improvement Revenue Bonds due in annual installments of $1,780,000 to $2,830,000 through October 1, 2021; interest at 1.60% to 5.00%. Local government half-cent sales tax revenue is pledged for the debt service on these bonds. Total Governmental Activities Limited Obligation Revenue Bonds 350,000 5,700,000 23,560,00O 3,515,000 360,000 2,840,000 1,430,000 47,430,000 $ 85,185,000 46 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 6 - LONG -TERM OBLIGATIONS - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED Govemmental Activities Notes Payable $10,385,000 Commercial Paper issued by the Florida Local Government Finance Commission Pooled Commercial Paper Program, variable rate for the current fiscal year of 1.41% to 2.39%, collateralized by non ad valorem revenue. $ Total Governmental Activities Obligations Unamortized Bond Discount Governmental Activities Obhgations (Net) Less Current Portion of Governmental Activities Obligations Long-Term Portion of Governmental Activities Obligations $ Business-type Activities Revenue Bonds $24,225,000 1994 Taxable County Water and Sewer Refunding Revenue Bonds due in annual installments of $375,000 to $2,315,000 through July 1, 2010; interest at 3.35% to 6.85%. Principal and interest are payable from the net operating revenues of the system, system development fees and special assessment collections. $40,320,000 1994 County Water and Sewer Refunding Revenue Bonds due in annual installments of $55,000 to $4,315,000 thrOugh July 1, 2021; interest at 3.0% to 5.25%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable County Water and Sewer Refunding Revenue Bonds. $6,605,000 1999A Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $35,000 to $1,035,000 through July 1, 2010; interest at 3.00% to 4.25%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable County Water and Sewer Refunding Revenue Bonds. $22,855,000 1999B Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $950,000 to $1,875,000 through July 1, 2016; interest at 4.00% to 5.125%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable County Water and Sewer Refunding Revenue Bonds. Total Business4ype Activities Revenue Bonds Unamortized Bond Discount Deferred Loss on Bond Refunding Business-type Activities Revenue Bonds (Net) Less Current Portion of Bonds Payable from Restricted Assets Long-Term Portion of Business-type Activities Revenue Bonds (Net) 9,256,000 95,236,000 (240,375) 94,995,625 (7,460,000) 87,535,62~ 14,920,000 37,585,000 6,325,000 19,895,000 78,725,000 (1,614,386) (3,913,044) 73,197,570 (4,280,000) 68,917,570 47 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 6 - LONG -TERM OBLIGATIONS - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED Business- _type Activities Notes Payable $5,890,100 County Water and Sewer District note payable to private water and sewer company, payable through use of water and sewer system development fee credits by company or its assignees, or, to the extent of unused credits, payable at the current cash value of the credits (minimum of the original face value) in 2006. Non-interest bearing note; interest imputed at 7.00%. $569,974 County Water and Sewer District note payable to private developers, payable through use of water and sewer system development fee credits. Non-interest bearing note. $166,580 County Water and Sewer District agreement with private developers payable through use of water and sewer system development fee credits. Non-interest bearing agreement. $14,547,667 County Water and Sewer District State Revolving Fund Loan, interest payable at 4.25% repayable in 20 annual payments commencing October 1, 1992, collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County Water and Sewer System, proceeds derived from the levy of special assessments levied upon the properties benefited by the project, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. $13,292,898 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.65% repayable in 40 semiannual payments commencing January 15, 1999, collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. $19,118,567 County Water and Sewer District State Revolving Fund Loan to be drawn down as required for construction commitments, interest payable at 3.05% repayable in 40 semiannual payments commencing November 15, 2001, collateralized by a lien on pledged revenues consisting of net revenues (as def'med in the loan resolution) from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. $6,082,775 County Water and Sewer District State Revolving Fund Loan to be drawn down as required for construction commitments, interest payable at 3.05% repayable in 40 semiannual payments commencing October 15, 2004, collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. Total Business-type Activities Notes Payable Less Current Portion of Notes Payable from Unrestricted Assets Less Current Portion of Notes Payable from Restricted Assets Long-Term Portion of Business type Activities Notes Payable (Net) 2,391 52,983 54,035 8,506,320 11,453,622 19,118,567 1,180,775 40,368,693 (109,409) (2,211,648) 38,047,636 48 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 6 - LONG -TERM OBLIGATIONS - CONTINUED SUMMARY OF DEBT SERVICE REQUIREMENTS TO MATURITY The total annual debt service requirements to maturity of long-term obligations, excluding compensated absences, retainage payable, capitalized leases, discounts and arbitrage rebate liability, are as follows: Business-type Govemmental Governmental Activities Business-type Activities Activities Revenue Activities Bonds Notes Payable Bonds Notes Payable Principal Interest Principal Interest Principal Interest Principal Interest Totals 2003 $ 6,690,000 3,949,069 770,000 313,346 4,280,000 4,051,029 2,032,623 1,381,445 23,467,512 2004 7,075,000 3,659,526 1,960,000 249,266 4,475,000 3,848,329 2,012,202 1,443,676 24,722,990 2005 5,375,000 3,423,800 2,496,000 161,723 4,270,000 3,631,942 2,134,088 1,401,090 22,893,643 2006 5,590,000 3,200,513 1,650,000 96,576 4,480,000 3,417,502 2,216,865 1,318,314 21,969,770 2007 5,825,000 2,949,162 1,740,000 33,829 4,715,000 3,184,212 2,302,980 1,232,198 21,982,381 2008-12 28,850,000 10,509,469 640,000 3,880 26,005,000 11,877,839 12,933,561 4,742,328 95,562,077 2013-17 13,975,000 4,521,255 23,230,000 4,958,486 9,903,923 2,468,983 59,057,647 2018-22 12,600,000 1,636,250 7,270,000 978,337 6,679,716 638,469 29,802,772 2023-27 152,734 5,868 158,602 Totals $ 85,980,000 33,849,044 9,256,000 858,620 78,725,000 35,947,676 40,368,692 14,632,371 299,617,403 INTEREST CAPITALIZED Interest costs on long-term obligations incurred and capitalized during the year ended September 30, 2002 were as follows: Business type Activities Total Interest Interest Cost Net Interest Cost Incurred Capitalized Expense $ 5,983,319 (25,860) 5,957,459 LEGAL DEBT MARGIN The Constitution of the State of Florida and the Florida Statutes set no legal debt limit. 49 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 6 - LONG -TERM OBLIGATIONS - CONTINUED RESTRICTIVE COVENANTS Official statements and County resolutions authorizing the general obligation and revenue bonds establish certain accounts and determine the order in which certain revenues are to be deposited into those accounts as well as establish reserve requirements. All required balances were maintained. Water and sewer revenue bonds are payable solely from and secured by a first lien upon and pledge of the net revenues and certain other fees and charges derived from the operation of the County's water and sewer system. The pledge of the net revenues derived by the County from the operation of the water and sewer system does not constitute a lien upon the water and sewer system or any other property of the County. The covenants of the resolutions authorizing the County Water and Sewer District Bonds, Series 1994, 1999A and 1999B include, among other things, an obligation for the County to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services and facilities of the water and sewer system, and to revise the same from time to time whenever necessary, so as to always provide in each year net revenues, as defmed in the resolutions authorizing the revenue bonds, which together with the system development fees and special assessment proceeds received in each fiscal year shall be adequate to pay at least 125% of the annual debt service requirements for the Water and Sewer Bonds;-- provided, however, that net revenues in each fiscal year shall be adequate to pay at least 100% of the annual debt service for the bonds. In the opinion of management, the water and sewer funds were in compliance with these covenants for the year ended September 30, 2002. LEASE OBLIGATIONS Capitalized leases payable at September 30, 2002 amounted to $1,169,290. These obligations, which are collateralized by equipment and vehicles, have annual installments ranging from $30,175 to $768,574 including interest ranging from 3.96% to 6.66% and mature through 2007. Future minimum capital lease obligations as of September 30, 2002 were as follows: Governmental-type Business-type Internal Activities Activities Service Total 2003 $ 549,184 2004 172,842 2005 43,970 2006 43,970 2007 30,175 Total minimum lease payments 840,141 Less amount representing interest (48,845) Present value of minimum lease payments $ 791,296 177,290 42,100 768,574 92,942 10,762 276,546 50,047 94,017 25,023 68,993 30,175 345,302 52,862 1,238,305 (18,456) (1,714) (69,015) 326,846 51,148 1,169,290 50 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 7 - REVENUE BONDS ADMINISTERED BY THE STATE OF FLORIDA Section 206.41, Florida Statutes, imposes an excise tax on motor fuel sold in Florida. This tax is known as the Constitutional Gas Tax (also known as the 5th and 6th Cent Gas Tax). This tax is collected by the State Department of Revenue and transmitted to the State Board of Administration. The State Board of Administration makes payments necessary t6 reduce the bonded indebtedness issued pursuant to the provisions of the State Constitution for road and bridge purposes. Excess taxes are transmitted to the State Department of Transportation, which can appropriate funds for work done in Collier County and also transmit funds to the County itself to fund highway capital improvements. In accordance with the above, the State Board of Administration administers Collier County Road Bond Certificates of Indebtedness dated 1979, of which $4,220,000 is outstanding as of September 30, 2002. This issue is not recorded in the general long-term debt account group because the principal and interest are required to be paid solely fxom the gross revenue of the Constitutional Gas Tax administered by the State Board of Administration. These bonds are not an indebtedness of Collier County. NOTE 8 - CONDUIT DEBT OBLIGATIONS COMPONENT UNIT CONDUIT DEBT The Industrial Development Authority, Housing Finance Authority, Health Facilities Authority and Educational Facilities Authority, all component units of Collier County, issue debt instruments for the purpose of providing capital financing to independent third parties. Industrial development revenue bonds have been issued to provide ffmancial assistance to public entities for the acquisition and construction of industrial and commercial facilities. Housing revenue bonds have been issued for the purpose of financing the development of multi-family residential rental communities. The health facility revenue bonds were issued to provide fmancing for the construction of a health park facility. The educational facility revenue bonds were used to provide fmancing for the construction of educational facilities. These bonds were secured by the financed property, a letter of credit or a corporate guarantee. The primary revenues pledged to pay the debt are those revenues derived from the project or facilities constructed. Neither the issuer, nor the County is obligated in any manner for repayment of the bonds. Therefore, the bonds are not reported as liabilities in the accompanying financial statements. As of September 30, 2002 the outstanding principal amount payable on all component unit conduit debt was $222,023,350 and is made up of the following: Industrial development revenue bonds Housing revenue bonds Health facilities revenue bonds Educational facilities revenue bonds 89,479,227 85,225,000 42,075,000 5,244,123 Total $ 222,023,350 $17,335,000 Pine Ridge Industrial Park and Naples Production Park Special Assessment Bonds, Series 1993 During September 1993, the County issued, on behalf of the property owners within the Naples Production Park and Pine Ridge Industrial Park Districts, $17,335,000 of special assessment bonds. The bond proceeds from the issue were used to repay amounts previously borrowed under the County's line of credit arrangement. Special assessments are pledged by property owners within the Districts. The County is not obligated to repay the special assessment debt if sufficient assessment funds are not available. The County functions as agent for the property owners in collecting the assessments, forwarding the collections to bondholders, and initiating foreclosure proceedings, if appropriate. The special assessments received and the related debt service payments are accounted for in an agency fund on behalf of the property owners. As of September 30, 2002 these bonds have an outstanding principal amount of $9,445,000. 51 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 9 - DEFEASED DEBT The County has defeased certain outstanding bond issues by placing the proceeds of new bonds in irrevocable trusts to provide for all future debt service payments on the defeased debt. Accordingly, the trust accounts and the defeased bonds are not included in the County's financial statements. At September 30, 2002 the following issues were considered defeased: Governmental Activities 1986 Capital Improvement Program Revenue Bonds, Sub-Series 5 Mode A $ Total Defeased Governmental Activities Long-Term Obligations $ Defeased Bonds Oril~inal Debt Outstanding 12,245,000 7,655,000 12,245,000 7,655,000 Business-t)q~e Activities 1983 County Water and Sewer District Refunding Bonds Total Defeased Business Type Activities Long-Term Obligations Debased Bonds Original Debt Outstanding $ 22,000,000 13,445,000 $ 22,000,000 13,445,000 NOTE 10 - PENSION PLAN OBLIGATIONS RETIREMENT PLAN Substantially all full time and part time employees of the County are eligible to participate in the State of Florida Retirement System (the System), a cost sharing, multiple employer defined benefit plan admimstered by the State of Florida, Division of Retirement. The System is a de£med benefit plan for all state, and participating county, district board, commumty college and umversity employees. The County follows the provisions of GASB 27, "Accounting for Pensions by State and Local Governmental Employers", as described in the following disclosure. PLAN DESCRIPTION Employees who are regular risk members and retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6 percent of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest years of salary eamed during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5 percent for each year prior to normal retirement age or date. The System also provides death and disability benefits as well as annual cost-of-living adjustments to plan participants and beneficiaries. The Florida Legislature established the System under Chapter 121, Florida Statutes and Chapter 22B, Florida Administrative Code. The Florida Legislature has sole authority to amend benefit provisions. Special Risk Class members qualify for normal retirement with 10 years of special risk service and are age 55 or with 25 years of special risk service at any age. The monthly benefit payable is equal to 2-3 percent of their average final compensation for each year depending on the percent in effect during the service period. Vested employees may retire before age 55 and receive benefits that are reduced 5 percent for each year prior to normal retirement age or date. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a System employer. The act of participating in the program does not change the individual employee's employment conditions. When the DROP period ends, a maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost- of-living increases). 52 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 10 - PENSION PLAN OBLIGATIONS - CONTINUED PLAN DESCRIPTION - CONTINUED The System publishes an unaudited annual report that provides ten-year historical trend information regarding progress made in accumulating sufficient assets to pay benefits when due. The report may be obtained by writing to Research Education and Policy Section, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706, or accessing their intemet site at www.frs.state.fl.us. FUNDING POLICY The System is non-contributory for employees and the County is required to contribute at an actuarially determined rate. During the fiscal year, the effective rate was 10% of annual covered payroll. The contributions of the County are established by the State Legislature and therefore subject to amendment. The County's contributions to the System for the years ending September 30, 2002, 2001 and 2000 were $13,948,208, $13,627,022 and $12,802,209, respectively, which was equal to the required contribution. NOTE 11 - TRANSFERS Transfers for the year ended September 30, 2002 were as follows: Transfers to Fund Transfers from Fund Amount Governmental Activities: General Fund Unincorporated Areas Emergency Medical Services Internal Service County Water and Sewer Solid Waste Disposal Unincorporated Areas Nonmaj or govemmental Nonmajor enterprise funds General Fund Nonmajor govermnental $ 7,930,000 128,500 2,797 8,480 410,016 21,864,988 8,980,457 1,547,351 1,902,230 Nonmajor governmental General Fund Unincorporated Areas Nonmajor governmental Nonmajor enterprise funds 418,500 50,000 10,243,906 30,000 Business-type Activities: County Water and Sewer Solid Waste Disposal Emergency Medical Services Nonmajor enterprise funds Totals Unincorporated Areas 20,000 General Fund 807,136 General Fund 293,829 Nonmajor governmental 6,000 General Fund 23,400 General Fund 98~000 $ 54,765,590 Transfers between funds are primarily to move unrestricted revenues collected in funds to finance various programs accounted for in other funds in accordance with budgetary authorizations. However, during fiscal year 2002, transfers of $9,010,457 to the Airport Authority were used to offset the reduction of an interfund balance of the same amount. 53 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 12 - NET ASSETS Net assets represent the difference between total assets and total liabilities. Net assets is further categorized as follows: Invested in capital assets, net of related debt: Total capital assets, net of debt issued in the acquisition and construction of these assets 'and net of depreciation is reported separately in the net assets section. Restricted for renewal and replacement: Balances are reserved in conjunction with the issuance of County water and sewer bond issues. They are funded by transfers from the operating accounts of the appropriate funds. The use of monies in the renewal and replacement fund is restricted to funding the cost of extensions, enlargements, additions and replacement or major repair of capital assets. Restricted for debt service: Balances are reserved in conjunction with the issuance of bonds. They have been funded by initial deposits from the bond proceeds and by transfers from the operating accounts of the appropriate funds. The use of monies in the sinking fund is restricted to the payment of principal and interest on long-term debt. Unrestricted: Balances are not reserved for specific purposes. The following categories are used for reporting governmental fund balances in the fund financial statements. Fund Balances Reserved Reserved for prepaid costs: Balances represent insurance, travel and other expenses paid in advance and which are not considered available and spendable resources. Reserved for inventory: Balances represent items which are not considered available and spendable resources. Reserved for advances to other funds: Balances represent long-term advances made to other funds which do not constitute expendable and available financial resources. Reserved for notes receivable: Balances represent loans made to individuals which do not constitute expendable and available financial resources. Reserved for encumbrances: Balances are segregated for expenditure upon vendor performance. Reserved for debt service: Balances represent monies legally restricted to the payment of principal and interest on long- '. term debt. Fund Balances Unreserved Unreserved, reported in general fund: Balances in the general fund not reserved for specific purposes. Unreserved, reported in special revenue funds: Balances in the special revenue funds not reserved for specific purposes. Unreserved, reported in debt service funds: Balances in the debt service funds not reserved for specific purposes. Unreserved, reported in capital project funds: Balances in the capital project funds not reserved for specific purposes. 54 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 13 - RISK MANAGEMENT COUNTY'S SELF-INSURANCE The County is exposed to various risks of loss related to tort; theft of, damage to and destruction of assets; errors and omissions; ifljtmes to employees and natural disasters. A self-insurance internal service fund is maintained by the County to administer insurance activities relating to workers' compensation, health and property and casualty, which covers general, property, auto, public official and crime liabilities. Under these programs, the self-insurance fund provides coverage up to a maximum amount for each claim. The County purchases commercial insurance for claims in excess of coverage provided by the self-insurance fund and for all other covered risks of loss. Claim Type Property claims Auto liability claims Employee health claims Workers' compensation claims County's Coverage $100,000 each $100,000 each $175,000 each $150,000 each Excess Carrier's Coverage $100,000- $335,224,806 $100,000- $1,000,000 $175,000- $1,000,000 $150,000- $400,000 The aggregate loss exposure on workers' compensation and property and casualty claims is $2,000,000. Settled claims have not exceeded the insurance provided by third party carriers in any of the past four years. All divisions of the County, excluding the Sheriff, participate in this program. Charges to operating departments are based upon amounts believed by management to meet the required annual payouts during the fiscal year and to pay for the estimated operating costs of the programs. For the fiscal year ended September 30, 2002 the operating departments were charged $20,727,866 for workers' compensation, health and property and casualty self-insurance programs. The claims loss reserve for workers' compensation, health and property and casualty of $7,096,000 reported at September 30, 2002 was calculated by third party actuaries based upon GASB Statement 30, "Risk Financing Omnibus", which requires that a liability for claims be reported when it is probable that a loss has been incurred and the amount of that loss can be reasonably estimated. The estimated liabilities for unpaid losses related to workers' compensation and property and casualty were discounted at 4.5%. SHERIFF'S SELF-INSURANCE The Sheriff participates in the State-wide Florida Sheriffs Self-Insurance Fund for its professional liability insurance. The fund is managed by representatives of the participating Sheriff offices and provides professional liability insurance to participating Sheriff agencies. The Florida Sheriffs Self-Insurance Fund provides liability insurance coverage subject to the following limitations: $2,100,000 for any claim involving a single individual, $2,200,000 for any incident which involves multiple claims and aggregate, $2,300,000 ultimate net loss per Sheriff during any policy period. The Sheriff also participates in the Florida Sheriffs Self-Insurance Fund program for workers' compensation coverage. The Florida Sheriffs Association Workers' Compensation Insurance Trust (FSAWIT) is a limited self-insurance fund providing coverage for the first $250,000 of every claim. Re-insurance is provided through a third party insurer for all claims exceeding $250,000. Settled claims have not exceeded the insurance provided by third party carriers in any of the past three years. 55 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 13 - RISK MANAGEMENT - CONTINUED SHERIFF'S SELF-INSURANCE - CONTINUED Premiums charged to participating Sheriffs are based upon amounts believed by Fund management to meet the estimated annual payo'ut during the fiscal year and to pay for the estimated operating costs of the program. All liabilities associated with these self-insured risks are reported in the basic f'mancial statements of the Statewide Florida Sheriff's Self-Insurance Fund. The Sheriff has also established a self-funded employee health plan. An internal service fund is used to account for the activities of the plan. Excess coverage has been purchased which provides specific claim excess coverage for any one incident exceeding $150,000 up to $1,000,000 and aggregate limits excess coverage for total claims paid by the Sheriff, which exceeds $7,431,860 for any coverage year. Payments to the internal service fund are based on actuarial estimates of amounts needed to pay prior year and current year claims. CHANGES IN SELF-INSURANCE CLAIMS PAYABLE Changes in the self-insurance claims payable for fiscal years 2001 and 2002 were as follows for the County and Sheriff self-insurance programs: Balance October 1, 2000 Current year claims incurred and changes in estimates Claim payments Balance September 30, 2001 Current year claims incurred and changes in estimates Claim payments Balance September 30, 2002 Property and Group Workers' Casualty Health Compensation $ 1,576,000 3,242,000 2,700,000 Total 7,518,000 1,169,931 14,571,137 1,204,024 16,945,092 (1,006,931) (14,233,637) (1,200,024) (16,440,592) 1,739,000 3,579,500 2,704,000 8,022,500 1,704,754 21,507,583 456,607 23,668,944 (1,147,754) (20,766,083) (619,607) (22,533,444) 2,296,000 4,321,000 2,541,000 9,158,000 NOTE 14 - LANDFILL LIABILITY On May 1, 1995 the County entered into an agreement with a company for the privatization of the County's landfill operations. Under the contract, the company is responsible for the daily operations, capital improvements, closure, postclosure and financial assurance requirements of the active cells within the Naples and Immokalee landfill sites. At this time there is no reason for management to believe that the contractor will not be financially capable of meeting the closure and postclosure responsibilities of the contract. Collier County is responsible for the postclosure costs relating to two cells at the Naples landfill site, and one cell at the Immokalee landfill site. None of the cells that Collier County is responsible for has accepted waste since December 1989. The County is also responsible for staffing and operating the scale house at each site. 56 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 14 - LANDFILL LIABILITY - CONTINUED In accordance with U.S. Environmental Protection Agency role "Solid Waste Disposal and Facility Criteria" and GASB Statement ! 8, "Accounting for Municipal Solid Waste Landfill Closure and Postclosure Care Costs", a liability has been established representing amounts estimated to be spent on postclosure relating to the three cells for which Collier County is responsible. The Solid Waste Disposal fund currently holds an amount in restricted cash and investments for the postclosure landfill liability. The County's estimated liability in connection with the landfills is included in the government-wide financial statements in the business-type activities Statement of Net Assets. The landfill liability will be reassessed on an annual basis, and any increase due to inflation, changes in technology or additional postclosure care requirements will be recorded as a current cost. The County has an escrow account in the amount of $10,000 to comply with Rule 62-701.630, Florida Administrative Code for Immokalee Landfill #1. These funds are restricted for the exclusive use of the Immokalee Landfill # 1 site's long-term care. There were no deposits or withdrawals to this account in fiscal year 2002. NOTE 15 - CHANGE IN ACCOUNTING PRINCIPLES Effective for the fiscal year beginning October 1, 2001 Collier County was required to adopt the provisions of GASB 34, "Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments. The adoption of this statement significantly changes the financial reporting model and reporting requirements for Collier County's infrastructure. Implementation of GASB 34 requires a reconciliation of fund balance to net assets for governmental activities. In order to calculate a beginning net asset balance for governmental activities the following adjustments were necessary: Capital assets were added in the amount of $564,155,998, net of $170,107,089 in accumulated depreciation, long-term debt of $81,071,960 was netted, along with an allowance for uncollectible accounts of $331,825 and $3,091,910 of revenue formerly classified as deferred was recognized. NOTE 16 - SIGNIFICANT CONTINGENCIES LITIGATION The County is involved as defendant or plaintiff in certain litigation and claims arising in the ordinary course of operations. In the opinion of legal counsel, the range of potential recoveries or liabilities will not materially affect the fmancial position of the County. STATE AND FEDERAL GRANTS Grant monies received and disbursed by the County are for specific purposes and are subject to review by the grantor agencies. Such audits may result in requests for reimbursement due to disallowed expenditures. Based upon pr/or experience, the County does not believe that such disallowances, if any, would have a material effect on the financial position of the County. ARBITRAGE REBATE In accordance with the Tax Reform Act of 1986, any interest earnings on borrowed construction fimds in excess of the interest costs are 'to be rebated to the federal government. The County Water and Sewer fund has an estimated arbitrage rebate liability of $57,122. The estimated arbitrage rebate on governmental debt is $211,612. 57 COLLIER COUNTY, FLORIDA NOTES TO THE BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2002 NOTE 17 - SIGNIFICANT COMMITMENTS CONSTRUCTION COMMITMENTS Project Authorization Parks $ 1,443,164 Roads 74,479,748 Utilities 158,556,943 Landfill expansion and closure 1,180,273 Buildings 22,265,690 Airports 3,311,371 Beach restoration 2,863,095 Stormwater drainage 2,523,998 Total $ 266,624,282 Expended as of September 30, 2002 752,828 39,370,868 84,692,407 531,148 12,608,095 1,836,234 1,170,061 1,464,830 142,426,471 Future Commitments 690,336 35,108,880 73,864,536 649,125 9,657,595 1,475,137 1,693,034 1,059,168 124,197,811 SCHOOL, ROAD, PARK AND FIRE IMPACT FEE CREDIT AGREEMENTS The County has acquired right-of-ways and received beach parking and road construction services from developers in exchange for impact fee credits. Amounts granted for impact fee credits were based on the market value at the time the property, improvement or services were received. The developers, their successors or assignees may utilize the road impact fee credits for future development activities. No time limits are set for use of the credits. As the credits are consumed, impact fee revenue is recognized. At September 30, 2002 the County had outstanding school impact fee, road impact fee, park impact fee and fire impact fee credit agreements with developers of $172,206, $7,256,132, $73,283 and $197,469, respectively. NOTE 18 - SUBSEQUENT EVENTS On March 13, 2003 Collier County issued the $102,125,000 Gas Tax Revenue Bonds, Series 2003. The County issued these bonds, together with other legally available funds of the County, to finance the costs of acquisition, construction and reconstruction of roads and bridges and other transportation improvements within the County. The 2003 series also refunded, on a current basis, all of the outstanding Series 1995 Road Improvement bonds, set up a reserve account for the 2003 bonds and paid certain costs of issuance on the Series 2003 bonds. The Series 2003 bonds are payable and secured by a lien upon the proceeds of the Seventh Cent Gas Tax, the Ninth Cent Gas Tax, the Five Cents Local Option Gas Tax and the Six Cents Local Option Gas Tax. Both the Seventh and Ninth Cent Gas Taxes were pledged to pay debt service on the Series 1995 bonds, originally issued in the amount $5,770,000, refunded by the Series 2003 bonds in the amount of $3,515,000. 58 THIS PAGE INTENTIONALLY LEFT BLANK Nonmajor Governmental Funds Special Revenue Funds ROAD DISTRICTS - TO ACCOUNT FOR TAXES LEVIED AND EXPENDITURES TO CARRY ON ALL WORK ON ROADS AND BRIDGES IN THE COUNTY EXCEPT THAT PROVIDED FOR IN CAPITAL PROJECTS FUNDS. WATER MANAGEMENT AND POLLUTION CONTROL TO ACCOUNT FOR TAXES LEVIED COUNTY-WIDE TO PROVIDE WATER RESOURCE MANAGEMENT AND WATER POLLUTION CONTROL. GRANTS AND SHARED REVENE~S - TO ACCOUNT FOR THE REVENUES RECEIVED FROM FEDERAL, STATE AND LOCAL GRANTS. IMPROVEMENT DISTRICTS - TO ACCOUNT FOR TAXES LEVIED WITHIN MUNICIPAL SERVICE TAXING DISTRICTS TO PROVIDE FOR SPECIFIED IMPROVEMENTS AND/OR THE MAINTENANCE OF SUCH IMPROVEMENTS. SHERIFF'S GRANTS - TO ACCOUNT FOR THE REVENUES RECEIVED BY THE SHERIFF FROM FEDERAL, STATE AND LOCAL GRANTS. FIRE CONTROL DISTRICTS - TO ACCOUNT FOR TAXES LEVIED WITHIN MUNICIPAL SERVICE TAXING DISTRICTS FOR FIRE PREVENTION AND CONTROL. MISCELLANEOUS FLORIDA STATUTES FEE COLLECTIONS TO ACCOUNT FOR FEES COLLECTED FOR STATUTORY PURPOSES. MUSEUM - TO ACCOUNT FOR THE TOURIST DEVELOPMENT TAXES AND ADMISSION FEES USED TO FUND THE OPERATION OF THE COLLIER COUNTY MUSEUNI. LIGHTING DISTRICTS - TO ACCOUNT FOR TAXES LEVIED WITHIN MUNICIPAL SERVICE TAXING DISTRICTS FOR STREET LIGHTING. 911 ENHANCEMENT FEE - TO ACCOUNT FOR FEES LEVIED ON EACH TELEPHONE ACCESS LINE IN THE COUNTY FOR THE ENHANCEMENT OF THE 911 EMERGENCY TELEPHONE SYSTEM. PUBLIC RECORDS MODERNIZATION - TO ACCOUNT FOR THE STATUTORY SURCHARGE ON RECORDING DOCUMENTS TO BE PAID TO THE CLERK OF THE CIRCUIT COURT FOR THE MODERNIZATION OF THE CLERK'S OFFICIAL RECORDS MANAGEMENT SYSTEM. ADOPTION AWARENESS - TO ACCOUNT FOR REVENUES RECEIVED FROM THE SALE OF CHOOSE LIFE LICENSE PLATES TO BE SPENT ON ADOPTION AWARENESS. COMMUNITY REDEVELOPMENT - TO ACCOUNT FOR THE ACTIVITIES OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY. TOURIST DEVELOPMENT -TO ACCOUNT FOR THE TOURIST DEVELOPMENT TAX. STATE HOUSING INITIATIVE PARTNERSHIP - TO ACCOUNT FOR STATE REVENUES RECEIVED TO PROVDE AFFORDABLE RESDENTIAL HOUSING FOR VERY LOW TO MODERATE INCOME PERSONS AND THOSE WHO HAVE SPECIAL HOUSING NEEDS. 800 MItZ IRCP FUND ACCOUNT - TO ACCOUNT FOR MOVING TRAFFIC VIOLATION SURCHARGES RECEIVED TO FUND THE COUNTY'S INTERGOVERNMENTAL RADIO COMMUNICATIONS PROGRAM. Nonmajor Governmental Funds Special Revenue Funds - continued TEEN COURT - TO ACCOUNT FOR FUNDS USED FOR THE OPERATION OF THE TEEN COURT PROGRAM. ANIMAL CONTROL - TO ACCOUNT FOR FUNDS USED FOR THE OPERATION OF THE ANIMAL CONTROL DEPARTMENT. PUBLIC LIBRARY - TO ACCOUNT FOR DONATIONS AND BEQUEST OF MONIES ACCUMULATED FOR THE OPERATION OF THE PUBLIC LIBRARY SYSTEM. LAW LIBRARY - TO ACCOUNT FOR FUNDS USED FOR THE PURPOSE OF PROVIDING A LAW LIBRARY FOR USE BY THE COUNTY COURTS. INMATE WELFARE - TO ACCOUNT FOR FUNDS ACCUMULATED FOR THE WELFARE OF JAIL INMATES. COUNTY DRUG ABUSE - TO ACCOUNT FOR ADDITIONAL FEES IMPOSED BY THE COURT AGAINST DRUG OFFENDERS. CRIMINAL JUSTICE - TO ACCOUNT FOR ADDITONAL COURT COSTS FUNDS USED TO REIMBURSE COURT RELATED EXPENDITURES. STATE COURT ADMINISTRATION - TO ACCOUNT FOR COUNTY MONIES USED TO FUND THE OPERATION OF THE COURT SYSTEM. CONFISCATED PROPERTY - TO ACCOUNT FOR THE ACCUMULATION AND EXPENDITURE OF PROCEEDS FROM THE SALE OF PROPERTY CONFISCATED BY THE SHERIFF. LAW ENFORCEMENT TRAINING - TO ACCOUNT FOR THE RECEIPT AND USE OF FUNDING DESIGNATED FOR TRAINING IN THE CRIMINAL JUSTICE AREA. GAC LAND SALES~ ROADS AND CANALS TRUST FUND - TO ACCOUNT FOR APPROXIMATELY ONE MILLION THREE HLrNDRED THOUSAND DOLLARS ($1,300,000) IN PRINCIPAL AND SETTLEMENT FEES RECEIVED FROM A 1977 SETTLEMENT WITH GAC PROPERTIES, INC., AND INTEREST THEREON TO BE EXPENDED FOR THE RESTORATION AND MAINTENANCE OF CERTAIN UNACCEPTED ROADS AND TO DEVELOP FACILITIES OTHER THAN ROADS AND DRAINAGE IMPROVEMENTS IN THE GOLDEN GATE ESTATES AREA. UTILITY FEE TRUST FUND - TO ACCOUNT FOR FEES TO BE USED TO EFFECTIVELY AND EFFICIENTLY REGULATE PRIVATE WATER AND WASTEWATER UTILITIES OPERATING WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY AND THE CITY OF MARCO ISLAND. EUCLID AND LAKELAND ASSESSMENT - TO ACCOUNT FOR THE RESIDUALS OF THE EUCLID AND LAKELAND ASSESSMENT PROJECT. LEGAL AID SOCIETY - TO ACCOUNT FOR FUNDS ACCUMULATED FOR THE OPERATION OF THE LEGAL AID SOCIETY. FEDERAL EQUITABLE SHARING - TO ACCOUNT FOR MONIES TO BE USED IN THE SHERIFF'S FEDERAL EQUITABLE SHARING PROGRAM. DOMESTIC VIOLENCE - TO ACCOUNT FOR FLrNDS ACCUMULATED FOR THE PURPOSE OF MITIGATING DOMESTIC VIOLENCE IN COLLIER COUNTY. Nonmajor Governmental Funds Debt Service Funds PARKS GENERAL OBLIGATION REFUNDING BONDS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT INCURRED IN THE REFUNDING OF THE 1986 PARKS GENERAL OBLIGATION BONDS. RACE TRACK REVENUE CERTIFICATES - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT OF CERTAIN CAPITAL PROJECTS INCLUDING THE EXPANSION OF THE COLLIER GOVERNMENT CENTER. GUARANTEED ENTITLEMENT REVENUE BONDS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT INCURRED IN THE REFUNDING OF THE 1977 GUARANTEED ENTITLEMENT REVENUE BONDS AND NEW CAPITAL PROJECTS. GAS TAX REVENUE REFUNDING BONDS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT INCURRED IN THE REFUNDING OF THE 1986 ROAD IMPROVEMENT REVENUE BONDS. SALES TAX REVENUE REFUNDING BONDS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT INCURRED IN THE CONSTRUCTION OF THE COURTHOUSE EXPANSION AND THE PARTIAL REFUNDING OF THE 1985 REFUNDING SALES TAX BONDS. ROAD AND OTHER IMPROVEMENTS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND 'PRINCIPAL ON THE COMMERCIAL PAPER LOAN PROGRAM. SPECIAL OBLIGATION REVENUE BONDS SERIES 1997 TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG- TERM DEBT INCURRED IN THE REFUNDING OF THE COMMERCIAL PAPER LOANS. CAPITAL IMPROVEMENT REVENUE BONDS~ SERIES 2002 TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG- TERM DEBT INCURRED FOR VOTING MACHINE PURCHASE, GENERAL GOVERNMENT IMPROVEMENTS, JAIL IMPROVEMENTS AND PARKS LAND PURCHASES. STORMWATER IMPROVEMENT ASSESSMENT BONDS - TO ACCOUNT FOR THE ACCUMULATION OF RESOURCES FOR AND PAYMENT OF INTEREST AND PRINCIPAL ON LONG-TERM DEBT INCURRED IN THE REFUNDING OF THE COMMERCIAL PAPER LOANS. LINE OF CREDIT - TO ACCOUNT FOR THE PAYMENT OF INTEREST AND PRINCIPAL ON LONG- TERM DEBT INCURRED IN THE PURCHASE OF LAND FOR THE NORTH NAPLES REGIONAL PARK. Capital Project Funds COUNTY-WIDE CAPITAL IMPROVEMENTS TO ACCOUNT FOR CAPITAL PROJECTS, DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS, TO BE FUNDED BY A COUNTY-WIDE ONE MIL LEVY. Nonmajor Governmental Funds Capital Project Funds - Continued PARKS IMPROVEMENTS - TO ACCOUNT FOR THE EXPENDITURE OF PROCEEDS FROM THE ISSUANCE OF PARKS GENERAL REFUNDING BONDS. PROJECTS INCLUDE LAND ACQUISITION, DESIGN, CONSTRUCTION, AND EQUIPPING OF CERTAIN COMMUNITY PARK SITES IN THE UNINCORPORATED AREAS OF THE COUNTY. COUNTY-WIDE LIBRARY - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF LIBRARY IMPACT FEES COLLECTED FROM ALL QUALIFYING NEW CONSTRUCTION. THESE IMPACT FEES MUST BE USED FOR THE ACQUISITION OF COUNTY-WIDE LIBRARY FACILITIES. PARKS IMPACT DISTRICTS - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE BY DISTRICTS OF COMMUNITY AND REGIONAL PARK IMPACT FEES COLLECTED FROM ALL QUALIFYING NEW CONSTRUCTION. THE IMPACT FEES MUST BE USED FOR THE ACQUISITION OF COMMUNITY PARKS BY DISTRICT. CORRECTIONAL FACILITIES IMPACT FEE TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF CORRECTIONAL FACILITIES IMPACT FEES COLLECTED FROM ALL QUALIFYING NEW CONSTRUCTION. THE IMPACT FEES MUST BE USED FOR THE ACQUISITION/CONSTRUCTION OF CORRECTIONAL FACILITIES. EMERGENCY MEDICAL SERVICE - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF EMERGENCY MEDICAL SERVICE IMPACT FEES COLLECTED FROM ALL QUALIFYING NEW CONSTRUCTION. THE IMPACT FEES MUST BE USED FOR ACQUISITION/CONSTRUCTION OF EMERGENCY SERVICES FACILITIES. ROAD CONSTRUCTION - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF LOCAL OPTION, STATE ALLOCATED GAS TAX AND COMMERCIAL PAPER LOAN PROGRAM PROCEEDS. PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, RIGHT-OF-WAY ACQUISITION, DESIGN AND CONSTRUCTION OF VARIOUS TRANSPORTATION IMPROVEMENTS. WATER MANAGEMENT - TO ACCOUNT FOR THE RECEIPT AND EXPENDITURE OF FUNDS RAISED SPECIFICALLY FOR WATER MANAGEMENT PURPOSES. PRIMARY FUNDING IS AD VALOREM TAXES. OTHER CAPITAL PROJECTS - TO ACCOUNT FOR MAJOR CAPITAL EXPENDITURES FINANCED FROM RESOURCES OTHER THAN PROCEEDS FROM THE ISSUANCE OF LONG-TERM DEBT AND THE ONE MIL LEVY. COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2002 Special Revenue Funds ASSETS Cash and investments Receivables: Interest Notes Trade, net Special assessments Due fi.om other funds Due from other governments Inventory Advances to other funds Prepaid cost Total assets Road Districts Water Grants and Management and Shared Improvement Pollution Control Revenues Districts 1,689,332 2,109,207 563,094 4,040,374 11,462 2,489 33,844 178,600 357,892 13,811 14,775 1,108 150 30,004 5,894 9,090 62,210 30,360 1,903,745 $ 2,109,584 Sheriffs Fire Control Grants Districts 1,315,893 357,707 4,147 34,205 7,067 464,895 218 2,194,844 2,668,597 4,084,416 1,814,993 369,139 LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities $ 499,622 837 225,007 1,478 528,404 50,254 629,147 14,528 11,386 58 525,617 500,000 562,988 30,038 1,252,005 500,459 226,485 1,694,554 564,840 1,814,993 30,038 Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt service Unreserved reported in: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances 196,043 207,482 795,443 283,036 1,413,082 1,760,877 178,600 29,139 218 3,236,540 309,744 1,609,125 1,968,359 974,043 3,519,576 339,101 2,109,584 2,194,844 2,668,597 4,084,416 1,814,993 369,139 (Continued) 63 COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) SEPTEMBER 30, 2002 Special Revenue Funds ASSETS Cash and investments Receivables: Interest Notes Trade, net Special assessments Due from other funds Due from other governments Inventory Advances to other funds Prepaid cost Total assets Miscellaneous 911 Public Florida Statutes Lighting Enhancement Records Fee Collections Museum Districts Fee Modernization $ 190,940 225,234 1,694 1,245 412,101 1,557,743 4,275 ll,013 74,182 4,566 14,153 59,338 1,521,422 Adoption Awareness 23,396 75 193,879 239,387 420,942 1,702,276 1,521,422 23,471 LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities 14,391 50,759 483 9,606 1,565 23,359 342,117 14,874 50,759 9,606 365,476 1,565 Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt Service Unreserved: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances 16,275 179,005 188,628 395,061 1,336,800 1,519,857 179,005 188,628 411,336 1,336,800 $ 193,879 239,387 420,942 1,702,276 1,519,857 1,521,422 23,471 23,471 23,471 64 Special Revenue Funds Community Redevelopment State Housing Tourist Initiative Development Parmership 800 MHZ IRCP Fund Teen Animal Public Law Inmate Account Court Control Library Library Welfare 552,850 3,272 20,473,587 2,445,279 17,061 1,094,930 204,531 408,585 1,101,075 259,526 427,282 29,825 55,865 79,981 7,421 732,857 17 24,641 3,733 612 1,206 225,723 556,122 21,983,247 4,021,327 2,500 458,156 31,048 56,477 79,981 7,421 958,580 956,544 66,533 23,874 134,508 60,607 1,106,475 112,908 2,719 2,006 186 12,923 24 1,041,025 1,307,516 112,908 2,719 24 2,006 13,109 4,071,867 15,712 1,094,930 2,500 556,122 16,870,355 1,603,169 342,748 31,048 53,758 79,957 5,415 945,471 556,122 20,942,222 2,713,811 556,122 21,983,247 4,021,327 345,248 31,048 53,758 79,957 5,415 945,471 458,156 31,048 56,477 79,981 7,421 958,580 (Continued) 65 COLLIER COUNTY, FLOR/DA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) SEPTEMBER 30, 2002 ASSETS Cash and investments Receivables: Interest Notes Trade, net Special assessments Due from other funds Due from other governments Inventory Advances to other funds Prepaid cost Total assets SpeciaI Revenue Funds County Criminal State Court Drul~ Abuse Justice Administration $ 1,190 93,983 706 Law Confiscated Enforcement Propert7 Training 179,371 11,192 GAC Land Sales, Roads and Canals 887,273 4,771 54 315,568 72 1,591,119 $ 1,190 98,754 316,328 179,37l 11,264 2,478,392 LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities $ 226,368 89,960 316,328 1,591,119 2,177 1,593,296 Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt service Unreserved: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances 1,190 98,754 1,190 98,754 179,371 11,264 179,37l 11,264 $ 1,190 98,754 316,328 179,371 11,264 28 885,068 885,096 2,478,392 66 Special Revenue Funds Euclid and Federal Utility Lakeland Legal Aid Equitable Domestic Fee Assessment Society Sharin$ Violence Total 1,020,084 65,629 130,081 37,933 9,906 41,248,738 68,980 23,608 457 3O9 740 4 88,112 1,273,530 762,280 309 1,076,231 3,895,302 1,591,337 2,500 1,112,672 66,395 130,821 37,933 9,910 49,938,339 Debt Service Funds Parks General Guaranteed Gas Tax Obligation Race Track Entitlement Revenue Refunding Revenue Revenue Refunding Bonds Certificates Bonds Bonds 69,354 410,730 417,603 622,263 3,327 3,911 2,709 5,423 3,780 76,461 414,641 420,312 627,686 6,727 5 442 3,346,625 930,066 11,468 4,817,333 2,177 62,085 500,000 6,732 442 9,669,754 11 5,615,036 218 1,273,530 2,500 1,105,929 66,395 130,821 37,491 9,910 33,377,301 371,000 554,380 76,461 43,641 420,312 73,306 1,105,940 66,395 130,821 37,491 9,910 40,268,585 1,112,672 66,395 130,821 37,933 9,910 49,938,339 76,461 414,641 420,312 627,686 76,461 414,641 420,312 627,686 (Continued) 67 COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) SEPTEMBER 30, 2002 !3A ASSETS Cash and investments Receivables: Intemst Notes Trade, net Special assessments Due from other funds Due from other governments Inventory Advances to other funds Prepaid cost Total assets Sales Tax Revenue Refunding Bonds Debt Service Funds Road and Other Improvements Special Obligation Revnue Bonds Series 1997 Capital Improvement Revenue Bonds Series 2002 Stormwater Improvement Line Assessment of Bonds Credit 3,184,844 57,518 1,310,749 135,813 750,526 2,677 30,970 10,282 4,995 852 4,775 280 216 48,773 $ 3,215,814 116,789 1,315,744 136,665 942,358 354 1,698,013 2,957 LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities 202,268 73 942,358 1,144,699 Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt service Unreserved: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances 1,300,000 3,215,814 116,789 15,744 136,665 2,022 551,292 2,957 3,215,814 116,789 1,315,744 136,665 553,314 2,957 $ 3,215,814 116,789 1,315,744 136,665 1,698,013 2,957 68 Capital Projects Funds Total County-Wide Capital Improvements Parks Improvements Parks Correctional Emergency County-Wide Impact Facilities Medical Library Districts Impact Fees Service 6,962,077 67,524 942,358 4,350 48,773 14,825,315 51,469 776 9,200 7,020,589 2,234,667 15,259,971 5,676,907 2,626,143 1,576 116 5,220 361 28 13,209 5,497 22,838 3,067 2,260 50,598 20,355 113,821 13,126 8,025,082 14,886,760 7,039,018 2,291,123 15,304,740 5,793,795 2,641,673 202,268 73 942,358 1,822,757 216 478,890 7,859 4,750,000 6,536 73,756 346,511 143,484 840 214,904 58,341 10,501,178 5,111,088 1,980,734 1,144,699 2,301,863 4,764,395 347,001 10,847,689 5,254,572 1,981,574 2,022 6,076,590 311,844 85,526 1,033,228 539,223 286,794 2,225,380 4,652,981 6,880,383 8,025,082 6,508,307 12,584,897 14,886,760 1,962,779 1,858,596 3,423,823 373,305 2,274,623 1,944,122 4,457,051 539,223 660,099 7,039,018 2,291,123 15,304,740 5,793,795 2,641,673 (Continued) 69 COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) SEPTEMBER 30, 2002 ASSETS Cash and investments Receivables: Interest Notes Trade, net Special assessments Due from other funds Due from other govemments Inventory Advances to other funds Prepaid cost Total assets Capital Proiects Funds Other Road Water Capital Construction Management Projects Total $ 694,572 3,634,122 1,360,504 53,332,790 8,326 10,018 35,027 18,000 1,520 111,625 112,719 112,719 1,464,539 1,071 59,800 1,573,057 3,254,243 3,955 2,313 3,467,611 500,000 500,000 430 430 5,448,381 3,657,148 2,045,612 59,108,250 Total Nonmajor Governmental Funds 101,543,605 165,654 1,273,530 873,905 1,055,386 2,653,638 7,411,686 1,591,337 500,000 2,930 117,071,671 LIABILITIES AND FUND BALANCES Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities 1,780,913 239,201 89,869 4,505,190 110,844 79 60,576 4,921,715 75,563 17,883,467 578,878 90,697 1,270 1,214,612 392,147 392,147 2,470,635 329,977 619,425 28,917,131 8,054,083 5,851,78[ 11,468 73 23,643,158 2,177 1,276,697 892,147 39,731,584 Fund balances: Reserved for: Encumbrances Advances to other funds Inventory Notes receivable Prepaid costs Debt service Unreserved: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances 2,977,746 1,301,390 10,242 12,622,583 500,000 500,000 430 430 2,025,781 915,515 17,068,106 2,977,746 3,327,171. 1,426,187 30,191,119 5,448,381 3,657,148 2,045,612 59,108,250 18,239,641 500,000 218 1,273,530 2,930 2,225,380 33,377.301 4,652,981 17,068,106 77,340,087 I17,071,671 70 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital Projects Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Excess of revenues and other financ- ing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year Special Revenue Funds Water Grants and Road Management and Shared Improvement Districts Pollution Control Revenues Districts Sheriffs Grants 3,002,369 1,356,724 1,985,207 178,784 790 278,809 323,104 5,680,346 83,875 132,839 306,202 4,639,726 16,835 106,382 19,100 252,411 1,862,063 268,084 12,035 119,901 9,353 3,828,756 3,793,937 5,819,347 2,553,173 4,639,726 10,895,366 264,039 11,159,405 (7,330,649) 416,438 158,913 3,190,628 25,750 1,861,165 231,333 2,053,764 104,856 2,145,027 584,422 921,282 842,099 12,249 2,784 3,434,210 359,727 5,396,979 6,305,596 2,810,904 5,396,979 (486,249) (257,731) (757,253) 8,108,575 68,725 943,661 660,720 757,253 (174,800) (629,21 I) (375,483) 7,933,775 (560,486) 943,661 285,237 603,126 (200,759) 457,412 27,506 1,005,999 2,169,118 516,631 3,492,070 1,609,125 1,968,359 974,043 3,519,576 757,253 (Continued) 71 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Special Revenue Funds Miscellaneous Fire Control Florida Statutes Lighting Districts Fee Collections Museum Districts $ 1,308,695 1,158,868 911 Enhancement Fee 1,263,809 37,524 49,371 13,081 96,234 34,212 30,874 4,124 5,054 31,392 84,166 1,431 20,316 1,065 1,391,605 154,886 54,425 1,191,325 1,347,975 Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital Projects Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Excess of revenues and other financ- ing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year 1,631,511 46,647 188,132 886,467 2,784 664,418 1,066,030 1,678,158 188,132 889,251 664,418 1,066,030 (286,553) (33,246) (834,826) 526,907 281,945 83,900 28,547 396,591 (58,485) 923,300 4,463 (59,800) (50 i,608) 366,653 83,900 863,500 (497,145) 80,100 50,654 28,674 29,762 281,945 259,001 128,351 159,954 381,574 1,054,855 339,101 179,0o5 188,628 411,336 1,336,800 72 Special Revenue Funds Public Records Modemization Adoption Awareness Community Redevelopment Tourist Development State Housing Initiative Partnership 800 MHZ IRCP Fund Teen Animal Account Court Control 448,990 31,824 13,960 412 24,044 8,184,363 1,304,471 1,105 516,702 3,024,868 710,806 133,849 10,509 502,221 37,184 30,988 8,919 60 1,494 480,814 14,372 24,044 11,366 10,018,007 108,240 3,869,523 619,380 31,048 49,187 773,060 840 4,273,506 2,742,392 995 3,374,411 659,312 70,275 773,060 (292,246) 14,372 840 23,204 7,016,893 3,001,1[4 3,374,411 659,312 70,275 495,112 (39,932) 31,048 (21,088) (292,246) 1,812,103 1,519,857 14,372 9,099 23,471 373,600 373,600 396,804 159,318 556,122 19,814 (1,431,484) (1,411,670) 1,589,444 19,352,778 20,942,222 495,112 (39,932) 31,048 (21,088) 2,218,699 385,180 74,846 2,713,811 345,248 31,048 53,758 (Continued) 73 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Special Revenue Funds Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital Projects Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Excess of revenues and other financ- ing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year Public Law Inmate County Criminal Library Library Welfare Drug Abuse Justice 97,784 252 429,738 2,496 192 24 2,717 122,920 404,983 125,416 97,976 404,983 276 432,455 71,497 101,453 319,302 71,497 101,453 319,302 53,919 (3,477) 85,681 276 432,455 (10,500) (418,500) (10,500) (418,500) 43,419 (3,477) 85,681 276 13,955 36,538 8,892 859,790 914 84,799 79,957 5,415 945,471 1,190 98,754 State Court Administration 3,347,460 1,204,479 4,551,939 (4,551,939) 4,551,939 4,551,939 74 Special Revenue Funds Confiscated Properp/ Law Enforcement Trainin[~ GAC Land Sales, Utility Roads and Canals Fee Euclid and F~deral Lakeland Legal Aid Equitable Assessment Societ7 Sharinl~ Domestic Violence 304,085 131,824 1,922 9,902 243 20,002 273,894 30,630 27,404 3,413 105,570 1,216 21,251 9,865 45 133,746 10,145 293,896 362,119 3,413 1(16,786 21,251 9,910 5,997 204,379 465,237 30,595 2,227 5,997 204,379 467,464 30,595 133,746 4,148 89,517 (105,345) 3,413 106,786 (9,344) 9,910 (36,784) (36,784) 96,962 82,409 4,148 7,116 89,517 (105,345) 3,413 106,786 (9,344) 795,579 1,211,285 62,982 24,035 46,835 179,371 11,264 885,096 1,105,940 9,910 66,395 1130,821 37,491 9,910 (Continued) 75 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Special Revenue Funds Debt Service Funds Total Parks General Guaranteed Gas Tax Obligation Race Track Entitlement Revenue Refunding Revenue Revenue Refunding Bonds Certificates Bonds Bonds 18,564,120 828,260 190,083 15,352,179 332,800 349,000 2,566,521 646,781 1,327,316 25,488 29,708 20,576 508,400 41,201 1,862,063 1,374,839 41,883,902 853,748 362,508 369,576 549,601 Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital Projects Total expenditures Excess of revenues over (under) expenditures 5,292,620 10,473,118 9,351,049 14,154,116 5,519,438 654,697 5,463,737 331,725 51,240,500 (9,356,598) 830,255 376,650 367,312 550,913 830,255 376,650 367,312 550,913 23,493 /14,142) 2,264 (1,312) Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Excess ofrevenues and other financ- ing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year 28,547 16,892,541 (3,696,655) 13,224,433 3,602 (31,272) (27,670) 3,867,835 (4,177) (14,142) 2,264 (1,312) 36,400,750 80,638 428,783 418,048 628,998 40,268,585 76,461 414,641 420,312 627,686 76 Debt Service Funds Sales Tax Revenue Refunding Bonds Road and Other Improvements Special Obligation Revnue Bonds Series 1997 Capital Improvement Revenue Bonds Series 2002 Stormwater Improvement Assessment Bonds Line of Credit Total 3,163,900 252,662 3,416,562 86,972 15,247 102,219 39,203 39,203 6,173 6, I73 35,210 195,212 230,422 2,762 1,336,660 3,845,700 539,955 195,212 15,247 2,762 5,932,774 3,578,950 3,578,950 (162,388) 21,209,549 21,209,549 (21,107,330) 1,474,326 1,474,326 (1,435,123) 1,283,616 1,283,616 (1,277,443) 200,982 3,431,536 33,304,089 200,982 3,431,536 33,304,089 29,440 (3,428,774) (27,371,315) (3,652,000) (3,652,000) (3,814,388) 7,030,202 3,215,814 14,524,000 6,665,471 (11,022) 21,178,449 71,119 45,670 116,789 1,341,213 1,341,213 (93,910) 1,409,654 1,315,744 932,979 481,129 1,414,108 136,665 136,665 354 (5,207) 2,837,021 18,294,000 590,322 9,082,091 (3,699,501) (4,853) 3,427,343 23,676,590 24,587 (1,431) (3,694,725) 528,727 4,388 10,575,[08 553,314 2,957 6,880,383 (Continued) 77 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Capital Projects Funds County-Wide Parks Correctional Capital Parks County-Wide Impact Facilities Improvements Improvements Library Districts Impact Fees 360,000 862 32,284 100,000 409,112 990 242,319 102,583 114,488 289,473 146,996 1,957,278 1,918,930 1,750,346 602,319 60,118 192,531 572,675 2,105,040 2,500,934 1,897,342 Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital Projects Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Proceeds from bonds Proceeds from loans Proceeds from capital leases Transfers in Transfers out Total other financing sources (uses) Excess of revenues and other financ- ing sources over (under) expen- ditures and other financing (uses) Fund balances at beginning of year Fund balances at end of year 17,406,341 10,008,413 3,831,375 1,451,229 1,750,346 17,406,341 10,008,413 3,831,375 1,451,229 1,750,346 (16,804,022) (9,435,738) (1,726,335) 1,049,705 146,996 16,186,000 9,450,000 5,500,000 4,599,300 514,868 26,285,300 9,964,868 9,481,278 529,130 3,103,619 1,745,493 $ 12,584,897 2,274,623 4,595 200,000 (848,209) (886,397) (843,614) (686,397) (2,569,949) 363,308 146,996 4,514,071 4,093,743 392,227 1,944,122 4,457,051 539,223 78 Capital Projects Funds Emergency Other Medical Road Water Capital Service Construction Manasement Projects Total 9,095,618 9,095,618 6,517,933 7,011,079 2,292 412,394 47,373 255,822 99,776 33,626 1,332,456 359,754 28,510 6,014,818 287,967 69,546 357,513 16,483 704,146 81,751 51,450 1,106,479 423,610 16,575,811 469,494 183,132 25,330,357 Total Nonmajor Governmental Funds 28,996,398 190,083 26,208,958 2,978,915 646,781 3,199,727 6,014,818 2,414,788 2,496,565 73,147,033 6,681 119 6,800 369,983 27,387,671 5,855,049 827,850 68,888,257 369,983 27,394,352 5,855,168 827,850 68,895,057 53,627 (10,818,541) (5,385,674) (644,718) (43,564,700) 5,292,620 10,473,118 9,351,049 14,154,116 5,519,438 654,697 5,463,737 33,642,614 68,888,257 153,439,646 (80,292,613) 25,636,000 2,750,000 8,250,000 76 228,583 1,837,570 657,500 8,042,492 (2,104) (1,565,987) (9,127) (34,426) (3,346,250) (2,028) (1,337,404) 4,578,443 623,074 38,582,242 51,599 (12,155,945) (807,231) (21,644) (4,982,458) 608,500 15,133,691 4,134,402 1,447,831 35,173,577 660,099 2,977,746 3,327,171 1,426,187 30,191,119 43,930,000 8,250,000 28,547 34,017,124 (10,742,406) 75,483,265 (4,809,348) 82,149,435 77,340,087 79 THIS PAGE INTENTIONALLY LEFT BLANK Nonmajor Enterprise Funds GOODLAND WATER - TO ACCOUNT FOR THE PROVISION OF POTABLE WATER SERVICES TO THE RESIDENTS OF GOODLAND. AIRPORT AUTHORITY - TO ACCOUNT FOR THE PROVISION OF LANDING FACILITIES AND THE SALE OF FUEL AT THE AIRPORTS. COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF NET ASSETS NONMAJOR ENTERPRISE FUNDS SEPTEMBER 30, 2002 ASSETS Current assets: Cash and investments Receivables: Trade, net Interest receivable Unbilled revenue Inventory Total current assets Goodland Airport Total Nonmajor Water Authoriw Proprietary Funds 596,222 9,465 605,687 23,571 23,109 46,680 4,498 4,498 4,211 4,211 63,260 63,260 628,502 95,834 724,336 Restricted assets: Cash and investments Special assessments Due from other governments Total restricted assets 324,142 324,142 5,413 5,413 1,013,155 1,013,155 5,413 1,337,297 1,342,710 Noncurrent assets: Special assessments Land and nondepreciable assets Capital assets net of depreciation Total noncurrent assets Total assets 6,081 6,081 365 3,985,302 3,985,667 461,075 8,539,354 9,000,429 467,521 12,524,656 12,992,177 $ 1,101,436 13,957,787 15,059,223 82 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF NET ASSETS (CONTINUED) NONMAJOR ENTERPRISE FUNDS SEPTEMBER 30, 2002 LIABILITIES Current liabilities: Vouchers payable and accruals Compensated absences Current maturities of leases payable Total current liabilities Current liabilities (payable from restricted assets): Vouchers payable and accruals Deferred revenue Retainage payable Due to other governments Refundable deposits Total current liabilities (payable from restricted assets Long-term liabilities: Compensated absences Leases payable Total long-term liabilities Total liabilities NET ASSETS Invested in capital assets, net of related debt Unrestricted Total net assets Goodland Airport Total Nonmajor Water Authority Proprietar~ Funds $ 35,853 54,278 90,131 6,509 6,509 3,767 3,767 35,853 64,554 100,407 184,273 184,273 144,574 144,574 29,191 29,191 1,280 1,280 13,895 13,895 373,213 24,657 971 25,628 35,853 463,395 461,440 6,257,233 604,143 7,237,159 1,065,583 13,494,392 373,213 24,657 971 25,628 499,248 6,718,673 7,841,302 14,559,975 83 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS NONMAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Operating revenues: Charges for services Total operating revenues Operating expenses: Personal services Operating Depreciation and amortization Total operating expenses Operating income (loss) Non-operating revenues (expenses): Interest income Interest expense Miscellaneous revenue Gain (loss) on disposal of fixed assets Total non-operating revenues (expenses) Income (loss) before operating transfers Capital grants and contributions Transfers in Transfers out Total operating transfers Change in net assets Net assets - beginning Net assets - ending Goodland Airport Water Authority Total $ 310,917 1,424,708 1,735,625 3 ! 0,917 1,424,708 1,735,625 418 760,642 761,060 291,728 1,260,432 1,552,l 60 42,012 745,627 787,639 334,158 2,766,701 3,100,859 (23,241) (1,341,993) (1,365,234) 34,098 23,689 57,787 (4,087) (151,106) (155,193) 1,539 6,233 7,772 (1,997) (1,997) 31,550 (123,181) (91,631) 8,309 (1,465,174) (1,456,865) 950,298 950,298 9,010,457 9,010,457 (98,000) (98,000) 9,862,755 9,862,755 8,309 8,397,581 8,405,890 1,057,274 5,096,81 ! 6,154,085 $ 1,065,583 13,494,392 14,559,975 84 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS NONMAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Cash flows from operating activities: Cash received for services Cash payments on customer deposits Cash payments'for goods and services Cash payments to employees Net cash provided by (used for) operating activities Cash flows from non-capital financing activities: Cash received from operating grants Cash transfers from other funds Cash transfers to other funds Net cash provided by non- capital financing activities Cash flows from capital and related financing activities: Special assessment collections Special assessment interest Proceeds from capital grants Payments for capital acquisitions Principal payments on bonds Principal payments on leases Interest and fiscal agent fees paid Net cash used for capital and related financing activities Cash flows from investing activities: Interest on investments Net cash provided by investing activities Net decrease in cash Cash and investments, October 1,2001 (including $105,655,513 in restricted cash) Cash and investments, September 30, 2002 (including $68,448,253 in restricted cash) Goodland Airport Water Authority Total 308,816 1,437,281 1,746,097 (1,100) (1,100) (273,145) (1,161,111) (1,434,256) (1,361) (748,020) (749,381) 34,310 (472,950) (438,640) 44,000 642,000 (98,000) 588,000 44,000 642,000 (98,000) 588,000 18,780 - 18,780 2,686 2,686 916,052 916,052 (l,635,011) (1,635,011) (109,000) (109,000) (3,490) (3,490) (4,541) (906) (5,447) (92,075) (723,355) (815,430) 35,371 29,421 64,792 35,371 29,421 64,792 (22,394) (578,884) (601,278) 618,616 912,491 1,531,107 $ 596,222 333,607 929,829 (CONTINUED) 85 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS (CONTINUED) NONMAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 RECONCILIATION OF OPERATING LOSS TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIES Goodland Airport Water Authority Total (23,241) (1,341,993) (1,365,234) Operating loss Adjustments to reconcile operating loss to net cash provided by (used for) operating activities: Depreciation expense Increase (decrease) in accounts receivable Increase (decrease) in due from other funds Increase (decrease) in inventory Increase (decrease) in vouchers payable Increase (decrease) in accrued wages Increase (decrease) in accrued compensated absences Increase (decrease) in due to other funds Increase (decrease) in due to other governments Increase in customer deposits payable Total adjustments 42,012 745,627 787,639 (2,101) 10,104 8,003 2,469 2,469 (10,091) (10,091) 18,583 110,525 129,108 (603) 3,327 2,724 (340) 9,295 8,955 (281) (281) (832) (832) (l,100) (t,lO0) 57,551 869,043 926,594 (438,640) Net cash provided by (used for) operating activities $ 34,310 (472,950) Non-cash investing, capital and financing activities: The combined nonmajor enterprise funds experienced a non-cash investing gain due to a change in the fail value of non-cash and cash equivalents of $12,827. 86 Internal Service Funds SELF-INSURANCE - TO ACCOUNT FOR THE SELF-INSURANCE COSTS OF PROVDING COVERAGE FOR PROPERTY, GENERAL AND VEHICLE LIABILITY; TO ACCOUNT FOR THE PROVISIONS OF HEALTH BENEFITS TO COUNTY EMPLOYEES AND THEIR DEPENDENTS; TO ACCOUNT FOR PAYMENT OF WORKERS' COMPENSATION CLAIMS, IN LIEU OF INSURANCE. SHERIFF'S SELF-INSURANCE - TO ACCOUNT FOR THE PROVISIONS OF HEALTH BENEFITS TO SHERIFF EMPLOYEES AND THEIR DEPENDENTS; TO ACCOUNT FOR PAYMENT OF WORKERS' COMPENSATION CLAIMS, IN LIEU OF INSURANCE. FLEET MANAGEMENT - TO ACCOUNT FOR FUEL, OIL, LUBRICANTS, REPAIRS AND MAINTENANCE OF COUNTY VEHICLES AND THE USE OF CERTAIN COUNTY OWNED VEHICLES BY COUNTY EMPLOYEES. COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS SEPTEMBER 30, 2002 ASSETS Current assets: Cash and investments Trade, net Due from other funds Deposits Inventory Total current assets Noncurrent assets: Capital assets, net of depreciation Total noncurrent assets Total assets Sheriffs Self- Self- Fleet Insurance Insurance Manasement Total 5,886,748 3,497,647 4,974,561 14,358,956 124,344 4,522 27,743 156,609 48,109 1,500,000 7,460 1,555,569 29,143 29,143 149,816 149,816 6,088,344 5,002,169 5,159,580 16,250,093 112,752 3,508,928 3,621,680 112,752 - 3,508,928 3,621,680 6,201,096 5,002,169 8,668,508 19,871,773 LIABILITIES Current liabilities: Vouchers payable and accruals Due to other funds Self-insurance claims payable Compensated absences Capital leases payable Total current liabilities Noncurrent liabilities: Self-insurance claims payable Compensated absences Capital leases payable Total noncurrent liabilities Total liabilities NET ASSETS Invested in capital assets, net of related debt Unrestr/cted Total net assets 463,979 105,406 153,944 723,329 421 4,963 5,384 2,414,700 2,062,000 4,476,700 4,547 6,964 11,511 36,915 3,747 40,662 2,920,562 2,167,406 169,618 5,257,586 4,681,300 4,681,300 33,346 51,064 84,410 9,520 966 10,486 4,724,166 52,030 4,776,196 7,644,728 2,167,406 221,648 10,033,782 66,317 3,504,215 3,570,532 (1,509,949) 2,834,763 4,942,645 6,267,459 $ (1,443,632) 2,834,763 8,446,860 9,837,991 88 COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Operating revenues: Charges for services Total operating revenues Operating expenses: Personal services Operating Depreciation and amortization Total operating expenses Operating loss Non-operating revenues (expenses): Interest income Interest expense Miscellaneous revenue Gain (loss) on disposal of fixed assets Total non-operating revenues (expenses) Income (loss) before contributions and transfers Capital grants and contributions Transfers in Change in net assets Net assets - beginning Net assets - ending Sheriffs Self- Self- Fleet Insurance Insurance Manal~ement Total 20,727,866 6,437,284 4,020,863 31,186,013 20,727,866 6,437,284 4,020,863 31,186,013 720,458 1,060,245 1,780,703 23,569,968 7,107,937 2, l 71,960 32,849,865 20,801 1,166,263 1,187,064 24,311,227 7,107,937 4,398,468 35,817,632 (3,583,361) (670,653) (377,605) (4,631,619) 186,287 51,947 120,102 358,336 (3,281) (382) (3,663) 298,138 17,822 315,960 (6,122) g 33,93l 27,809 475,022 51,947 171,473 698,442 (3,108,339) (618,706) (206,132) (3,933,177) 2,324 780,051 782,375 - 128,500 128,500 (3,106,015) (618,706) 702,419 (3,022,302) 1,662,383 3,453,469 7,744,441 12,860,293 ,443,632) 2,834,763 8,446,860 9,837,991 89 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS ALL INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Cash flows from operating activities: Cash received from other funds for goods an~t services Cash received from retirees for services Cash payments on behalf of retirees Cash payments for goods and services Cash payments to employees Net cash provided by (used for) operating activities Cash flows from noncapital financing activities: Cash transfers from other funds Net cash provided by noncapital financing activities Cash flows from capital and related financing activities: Proceeds from disposal of fixed assets Proceeds from insurance claims Payments for capital acquisitions Principal payments on capital leases Interest and fiscal agent fees paid Net cash provided by (used for) capital and related financing activities Cash flow from investing activities: Interest on investments Net cash provided by investing activities Net increase (decrease) in cash Sheriffs Self- Self- Fleet Insurance Insurance Mana~[ement Total 20,660,080 6,209,144 4,026,024 30,895,248 361,232 t78,876 540,108 (375,384) (375,384) (22,254,528) (7,247,563) (2,106,261) (31,608,352) (706,513) (1,035,068) (1,741,581) (2,315,113) (859,543) 884,695 (2,289,961) 128,500 128,500 128,500 128,500 100,607 100,607 299,014 17,822 316,836 (4,764) (950,848) (955,612) (36,364) (3,515) (39,879) (3,281) (382) (3,663) 254,605 (836,316) (581,71 l) 286,278 51,947 156,517 494,742 286,278 51,947 156,517 494,742 (1,774,230) (807,596) 333,396 (2,248,430) Cash and investments, October 1, 2001 7,660,978 4,305,243 4,641,165 16,607,386 Cash and investments, September 30, 2002 $ 5,886,748 3,497,647 4,974,561 14,358,956 (CONTINUED) 90 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS ALL INTERNAL SERVICE FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 RECONCILIATION OF OPERATING LOSS TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIES Operating loss Adjustments to reconcile operating loss to net cash provided by (used for) operating activities: Depreciation expense Decrease increase) in accounts receivable Decrease increase) in due from other funds Increase in advances and deposits Increase in inventory Increase in vouchers payable Increase in accrued wages Increase m compensated absences Increase n due to other funds Increase m self-insurance claims payable Total adjustments Net cash provided by (used for) operating activities $ Sheriff's Self- Self- Fleet Insurance Insurance Management Total $ (3,583,361) (670,653) (377,605) (4,631,619) 20,801 (105,497) 37,560 (14,152) 399,670 4,939 9,006 421 (504,438) 95,548 1,166,263 1,187,064 11,403 (94,094) (6,242) (473,120) (14,152) (10,285) (10,285) 71,021 566,239 5,654 10,593 19,523 28,529 4,963 5,384 915,500 220,000 1,135,500 1,268,248 (188,890) 1,262,300 2,341,658 (2,315,113) (859,543) 884,695 (2,289,961) Non-cash investing, capital and financing activities: The combined internal service funds experienced a non-cash investing gain due to a change in the fair value of non-cash and cash equivalents of $115,642. 91 THIS PAGE INTENTIONALLY LEFT BLANK Fiduciary Funds CLERK OF COURTS - TO ACCOUNT FOR MONIES HELD IN TRUST BY THE CLERK OF THE CIRCUIT COURT PRIOR TO DISBURSEMENT. SHERIFF - TO ACCOUNT FOR MONIES HELD IN A CUSTODIAL CAPACITY BY THE SHERIFF. TAX COLLECTOR - TO ACCOUNT FOR ASSETS HELD BY THE TAX COLLECTOR PRIOR TO LEGAL DISBURSEMENT. DEPOSITS TO ACCOUNT FOR MONIES HELD BY THE COUNTY FOR BUSINESSES AND INDIVIDUALS. PINE RIDGE AND NAPLES PRODUCTION PARK - TO ACCOUNT FOR THE RECEIPT OF SPECIAL ASSESSMENTS AND THE PAYMENT OF PRINCIPAL AND INTEREST ON BEHALF OF ASSESSMENT HOLDERS. COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET ALL AGENCY FUNDS SEPTEMBER 30, 2002 ASSETS Cash and investments Receivables: Special assessments Interest Other Due from other funds Total assets LIABILITIES Clerk of Tax Courts Sheriff Collector 14,988,258 215,722 3,282,959 6,869 214 14,988,258 215,936 3,289,828 Deposits 2,493,929 2O0 199,114 Pine Ridge and Naples Production Park 8,357,896 15,724 52,962 3,455 Toml 29,338,764 15,724 52,962 7,069 202,783 2,693,243 8,430,037 29,617,302 Liabilities: Vouchers payable and accruals Due to other funds Due to other governments Due to indiv/duals Refundable deposits Due to special assessment bondholders Total liabilities 62,839 127,183 35,557 608,189 2,350,396 2,405,770 117,540 275,869 12,510,679 9,041 786,756 21,905 1,897,446 8,408,132 71,880 1,557,685 4,778,071 393,409 14,408,125 8,408,132 $ 14,988,258 215,936 3,289,828. 2,693,243 8,430,037 29,617,302 94 Capital Assets used in the Operation of Governmental Funds COLLIER COUNTY, FLORIDA SCHEDULE OF GOVERNMENTAL ACTIVITIES FIXED ASSETS BY CLASSIFICATION AND SOURCE SEPTEMBER 30, 2002 Governmental Activities Fixed Assets: Land Buildings Infrastructure Improvements other than buildings Equipment Construction in progress Total governmental activities fixed assets Board of County Commissioners $ 63,818,394 136,063,840 276,718,323 63,439,396 56,019,498 30,380,423 Sheriff 32,326,837 Totals 63,818,394 136,063,840 276,718,323 63,439,396 88,346,335 30,380,423 $ 626,439,874 32,326,837 658,766,711 Investment in Governmental Activities Fixed Assets: Prior to 10/1/84 (unidentified) 10/1/84 to 9/30/88 After 10/1/88 from: General fund Special revenue funds General obligation bonds Revenue bonds Federal and State grant funds Proprietary funds Developer customer contributions for enterprise funds Total investment in governmental activities fixed assets $ $ 33,314,317 57,347,038 63,172,268 170,735,688 7,880,271 291,877,672 70,537 1,652,640 389,443 626,439,874 29,740,690 2,586,147 32,326,837 33,314,317 57,347,038 92,912,958 170,735,688 7,880,271 291,877,672 2,656,684 1,652,640 389,443 658,766,711 96 COLLIER COUNTY, FLORIDA SCHEDULE OF GOVERNMENTAL ACTIVITIES FIXED ASSETS BY FUNCTION AND CLASSIFICATION SEPTEMBER 30, 2002 Board of County Commissioners: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Construction in progress Total Board of County Commissioners Land Buildinl~s Infrastructure 11,653,742 49,596,437 1,306,258 43,631,668 6,317,767 1,909,270 29,686,793 664,926 541,251 189,592 14,481,799 14,664,242 25,238,489 Improvements Other Than Buildings Equipment 9,862,756 2,278,018 18,378,934 5,661,552 258,339,389 52,218 169,474 45,415,378 30,380,423 18,975,552 13,074,423 2,744,817 7,193,392 82,783 69%108 13,249,423 Total 90,088,487 60,290,367 35,012,340 295,936,718 624,034 15,539,973 98,567,532 30,380,423 $ 63,818,394 136,063,840 276,718,323 93,819,819 56,019,498 626,439,874 Sheriff: Public safety $ Totfl Sheriff $ 32,326,837 32,326,837 32,326,837 32,326,837 Total Governmental Activities Fixed Assets: General government $ 11,653,742 49,596,437 Public safety 1,306,258 43,631,668 Physical environment 6,317,767 1,909,270 Transportation 29,686,793 664,926 Economic environment 541,251 Human services 189,592 14,481,799 Culture and recreation 14,664,242 25,238,489 Construction in progress - 9,862,756 2,278,018 18,378,934 5,661,552 258,339,389 52,218 169,474 45,415,378 30,380,423 18,975,552 90,088,487 45,401,260 92,617,204 2,744,817 35,012,340 7,193,392 295,936,718 82,783 624,034 699,108 15,539,973 13,249,423 98,567,532 30,380,423 Total governmental activities fixed assets $ 63,818,394 136,063,840 276,718,323 93,819,819 88,346,335 658,766,71l 97 COLLIER COUNTY, FLORIDA SCHEDULE OF GOVERNMENTAL ACTIVITIES FIXED ASSETS BY FUNCTION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Board of County Commissioners: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Construction in progress Total Board of County Commissioners Govemmental Activities Fixed Assets Transfers 10/1/01 Additions Deletions In $ 81,770,476 9,253,084 465,501 52,552,009 7,930,811 102,561 12,475,957 22,698,215 75,841 26,029,307 270,214,585 285,555 78,084 558,290 12,340 15,434,462 166,203 4,153 87,959,472 10,803,626 135,242 5,896,539 66,482,441 53,255 589,103 Govermnental Activities Transfers Fixed Assets Out 9/30/02 522,827 90,088,487 89,892 60,290,367 85,991 35,012,340 610,722 295,936,718 624,034 56,539 15,539,973 60,324 98,567,532 41,998,557 30,380,423 $ 282,196,306 388,107,255 1,081,193 642,358 43,424,852 626,439,874 Sheriff.' Public safety Total Sheriff $ 26,936,138 8,182,040 2,791,341 $ 26,936,138 8,182,040 2,791,341 32,326,837 32,326,837 Total Governmental Activities Fixed Assets: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Construction in progress 81,770,476 9,253,084 465,501 79,488,147 16,112,851 2,893,902 12,475,957 22,698,215 75,841 26,029,307 270,214,585 285,555 78,084 558,290 12,340 15,434,462 166,203 4,153 87,959,472 10,803,626 135,242 5,896,539 66,482,441 Total governmental activities fixed assets $ 309,132,444 396,289,295 3,872,534 53,255 589,103 522,827 90,088,487 89,892 92,617,204 85,991 35,012,340 610,722 295,936,718 624,034 56,539 15,539,973 60,324 98,567,532 41,998,557 30,380,423 642,358 43,424,852 658,766,711 98 Statistical Section (Unaudited) STATISTICAL SCHEDULES DIFFER FROM FINANCIAL STATEMENTS BECAUSE THEY USUALLY COVER MORE THAN ONE FISCAL YEAR AND MAY PRESENT NON-ACCOUNTING DATA. THESE SCHEDULES REFLECT SOCIAL AND ECONOMIC DATA, AND FINANCIAL TRENDS OF COI~LIER COUNTY, FLORIDA. COLLIER COUNTY, FLORIDA GENERAL GOVERNMENTAL REVENUES BY SOURCE (1) LAST TEN FISCAL YEARS (Unaudited) Fiscal Licenses and Inter- Charges for Fines and Year Taxes Permits l~ovemmental Services Forfeitures Other 1993 75,594,053 5,580,335 23,925,093 7,602,666 3,212,998 7,957,014 % 61.0 4.5 19.3 6.2 2.6 6.4 1994 78,828,364 6,339,920 24,573,018 10,921,919 2,903,353 7,611,622 % 60.1 4.9 18.7 8.3 2.2 5.8 1995 84,081,182 5,953,988 25,803,749 10,515,405 3,029,529 8,764,572 % 60.9 4.3 18.7 7.6 2.2 6.3 1996 81,242,733 6,195,006 27,729,698 11,835,016 2,599,487 8,531,631 % 58.8 4.5 20.1 8.6 1.8 6.2 1997 91,122,244 7,412,054 32,781,746 11,996,430 3,436,721 11,882,261 % 57.4 4.7 20.7 7.5 2.2 7.5 1998 96,526,309 8,478,129 34,074,733 13,222,009 3,987,134 12,472,341 % 57.2 5.1 20.2 7.9 2.4 7.2 1999 100,786,748 9,597,795 40,462,312 15,585,360 4,184,515 11,344,973 % 55.4 5.3 22.2 8.6 2.3 6.2 2000 113,784,336 10,645,942 41,652,298 17,453,40l 4,574,911 12,812,241 % 56.6 5.3 20.7 8.7 2.3 6.4 2001 130,301,948 11,196,197 44,190,531 19,671,484 5,943,657 16,815,613 % 57.1 4.9 19.4 8.6 2.6 7.4 2002 163,895,414 12,961,945 50,473,635 21,661,361 6,112,135 21,145,437 % 59.3 4.7 18.3 7.8 2.2 7.7 Totals 123,872,159 131,178,196 138,148,425 138,133,571 158,631,456 168,760,655 181,961,703 200,923,129 228,119,430 276,249,927 (1) Includes General, Special Revenue and Debt Service Funds. Operating transfers in have been excluded from all years. Source: Collier County Comprehensive Annual Financial Report. 100 COLLIER COUNTY, FLORIDA GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1) LAST TEN FISCAL YEARS (Unaudited) Fiscal General Public Physical Economic Human Culture and Debt Year Government Safe~ Environment Transportation Environment Services Recreation Service 1993 26,564,661 48,062,340 10,299,424 6,800,597 375,767 5,269,998 6,655,960 28,743,210 % 20.0 36.2 7.7 5.1 0.3 4.0 5.0 21.7 1994 29,882,425 48,108,704 6,820,768 7,582,423 417,488 5,562,963 7,911,078 10,807,144 % 25.5 41.1 5.8 6.5 0.3 4.8 6.8 9.2 1995 28,696,575 49,748,170 6,859,981 7,827,462 973,404 5,311,490 9,340,755 7,644,760 % 24.6 42.8 5.9 6.8 0.8 4.6 8.0 6.5 1996 29,176,061 53,574,998 18,063,485 9,352,063 1,672,577 5,549,492 12,243,918 13,646,380 % 20.4 37.5 12.6 6.5 1.2 3.9 8.6 9.5 1997 29,027,587 61,972,518 8,770,943 11,295,736 1,488,424 5,383,713 14,448,397 10,007,288 % 20.5 43.5 6.2 7.9 1.0 3.8 10.1 7.0 1998 32,655,958 65,379,929 8,574,843 11,306,889 1,651,652 4,953,181 13,526,082 12,413,354 % 21.7 43.5 5.7 7.6 1.1 3.3 9.0 8.1 1999 35,646,320 74,248,408 ~ 7,336,258 11,247,297 3,206,496 5,385,002 14,310,985 10,959,488 % 22.0 45.7 4.5 6.9 2.0 3.3 8.8 6.8 2000 40,136,276 77,788,938 10,091,443 12,714,939 2,555,165 6,107,950 16,760,442 14,299,363 % 22.3 43.1 5.6 7.0 1.4 3.4 9.3 7.9 2001 47,736,548 90,195,502 12,315,847 17,664,149 2,833,160 7,002,942 18,841,785 12,888,290 % 22.8 43.0 5.9 8.4 1.4 3.3 9.0 6.2 2002 63,933,586 104,233,48l 12,056,345 20,294,584 6,631,850 8,343,487 22,542,728 34,092,249 % 23.5 38.3 4.4 7.5 2.4 3.1 8.3 12.5 Totals 132,771,957 117,092,993 116,402,597 143,278,974 142,394,606 150,461,888 162,340,254 180,454,516 209,478,223 272,128,310 (1) Includes General, Special Revenue and Debt Service Funds. Operating transfers out have been excluded for all years~ Source: Collier County Comprehensive Annual Financial Report. 101 COLLIER COUNTY, FLOR/DA PROPERTY TAX LEVIES AND COLLECTIONS (IN THOUSANDS OF DOLLARS) LAST TEN FISCAL YEARS (Unaudited) Fiscal Year Population 1993 174,664 1994 186,641 1995 186,641 1996 197,400 1997 202,903 County Taxes Collected Percent of Total Commissioners Tax Discounts Plus Taxes Collected Plus Levy Cost Tax Levy Collections Allowed Discounts Discounts to Tax Levy Per Person 68,224 62,416 2,119 64,535 94.59% 390.61 69,983 63,833 2,219 66,052 94.38% 374.96 71,087 64,772 2,284 67,056 94.33% 380.88 78,816 71,876 2,525 74,401 94.40% 399.27 88,547 80,873 2,871 83,744 94.58% 436.40 94,353 86,060 3,083 89,143 94.48% 449.10 97,419 88,636 3,191 91,827 94.26% 443.45 108,490 98,830 3,597 102,427 94.41% 472.06 122,929 111,976 4,086 116,062 94.41% 489.02 157,744 144,504 5,278 149,782 94.95% 596.44 1998 210,095 1999 219,685 2000 229,821 2001 251,377 2002 264,475 Ad valorem taxes levied apply only to govemmental funds under the control of County Commissioners. Property tax levies, based on assessed values as of January 1, become due and payable on November 1 of each year. A 4% discount is allowed if the taxes are paid in November, with the discount declining by 1% each month thereafter. Accordingly, taxes collected will be 100% of the Tax Levy. Taxes become delinquent on April l of each year and tax certificates for the full amount of any unpaid taxes and assessments must be sold not later than June 1 of each year. Property taxes receivable and a corresponding reserve for uncollectible property taxes are not included in the financial statements as there are no delinquent taxes as of September 30, 2002. Sources: Tax Collector Annual Report and State of Florida Department of Community Affairs. 102 COLLIER COUNTY, FLORIDA ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY (IN THOUSANDS OF DOLLARS) LAST TEN FISCAL YEARS (Unaudited) EXEMPTIONS Widow Taxable Fiscal Assessed Governmental Disability Assessed Year Value * and Institutional Homestead and Other Valuation 1993 16,740,669 1,191,083 988,629 14,575 14,546,382 1994 17,682,048 1,313,051 1,039,154 16,788 l 5,313,053 1995 18,617,175 1,523,849 1,093,553 17,579 l 5,982,194 1996 19,684,394 1,588,934 1,146,728 18,071 16,930,66l 1997 20,953,662 1,634,l 73 1,217,637 18,720 18,083,132 1998 22,552,225 1,720,842 1,280,311 21,996 l 9,529,076 1999 24,594,905 1,885,947 1,341,129 25,235 21,342,594 2000 27,947,279 2,081,540 1,413,081 30,457 24,422,201 2001 31,584,941 2,296,674 1,510,735 35,511 27,742,021 2002 37,740,846 2,722,756 1,578,896 44,191 33,395,002 Ratio of Total Assessed to Total Estimated Actual Value 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Property is assessed as of JanuatT 1, and taxes based on these assessments are levied and become due on the following November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the next succeeding calendar year. *The basis of assessed value required by the state is 100% of actual value. Source: Property Appraiser Recapitulation Report. 103 COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS LAST TEN FISCAL YEARS (Unaudited) COLLIER COUNTY OTHER Special Debt Capital County Fiscal General Revenue Service Projects School Independent Year Fund Funds Funds Funds Total District Districts Total 1993 3.2580 .7726 .1094 0.5474 4.6874 8.0000 1.4455 14.1329 1994 3.6729 .7823 .1106 0.0000 4.5658 8.0860 1.5648 14.2166 1995 3.6028 .6834 ~1062 0.0000 4.3924 8.3227 1.5028 14.2179 1996 3.4918 .7091 .0989 0.0000 4.2998 8.6000 1.5353 14.4351 1997 3.7266 .7567 .0490 0.0000 4.5323 8.6918 1.5420 14.7661 1998 3.6838 .7604 .0452 0.0000 4.4894 8.4298 1.5941 14.5133 1999 3.5540 .6689 .0420 0.0000 4.2649 8.5173 1.4801 14.2623 2000 3.5086 .6419 .0355 0.0000 4.1860 7.7661 1.4654 I3.4175 2001 3.5050 .6624 .0318 0.0000 4.1992 7.7334 1.4607 13.3933 2002 3.8797 .6238 0.0257 0.0000 4.5292 7.1464 1.3813 13.0569 Basis for property tax rates is I mill per $1,000 of assessed value. Property is assessed as of January I and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and tax levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Beginning fiscal year 1994, the millage rates for capital projects are included in the General Fund millage rate. Sources: Collier County annual adopted budget and the Property Appraiser Recapitulation Report. 104 COLLIER COUNTY, FLORIDA SPECIAL ASSESSMENT BILLINGS AND COLLECTIONS LAST TEN FISCAL YEARS (Unaudited) Current Current Ratio of Total Fiscal Assessments Assessments Collections Outstanding Year Due Collected to Amount Due Assessments 1993 2,232,546 2,970,481 133% 21,707,800 1994 1,919,042 3,207,550 167% 18,963,490 1995 1,953,08 l 2,307,329 118% 17, l 28,145 1996 2,106,154 2,956,584 140% 15,471,790 1997 1,864,40l 3,964,276 212% 15,474,223 1998 1,676,357 2,767,775 165% 13,599,305 1999 1,507,448 2,549,513 169% 11,820,791 2000 1,370,036 2,307,460 168% 10,115,228 2001 1,251,057 2,015,425 l 61% 8,678,586 2002 1,107,427 1,784,057 l 6 1% 7,307,245 Excludes Pine Ridge and Naples Production Park assessments for which the County acts as agent for the bondholders. Source: Collier County Assessment Recapitulation Report. 105 COLLIER COUNTY, FLORIDA COMPUTATION OF LEGAL DEBT MARGIN September 30, 2002 (Unaudited) The Constitution of the State of Florida, Florida Statute 200.181 and Collier County set no legal debt limit. COMPUTATION OF DIRECT AND OVERLAPPING DEBT September 30, 2002 (Unaudited) Percent Amount Net Debt Applicable to Applicable to Governmental Entity Outstanding (1) Collier County (2) Collier County Direct: Collier County General Obligation Bonds $ 718,539 100.00% 718,539 (1) Excludes amounts available in Debt Service Funds for payment of interest and pr/ncipal. (2) Applicable percentage is determined by the ratio of assessed valuation of property subject to taxation in the overlapping unit to the valuation of property subject to taxation in the reporting entity. Source: Collier County Comprehensive Annual Financial Report. 106 COLLIER COUNTY, FLORIDA RATIO OF NET GENERAL BONDED DEBT TO ASSESSED VALUES AND NET BONDED DEBT PER CAPITA LAST TEN FISCAL YEARS (Unaudited) Fiscal Year Population 1993 174,664 1994 186,641 1995 186,641 1996 197,400 1997 202,903 1998 210,095 1999 219,685 2000 229,821 200l 251,377 2002 264,475 Debt Service Taxable Valuation Gross Bonded Monies Net Bonded (In Millions) Debt Available Debt 14,546 10,021,000 47,489 9,973,5 l 1 15,313 9,102,000 66,636 9,035,364 15,982 8,115,000 105,423 8,009,577 16,931 7,240,000 100,720 7,139,280 18,083 6,100,000 88,980 6,01 1,020 19,529 3,680,000 53,462 3,626,538 21,343 3,000,000 53,373 2,946,627 24,422 2,295,000 43,576 2,251,424 27,742 1,560,000 80,638 1,479,362 33,395 795,000 76,461 718,539 Ratio of Net Bonded Debt to Assessed Value 0.07% 0.06% 0.05% 0.04% 0.03% 0.03% 0.02% 0.01% 0.01% 0.002% Net Bonded Debt Per Capita 57.10 48.41 42.9l 36.17 29.63 17.26 13.4l 9.80 5.89 2.72 Sources: www.myflorida.com/population Property Appraiser Recapitulation Report. Collier County Comprehensive Annual Financial Report. 107 COLLIER COUNTY, FLORIDA RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES LAST TEN FISCAL YEARS (Unaudited) litA Total Ratio of To~l lnmrest General Debt Service Fiscal and Fiscal Total Expenditures to General Year Principal Charses Debt Service (l) Expenditures 1992 802,000 788,493 1,590,493 111,963,898 1.42% 1993 858,000 737,046 1,595,046 132,771,957 1.20% 1994 919,000 681,009 1,600,009 117,092,993 1.37% 1995 987,000 622,924 1,609,924 116,402,597 1.38% 1996 1,110,000 587,002 1,697,002 143,278,974 1.19% 1997 1,140,000 366,607 1,506,607 142,394,606 1.05% 1998 2,420,000 247,438 2,667,438 150,461,888 1.78% 1999 680,000 150,055 830,055 162,340,254 0.51% 2000 705,000 122,855 827,855 180,454,516 0.50% 2001 735,000 94,863 829,863 209,478,223 0.40% 2002 765,000 65,255 830,255 272,128,310 0.31% (1) Includes General, Special Revenue and Debt Service Funds. Source: Collier County Comprehensive Annual Financial Report. 108 COLLIER COUNTY, FLORIDA SCHEDULE OF WATER AND SEWER FUNDS REVENUE BOND COVERAGE (1) LAST TEN FISCAL YEARS (Unaudited) Net Revenue Debt Service Requirements Fiscal Gross Available for Year Revenue (2) Expenses (3) Debt Service Principal Interest Total Coverase (4) 1993 32,166,459 13,142,832 19,023,627 2,128,293 7,352,527 9,480,820 2.01 1994 35,638,564 15,142,535 20,496,029 2,441,659 7,033,492 9,475,151 2.16 1995 37,250,837 17,051,9l 6 20,198,92 l 4,230,737 6,226,952 10,457,689 I. 93 1996 38,691,604 18,135,792 20,555,812 4,095,477 6,767,030 10,862,507 1.89 1997 43,408,125 19,356,555 24,051,570 3,782,654 6,372,175 10,154,829 2.36 1998 45,541,765 19,112,573 26,429,192 5,975,610 6,119,384 12,094,994 2.20 1999 49,104,496 21,128,773 27,975,723 3,877,329 5,626,920 9,504,249 2.94 2000 53,623,839 29,161,075 24,462,764 4,991,217 5,490,994 10,482,211 2.33 2001 56,501,950 34,539,980 21,961,970 5,146,926 5,227,250 10,374,176 2.11 2002 58,321,227 32,705,026 25,616,201 6,692,495 5,052,602 11,745,097 2.18 (1) Coverage applies to the County Water and Sewer District, Marco Water and Sewer District through 2000, and Goodland Water District. (2) Operating revenues plus other income and operating transfers in. (3) Total expenses and operating transfers out, excluding depreciation, amortization, extraordinary losses and interest expense. (4) Net revenue divided by total debt service requirements. Source: Collier County Comprehensive Annual Financial Report. 109 COLLIER COUNTY, FLORIDA SALARIES AND SURETY BONDS OF PRINCIPAL OFFICIALS SEPTEMBER 30, 2002 (Unaudited) Name and Title of Official Annual Salary Amount of Surety Bond James N. Coletta, Jr. Thomas K. Henning James D. Carter, Ph.D. Donna L. Fiala Fred W. Coyle Dwight E. Brock Don Hunter Jennifer J. Edwards Abe Skinner Guy L. Carlton James V. Mudd - Chairman, Board of County Commissioners - Vice Chairman, Board of County Commissioners - Member, Board of County Commissioners - Member, Board of County Commissioners - Member, Board of County Commissioners - Clerk of the Circuit Court - Sheriff - Supervisor of Elections - Property Appraiser - Tax Collector - County Manager 61,798 61,798 61,798 61,798 61,798 112,867 118,384 94,827 112,867 112,867 150,000 5,000 5,0OO 5,000 5,000 5,000 5,000 10,000 5,000 10,000 250,000 Blanket Bond * Excludes perquisites. Source: Collier County Payroll Department. 110 COLLIER COUNTY, FLORIDA DEMOGRAPHIC STATISTICS SEPTEMBER 30, 2002 LAST TEN FISCAL YEARS (Unaudited) Fiscal Year Population (1) Per Percent Capita Increase Income (2) 1993 174,664 3.5% 1994 186,64l 6.9% 1995 186,641 0.0% 1996 197,400 5.8% 1997 202,903 2.7% 1998 210,095 3.5% 1999 219,685 4.6~o 2000 229,821 4.6% 2001 251,377 9.3% 2002 264,475 5.2% School Enrollment(3) Unemployment Rate (4) 28,574 25,437 8.5% N/A 24,364 8.2% N/A 27,634 6.9% 30,201 24,428 6.4% 30,906 32,572 5.9% 32,878 31,222 4.6% 34,830 31,829 3.8% 36,210 33,363 3.8% 38,916 34,616 3.5% 40,121 37,110 4.2% N/A = Data not available. Sources: (1) WWwlmyfloridalcom\population (2) University of Florida, Bureau of Economic and Business Research, 2001 Per Capita Income revised by Department of Commerce (3) Collier County School Board, based on full time equivalent enrollment (4) Florida Department of Labor, Bureau of Labor Statistics; and Division of Employment. 111 COLLIER COUNTY, FLORIDA PROPERTY VALUE, CONSTRUCTION AND BANK DEPOSITS LAST TEN FISCAL YEARS (Unaudited) Construction and Property Values Commercial/Industrial Residential (1) Fiscal Number of Value Number of Number of Value Year PermiB (2) Un Thousands)(3) Permits(2) Units(2) (In Thousands)(3) 1993 320 51,958 2,254 3,415 303,851 1994 298 62,211 2,684 4,073 397,861 1995 266 47,724 14,191 4,323 475,769 1996 275 60,789 14,555 5,001 529,834 1997 345 87,748 16,718 6,481 608,996 1998 350 125,889 18,541 6,691 763,252 1999 368 133,441 20,503 8,335 857,745 2000 393 157,340 22,030 8,101 1,017,208 2001 266 111,882 21,257 7,683 965,055 2002 219 129,195 22,730 7,824 943,460 Bank Deposits (In Thousands)(4) 2,097,133 2,707,107 2,870,991 3,112,346 3,463,731 3,767,516 4,102,784 4,658,978 5,t53,782 5,844,144 (1) Includes Duplexes, Mobile Homes, Multi-Family and Single Family Structures. (2) Department of Community Development - Permit/unit report by type of structure (new structures only). Number of units of non-residential construction is not available. (3) Value is stated at market value. (4) Florida Banker's Association. Source: Collier County Department of Community Development and the Florida Banker's Association. 112 COLLIER COUNTY, FLORIDA PRINCIPAL TAXPAYERS COUNTY-WIDE 2002 TAX ROLL (Unaudited) Owner/Taxpayer Florida Power & Light Company HMC BN LTD Partnership Sprint-Florida Incorporated City National Bank of Miami Coastland Center Joint Venture Marco Island Utilities Collier Development Corporation Lutgert TR, Raymond L. CC-Naples Inc Lee County Electric Co-Op Inc 2002 Property Taxes Levied Percent of Total Taxes Levied $ 1,814,540 0.40% 1,714,713 0.38% 1,494,248 0.33% 1,224,291 0.27% 1,085,056 0.24% 728,236 0.16% 658,865 0.14% 651,178 0.14% 636,340 0.14% 576,303 0.13% Total $ 10,583,769 Total Property Taxes Levied $ 455,219,272 2.32% Amounts for taxpayers with similar names have not been combined. Source: Property Appraiser's taxpayer listing in order of taxes levied. 113 COLLIER COUNTY, FLORIDA MISCELLANEOUS STATISTICAL DATA SEPTEMBER 30, 2002 (Unaudited) Date of esti~blishment: 1923 Form of Government: Constitutional County Present area: 2,026 square miles Population: Date Residents 1989 143,700 1990 152,100 1991 161,600 1992 168,500 1993 174,664 1994 186,641 1995 186,641 1996 197,400 1997 202,903 1998 210,095 1999 219,685 2000 229,821 2001 251,377 2002 264,475 County Employees (Dependent Districts): As of September 30, 2002 3,l 14 Elections: Number of registered voters 143,131 Number of voters turned out for last general election 95,350 - 77.1% (l) Excludes Independent Fire Districts. (2) Excludes City Police and State Troopers. (3) Excludes Lighting Districts. (4) New Structures and Renovations. Education: Number of Schools: High schools Middle Schools Elementary Schools Vocational Technical Number of administrators Number of non-instructional Number of teachers Construction permits: (4) Permits issued Estimated construction costs Police Protection: (2) Number of stations Number of employees: Certified law enforcement Certified correction officers Civilian employees Certified Judicial employees Fire Protection: (1) Number of stations Number of employees Number of volunteers-approximate Miscellaneous County Information: Miles of streets Number of street lights (3) Number of traffic lights Number of county maintained parks Number of libraries Number of volumes in libraries Water and Sewer Department: Number of water and sewer customers Daily water consumption peak season (gallons) Miles of water lines Miles of sanitary sewers Miles of primary and secondary drainage facilities . 5 8 24 2 342 2,126 2,440 27,152 1,167,664,954 561 197 324 27 2 14 10 1,463 2,378 181 44 9 456,233 48,668 31,905,378 639 755 311 114 COLLIER COUNTY, FLORIDA MAJOR INDUSTRIES WITHIN COLLIER COUNTY SEPTEMBER 30, 2002 (Unaudited) Industr7 Hotels and other Lodging Health Care and Social Services Professional and Business Services Finance, Insurance and Real Estate Arts, Entertainment and Recreation Services - other Services Firms Employee Count * 68 3,956 599 11,059 1,911 12,433 1,050 6,026 160 4,263 1,001 4,384 4,789 42,121 Eating and Drinking Places 482 7,023 Food Stores 114 3,981 Auto Dealers and Service Stations 184 2,522 Home Furniture and Furnishings 160 949 Retail Trade - other 454 2,663 Apparel and Accessory Stores 265 1,863 General Merchandise Stores 28 2,293 Building Hardware and Garden 107 2,065 Retail Trade 1,794 23,359 Federal Government 20 667 State Govemment 44 899 Local Government 22 9,647 Government 86 l 1,213 Agriculture, Forestry and Fisheries 121 4,378 Construction 1,336 l 4,525 Manufacturing 277 2,926 Transportation, Communication and Public Utilities 301 3,297 Wholesale Trade 389 2,506 Mining 1 l 63 Other 2,435 27,695 Total 9,104 104,388 * Average number of people employed in 2002. Source: Florida Department of Labor & Employment Security; Bureau of Labor Market Information ES-202 report. 115 COLLIER COUNTY, FLORIDA SCHEDULE OF INSURANCE IN FORCE SEPTEMBER 30, 2002 Type of policy and Type of coverai~e Property (1) $1,000,000 Landm ark American 10/01/2002 General Liability (2) $2,000,000 per occurrence Landmark American 10/01/2002 including products and completed operations $2,000,000 (all third party coverages in this section) $2,000,000 (Products and Completed Operations) Public Officials Error & $5,000,000 occurrence/ Landmark American 10/01/2002 Omissions aggregate Excess Property $99,000,000 X $1,000,000 Various l 0/01/2002 Excess Crime $4,000,000 Crum & Forster 10/01/2002 Automobile Liability $1,000,000 Landmark American 10/01/2002 Accidental Death $75,000 Unlawful and Hartford Insurance Co. 10/01/2002 Intentional Death Airport Liability $1,000,000 per occurrence Old Republic Insurance Co. 10/01/2002 Aircraft Liability 5,000,000 occurrence AAU 10/01/2002 including Passenger Boiler & Machinery $25,000,000 Hartford Steam Boiler 10/01/2002 Pollution Liability $2,000,000/$4,000,000 Greenwich Insurance 10/01/2002 Expiration Limits of Liability Company Date Public Officials Various amounts on Various Various Bonds (3) Designated Officials Excess Workers' Compensation Statutory-WC Safety National 10/01/2002 Contingent Medical Malpractice $1,000,000 Hull & Company 10/01/2002 Flood Insurance Various Various 10/01/2002 Clinic Medical Malpractice $1,000,000 Hull & Company 10/01/2002 Builders Risk $39,000,000-South County Royal Surplus Lines 10/01/2002 Water Reclamation Facility Builders Risk $23,355,000-South County Arch Specialty Insurance 10/01/2002 Reverse Osmosis Plant Annual premium on Auto Liability does not include Sheriffs Department. (1) Includes real, personal, auto physical damage, inland marine equipment, extra expense, EDP, watercraft, valuable papers and records, business interruption, rental value, contractors' equipment, computer equipment and software, flood, earthquake and crime. (2) Includes Public Officials Errors & Omissions, Medical Attendants Malpractice. (3) Public Officials Liability. Source: Collier County Risk Management Department. Annual Premium $ 595,000 *Included in (1) *Included in (1) $ 2,549,292 $ 5,250 *Included in (l) $ 9,483 $ 11,375 $ 163,505 $ 9,370 $ 75,519 Various $ 69,600 $ 28,954 $ 105,543 $ 3,917 $ 175,000 $ 110,000 116 Single Audit/Federal and State Schedule of Financial Assistance THE SINGLE AUDIT/FEDERAL AND STATE SCHEDULE OF FINANCIAL ASSISTANCE SECTION PRESENTS GRANT COMPLIANCE REPORTS FILED BY COLLIER COUNTY WITH THE FEDERAL GOVERNMENT AND STATE GOVERNMENT, RESPECTIVELY. THIS PAGE INTENTIONALLY LEFT BLANK RO. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the basic financial statements of Collier County, Florida as of and for the year ended September 30, 2002, and have issued our report thereon dated March 1, 2003, which referred to the County's adoption of new accounting and reporting standards. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Collier County, Florida's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Governmental Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered Collier County, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on internal control over financial reporting. Our consideration of internal control over financial reporting would not necessarily disclose all matters in internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over financial reporting and its operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting, which we have reported to management of Collier County, Florida in a separate letter dated March 1, 2003. This report is intended solely for the information and use of Collier County, Florida Board of County Commissioners, management and federal and state awarding agencies and pass-through entities, and is not intended to be and should not be used by anyone other than these specified parties. March 1,2003 KPMG -L? KPMG LLF~ a LJ S limited ~abilit¥ parlcershio, is a mernber of KPMG :nternat~onal, a Swiss assoclat on 119 P.O. Box 1439 Tampa, FL 33601-1439 Independent Auditor's Report on Compliance and Internal Control Over Compliance Applicable to Each Major Federal Program and State Project Distinguished Members of the Board of County Commissioners Collier County, Florida: Compliance We have audited the compliance of Collier County, Florida (the County) with the types of compliance requirements described in thc U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to each of its major federal programs and state projects for the year ended September 30, 2002. The County's major federal programs and state projects are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs and state projects is the responsibility of the County's management. Our responsibility is to express an opinion on Collier County, Florida's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures, as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. In our opinion, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30, 2002. KPMG LLP KPMG LLF~ a US hmired liability pa,tnership, a member of KPMG International, a Swiss association. 121 Internal Control Over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that noncompliance with the applicable requirements of laws, regulations, contracts, and grants that would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards and State Projects We have audited the basic financial statements of Collier County, Florida as of and for the year ended September 30, 2002, and have issued our report thereon dated March 1, 2003, which referred to the County's adoption of new accounting and reporting standards. Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards and state projects is presented for purposes of additional analysis as required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of the Collier County, Florida Board of County Commissioners, management and federal and state awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than those specified parties. March 26, 2003 123 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title Corporation for National and Community Service Direct Programs: Retired and Senior Volunteer Program Total Corporation for National and Community Service Environmental Protection Agency Indirect Programs: Florida Department of Environmental Protection: State Revolving Fund Total Environmental Protection Agency Federal Emergency Management A~,encv Indirect Programs: Florida Department of Community Affairs: Emergency Management Performance Grant FEMA - Tropical Storm Gabrielle Terrorism Annex Total Federal Emergency Management Agency National Foundation on the Arts and the Humanities Indirect Programs: Florida Department of State: LSTA - Seniors on Line Total National Foundation on the Arts and the Humanities United States Department of Agriculture Direct Programs: Incubator - Phase 2 Indirect Programs: Florida Department of Agriculture and Consumer Services: Forestry State Grant Forestry State Grant Total CFDA Florida Department of Education: School Breakfast School Lunch Summer Food Service Program for Children Total United States Department of Agriculture United States Department of Commerce Direct Programs: Economic Development Grant Total United States Department of Commerce CFDA #/ CSFA # Grant/Contract Number 94.002 01SRSFL078 66.458 CS 120597100-Collier Co. 83.534 0 I-CP-04-09-21-01-011 83.545 Collier County 83.548 01-EO-N2-09-21-22-013 45.310 00-LSTA-E-02 10.769 Collier County 10.662 Ochopee Fire District 10.662 Isle of Capri Fire District 10.553 01-0338 10.555 01-0338 10.559 04-804 11.300 04-01-04619 Expenditures $ 62,400 62,400 2,567,823 2,567,823 37,482 1,314,080 3,200 1,354,762 55,695 55,695 171,625 4,835 1,030 5,865 11,994 21,923 386,578 597,985 409,567 409,567 (Continued) 125 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title United States Department of Fish and Wildlife Indirect Programs: Florida Fish and Wildlife Conservation Commission Artificial Reef Total United States Department of Fish and Wildlife United States Department of Health and Human Services Indirect Programs: Florida Dcpartment of Elder Affairs - Ama Agency on Aging for Southwest Florida, Inc.: Special Programs for the Aging - Title III, Part 13 - Grants for Supportive Services and Senior Centers Special Programs for the Aging - Title IIl, Part B - Grants for Supportive Services and Senior Centers Total CFDA Special Programs for the Aging - Title III, Part C-1 - Nutrition Services Special Programs for the Aging - Title III, Part C-1 - Nutrition Services Special Programs for the Aging - Title III, Part C-2 - Nutrition Services Special Programs for the Aging - Title III, Part C-2 - Nutrition Services Total CFDA National Family Caregiver Support ~ Title III-E Florida Department of Revenue: Child Support Enforcement Child Support Enforcement Total CFDA Total United States Department of Health and Human Services United States Department of Housing and Urban Development Indirect Programs: Florida Department of Community Affairs: Community Development Block Grant Community Development Block Grant Community Development Block Grants - Small Cities Programs Total United States Department of Honsing and Urban Development United States Department of Transportation Indirect Programs: Florida Department of Transportation: DUI Enforcement Traffic Crash Report Total CFDA Highway Planning and Construction Highway Planning and Construction Total CFDA CFDA #/ CSFA # Grant/Contract Number 15.605 FWCC 01047 93.044 OAA203.01 93.044 OAA203.02 93.045 OAA203.01 93.045 OAA203.02 93.045 OAA203.01 93.045 OAA203.02 93.052 OAA203.02 93.563 CC311 93.563 HZFI4 14.218 B-01-UC-12-0016 14.218 B-02-UC-12-0016 14.228 00-DB-6B-09-21-0 I-E05 20.600 J8-02-06-07 20.600 FT-02-24-04 20.205 PL-0313(39) 20.205 PL-0313(40) Expenditures 25,000 25,000 47,526 81,443 128,969 4,056 13,425 8,631 12,558 38,670 11,732 427,077 8,865 435,942 615,313 1,290,218 313,558 1,603,776 541,251 2,145,027 27,412 47,275 74,687 208,784 68,234 277,018 (Continued) 126 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title FTA Grant Sectio~ 5307 Section 5307 Total CFDA Immokalee Circulator 3 Immokalee Circulator 4 Immokalee Circulator 5 Total CFDA Paratransit Vehicles Total United States Department of Transportation United States Department of Justice Direct Progams: Office of Community Oriented Policing: State Criminal Alien Assistance Program (SCAAP) State Criminal Alien Assistance Program (SCAAP) Total CFDA COPS Universal COPS MORE O0 COPS MORE 02 COPS in Schools COPS in Schools Total CFDA Bureau of Justice Assistance: Bullet Proof Vests Office of Justice Programs: Local Law Enforcement Block Grant Local Law Enforcement Block Grant Local Law Enforcement Block Grant Local Law Enforcement Block Grant Total CFDA Indirect Programs: Florida Office of Attorney General: Victim of Crime Act (VOCA) Florida Department of Juvenile Justice: Civil Citation Florida Department of Law Enforcement Juvenile Arrest and Monitoring II COPS THUGS Total CFDA STOP Violence Against Women Grants Program Total United States Department of Justice TOTAL EXPENDITURES OF FEDERAL AWARDS CFDA #/ CSFA # Grant/Contract Number 20.505 AK 894 20.507 FL-90-X436 20.507 FL-90-X456-00 20.509 AI 078 20.509 Al 758 20.509 AK889 20.513 AI 757 16.606 2000APBX0483 16.606 2001APBX0905 16.710 95CCWX0265 16.710 2000CMWX0058 16.710 2002CLWX0035 16.710 1999SHWX0314 16.710 2000SHWX0839 16.607 Collier County 16.592 99LBVX7088 16.592 2000LBVX0998 16.592 2001LBBXI269 16.592 2002LBBX0347 16.575 VI001 16.523 CC015 16.579 16.579 16.579 16.588 02-CJ-2H-09-21-01-071 02-CJ-2H-09-21-01-070 03-CJ-JI-09-21-01-237 00-DV-FI-09-21-01-042 Expenditures 30,635 119,664 415,449 535,113 53,958 112,200 90,245 256,403 162,778 1,336,634 266,741 87,775 354,516 628,367 91,785 209,379 205,988 558,587 1,694,106 14,700 79,898 269,617 141,832 7,325 498,672 100,190 15,407 108,750 103,810 115 212,675 140,821 3,031,087 $ 12,201,293 (Continued) 127 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title Florida Department of Community Affairs Emergency Preparedness and Assistance Trust Fund Hazard Mitigation Total Florida Department of Community Affairs Florida Department of Elder Affairs Area Agency on Aging for Southwest Florida, lnc: Home Care for the Elderly Home Care for the Elderly Total CSFA Community Care for the Elderly Community Care for the Elderly Total CSFA Alzheimer's Disease Initiative Total Florida Department of Elder Affairs Florida Department of Environmental Protection Beach Erosion Control Program Electronic Recycling Small Quantity Hazardous Waste Total Florida Department of Environmental Protection Florida Department of Fish and Wildlife Derelict Vessel Artiftcial Reef Monitoring Total Florida Department of Fish and Wildlife Florida Department of Health and Rehabilitative Services Emergency Medical Services County Award Emergency Medical Services County Award Total CSFA EMS - Training Total Florida Department of Health and Rehabilitative Services Florida Department of Juvenile Justice Juvenile Arrest and Monitoring 1 Juvenile Arrest and Monitoring II Total CSFA DRILL Aftercare DRILL Aftercare DRILL Aftercare DRILL Residential Total CSFA Total Florida Department of Juvenile Justice CFDA #/ CSFA # Grant/Contract Number Expenditures 52.008 52.011 01-CP-04-09-21-01-011 02-PR-37-09-21-01-001 101,653 39,180 140,833 65.001 65.001 65.010 65.010 65.004 HCE203.311.02 HCE316.203.03 CCE203.302.02 CCE304.203.03 AD1306.203.03 2,828 1,121 3,949 247,051 2,586 249,637 108 253,694 80,889 25,184 46,511 152,584 30,950 750 31,700 46,521 39,030 85,551 5,925 91,476 68,435 26,614 95,049 123,188 245,700 122,850 821,250 1,312,988 1,408,037 37.003 37.031 50.840 01-C01 LC01-09 HW 484 77.005 77.007 01014 RE01-09 64.005 64.005 64.003 C00-11 CG011 EMO01 80.004 80.004 80.006 80.006 80.006 80.006 PC220 DP186 U3 KO 1 H9005 (1/02-6/02) H9005 (6/02-7/03) H9005 (Continued) 128 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 Federal or State Grantor/Pass-Through Grantor Program Title Florida Department of State Immokalee Branch Library Voter Education Voting Machines Total CSFA State Aid to Libraries State Aid to Libraries Total CSFA Total Florida Department of State Florida Housing Finance Commission Urban Infill State Housing Initiatives Partnership Program State Housing Initiatives Partnership Program State Housing Initiatives Partnership Program Total CSFA Total Florida Housing Finance Commission Office of the Governor Economic Development Grant - Loop Road Total Office of the Governor Florida Department of Transportation Transportation Disadvantaged Transportation Disadvantaged Total CSFA Bulk Storage Hangar Marco Mitigation Phase I Marco Runway Lights Marco T-Hangars Marco T-Hangars (Second Set) Mitigation Airport Operations Total CSFA Livingston Road - Phase 2 State Block Grant State Block Grant Total CSFA Bus Shelters Customs Facility - Fast Track Total CSFA Total Florida Department of Transportation Office of the State Court Administrator Civil Traffic Infraction Hearing Officers State Court Grant - Article V Total Office of the State Court Administrator TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE CFDA #/ CSFA # Grant/Contract Number 45.020 02-PLC-02 45.029 Collier County 45.029 Collier County 45.030 01-ST-09 45.030 02-ST-09 52.021 52.901 52.901 52.901 01 -II-07-09-21-01-004 FY 01 FY 02 FY 03 31.002 99/001 lA 55.001 AK271 55.001 AL 952 55.004 AI413 55.004 AL461 55.004 AG227 55.004 AI 781 55.004 AG223 55.004 Al 526 55.004 AK496 55.008 410003-1-54-01 55.010 AJ346 55.010 AK892 55.014 AI 079 55.014 AJ 847 22.001 Collier County 22.003 Collier County Expenditures 32,284 22,970 360,000 382,970 175,671 280,196 455,867 871,121 300,000 731,730 1,748,014 744,571 3,224 315 3,524,315 53 53 268,713 82,813 351,526 58,815 183 8,184 10,041 10,980 23,148 44,000 155,351 1,810,059 100,442 159,481 259,923 29,299 58,089 87,388 2,664,247 6,000 27,918 33,918 $ 9,171,978 129 COLLIER COUNTY, FLORIDA NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS SEPTEMBER 30, 2002 NOTE 1 - BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance includes the Federal and State grant activity for Collier County, Florida and is presented on the modified accrual basis of accounting. The information, in this schedule is presented in accordance with the requirements of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations and Section 215.97, Florida Statutes. Therefore, some amounts presented in this schedule may differ from amounts presented, or used in the preparation of, the basic financial statements. NOTE 2 - LOANS OUTSTANDING Collier County, Florida had the following loan balance outstanding at September 30, 2002. This loan balance is also included in the Federal expenditures presented in the Schedule of Expenditures of Federal Awards. Program Title Federal CFDA Number Total Outstanding State Revolving Fund 66.458 $40,259,284 NOTE 3 - SUBGRANT AWARDS The following subgrant awards were made by Collier County during fiscal year 2002: Program Title CFDA/CSFA Number Community Development Block Grant 14.218 Florida Housing Finance Commission - Urban Infill 52.021 Subgrant Amount $1,411,891 $300,000 130 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2002 (1) Summary of Auditor's Results (a) An unqualified opinion was issued on the basic financial statements. (b) There were no reportable conditions or material weaknesses in internal control identified by the audit of the basic financial statements. (c) There was no noncompliance noted which is material to the basic financial statements. (d) There were no reportable conditions or material weaknesses identified in internal control over major federal programs or state projects. (e) An unqualified opinion was issued on compliance for the major federal programs and state projects. (f) There were no audit findings relative to the major federal programs that are required to be reported in accordance with Section 510(a) of Circular A-133 and there were no audit findings for state projects that are required to be reported in accordance with Chapter 10.550, Rules of the Auditor General. (g) Major programs: Federal programs: Environmental Protection Agency: State Revolving Loan Federal Emergency Management Agency: FEMA - Tropical Storm Gabrielle Department of Commerce: Economic Development Grant Department of Health and Human Services: Child Support Enforcement Department of Housing and Urban Development: Community Development Block Grant Community Development Block Grants - Small Cities Program Department o f Justice: Local Law Enforcement Block Grant State Criminal Alien Assistance Program State programs: Florida Department of State: Voting Machines State Aid to Libraries Florida Housing Finance Commission: Urban Infill State Housing Initiatives Partnership Program Florida Department of Transportation: Livingstone Road - Phase 2 CFDA#/CSFA# 66.458 83.545 11.300 93.563 14.218 14.228 16.592 16.606 45.029 45.030 52.021 52.901 55.008 131 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30, 2002 (h) A $366,038 and $300,000 threshold was used to distinguish between Type A and Type B for federal programs and state projects, respectively. (i) The auditee did qualify as a low-risk auditee under Section 530 of OMB Circular A-133. (2) Findings Relating to the Financial Statements Reported in Accordance With Government Auditing Standards None. (3) Findings and Questioned Costs Relating to Federal Programs None. (4) Findings and Questioned Costs Relating to State Projects None. 133 COLLIER COUNTY, FLORIDA Status of Prior Year Findings Year ended September 30, 2002 Finding 2001-1 U.S. Department of Transportation Highway Planning and Construction CFDA #20.205 Recommendation: We recommend that Collier County establish procedures that require the individual who has payroll costs charged to the grant program to complete the certification that the employees worked solely on that program for the period covered by the certification. The Alternative Transportation Modes Department has been maintaining the detailed timesheets and they have been certified on a quarterly basis to coincide with the quarterly reimbursement requests. Contact: Lisa Hendrickson Alternative Transportation Modes (239) 213-5889 Finding 2001-2 State Housing Initiatives Partnership (SHIP) CFSA #52.901 Recommendation: We recommend that the County implement procedures to accurately report program activity in the correct category. The Office of Housing and Urban Improvement has been coordinating financial information and reporting with the Clerk's Finance Department throughout the year. Contact: Cormac Giblin Housing and Urban Improvement (239) 403-2336 135 Southem Golden Gate Estates Post Restoration Road Plan 9 March 2003 DRAFT 175 ',~ !~ : : "-~ ' ~ ~" Ave SE B~' Berso~ ,' ' ..... h .~ g. - ....' ', ',~ a B~ / ~ ~', < I ~A~eSE : ~ l~ I ~ m; 62AveSE 62 Ave - = = -- ~ I / i m ~ Ave SE ' ~ ~ ~ ~AveSE~ ~ Ave ~e ~ / 69 Ave ~ 70~ve SE 70 Ave SE ~ ...... 78 Ave SI 78 Aw SE 10 0 Av~ 102 Av~ 114Aw SE 124 Aw 126 Av~ SE Stewart SE SE Lyn_c_h. rn ~Stewart" 08 Ave SE vd N Road Plan March 2003 DRAFT CLASS ~ Highway ='~ Primary - All Weather Roads ==~ Secondary - Dry Season at Grade .... Service ~ Trails, Memorandum To: From: Date: Subject: Board of County Commissioners May 27, 2003 Airport System Assessment This purpose of this memo is to recap the Board's discussion and action on December 17, 2002 and again on January 14, 2003, regarding an assessment of the County's airport system. The Board has asked the County Manager, with the assistance of Commissioner Coyle and additional County staff to review the airport system and return with recommendations to the Board for future operation. These recommendations may also include modifications to the Airport Authority ordinance. Previous board discussion indicated that the review should begin after the receipt of the Airport Authority's tentative budget. Having received this document and with the Board of County Commissioners approval, the County Manager will proceed with an evaluation and return to the Board with recommendations for future operation. Office of the County Manager MEMORANDUM Date: To: From: Re: May 28, 2003 Barry Axelrod, Project Manager Information Technology Department Trish Morgan, Deputy Clerk Minutes & Records Department Change Order No. 1 Work Order No. WMI-FT-01-08 Project No. N8232-001-008 Please find enclosed a copy of document referenced above, approved by the Board of County Commissioners on Tuesday, May 27, 2003 (Agenda Item #16A1) . If you should have any questions, please call me at: 774-8406. Thank you. Enclosure CHANGE ORDER TO WORKORDER # 1 TO: WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, FL 34105 FROM: Community Development & Environmental Svcs 2800 N. Horseshoe Drive Naples, FL 34104 Project Name: CDES Division GIS Data Layers Project No. N8232-001-008 Work Order Dated: September 23, 2001 Change Order No.: 1 Change Order Description: Work Order No. WMI-FT-01-08 Date: April 25, 2002 This change order is to approve a work order amendment for converting existing AutoCad data directly to GIS in the amount of $25,000. Original agreement amount ............................................................... $108,600 This Change Order No. 1 Amount (add or subtract) ......................... $ 25,000 Revised Agreement Amount ............................................................. $133,600 Original contract time in calendar days .................................................... 98 days Adjusted number of calendar days due to previous change orders ..................... 0 days This change order adjusted time is ........................................................... 30 days Revised Contract Time in working days ................................................. 128 days Original Notice to Proceed date .................................................. 01/2001 Completion date based on original contract time ......................... 05/2001 Revised completion date due to change order(s) ......................... 05/2002 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this Agreement shall constitute a full and final settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~(4~ ~f4~' Date: ~ ][q..iO~ Barry Axelr(5"~, ProjeCt Manager Information Technology Department Accepted by: ~~J),inSj. Vice President Date: Change Order No. 1 Page 2 16 11 /os~h K. Scl'n'nm, Adm~mstrato' '"/ .... /r (~unity Development and Environmental Services Reviewed by: ~te~hen~Y. ~a~ell, Director of Purchasing/General Svcs. Reviewed by~~ Approved by: Assistant 7~""- A~._.Jj'~/~. Tom Henning, Chairman Board of County Commissioners Date: Date: 16/11 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: CDES Division GIS Data Layers PROJECT #: N8232-001-008 RFP #: 99-2981 MODIFICATION #: 1 CONTRACT AMOUNT: ORIGINAL $108~600 CURRENT $ 133~600 CURRENT COMPLETION DATE(S): ORIGINAL: May 2001 CURRENT: May 2002- the work had been completed. Last BCC Approval Amount $1087600 CURRENT: $1337600 Date of Last BCC Approval: October 23~ 2001 Agenda Item # (16)(A)(12) SUMMARY OF PROPOSED CHANGE(S): The original methodology of converting the existin.q AutoCAD data directly to GIS had to be revised and the new method used required more manual data entry than expected. An increase to the ori.qinal task amount of $16,600 (Task 2.3) was requested in writin.q by Wilson Miller (back up attached). JUSTIFICATION FOR CHANGE(S): The draftin.q department had advised that this change order to Work Order WMI-FT-001-008 would be on the BCC a.qenda on September 25, 2002, however, the document was not submitted and as a result, the payment to Wilson Miller was not authorized nor paid. PARTIES CONTACTED REGARDING THE CHANGE: In a letter dated April 25, 2002, Mr. William Walter of Wilson Miller submitted a request to Col. Joe Schmidt Ret. Director Collier County CDES (attached) IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Proposed change is not included in the existing scope X Change is being implemented in a manner consistent with the existing agreement X Proposed prices, fees and/or costs set forth in the change are reasonable X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: AP.,~VE: ,~~-- ~ Date: DISAPPROVE: Date: COMMENTS: I: Forms/County Forms/Purchasing Forms/Check List 5/13/03 8--03; 4:34PM;COLLIER CTY. DEV. ;941 403 23~5 ~ 6/ ~ 16/ 1 April 25, 2002 Col. Joe Schmidt Ret., Director Collier County ODES 3050 N. Horseshoe Dr. Naples, Flodda 34104 RE: Zoning GIS Data Layer Development PO # 105991 WO# 99-2981 WMI-FT-01-08 WilsonMiller PIN# N8232-001-008 Dear Col. Schmidt: WiisonMiller is cUrrently developing a County-wide Zoning Data Layer, with Map Atlas application for the CDES Graphics section. We have had to revise our original methodology of converting the existing AutoCad data directly to GIS, and the new method used required much more manual data entry than expected. In order to prepare the promised product, within an acceptable time frame, we will need an increase in the original task amount. To date the costs of services have exceed Task 2.3 amount of $16,600. The total revised cost to prepare the County-wide Zoning Data Layer will be $41,600. The data layer provided will overlay the Parcel Basemap prepared by the Collier County Property Appraiser's Office, and will be c .ompleted by the end of May, 2002. By virtue of this letter, I am requesting an increase to the PO order in the amount of $25,000 (LS) for additional services under the work order referenced above. Funding is available from the GIS 301 Fund# 301, Project Code 01-014. If you have any questions, do not hesitate to contact me at 263-6464, ext. 6109. Thank you for your consideration of this matter. Sincerely, William E. Walter GIS Manager WilsonMiller, Inc. THIS INSTRUMENT PREPARED BY & RETURN TO: NAME: OFFICE OF THE CO UNIT ATTORNEY COLLIER COUNTY, FLORIDA ADDRES& 3301 E. TAM1AMI TRAIL H. TURNER BLDG., 8r~ FLOOR NAPLES, FL 34112 PARCEL I.D. # 00775360004 SPACE ABOVE THIS LINE FOR PROCESSING DATA *** 3191451 OR: 3301 PG: 0726 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/28/2003 at 10:29AM DWIGHT E. BROCK, CLERK REC FEE 6,00 COPIES 1. O0 Rein: CLERK TO THE BOARD INTEROFFICE ~TH FLOOR EXT ?240 16 2 SPACE ABOVE THIS LINE FOR RECORDING DATA SATISFACTION OF MORTGAGE IT IS HEREBY ACKNOWLEDGED THAT IN RECOGNITION OF SATISFACTION FOR PERFORMANCE OF A MORTGAGE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELEASES THE MORTGAGE NOTE RECORDED AT OFFICAL RECORDS BOOK 1206, PAGE 687 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ON THE PROPERTY DESCRIBED AS FOLLOWS: ..~/V~/,¥ L-~,,,~,-~ ~ /_c~u~.-qC- /~r ~(, I t (NE 1/4) OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, ACCORDING TO OFFICIAL RECORDS BOOK 1470, PAGE 242 OF THE PUBLIC RECORDS OF COLLIER COUNTY~ FLORIDA. DWIG~HT.~! BROC-K,. ~,~rk Apj~tSO~ t~J~m and .a.~sufficiency: Assistant Coun~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:ToX~iNG, ~~~' This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 *** 3191596 OR: 3301 PG: 1280 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/28/2003 at ll:29AM DWIGHT E, BROCK, CLERK RHC FEB 6,00 Retn: CLERK TO THE BOARD INTBROFFICE 47H FLOOR EZT 7240 SATISFACTION OF LIEN COPIES 1.00 16 13 This is to certify that the claim of lien in the sum of One Thousand Two Hundred and Thirty Dollars and Seventy Cents ($1,230.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated January 23, 2003 recorded in D.R. Book 3208 Page 2205 through 2207, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Joseph and Ida Cannistraci, R.A. Johnson, Inc., d/b/a Rick Johnson Auto & Tire, Richard A. Johnson, Sr., as its Registered Agent, and Richard A. Johnson, as its President and individually, has been satisfied in full. Lot 1, Block 73, Golden Gate Unit 2, Part 1, according to the plat thereof, as recorded in Plat Book 9, Page 116 through 120, inclusive of the Public Records of Collier County, Florida. Folio No. 0035831840006 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Joseph and Ida Cannistraci, R.A. Johnson, Inc., d/b/a Rick Johnson Auto & Tire, Richard A. Johnson, Sr., as its Registered Agent, and Richard A. Johnson, as its President and individually, and consents to this lien being discharged of record. Dated this 2f~q4x day of ~ ,2003. ATTEST: . . DWIGHT El BNOCK,'Clerk '~i.~ .'~ , Deputy derl~' Rite's: as: to Chat rean' s Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T 6~'I~'H~NNIN G Y Ch ai rn~.a~.rl _ 0~ This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 *** 3191597 OR: 3301 PG: 1281 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~L 05/28/2003 at ll:29AM DWIGHT E. BROCK, CLERK RllC ~llll 6. O0 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR SATISFACTION OF Llll~qTM COPIES 1.00 16A3 This is to certify that the claim of lien in the sum of One Thousand Three Hundred and Six Dollars and Seventy Five Cents ($1,306.75), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated January 23, 2003 recorded in O.R. Book 3208 Page 2202 through 2204, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Brown, Noltmeyer Co., Naples Holdings LLC, a Florida Limited Liability Company and Katrina Furth-Nead as its registered agent has been satisfied in full. All of Leawood Lakes, a subdivision according to the plat thereof, as recorded in Plat Book 24, Pages 62 through 64, inclusive, of the Public Records of Collier County, Florida. Less and except Lots 2, 3, 5, 51, 64, 66, 67, 129, 201,203, and 206 of said LEAWOOD LAKES. Less and except Leawood Lane, Leawood Circle, and that portion of Tract "J" labeled "15" C.U.E. of said LEAWOOD LAKES, Plat. Folio No. 000400720003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Brown, Noltmeyer Co., Naples Holdings LLC, a Florida Limited Liability Company, and Katrina Furth-Nead, as its registered agent, and consents to this lien being discharged of record. Dated this ~.r]4~ day of [Y~ ,2003. ATT~:[;' i' '~:',, .~?~IGHT E'. BRi~,CK, Clerk ~ ,_ ,~_j~el~uty,_CJe_rk Approve as Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORID) TOM HENNING, Chairman ~-2q-0~ This instrument prepared by: Janet Powers. Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 *** 3191598 OR: 3301 PG: 1282 *** RBCORDIID in O~IClAL RECORDS of COLLIER COUNTY, FL 05/28/2003 at II:29AM DWIGH? E. BROCK, CLERK RBC ~BE 6,00 COPIES 1,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EX? 7240 SATISFACTION OF LIEN 16A This is to certify that the claim of lien in the sum of Seven Thousand Two Hundred and Seventy Five Dollars ($7,275.00), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated December 21, 2001 recorded in O.R. Book 2949 Page 0080 through 0086, and re-recorded at O.R. Book 2949 Page 0219 through 0225 of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Sidney John Hubschman has been satisfied in full. West half of the East 323.15 of the West 646.79 feet of the South half of the South half of the Southeast quarter of Section 23, Township 49 South, Range 25 East, less the North 30 feet, for road right of way purposes, also known as the West half of Lot 18, Colonial Acres. Folio No. 30550000054 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Sidney John Hubschman and consents to this lien being discharged of record. Dated this ~-rl44~ day of I'~0~ ,2003. ATTEST: DWIG .HT E: I~I~O~TK, Clerk ~2egal s~ficienc~ ~Eilen ~. Chadwell .... Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA T~-'~I~N NIN~ This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 *** 3191599 OR: 3301 PG: 1283 *** RECORDED in OP~ICIAL RECORDS Of COLLIER COUNTY, FL 05/28/2003 at 11:29AM DWIGHT E. BROCK, CLERK R~C ~E~ 6,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROP~ICE 4TH PLOOR EXT 7240 SATISFACTION OF LIEN 16A2 This is to certify that the claim of lien in the sum of Three Thousand One Hundred and Sixty Six Dollars ($3,166.00), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated October 30, 2002 recorded in O.R. Book 3162 Page 0094 through 0096 and re-recorded at O.R. Book 3162 Page 0118 through 0120, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Ronald R. Gleichman, has been satisfied in full. The Westerly 12 ~/2 feet of Lot 14 and the Easterly 25 feet of Lot 15, Block 37, Naples Park Subdivision, Unit 6, according to the plat thereof, of record in Plat Book 3, Page 15, of the Public Records of Collier County, Florida. Folio No.' i52833240004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Ronald R. Gleichman, and consents to this lien being discharged of record. Dated this ~-rlq-~ day of (Y]0~ ,2003. ATTEST: DWI, GI-I~ ~!~ROCK, Clerk -~' · , Deputy Clerk : ttest' as te,-Cha t rea.' s Ellen T. Chadwell Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS o3S A TOM HENN1N'G, Chairman l~ This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Nap]es, Florida 34112 (239) 403-2440 *** 3191600 OR: 3301 PG: 1284 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 16 A 3 05/28/2003 at ll:29AM DWIGHT E. BROCK, CLERK RBC FEE COPIHS Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 SATISFACTION OF LIEN 6.00 1.00 This is to certify that the claim of lien in the sum of One Thousand Two Hundred and Fifty Four Dollars and Seventy Cents ($1,254.70), arising out of the Code Enforcement Board Order Imposing Fine/Costs/Lien dated March 28, 2003 recorded in O.R. Book 3259 Page 0286 through 0288, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by the Estate of William J. Zuccaro and Eileen Sitak, as its Personal Representative, has been satisfied in full. Lot i, LELY COUNTRY CLUB, Palmetto Dunes Section, according to the plat in Plat Book 12, Page 99, of the Public Records of Collier County, Florida. Folio No. 55250040001 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by the Estate of William J. Zuccaro and Eileen Sitak, as its Personal Representative, and consents to this lien being discharged of record. Dated this ~r]4/,x day of ['~qO~ ,2003. NIGHT E: BROC~, Clerk '-~k{..~ ~---~72, By: <~t' , Deputy Clerk ~es~.~$ to Chafrman'~ Applr~ve~l~(~ A~~egal sufficie~: ~e~ T~ Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T"~ t~ENNIN~, Chairma~ I~ This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 *** 3191601 OR: 3301 PG: 1285 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/28/2003 at lI:29AM DWIGHT E, BROCK, CLERK R~C ~ 6.00 COPIES 1.00 SATISFACTION OF LIEN Retn: CLERK TO THE BOARD INTBROFHCE {TH ~LOOR EX? 7240 16A This is to certify that the claim of lien in the sum of Two Hundred and Fifty Five Dollars ($255.00), arising out of the Board of County Commissioners Resolution No. 2003-02 dated January 14, 2003, recorded in O.R. Book 3212, Pages 2411, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by All Brothers Painting, Inc., a Florida Corporation has been satisfied in full. Lot 1, of the unrecorded plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South. Range 29 East, Tallahassee Meridian, Collier County, Florida. From the Northwest comer of said Section 24 South, 87° 32' 20" East, along the North line of said Section 24, for 467.98 feet; thence South 2° 27' 40" West 210 feet; thence South 87° 32' 20" East, 1.608.08 feet; thence North 2° 27' 40" East 60.04 feet to the Point of the Beginning; Thence North 87° 32' 20" West 73.80 feet; thence North 2° 27' 40" East 100 feet; thence South 87° 32' 20" East 45.93 feet to the Point of Curvature; thence along the arc of a curve concave to the Southwest 38.32 feet having a radius of 25 feet angle of 90 degrees; thence South 0° 17' 0" West 76 feet to the Point of Beginning. Folio No. 1210080000 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by All Brothers Painting, Inc., a Florida Corporation, and consents to this lien being discharged of record. D~a~t~. ~his 'Zt'~ day of ., ," ~; i ~ ATTEST: OWIGHT E. B. RO_CK, Clerk ~t,e$~. tlS, ,8tpa'~e only. ' approved as to fo~ And legal sufficiency: Thom%~ C. P~lm[r Assistant County Attorney 2003. BOARD O~ COUN~Tff COMMISSIONERS oLur TOM ~NN~G, Chai~an 16 6 MEMORANDUM Date: To: From: Re; May 28, 2003 Janeen Person-Coale HUD Grants Coordinator, Collier County Financial Administration & Housing Trish Morgan, Deputy Clerk Minutes & Records Department Lead Agency Agreement between BCC and Collier County Hunger and Homeless Coalition Enclosed please find two (2) original documents and one (1) Certified copy as referenced above (Agenda Item #16A6) as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures ORIGINAL 16 6 'Lead Agency' Agreement Between COLLIER COUNTY BOARD OF COMMISSIONERS & COLLIER COUNTY HUNGER AND HOMELESS COALITION Effective Date: May 27~ 2003 Providing for SUPPORTIVE HOUSING PROGRAMS, SHELTER PLUS CARE, SINGLE ROOM OCCUPANCY, OPEKATIONS, AND ADMINISTKATION PKOJECTS Of the HUD CONTINUUM OF CARE HOMELESS ASSISTANCE PROGRAM 16 6 This Agreement is entered into this ~.rl4~ day of [Tm4 ,2003, by and between: COLLIER COUNTY, a political subdivision of the stateflllo orida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of COUNTY Commissioners, Collier COUNTY Hunger & Homeless COALITION, a 501 (c) (3) nonprofit organization, its successors and assigns, hereinatter referred to as "COALITION", and Grantees, their successors and assigns, hereinatter referred to as "PROJECT SPONSOR (S)." WHEREAS, Collier COUNTY has entered into an agreement with the COALITION to act as the Lead Agency for the Continuum of Care (CoC) for the execution of an Exhibit I grant, oversight of the development of Exhibit II grants and if awarded, the fiscal management and monitoring of all projects awarded funding under the CoC from the U.S. Department of Housing and Urban Development (HUD) and the state of Florida Homeless Challenge and Housing Assistance Grants; and WHEREAS, pursuant to the aforesaid agreement, Collier COUNTY is undertaking certain activities to primarily benefit homeless men, women and children and to alternatively use CoC funds for such uses as specified by HUD in the awarding of CoC funds; and WHEREAS, pursuant to Florida Statutes Section 420.624 (4), and HUD CoC Notice of Funding Availability (NOFA), each community such as the COUNTY must designate a lead agency that will serve as the point of contact and accountability of CoC grants; and WHEREAS, Collier COUNTY and the COALITION entered into an agreement which designates Collier COUNTY as the CoC Lead Agency on behalf of the COALITION; and WHEREAS, Collier COUNTY and the COALITION intend to implement such undertaking of the CoC Grant Program as a worthwhile public purpose for a period of three (3) years beginning with the 2003 HUD CoC NOFA submission through the 2005 HUD CoC NOFA submission with a review of the process performance to be undertaken by the COUNTY and COALITION to mutually determine the future of this Agreement. ' NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows: I. Scope of Services: The COUNTY agrees to the following: i. Financial Administration and Housing (FAH) Department staff will be responsible for the preparation and submission, including all costs therein, of the annual CoC Exhibit I application to HUD with the active assistance of the COALITION Coordinator. In the absence of a Coordinator, the CoC Committee Chair or her/his designee will be responsible for providing active assistance to FAH Department staff in the preparation of the CoC Exhibit I. ii. Collier COUNTY will submit the CoC Grant Application Package to HUD as a Consolidated Application in accordance with 24 Code of Federal Regulations (CFR) Part V and section 426 of the McKinney Act (42 U.S.C. 11386). Ill. Per the U.S. 24 CFR at 583.135 (a)(b), the FAH Department will split by fifty percent (50%) the administrative fee of five percent for administrative costs associated with the CoC application with each grantee. These costs include the costs associated with accounting for the use. of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs related to administering the grant atter the award, and staff salaries associated with these administrative costs. iv. Collier County FAIt Department, as the Lead Agency, will assume all responsibilities set forth by HUD for the follow-up, regulation, and monitoring of CoC grant recipients commencing with the 2003 CoC application submission. All activities undertaken for such Project(s) shall be in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. l1381- 11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR Part 583. It will be the responsibility of the COALITION to follow-up and monitor all applieable CoC grant recipients prior to the 2003 application award in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. 11381-11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR Part 583. - vi. FAH Department COUNTY staff will be responsible for the preparation and submission, including all costs therein, of the State of Florida Homeless Challenge and Housing Assistance Grants (HAG) issued by the Florida Office on Homelessness and administered through the Department of Children and Families, as long as these require submission by the CoC Lead Agency, with the active assistance of the COALITION Coordinator. In the absence of a Coordinator, the CoC Committee Chair or her/his designee will be 2 16 6 vii. VIII. responsible for providing active assistance to FAIt Department staff in the preparation of the State Challenge and Housing Assistance Grants. Per State Office on Homelessness guidelines, the FAH Department will split by fifty percent (50%) any allowable administrative fees associated with the receipt of State Challenge or HAG grants with each grantee. FAH staff will continue to attend and participate in COALITION meetings to help facilitate communication of CoC goals and objectives to COALITION membership, explain the CoC project application eligibility requirements and provide technical assistance to COALITION applicants where appropriate. FAH staffwill also assist the COALITION Coordinator and CoC Committee Chair in the facilitation of CoC meetings; setting of CoC meeting agendas; documentation of CoC accomplishments and communication of CoC information to COALITION members. B. The COALITION agrees to the following: i. The COALITION will select a member to act as the CoC Committee Chair to work collaboratively with the COALITION Coordinator and FAH staffto facilitate CoC meetings; set and document CoC goals and objectives for inclusion in the Exhibit I application; make presentations at monthly Hunger & Homeless COALITION meetings about the CoC process and generally be available to answer questions and provide assistance to COALITION members participating in the CoC process. The term of this position is at the discretion of the COALITION, but it is recommended the minimum tenure be for one CoC fiscal year. ii. The COALITION Coordinator, COALITION Chair, and CoC Committee Chair will work proactively with FAH staff to communicate the importance of the CoC process to COALITION members as well as to solicit member participation in the CoC committee process and the submission of eligible projects for annual submission to HUD. 111. This proposal ONLY applies to the preparation and submission of the Exhibit I portion of the CoC application. The preparation, and all costs therein, as well as any submission costs of individual Exhibit II applications, will be the sole responsibility 'of the applicant organization. It will further be the sole responsibility of all Exhibit II applicant organizations to ensure the completeness and timeliness of 3 16a6 their individual applications to the CoC review committee by established process deadlines. iv. Per HUD guidelines, the CoC grant application review committee, which is appointed by the CoC Committee, will review and rank all eligible Exhibit II applications prior to submission to the BCC and HUD. Once this process is completed, it is this final recommendation that will go to the Board of COUNTY Commissioners (BCC) for approval before final submission of the complete application package to HLrD. The submission to the BCC requires an application process timeline that allows for BCC approval in sufficient time to meet the HUD deadline. Therefore, the local deadline for CoC Exhibit II application submissions to the CoC Review Committee will be determined based upon the HUD deadline and BCC meeting schedule. All Exhibit II applications not submitted to the local CoC Review Committee by the deadline established by the Lead Agency will not be accepted. COALITION through the CoC Committee shall be responsible to inform affected persons of the benefits, policies and procedures provided for under HUD rules and regulations making all CoC applicants aware that all CoC funded activities must be carried out in accordance with HUD rules and regulations, including but not limited to compliance with Title IV of the Stewart B. McKinney Homeless Assistance Act (The McKinney Act, 42 U.S.C. 11381-11389) and the general HUD requirements of 24 CFR Part V and specific requirements of 24 CFR 583. vi. State Challenge and Housing Assistance Applications once completed will be presented to the COALITION Steering Committee for review and approval. Onoe these are approved, these applications will go to the BCC for approval prior to final submission to the State Office on Homelessness. The submission to the BCC requires an application process timeline that allows for BCC approval in sufficient time to meet the State deadline. Therefore, the local deadline for State Challenge and HAG application submissions to the COALITION Steering Committee will be determined based upon the State deadline and BCC meeting schedule. Any Challenge and HAG application information not submitted to the Lead Agency by its' established deadline will not be accepted or incorporated into these grant applications. vii. In the circumstance that there are no eligible' Exhibit II applications presented to the CoC Committee by the first established deadline, it will be the responsibility of the CoC Committee with the assistance of 4 16 6 VII1. the FAH Department to actively pursue eligible applicants and offer technical assistance to them in developing an eligible application. If no qualified applicants come forward, the CoC Committee will need to notify the COALITION that no CoC application will be submitted to HUD and the membership must be apprised of the potential consequences, if any. The COALITION through the CoC Committee will still be required to complete some annual Exhibit I components, specifically the Homeless Census, gaps analysis, and HMIS implementation, coordination, and management. There are currently committees of the COALITION that are responsible for the annual Homeless Count activity as well as the development of the HMIS system as part of the overall CoC process. This proposal includes no changes to the current responsibility for these components or any activities necessary to fulfill the requirements of these components as they relate to the CoC application process. ix. CoC Project Sponsors (grantees) shall agree to participate in the COALITION HMIS once implemented and designated as the client information collection and data exchange system, per HUD guidelines. Once the Collier HMIS Network is fully functional, PROJECT SPONSOR (S) shall share certain client information, upon written authorization of client, with other homeless continuum of care and human services providers in the Collier HMIS Network as is determined by the COALITION HMIS Committee. COALITION and Project Sponsor (s) shall provide any and all client information and reports required by COUNTY in order to measure outcomes and obtain administrative data for inclusion in the Annual Action Plan and five-year Consolidated Plan as well as any other reporting that may be required by HUD. x. COALITION shall annually provide to COUNTY a listing of its current Board of Directors (Steering Committee) with terms and current contact information, which shall be updated as the membership changes. xi. CoC Project Sponsor(s) agrees to provide COUNTY with all appropriate supporting documentation to substantiate the funds used. All funds shall be expended in accordance with the terms of this Agreement and all rules and regulations of HUD pertaining to CoC funding, as well as any other applicable County or State laws or regulations. 16A H. INDEMNIFICATION: COALITION shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by act, omission or negligence of PROJECT SPONSOR (S), its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by COUNTY FAH Department staff and the County Attorney, any sums due PROJECT SPONSOR under this Agreement may be retained by COUNTY until all of COUNTY'S claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. l~I. TERM OF AGREEMENT: The term of this Agreement shall begin on the date it is fully executed by COUNTY and COALITION ending in three (3) years with the submission of the 2005 CoC application. At that time, a mutually agreed upon review of the collaboration to date would be completed with a goal to determine if, this Agreement will be continued. IV. TERMINATION: This Agreement is subject to the availability of funds. Should funds no longer be available from HUD, this Agreement shall terminate upon no less than thirty (30) days notice in writing to PROJECT SPONSOR. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY shall be the final authority as to the availability of funds. V. CONFLICT OF INTEREST: PROJECT SPONSOR (S) covenants that no person who presently exercises any functions or responsibilities in connection with the Project (s) has any personal financial interest, for one (1) year thereafter. Any possible conflicting interest on the part of PROJECT SPONSOR (S), its~employees, or agents, shall be disclosed in writing to the COUNTY. VI. SEVERABILITY OF PROVISIONS: In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will continue to be effective unless COUNTY or PROJECT SPONSOR (S) elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. VII. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein, 16~6 WITNESS our Hands and Seals on this ~.qggday offs__. 2003. COLLIER COUNTY HUNGER & HOMELESS COALITION (CORPORATE SEAL) BY: BY: ~~~Chalr es~, Vice Chair ATTES~ Approveffas,to,fo~ ~nd ~ sumc~e~cy: Patrick G. ~ite Assistant County A~omey BOARD OF COUNTY COMMISSIONERS TOM HENNING, CHAIR.M~dXl 5-2q-ob G:\Other Grants~00203CoCkLeadAgency\County CCHHC Agreement 3-25-03.doc 16A9 MEMORANDUM Date: To: From: Re: May 28, 2003 Ron Hovell, PE Coastal Projects Mgr. Trish Morgan, Deputy Clerk Minutes & Records Department Tourism Agreement Amendment for Parker Sand Web System Enclosed please find one (1) copy of the Agreement as referenced above, (Agenda Item #16A9), as approved by the Board of County Commissioners on May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures (1) ITEM NO.: FILE NO.: /gl. DATE RECEIVED: ROUTED TO: DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES Date: 5/14/2003 To: Office of the County Attorney, Attn: Heidi Ashton From: Ron Hovell~ Department: Public Utilities Engineering Telephone #: 530-5342 Title: Coastal Projects Manager Division: Public Utilities Re: Tourism Agreement Amendment for Parker Sand Web System BACKGROUND OF REQUEST/PROBLEM: Attached is a Tourism Agreement Amendment with the City of Naples. The City of Naples originally received a TDC grant (project #10259 - now #90259) for $1,131,740 related to the experimenting with the Parker Sand Web System. The County has reimbursed the City for some of the work and there is a remaining balance of $657,583.57. The Tourism Agreement dated November 23, 1999, has a term of"the earliest of 31 December 2001 or sixty (60) days after completion of the project." The City has signed the new Tourism Agreement prepared by your office for $197,965.25 - the balance of the original grant will be returned to the fund reserves. This item has/Bas net been previously submitted. ACTION REQUESTED: The attached Tourism Agreement is submitted for review of "form and legal sufficiency" requirements. OTHER COMMENTS: Jim DeLony, Public Utilities Administrator Roy Anderson, Public Utilities Engineering Director Jack Wert, Tourism Director 16 9 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING COMPLETION OF RESTORATION OF TWO THOUSAND SIX HUNDRED FEET OF THE NAPLES BEACH USING THE PARKER SAND WEB SYSTEM THIS AGREEMENT, is made and entered into this ~ day of [Tl~tja ,2003 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". RECITALS: WHEREAS, CITY and COUNTY entered into a tourism agreement dated November 23, 1999 (the "Original Agreement") for the restoration of 2600 feet of Naples beach using the Parker Sand Web System (the "Project") for a grant of $1,131,740.00; and WHEREAS, the Original Agreement expired on December 31, 2001; and WHEREAS, CITY desires to complete the Project for the sum of $197,965.25 and the unused sum of $459,618.32 will return to reserves; and WHEREAS, COUNTY desires to fund the completion of the Project in the amount of $197,965.25. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the beach renourishment project to be accomplished, along with a project budget, as part of the original grant application process, attached as Exhibit "B". The Project was not successful, however, federal and state permits require extensive follow-up monitoring, beyond the budgeted estimate contained in Exhibit "B". The amended monitoring budget, attached as Exhibit "A", hereinafter 16A9 referred to as "Proposal", reflects the added costs. GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be One Hundred Ninety-Seven Thousand Nine Hundred Sixty-Five Dollars and 25/100 ($197,965.25). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail/hr audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 16 9 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. subcontractors to provide services as described in Section 1. GRANTEE may select vendors or COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and 16 9 require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work pertbrmed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to pertbrm work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 16A9 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial infom~ation pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than June 30, 2004. 16A9 14. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ~- ~.q.-O~ ATTEST:,~ '~ 7~ ':'i DWIGHT E. BR0~,K, Clerk :! ~]~ .' ;Deputy ~er~ 1~t,a~; ~ ~ ~man, Approved as to tbrm ~d legal sufficiency: Hm& F Ashton Assist~t Co~ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman I~ 16 9 ATTEST: GRANTEE CITY OF NAPLES TARA NORMAg, City Clerk By: I~ON~E R. Mac'KEI~ZIE~, M~ ROBERT D. PRITT, City Attorney (Corporate Seal) WITNESSES: ) 'e PrintedflF~ed Name Printed/Typed Name h:HFA\TDCAgreements\beachparkersandweb 16A9 Exhib i t "A" 16A9 Tourism Agreement for Completion of the Monitoring of the Restoration of Two Thousand Six Hundred Feet of the Naples Beach Using the Parker Sand Web System Original TDC grant amount: Estimated payment for sand Actual payment for sand $1,131,740.00 765,000.00 (205,674.50) Estimated cost of permit engineering Actual cost of permit engineering DEP permit application fees Estimated cost of project monitoring Actual cost of monitoring to date Estimated cost to complete monitoring 36, 600. O0 (33,056.90) (11,500.002) 296,800.00~ (332,750.88) 89,139.40 Total of above expenditures not yet Reimbursed by Collier County (108,825.85) Total funds remaining since expiration of T/A $657,583.57 Proposed use of remaining funds: Reimbursement for completed efforts Estimated cost to complete monitoring $108,825.85 89,139.40 Total; $197,965.25 Remaining balance from TDC grant: $459, 618.32 Notes The original monitoring cost estimate was based on the permit conditions imposed on a similar project in the Florida Panhandle. The permit conditions imposed on our project were considerably more severe. As Mr. Crawford has indicated, the added cost would have been $170,000.00 had costs not been contained. The fees were not estimated in the original grant application because the project was experimental and the fees were unknown. JCS/Wordata/Parker Sand Web project, '99/Exhibit A budget 29 IV 03.doc Collier County Tourist GRANT APPLICATION Beach R:nourlshment and Pass Maintenance (B=zch Improv:m=nt, maint:nanc: r=nourishm=nt, r:storation and crc:sion control, including pass and inI~'t 'rnaint=nanc=) Ccmpt:t:d zpplicafinns shall b: submk:-''~- to th: following addr:ss: Administrator Colli:r County Tourist D:v:lopm:nt Council Count)' l',Iznag:r's Off]cc 3301 East Tzmizmi trail Napl:s, FL 34112 Ns.-:'.: and Ad-ir:ss cf -'-,nlicznt Orcanization: City of Na=!es 735 8th Street South Xaples, rTM- 3'!02 C:n:zr.t P:rs:v., Ti::: zr.:i Phon: Number: gr jori C. Xatura! Resources Mar~a~er 941-&34-&655 16A9 Or:-_r.!:atien's Ck!:f Of.qcizl ~.nd Title: BillBarnett, Marcor Bri:f Proj:¢t D:s:rip:icn: To restore 2,~00 feel: of Naples Beach using the Park-=r Sand ,Veb Svsrem. 16A9 ~Q project s,_,t date: Auzust 15. 1 Estim=_ted project duration: _ 75 days 'fo:~I amount requested' _~l: ~ '~ v~.n' -- Ift'.-.-* full amount r~ouested cannot b~ a~zrd~d, can the progr~m/ project b~ restructured to zzcemmoca~.z startler awar~.' I,. .... ,:y the gaa!s zncl ohio:tires for the prcji:t: restore a section of Naoles 5each usin~ the Parker Sand Web and to monitor the oroSect thcrou~.%!v to eenerate data A section of beach will be .esso .... il. how ::.e -' ..... .z.ss of tm,.' pro will t- Fre:ue.ut monicorinz for the ler, g:h of t':-=- project and +/- 1,500 :'. uo and do~"n the shoreline. Des:n:: how tea z. raje-t -nhzn:~s ox~¢,,nz County Tourist Deva!opment programs: ..... restore:ion and mana=ez~n:. Preseut an a!t~-uative ~thod for b 13. ..~ - · · -=~-, will ba mar, irate:"' The City's Finance De~rtment will monitor as =er stander8 muni:ipa! accounting practices. ~ Pa_ce 3 16 9 14. Please complete the fo[lowing questions and provide additional information, if necessary: Does the proT..esed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) Does the prc2osed ex:enditure fairly distribute monies to different gtzgrzphic areas of tn. Coun:y? Yes (x) No ( ) Does the pr,~:osed, exp-~ndi:urs promote environmental awareness and _nd~.~ ..... ~ng and do~s tk~ propes~ projszt address snv~ronmsr,:zl czzs~/:razlcns? Yes(x)' No( ) Is the proposed project part of the ongoing Collier Ccun:y beach resters:ion projsct and/or pass maintenance/dredging/ · -,_= .... rejectso Y=s (x) No ( ) Is tl'.Ppro7 -~'JPreisct ,-ou:,reclbya egutatorv"-zencyas a condition for approval/fundi;.g the Collier County bee.eh restoration projects? Yes ( ) No (x) Will the proposed project contribute significantly to the progress of the beach restoration projects? 16 9 Witl the proj:c~ decr:zse the loczt cost share of an overall b~ach restoration project, either by d~r~sing the total project ce~t or by incr:zsing the looM/non-looM Y~.s (x) No ( ) ¥:s (x) No ( ) Is th:re a pot:ntizl for an zlt:rnztiv::'m=-tching funding source? Yes ( ) No (x) is th proj::t,on=is .... t with th: Cc :i -County Growth .x,I,_r,-- =_~.mzr,~ ?'zn ~.n.5,;or ~:z"~i'':' E','-'4 of County Commission ,....-:ion.'? IZ ~i!l be reviewed at ~he June !0, i~99 maezln~. I have read the Beach Renourishment and Pass Guidelines and criteria and a~ree th?.ymy Or~anif.?-~on will/camoly with all guid~lines and criteria. Si~nat~r: of/Orzzniza~ion's ~I Official o~ Des{!nee~ 'Director of' Office cf Capit~.l Projects Management authorized to sign Ca,-.~_gery "A" applicaiions on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioneri on Au~usl 24, 1993, AEenda Item 16 (H) (2). 16 9 H E ~.'.'lk. I !4';8 16A9 Collier County. Tourist Deveiopmem Council Gr:m Appiic~;ion PR. OFffCT B UDG~T · Permit application · DF? ~r=;!:"-:i~n .re:... Total 2. Project · Project mobilization and demobilization; to be paid wi~in 30 days of contract -~x:aution... , · Monthly maim".nanc: with Fa}' quantid,'s r.-por~ed a: th: :nd of :ach mond~; Estimated product:on of 12,000 cu.yd, per month, at Se.50 .:'et cubic yard. for Five (5) rr,,~n;hs, iesi mobi!iz:tion cost... Subto~l · Ex c'ess Perfo,,-nanc: " ...~.O, _:.IOn . Addi:io.".:! .:'"Frae.',: fc.r '::-:?. "~ .... ' volume in .-xa."_~s of ~0.000 cu.vd. a: 53.50 ?~-:' ::.:.} d.: ,'st:.--,:::i z: ~0,000 cuyd .... ?:o!::: Total P:.m-.!~ Com:'!!an:-' Me.-.:.:-~r:--':~ ?:..-ni~ :ompii~nc: ,-.,cn::c::..-.~, :~s:d on 1997 De_=_ IsD-'~ .::..-re, i::... ' Cc.-.::.r.-er. zv for :.:.'ms $ 31,000 .5.~03 S 36,600 S 102,000 408,000 5510,000 S255,000 S765,000 5296,800 S 33.3~0 S1.131,740 Not-- l: Ir. eludes pr:-L-.s;aliz:i:.-, m=o_,a-, aphic profile monkoff, r.-: cf. r3:: L-.stallation siT-' mhd two :on:roi ..... ,, - -:. :~ --:-,, ' ;-o fou-:'.m-, -z::. :'-~'; w:.-kly function inspe:tier, s and :---: ....... ~-= '-"c--- -': ......... .-nantor,._( ..... .) ..... -_:~ _. ~,: ....... {, ,-- .-=,-- v,-,,-.-...: :=i:ulafions duri~=_ net in.s;alla:ion: -:''"~ ......... 0"'-;" '""~"--' . .,Or., .... orl,,,-*L~- ............... ........ ~. r.,...: .... ri ...... = , ;..p:t-::..-.s:-_~::cn -_'-~:~!: -'-::~ mo.-.irL.-!r.:. :r, cm.'.hl'. ---.' -~ ; ......far :'ix mcn:'".~ .... - ' · ' ' - - ......-' n For d::aiie~ ore~.,:r.e~ .-,. -'~:zs-~ see appended ei:Lmate :3.-._:..-rdgllon; a.-.'~ iinz; r:ro.-. .... =._.1o . . · ........... . ,=,Ir. o by th: Collier Coun,-:' Public Work5 "r'~5{m"'r{n_° D°-Pa-rrr'-':nt' ~'::'~- '~" ' is probably a worst-c=-s'- estimate, but it is based on rE'- ..-.os; ret-hi comparabt= proj, e::. Tr.= ?e..-mit :ex{ w~ provicled by Bob 5 .-:.'~ :it.'. ?~EP, MEMORANDUM 16All Date: To~ From: Re: May 27, 2003 Sue Filson BCC Executive Manager Trish Morgan, Deputy Clerk Minutes & Records Department Interlocal Agreement for Public School Facility Planning Enclosed please find two (2) originals of the Interlocal Agreement for Public School Facility Planning, (Agenda Item # 16A 11) as referenced above, approved by the Board of County Commissioners on Tuesday, May 27, 2003. Please forward copies to the appropriate parties If you should have any questions, please contact me at 774-8406. Thank you. Trish Morgan Enclosure plm INTERI,OCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This Agreement is entered into by and between the Collier County Board of County Commissioners (hereinafter referred to as "County") and the District School Board of Collier County, Florida (hereinafter referred to as "School Board"), together the Parties. WHEREAS, the Parties recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children of Collier County; and WHEREAS, the Parties recognize the benefits to the citizens and students of their community by more closely coordinating their comprehensive land use and school facilities planning programs to ensure: (1) better coordination of new schools in time and place with land development; (2) greater efficiency for the School Board and the County by the placement of schools to take advantage of existing and planned roads, water, sewer, parks, and drainage systems; (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County; (4) the location and design of schools so that they serve as community focal points; (5) the location and design of schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities; and (6) the location of new schools and expansion and rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing neighborhoods; and WHEREAS, Section1013.33 (10), Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) I and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the School Board, and describe the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities within that county, and the district school board to establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above consistent with their adopted intergovernmental coordination element; and t6 At! WHEREAS, the Parties enter into this Agreement in fulfillment of the above referenced statutory requirements and in recognition of the benefits accruing to their citizens and students described above; and WHEREAS, the parties hereto are authorized to enter into this Interlocal Agreement pursuant to Section 163.01, Section 163.3177(6)(h)2., and Section 1013.33(2)(a), Florida Statutes; and WHEREAS, upon the Department of Community Affairs (DCA) acceptance of this Agreement, and upon the commitment of the Parties hereto to abide by and seek fulfillment of the terms and conditions of the Agreement, that DCA shall recognize the Agreement as fully satisfying Florida Statutes Sections 1013.33 and 163.3177 requirements for cooperative planning for all Parties involved, both individually and collectively. NOW THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the Parties hereby agree as follows: Section 1. Recitals The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. The following procedures will be used to coordinate public facilities planning and land use planning: Section 2. Joint Workshop Meetings 2.1 A staff working group from the County and School Board will meet on an as needed basis, but no less frequently than twice per year, to formulate recommendations and discuss issues regarding coordination of land use and school facility planning, including such issues as population and student enrollment projections, development trends, school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the schools and ensure safe student access. Representatives from the Southwest Florida Regional Planning Council will also be invited to attend. The School Board staff, in coordination with the County Manager will be responsible for making meeting arrangements and providing the necessary notification for the first meeting in 2003. Thereafter, the process for meeting notification will be established by a majority of the members of the working group then present. 2.2 One or more of the elected members of the County Commission and the School Board will meet every other year in joint workshop session. Additional workshops may be held upon request by either the County Commission or the School Board. The joint workshop sessions will be opportunities for the County Commission and the School Board to build consensus, and set direction regarding coordination of land use and school facilities planning, including, but not limited to the following: population and student estimates and projections, development trends, school needs, off-site improvements, and joint use opportunities. The County Manager and School Board Superintendent will be jointly responsible for making meeting arrangements and providing notification for the joint workshop. Section 3. Student Enrollment and Population Projections 3.1 In fulfillment of their respective planning duties, the County and the School Board agree to coordinate their respective plans based upon agreed upon projections of the amount, type and distribution of population growth and student enrollment. 3.2 3.3 The School Board shall utilize the Department of Education (DOE) five-year county-wide student enrollment projections. The School Board may request that the DOE projections be adjusted to reflect actual enrollment and development trends not anticipated by the DOE projections. In formulating such a request the School Board will coordinate with the County regarding future population projections and growth. Five- year population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the County are reflected in the updated projections. The County staff, in coordination with the School Board will use information on County growth and development trends for unincorporated areas, such as census information on population and housing characteristics, persons-per- household figures, historic and projected growth rates, and the information described in Subsection 4.2 of this Agreement, to project residential units by type for five years (single family, multi-family and mobile home) and allocate these units into sub-county planning sectors, such as student attendance zones consistent with county-wide projections. The planning sectors will be established by mutual consent of the School Board and the County. The allocation of residential units by type and planning sector will be provided to the School Board by September 1st of each year. 3.4 The School Board will evaluate the planning sector projections prepared by the County. The School Board working with the County will develop and apply student generation multipliers for residential units by type for schools of each type, including, but not limited to, traditional public elementary, middle and high schools, as well as, charter, alternative and vocational schools, considering past trends in student enrollment within specific planning sectors in order to project school enrollment. The school enrollment projections will be included in the Educational Facilities Report provided to the County each year as specified in Subsection 4.1 of this Agreement. 3.5 Population Projections: Coordination regarding the update of the County population projections, their allocation into planning sectors, and conversion into projected student enrollment will occur on an annual basis at the staff working group meeting described in Subsection 2.1 of this Agreement. The revised projections and the variables utilized in making the projections will be reviewed and established by agreement of the staff working group. Section 4. Coordinating and Sharing of Information 4.1 Educational Facilities Report: By November 1st of each year, the School Board shall submit to the County an Educational Facilities Report. The report will contain information in tabular, graphic, and textual formats detailing existing and projected school enrollment, existing educational facilities, their locations, the number of portable units (hereinafter "portables") in use at each school, and projected facility needs. The Report will also contain the School Board's capital improvement plan, including planned facilities with funding over the next 5 years, and a description of any unmet needs. The Report will provide data for each individual school concerning school capacity based on DOE criteria and enrollment of each individual school based on actual student counts. The Report will show the generalized locations in which new schools will be needed, along with planned renovations, expansions and closures of existing schools. The Report will indicate properties the School Board has already acquired through developer donation, or properties for which there is a developer obligation to provide property to the School Board, at the School Board's discretion, or properties acquired through other means that are potential school sites. 4 4.2 Growth and Development Trends: On September 1st of each year, the County will provide the School Board with a report on annual growth and development trends. The report will contain information in tabular, graphic and textual formats and will include information regarding development approvals for the preceding year as follows: (a) the type, number, and location of residential dwelling units, which have received zoning approval, final subdivision plat approval, or site plan approval; (b) a summary of all comprehensive plan amendments to include a description of any land use changes and the location of the affected area; (c) the number of building permits issued for new residential dwelling units and the location of such residential dwelling units; (d) information regarding the conversion or redevelopment of housing or other structures into residential dwelling units which are likely to generate new students; and (e) identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. The estimated number of students generated from the development approvals from new residential dwelling units will be used in the data and analysis to support the annual update of the School Board's Five-year Capital Facilities Plan. Section 5. School Site Selection 5.1 The School Board will establish an informal site evaluation committee for the purpose of reviewing potential sites for new schools and proposals for renovation, expansion and closure of existing schools, and making suggested recommendations to the District Site Selection Committee, the Superintendent and the School Board. The site evaluation committee will be a standing committee and will meet on an as needed basis. In addition to appropriate members of the school district staff, the informal site evaluation committee will include at least one County staff member appointed by the County Manager. The committee 5.2 16All membership will be expanded as needed to include additional County staff. When the need for a new School site is identified in the district facilities work program, the site evaluation committee will develop a list of potential sites in the area of need identified in the educational plant survey. The list of potential sites and list of schools proposed for renovation, expansion or closure will be submitted to the County for an informal assessment regarding consistency with the County comprehensive plan including: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, and land use compatibility. In addition, consistency with community vision and other issues such as student assignment that have a bearing on site suitability will be commented upon. The issues identified in Subsection 5.2 of this Agreement will also be considered by both the County and site evaluation committee as each potential site and each school proposed for renovation, expansion or closure is evaluated. Based on the information gathered during this review, the site evaluation committee will make a recommendation to the District Site Selection Committee concerning the selection of potential school sites in order of preference, and, if applicable, schools proposed for renovation, expansion or closure in order of preference. The following matters will be considered by the informal site evaluation committee, the County and the School Board when evaluating potential school sites or the expansion or rebuilding of existing schools, including charter schools: The location of school sites that will provide logical focal points for community activities such as the community facilities itemized in Subsection 9.1 and serve as the cornerstone for innovative urban design standards, including opportunities for shared use and co- location of community facilities. The location of new elementary and middle schools proximate to residential neighborhoods. The location of new schools within reasonable walking distance of the residential dwelling units served by the schools, as practicable, under the student assignment program. d eo mo oo The location of new high schools on the periphery of residential neighborhoods, with access to major roads. Compatibility of the school site with present and projected uses of adjacent property. Encouragement of community redevelopment and revitalization and efficient use of existing infrastructure and discouraging urban sprawl. Land availability, site acquisition and development costs, and degree of urbanization. Safe access to and from the school site by pedestrians and vehicles. Availability of public facilities and services necessary to serve the proposed school, concurrent with the impacts of the school. Environmental constraints that could preclude development of a public school on the site if mitigation is not available or practicable. Impact on archaeological or historic sites listed in the National Register of Historic Places or designated by the County as a locally significant historic or archaeological resource. Soil characteristics that indicate the proposed site is suitable for development or is adaptable for development and outdoor educational purposes with the provision of drainage improvements. The proposed location in relation to County stormwater management plans or watershed management plans. The proposed location in relation to the velocity flood zone, a floodway, or the Coastal High Hazard Area, as delineated in the County Growth Management Plan. The ability of the site to accommodate the required parking, circulation and queuing of vehicles. 16All 5.3 16Al The proposed location in relation to any airports considering the requirements of Section 333.03, Florida Statutes, which regulates the construction of public educational facilities in the vicinity of an airport. As early as practicable, but no less than 60 days prior to acquiring or leasing property that may be used for a new public educational facility, or initiating the renovation or expansion of an existing school, the School Board shall provide written notice of same to the County. The County, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site or the proposed renovation or expansion of an existing school is consistent with the land use categories and policies of the County's Growth Management Plan. This preliminary notice does not constitute the County's determination of consistency pursuant to Section 1013.33(11), Florida Statutes. Section 6. Supporting Infrastructure In conjunction with the preliminary consistency determination described at Subsection 5.3 of this Agreement, the School Board and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements necessary to serve each new school or the proposed renovation, or expansion of an existing school, and will enter into a written agreement as to the timing and location, and the entity or entities responsible for constructing, operating and maintaining the required improvements. Section 7. Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 The County will include a nonvoting representative appointed by the School Board on the local planning agency, or equivalent agencies, to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The County may, at its discretion, grant voting status to the School Board representative. The School Board will receive local planning agency's agendas and appropriate backup materials from the County and will review and comment as appropriate. 7.2 7.3 7.4 7.5 The County will provide the School Board notification of all land use applications and development proposals pending before it that may affect student enrollment, enrollment projections, or school facilities. Such notice will be provided at least 14 days prior to approval of the application. This notice requirement applies to amendments to the Growth Management Plan, Future Land Use Element and Map rezonings, developments of regional impact, and other major residential or mixed-use development projects. After notification by the County, the School Board will advise the County of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned in order to accommodate the impacts. School capacity will be reported consistent with DOE criteria. Based on the DOE definition of adequate capacity, if sufficient capacity is not available or planned to serve the development at the time of impact, the School Board shall specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, County, and developer may collaborate to find a means to ensure that sufficient school capacity will be available to accommodate the residential development, such as, developer contributions, project phasing, required facility improvements and school impact fees. In reviewing and approving land use applications, rezoning requests and development proposals, the County will consider, if applicable, the following issues when requested by the School Board: ao Providing school sites and facilities within planned neighborhoods. Insuring the compatibility of land uses adjacent to existing schools and reserved school sites. The co-location of parks, recreation and community facilities with school sites. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks. Insuring the development of traffic circulation plans to serve schools and the surrounding neighborhood. 9 7.6 Providing off-site signalization, signage, access improvements and sidewalks to serve all schools. The inclusion of school bus stops and turnarounds in new developments. Encouraging the private sector to .identify and implement creative solutions to developing adequate school facilities in residential developments. School Board comments on Growth Management Plan amendments and other land-use decisions. Available school capacity or planned improvements to increase school capacity. In formulating community development plans and programs, the County will consider the following issues: Target community development improvements in older and distressed neighborhoods near schools. Coordinate County programs and capital improvements that are consistent with and meet the capital needs identified in the School Board's school facilities plan. Encourage developments and property owners to donate school sites at predevelopment prices, assist with the construction of new facilities or renovation to existing facilities, and provide transportation alternatives. Address and resolve multi-jurisdictional public school issues. Section 8. Educational Plant Survey and Five-Year District Facilities Work Program 8.1 At least one year prior to preparation of the educational plant survey update, the staff working group established in Subsection 2.1 of this Agreement will assist the School Board in an advisory capacity in the preparation of this update. The staff working group will evaluate and make recommendations regarding the location and need for new l0 8.2 16All educational facilities, or improvements to existing educational facilities in terms of consistency with the County Growth Management Plan, and relevant issues listed at Subsections 5.2, 7.5 and 9.1 of this Agreement. The School Board will provide the proposed annual update of the five-year district facilities work program to the County for review and comment for consistency with the County Growth Management Plan prior to adoption. The County may provide written comments to the School Board within 30 days following receipt of the proposed work program. Section 9. Co-location and Shared Use 9.1 Co-location and shared use of facilities are important to both the School Board and the County. The School Board will look for opportunities to co-locate and share use of school facilities and civic facilities when preparing the Educational Plant Survey. Likewise, co-location and shared use opportunities will be considered by the County when preparing the updates to its Growth Management Plan, Schedule of Capital Improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co-location and shared use will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, where applicable, co-location and shared use of school and governmental facilities for health care and social services will be considered. 9.2 A separate agreement between the School Board and the County or appropriate entity, will be developed for each instance of co-location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision. Section 10. Oversight Process The School Board and the County Commission shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this Interlocal Agreement. Oversight Committee members shall be invited to attend all meetings referenced in Sections 2 and 5 hereof and shall receive copies of all reports and documents produced pursuant to this Agreement. The committee shall appoint a chairperson, meet at least annually, and report to the County Commission and the School Board and the general public on the implementation of this Agreement together with its effectiveness. 1! Section 11. Site Plan Review Projects initiated by the School Board shall comply with applicable site development plan review requirements as set forth in a separate inte.docal agreement entitled "lnterlocal Agreement Between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to Establish Educational Plant and Ancillary Plant Site Development Review Processes and Substantive Criteria Including the Consideration of Future Amendment's to the County's Growth Management Plan and Implementing Land Development Regulations," which further refines and delineates the provisions and scope of a School Board Review process for site plan review of future School Board projects. ,Section 12. Resolution of Disputes If the Parties to this Agreement are unable to resolve any issue relative to this Agreement and with in which they may be in disagreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. Section 13. Amendment and Termination of Agreement Either party may elect to withdraw from participation in this Agreement upon official action of its governing body and after 30 days written notice to the other party to this Agreement. Section 14. Execution This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument and be the agreement between the parties. Section 15. Expiration The term of this Agreement shall be for a period of ten years; provided however, that either party can request a review of the Agreement every two years. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by the Parties by their duly authorized officials on the date set forth below. ATTEST: Dw~Jit"Brock,. C[,erR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 12 Date: 16 11 Approved as to form and legal sufficiency: David C. oWeigel, Count~ Attorney ATTEST: By: Dr. H. BC6/n'j~ii~ Marlin, Superintendent COLLIER COUNTY SCHOOL BOARD By: L1r~da A6bott, Chairman Date: ~'//~,/0~ 404857 1 13 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE ,~101 TAMIA~I TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Date: To: From: Re.' June 3, 2003 R. Bruce Anderson, Esquire Young, van Assenderp, Varnadoe and Anderson, P.A. Trish Morgan, Deputy Clerk Minutes & Records Department Third Amendment to Interlocal Government Agreement Hamilton Harbor Enclosed please find a certified copy, as referenced above (Agenda Item #16A12), approved by the Board of County Commissioners on Tuesday, May 27, 2003, Thank you. Enclosure THIRD AMENDMENT TO INTERLOCAL GOVERNMENT AGREEMENT 16/112 This Agreement, is made and entered into this Zr].lgday of ~'~.0~ ,2003, by and between the City of Naples, Florida, a municipal corporation ("City"), and Collier County, a political subdivision of the State of Florida ("County"), pursuant to the authority set forth in Sections 125.01,163.01,163.3171(1), 163.3171(3) and 166.021, Florida Statutes (2002), for the purpose of amending the Second Amendment to Interlocal Government Agreement between the City and County regarding the Hamilton Harbor marina project. Recitals: A. On April 13, 1999, the City and County entered into the Inteflocal Government Agreement, recorded in the Public Records of Collier County at Official Record 2582, Page 2615 ("IGA"). B. On June 2, 1999, pursuant to the IGA, the City adopted Resolution 99-8540, Ordinance 99-8544 and Ordinance 99-8545, consisting of a small scale comprehensive plan amendment for a portion of the property, a rezoning (to "planned development") and DSEI approval for the entire Hamilton Harbor marina project, the legal description of which is attached hereto and incorporated by reference herein as Exhibit 1 ("the Subject Property"). On June 22, 1999, the City and County amended Paragraphs 5 and 6 of the IGA, by formal written agreement recorded in the Public Records of Collier County at Official Record 2582, Page 2624 ("the First Amendment"). D. On September 28, 1999, pursuant to the existing IGA, as amended, the County ~ OR: 3301 PG: 3433 adopted Ordinance No. 99-68, which rezoned that portion of the Subject Property lying wit the County (approximately 2 ! ± acres) to "planned unit development" in accordance with the City's PD Zoning Ordinance No. 99-8545. Through Ordinance No. 99-68, the County also adopted and ratified the City's PD Zoning Ordinance No. 99-8545 as the land use, development and other standards applicable to that portion of the Subject Property lying within the County. E. On April 5, 2000, the City repealed the approvals listed in Paragraph B above. F. As a result of the City's repeal of the approvals, the owners/developers of the Subject Property initiated litigation with the City. G. On October 11, 2002, in an effort to resolve the litigation, the City and the owners/developers of the Subject Property entered into a Conditional Settlement Agreement, whereby the City agreed to review development applications for a revised Hamilton Harbor marina project, consistent with certain "Revised Project Parameters." The Conditional Settlement Agreement required submission to the City of certain development petitions, including a Development of Significant Environmental Impact ("DSEI"), a General Development Site Plan ("GDSP"), a Conditional Use application, and a rezoning application (collectively, "the Revised Project Approvals"). H. Paragraph 5 of the Conditional Settlement Agreement required an amendment to the IGA, as amended, so as to allow for the Revised Project Approvals as set forth in the Conditional Settlement Agreement. The City and County satisfied Paragraph 5 of the Conditional Settlement Agreement by executing the Second Amendment to the IGA, dated December 3, 2002, a copy of which is recorded in the Public Records of Collier County at Official Record 3193, Page 2678 ("Second Amendment"). OR: 3301 PG: 3434 16 12 At the City Council's consideration and approval of the Second Amendment on December 4, 2002, the City Council requested technical amendments be made to Paragraph 7 and Exhibit 3. J. On March 5, 2003, the City granted certain development approvals for the revised Hamilton Harbor marina project - namely, (i) a rezone from "C" Conservation to "TC" Transitional Conservation (Ordinance 03-9975), (ii) a rezone from "C" Conservation and "TC" Conservation to "PD" Planned Development (Ordinance 03-9977); (iii) approval of a development of significant environmental impact (Resolution 03-9974); (iv) approval of a conditional use (Resolution 03-9976); (v) approval of a residential impact statement (Resolution 03-9979); and (vi) approval of a general development and site plan (Resolution 03-9978). K. On March 20, 2003, the City and Hamilton Harbor, Inc. executed an Amendment to the Conditional Settlement Agreement to reflect the development approvals for the revised Hamilton Harbor marina project. A copy of the Amendment to the Conditional Settlement Agreement is attached hereto as Exhibit 2. L. The purposes of this Third Amendment to the IGA are to make the technical amendments referenced in Paragraph I above, to clarify the provisions of Paragraph 3, and to revise Exhibit 3 to make that exhibit consistent with the development approvals granted by the City on March 5, 2003. M. Approximately 154 acres of the Hamilton Harbor project lie within the City and approximately 21 acres lie within the County. The City and County recognize that the majority of the land comprising the Hamilton Harbor marina project, including the water access and shoreline, and most of the resources that may be impacted by the Hamilton Harbor marina project OR: 3301 PG: 3435 lie within the City. N. The City and County agree that in order to assure an orderly process, ensure consistent development standards and promote governmental efficiency, the development approval procedures for the entire Hamilton Harbor marina project, including that portion lying within the County, will be conducted by the City. O. The City and County agree that, in an effort to coordinate the planning and review of the Hamilton Harbor project, a single set of substantive standards and building parameters should apply to the entire Hamilton Harbor marina project. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of the Hamilton Harbor marina project, the City and County hereby agree as follows: 1. The foregoing Recitals are adopted and incorporated by reference as if set forth fully here. 16/112 2. The County reviewed the Conditional Settlement Agreement and the Amendment thereto, together with the Revised Project Parameters and contemplated Revised Project Approvals set forth therein, and agrees that the City shall have sole jurisdiction to process the development applications for the entire Hamilton Harbor marina project, including that portion of the project lying within the County. The City provided the County with a copy of the General Development and Site Plan Petition for the County's review and comment. 3. The County agrees that the Revised Project Parameters and the City's land development regulations shall apply to the entire Hamilton Harbor marina project, including that OR: 3301 ?G: 3436 portion of the project lying within the County. Notwithstanding the foregoing sentence, the endangered species protections contained within the County's Growth Management Plan and Land Development Code shall control and be applied to development occurring within that portion of the Subject Property lying within the county, including the Manatee Protection Plan and the manatee protection criteria set forth in the County's Growth Management Plan and Land Development Code as of December 3, 2002. 4. The City agrees that the Revised Project Approvals, if approved, for the entire Hamilton Harbor marina project shall not exceed the uses, heights, intensities, densities and approximate locations of facilities as set forth in Exhibit 3, attached hereto. 5. Upon the City's adoption of the Revised Project Approvals, if approved, the County shall ratify same and rezone that portion of the Subject Property lying within the County to "Planned Unit Development" in accordance with the Revised Project Approvals. The legal description of the portion of the Subject Property lying within the County is attached hereto as Exhibit 4. 6. After adoption and ratification of the Revised Project Approvals by the City and County, respectively, building and site development permits for infrastructure and vertical construction for the entire Hamilton Harbor marina project shall be subject to processing, review and approval by the City in accordance with its land development regulations. 7. The City shall have sole jurisdiction to process any proposed amendments to the Revised Project Approvals, whether or not those amendments affect or change the development occurring on property within the County. In the event the City approves any proposed amendment which exceeds the Revised Project Parameters or those standards set forth in OR: 3301 PG: 3437 16 12 attached Exhibit 3, the County shall have authority to review and approve any such amendment to development orders applicable to that portion of the Subject Property located within the County. 8. This Third Amendment to the IGA shall have the effect of abrogating and replacing the IGA, as amended. This Third Amendment to the IGA shall be effective for a period of twenty (20) years from the day and year first above written, and shall automatically renew for four (4) additional twenty (20) year time periods unless the City or the County gives at least sixty (60) days prior written notice to the other, prior to an automatic renewal date, that the IGA, as amended, shall not be automatically renewed and shall expire. ATTEST: TARA A. NOR~A~ A-I~ ~2ity Clerk APproved as to form and legal sufficiency: BOARD OF~EOMMISISIONERS .G z, l.O~5 CITY OF NAPLES, FLORIDA "'- BONNIE 'R. M~cKE~ZIE.X,M~or' 6 ROBERT D. PRITT, City Attomey OR: 3301 PG: 3438 7 OR: 3301 PGe 3439 EXIIlBIT 1 16/ 12 Legal Description All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the southeast comer of said Section 22; thence along the east line of said Section 27, South 00'23'12" West 2328.64 feet; thence leaving said section line South 89'32'18" West 1290.14 feet; thence North 00'27'34" West 331.71 feet; thence northeaxterly 846.91 fe.~t along the arc cfa tangential cimular curve concave to th~ southeast having a radius of 800.00 feet through a central angle of 60'39'19" and being subtended by a chord which bears North 29'52'06" East 807.91 feet to a point of reverse curvature; thence northerly 1011.26 feet along the arc cfa tangential circular curve concave to the northwest having a radius of 750.73 feet through a central angle of 77'10'46" and being subtended by a chord which bears North 21'36'21" East 936.52 feet; thence North 16'59'02" West 450.59 feet; thence North 50'00'29" Eozt 226.72 feet thence northeasterly 113.41 feet along the arc cfa tangential circular curve concave to the northwest having a radius of 150.00 feet through a central angle of 43'19'08" and being subtended by a chord which bears North 28'26'43" East 110.73 feet to a point of compound curvature; thence northerly 320.89 feet along the arc cfa tangen*lal circular curve concave to the west having a radius of 480.00 feet through a central angle of 38'18'13" and being subtended by a chord which bears North 12'21'57" West 314.95 feet to a point of reverse curvature; thence northerly 109.67 feet along the arc cfa tangential circular curve concave tO the east having a radius of 100.00 feet through a central angle of 62'50'20" and being subtended by a chord which bears North 00'05'54" West 104.26 feet to a point of rever~e curvature; thence northeasterly 171.22 feet along the arc cfa tangential circular curve concave to the west having a radius of 180.00 feet through a central angle of 54'30'00" and being subtended by a chord which bears North 04'04' 16" East 164.83 feet; thence North 23'10'44" West 123.01 feet; thence northwesterly and easterly 197.05 feet along the arc cfa tangential circular curve concave to the southeast having a radius of 100.00 feet tltrough a central angle of 112'54'00" and being subtended by a chord which bears North 33'16'16" East 166.68 feet; thence North 89'43'16" East 110.00 feet; thence easterly and northwesterly 213.10 feet along the arc cfa tangential circular curve concave to the northwest having a radius of 100.00 feet fl~rough a central angle of 122'06'00" and being subtended by a chord which bears North 28'40'16" East 175.01 feet to a point of reverse curvature; thence northerly and northeasterly 78.69 feet along the arc cfa tangential circular curve concave to the east having a radius orS0.00 feet through a central angle of 90'10'20" and being subtended by a chord which bears North 12'42'26" East 70.82 feet; thence North 57'47'36" Eazt 67.46 feet; thence northerly and northwesterly 194.01 feet along the arc cfa tangential circular curve concave to the west having a radiuz of 75.00 feet through a central angle of 148'12'45" and being subtended by a chord which beav~ North 16' 18'46" W~ 144.27 feet; thence South 89'34'51" West 30.00 feet; thence westerly and southwesterly 157.08 feet along the arc cfa tangential circular curve concave to the southeast having a radius of 100.00 feet through a central angle of 90'00'00" and being subtended by a chord which bears South 44'34'5I" West 141.42 feet; thence South 00'25'09" East 169.99 feet; thence south~vesterly 62.98 feet along the arc cfa tangential circular curve concave to the northwest having a radius of 50.00 feet/lu'ough a central angle of 72'10'28" and being subtended hy a chord which bears South 35'40'05" West 58.90 feet;' 0 ' ' : thence South 71'45'19" West l16,,0, 4 feet; R, 3301 PG. 3 40 thence southwesterly and southerl3 248.54 feet along the arc cfa tangential circular curve concave to the southeast . 6 A 1 having a radius of 150.00 feet through a central angle of 94'56'03" and being subtended by a chord which bears $out"l~m 24'1T18" West 221.07 feet; thence South 23'10'44" East 123.01 feet; thence southerly and southwesterly 101.05 feet along the are cfa tangential circular curve concave to the northwest having a radius of 50.00 feet through a central angle of 115'47'41" and being subtended by a chord which bears South 34'43'14" West 84.71 feet to a point of compound curvature; thence northwesterly 256.08 feet along the are cfa tangential circular curve concave to the northeast having a radius of 220.00 feet through a central angle of 66'41'32" and being subtended by a chord which bears North 54'02'10~ West 241.87 feet; thence North 20'41'24" West 195.01 feet; thence northeasterly 312.33 feet along the arc cfa tangential circular curve concave to the east having a radius of 280.00 feet through a central angle of63'54'40' and being subtended by a chord which bears North 11'15'56" East 296.39 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 516.02 feet along the arc cfa tangential circular curve concave ¢o the west having a radius of 300.00 feet through a central angle of 98'33'08" and being subtended by a chord which bears North 06'03'I8" West 454.72 feet; thence North 55' 19'52" West 528.65 feet; thence North 02'23'16" East 275.02 feet; thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a central angle of 88'57'04" and bc~c,g subtended by a chord which bears North 46'51'48" East 70.06 feet to 8 point of reverse curvature; thence northeasterly 731.46 feet along the are cfa tangential circular curve concave to the north having a radius of 1200.00 feet through a central angle of 34'55'29" and being subtended by a chord which bears North 73'52'36" East 720.19 feet to a point of reverse curvature; thence northeasterly, northerly and northwesterly 1M.88 feet along the are 0fa tangential circular curve concave to the west having a radius of S0.00 feet through a central angle of 154'33'46" and being subtended by a chord ,,vhieh bears North 20'52'02" West 97.55 feet to a point of reverse curvature; thence westerly and northeasterly 71.31 feet along the arc cfa tangential circular curve concave to the northeast having a radius of 35.00 feet through a central angle of 116'44!18" and being subtended by a chord which bears North 39'46'46" West 59.60 feet; thence North 18'35'23" East 68.45 feet; thence North 13'49'59" East 340.07 feet; thence North 07'00'50" East 161.59 feet; thence North 82'59'10" West 35.00 feet; thence North 07'00'50" East 14.74 feet; thence North 89' 18'51" East 527.45 feet; thence South 00' 13' 12" East 335.51 feet; thence North 89'24'52" ~East 1333.23 feet; thence North 00'32'30" West 30.00 feet; thence North 89'24'52" East 50.00 feet; thence South 00'32'30" East 537.45 feet; thence sou*It 89'29'24" West 916.48 feet; thence South 00'06'04" East 453.00 feet; thence south 89'29'24" West 470.01 feet; thence South 00'06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions cfi;ce, ord. Containing 124.33 acres more or less. All that part of Section 27, Township 50 South, Range 25 East, Collier County, Florida, being more particularly descaibed as follows; Commencing at the Northeast comer of said Section 27; thence along the ea~t linc of said Section 27 South 00'23'12" We.~t 2690.18 feet to the Point of Begitm!n_g of the parcel OR: 3301 PG: 3441 ~ herein described; al~ongthence continue along saidsaid South line SouthSecti°n89'3 l'09"line South 00'23'14" West 268.9.01,Vest 758.84 feet; feet to the South line of said Section 27 then,t 6 l~ 1 ' thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, O.R. Book 1143, pages 1303-1304, Collier County, Florida in the following four described courses; 1) Northerly 956.29 feet along the arc of a tangential circular curve concave to the east having a radius of 4446.88 feet through a eentraI angle of 12'19'17" and being subtended by a chord which bears North 00'07'24" East 954.45 feet; 2) North 06'17'02" East 770.62 feet; 3) Northerly and Northwesterly 656.57 feet along the arc ora tangential circular curve concave to the Southwest having radius of 517. 14 feet through a central angle of 72'44'36" and being subtended by a chord which bears North 30'05'16" West 613.35 feet to a point of reverse curvature; 4) Northwesterly and Northerly 549.88 feet along the arc of a tangential circular curve concave to the Northeast having a radius of 477.36 feet through a cehtral angle of 66'00'00"and being subtended by a chord which bears North 33'27'33" West 519.98 feet to the South line of Government Lot 1 thence along the South line of said Government Lot 1 and leaving'said Bulkhead line North 89'32'16" East 1284.80 feet to the Point of Beginning of the parcel herein described. Subject to easements, reservations, rights-of-way and restrictions of record. Containing 51.11 acres more or less. Bearings are based on the east line of said Section 27 being South 00'23'13 West (.per State Plane Coordinate System, Florida East Zone, NAD 83 Adjustment). Total Parcel Contains 175.44 Acres more or less. Exhibit 2 AMENDMENT TO CONDITIONAL SETTLEMENT OR: 3301 PG: 3442 This Amendment to Conditional Settlement Agreement ("Amendment") is made and entered by and between Collier Enterprises, Ltd., Collier Development Corporation, Hamilton Harbor, Inc. (collectively "Hamilton Harbor"), c/o Collier Enterprises, 3003 Tamiami Trail North, Naples, Florida 34103, and the City of Naples ("City"), a political subdivision of the State of Florida, 735 Eighth Street South, Naples, Florida 34102. WHEREAS, the City and Hamilton Harbor engaged in settlement negotiations, which resulted in a Conditional Settlement Agreement. WHEREAS, the Conditional Settlement Agreement was considered and approved by the City at a duly noticed public hearing on September 30, 2002, and executed on October 11, 2002. WHEREAS, The Conditional Settlement Agreement required that the City follow its development review procedures, including all necessary public hearings, as part of the proposed settlement, for consideration of the revised Hamilton Harbor Marina, including public hearings before the Planning Advisory Board and final consideration by the City Council, as required. WHEREAS, on December 11, 2002, the revised Hamilton Harbor Marina went before the Planning Advisory Board, which recommended approval of the revised Hamilton Harbor Marina. WHEREAS, following the Planning Advisory Board's recommendation, additional revisions were made to the revised Hamilton Harbor Marina, further reducing the Project's impacts. WHEREAS, on February 17, 2003, the City Council approved, at first reading, the rezoning portions of the revised Hamilton Harbor Marina as allowed by the Conditional Settlement Agreement. OR: 3301 PG: 3443 WHEREAS, on March 5, 2003, the City Council approved, at second reading, the rezoning portions of the revised Hamilton Harbor Marina, as further revised, and also approved other necessary approvals as allowed by the Conditional Settlement Agreement. WHEREAS, the City and Hamilton Harbor drafted this Amendment to incorporate the modifications that were made during the review process of the revised Hamilton Harbor Marina. NOW, THEREFORE, in consideration of the mutual agreements and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to modify the Conditional Settlement Agreement as follows: 1. Marina Basin: Exhibit B referenced in Paragraph 3.a. of the Conditional Settlement Agreement has been modified in accordance with the attached Revised Exhibit "B". The modifications further reduce the potential impacts to the marina basin. 2. Wet Slips: Paragraph 3.c. of the Conditional Settlement Agreement is modified to limit the maximum number of wet slips to 36. 3. Conservation Lands to be Conveyed to City: Paragraph 3.g. of the Conditional Settlement Agreement is modified to include an additional 41 acres that shall be part of the permanent conservation easement lands to be conveyed to the City, so that this area of uplands, wetlands and submerged lands totals approximately149 acres. 16g12 OR: 3301 PG: 3444 16 12 DONE AND EXECUTED in the City of Naples, Collier County, State of Florida, this day of ~H , 2003. CITY OF NAPLES o By: ~"or~nie R. MacKenzie, Ma~'67 ' -q,/r-~ - Attest: Tm'~ A. Norman, City (slerl~ HAMILTON HARBOR, INC. Its: COLLIER ENTERPRISES, LTD. Its: / / COLLIER DEVELOPMENT CORPORATION By: Its: Gity Attorney 699163 16A12 C:: m C: ,! I' CZ) CZ) OR: 3301 PG: 3449 EXHIBIT 3 DEVELOPMENT CRITERIA AND STANDARDS FOR HAMILTON HARBOR (within Collier County jurisdiction) II. III. IV. V. Permitted Principal Uses: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: D. E. F. G. H. Part of boat basin in conjunction with dry boat storage facility. Dry boat storage facility for a maximum of 325 boats, in conjunction with the marina facility on adjoining land within the City of Naples. Marine equipment and boat sales and display. Boat docking facilities. Marina related offices. Repair and servicing of boats, boating accessories and marine equipment. Marina related retail sales. Cultural or civic facilities for educational purposes (a maximum of 3,000 square feet). Boardwalks and nature trails. Permitted Accessory Uses: Accessory uses and structures which are incidental and customarily associated with the above permitted use as follows: B. C, D. E. F. G. H. I. Incidental loading and unloading of marine supplies. Ponds/water management facilities. Parking lots. Landscape buffers. Yacht or sailing clubs. Signage, including internal directional signage and structures. Wastewater pump-out facilities. Fuel storage facilities. Accessory uses and structures which are incidental to and customarily associated with the permitted uses listed above. Minimum Lot Area: 10,000 SF Maximum Lot Coverage by Buildings: 50 percent Minimum Setbacks Principle and Accessory Buildings 30 feet from project perimeter boundary, except for the dry storage facility where the setback is 50 feet and the water where the setback is 0 feet. OR: 3301 PG: 3450 VI. VII. VIII. IX. Maximum Building Height Dry Storage Facility Cultural and Civic Facilities Minimum Off-Street Parking Architectural Standards Dry storage facility Fences and walls 16 12 42 feet to the peak of the roof measured from the first floor FEMA elevation, in accordance with the City Code. 35 feet to the peak of the roof measured from the first floor FEMA elevation, in accordance with the City Code. Dry storage facility - 1 space/10 dry slips. Parking spaces noted are minimums and may increase based on marina industry standards. Due to the placement of the dry boat storage facility, existing mangrove trees and large ficus trees in Bayview Park substantially hide the building from public view. The dry boat storage building facades will be a natural color to further blend in with the surrounding environment. Chain link fences are only allowed along Bay Street behind the berm and along the eastern edge of the fueling facility. The maximum permitted fence/wall height on Danford Street is six feet. The maximum permitted wall height along the eastern edge of the docking facility is six feet with an additional two feet of wrought iron or grillwork. Wall columns may reach a maximum of eight feet in height and two feet in width, spaced a minimum of eight feet apart. Fences and walls shall be setback 30 feet from the Bay Street property line, 5 feet from the north-south property line at the west end of Bay Street, and 18 inches along Danford Street. Walls must be masonry and painted in a color compatible with the proposed buildings. Preserve Areas designated "Preserve" shall be protected by Developer placing a permanent conservation easement in favor of the City and conveying said areas, in fee simple and with good and marketable title, free and clear of all liens and mortgages, to the City for Ten Dollars ($10) for the City's conservation land program. XI. Water Management Water management will be conducted according to engineering best management practices and the requirements of the South Florida Water Management District. XII. Landscape Buffers A 40 foot landscape buffer will be provided along the northern side of the entry road, buffering the adjoining residents to the north. An average of a 25 foot buffer area will be provided around the wetlands to the south of the project. XIII. Access Primary access will be from an entry located at a southern extension of Fern Street. *** OR: 3301 PG: 3452 *** EX1~BIT 4 16/112 Description of part of Section 23, Township 50 South, Range 25 East, Collier County, Florida. All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the southwest comer of said Section 23; thence along the west line of said Section 23, North 00'06'04" West 2039.29 feet to the Point of Beginning of the parcel herein described; thence continue along said section line in the following two described 1) North 00'06'04" West 653.01 feet; 2) Nor~ 00'13'12" West 305.62 feet; thence leaving said section line North 89'24'52" East 1333.23 feet; thence North 00'32'30" West 30.00 feet; thence North 89'24'52" East 50.00 feet; thence South 00'32'30" East 537.45 feet; thence South 89'29'24" West 916.48 feet; :thence South 00'06'04" East 453.00 feet; thence South 89'29'24'" West 470.01 feet to the Point of Beginning of the parcel'herein described; Subject to easements and restrictions of record. Containing 21.02 acres more or less. Bearings are based on the west line of said Section 23 being North 00'06'04" West. Certificate of authorization #LB-43. MEMORANDUM 16B1 Date: To: From: Re: May 28, 2003 Robert C. Wiley, P.E. Principal Project Engineer Trish Morgan, Deputy Clerk Minutes & Records Department Sixth Amendment (Contract Amendment No. 97-2715-A06) "Lely Area Stormwater Improvement Project - Phase I" Enclosed please find one copy of the document as referenced above (Agenda item #16B1), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank You. Enclosure SIXTH AMENDMENT Contract Amendment No. 97-2715-A06 "Lely Area Stormwater Improvement Project - Phase I" This SIXTH Amendment, is dated May 7_ri ,2003, amends the original Agreement, between Agnoli, Barber and Brundage, Inc. (the "Consultant") and Collier County, Florida, the ("Owner"). RE: Contract # 97-2715 "Lely Area Stormwater Improvement Project" This Amendment accomplishes two (2) purposes: It extends the time for completion of the entire project by an additional two hundred and seventy-five (275) days and also amends the budget for Task 6.A (RAI Responses) for the Consultant to properly respond to State and Federal Environmental Regulatory responses. In order to continue the services provided for the original Contract document referenced above, Consultant hereby agrees to amend the above referenced Contract as per the Supplemental Authorization Proposal Letter dated March 11, 2003, attached and incorporated herein by reference, which details this specific budget amendment. Amendments to Budgets: The budget for Task 6.A, Request for Additional Responses, is by this Amendment being increased by seventy thousand dollars ($70,000.00). The original Agreement total amount was seventy-nine thousand nine hundred twenty-six dollars ($79,926.00). The sum total of Amendments One through Five for additional services is in the amount of four hundred seventy-two thousand eight hundred forty-two dollars and fifty cents ($472,842.50), which brought the total amount of the contract up to the current amount (before applying this 6th Amendment) of five hundred fifty-two thousand seven hundred sixty-eight dollars and fifty cents ($552,768.50). This Amendment No. 6 increases the total Agreement amount to six hundred twenty-two thousand seven hundred sixty-eight dollars and fifty cents ($622,768.50). Extension of Time: Time for completion of all work contained in this amended Contract shall be extended an additional two hundred and seventy-five (275) days. Therefore, as a result of this extension the total time of the contract is seventeen hundred thirty-two (1,732) calendar days and which results in a revised (extended) completion of contract date of November 30, 2003. All other terms of the contract remain the same and in full force and effect, including the effects of prior Amendment No. 97-2715-A05. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Dwight, ~.,B~i~. ::,~l~rk ~pprO~¢,9 as tO ~o~ a legal SU~.~:: ~ { Tom ~[mer, Assistant County Attorney ATX-t~ST: F~,s.t, Witnes;-~' Printed Nme of firs~itness // S e~o~d Witn~~~' Printed Name of S~ond Witness OWNER: BOARD OF CQUNTY COMMISSIONERS By: TOM HENN1NG, Chairman CONSULTANT: By: (~J~ {~/~'~'~ (L.S., D~iel ~. B?ht~g/, P.E., President 16B3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 MEMORANDUM Date: To: From: Re: May 28, 2003 Robert Tipton, P.E. Traffic Operations Manager Trish Morgan, Deputy Clerk Minutes & Records Department Resolution 2003-182 A Speed Limit Increase From (25MPH) to (35MPH) on Coronado Parkway EnclOsed please find one copy of the document as referenced above (Agenda item #16B4), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank You. Enclosure Cc: Sheriff's Office A RESOLUTION AUTHORIZING A SPEED LIMIT INCREASE FROM TWENTY-FIVE MILES PER HOUR (25 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON CORONADO PARKWAY. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Coronado Parkway falls under the jurisdiction of the BCC and has a twenty-five miles per hour (25 mph) speed limit; and WHEREAS, in accordance with Chapter 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of the County's engineering and traffic investigation indicate that an increase to the speed limit of thirty-five miles per hour (35 mph) is reasonable and safer under the conditions found to exist and that it conforms to criteria promulgated by the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1: The BCC does hereby establish a thirty-five miles per hour (35 mph) speed limit on Coronado Parkway and does hereby direct the Collier County Transportation Operations Department to erect appropriate speed limit signs giving notice thereof. SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for Coronado Parkway. SECTION 3: The effective date of the speed limit increase shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this 2fl'-~ day of [Y~CLI.~ ,2003. ATTEST..: ~a- ,~-,. ~ Approv~'~;to:f6~ ~nd' flei~ F~ As~on Assistant Collier County Attorney BOARD OF CDUNTY COMMISSIONERS COLLIE~T~/~RIDA . BY: /9~rl_ _...- h~gd-~-~ T~I~ ~I~NNING, Chairman ~ 5.-rl-O~ v MEMORANDUM Date: May 28, 2003 To: Robed Wiley, P.E., Principal Project Manager Stormwater Management Section/TECM From: Trish Morgan, Deputy Clerk Minutes & Records Department Re-" 2- Memorandums of Understanding Between South Florida Water Management District and Collier County Government, FL Enclosed please find two (2) original documents as referenced above, approved by the Board of County Commissioners on Tuesday, May 27, 2003 (Agenda Item #16B6). Kindly forward these documents to the appropriate person(s) at the South Florida Water Management District for the required signature(s), and return one fully executed original of each Memorandum of Understanding (-total of two) to the Collier County Minutes and Records Department. Thank you. Enclosures 16 6 BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO-SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE AN EMERGENCY DISCHARGE STRUCTURE WITHIN A PRIVATE STORMWATER MANAGEMENT SYSTEM (SFWMD PERMIT NO. 11-00423-S, ROYAL WOOD SUBDIVISION, COLLIER COUNTY) IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOU) for the operation of an emergency discharge structure for the Royal Wood Golf and Country Club stormwater management system in anticipation of, or in response to, defined emergency triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. o STATEMENT OF FACTS SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. SFWMD and the COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of an existing, unpermitted Emergency Discharge Structure for the benefit of the COUNTY, the residents of Royal Wood Golf and Country Club, and residents upstream of Royal Wood Golf and Country Club, provided that the operation of the Emergency Structure, as identified in the application to modify SWM Permit No. 11-00423-S (the "Permit"), is carried out in accordance with the terms, conditions and defined emergency trigger/parameters contaixied in the Permit. Operation of this Emergency Discharge Structure is proposed by the COUNTY in order to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. Page 1 of 14 MEMORANDUM OF UNDERSTANDING AND AGREEMENT PERMITTEE RESPONSIBILITIES COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of the Royal Wood Emergency Discharge Structure and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. COUNTY will be the sole contact agency to SFWMD for the operation of the Emergency Structure. All requests to operate the Emergency Structure are to come only from COUNTY and not the Royal Wood residents. It shall be COUNTY's obligation to inform the residents of the Royal Wood Subdivision of the provisions of this MOU. COUNTY shall at all times, maintain lock mechanisms on the control mechanism for the Emergency Structure in order to prevent unauthorized operation. COUNTY shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or improper operation of the Emergency Structure. If it is determined by SFWMD that operation of the Emergency Structure was improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the Emergency Structure is closed and secured if instructed to do so by SFWMD, until a mutually acceptable solution is agreed upon by the parties. During the review process of COUNTY's application to operate the Emergency Structure, which is resulting in the issuance of a Permit Modification ("Permit"), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the Emergency Structure may have on downstream users. This joint consideration resulted in a finding that~no significant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule, does occur or is anticipated to occur to downstream system users as a result of the operation of the Emergency Structure, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as Permittee receives SFWMD approval by either an amendment to the Permit and/or this MOU in order to eliminate such unacceptable and adverse impact. COUNTY shall consider water conservation each time it authorization from SFWMD to operate the Emergency Structure. COUNTY and SFWMD to conserve fresh water supplies. operates or requests It is ~he intent of both Page 2 of 14 1686 10. 11. 12. 13. 14. 15. 16. Requests to operate the Emergency Structure at any stages other than those listed in the Permit, may be considered by SFWMD if there is a declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the Emergency Structure. All Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities shall constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. Should any other regulatory agency require changes to the operation of the Emergency Structure, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required..Changes requiring a modification to the Permit and/or this MOU shall not be made until approved by the SFWMD. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in Permittee any property fight, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by COUNTY, or convey any fights or privileges other than those specified in the MOU and Chapter 40E-4 or Chapter 40E-40, Fla. Admin. Code. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities which may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the Emergency Structure authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the Emergency Structure or the real property on which the Emergency Structure is located. All transfers of ownership are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, Fla. Admin. Code. COUNTY shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the property containing the Emergency Structure or the ownership or control of the Emergency Structure. Upon reasonable advance notice to COUNTY, SFWMD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the Emergency Structure to ensure its conformity with the plans and specifications /mthorized by the Permit. Page 3 of 14 17. 18. 19. 20. 21. 22. 23. 1686 If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFWMD's Fort Myers Service Center. COUNTY shall immediately notify the SFWMD's Environmental Resource Compliance Department, in writing, of any previously submitted Emergency Structure information that is later discovered to have been inaccurate at the time of submission. SFWMD RESPONSIBILITIES SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the Emergency Structure, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation of the Emergency Structure. JOINT RESPONSIBILITIES COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. COUNTY and SFWMD shall meet in January of each year to assess compliance with the Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. COUNTY agrees that any future permit applications for construction and/or operation of the Emergency Structure shall be consistent with this MOU or the MOU may be modified accordingly. All future permit applications shall be consistent with the MOU including the following principles: All emergency gates or other bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. A decision on whether internal structures will be required to be Individual or General Permits will be reached by SFWMD staff after consideration of the site specific circumstances and consultation with SFWMD staff. An emergency structure will only be permitted when another government entity is the permittee. COUNTY, as the applicant, shall demonstrate' that it has crews available to operate and maintain the Emergency Structure. SFWMD's authorization of this structure is premised upon COUNTY having operating Page 4 of 14 24. 25. 26. 27. 28. control of the surface water management system affecting Structure and not just the outfall structure. 16 6 the Emergency COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, "emergency" is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. COUNTY, as the operator of the Emergency Structure, has in its application, submitted an operation schedule which identifies the critical elevation which causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. COUNTY, as the operator of the Emergency Structure, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. If COUNTY improperly uses the Emergency Structure at any time without approval from SFWMD, SFWMD may require measures that render the Emergency Structure inoperable. COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of a system's water level level below control elevation for a period of time, such as a situation where, to minimize flooding, SFWMD is opening its gates to lower canal water levels in anticipation of major rain events (e.g. tropical cyclones). In the absence of being able to get previous approval from the SFWMD and in such emergency circumstances, COUNTY may operate the Emergency Structure as it deems necessary during such emergency circumstances to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, 'or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. The COUNTY has the authority to determine the appropriate water level that should be used during the use of the Emergency Structure in such emergency situations. The COUNTY shall notify the SFWMD within twenty-four (24) hours of the termination of such emergency conditions of any Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the Page 5 of 14 29. 30. 31. 32. 33. 34. 35. 686 lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. MISCELLANEOUS PROVISIONS This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the Emergency Structure's operational parameters, physical modifications to the Emergency Structure, or termination of this MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C., if any. In the event it is determined that operation of the Emergency Structure is causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E-4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Governing Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes (1999). Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and the subject Permit or applicable Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the Emergency Structure be removed, or (B) the Emergency Structure be modified to permanently prohibit usage by operation. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C. The MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the Emergency Structure between SFWMD and COUNTaf, and may not be altered except as authorized in paragraph no. 29 above. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. Page 6 of 14 36. 37. 38. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings !. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth bolow. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Page 7 of 14 16t 6 Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to ~ant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. Page 8 of 14 686 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. Circuit Court 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15m Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. District Court of Appeal 8. Pursuant to Section 120.68, Fla. Stat., a party v/ho is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Land and Water Adjudicatory Commission - 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code, a request for review of(a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order o~ the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative Page 9 of 14 1686 hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. Land Use and Environmental Dispute Resolution 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.5 l(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.5 I(4) and (6), Fla. Stat. Mediation 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the persorOs substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of ali the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrarNe hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative Page 10 of 14 1686 ..... hearing process under Sections 120.569 and 120.$7, Pla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Variances and Waivers 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attomey or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing; (0 the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver ora SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28-104.004(2), Fla. Admin. Code, the petition must also include: ~ a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. . Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 Initiation of Proceedings (Involving Disputed Issues of Material Fact) (2) All petitions filed under these rules shall contain: known; (a) The name and address of each agency affected and each agency's file or identification number, if Page 11 of 14 (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number 0f the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 28-106.301 Initiation of Proceedings (Not Involving Disputed Issues of Material Fact) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 Suspension, Revocation, Annulment, or Withdrawal (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requestiag a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.013Request for Review Pursuant to Section 373.114 or 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the role or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of su~ciency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. Page 12 of 14 686 (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unswom, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 Emergency Action (I) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14-day notice requirement of Section 120.569(2)Co), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40e- 1.611 Emergency Action ~ (l) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial actl'on necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, at, er the expiration of the requisite time for compliance with that order. Page 13 of 14 16 6 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFWMD this __ Day of ATTEST: ,2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY: BY: TONY BURNS Assistant Secretary LEGAL FORM APPROVED Name Title BY: FRANK S. BARTOLONE Senior Attorney Passed and approved by the Board of County Commissioners of Collier County, Florida, this 2.rl,~ Day of ~ ,2003 ATTEST: Dwight i,.,EyBrifq~;C]erk Approved ~ ~d Legal Sufficiency: Thom~ C. Pflmb{ Assist~t Co~ty A~omey BOARD OF COUNTY COMMISSIONERS OF COLLIERBy: .__~~_....-~.COUIqTY · Tom He'ming, Cfiairman Ir Page 14 of 14 686 BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO-SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE WATER CONTROL STRUCTURES OF. THE LELY AREA STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS (SFWMD PERMIT NO. 11- , LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER COUNTY) Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOU) for the operation of a Public Stormwater Management System for the Lely Area Stormwater Improvement Project (hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. STATEMENT OF FACTS SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. o SFWMD and COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of each operable control structure for the benefit of the COUNTY, provided that the operation of all operable LASIP control structures as identified in Attachment "A", is carded out in accordance with the terms, conditions and defined emergency trigger/parameters contained in the Permit. Such Emergency Structure Operation is proposed by the COUNTY in 6rder to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. Page 1 of 15 o 10. 1686 MEMORANDUM OF UNDERSTANDING AND AGREEMENT COUNTY RESPONSIBILITIES COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of all LASIP Emergency Structures and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP Emergency Structures. All requests to operate the LASIP Emergency Structures are to come from only COUNTY and not the residents of developments in the area. It shall be COUNTY's obligation to inform all residents of the provisions of this MOU. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY shall provide SFWMD/Big Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or improper operation of the LASIP Emergency Structures. If it is determined by SFWMD that operation of the LASIP Emergency Structures were improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the LASIP Emergency Structures are closed and secured if instructed to do so by SFWMD, until a mutually acceptable solution is agreed upon by the parties. During the review process of COUNTY's application to construct and operate the LASIP Emergency Structures, which is resulting in the issuance of an Environmental Resource Permit ("Permit"), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the LASIP Emergency Structures may have on downstream users. This joint consideration resulted in a finding that no significant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD nde, does occur or is anticipated to occur to downstream system users as a result of the operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as COUNTY receives SFWMD approval by either an amendment to the Permit and/or this MOU in order to eliminate such unacceptable and adverse impact. COUNTY shall consider water conservation each time it operates or requests authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent of both COUNTY and SFWMD to conserve fresh water supplies. Requests to operate the LASIP Emergency Structures at any stages other than those listed in the Permit or Attachment A of this MOU, may be considered by SFWMD if there is a Page 2 of 15 declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the LASIP Emergency Structures. 11. All LASIP Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities will constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. 12. COUNTY shall require the contractor that it uses to install the LASIP Emergency Structures and COUNTY's staff to review and become familiar with the terms and conditions of the Permit and this MOU. 13. Activities contemplated by.this MOU or the Permit shall be conducted in a manner that does not cause violations of State water quality standards. COUNTY shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards at the LASIP Emergency Structure sites. Temporary erosion control shall be implemented prior to and during construction of the LASIP Emergency Structures and permanent control measures shall be completed within 7 days following such construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the work authorized by the Permit. Turbidity barriers shall remain in place at all locations until such LASIP Emergency Structure construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, Fla. Admin. Code, unless a project-specific erosion and sediment control plan is approved as part of the Permit. COUNTY shall correct any LASIP Emergency Structure construction or operational related erosion or shoaling that causes adverse impacts to the water resources. 14. Within 30 days after completion of construction of the authorized Permit activity, COUNTY shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. The submittal shall serve to notify SFWMD that the LASIP Emergency Structures are ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, a copy of the approved drawings must accompany the certification with'deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. A registered surveyor shall certify all surveyed dimensions and elevations. Page 3 of 15 1686 15. 16. 17. 18. 19. 20. 21. 22. Should any other regulatory agency require changes to the construction or operation of the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required. Changes requiting a modification to the Permit and/or this M0U shall not be made until approved by the SFWMD. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in COUNTY any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by COUNTY, or convey any rights or privileges other than those specified in the MOU and Chapter 40E-4 or Chapter 40E-40, Fla. Admin. Code. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related construction dewatering, if applicable, unless the work qualifies for a General Permit pursuant to subsection 40E-20.302(4), Fla. Admin. Code, also known as the "No Notice" rule. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities that may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the LASIP Emergency Structures authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the LASIP Emergency Structures or the real property on which the LASIP Emergency Structures are located. All transfers of ownership are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, Fla. Admin. Code. COUNTY shall remain liable for corrective actions that may be required as a result of any violations prior to the, sale, conveyance or other transfer of the property containing the LASIP Emergency Structures or the ownership or control of the LASIP Emergency Structures. Upon reasonable advance notice to COUNTY, SFWMD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the LAS'IP Emergency Structures to ensure their conformity with the plans and specifications authorized by the Permit. If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFWMD's West Palm Beach Service Center. COUNTY shall immediately notify the SFWMD's Environmental. Resource Compliance Department, in writing, of any previously submitted LASIP Emergency Structure information that is later discovered to have been inaccurate at the time of submission. Page 4 of 15 16 6 SFWMD RESPONSIBILITIES 23. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the LASIP Emergency Structures, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. 24. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation of the LASIP Emergency Structures. JOINT RESPONSIBILITIES 25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. 26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. SFWMD shall be the entity responsible for coordinating the meeting schedule. 27. COUNTY agrees that any future permit applications for construction and/or operation of the LASIP Emergency Structures shall be consistent with this MOU or the MOU may be modified accordingly. All future permit applications shall be consistent with the MOU including the following principles: All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff t~ be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of ihe LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity shall be Page 5 of 15 28. 29. 30. 31. 32. responsible for the remaining portions of the water management system within the boundaries of the private development. COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, "emergency" is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. COUNTY, as the operator of the LASIP Emergency Structures, has in its application, submitted an operation schedule that identifies the critical elevation that causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the conditions established by this MOU, SFWMD may require measures that render the LASIP Emergency Structure inoperable. If the measures required by SFWMD to render the LASIP Emergency Structure inoperable result in physical damage or impairment to the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse COUNTY for all costs associated to restore the LASIP Emergency Structure back to operable status after a mutually agreeable resolution of the improper usage has been established. ~ COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of the LASIP stormwater management system component water levels below control elevation for a period of time, such as a situation where, to minimize flooding, SFWMD is opening-its gates to lower canal water levels in anticipation of major rain events (e.g. tropical cyclones). In the absence of being able to get previous approval from the SFWMD and in such emergency circumstances, COUNTY may operate the LASIP Emergency Structures as it deems necessary during such emergency circumstances to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. The COUNTY has the authority to determine the appropriate water level that should be used during the use of the LASIP Emergency Structures in such emergency situations. The COUNTY shall notify the Page 6 of 15 1686 33. 34. 35. 36. 37. SFWMD within twenty-four (24) hours of the termination of such emergency conditions of any LASIP Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. MISCELLANEOUS PROVISIONS This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the LASIP Emergency Structures' operational parameters, physical modifications to LASIP Emergency Structures, or termination of the MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C., if any. In the event it is determined that operation of the LASIP Emergency Structures are causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E-4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Goveming Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable LASIP Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes. Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and th, subject Permit or applicable LASIP Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the LASIP Emergency Structure be removed, or (B) the LASIP Emergency Structure be modified to permanently prohibit usage by operation. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit-or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule 40E-4.301 or 40E-4.302, F.A.C. This MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the LASIP Emergency Structures between SFWMD and COUNTY, and may not be altered except as authori~,.ed in paragraph number 33 above. Page 7 of 15 16B 38. 39. 40. 41. 42. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings.is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their sub.~tantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must Page 8 of 15 686 substantially comply with the requirements of Rule 28-106.201(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petititm pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues 'an administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons Page 9 of 15 whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. Circuit Court 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15th Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. District Court of Appeal 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may s~ek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.1 I0 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Land and Water Adjudicatory Commission 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consiste'nt with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Page 10 of 15 16B6 Admin. Code, a request for review of(a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within I year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. Land Use and Environmental Dispute Resolution 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. Mediation 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: ,~ (1) The name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) A statement of the preliminary agency action; (3) An explanation of how the person's substantial interests will be affected by the ager~cy determination; and (4) A statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holdi.ng an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within.60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision Page 11 of 15 1686 have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Variances and Waivers 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) The caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) The applicable rule or portion of the rule; (e) The citation to the statue the rule is implementing; (f) The type of action requested; (g) The specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) A statement of whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates iodicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver ora SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28-104.004(2), Fla. Admin. Code, the petition must also include: a) The specific facts that make the situation an emergency; and - b) The specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 Initiation of Proceedings (Involving Disputed Issues of Material Fact) Page 12 of 15 (2) known; All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (0 A demand for relief. 28-106.301 Initiation of Proceedings (Not Involving Disputed Issues of Material Fact) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if (2) known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 Suspension, Revocation, Annulmen~ or Withdrawal (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.013Request for Review Pursuant to Section 373.114 or 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review wi~h the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this Page 13 of 15 1686 subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) The 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40e-1.611 Emergency Action (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Page 14 of 15 16 6 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFWMD this ATTEST: Day of ,2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY: BY: TONY BURNS Assistant Secretary LEGAL FORM APPROVED Nanle Title BY: FRANK S. BARTOLONE Senior Attorney Passed and approved by the Board of County Commissioners of Collier County, Florida, this Zr144x Day of ~04b, ,2003. ATTEST; ........... · .v'~, ~0 ~1, '%n ", D ' "I.E :BroCkS' ~ k 's signat~e only.) Approved as to form and legal sufficiency: Thom~ Q. Palmer, Assistant County Attorney COLLIER~TY~RIDA o BY: Tom He~~ 5.z'l.o~ . Page 15 of 15 PROJECT: PARCEL No: FOLIO No.' 51017 (Palm River Weir Access) Lot 44 65471720006 PURCHASE AGREEMENT THIS PURCHASE AGREEM~ENT (hereinafter,referred to, as the "Agreement") is made and entered into this ~ day of /v~ ~'~ 2003, by and between CHARLES B, SHIELDS, JR., a single man (hereinafter referred to as "Owner"), whose address is 436 Sharwood Drive, Naples, Florida 34110, and COLLIER COUNTY, a political subdivision of ~he State of Florida, its successors and assigns, whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "Purchaser"); ' WHEREAS, Purchaser requires a fee estate in that land described as Lot 44, Block A, of PALM RIVER ESTATES, UNIT NO. 7, according to the Plat thereof recorded in Plat Book 12, Pages 28 through 30, Public Records of Collier County, Florida (hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $90,000.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Purchase Agreement Purchase Agreement Page 2 16B7 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall r~ake a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement IN.~VITNESS WHEREOF, the parties hereto have this ~day of /~ t°r ~ ,2003. Page 3 16 ? executed this Agreement on AS TO PURCHASER: DATED: ATTES.T:,,',,~,,~, ~ BOARD OF COUNTY COMMISSIONERS DV~ ,i~,,'~ ,1~., ~~t~":Clerk COLLIER COUNTY, FLORIDA I~'.:"~~ · ' ' i~ i~ - AS TO OWNER: DATED: ~/5/~o~ Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) CHARLES B. SHIELDS, JR., a single man Approved as to form and legal sufficiency: Assistant County Attorney 16 8 MEMORANDUM Date: To: From: Re: May 28, 2003 Sharon Gilbert, Operations Coordinator Engineering and Construction Mgmt. Dept. Right-of-Way Acquisition Section Trish Morgan, Deputy Clerk Minutes & Records Department Purchase Agreements Project LASIP : Parcel No. 1-102 and 1-104 Please find enclosed one copy (total of 2)of each of the documents, as referenced above, (Agenda Item #16B8), as approved by the Board of County Commissioners on May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosure 16 8 PROJECT: LASlP PARCEL No: 1-102 FOLIO No: 00442800004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this I~ day of ~,~ ,2003, by and between ROY SHETTLEWOOD, 458 NW 82nd Terrace, Miami, Florida, and LENA RAY, 3254 Omusee Road, Dothan, Alabama, formerly husband and wife (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser via Warranty Deed for the sum of $9,000 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Warranty Deed to Purchaser in a form acceptable to Purchaser. Purchase Agreement 1688 Purchase Agreement Page 2 o 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Purchase Agreement 1688 Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ! ? day of /,9"/~ ,20 ~-'~.. Property acquisition approved by BCC pursuant to Executive Summary, Agenda Item No.: AS TO PURCHASER: DATED: ATTEST:. D,WI.G~TE. BROCK, Clerk !.;~'. ~ ::: ,'~J ,::Deput~/Clerk TOM HENNING, Chairman 5-Zq-05 AS TO OWNER: DATED: Witness (Signature) )~itness (~ai~Jre) N~me (Print or ~ype~ ROY- '-~'¢1 E~TLEWbO D Purchase Agreement 16fl8 Page 4 AS TO OWNER: DATED: ,~,~ Name (Print or Type) ~"~, ~,~,~ ~ Cc, ~i~n~ess (Signature) Name (Print or Type) LENA RAY (Formerly Lena Shettlewood) Approved as to form and legal~fficiency: ,,...~len T. Chadwell Assistant County Attorney PROJECT NAME: PARCEL NO.: PARENT TRACT FOLIO NO.: LASIP 1-102 00442800004 16B8 EXHIBIT "A" Commence at the West lA Comer of Section 32, Township 50 South, Range 26 East, Collier County, Florida; thence mn North 2 degrees 48'30" East along the West line of the Northwest ~4 of said Section 32 for a distance of 150.91 feet to a point; thence mn North 59 degrees 57'30" East for a distance of 98.59 feet to the POINT OF BEGINNING of the parcel of land hereinafter to be described; thence continue North 59 degrees 57'30" East for a distance of 150.00 feet to a point, thence mn S 30 degrees 02'30" East for a distance of 300.00 feet to a point, thence mn S 59 degrees 57'30" West for a distance of 150.00 feet to a point, thence run N 30 degrees 02'30" West for a distance of 300.00 feet to the POINT OF BEGINNING; subject to the Northerly 30.00 feet and to the Easterly 30.00 feet thereof for road right-of-way purposes; subject to the Southerly 60 feet thereof for drainage and canal purposes. PROJECT: LASIP PARCEL No: 1-104 FOLIO No: 00444040008 168 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~? day of ),1,l ~ , 2003, by and between ROY SHETTLEWOOD, 458 NW 82nd Terrace, Miami, Florida, and LENA RAY, 3254 Omusee Road, Dothan, Alabama, formerly husband and wife (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser via Warranty Deed for the sum of $12,750 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Warranty Deed to Purchaser in a form acceptable to Purchaser. Purchase Agreement Purchase Agreement Page 2 o 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising-out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) Purchase Agreement 16 8 Page 3 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1'7 day of g)4 a'~t// ,20 ~' ~. Property acquisition approved by BCC pursuant to Executive Summary, Agenda Item No.: ~. AS TO PURCHASER: DATED: ATTEST: DWIGHT '~li~OCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER~NT.~/~ORIDA , BY' .~~ 'TOM HENNIN~ ~-2q-fib AS TO OWNER: Witn, ,ss (Signature) Na~/)'(Pris' °r ~_P .) . ~ Iitness (Si./atLl~) Name (Print or Type) RO, y(.,S-R~.TTEE~rOOD- - . 16 8 Purchase Agreement Page 4 AS TO OWNER: DATED: ~ '~'l,,' ~b Witness (Signature)//'/ Name (Print or Type) Wii~iess (Signature) Name (Print or Type) LE~NA RA'~' I (Formerly Lena Shettlewood) Approved as to form and ~..sufficiency: ~llen T. Chadw~l Assistant County Attorney PROJECT NAME: PARCEL NO,: PARENT TRACT FOLIO NO,: LASIP 1-104 00444O4OOO8 EXHIBIT "A" That plot of ground partly in the Northwest ¼ of Section 32 and partly in the Southwest ¼ of Section 32, Township 50 South, Range 26 East, Collier County, Florida, more particularly described as follows: Commence at the West ¼ comer of Section 32, Township 50 South, Range 26 East, Collier County, Florida; thence mn North 2 degrees 48'30" East along the West line of the Northwest ¼ of said Section 32 for a distance of 150.91 feet to a point; thence mn North 59 degrees 57'39" East for a distance of 98.59 feet to a point; thence mn South 30 degrees 02'30" East for a distance of 300.00 feet to a point; thence mn South 59 degrees 57'30" West for a distance of 292.44 feet to a point on the West line of the Southwest ¼ of said Section 32; thence mn N2 degrees 50'30" East along the West line of the Southwest ¼ of said Section 32 for a distance of 206.29 feet to the POINT OF BEGINNING; subject to the Northerly 30.00 feet thereof for road right-of-way purposes; subject to the Southerly 60.00 feet thereof for drainage or canal purposes; subject to the West 60.00 feet thereof for drainage or canal purposes. 16B9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 MEMORANDUM ? Date: To: From: Re: May 28, 2003 Robert C. Wiley, P.E. Traffic Operations Manager Trish Morgan, Deputy Clerk Minutes & Records Department Resolution 2003-183 Implementation of School Zone Speed Limit Reductions to 20mph during Arrival and Dismissal Enclosed please find one copy of the document as referenced above (Agenda item #16B10), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank You. Enclosure Cc: Sheriff's office RESOLUTION NO. 2003- 18 3 16810 A RESOLUTION AUTHORIZING IMPLEMENTATION OF SCHOOL ZONE SPEED LIMIT REDUCTIONS TO 20 MPH DURING SCHOOL ARRIVAL AND DISMISSAL HOURS, AS POSTED ON SITE OR INDICATED BY FLASHING BEACONS, AT TWENTY-NINE LOCATIONS. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, the twenty-nine (29) locations listed in Attachment "A" fall under the jurisdiction of the BCC and have a normal speed limit in excess of twenty miles per hour (20 mph); and WHEREAS, in accordance with Sections 316.008, 316.189 and 316.1895, Florida Statutes, the BCC may alter such existing speed limits within school zones as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, in accordance with Section 316.1895, Florida Statutes, a school zone speed limit "may be in force only during those times thirty (30) minutes before, during, and thirty (30) minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a scheduled school session and leaving a regularly scheduled school session", and WHEREAS, the results of the County's engineering and traffic investigation indicate that a reduction of the existing school zone speed limits to twenty miles per hour (20 mph) is reasonable and safer under the conditions found to exist during the times that students are traveling to and from the schools served by the subject school zones, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1: The BCC does hereby establish a twenty miles per hour (20 mph) school zone speed limit at the twenty-nine (29) locations listed in Attachment "A" and does hereby direct the Collier County Transportation Operations Department to maintain appropriate school zone speed limit signs. The County may either post signs designating the applicable times for the school zone speed limit or post portable flashing beacons to inform motorists of the school zone and school zone speed limit in effect. SECTION 2: A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established school zone speed limit of twenty miles per hour (20 mph) at the twenty-nine (29) locations listed in Attachment "A". SECTION 3: The effective date of the reduced school zone speed limit shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this of 1IO4~ ,2003. ATTES¥:7 DwigHT .tg~C~.~. ler k le~~4~~', '~ - Assistant Collier County Attorney day BOARD OF C(~JdNTY COjMMISSIONERS COLLIER,~C?ISNTY ~,,,F~RIDA BY: ,._~ / ~1,~...~ 'h~.~d~ - TOM ~NN~G, ~air~n ~ ~ Attachment "A" to Resolution 2003-183 COLLIER COUNTY 20 MPH SCHOOL ZONES # School Served School Zone Location Normal Speed Limit (mph) 1 Avalon Elementary Thomason Dr. @ school entrance 30 2 East Naples Middle Estey Ave. in front of school 25 3 East Naples Middle Lakewood Blvd. on side of school 25 4 Shadowlawn Elementary Shadowlawn Dr. in front of school 25 5 Golden Gate Elementary 20th Place SW in front of school 25 6 Golden Gate Elementary 49th Street SW next to school 25 7 Golden Gate Elementary 49th Terrace SW @ 19th Place SW 25 8 Golden Gate Elementary Sunshine Blvd. @ 20th Place SW 25 9 Golden Gate Middle Tropicana Blvd. @ 26th Place SW 25 10 Golden Terrace Elementary Golden Gate Pkwy @ 44th St. SW 35 ! 1 Golden Terrace Elementary 27th Court SW next to school 25 12 Golden Terrace Elementary 26th Place SW next to school 25 13 Golden Terrace Elementary 44th Terrace SW next to school 25 14 Big Cypress Elementary Golden Gate Blvd. @ school entrance 45 15 Corkscrew Elem/Middle Oil Well Road @ school entrance 45 16 Gulf view Middle School Goodlette-Frank Road @ 5th Avenue North 30 17 Lake Park Elementary Goodlette Road @ 14th Ave. N 45 18 Naples Park Elementary 1 [ !th Ave. @ school entrance 35 19 Seagate Elementary Seagate Drive @ West Blvd. 35 20 Pelican Marsh Elementary Airport Road @ school entrance 45 21 Poinciana Elementary Southbound Airport Road from Poincianna 45 Drive to School Entrance Drive 22 Vineyards Elementary Vineyards Blvd. @ school entrance 35 23 Lake Trafford Elementary Lake Trafford Road @ N. 19th Street 30 24 Lake Trafford Elementary Lake Trafford Road @ school entrance 45 25 Highlands Elementary Lake Trafford Road in front of school 25 26 Pinecrest Elementary S. 9th St. @ school entrance 30 27 Bethune Elementary S. 5th Street in front of school 30 28 Immokalee Middle School Escambia Street @ Immokalee Drive 30 29 Immokalee Middle School N. 9th Street @ school entrance 30 MEMORANDUM 1602 Date: To: From: Re: May 28, 2003 Raymond E. Smith, Director Pollution Control & Prevention Dept. Trish Morgan, Deputy Clerk Minutes & Records Department Letter of Intent to the US Corps of Engineers RE: Ecosystem Restoration Project at Vanderbilt Lagoon, Naples Enclosed please find one copy of the document as referenced above (Agenda Item #16C2), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank You. Enclosure COLLIER COUNTY GOVERNMENT 16C2 PUBLIC UTILITIES DIVISION May27,2003 Colonel James G. May District Engineer, Jacksonville District U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32232-0019 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941) 732-2526 Dear Colonel May, The County of Collier, Florida, a pohtical subdivision of the state of Florida ("The local Sponsor"), is interested in cooperating with the U.S. Army Corps of Engineers to develop and implement an ecosystem restoration project at the Vanderbitt Lagoon pursuant to authority provided by Section 206 of the Water Resources Development Act of 1996, as amended. The intent of this project is to determine methodologies and implement solutions to improve the quality of water for ecosystem restoration in Vanderbilt Lagoon and the resulting impacts on surrounding emmrme ecosystems. Under Section 206 the Corps would perform an investigation, which would be conducted in two phases. The first phase is the Reconnaissance Study, to be funded by the Corps. This study would identify the problems and oppommities, and estimate the costs for a Feasibility Study. The second phase would be the Feasibility Study, which would develop possible solutions for Vanderbilt Lagoon, and estimate the cost for implementation. If it is found to be mutually feasible and advisable by The Corps and the County to implement an ecosystem restoration project, Collier County can provide thirty-five percent (35%) of the project's total costs, and provide all County owned lands, easements, rights-of-way, relocations and suitable dredged or excavated material disposal areas needed for the project. Also, Collier County will maintain and operate the project after completion, at no cost to the Government. · Commissioner District 3 Collier County Board of County Commission cc: Jim Duck, Chief, Planning Division, Jacksonville District, U.S. Army Corps of Engineers. Approved as to form and legal sufficiency ThOng... P~hv~s(~,nt County Attorney DvCi:.GI..FLE BROCE) C[/ERK ~ , ;' .',° , ;' , ..; DCTS3~ 200~ ~5:13 F~OM:CO. DATE: TO: FROM MANAGER'SOFFICE 19417744010 TEi~ 239 732 2574 P. OCT s ME,[dORANDU] ,, ,o .... Ray Smi~, Di~ Pollution Consol & ~evmtion Dep~nt lames D. Carter, Ph.D. Cor::,missioner, District 2 SUBJECT: Vanderbilt Lagoon Project I have worked wi~ representatives of the community and county staff to investigate the potential benefit o£this project. Attached is a letter of support from the Vanderbilt Beach Propert~ Owners Association and I hereby share my wholel~trted support this projoct, not onl~ ss County CommJssioner but also as a rcsldcnt o! District 2. Plesse k~eep me apprised of developments and any help that I c~. provide on tli~s initiative. Thank you. JDC/tlm Jam~ V. Mudd, County Manager/ James W. DeLony, Public Utilities Division Administrator ,Board of Cotmty Commissioners Frank Halas, President, Vauderbilt Beach Property Owngrs Association. P.O. Box 771330 phone: 239-594-2177 Naples, FL 34107-1330 April 15, 2003 Mr. Ray Smith, Director Pollution Control & Prevention Department 3301 East Tamiami Trail Naples, FL 34112 Re: Vanderbilt Lagoon Dear Mr. Smith: .< r.,? As President of Vanderbilt Beach Property Owners Association I am sending another letter fi:om our organization at the request of Bruce Gray, Director of VBPOA. You have in your possession a letter sent by our former VBPOA President Frank Halas and also Dick Lydon, Chairman of the MSTU. We are all in agreemem for the US Army Corps of Engineers to conduct a study of the waters in our area. We are not seeing the fish jump like they used to, nor have we seen the Manatees this year. Something is very wrong with the water. I have enclosed pictures of dead fish in the caned behind our home. This has happen more than once in the past few years. Please consider submitting the "Letter of Intent" to the Corps, so we can begin the process of cleaning-up our water. Thank you for your support in this matter. If you have any questions you can reach me at the above number. Sincerely, B. J. Savard-Boyer, President Vanderbilt Beach Property Owners Association Cc: Collier County Commissioners: Halas, Fiala, Coyle, Colletta, Henning James V. Mudd, P.E. County Manager James W. DeLony, P.E. Administrator Public Utilities Division 1602 COIJ, R COUNTY GOVERNMENT Pelic~ Bay Services Division 801 laurel Oak Drive · Suite 605 ° Naples, Florida 34108 · (239) 597-1749 ° F~x (239) 597-4502 April 3, 2003 Mr. Ray Smith, Director Pollution Control & Prevention Department 3301 East Tamiami Trail Naples, Florida 34112 RE: Vanderbilt Lagoon Project Dear Mr. Smith: Pursuant to your letter of March 31, 2003 to Mr. David Roellig of the Pelican Bay Services Division Advisory Board, please find attached a copy of a letter that was sent to the Board of County Commissioners in December addressing the issue of a Vanderbilt Lagoon Project. I trust this letter will satisfy your request and if you have any further questions, please contact my office. Yours sincerely, ..~ELICAN BAY S~RVICES DIVISION //J~mes P. Ward ::'" Division Administrator COLLAR COUNTY GOVERNMENT 16C2 Pelican Bay Services Division 801 Laurel Oak Drive · Suite 605 · Naples, Florida 34108 ° (239) 597-1749 · Fax (239) 597-4502 December 11,2002 The Honorable James Coletta, Chairman Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Coletta: This letter is in response to the concems expressed by the residents of the Vanderbilt Lagoon area concerning perceived water quality problems in the Lagoon. These concerns were discussed at an October 7, 2002 meeting called by Commissioner Carter. The Pelican Bay Services Division Board concurs with the request of our Vanderbilt neighbors for the Collier County Board of County Commissioners to act as the non-Federal sponsor for a proposed Vanderbilt Lagoon ecosystem restoration project by the U.S. Army Corps of Engineers under the authority of Section 206 of the. Water Resources Act of 1996. Yours sincere, Lou Vlasho, Chairman Pelican Bay Services Division Board cc: James Mudd, Collier County Manager James DeLony, P.E. Administrator Public Utilities Division Ray Smith, Director Collier County Pollution Control & Prevention James P. Ward, Division Administrator Pelican Bay Services Division VANDERBILT BEACH AND BAY ASSOCIATION P.O. BOX 770823 NAPLES, FL. 34107 16 C 2 April 26, 2003 ?OLL. l;(,;i: i'i. !.V. DEPT. Re: Vanderbilt Lagoon Dear Commissioners: As you know, since flae 1990's local residents have raised concerns related to the poor water quality within Vanderbilt Lagoon, located west of Naples Park. It is our understanding that under Section 206 of the Water Resource Act of 1996 Collie County can enter into a group cost share project with the Army Corps of Engineers. The potential participation of the Army Corp of Enginecrs may provide up to $5,000,000, however, availability of federal funds is currently unknown. Under Section 206 a Reconnaissance Study would be performed by the Corps, which will identify the problem, proposed solutions and an estimated cost. If the County elects not to proceed after the Study, the Corps will pay all associated costs. If the Count)' elects to continue by signing a Project Cooperation Agreement with the Corp, a 35% (County)/65% (Corps) cost share split of up to $5,000,000, includin8 all work conducted to date will occur. Any additional cost above the $5,000,000 that the Corps pays will be the responsibility of Collier County. It would be our suggestion that at this point the County would ask local associations for their input whether to continue or discontinue the project and how to fund the project if it is continued. It is our understanding that the Board of County Commissioners must submit a "Letter of Intent" indicating an interest to act as the non-federal sponsor for a proposed ecosystem restoration project to the Army Corps of Engineers for their review. If approved, the Corps will conduct a Reconnaissance Study that will result in the preparation of a Preliminary Restoration Plan that identified the problem, proposed solutions and an estimated cost. We strongly request that you consider submitting the "Letter of Intent" to the Corps, so we can begin the process of reestablishing the water quality of Vanderbilt Lagoon. Your support and attention to this matter is greatly appreciated. I had written a letter similar to this back in the Fall of 2002 but it apparently never reached anyone so I apologize for the delay for this request. If you need to contact me I can be reached at 597-9503. Sincerely, Carol Wright, Director Vanderbilt Beach and Bay Association (VBBA) c: James Mudd, County Manager James Delony, Administrator Public Utilities Division Ray Smith, Director Pollution Control Dept. file: Vanderbiit Lagoon MEMORANDUM Date: May 28, 2003 To: Mary Cornelisse, Operations Supervisor Pollution Control & Prevention Dept. From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Amendment No. 1 to Agreement No. C-12250-A1 Enclosed please find two (2) original documents as referenced above, Agenda Item #16C3, as approved by the Board of County Commissioners on Tuesday, May 27, 2003. Please forward the documents to the South Florida Water Management District for the required signatures. Once executed, please return a fully-executed original back to the Minutes & Records Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure ORIGINAL O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-12250-A1 16C3 AMENDMENT NO. 1 TO AGREEMENT NO. C-12250 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA This AMENDMENT NO. 1, entered into.on ,,-- ,v'~u4- 2q f 2.00~ , to that AGREEMENT dated December 14, 2000, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County, Florida (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend,the AGREEMENT in order to increase funding of the AGREEMENT and amend the Statement of Work; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The monetary consideration for the AGREEMENT is hereby increased by an amount not-to-exceed Forty Thousand Dollars and No Cents ($40,000.00), for a total revised AGREEMENT amount not-to-exceed Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00). Article 2.2 of the AGREEMENT is hereby revised to read as follo~vs: "The amount expended under this AGREEMENT for the DISTRICT'S Fiscal Year ending September 30, 2003 shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). Amendment No. 1 to Agreement No. C- 12250--Page I of 2 16C SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT The Statement of Work, attached as Exhibit "C" to the AGREEMENT is hereby revised as set forth in Exhibit "CI", attached hereto and made a part of this AMENDMENT NO. 1. o The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "DI", attached hereto and made a part of this AMENDMENT NO. 1. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WH:EREOF? the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Procurement Director SIh'~t/1VID PROCUREMENT APPROVED By: Date: COLLIER COUNTY, FLORIDA By: ~~rt.._~ ' Tom Henn±ng,~ Title:Oha±rman of the Board of' County Commissioners Approved as to form & legal sufficiency Assistant County Attorney Amendment No. I to Agreement No. C- 12250 -- Page 2 of 2 EXHIBIT "CI" STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY 1.0 INTRODUCTION The purpose of this Amendment between the South Florida Water Management District (District) and Collier County Pollution Control (County) is to update the station and parameter lists for this monitoring program, to eliminate discrepancies between the County's and the District's quality assurance and quality control requirements, to establish annual reporting requirements and to provide additional funds to the County that will allow the total funds allotted to more accurately reflect a true cost share agreement. This Amendment details the collection and analysis of an additional ten (10) monitoring locations, bringing the total number of program sites to fifty three (53). The monitoring program detailed in this Amendment provides data used in the development of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of Collier County,' and is also being used to investigate effects of stormwater runoff from the city of Immokalee on the Lake Trafford Environmental Restoration project. 2.0 OB~IECTIVES The primary objectives of this Agreement are to 1) continue to obtain data of acceptable quality to evaluate the water resources within the Big Cypress Basin and the coastal waters of Collier County; 2) partner with a local government to execute a routine regional monitoring effort; 3) reduce District monitoring and laboratory work loads; and 4) allow for the redirection of staff to additional legislatively mandated projects. 3.0 SCOPE OF WORK The County will continue to collect and analyze surface water samples from forty-three (43) stations within the Big Cypress Basin's inland and estuarine systems on a monthly basis. Additionally, five (5) sites within the Fakahatc~hee Strand and the Corkscrew Swamp area will be sampled four times per year. These 48 sites are part of the Collier County Water Quality Project (CCWQ). The County will also perform monthly sampling of five (5) newly registered sites at designated stormwater outfalls within the City of Immokalee. These five sites will provide data to support the development of a watershed management plan to protect Lake Trafford and will also provide a baseline for the quantification of specific parameters identified in the Immokalee Stormwater Master Plan. The five Immokalee stations are registered under project IMKS. The location descriptions, GPS coordinates and sampling frequencies for all sites are given in Table I. Sampling requirements for this agreement are project specific and have been revised to reflect the most current needs of these two programs. The required laboratory parameters are listed in Table II. Page I of 12, Agreement No. C-12250-A01 16C 4.0 WORK BREAKDOWN STRUCTURE Task 1. Surface Water Quality Field Measurements Surface and bottom measurements of pH, dissolved oxygen, salinity, specific conductance, and temperature will be measured at all CCWQ sites. Surface and bottom measurements are taken only if the water depth exceeds 1.5 meters. At sites with water depths less than 1.5 meters, only the surface readings for pH, dissolved oxygen, salinity, specific conductance and temperature are to be collected. Surface measurements for pH, dissolved oxygen, specific conductance, and temperature will be measured monthly at the five IMKS sites. Secchi depth, sample depth and total depth will also be recorded for all sites (projects CCWQ and IMKS). Stage recordings (staff gage readings) will be noted for sites where this instrumentation is available. Task 2. Surface Water Sample Collection and Analyses The County will collect surface samples from the 53 sites at the sampling frequencies listed in Table I. Project specific requirements for surface water sample collections of physical variables, nutrients, major ions, trace metals, and biological parameters, as well as, the methods and minimum detection limits for all laboratory parameters are given in Table 1I. Sampling and analysis will be performed as described in the County's ComQAP (or Quality Manual). Task 3. Documentation All documentation must be neat, complete and organized so as to allow reconstruction of both the sampling and analysis event. Documentation must be maintained according to FAC 62-160. Copies of the following documents must be supplied to the District with each quarterly report: · Header Sheets (Chain of Custody Sheets) · Field Log Book Notes · Laboratory Calibration Data · QA/QC Report - includes results for precision and accuracy method blanks, matrix spikes, and continuing calibration verification samples. Task 4. General Quality Control/Quality Assurance (QA/QC) Requirements The County will ensure that all laboratories performing analyses for this Agreement are accredited through the National Environmental Laboratory Accreditation Program (NELAP). or certified by the Florida Department of Health (FDOH). The laboratories must have a current quality manual that follows the National Environmental Laboratory Accreditation Conference (NELAC) guidelines or a current Comprehensive Quality Assurance Plan (COMQAP). The County must notify the District Project Manager immediately if a laboratory used for this Agreement loses certification for any parameter(s) analyzed for the District. The District may audit analytical methods, field sampling protocols and quality assurance/quality control procedures. The County laboratory will participate in round robin and certification laboratory exercises at the District's request. The County must provide the District with results Page 2 of 12, Agreement No. C-12250-A01 of all performance evaluation and round robin studies in which it participated. The County should also participate in the District's performance evaluation studies, including low level nutrient analysis. All results are to be reported to the District Project Manager. The District may discontinue the use of the County lab or any labs used for this Agreement if they show unacceptable performance on these blind or round robin studies. The District may also ask for MDL studies and QC charts during the duration of the contract. The County may not change the method without prior written approval from the District. If the County's proposed method is not listed in the approved CompQAP (or Quality Manual), the County must provide a DEP approved Method Validation package for each method. The minimum quality control requirements for all tests are those specified in the County's CompQAP (or Quality Manual), unless specified as otherwise by the District. The qualification of data will be based on the limits set in the County's CompQAP (or Quality Manual) and those criteria specified below: · Data that are between the MDL and the Practical Quantitation Limit (PQL) should be qualified by the County with an (I). · For any results > PQL, the dissolved results should not be > 120% of the total for: Ortho P and TP or NH3 -r~ and TKN. · Verify that the method blank recoveries are <MDL. If not, qualify data results with concentrations falling between the PQL and MDL with a (J3). · Verify that all samples are prepared and analyzed by the EPA holding time. Qualify any data where holding times are exceeded with a (Q). · Verify that field quality control samples (EB, FCEB, etc.) are <MDL. Blanks that do not pass this criteria are confirmed through rework and if confirmed, data for the blank and associated samples that may be affected are flagged. Values are generally considered affected if they are less than (<) 5x the blank value. · Calibration of instruments must be bracketed around expected sample concentrations. The lowest calibration standard must be no more than 2xMDL. The highest calibration standard must not be at a level that would either be so high as to decrease sensitivity in the analysis or too low that it would necessitate dilution of a large number of samples. The County shall provide all data associated with analyses. The District may refuse payment for data that does not meet the County's or District/FDEP quality assurance/quality control criteria. Task 5. Data Transfer Data for both projects (CCWQ and IMKS) will be submitted to the district in the electronic format specified below. Data will be submitted to District Project and Research Managers by within 60 days of the end of the reporting period (e.g. data for January-March would be due by May 31). All data submittals must conform to the guidelines for formats given in Appendix A. Task 6. Reporting Quarterly reports for data collected for projects CCWQ will be submitted within 60 days of the end of the reporting period (e.g. data for the months of January, February and March will be Page 3 of 12, Agreement No. C-12250-A01 16 3 submitted by May 31). Quarterly reports will include the following: 1) identify activities undertaken during the reporting period, 2) state any problems encountered, 3) attest to the validity of the data, and 4) include all quality assurance statistics and reports (i.e. the results of field blanks, equipment blanks and precision as percent relative standard deviation). The County will also submit copies of all field notes taken for Projects CCWQ and IMKS during each quarterly reporting period. The County shall submit an annual calendar year report detailing the data collected in support of the Collier County Water Quality Monitoring Project (CCWQ). The annual report shall be provided as a document on CD-ROM. The annual report will be due by March 15 of each calendar year (the first report will be due March 15, 2004). This report shall, at a minimum, include/discuss the following information: Project Background (or Introduction) · Description of the monitoring area by basin · Historical information · Purpose of monitoring project · Period covered by report · Include a map of study area with monitoring stations (SFWMD will supply) II. Methods mo Bo Field Sampling - General protocols can be referenced back to Collier County's Field SOP. · In Table Format: List the dates of monitoring for each station · Procedures for collecting in situ (field) measurements and which parameters were measured in the field (i.e., temperature, salinity, pH, dissolved oxygen, pH, etc.), include: make and model of instrument used to collect these field measurements · Water quality samples collected for laboratory analysis; include: how the water samples were collected (if collected via a sampler [i.e., Van Dom, Niskin or Alpha bottles] include type and capacity of sampler); · Reference the type of documentation required for each sampling trip: e.gr Sample characteristics and Climatological observations made during each monitoring event (i.e., air temperature, percent cloud cover, wind speed and direction, rainfall, tide, etc.) Laboratory Analyses · In Table Format, give the analytical methods used for each parameter, type and make of analytical instrument used, and method detection limit (MDL) (if MDL changed during the monitoring year, list value and date of the changed MDL). · Summarize QA/QC information for monitoring period. 12. Aereement No C-I?9q~-At31. 16 3 III. Co Monitoring Problems · In Table format, specify any monitoring problems that may have occurred during the course of the monitoring year (Station/Date/Reason). Monitoring problems can be (and are not limited to) inclement weather (i.e., tropical storms and hurricanes), equipment failures, scheduling problems, etc. Also include how these problems were resolved and what steps have been taken (with the exception of climatological events) to ensure that these problems are not repeated. D. Data Management/Statistical AnalYses · Data used for this report (including the period of record) will be downloaded from the District's DBHYDRO database · Discuss/reference the qa/qc of data and its transfer to the District · Discuss any statistical analyses performed on data · List statistical packages (i.e. software) used to analyses of the data · Discuss method for computing WSI and TSI Results and Discussion IV. V. A. Climatological and Hydrological Information · General Summary of rainfall data for the study area. This data can be obtained from a variety of sources: SFWMD, NOAA, USGS, etc. · Summary of monthly freshwater inflow to Naples Bay, Faka Union Bay, Rookery Bay and the Cocohatchee River (Data to be made available from SFWMD). Short and Long Term Trends ·Discuss and identify any short- (annual) and long-term (period of record = 10/00-12/02) trends in water quality observed for the monitoring basins (at a minimum salinity, chlorophyll a, total nitrogen and total phosphorus shall be discussed). Relate water quality to land use on a basin level, where appropriate. · Discuss any effects of climatological and hydrologic events on trends during the reporting period (major rainfall events, storms, drought, etc.), · Discuss the performance of the major water bodies in relation to State Water Quality standards for the primary parameters. Inter-parameter Relationships ·Discuss Basin Results for WQI and TSI over reporting year. Discuss any observed relationships between water quality parameters. (e.g. TN:TP, TOC:TON, Salinity:TOC, Chlorophyll a:TOC, etc.) References Appendices: A. Raw Water Quality Data for Monitoring Year - electronic B. An electronically scanned copy of all field notes for the reporting period 5.0 CONTINGENCIES The County shall make every effort to complete all tasks as described. However, it is recognized that weather conditions, equipment failures and site conditions can influence sampling programs and that samples may be missed due to inclement weather or unforeseen unsafe working conditions. The County shall notify the District Project Manager of any problems that occur to inhibit the collection or analysis of water quality data required for this Agreement. The District may amend this contract for a time extension in the event of a natural disaster or major storm. Expedient monitoring may be requested during or after unusual weather events that may affect water-related resources. While every effort will be made to accommodate such requests, unscheduled monitoring will be conducted based on County staff availability and it is understood that some requests may not be fulfilled. Table 1: Station list and GPS coordinates for sites sampled under the CCWQ and IMKS monitoring projects. Project Station~ame, DescriptiOn ' ~, ',' .; ~i , ' ,,. , :i~ i.~ .... Frequency]Latitu~.? :i l.Longitude CCWQ BARRIVN Offdock at SheriWs substation on corner of US 41 and Monthly 255435.2 812148.5 CR 29 CCWQ BCI Channel marker 38 inNaples Bay Monthly 260802.8 814825.7 CCWQ BCI0 Faka Union Canal at intersection of 1-75 (FAKAUC75) Monthly 260611.3 810308.4 CCWQ BCII Merrin Canal at intersection ofi-75 Monthly 260912.6 812926.3 CCWQ BC12 Prairie Canal at the endof82nd Ave. S.E. Monthly 260031.8 812729.2 CCWQ BC13 Downstream of weir in Immokalee Rd. Canal west of Monthly 261623.1 814647.6 Palm River Blvd. ,' CCWQ BCI4 Immokalee Rd. Canal at intersection of Palm River Monthly 261621.6 814642.0 Blvd. CCWQ BC15 AirportRd. Canal at entrance to Sam's Club Monthly 261615.9 814609.9 CCWQ BCI6 Bridge #84 on US 41E Monthly 250519.6 811542.2 CCWQ BC17 Bridge g86 on US 41E Monthly 255235.0 811304.'1 CCWQ BCI8 Bridge #73 onUS 41E Monthly 255507.2 812327.5 CCWQ !BCI9 Bridge#69 on US 41E Monthly 255537.1 812503.5 CCWQ BC2 Just inside the mouth of Rock Creek Monthly 260827.4 814706.5 'CCWQ BC20 Bridge #52 on US 41E Monthly 255739.7 813059.9 CCWQ BC21 Bridge#55 on US 41E (TAMBR55) Monthly 25'5737.7 813000.8 CCWQ BC22 Gauging Station North of intersection of US41 and Monthly 260325.6 814102.2 Henderson Creek (HENDCRK) CCWQ BC23 Bridge at intersection of Main Golden Gate Canal and Monthly 261013.2 814112.3 CR951 (GGCAT951) CCWQ BC24 Bridge#30211 on SR 29 approx. 3.1 miles north of I- Monthly 261212.7 812047.3 75 Pa~e 6of ~ 2, Am'eement No. C- 1275fl- Afl 1 16C3 CCWQ BC25 Bridge just east of Oil Well Grade Rd. on CR 858 in Monthly 261738.3 812845.9 Camp Keais Strand CCWQ BC3 Gordon River Ext. at mouth of canal leading to Main Monthly 260947.8 814711.5 Post Office CCWQ BC4 Downstream. weir in Golden Gate Canal across from Monthly 261004.0 !814632.7 Bear's Paw Country Club CCWQ BC5 Bridge at intersection of Haldeman Creek and Monthly 260731.3 814613.3 Bayshore Dr. CCWQ BC6 Downstream of weir in Henderson Creek south of US iMonthly 260324.0 814123.5 41E CCWQ BC7 Faka Union Canal at west bend of T .... Monthly 255933.9 813118.5 ~CCWQ BC8 Merritt Canal ateast bend OfT .... Monthly 250505.8 812925.8 CCWQ BC9 Miller Canal at intersection ofi-75 Monthly 260911.4 813318.9 CCWQ COCAT41 Cocohatchee River at US 41 Monthly 261605.7 814806.8 CCWQ COCEOF31 Cocohatchee canal at S.R. 846, 1/2 mileeast of S.R. 31 Monthly 261621.3 814647.3 CCWQ COCPALM Bridge at intersection of PalmRiver Drive and Monthly 260140.0 814641.0 Coconut Palm River CCWQ CORK@846 Bridge at intersectionofCorkscrew Canal andCR846 !Monthly 261640.7 813603.7 CCWQ CHKMATE Middle of Checkmate Pond Fakahatchee Strand Quarterly 260837.0 812321.4 CCWQ CORKN Bridge S. of USGS gauge n on tram rd. to Little Quarterly 262945.5 812713.9 Corkscrew Isl. in Sanctuary CCWQ CORKS Southern most bridge on tram road in Corkscrew Quarterly 26.35366 81.61880 Swamp Sanctuary CCWQ CORKSCRD Bridge at intersection of Corkscrew Rd. and canal Quarterly 26.49581 81.52881 northeast of Corkscrew Marsh Trailhead CCWQ CORKSW Canal along tram road at southwest corner of Quarterly 26.35596 81.64131 Corkscrew Swamp Sanctuary CCWQ ECOCORIV East branch of Cocohatchee River at S.R. 846 near Monthly 261620.3 814702.3 Palm River ,~ CCWQ FAKA Gauging station north of weir at the intersection of Monthly 255737.8 '813034.2 US41 and Faka Union Canal CCWQ FAKA858 South side of bridge at Faka Union Canal and CR858 Monthly 261734.4 813146.7 CCWQ FAKAUPOI Faka-Union Canal at entrance to Port of the Islands Monthly 255721.4 813037.8 Marina CCWQ GATOR North side of bridge 105 on US41 East 'Monthly 255035.1 805503.7 CCWQ GGC@858 Bridge at intersection of Golden Gate Canal and Monthly 261736.0 813342.3 CR858 CCWQ GCK2AT31 Bridge at intersection of Airport Rd and Golden Gate Monthly 261004.3 814602.3 Canal CCWQ HALDCRK Upstream of amil gate at intersection of US41 and Monthly 26/)044.5 814545.5 Haldeman Creek CCWQ LELY Bridge at intersection of US41 and Lely Main Canal Monthly, 262119.3 814442.3 CCWQ MONROE Bridge 30096 at intersection of US41 and Loop Road Monthly 255148.9 810604.2 CCWQ OKALA858 'Okaloacoochee Slough crossing on CR 858 Monthly 261817.4 811731.4 CCWQ TAMBR90 Bridge 30090 on US41E Monthly 255220.0 810107.5 IMKS IMKFSHCK Bridge at intersection ofFish Creek and Lake Trafford Monthly 262559.98 812745.36 Rd. IMKS IMK6STS Second culvert south of Main St. on 6th St. South, Monthly 262503.91 812519.70 Immokalee, FL IMKS IMKMAD Culvert prior to entrance of Gopher Ridge Grove at the Monthly 262548.99 812440.81 end of Alachua Rd. IMKS IMKBRN First bridge over canal on US29 south of the Monthly 262432.57 812352.24 convergence of northwest and north drainage canals on the southeast end of Immokalee IMKS IMKSLGH Culvert located on Sanitation Rd. approximately 1/4 Monthly 262423.60 812545.33 mile southwest of Immokalee Water and Sewer District access ~ate Table lI. Laboratory parameter list reporting requirements for the Collier County Water Quality Project (CCWQ) and the Immokalee Stormwater Project (IMKS). Ammonia EPA 350.3 0.01 mg/l Monthly Monthly Color EPA 110.2 5 pcu Monthly Monthly Dissolved Inorganic Nitrogen Calculated D.01 mg/l Monthly (DIN) (NO~ '~ + NH4 '~ ) Hardness SM 2340 B 1.0 mg/1 Monthly Monthly Nitrate Calculated 0.01 m~l Monthly (NO~ .fa _ NO2) Nitrite SM 4500 NO2 B 0.002 mg/l Monthly NOx SM 4500 NO3 E 0.01 mg/i Monthly Monthly Ortho Phosphorus SM 4500 PE 0.004 mg/l Monthly Total Dissolved Solids SM2540C 1.0 mg/l Monthly Total Kjeldahl Nitrogen EPA 351.2 0.24 mg/1 Monthly Monthly Total Nitrogen (TN) Calculated ~ 0.24 mg/l Monthly (TKN+ NO~) Total Organic Nitrogen Calculated 0.24 mg/l Monthly (TN - DIN) Total Organic Carbon EPA 415.1 0.32 mg/l Monthly Total Phosphorus ,SM 4500 PE 10.004 mg/1 Monthly Monthly Total Suspended Solids SM 2540 D 2.0 rog/1 Monthly Monthly Turbidity SM 2130 B 0.10 NTU Monthly Monthly Ehlorophyll-a SM 10200 H 3.0 mg/m3 Monthly Phaeophytin SM 10200 H 3.0 mg/m3 Monthly :Fecal Coliform SM 9222 D I cfu/100 mi Monthly Total Coliform SM 9222 B I cfu/100ml Monthly Alkalinity SM 2320 B 1.0 mg/l Quarterly Calcium SM 3111 B 0.08 mg/l Quarterly ' Chloride SM 4500 CI-C 1.0 mg/l Quarterly Fluoride SM 4500 F-C 0.05 mg/l Quarterly Magnesium SM 3111 B 0.007 mg/l iQuarterly Silica, Dissolved SM 4500Si-D 0.1 mg/l Quarterly Monthly Sulfate EPA 375.4 1.0 mg/l Quarterly Monthly 16C3 Arsenic SM 3113 B 1.0 ug/1 Quarterly Monthly Cadmium SM 3113 B 0.1 ug/1 Quarterly Chromium SM 3113 B 2.0 ug/l IQuarterly Monthly Copper SM 3113 B 1.0 ug/l Quarterly Monthly Iron SM 3111 B 120 ug/1 Quarterly ~Lead SM 3113 B 1.0 ug/l Quarterly Monthly Zinc SM 3111 B 20 ug/1 Quarterly Monthly 16 3 APPENDIX A: 1) 2) 3) 4) 5) 6) 7) Data files must be transferred electronically to District Project Manager using a consistent file naming convention, e.g. XXX-20011201-1.CSV (laboratory name + date (YYYYMMDD)+ sequence number). Data must be submitted on IBM formatted 3 1/2" diskettes or CD-ROM or e-mail or transferred to an externally accessible District UNIX workstation using FTP. All data files will be submitted in ASCII comma delimited format. Character fields that may contain commas will be enclosed by quotation marks. The Contractor will report all required fields in the data file, in the order in which they appear as described in the table below. Files will not be accepted with missing information. All field positions are required. If there is no value for a field, a comma will still be placed in the file to represent that position. For example: Fieldl,Field2,,Field4 .... Field3 has no value but the position is still represented by having two commas. Data files must be separated by data type, e.g., inorganic versus organic. Contractor shall not report any data for missing results (0, -99, or blank). Files are to be of ASCII type in a comma delimited format. The fields and the required order are described below. Lab (LIMS) Number * 1 to 13 characters L2555-20 Field Number * I to 13 characters P1233-3 Project code * 1 to 8 characters MBLS Sampling Date * 8 digits YYYYMMDD 20000119 Sampling Time * ¢ digits, rHHMM (Military) 1305 Station Code * 1 to 10 characters MBLS 18 Sample Type 1 to 10 characters (Laboratory QC samples SAMP, EB, FB would be identify here) Program Type 1 to 4 characters MON, EX? Collect Method · to 4 characters G, ACF, ACT Matrix 1 to 4 characters SW, GW, BFI Sampling Depth (m) * 1 to 4 digits 0.5 Parameter Name * I to 30 characters TPO4, TKN, OPO4 Storet Code 5 digits. If code is <5 digits, then leading zeros must be used 665 Method Name I to 20 characters (EPA or EPA accepted SOP #) SM4500PF Analysis Date * 8 digits YYYYMMDD 20000120 Analysis Time * 4 digits HHMM (Military) 1400 Practical Quantitative Limit 9 digits total, 4 decimals (F9.4) 0.016 Pap2~LDJ~.LExhibit "DI" m a ....... , lqr~ ~.122_¢~an~ 16C Method Detection Limit * 9 digits total, 4 decimals (F9.4) 0.004 9 digits total, 4 decimals. For result values Result * that are below detection limits, the result value will equal negative MDL and the 0.05 remark code will be U. Units * I to 8 characters mg/L Batch I to 13 characters used to link sample with laboratory QC submitted I0 or WG100 Remark Code 1 to 3 Characters ( as specified in District U ... flagging criteria documentation ) 1 to 240 characters (no commas in between Large amount of Comments comments) Laboratory QC samples will use suspended solids in this field to indicate the original sample spike the sample or duplicate. Permissible Codes for fields listed above: SAMPLE TYPE: Describes the kind of sample. Valid codes are as follows: Regular Samples .EB Equipment Blank FCEB Field Cleaned Equipment Blank FB Field Blank FI) Field Duplicate RS Replicate Sample SS Split Sample SAMP Regular Samples QC Laboratory Samples (Based on agreed protocol for Laboratory) Blank STD QC ~' MS MSD LCCV PROGRAM TYPE: MON EXP COLLECT METHOD: Described monitoring versus experimental samples. Valid codes are as follows: Monitoring Program Experimental Program How the sample was collected. Valid codes are as follows: ACF ACT ADF ADT CDI CWI CXI Auto-Sampler Composite Flow Proportional Auto-Sampler Composite Time Proportional Auto-Sampler Discreet Flow Proportional Auto-Sampler Discreet Time Proportional Composite Depth Integrated Composite Width Integrated Composite Cross Section Integrated 16 3 MATRIX: CSI G GB GP BLK WET DRY FP Composite Site Integrated - Sediment/Soil Only Grab Grab Bailer Grab Pump Bulk Wet (Atmospheric Deposition/Rain) Dry (Atmospheric Deposition/Rain) Field Parameters (In Situ Measurements, No sample) Described the type of material being sampled. Valid codes are as follows: SE Sediment SO Soil GW Groundwater SW Surface Water RA Atmospheric Deposition (Rain) SA Saline BPL Biological - Plant 16 3 EXHIBIT "DI" PAYMENT AND DELIVERABLE SCHEDULE The County shall invoice the District on a quarterly basis. All invoices will list the deliverables submitted to the District during the quarterly reporting period. Upon receipt and/or documentation of completion and acceptance of deliverables by the District, the District agrees to pay the County as specified below. Payment will be contingent upon delivery and District acceptance of all products due within the invoice period. Task Deliverable Description Due Date FY2003 Payments Task 1 Collect monthly field measurements at (53) $5,140.00 monitoring sites for Projects CCWQ and ($1,285.00 per IMKS located within Collier County. Monthly quarter) Task 2 Collect monthly and quarterly surface water quality samples at (53) monitoring sites for Monthly/ $15,425.00 Project CCWQ and IMKS located within Quarterly (CCWQ) ($3,856.25 per Collier County. quarter) Analyze surface water quality samples for the $42,000.00 parameters specified in this Agreement for ($10,500.00 per (53) monitoring stations. Monthly/Quarterly q~a_rter) Task 3 Ensure all data meet the quality control / quality assurance requirement detailed in this $11,660.00 agreement. Perform QA reviews of data as ($2,915.00 per specified in this Agreement. Quarterly quarter) "Task 5 Submit data in the required electronic format Quarterly and submit copies of all field notes to the (Within 60 days $5,615.00 District Project Manager. of the end of the ($1,403.75 per reporting period) quarter) Task 6 Submit quarterly progress reportg to the Quarterly District Project Manager. (Within 60 days of $11,660.00 the end of the ($2,915.00 per reporting period) qu_a_rter) Submit a comprehensive annual report in the Due Annually on format detailed in this Agreement to the March 31st for the $8,50~.00 District Project Manager. previous year's ($2,125.00 per data (January- quarter) December) Total Quarterly Payments $25,000.00 TOTAL YEARLY PAYMENT NOT-TO-EXCEED $100,000.00 Pape~ I cfi ! T~xhihit "1-)1" tr~ Ar,~'~m~nt h~r~ t~-199~Fl-At~! 16C6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 16D1 MEMORANDUM Date: To: From: Re: May 28, 2003 Amanda Townsend Parks and Recreation Trish Morgan, Deputy Clerk Minutes & Records Department Memorandum of Agreement w/District School Board of Collier Co. For Use of School Cafeterias in Conjunction w/Summer Food Service Program Enclosed please find one (1) original document as referenced above (Agenda Item #16D1), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures MEMORANDUM OF AGREEMENT 1601 COLLIER COUNTY PARKS & RECREATION DEPARTMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (Schools), whose address is 5775 Osceola Trail, Naples, Florida 34109, agrees to furnish Naples High School, Everglades School, and Village Oaks Elementary School cafeterias to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116, for the purpose of preparing and delivering meals for summer park sites and summer school facilities by the Sponsor. This agreement is with the understanding that current School Food Services Managers will be hired by the Sponsor to run and operate the three facilities being used to produce meals for the summer park sites and school activities. It is understood that the Sponsor agrees to leave the kitchens clean, in good repair and ready for the 2003 - 2004 school year. Each meal will meet the specifications as set forth by the USDA Summer Food Program Regulations, 7CFR Part 225. Use of the cafeterias will begin on June 2, 2003 and continue until August 1, 2003. All food and supplies will be sold to the Sponsor at the Schools' cost plus one percent (1%) per case. The Sponsor agrees to request monthly cash advances from the Department of Education. The Schools shall prepare an invoice for all food and supplies received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within thirty (30) days. IN WITNE,Ss .,~REOF: The parties hereto have caused this Agreement to be executed'13Y'~!~l}~.~Y aUthorized officers. ATT~gT.; ~,:: ........ ~. BOARD OF COUNTY COMMISSIONERS ~tne~ f/g~chool Board Witness f/Sch6ol Board CO~R C.~Y, FLORIDA BY: /~n ~...x/~,~,.,t,~ ' THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY ~inda Abbott, Chairwoman Approved as to form and Legal sufficiency: Robert Zacahary Assistant County Attorney MEMORANDUM Date: To: From: Re: May 28, 2003 Amanda Townsend Parks and Recreation Trish Morgan, Deputy Clerk Minutes & Records Department Agreement between BCC and the Naples Junior Chamber of Commerce, Inc., RE: Conducting a July 4th Fireworks Festival on County-owned Property Enclosed please find one copy of the document as referenced above (Agenda Item #16D2), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures 1602 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR cHAMBER OF cOMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL. This is entered into this ~.r{.~ day of [Y~ ,2003 by and between the Board of County Commissioners, Collier County, FlOrida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation, whose mailing address is 400 Valley Stream Drive Suite 110, Naples, Florida 34113, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2003. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 3r'~ through July 5th. The Park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by close of business on July 5th. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, 1682 and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: 10. Provide on or before March 30th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will be included within the special events permit application package. Bo Meet on the Property on or before June 4, 2003 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4, 2003 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2003. All subsequent dates of this agreement will be adjusted accordingly. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyrotechnicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $ 800. The Board of County Commissioners will accept in-kind payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, "Collier County" or the Collier County logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event. 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 16D2 a 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: NAPLES JUNIOR CHAMBER OF COMMERCE, INC. I\ % ' By: Angela Robinson, Presi~lent 2003 signature) t name~ (pC'nt name) AS TO THE COUNTY: ATTEST: Dwight E. Brock, Clerk of Courts andY:. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Hen~ing, C~ 4 MEMORANDUM Date: To: From: Re: August 6, 2003 Michael Dowling, Property Management Specialist Property Acquisition & Construction Management Trish Morgan, Deputy Clerk Minutes & Records Department -Lease Agreement with Economic Development Council of Collier County For Use of Office Space Within a County-Owned Bldg. -Resolution 2003-184 Enclosed please find one (1) copy of the Lease Agreement and one (1) copy of the Resolution 2003-184 as referenced above (Agenda Item #16E2), as approved by the Board of County Commissioners on Tuesday, May 27, 2003. The original agreement and resolution are being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. Enclosures RESOLUTION No. 2003 - 184 16E2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING. WHEREAS, The Economic Development Council ("EDC") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 310 Alachua Street, Immokalee, Florida. WHEREAS, the Lease Agreement provides for an initial three (3) year term with one (1) renewal term of three (3) years, with an annual rent of $1,000.00 for the first year, with annual three percent increases thereafter. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Economic Development Council and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Economic Development County of Collier County. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this 2rl4A day of after motion, second and majority vote. 2003 ATTEST: '- DWIGHT' .E;~i*R~i Cierk BY: --..J~~ _ HEN INO, Cl airman -- Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~r~ day of Iq(10~, 2003, between Economic Development Council of Collier County ("EDC") whose mailing address is305b North Horseshoe Drive #120, Naples, Florida 34104, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately eighty-one square feet of office space located at 310 Alachua Street, Immokalee, Florida, as shown on Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in Collier County, Florida. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premise for a term of three (3) years, commencing on June 1, 2003 and ending May 31, 2006. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease, to renew same for one (1) additional term of three (3) years, under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by delivering written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon actual receipt by the County. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by the parties. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any public authority having jurisdiction over the Leased Premises. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Dollars ($1,000.00) per annum in equal monthly installments of Eighty-three Dollars and Thirty-four Cents ($83.34) each, all in advance on the first day of every calendar month during the term hereof. If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one thirtieth (l/30th) of the monthly base rent multiplied by the number of rental days of such fractional month. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. Following the first full year of tenancy, the annual rental amount shall increase by three (3) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs for electricity, air conditioning, water and sewer services used and janitorial services, rendered or supplied to the Demised Premises. LESSOR shall furnish a desk, chairs and phone for LESSEE'S use at the Demised Premises. The LESSEE shall be responsible for costs associated with any and all long distance telephone charges. LESSEE shall be billed by LESSOR for long distance telephone service on a monthly basis. LESSEE covenants to pay LESSOR for said service within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demiged Premises for LESSOR'S written approval, specifying in writing and in meaningful detail,.the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erectio r i improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or to permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and 'against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements both at trial and all appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works or otherwise. LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved in writing by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and No/Cents ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No Cents ($100,00.00) per accident. 16E2 Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default by LESSEE Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its option, terminate this Lease by giving LESSEE, thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty (3) days pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful details specifying wherein LESSOR has failed to perform any such obligation(s). ARTICLE 13. Notices 16E2 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Economic Development Council of Collier County 3050 North Horseshoe Drive #120 Naples, Florida 34104 cc: Office of the County Attorney Facilities Management Department ARTICLE 14. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees and all appeals) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment caused by LESSEE. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. General Provisions LESSOR fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 4 ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. 16E2 AS TO THE LESSOR: DATED: 5 ~-.2.rl -~ ATTEST: ' DWIGHT BOARD OF COUNTY COMMISSIONERS AS TO LESSEE: DATED: 7/o2~/)~- WITNESS (signature) (print name) (print name) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY Approved as to form and legal sufficiency: Thomas C. Palme~r Assistant County Attorney 16E2 EXHIBIT "A" z 0 Z r~ ~3 rq z 0 0 0 O-U ;~0 Z II I C :12 0 0 0 Z MEMORANDUM Date: To: From: Re: June 2, 2003 Dan Rodriguez, Interim Director Facilities Management Trish Morgan, Deputy Clerk Minutes & Records Department Contract #33-3444 "Janitorial Services" - One Source Facilities Services, Inc. Please find enclosed three original documents as referenced above, Agenda Item #16E3, as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures 16E. RFP No. 03-3444 "Janitorial Services" AGREEMENT THIS AGREEMENT, made and entered into on this ~_r~ day of~l~q 2003, by and between OneSource Facility Services, Inc., authorized to do business in the~State of Florida, whose business address is: 14848 Old 41 North, Suite 11; Naples, Florida 34110, hereinafter called the "Contractor" and Collier County, a political subdivision o£ the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: o COMMENCEMENT. The Contractor shall commence services on the date of issuance of a Purchase order. The Agreement shall be for a one (1) year period, commencing on April 23, 2003, and terminating on April 22, 2004. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The Purchasing/General Services Director, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to six (6) months. The Purchasing/General Services Director, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) calendar days prior to the end of the Agreement term then in effect. STATEMENT OF WORK. The Contractor shall furnish all necessary labor, tools, appliances, equipment, supplies and maintenance and any other necessary accessories, services and facilities to perform the custodial services specified in the Contract, in accordance with the terms and conditions of RFP No. 03-3444, "Janitorial Services" and the Contractor's proposal hereby made an integral part of this Agreement. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount per year of One million, two hundred fifty one thousand, seven hundred fifty seven dollars and fifteen cents ($1,251,757.15), based on the unit prices set forth in the Contractor's proposal per Exhibit "A" Cost Proposal, hereby attached and incorporated by reference, subject to Change Orders as approved in advance by the County. Changes to requirements and facilities may be made upon mutual written agreement between Contract Officer and Contractor. Payments shall be made to the Contractor not more frequently than once per month. 16E3 o Payment will be made upon receipt of a proper invoice in compliance with Section 218.70 F.S. otherwise knows as the "Florida Prompt Payment Act". NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Mr. Robert G. Mosbach, Vice President, Operations OneSource Facility Services, Inc. 14848 Old 41 North, Suite 11 Naples, FL 34110 Fax: 239/513-0138 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Fax: 239/732-0844 The Contractor and the County may change the above mailing address and/or fax numbers at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. NO IMPROPER USE. The Contractor wilI not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fat to correct any such violation, conduct, or practice to the satisfaction of the County within two (2) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. TERMINATION. Should the Contractor be found to have failed to perform Iris services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering ali employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal 3 11. 12. 13. 14. 15. 16E certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. INDEMNIFICATION. The Contractor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department Contract Officer or their designee. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal Exhibit "A' Cost Proposal, Insurance Certificate, Performance and Payment Bonds, RFP #03-3444 Janitorial Services. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16E3 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ,...'~'~"~'.2' ~' . BOARD OF COUNTY COMMISSIONERS A ,T~.'.?'' '" '?. ~;~".~ '~,,, COLLIER COUNTY, FLORIDA D..~.~. (E.:'B~¢~ ~k of Courts ~'~' '" .'.~ , ">~:~ ~/ ~l[ ' Dated? ~t~.~-, ~f~ature 0n l~. ' ~-2q-03 (SEAL), First Witness Connie Bires Type/print witness name Second Witness Sherri L. Fuchs Type/print wimess name Approved as to form and ~cy: ~ Rob/ert~N. ~c ar~y Assistant County Attorney By: Contractor Signature Robert G. Mosbach Vice President Typed signature and title CORPORATE SEAL (Corporations only) Operations 16E~ i~. "r X 0 0 16E3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YY) 04/08/03 PRODUCER LIC %BR-620118 M~rphy & Jordan, LLC One Seaport Plaza 1-212-699-8950 New York, NY 10038 Eugene J. Callaghan INSURED OneSource Holdings, Inc. and its Subsidiaries District 137 1600 Parkwood Cir. %400 Atlanta, GA 30339 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A:American Home Assurance INSURERB:National Union Fire Insurance Company INSURERc:Illinois National Insurance Co. [NSURER D:Ins. Co. of the State of Pennsylvania INSURERE:Federal Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION [,TR TYPE OF INSURANCE POLICY NUMBER DATE ~'MMIDD/YYI DATE IMMIDD/YYI LIMITS A GENERAL LIABILITY 6125461 06/30/02 06/30/03 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1 · 000,000 I CLAIMS MADE L~J OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 -- GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY ~PRO'~J ~:T ~lOC E AUTOMOBILE LIABILITY 5349402-AOS [ 06/30/02 06/30/03 COMBINED SINGLE LIMIT A X ANYAUTO 5349403-TX 06/30/02 06/30/03 (Ea accident) i $ 2,000,000 A ALL OWNED AUTOS 5349404-VA 06/30/02 06/30/03 BODILY INJURY SCHEDULED AUTOS (Per person) ! $ I HIRED AUTOS BODILY INJURY I NON-OWNED AUTOS (Per accident) I $ I PROPERTY DAMAGE I (Per accident) $ GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANYAUTO i OTHER THAN EAACC $ J AUTO ONLY: AGG $ A EXCESSLIABILITY~ ~ BE2130703-02 06/30/02 06/30/03 EACHOCCURRENCE $ 10,000,000 X J OCCUR J j CLAIMS MADE ', AGGREGATE $ 10,000,000 $ DEDUCTIBLE i $ RETENTION $ I $ J WC STATU- OTH- A WORKERS COMPENSATION AND WC5279320-AOS 06/30/02 I 06/30/03 X TORY L M TS ER EMPLOYERS' LIABILITY C WC5279321-NY, WI 06/30/02 06/30/03 E.L. EACHACCIDENT ! $ 1,000,000 AI WC5279322-CA 06/30/02 06/30/03 E.L. DISEASE.EAEMPLOYEi $ 1,000,000 D ~ WC5279323-M-A 06/30/02 06/30/03 E.L. DISEASE . POLICY LIMIT! $ 1,000,000 OTHER E ~mployee Dishonesty 81453627 06/30/02 06/30/03 Limit 5,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEBIEXCLUSIONE ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: USA Collier County Goverrunent Linda Jackson 3301 T~miami Trail East Naples, FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE j~'~/- ?/~ ~ ACORD 25-S (7/97) 137fuchs 1031130 ® ACORD CORPORATION 1988 16E4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 16E5 MEMORANDUM Date: To: From: Re: May 28, 2003 Linda L. Jackson, Contract Agent Purchasing Department Trish Morgan, Deputy Clerk Minutes & Records Department Contract Amendment involving Contract #02-3324 "Fixed Term Surveying and Photogrametric Services w/Johnson Engineering, Inc., Q. Grady Minor & Associates, PA, Agnolit, Barber & Brundage, Inc., and WilsonMiller, Inc. Enclosed please find a copy of the above referenced documents, approved by the Board of County Commissioners on May 27, 2003 (Agenda Item #16E5). If you should have any questions, please contact me at 774-8406. Thank you. Enclosure EXHIBIT A-1 Contract Amendment No. 1 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Wilson Miller, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. C_erperate Secretary/Witness Dated: AT~EST:, , -. D~,tE: Brock. Clerk CONSULTANT By: &~r~ ,~.~O0~gt~,l] Title: ~1~'. ~/. ~, Dated: CORPORATE SEAL Approved as to form and Ro6ert ~.. Zad6')~~ Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER~TY37RIDA o 16£5 EXHIBIT A-1 Contract Amendment No. 1 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Agnoli, Barber & Brundage, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-i" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN Wll person ATTES Corpor ~I~SS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized ent, hereunder set their hands and seals on the date(s) indicated below. :g ~e[~retary/Witness Agh~,/i; l~rber(&~ Brundage, Inc. Title: 4. Dated: CORPORATE SEAL Approved as to form and n y: Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS EXHIBIT A-1 Contract Amendment No. 1 16E #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Q. Grady Minor & Associates, PA (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-I" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate Sect&dry/Witness Q. Grady Minor & Associates, PA By: Q. Grady Minor Title: President Dated: ~' l[0 lOS CORPORATE SEAL Approved as to form and R6bert N.'Za~Z'( Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIE~NT~)ORIDA . Chairman Spz~/0~ d' EXHIBIT A-1 Contract Amendment No. 1 16E5 #02-3324 "Fixed Term Surveying and Photogrametric Services" This amendment, dated April 24, 2003 to the referenced agreement shall be by and between the parties to the original Agreement, Johnson Engineering, Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3324 "Fixed Term Surveying and Photogrametric Services" The Consultant agrees to amend the above referenced Contract as per Schedule "A-l" attached to this Amendment, and incorporated herein by reference. This amendment shall cover hourly rate increases to the original Collier County Proposed Fee Schedule based upon the Consumer Pricing Index (CPI), published January 16, 2003. This amendment represents a 2.5% increase to the Fee Schedule for the renewal term of April 24, 2003 through April 23, 2004. The Consultant agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corpora~ Secretary/Witness By: ~-.4~A~)/ ,~2. /~c4._ Dated: 4'- i4" a~ CONSULTANT Johnson E~,i~erin~~ By: Title: Andrew D. Tilton, Vice President ~;vight E. Brock, Ct~rk . ' _7test a to,Chef--an Dated: 4/14/03 CORPORATE SEAL Approved as to form and RoCert N. Zac ;y Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLL~T~fi)ORIDA o By: Ch~~ Schedule A-1 Collier County Proposed Fee Schedule RFP 02-3324 "Fixed Term Surveying and Photogrametric Services" 2003-2004 Renewal Professional Hourly Fee Project Manager $103.00/hr Senior Registered Surveyor $108.00/hr Registered Surveyor $ 87.00/hr Survey Crew- 2 Person $ 92.00/hr (Includes Crew Chief) Survey Crew- 3 Person (Includes Crew Chief) Survey Crew- 4 Person (Includes Crew Chief) Senior Technician Technician GPS Survey Crew- 1 person GPS Survey Crew - 2 person (Includes Crew Chief) GPS Survey Crew- 3 person (Includes Crew Chief) Support Administrative Assistant, Secretary Clerical, other support $108.00/hr $118.00/hr $ 56.00/hr $ 46.00/hr $ 92.00/hr $108.00/hr $123.00/hr $ 46.00/hr $ 36.00/hr This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed .... 16E5 END OF SCHEDULE A-1 16E6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 FIRST AMENDMENT TO LEASE AGREEMENT Lease #888 THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day of ,2003 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER-- 'nlDDUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE" and ABBAS AHRABI ASLI, whose mailing address is 473 Banyan Boulevard, Naples, Florida 34102, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and Abbas Ahrabi Asli have previously entered into a Lease Agreement dated June 13, 2002; and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated June 13, 2002, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. In addition to those responsibilities assigned to LESSEE in Article 5, LESSEE agrees to assume full responsibility for procuring and payment of maintenance, replacement, and repair of, and full liability for, the complete interior and exterior electrical system, including but not limited to the interior and exterior lighting system, interior plumbing system, fire safety system, including but not limited to the fire sprinkler system, complete air-conditioning system, security system, landscaping, irrigation system, and elevator system. LESSOR relinquishes LESSOR'S rights to a set of keys to the Demised Premises and to the security system arming and disarming codes. For the purposes of work related to the air-conditioning system, LESSOR authorizes LESSEE the right to access the roof, at any time, without prior approval from LESSOR, in order to inspect, repair and maintain the air-conditioning system. The roof is and shall be under padlock at all times and its keys shall exist in two copies and be in the possession of LESSOR and LESSEE alone. LESSOR is relieved of any responsibility and liability with respect to the above that may have previously existed. Other than as provided for in the following exemption, the provisions of this paragraph shall in case of conflict with an interpretation of another provision of the Lease Agreement be deemed to take precedence. The provisions of this paragraph shall not affect the provisions of Article 7. 2. LESSOR agrees to maintain the Common Area Maintenance (CAM) charges referred to in Article 5 for the first two (2) years of the Lease at the amount agreed upon at the time in which the Lease Agreement dated June 13, 2002 was executed. If, on the second year anniversary of this Lease and each year thereafter throughout the life of this Lease, the CAM is required to be revised as provided for in the Lease, the LESSOR agrees to limit the increase of the CAM to an amount not to exceed the actual operating costs as per Article 5. 3. Except as expressly provided herein, the Lease Agreement between Collier County and Abbas Ahrabi Asli dated June 13, 2002 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE [E'~*1}1~2(0,'::,~% DATED:' ..?',~-2..r]--0,.~'''' WIGHT,E. BROCK, 'CI~ AS TO THE LESSOR: Witness (Signature) (Print Name) Witness (Signature~ /3/q-gt05 (Print Name) BOARD OF COUNTY COMMISSIONERS, COLLIER ~Y, FL.~TA . BY: ~ /~.....-~'X~-~N~ __ TOM H~N~ING, ChaVirman v ~/ -z'tO3 ABBAS AHRABI Approved as to form and leg)~ sufficiency: Davi~ C. Weigel, Cou~y'Attor~.~ 16F1 MEMORANDUM Date: To: From: Re: May 28, 2003 James yon Rinteln Emergency Management Trish Morgan, Deputy Clerk Minutes & Records Department Contract #03CT-95-09-21-01-384 CFDA Number: 83.564 Enclosed please find four (4) original documents as referenced above, approved by the Board of County Commissioners on May 27, 2003 (Agenda Item #16F1) . Please forward on to DCA for signatures and return a fully executed original back to the Minutes and Records Department. If you should have any questions, please call me at 774-8406. Thank you. Enclosures 16F1 Contract Number: 03CT-95-09-21-01-384 CFDA Number: 83.564 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. 16Fl (3) PERIOD OF AGREEMENT This Agreement shall begin on the date of the fund offering letter, and shall end November 30, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the termination date of the Agreement. Any requests received after December 15, 2003, may in the discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests shall not be submitted by fascimile tranmission. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement 2 16Fl is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local "Agents" shall include, but not be limited to, auditors retained by the time, on Monday through Friday. Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report as set forth in Attachment E. 3 16 F1 (b) Monthly reports are due to be received by the Department no later than 10 days after the end of each month of the contract period and shall continue to be submitted each month until submission of the administrative close-out report (c) The close-out report is due 15 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. 16Fl In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided .by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports flied or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 16Fl 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a wri/~ten warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 7 a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. b) The name and address of the Department contract manager for this Agreement is: t Telephone: F~:;'*' .) ~/7" ¢'¢ <~ .: Fax: Email: c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: James von Rinteln, Coordinator Collier County Emergency Management Department 3301 E. Tamiami Trail, Bldg F Naples, FL 34112 Telephone: 239-774-8444 Fax: 239-775-5008 Email: j amesvonrinteln~colliergov.net d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy 9ranted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor fist_may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 16Fl 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in 10 accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t" Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow 12 16Fl the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. 13 16Fl (15) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Assurances Attachment D - Justification of Advance Attachment E - Reports (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $24,000 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. 14 Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. ",,/ No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 15 16Fl (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 16 "Fl 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all dghts and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. 17 16Fl (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 16Fl IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~.Y, FLORIDA By: To~n ~enning, ~hairman Date: FEID # 59-6000558 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIR~ ,/(~ {A4~ Ely: _ ATTE ;' igh~ . Eti~ck, Clerk ltt~,;as, to. Chit man' s stgnat~e.~ enl~;' Approved as to Form and Legal Sufficiency Assi~ant County Attorney 19 16F1 EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $(amou~ COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program~ provide the same information shown below for each Federal program and show total State resources awarded for matching. Federal Program (list Federal agency~ Catalog of Federal Domestic Assistance title and number) - $(arnount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total state financial assistance awarded that is sub/ect to Section 215.97~ Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $(arnotmO COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC"for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to 16F1 different amounts of the non-Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 16Fl Attachment A Budget and Scope of Work 1. SCOPE OF WORK The Recipient will provide, in the required timeline and deliverable documents, subject to approval by the Division of Emergency Management, information relating to the recipient's plans, accomplishments and delivery of the following items and activities as represented in the proposal to start-up or expand the Community Emergency Response Team (CERT) program operated by Recipient utilizing funding under this sub-grant. mo Provide CERT training to at least 285 participants and/or CERT refresher training to at least 0 participants. Provide PPE (Personal Protective Equipment) equipment to at least 285 new CERT members trained under this sub-grant, upon successful completion of training. Individual equipment will include at a minimum: a CERT - "bag or backpack" with at least minimum necessary personal protective equipment of- helmet, work gloves, latex or neoprene or other body fluid protective groves, eye protection, flashlight, ID/reflective vest, CERT ID, etc. Green, Reflective Green or Reflective Lime Green is the preferred color for CERT helmet, bag or backpack and ID Vest. However, for program expansions where team colors are already in use, continued use of your current color scheme for consistency is acceptable. Provide necessary class supplies/materials, training space and instruction for the new CERT Team members enrolled under this grant. Training will utilize the Standard FEMA-CERT Training Program as a minimum (unless variance granted by FDEM-CERT Program Office). Training must also include the recently added FEMA-CERT Module 8 - Terrorism - Training Unit. Provide sufficient clerical/administrative support to handle timely the administrative aspects of the CERT program related to this grant. Exact contact information for the CERT Administrative Support Individual must be provided at the time of grant submission and updated or verified with each monthly submission CERT Training must be conducted by a Lead Trainer who has completed the FEMA (or FDEM sponsored) CERT Train-The-Trainer Course # G-417. (or equivalent as agreed to by the FDEM-CERT Office). Associate Trainers who are not graduates of G-417, but who are Subject Matter Experts (SME) can be utilized in their areas of expertise to teach individual topics in the CERT Program. They must be under the direct supervision of the approved Course Trainer. Associate Trainers must cover thoroughly the official FEMA- CERT Basic Training Module when they are teaching a module or segment. (CERT Training Manuel IG-317, May 1994 or the appropriate updates as they become available and SM-317 or the appropriate updates as they become available). 16Fl FO GO HO Recipient agrees to maintain adequate records of individual training and team formation, reporting requested information to FDEM-CERT Program Office on a course-by-course basis and monthly. Recipient agrees to accept non-grantee CERT trainees from other locations, on a space available basis. These participants will be clearly documented on course rosters to accurately reflect the location in which they will serve as CERT members upon completion of the course. To report on a monthly basis any activation of a CERT Team or components thereof for actual emergency duty, projects, information fairs, or other usage via the information format required in the product items below. II. PRODUCT ITEMS mo The following information and documentation must be provided in the first monthly progress report due prior to June 15, 2003: A schedule of training classes to be presented within the contract period. Minimum requirements: course agenda, course location, contact information and qualifications of Lead Instructor, and a point of contact for each course. A revised budget; A timeline for key activities leading to the first CERT training course to include, as a minimum: a0 Selection and training of CERT administrative/coordinator and lead instructor(s). bO Strategy and methodology for recruitment of students. cO Selection of training site(s) - location dO Procurement of all required Personal Protective Equipment (PPE) for each participant. e0 Procurement of all course supplies and student manuals for each participant. fO Listing and detailing of any supplemental curriculum training for CERT members, beyond the FEMA-CERT Basic course. (for refresher courses only) gO Plans for follow-up refresher courses for program graduates. hO Plans to maintain CERT members, indicating how they can be used to supplement emergency management activities in disaster and non-disaster situations; i0 Plans to utilize CERT graduates in expanded program activities (such as the FLASH program, support of Police Traffic Control, etc.). For expansion programs only: a. A complete listing of all CERT Teams currently in their jurisdiction. Listing will include team name, general area of coverage, phone number and email address of contact person, if any. The following will be provided in all subsequent monthly progress reports: Status of and adjustments to the plan submitted in the initial report and earlier monthly submissions. Roster(s) of students trained during the period and formation of new CERT Teams, if any. Roster should include at minimum: Name and date training completed for each participant and for new CERT team formations: Name of team, location coverage, contact information including e-mail address and phone number, if any. 3. A list of equipment and supplies to be purchased for each CERT member's PPE kit funded under this sub-grant. 4. A list of course supplies (not listed in # 3 above) and student manuals purchased for each participant under this sub-grant. Student manuals are mandatory under this grant. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the CERT program under this sub-grant and courtesy copies of other program promotion items. 6. Sample copies of all recruitment announcements and public information presentations relating to announcing the CERT training provided under this grant. 7. A list of other CERT activities (i.e., additional training, drills, and meetings). 8. Total amount of grant funds used to date and for what activities. To submit with the monthly report, a report of CERT activation for emergency or non-emergency situations. Report should detail: date, team name, number of CERT members activated, and a brief description of activity. This will include situations where CERT members have augmented a community's emergency management capability. (Example of non-emergency CERT team activities: a special project that enhanced a community's preparedness.) III. SCHEDULE OF WORK AND PAYMENTS A0 BO By July 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II. C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work or prepare the products should be submitted. By August 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. 16Fl CO By September 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II. C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. DO By October 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. E0 By November 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. FO By November 30, 2003 the f'mal closeout report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not exceed more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from these funds. 16Fl Attachment B Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes 3 Chapter 119, Florida Statutes 4. Chapter 60A-l, Florida Administrative Code 5. Chapter 215.97, Florida Statutes (Audit Requirements) 6. Chapter 215.34(2), Florida Statutes 7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations), Rules of the Auditor General 8. OMB Circular A-133 (if applicable) 9. Section 112.061, Florida Statutes I0. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration and Nationality Act ("INA") 11. Section 768.28, Florida Statutes 12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) 13. OMB Circulars A-87 and A-102 14. Chapter 216.181(16), Florida Statutes 15. 48 Code of Federal Regulations, Part 31, if applicable Attachment C Assurances To the extent the following provisions apply..to the a~vard of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It will comply xvith: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week: and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (b) It will comply with: (I) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose tbr which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 16Fl (c) (h) (i) (J) (k) (1) employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; It ,,,,'ill establish safegua,'ds to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.3t3 and Section 112.3135, FS; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply xvith the provisions of 18 USC 594, 598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster prOtection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquigition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 _CFR.. Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) 16FI It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Actor 1966 (I 6 U.S.C. 469a-t, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by tile State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeol6'gieal Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed 16F! (n) by the installation, replacement or maintenance of such utiliti-es. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations i"or the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent ~vith the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall forward information regarding the tre:mnent plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object within 1~ calendar clays of receipt of the treatment plan. FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; 16Fl (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) It xvitl comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating.to nondiscrimination on the basis of alcohol abuse or alcoholism; It wilt comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.' 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions or" the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; It Will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, I6 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; 16F! (aa) (bb) (cc) (dd) (ee) (fO (gg) (hh) (ii) (J j) It will assist the axvarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S .C. 469a, et seq; It will comply with the Rehabilitation Adt of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; It will comply with the en,vironmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition' Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 16F1 Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department or' Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 10. 11. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located On each site. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Poli6y and Conservation Act ( Public Law 94 -163). Comply with all applicable standards, Orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. Attachment D 16Fl Justification of Advance 16Fl Attachment E Repo~s STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT 16Fl CONTRA CTUAL FORMS and REQUIREMENTS Form 1: 1. This report must be completed in full prior to June 15, 2003 in order to be considered in compliance with the terms of the contract. Monthly Status Report Form 2: This report must be completed in full each month. This is a required report and must be submitted within 10 days of the first of each month in order to be considered in compliance with the terms of the contract. If expenditures do not occur during a given month, a complete explanation should be given on Form 2. Reimbursement Request (Form 3) and Detail of Claims (Form 4): 1 2 3. 4. 5. These forms are to be filed as needed. It is not necessary to wait until the first of each month. Complete Form 3 by filling in all items as needed. Do not send blank forms. Submit form 4 for budget categories (e.g. Personnel, Travel, etc.) in which you have incurred expenditures. The Detail of Claims form must accompany the Reimbursement Request form. Do not include back up documentation with these reports unless it is a deliverable that is outlined in the scope of work. Maintain back up documentation, as it ~vill be needed when audited. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. Claims are to be submitted to the following address: DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT OFFICE OF POLICY AND PLANNING CITIZEN CORPS/CERT PROGRAM 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form .5): Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. The contract cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and verified durin~ on- site monitorin~ visits or when necessary by the DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. Backup documentation of expenditures should not be sent to the DEM. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections. All forms must be submitted in hard copy with original signature to be considered in compliance with the terms of the contract. Forms may be downloaded from the lnternet. Please be sure to save the files in the appropriate format before attempting to use. The address is: http://ww~v.floridadi.saster, org/director office/citizen corps/, click on reports under the title: Citizen Corps/CERT FY02 Sub-Grantee Recipients. THIS IS A REQUIRED DOCUMENT CERT - FORM 1 DUE PRIOR TO jUNE 15, 2003 16F1 Please provide the following information that is to occur during the contract period. Please see contract scope of work, Section IIA, for further details. (attach additionalpages if needed): 1. Schedule of CERT Trainings 2. Schedule of CERT Refresher Trainings, if applicable 3. Schedule of CERT Presentations (for CERTAssociation programs only) 4. Revised Budget 5. Timeline of Key Activities 6. Complete Listing of all CERT Teams currently in jurisdiction (for expansion programs only) I · I · I · I · I · I · I · I · I · I Signed: Date: Contract Manager 16Fl MONTHLY STATUS REPORT THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED MONTHLY CERT - FORM 2 Please see contract scope of work, Section IIB, for further details MONTH REPORTED: I. DATA: Total for Month Total to Date Number of participants provided CERT Training Number of participants provided PPE equipment Number of new CERT Teams formed Number of CERT presentations provided** Number of participants provided CERT presentations** Number of CERT promotional, educational, and recruitment materials distributed to the public Number of participants provided CERT Refresher Training II. **For CERT Associations only SUBMISSIONS: Please check one. If not submitted, please explain why in the narrative below. Submitted Not Submitted Not Applicable Rosters of CERT Trainings List/Invoice of PPE Equipment Purchased Rosters of CERT Refresher Trainings Rosters of CERT Presentations** List/Invoice of Equipment and Supplies (not PPE) Purchased Sample copies of promotional, educational, and recruitment materials produced List of other CERT activities **For CER T Associations only III. GRANT FUNDS: Grant funds used Total for Month Total to Date IV. ACTIVATION 1. Was their any activation of CERT Teams or components thereof for actual emergency duty, projects, information fairs, or other usage during the month? __ YES NO 2. If yes, for how many times? and how many total CERT volunteers were activated? V. Narrative: Please discuss at minimum: work that has been completed, events, progress delays, all reasons why specified documentation was not submitted with this report, any adjustments made to the timeline of the program and/or earlier monthly submissions, and an explanation if expenditures did not occur during the month. If applicable, list the names and coverage locations for any new CERT teams formed during the month. Attach additional pages if needed. I · I · I · I · I · I · I · I · I · I Signed: Contract Manager Date: REIMBURSEMENT REQUEST FORM 3 16Fl Request for Payment Date: GRANTEE: Request for Payment #: ADDRESS: AGREEMENT #: COSTS INCURRED DURING THE PERIOD OF: Phone Number: AGREEMENT AMOUNT: / / THROUGH / / I PERSONNEL $ 2 FRINGE BENEFITS 3 TRAVEL $ 4 EQUIPMENT $ 5 SUPPLIES $ 6 OTHER $ 7 TOTAL EXPENDITURES I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer ~,WARD AMOUNT - $ PREVIOUS PAYMENTS - $ THIS PAYMENT -$ REMAINING BALANCE -$ TO BE COMPLETED BY DEM TOTAL AMOUNT TO BE PAID ON THIS INVOICE 16Fl I-- Z ,,~ 0 0 ZO~ Z Z ~ 0 0 ._~ m 0 UJ ,..> I.- 0 Il. - UJ UJ ~ m > -r Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Close-Out Report - Form 5 This form should be completed and submitted to the Department no later than fifteen (15) days after the termination date of the Agreement 16Fl Grantee Address City and State Agreement No. Agreement Amount Agreement Period Grant Award Cash In-'K;nd T~t~,l Cost Categories Expenditures Match Match Expenditures Personnel Fringe Benefits 2 Trsvel 3 Equipment (only items over $5000) 4 Supplies Other $ 7 TOTALS $ Total Funds Received From The Department of Community Affalre Under This Agreement (Column 6, Une 5) Less Total Grant Award Expenditures (Col. 1, Line 7) Equals Balance of Agreement Owed to DCA Refund Due to the State? Refund Check Enclosed? Yes No ,Yes No If No, Enter Date that Refund will be Submitted Refund end/or final interest check are due no tater than ninety (90) days after the expiration date of the Agreement. Make Check Payable To: Cashier Department of Community Affairs Mall To: Department of Community Affalre Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Fu'n~s Received Under this Agreement * Date Amount TOTAL 'Include Any Advanced Funds Received Agreement Amount .ess Total Funda Received under this Agreement (Column 6~ Line 5) Balance of Agreement I hereby certify that the above costs are true and valid costs Incurrod in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed Contract Manager or Financial Officer Date MEMORANDUM Date: To: From: Re: May 28, 2003 Richard Zyvoloski, CEM FPEM, Emergency Management Coordinator Emergency Services Department Trish Morgan, Deputy Clerk Minutes & Records Department State of Florida - Hazard Mitigation Grant Program Mitigation Planning Application Enclosed please find one original document, as referenced above, approved by the Board of County Commissioners on May 27, 2003, as Agenda Item #16F2. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures 16F2 ATTACHMENT A 1. Applicant: STATE OF FLORIDA - HAZARD MITIGATION GRANT PROGRAM MITIGATION PLANNING APPLICATION Collier County 2. State Legislative District(s):2 5,3 9,75,76,77,10 1,1 l~,ongressionaI District(s): 14, 2 5 3. Federal Tax I.D. Number: FIPS Code: 01 ?. 0 2 1 (if your FIPS code is not known, please fill out FEMA Form 90-49 so that the Department may obtain a FIPS code for you) Richard FIRST NAME: STREET ADDRESS: 3301 East CITY: Naples Do you plan on using the Mitigation 20/20 software? ~× COUNTY POINTOF CONTACT TITLE: ~Emergenc¥ A. MI: Tamiami Trail TELEPHONE: ( 2 3 9 ) 7 7 4 - 8 4 16 6. STATE: yes [] no Hanagement Coordinator LAST NAME: Zyvoloski FL FAX: (239) 775-5008 Do you intend for the State to directly contract with a consultant? [] ZIP: 34112 EMAIL.RichardZyvo lo ski @ col 1 iergov ~ net yes ~X no 7. If your county has identified a consultant to do your Mitigation Planning revisions please complete the following: 8. POTENTIAL APPLICANT (CONSULTING ENTITY): POINT OF CONTACT TITLE: FIRST NAME: MI: LAST NAME: STREET ADDRESS: CITY: STATE~ ZIP: TELEPHONE: FAX: EMAIL: 9. COUNTY~.S DULY AUTHOR~ED REPRESENTATIVE*(proofofa~hodzationtosigncontractsrequired): Chairman, Board of TITLE:COunty Commissioners FIRST NAME: Tom LAST NAME: Hennin~. 3301 East Tamiami Trail STREET ADDRESS: CiTY: Naples STATE: FL ZIP: 34112 TELEPHONE:{'239')?,7~-8097~J FAX: 1'2391 774-3602 "'7 J/,f · · SIGNATURE: /q~r~ - ~'/~,- J',,~.~ DATE: . *INDIVIDUAL WITH L~S~N~NING AU~IORI_.TY F. oi~r. HEtR~.S.,RECT~I~IE, GOUNTY (e.g., THE CHAIRJ~ERSO-N, BOARD OF COUNTY COMMISSIONERS OR THEIR DESIGNEE) ~1[0~ ,~i~?.~' ¢0':. ",, . ! Approved .as to form & legal ,~ufficb'~'~. / ,-~ :""'-,~~'".'.~-'~- ' 16F2 ATTACHMENT B Scope of Work Purpose The Recipient shall submit a revised Local Mitigation Strategy (LMS) document (hereafter referred to as the ~Plan") that is in compliance with the local hazard mitigation requirements as specified in the document entitled Draft Local Hazard Mitigation Plan Minimum Standards of Acceptability Region IV (hereafter referred to as the ~Region IV Minimum Standards"). This document is the FEMA Region IV interpretation of Section 322 of the Disaster Mitigation Act of 2000 (DMA2.K) as implemented in the Intedm Final Rule (44CFR, Part 201). The deliverables contained in this Scope of Work are based on the criteria as described in the Region IV Minimum Standards and numerical references used with the deliverables such as 3.1.3 and 44 CFR 201.6(a)(3) refer to a specific criterion or group of criteria described in the Region IV Minimum Standards. Payment and Deliverables Schedule This is a fixed-fee contract. The Department will pay the amount agreed to for each deliverable upon receipt of that deliverable and a finding by the Department that the deliverable meets the criteria referred to above. Each invoice for payment must be accompanied by the deliverable and documentation of the local match. For cash match, acceptable documentation will be a copy of the journal entry or a cancelled check. For in-kind match, acceptable documentation will be a completed copy of the Florida Division of Emergency Management In-Kind Sen/ice Labor Summary Record (see attached). The final deliverable shall be an updated, revised and compiled LMS document. First-Deliverable Suggested Timeframe: 1 month from the contract execution date Recipient Time Frame: !. 5mo .from the contract execution date Estimated Cost of Deliverable: $ ?~ ~ 0 0 0 Within the period specified, the Recipient shall provide the Department with the First Deliverable, which shall include the criteria specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. Multi-Jurisdictional Piannin,q Participation [3.1.3] 44 CFR 201.6(a)(3)-The Plan must document how each jurisdiction participated in the planning process. Jurisdiction is defined as each municipal incorporation including the county as it represents the unincorporated areas. Plannin.q Process [3.2] 44 CFR 201.6(b)-The Plan must document open public involvement in the planning process including the following: 44 CFR 201.6(b)(1)-The Plan must provide and document that the public was given an opportunity to comment on the plan. The plan must document that at a minimum one public meeting after the completion of the draft and prior to the plan's approval were conducted to solicit formal comments on the plan. In addition the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. 16F2 44 CFR 201.6(b)(2)-The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. 44 CFR 201.6(b)(3)- The Plan must include documentation, where appropriate, that existing plans, studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include FMA and CRS plans, if applicable DOcumentation of PlanninR Process [3.2.1] 44 CFR 201.6(c)(1)- The Plan shall include a description of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved. Second Deliverable Suggested Timeframe: 3 months from the contract execution date Recipient Timeframe: 4 mo s from the contract execution date Estimated Cost of Deliverable: $ 3,0 0 0 Within the period specified, the Recipient shall provide the Department with the Second Deliverable, which shall include the criteda specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. Risk Assessment (3.3) Identifvin~ Hazards [3.3.1] 44 CFR 201.6(c)(2)(i)-The Plan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Rivedne Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the judsdiction's hazard analysis. Profiling Hazard Events [3.3.2] 44 CFR 201.6(c)(2)(O-The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected Dy each identified hazard. AssessinR Vulnerability: Identifyin.q Assets [3.3.3] 44 CFR 201.6(c)(2)(ii)-The Plan shall contain a description of the judsdiction's vulnerability to each identified hazard. The description shall include an overall summary of each identified hazard and its impact on the community. 44 CFR 201.6(c)(2)(ii)(A)-The pJan shouJd describe vulnerability in terms of the types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A 16F2 3 rationale for designating a facility as critical shall be included in this section. In the first update of the plan the vulnerability description should also include a discussion of future buildings infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. Assessin.q Vulnerability: Estimatinq Potential Losses [3.3.4] 44 CFR 201.6(c)(2)(ii)(B)-The Plan should descdbe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. Assessin,q Vulnerability: Analyzin.q Development Trend-~ [3.3.5] 44 CFR 201.6(c)(2)(ii)(C)- The Plan should provide a general description of land uses and development trends within the jurisdiction so that mitigation options can be considered in future land use decisions. Multi-Jurisdictional Risk Assessment [3.3.6] 44 CFR 201.6(c)(2)(ii~- Multi-jurisdictional plans must assess each judsdiction's dsks where they vary from the dsks facing the entire planning area for each identified hazard. Third Deliverable Suggested Timeframe: 4 months from the contract execution date Recipient Timeframe: 4 _ ~;mc~ from the contract execution date Estimated Cost of Deliverable: $13,0 0 0 Within the period specified, the Recipient shall provide the Department with the Third Deliverable, which shall include the criteria specified below with sufficient information and/or documentation to satisfy the Region IV Minimum Standards for each criterion. MitiRation StrateRY [3.4] 44 CFR 201.6(c)(3)-The Plan must include a mitigation strategy that provides the judsdiction's blueprint for reducing the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitiga~on Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: pdorifization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. Local Hazard Mitiqation Goals [3.4.1] 44 CFR 201.6(c)(3)(i)-The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilifies to the identified hazards. 16F2 Identification and Analysis of Mifi.qation Measures [3.4.2] 44 CFR 201.6(c)(3)(ii)-The Plan shall include a section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified, with particular emphasis on new and existing buildings and infrastructure. Implementation of MitiRation Measures [3.4.3] 44 CFR 201.6(c)(3)(ii~-The plan shall include an action plan describing how the actions identified will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implemental~on timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carq/ing out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Multi-Jurisdictional Mitiqation Strateqy [3.4.4] 44 CFR 201.6(c)(3)(iv)- Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Plan Maintenance Procedures (3.5) MonitodnR, Evaluatin,q, and Updatin,q the Plan [3.5.1] 44 CFR 201.6(c)(4)(i)-The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the mitigation plan within a Eve year cycle. 44 CFR 201.6(d)(2) and 44 CFR 201.6(d)(3)-The Plan must be reviewed and revised, if apprepdate, by the local jurisdiction and resubm~ted to the State Hazard Mitigation Officer for initial review and coordination within Eve years of a plan's or a plan's update approval by FEMA. Implementation ThrouRh Exisfin.q Pro.qram [3.5.2] 44 CFR 201.6(c)(4)(i~- The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Continued Public Involvement [3.5.3] 44 CFR 201.6(c)(4)(iii)- The Plan shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. 16F2 Fourth Deliverable Suggested Timeframe: 5 months from the contract execution date Recipient Timeframe: 6' mo s. from the contract execution date Estimated Cost of Deliverable: $ 7,0 0 0 Within five (5) months of the contract date, the Recipient shall submit the Department the Fourth Deliverable, a revised Local Mitigation Strategy (LMS) ready for submission to FEMA for review and approval that fulfills all the requirements for local hazard mitigation plans. The LMS must be accompanied by the attached FEMA/State Score Sheet and Crosswalk, with the page numbers of the appropriate sections of the LMS filled in under each criterion. Please note that that requirement for.formal adoption by each participating jurisdiction set forth below is outside the scope of this contract. UtlIS Working Groups may want to delay presenting the plan to the jurisdictions for adoption until FEMA approves the substance of the plan. Multi-Jurisdictional Plan Adoption [3.1.2] 44 CFR 201.6(c)(5)- Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Fundinq Requirements: 75% federal funds (this amount cannot exceed $20,000); 25% local match (local match may be cash or in-kind services or any combination of the two). Please provide a project cost breakdown and specify how the Recipient intends to meet the local match. It is understood that this local match breakout is for planning purposes only and the actual relationship of cash to in-kind services may vary due to circumstance. Total Project Cost Federal Share Local Match Cash In-kind 16F2 ill ~ 0 ~ Z ~ ~0~ o o 0 ~ 0 ~ i ~ o ~ 0 00 ~1~ ~ a ~ ~ z ~ 0 0 = = = = = = =~ = = = = o m o ° ~ w w w w w ~ 0 ~ ' ~ -- ~ -- -- W 0 0 0 0 0 0 0 -- w ~ ~ ~ ~ _-- < ~ ~ z ~~ ~ = ~ iz ~ = ~ z ~ I- -- Z 16F2 ATTACHMENT D FEMA/STATE OF FLORIDA JOINT LOCAL MITIGATION PLAN CRITERIA, SCORE-SHEET & CROSSWALK LMS County: LMS Contact Info Name: Address: Telephone: E-mail: 3.1 3.1.1 Prerequisites Adoption by the Local Governing Body 44 CFR 201.6(c)(5) NIA The Plan shall include a copy of the executed resolution formally adopted by the governing body of the jurisdiction requesting approval of the plan. Does not apply to the State of Florida. See 3.1.2 below. 3.1.2 Multi-Jurisdictional Plan Adoption 44 CFR 201.6(c)($) Satisfactory/Unsatisfactory Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Section and page number where information can be found within )'our County's Plan: FEMA & STATE JOINT COMMENTS: 3.1.3 Multi-Jurisdictional Planning Participation 44 CFR 201.6(a)(3) Satisfactory/Unsatisfactory Mu~ti-jurisdictional plans may be accepted, as appropriate, as long as each jurisdiction has participated in the planning process. Statewide plans will not be accepted as multi-jurisdictional plans. The Plan must document how each jurisdiction participated in the planning process. Sec~on and £age number where Jnforma~on can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 2 16F2 3.2 The Planning Process 44 CFR 201.6(b) Requires that the Plan document open public involvement in the planning process. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include the following: 44 CFR 201.6(b)(1) Satisfactory/Unsatisfactory The Plan must provide and document that the public was given an opportunity to comment on the Plan. At a minimum, the community will conduct one public meeting during the drafting stage and one public meeting after the completion of the draft and prior to the Plan's approval to solicit formal comments on the Plan. In addition, the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: ~.~. CFR 201.6(b)(2) Satisfactory/Unsatisfactory The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. Section and page number where information can be found within your County's Plan: ~ FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(b)(3) Satisfactory/Unsatisfactory The Plan must include documentation, where appropriate, that existing plans, studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include Flood Mitigation Assistance and Community Rating ,System plans, if applicable. Section and page number where information can be found within.~our County's Plan: FEMA & STATE JOINT COMMENTS: 16F2 3.2.1 Documentation of the Planning Process 44 CFR 201.6(c)(1) Satisfactory/Unsatisfactory The Plan shall include a description of the planning process used to develop the Plan1 including how it was prepared, who was involved in the process, and how the public was involved. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 4 16F2 3.3 Risk Assessment 3.3.1 Identifying Hazards 44 CFR 201.6(c)(2)(i) Satisfactory/Unsatisfactory The Plan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum, the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Rivedne Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee FaiJure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the jurisdiction's hazard analysis. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.2 Profiling Hazard Events 44 CFR 201.6(c)(2)(i) Satisfactory/Unsatisfactory The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The Plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected by each identified hazard. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 16F2 3.3.3 Assessing Vulnerability: Identifying Assets 44 CFR 201.6(c)(2)(ii) Satisfactory/Unsatisfactory The Plan shall contain a description of the jurisdiction's vulnerability to each identified hazard. The description shall include an overall summary of each identified hazard and its impact on the community. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(c)(ii)(A) Satisfactory/Unsatisfactory The Plan should des~ibe vulnerability in terms of the types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A rationale for designating a facility as critical shall be included in this section. In the first update of the Plan, the vulnerability description should also include a discussion of future buildings' infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.4 Assessing Vulnerability: Estimating Potential Losses 44 CFR 201.6(c)(ii)(B) -~ Satisfactory/Unsatisfactory The Plan should describe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 6 16F2 3.3.5 Assessing Vulnerability: Analyzing Development Trends 44 CFR 201.6(c)(2)(ii)(C) Satisfactory/Unsatisfactory The Plan should provide a general description of ;and uses and development trends within the jurisdiction so that mitigation options can be considered in future land use decisions. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.3.6 Multi-Jurisdictional Risk Assessment 44 CFR 201.6(c)(2)(iii) Satisfactory/Unsatisfactory Multi-jurisdictional plans must assess each judsdiction's risks where they vary from the risks facing the entire planning area for each identified hazard. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 7 16F2 3.4 Mitigation Strategy 44 CFR 201.6(c)(3) Satisfactory/Unsatisfactory The Plan must include a mitigation strategy that provides the .~urisdict/on's blueprint for reducing the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.1 Local Hazard Mitigation Goals 44 CFR 201.6(c)(3)(i) Satisfactory/Unsatisfactory The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.2 Identification And Analysis of Mitigation Measures 44 CFR 201.6(c)(3)(ii) Satisfactory/Unsatisfactory The Plan shall include a section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified in Section 3.3. above, with particular emphasis on new and existing buildings and infrastructure. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 8 16F2 3.4.3 Implementation of Mitigation Measures 44 CFR 201.6(c)(3)(iii) Satisfactory/Unsatisfactory The Plan shall include an action plan describing how the actions identified in Section 3.4.2 will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 3.4.4 Multi-Jurisdictional Mitigation Strategy 44 CFR 201.6(c)(3)(iv) Satisfactory/Unsatisfactory Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEM^ approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 16F2 3.5 3.5.1 3.5.2 3.5.3 Plan Maintenance Procedures Monitoring, Evaluating and UPdating the Plan ~.~. CFR 201.6(c)(4)(i) Satisfactory/Unsatisfactory The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the Mitigation Plan within a five-year cycle. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: 44 CFR 201.6(d)(2) & 44 CFR 201.6(d)(3) Satisfactory/Unsatisfactory The Plan must be reviewed and revised, if appropriate, by the local jurisdiction and resubmitted to the State Hazard Mitigation Officer for initial review and coordination within five years of a plan's or a plan's update approval by FEMA. Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: Implementation Through Existing Programs 44 CFR 201.6(c)(4)(ii) Satisfactory/Unsatisfactory The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the Mitigation Plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. ~ Section and page number where information can be found within your County's Plan: FEMA & STATE JOINT COMMENTS: Continued Public Involvement 44 CFR 201.6(c)(4)(iii) Satisfactory/Unsatisfactory The Plan shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. Section and page number where information can be found within ~our County's Plan: FEMA & STATE JOINT COMMENTS: 10 16F2 ATTACHMENT E DRAFT THE LOCAL MITIGATION PLAN MINIMUM STANDARDS OF ACCEPTABILITY REGION IV General Considerations For the initial review of Local Mitigation Plans under Section 322 of the Disaster Mitigation Act of 2000 (Section 322), Region IV will only utilize the satisfactory and unsatisfactory categories on the Plan Criteria Worksheet. Comments will be submitted to the State for both categories. Unless otherwise changed, future updates of the Plan will utilize the full evaluation system (consisting of unsatisfactory, needs improvement, satisfactory and outstanding) in reviewing the Plan. If the Local Jurisdiction references a document in its Local Mitigation Plan and does not attach a copy of the same to the Plan, the Local Jurisdiction must insure that Region IV has a copy of the document on file at the Regional Office. 44 CFR 206.1 (a)(1)- For disasters declared after November 1, 2003, a local government must have a mitigation plan approved pursuant to this section in order to receive Hazard Mitigation Grant Program (HMGP) project grants. Until November l, 2003, local mitigation plans may be developed concurrent with the implementation of the HMGP project grants. 44 CFR 206(a)(2)- Regional Directors may grant an exception to the plan requirement in extraordinary circumstances when justification is provided. This justification must clearly document the actions taken by the community to meet the Section 322 planning requirements and all circumstances that hindered the community's ability to produce ~ local mitigation plan. In these cases, a plan must be completed within 12 months of the award of the project grant. Ifa plan is not provided within this timeframe, enforcement remedies pursuant to 44 CFR 13.43(a) shall apply. 3.1 3.1.1 3.1.2 3.1.3 3.2 16F2 Prerequisites Adoption by the Local Governing Body 44 CFR 201.6(c)(5)- The Plan shall include a copy of the executed resolution formally adopted by the governing body of the jurisdiction requesting approval of the plan. Multi-Jurisdictional Plan Adoption 44 CFR 201.6(c)(5)- Multi-jurisdictional Plans shall include a copy of the executed resolution formally adopted by the governing bodies of each of the jurisdictions requesting approval of the plan. Multi-Jurisdictional Planning Participation 44 CFR 201.6(a)(3)- Multi-jurisdictional plans may be accepted, as appropriate, as long as each jurisdiction has participated in the planning process. Statewide plans will not be accepted as multi-jurisdictional plans. The Plan must document how each jurisdiction participated in the planning process. The Planning Process 44 CFR 201.6(b) Requires that the Plan document open public involvement in the planning process. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include the following: 44 CFR 201.6(b)(1) The Plan must provide and document that the public was given an opportunity to comment on the plan. At a minimum, the community will conduct one public meeting during the drafting stage and one public meeting after the completion of the draft and prior to the plan's approval to solicit formal comments on the plan. In addition, the Plan must document the community's efforts to solicit comments from those residents who did not attend the public meetings. 44 CFR 201.6(b)(2) The Plan must provide and document that neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, businesses, academia and other private and non-profit interests were invited and encouraged to actively participate in the planning process. 2 3.2.1 3.3 3.3.1 3.3.2 3.3.3 16 2 44 CFR 201.6(b)(3) The Plan must include documentation, where appropriate, that existing plans~ studies, reports, and technical information were reviewed and incorporated into the plan. This documentation must include Flood Mitigation Assistance and Community Rating System plans, if applicable. Documentation of the Planning Process 44 CFR 201.6(c)(1)- The Plan shall include a description of the planning process used to develop the Plan, including how it was prepared, who was involved in the process, and how the public was involved. Risk Assessment Identifying Hazards 44 CFR 201,6(c)(2)(i)- The Plan must include a description of the type of all natural hazards that can affect the jurisdiction. At a minimum, the Plan must address the following hazards: Earthquakes; Tsunamis; Coastal and Riverine Erosion; Landslides/Sinkholes; Hurricanes and Coastal Storms; Severe Storms/Tornadoes; Floods; Wildfires; Dam/Levee Failure; Drought/Heat Wave; and Winter Storms/Freezes. The description must document how any additional hazards were identified. If any of the above hazards are excluded, the Plan must document why they were excluded from the jurisdiction's hazard analysis. Profiling Hazard Events 44 CFR 201.6(c)(2)(i)- The Plan must include a description of the location and extent of each identified hazard that can affect the jurisdiction. The Plan shall include information on previous occurrences of hazard events and on the probability of future hazard events for each identified hazard. When appropriate, the hazard analysis should also identify on a map the areas affected by each identified hazard. Assessing Vulnerability: Identifying Assets 44 CFR 201.6(c)(2)(ii)- The Plan shall contain a description of the jurisdiction's vulnerability to each identified hazard. The description shall include an overall summary of each identified hazard and its impact on the community. 16F2 44 CFR 201.6(c)(ii)(A)-The Plan should describe vulnerability in terms of the types and numbers of existing buildings, infrastructure, and critical facilities located in each identified hazard area. A rationale for designating a facility as critical shall be included in this section. In the first update o£the Plan, the vulnerability description should also include a discussion of future buildings' infrastructure and critical facilities, and the potential human and economic impact that each identified hazard would have on the jurisdiction. 3.3.4 Assessing Vulnerability: Estimating Potential Losses 44 CFR 201.6(c)(ii)(B)- The Plan should describe vulnerability in terms of an estimate for each identified hazard of the potential dollar losses to vulnerable structures identified in Section 3.3.3 and a description of the methodology used to prepare the estimates. 3.3.5 Assessing Vulnerability: Analyzing Development Trends 44 CFR 201.6(c)(2)(ii)(C)- The Plan should provide a general description of land uses and development trends within the jurisdiction so that mitigation options can be considered in future land use decisions. 3.3.6 Multi-Jurisdictional Risk Assessment 44 CFR 201.6(c)(2)(iii)- Multi-jurisdictional plans must assess each jurisdiction's risks where they vary from the risks facing the entire planning area for each identified hazard. 3.4 Mitigation Strategy 44 CFR 201.6(c)(3)- The Plan must include a mitigation strategy that provides the jurisdiction's blueprint for reducing,the potential losses identified in the risk assessment based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on-going field and database verification projects for repetitive loss properties. 3.4.1 Local Hazard Mitigation Goals 44 CFR 201.6(c)(3)(i)- The Plan shall include a description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. 16 2 3.5 3.4.2 Idemification And Analysis.of Mitigation Measures 44 CFR 201.6(c)(3)(ii)- The Plan shall include a section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified in Section 3.3.1 above, with particular emphasis on new and existing buildings and infrastructure. 3.4.3 Implementation of Mitigation Measures 44 CFR 201.6(c)(3)(iii)- The Plan shall include an action plan describing how the actions identified in Section 3.4.2 will be prioritized, implemented, and administered by the local jurisdiction. This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. 3.4.4 Multi-Jurisdictional Mitigation Strategy 44 CFR 201.6(c)(3)(iv)- Multi-jurisdictional plans must contain individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally s~and and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. Plan Maintenance Procedures 3.5.1 Monitoring, Evaluating and Updating the Plan 44 CFR 201.6(c)(4)(i)- The Plan must contain a section describing the method and schedule of monitoring, evaluating and updating the Mitigation Plan within a five-year cycle. 44 CFR 201.6(d)(2) and 44 CFR 201.6(d)(3)- the Plan must be reviewed and revised, if appropriate, by the local jurisdiction and resubmitted to the 3.5.2 3.5.3 16F State Hazard Mitigation Officer for initial review and coordination within five years of a plan's or a plan's update approval by FEMA. Implementation Through Existing Programs 44 CFR 201.6(c)(4)(ii)- The Plan must include a description of the process by which local jurisdictions incorporate the requirements of the Mitigation Plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. Continued Public Involvement 44 CFR 201.6(c)(4)(iii)- The Plan Shall include a discussion on how the community will continue public participation in the ongoing mitigation planning process. 6 MEMORANDUM Date: To: From: Re: May 28, 2003 James von Rinteln Emergency Management Trish Morgan, Deputy Clerk Minutes & Records Department Agreement #03CC-96-09-21-01-429 Enclosed please find four (4) original documents as referenced above, approved by the Board of County Commissioners on May 27, 2003 (Agenda Item #16F3) . Please forward on to DCA for signatures and return a fully executed original back to the Minutes and Records Department. If you should have any questions, please call me at 774-8406. Thank you. Enclosures 16F3 Contract Number: 03CC-96-09-21-01-429 CFDA Number: 83.564 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin on the date of the fund offering letter, and shall end November 30, 2003, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. Final requests for reimbursement shall be submitted no later than fifteen (15) days after the 16F3 termination date of the Agreement. Any requests received after December 15, 2003, may in the discretion of the Department, not be reimbursed form this Agreement. Reimbursement requests shall not be submitted by fascimile tranmission. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to .be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check.or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (,5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow 2 16F3 the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made availabFe to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, un~ess extended in writing by the Department, with the following exceptions~ 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report as set forth in Attachment E. (b) Monthly reports are due to be received by the Department no later than 10 days after the end of each month of the contract period and shall continue to be submitted each month until submission of the administrative close-out report. (c) The close-out report is due 15 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment E. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient 16F3 ,'. 16F3 regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptrollerbr Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. ('9) DEFAULT; REMEDIES; TERMINATION (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 16F3 of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false'or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance 16F3 compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligiblel §. Exercise any other rights or remedies which may be otherwise available underlaw; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent au'thorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT 16F3 a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. b) The name and address of the Department contract manager for this Agreement is: Telephone: Fax: Email: c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: James von Rinteln, Coordinator Collier County Emergency Management Department 3301 E. Tamiami Trail, Bldg F Naples, FL 34112 Telephone: 239-774-8444 Fax: 239-775-5008 Email: j amesvonrinteln~colliergov.net d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed 16F3 null and void to the extent of such conflict, and shall be deemed severable, but shal~ not invalidate any other provision of this Agreement. (¢) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapprova~ granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans VV]th Disabilities Act (Public Law 101-336, 42 U.S.C. Section i2i01 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disabilit7 in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entib/crime or on the disoriminato~ vendor list ~may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entit~ for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entib/, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entit~ in excess of Categor~ Two for a period of 36 months from the date of being placed on the convicted vendor or discriminator~ vendor list. (g) V~th respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency~ 16F9 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud 0r a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in 10 16F= accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this/~greement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 11 i6F3 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- prbflt organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. 12 16F' (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit c°mplied with the applicable provisions noted above. (13) SUBCONTRACTS (a) if the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 13 't 16F3 (14) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Assurances Attachment D - Justification of Advance Attachment E - Reports (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ '17',802 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181 (16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. 14 Attachment D will specify the amount of advance payment needed and provide an explanation, of the necessity for and proposed use of these funds. ' 1. N/ No advance payment is requested. 2. __ An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligatioh to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 15 16F 16 (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall 16F3 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the 17 Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it pOSsesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 18 16Fi} IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS COLLIER COUN~FLO.~/ · By: Tom Henning, C~ Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: ~ FEID # 59-6000558 Approv~ed as to Form and Legal Sufficiency ^s4i;tant GoUty Attorney 19 16F EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more titan one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number ) - $ (amo~ COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: q . First applicable compliance requirement (e.g., what services/purposes resources must be used for ). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NO TE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the htnguage may state that tit e recipient must comply with a specific' law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent tnore than one Federal program, provide the same information shown below for each Federal program and show total State resources awarded for matching. FederalProgram (list Federal agency, Catalog of FederaI Domestic Assistance title and number ) - $(ttnota~ SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: I[ the resources awarded to the recipient represent more titan one State pro]ect, provide the same information shown below for each State pro]ect and show total state financial assistance awarded that is' sub]ect to Section 215. 97, Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number ) - $ (amotag) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TH1S AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance reqttirements in the same manner as ilhtstrated above for Federal resources. For ntatching resourcex provided by the Departme,t of "ABC"for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the e. vtent that differettt requirements 16F3 NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. pertain to different amounts of the non-Federal resources, there may be more titan one grouping (i.e., 1, 2, 3, etc.) listed under this category. 16F Attachment A Budget and Scope of Work I. SCOPE OF WORK The Recipient will provide, in the required timeline and deliverable documents, subject to approval by the Division of Emergency Management, information relating to the recipient's plans, accomplishments and delivery of the following items and activities as represented in the proposal to start-up or expand the Citizen Corps program administered by the Recipient, utilizing funding under this sub-grant. Applicant must meet with their corresponding County Emergency Management Director to discuss the program, assess the needs of the community, and agree to pta'sue the program. Develop a method to collect and track data, including Citizen Corps members, council meetings, council activities, etc. Recipient agrees to maintain adequate records of council formation and individual training and subsequent meetings, reporting requested information to FDEM-Citizen Corps Program Office on a monthly basis. Do Recipient will notify the FDEM-Citizen Corps Program Point of Contact of the name, location, and estimate of percentage of the county/municipality population covered by the local council, and council orientation. Provide sufficient clerical/administrative support to handle timely the administrative aspects of the Citizen Corps program related to this grant. Exact contact information for the Citizen Corps Administrative Support Individual must be provided at the time of grant submission and updated or verified with each monthly submission. To report on a monthly basiS any activation of a Citizen Corps or components thereof for actual emergency duty, projects, information fairs, or other usage via the information format required in the product deliverables below. II. A. PRODUCT ITEMS The following information and documentation must be provided in the first monthly progress report due prior to June 15, 2003: 1. One-page summary of meeting held between applicant and their con'esponding County Emergency Management Office to discuss the Citizen Corps program. 2. A revised budget. 3. A timeline for key activities during period of sub-grant, to include at a minimum: Bo Co 16F3 a.. Officially registering as a Citizen Corps Council by receiving official support from local authorized representative and submitting request on the-National Citizen Corps Website. b. Strategy and methodology for recruitment of members. c. Procurement of all materials and supplies to operate the council and to support public education and outreach activities d. Estimate number of publications distributed to public. e. Estimate number of people trained in community preparedness and family safety measures, to include first aid, emergency preparedness, and general safety precautions. f. Estimate number of volunteers participating in formal programs relating to crime prevention, emergency preparedness, mitigation or response, and public health needs. g. Plans to maintain Citizen Corps members, indicating how they can be used to supplement: emergency management activities in disaster and non-disaster situations. h. Plans to utilize Citizen Corps in expanded program activities. A complete listing of all Citizen Corps Councils currently in their jurisdiction. Listing will include council name, general area of coverage, and contact person's email address and phone number. The following will be provided in all subsequent monthly progress reports: 1. Documentation 0fregistration as an official Citizen Corps Council. 2. A list of materials and supplies purchased for each Citizen Corps member funded under this sub-grant. 3. A list of the number of publications distributed to the public. Roster(s) of volunteers trained during the grant period and formation of the new Citizen Corps Council. Roster should include, at minimum: name of member and date training completed, and for new Citizen Corps Councils: Name of council, location coverage, contact information, including e-mail address and phone number. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the Citizen Corps program under this sub-grant and courtesy copies of other program promotional items. 6. A list of other Citizen Corps activities related to this sub-grant. 7. Total amount of grant funds used to date and for what activities. To submit with the monthly report, a report of Citizen Corps activation for emergency or non-emergency situations. Report should detail date, council name, number of Citizen Corps members activated, brief description of activity. This will include situations where Citizen Corps members have augmented a community's emergency management capability. 16F3 II. SCHEDULE OF WORK AND PAYMENTS By July 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work or prepare the products should be submitted. By August 1,2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Co By September 1,2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. By October 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. By November 1, 2003 a monthly report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to. the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Fo By November 30, 2003 the final closeout report with the appropriate documentation as listed in Part II.B. and Part II.C. shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Recipient agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not exceed more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from these funds. 16F3 Attachment B Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Chapter 287, Florida Statutes 3 Chapter 119, Florida Statutes 4. Chapter 60A-l, Florida Administrative Code 5. Chapter 215.97, Florida Statutes (Audit Requirements) 6. Chapter 215.34(2), Florida Statutes 7. Chapters 10.550 (local government entities) or 10.650 (non-profit organizations), Rules of the Auditor General 8. OMB Circular A-133 (if applicable) 9. Section 112.061, Florida Statutes 10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration and Nationality Act ("INA") 11. Section 768.28, Florida Statutes 12. Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) 13. OMB Circulars A-87 and A-102 14. Chapter 216.181(16), Florida Statutes 15. 48 Code of Federal Regulations, Part 31, if applicable 16F3 Attachment C Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a ~vork xveek; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (b) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 (c) (h) (i) (k) (1) 16F employment during the perforlnance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employrnent, upg'rading, demotion, or transfer; recruitment or recruitment advertising; iayoffftermination, rates of pay or other forms of compensation; and election for training and apprenticeship; The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Lax,,, 101-336, 42 U.S.C. Section 12101 et seq.), `,,,,here applicable, `,vhich prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation. State and local government services, and in telecommunications; It `,','ill establish sa[eguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire roi' private gain for themselves or others, particnlarly those with whom they have farnily, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of ,,,,'ages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594, 598,600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquigition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; 16F (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with SeCtion 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposect activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeol6gical Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement xvill involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed 16F3 (n) by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties' ma.',' be present and be affected by such activities. The SHPO ,,,,'ill advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or ,,`,,ill make recommendations roi' the development of a treatrnent plan roi' the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological P,-operties." Recipient shall forward information regarding the treatment plan to FEMA, tile SHPO and the Council for ,-eview. If the SFIPO anti the Council do no object within 15 calendar days of receipt of the treatment phm, FEMA may direct Recipient to implement tile treatment plan. If either the Council or tile SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a knov¥'n historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modific,Stions to the project scope of work necessary to in-tplement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) (p) (q) (0 (s) (t) (u) (v) (w)- (x) (y) (z) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-4-5-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 16F3 It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison P,-evention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; 16F3 (aa) (bb) (cc) (dd) (ee) (fl) (gg) (hh) (ii) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of' 1966, 16 U.~.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply xvith the requirements of Titles Il and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive'Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural 'state as though no improvements had ever been contained there on. 16F 3. Furnish documentation of all qualified personnel, licences a.nd all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: o a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or other~vise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. 11. 12. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Polify and Conservation Act ( Public Law 94 -163). Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F}R. Part 15). This clause shall be added to any subcontracts. Provide documentation of public notices for demolition activities. Attachment D Justification of Advance 16F3 Attachment E Reports 16F3 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT i6F3 CONTRACTUAL FORMS and REQUIREMENTS Form 1: 1. This report must be completed in full prior to June 15, 2003 in order to be considered in compliance with the terms &the contract. Monthly Status Report Form 2: This report must be completed in full each month. This is a required report and must be submitted within 10 days of the first of each month in order to be considered in compliance with the terms of the contract. If expenditures do not occur during a given month, a complete explanation should be given on Form 2. Reimbursement Request (Form 3) and Detail of Claims (Form 4): 1 2 3. 4. 5. These forms are to be filed as needed. It is not necessary to wait until the first of each month. Complete Form 3 by filling in all items as needed. Do not send blank forms. Submit form 4 for budget categories (e.g. Personnel, Travel, etc.) in which you have incurred expenditures. The Detail of Claims form must accompany the Reimbursement Request form. Do not include back up documentation with these reports unless it is a deliverable that is outlined in the scope &work. Maintain back up documentation, as it ~ill be needed when audited. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. Claims are to be submitted to the following address: DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT OFFICE OF POLICY AND PLANNING CITIZEN CORPS/CERT PROGRAM 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form 5): Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. The contract cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and verified during on- site monitoring visits or when necessary by the DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. Backup documentation of expenditures should not be sent to the DEM. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections. All forms must be submitted in hard copy with original signature to be considered in compliance with the terms of the contract. Forms may be downloaded from the lnternet. Please be sure to save the files in the appropriate format before attempting to use. The address is: http://w~v~,.floridadisaster, or~o/director office/citizen corps/, click on reports under the title: Citizen Corps/CERT FY02 Sub-Grantee Recipients. THIS IS A REQUIRED DOCUMENT COUNCIL - FORM 1 16F DUE PRIOR TO JUNE 15, 2003 Please provide the following information that is to occur during the contract period (attach additional pages if needed): 1. Summary of meeting held between Recipient and Corresponding Emergency Management Office, if applicable 2. Revised Budget 3. Timeline of Key Activities 4. Complete Listing of all Citizen Corps Councils currently in jurisdiction MONTHLY STATUS REPORT THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED MONTHLY COUNCIL - FORM 2 MONTH REPORTED: 16F5 I. DATA: Total for Month Total to Date Number of public education and outreach activities held Number of preparedness and mitigation publications distributed to the public Number of people trained in community preparedness and family safety measures, to include first aid, emergency preparedness, and general safety precautions Number of volunteers participating in formal programs relating to crime prevention, emergency preparedness, mitigation or response, and public health needs II. SUBMISSIONS: Please check one. If not submitted, please explain why in the narrative below. Submitted Not Submitted Documentation of registration as an official Citizen Corps Council List/Invoice of Equipment and Supplies Purchased List of Publications distributed to the public Roster(s) of volunteers trained Sample copies of promotional, educational, and recruitment materials produced List of other Citizen Corps activities III. GRANT FUNDS: Total for Month I Total to Date I Grant funds used IV. ACTIVATION 1. Was their any activation of Citizen Corps for emergency or non-emergency situations during the month? YES NO 2. If yes, for how many times? and how many total Citizen Corps volunteers were activated? Council-For V. Narrative: Please discuss at minimum: work that has been completed, events, progress delays, all reasons why specified documentation was not submitted with this report, any adjustments made to the timeline of the program and/or earlier monthly submissions, and an explanation if expenditures did not occur during the month. Attach additional pages if needed. REIMBURSEMENT REQUEST FORM 3 16F3 Request for Payment Date: GRANTEE: Request for Payment #: ADDRESS: AGREEMENT #: COSTS INCURRED DURING THE PERIOD OF: Phone Number: AGREEMENT AMOUNT: / / THROUGH 1 PERSONNEL $ 2 FRINGE BENEFITS 3 TRAVEL $ 4 EQUIPMENT $ 5 SUPPLIES $ 6 OTHER $ 7 TOTAL EXPENDITURES I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer AWARD AMOUNT - $ PREVIOUS PAYMENTS - $ THIS PAYMENT -$ REMAINING BALANCE -$ TO BE COMPLETED BY DEM TOTAL AMOUNT TO BE PAID ON THIS INVOICE I I I I I I- I ~ io 1° I~, Department of Community Affairs 2555 ~humard Oak Boulevard Tallahassee, Florida 32399-2100 Close-Out Report - Form 5 This form should be completed and submitted to the Department no later than fifteen (15) days after the termination date of the Agreement 1_6F3 Grantee Address City and State Agreement No, Agreement Amount Agreement Period Grant Award Cash Cost Categories Expenditures Match Match Expenditures If-2.3} Personnel 1 Fringe Benefits Travel 3 Equipment (only Rems over $S000) 4 Supplies Other 6 7 TOTALS S Total Funds Received From The Department of Community Affairs Under This Agreement (Column 6, Line 8) Less Total Grant Award Expenditures (Col. 1, Line 7) Equals Balance of Agreement Owed to DCA Refund Due to the State? Refund Check Enclosed? Yes No Yes No If No, Enter Date that Refund will be Submitted Refund and/or final interest check are due no later than ninety (90) days after the expiration date of the Agreement. Make Check Payable To: Cashier Department of Community Affairs Mail To: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Funds Race veal Under this Agreement Date Amount 1 2 4 6 7 8 TOTAL $ 'include Any Advanced Funds Received Less Total Funds Received under this Agreement [Column 6, Line 6) Balance oi' Agreement I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project tn this Agreement. Signed Contract Manager or Financial Officer Date 16F6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 22, 2003 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 27, 2003 1611 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Co Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements from April 19, 2003 through April 25, 2003 2. Disbursements from May 3, 2003 through May 9, 2003. Districts: 1. Collier Soil and Water Conservation District a) Change of Regularly Scheduled Meetings Minutes: Pelican Bay Services Advisory Committee - Agenda for May 7, 2003, Minutes of April 2, 2003. Collier County Planning Commission - Agenda for May 1, 2003; Minutes of April 3, 2003; Agenda item 8D; Petition PUDZ-2003-AR-3569 North Naples R&T Park PUD. Development Services Advisory Committee - May 7, 2003, Minutes of April 2, 2003. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of March 21, 2003. o Bayshore/Gateway Triangle Local Redevelopment Advisory Board - Agenda May 7, 2003 Radio Road Beautification M.S.T.U. Advisory Committee - Minutes of April 15, 2003, Agenda for May 4, 2003; Minutes of April 15, 2003. Bayshore Beautification M.S.T.U. - Minutes of April 9, 2003; Agenda for May 14, 2003; Minutes of April 9, 2003. Vanderbilt Beach M.S.T.U. Advisory Committee - Minutes of April 2, 2003; Agenda for May 1, 2003; Minutes of April 24, 2003. o Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee - Minutes of April 18, 2003; Agenda for May 9, 2003; Mimaes of April 18, 2003. Clerk of the Circuit Court Collier County, Florida RECEIV~ (&oard of County Commissioners Finance & Accounting Department MEMORANDUM Date: From: Re: 04/25/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period April 19, 2003 through April 25, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. o u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u ii~iiiii .~ .~ ~ ...... ~ ~ ~ ~ ~ ~ ~ ~ii!ii ~ ~ ~ ~ ~ ::~::: ~o ~ ~ ::~ .... ~<~~ ~ ......... ~ m ~ o ~ ~ o :i~::: ~ ~ ~ ~ ~ ~ ~ ......... 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Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period May 3, 2003 through May 9, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 0 0 0 o 0 0 ? .o ? .o o ~oo~o~o~o;o~o;~ 0 U o~§~ 0 ooooooooooo 0 o OO~o°~ o o o o o o o o ooOO~ ~ ooo oo 0 o o o ~oo ........ o 00000000o0000000000000000000000°00000000000 0000000000o00000 ?, 00000000000000000o0000000000000000000000000 ~~~~~;~8~§~°~8°§°~8~§§§§~°§~o o o o 000000o0o00o0000o000 ooooo o ooo~g °SSS~ o oog ~ g g § g oooooooooooooooooo gg§o§§§ggg§§o§§o§~o o o oo¸ ~oooooooo o ~oo~0000o000~o0000 o o o o o o 0 O~o°? o 0 oo o o o o ¸ ..... ooooo ...... oo~ o~ oO~ ~oo ~ o 0 o o o o o o o o o o~ oooooooooooooooooooooooo oooooooooooooooooooooooo oooooooooooooooooooooooo oooo oooo oooo o o ' U U ~3 ~ U ~ ooooo ooooo ooooo ooooo ooooooooooooooooooooo oooooooooooooooooo ~ooo~oo~o o .~.~.~.o?.~ ??.~.~.~ ~ ogo°o°o°o°°o°o°o°~°o ~ ~ © , 0 ..... o ooooooooooooooooooooo oooooooooooooo oo~ o o 0', ,..o 0 go°°~o o~o~ uuu~i 0 0 0 ?~ o° o° ° ~o o§oo~§ oooooo 0 0 CD CD tO CD O0 O0 O0 ~o o 0 0 0 0 0 0 0 ~ o o ~ o o o c oooooooooooooooooooooooooo ooooooooooooooo o 0 0 ooo~Zoo~o~ooo~o~Z~o oZooo~o~~ ooooooooooooooooooooooooooooooooooooooooooo g§goggggogg§gggg§ggoggggggoogggg§gggg§§ggggo o o oo 0 0000000000000000000000000000000000000000000 o00000000000000000 oooooooooooooooooocoooooooo ooooooooooooooooooooooooooooooooooooooooooo o o Z§§°§o %~~oo~§o~ §~oo§o~o 0 o°o°o°o°o°o°o° 0 Oo°o°~ o o o 0 ooo ooo ooo o°o°o°°o°o°o°o°o°°o°o°o°o°o°go°°o°o o o oooooo ooooo~ o o o © © o o o 0 0 0 0 0 0 0 0 © ? .~ ?.~ ~ ooooooooooooooo o o o o o o o o o o o o o o o ........ ogggo§g~ o o o o o o o o o o o o o ~ o o o o ED ~,~ooOO ~oo~ooo oooo o o o ~oE~oE~ooEoooo~ooo ooo~ ooooo§og§gg § g888 ~°o°o°~o ~~o o oooooo o°§o°°o°o°~o°o°o°o°,~o°§o°o°o°-°o o o o o §O§§o 000oo000o000o00oo0000oo00000ooo0000000o0o00 o o o o o o ? ? ? ? ? ? ? ~ oooooooooooooooooooooo ooooocoooooooooooooooo oooooooooooooooooooooo ~ooooooooooooooooooo ~~o o o o .... o o o ~o .... o o o ~o .... o o o ~o ooo -.I~°°~©o o ooooooooo o°o°°o°o°go°o°§-~o g§g§§§§§g§gg~ggg§g§ggg§gg 0 0 oooo oooo o~go oOoOoo o o o © oooooooooo oooooooooo oooooooooo ~U~UUUUU ~8 o o oo oo ooooooooooooo ooooooooooooo ooooooooooooo ooooooooooooo o°o°E°o o o o o o o o ooooooooooo I..4 ~o~o o o o o 0 §°~o o~ .... 22 ooooooooooooooooooo U o o o ("3 0 H ooooooooooooooooooooo §§88§°8§§°8§§8°°§§88§§§§8888§8o o oo o o o o o o o o o o o o o o o o ~ o o © o o o o o o o o o o o o o o o o o o o o°°g§o°.~o 0 0 CD 0 oOoOoOO o ~n ~§oo RECEIVED Board of Count~ Commissioners MEMORANDUM 1611 Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: May 13,2003 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. COLLII::R ~OIL AND WATI=R CONRI=RVATI(~N DISTRICT Pursuant to Florida Statutes Chapters 189 and 190, Collier Soil and Water Conservation District, has submitted the following: (a) Change of Regularly Scheduled Meetings Thank you :\special\special Collier Soil and Water Conservation District Agriculture Center, 14700 Immokalee Road - Naples, FL 34120 Phone (239) 455-4100 - FAX (239) 455-2693 May 7, 2003 Enas Khalil Clerk of Circuit Court Finance Departmem 2671 Airport Road S., Court Plaza III Naples, FL 34112 Dear Ms. Khalil: The Collier Soil & Water Conservation District has changed the day of it's regular business meeting to the third Thursday or the month. The meetings are still held at the Collier County Extension Service at 14700 Immokalee Road but the time has also changed to 8:30 a.m. Sincerely, Nancy Hughes Administrative Assistant CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Fiala J Halas Henning Coyle Coletta // AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 1.. 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILD~[tG, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 6. 7. 8. 9. PLEDGE OF ALLEGIANCE ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES - APRIL 3, 2003 PLANNING COMMISSION ABSENCES - RUSSELL BUDD ABSENT APRIL 17, 2003 BCC REPORT- RECAPS- MARCH 25, 2003 AND APRIL 8, 2003 CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS Ae BD-2002-AR-3544, Michael Hawkins, of Turrell and Associates, representing Susan H. Alexander, requesting a boat dock extension of 30 feet from the maximum allowable 20 feet. If approved, the petition will permit the construction and maintenance of a boat dock protruding 50 feet into the waterway, The property to be considered for the boat dock extension is located at 138 Tahiti Circle, further described as Lots 142 and Lot 143 less east5 .~t'i~fLot 142, in Section 32, Township 51 South, Range 2__6.6 East, Collier County Florida. ~fi..'s pr~!~fF~_s.~S located in the .Isles of Capri No. 2 Subdivision. (Coordinator: Ross Gochenaur) B. VA-2002-AR-2525, Robert Davy and Mark Allen representing Little Hickory Shores Unit 3 Re-plat homeowners, requesting a variance from the required boathouse setbacks from 15 feet to 0 feet to coincide with Resolution 2000-51 which reduced the side yard setbacks from 7.5 feet to 0 feet for dock facilities; waive the requirement for a separate boathouse petitions and grant one boathouse petition for all affected lots; and waive the requirement that roof material and color be the same as that on the primary structure for property located in the Hickory Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) C. PUDZ-2002-AR-3245, Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., representing Bay Forest Homeowner's Association, Inc., an amendment to the Bay Forest PI_rD for the purpose of revising the language under Permitted Accessory Uses and Structures to state "Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outside of the project shall be permitted", for property located at 377 Bay Forest Drive, Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1414- acres. (Coordinator: Ray Bellows) D. CU-2002-AR-3142, Stephen Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Commissioners, requesting Conditional Use for a regional park in the "A" Rural Agricultural zoning district per Section 2.6.9.2. for property located offthe future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 212.774-. (Coordinator: Fred Reischl) E. CU-2003-AR-3730, David A. Titsch, of Titsch & Associates Architects, Inc., representing East Naples Fire Control District, requesting Conditional Use 11 of the "C-4" zoning district. This project will consist of a fire station. The property is located on the southeast comer of Bayshore Drive and Jeepers Drive, further described as Lot 107, Naples Grove & Track Company Little Farms No. 2., in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.63+ acres. (Coordinator: Kay Deselem) 9. OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDA/SM/loS/01/03 April3,2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, April 3, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abemathy Mark Strain David Wolfley Dwight Richardson Lora Jean Young (Excused) Lindy Adelstein Paul Midney Brad Schiffer ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Services Marjorie Student, Assistant County Attorney Ross Gochenaur, Planning Services Fred Reischl, Planning Services Kay Deselem, Planning Services Pledge of Allegiance was recited. Roll call was taken - a quorum was established. Addenda to the Agenda - Mr. Strain added- April 9th meeting - time frame. Also noted the packet did not have March 20th minutes as stated on Agenda. Item 8D - Continued VA-2002-AR-2525 until May 1st for petitioner and neighbors to work out some differences. Mr. Pires, Woodward, Pires & Lombardo -has been retained from some of the residents of the Little Hickory Shores Subdivision with concerns about issues and recognize the petitioners request for continuance. Discussion followed on procedure. Joe Schmitt mentioned this is dealing with a boat house and a variance already exists with lot lines and the boat docks. This procedure was approved over three years ago. Mr. Schmitt stated this is not out of the ordinary. This is a result of a code enforcement case. Mr. Adelstein moved to continue Item 8D - VA-2002-AR-2525 until May 1st, 2003. Seconded by Mr. Budd. Carried unanimously 8-0. 4. Approval of Minutes - March 20, 2003 - Do not have in packets. 5. Planning Commission Absences - April 9th - LDC Meeting (5:05 PM) - Mr. Budd, Mr. Adelstein & Mrs. Young will not be in attendance. April 17th - Mr. Budd & Mrs. Young will be absent. BCC Report- Recaps- March 11, 2003 -none Chairman's Report - Mrs. Young had surgery and doing fine. Advertised Public Hearings: Ao BD-2002-AR-3301 - Dominick Novello, Jr. of Novello Building Co., representing Chris Summerton, requesting approval of a boathouse to be constructed on an existing dock on property located at 464 Oak Avenue, Connors Vanderbilt Beach Estates. Disclosures - Mr. Richardson received e-mails from citizens in the area. Mr. Strain received e-mails from Chris Carpenter, Bruce Gray, BJ Savard-Boyer & Bruce Burkhart. Mr. Abemathy received an E-mail from Mr. Burkhart and did not read. Mr. Adelstein also received E-mail from Mr. Burkhart and did not read. PETITIONER Mr. Novello stated they meet all 6 requirements for what is being proposed. Want to put a boathouse on an existing dock which was legally permitted. There was a discrepancy of a survey that Mr. Strain received with the setback showing 14.2 feet with someone penciling over it making it 15.2 feet. Mr. Novello's recent updated survey shows 15.2 feet. STAFF Ross Gochenaur stated he has a signed sealed survey. There was some confusion as to which survey is correct with the setback. Mr. Novello mentioned it was 14 feet, took of the deck plank and then met the 15 foot setback. The overhang and building it over the pilings was discussed. Ross said the boathouse can be built anywhere within the building envelope of the dock. Mr. Strain asked about the seagrass beds. Ross quoted different sections of the LDC pertaining to the seagrasses also noting this is a petition, not a conditional use or variance. It is heard only by the Planning Commission. A boathouse is an accessory use - permitted accessory to a dock facility. Ross also noted as long as they stay within the envelope, they can build on the existing pilings. Mr. Schiffer asked about the roof over the property line and supports. Mr. Novella mentioned they have to get engineering for the header with the roof being built on the supporting header. Ross said if someone constructs the boathouse over an inset dock, they treat it as an accessory structure to the home for the rear yard and is required to meet setbacks for rear yard accessory structure. He has never had anyone ask permission for a boathouse to intrude into the rear yard. Several other questions concerning the structure, cantilevering over the property line and the roof line were asked of the petitioner. Many of these will be scrutinized when a building permit is submitted and must meet the setback requirements. The owner can extend over his own property. Mr. Schiffer is not comfortable with the drawing submitted to the Committee. Ray Bellows - Chief Planner - the building permit will be engineered by a Certified Engineer and will contain all the appropriate dimensions etc. Mr. Schiffer stated he has concerns on the drawings and wondered if they can be removed from their packets. It was noted they are not approving the drawing, just the theory he can put the boathouse in. The Resolution does not contain the drawing as an exhibit. Mr. Abemathy stated all this discussion could have been eliminated if Mr. Gochenaur would have gone first and ironed out some of the issues and concerns they had. The petitioner doesn't always have all the answers to the questions the Commissioners are asking. Ifa staff member would go first and lay the ground work it would be more beneficial. Mr. Schmitt disagrees, seeing it is the applicant's petition, if it is presented poorly, the Board has the option to dismiss it - they are not there to defend it but to defend the staff's position. Mr. Strain expressed that at times the Planning Commissioners were concerned that staff was representing the petitioners too often, thus the new process. Ross Gochenaur stated the petitioner meets all criteria and recommends approval. SPEAKERS Ed Maguire - a handout was given to the members. He is a 28 year full time resident and next door to the resident seeking the boathouse and is protesting it. His handout showed what he has to look at and what he will lose if the boathouse is constructed. He mentioned past problems he has had with the neighbor, Mr. Summerton. There have been disputes over the past. There is a provision of the law that speaks to an implied easement for land, air and view which a person has had many years of uncontested use, and allows for retention use under adverse possession. He feels this view falls into that category. His view will be denied if the boathouse is approved. He talked about the real estate value of the property being diminished. He spoke of the Summerton's not being good neighbors. Their view will be cut off completely from the horizon. Signs had been removed concerning the meeting before the Planning Commission and then replaced again. He is asking for denial of the Boathouse. Mr. Richardson talked about the rights of the Land Development Code is concerned. He determined once a permitted dock goes into place, and meets all criteria, they then ask to put the dock up. Then the Planning Commission has 6 criteria to look, and no criteria to deal with in the issue Mr. Maguire has brought to their attention. He feels their hands are tied. Marjorie Student - Assistant County Attorney - she spoke to the subject Mr. Richardson spoke about on Mr. Whites behalf. She wished persons would call the attorneys office in matters such as this. Mr. Maguire stated he did call and spoke with Ellen. Ms. Student stated there is a matter of private rights between individuals and the County is governed by the criteria of the Land Development Code whether the boathouse should be approved or not. Her position is that they are governed by the criteria for the denial or grant of a boathouse and if any easement issues - will lie between the property owner. She would have to defer to a Real Estate Attorney as to "view" being a problem. Ray Bellows mentioned the view corridor is protected through the setbacks of the dock which has to conform to the setbacks at the time to create the view corridor. Not entitled to any more or less then the setbacks provided that the dock conforms to and being no variance applied for the "view" corridor makes it not applicable. Much discussion followed concerning the view line, setbacks protecting neighboring properties, the impact on someone's view, modifying the application process, and canopies on vessels. The Planning Commission is a finder of facts, assess the credibility and the competency of the evidence presented and apply them to the criteria set in the Code for itemJs under consideration. Staff needs to see if there needs to be tweaking or additional criteria added. B.J. Savard -Boyer - homeowner - Vanderbilt Beach - she opposes the boathouse on Oak Ave. It will impact the view of Mr. Maguire and new persons east of the property. Her issues are with the amendments that were approved 2 or 3 years ago. The people will lose sunsets, not seeing the sky at all. There will be no view. If permitting boathouses on existing docks, there will be problems with many homeowners in the future. There are many docks on the properties, but she cannot imagine all the properties having a cover. She discussed the view of neighboring property owners. It has to be changed - a boathouse is different than a dock with a boatlift. The Land Development Code was discussed with the process of public hearings and changing the Code. The hearing is closed for discussion and motion. Mr. Strain mentioned the Planning Commission's job is also to protect the comforts and the interests of everyone. He has no problem with boathouses if the neighborhoods don't, but when they do, it is concern of review under Division 1.4 fostering the Public Health, Safety and Comfort. In this case he has to side with the public. Mr. Strain moved to recommend BD-2002-AR-3341 be denied. Mr. Schiffer seconded. Mr. Schiffer said when data is presented, it should be correct. Mr. Budd felt the drawings presented were structurally inaccurate and amateurish. What is intended is in the legal rights within the current code but view is obstructed. The property owner has the right to proceed with the dock and is subject to be overturned. It does comply with the current regulations and will vote no. Marjorie Student stated Division 1.4 is a general provision of the Code. She reiterated that the Commission is constrained by thc criteria to govern thc petition before them. 5 Mr. Abernathy agrees with Mr. Budd and doesn't like boathouses because of obstructing a view. Mr. Novello's presentation stated he will build the boathouse within the guidelines and of the law, and is in favor of approving it. Mr. Adelstein agrees with Mr. Budd, even though he agrees with the view issue, but doesn't feel they can change the rules now and are required to follow them. Mr. Wolfley stated they are there to protect the rights of the majority of the people involved. He sided with Mr. Strain in that it looks as those the rights of others are more affected than the property owner. Mr. Midney agrees with Mr. Strain's motion on the basis of Item 4 which states whether or not the proposed facility would have a major impact on the waterfront view of other neighboring waterfront property owners. Mr. Richardson is very sympathetic to the health, safety and welfare issue. One of his issues are they have other boathouse petitions and if it is not a concern on the issue, then they can fall back to the Code. This is so subjective and trying to agree on one or the other. Ross wasn't entirely convinced they have heard from the entire community on the subject. There were no letters sent directly to staff. He received only two phone calls concerning the project. Motion to disapprove carried 5-3. Those voting "no" were: Mr. Adelstein, Mr. Budd, and Mr. Abernathy. The Petitioner has 14 days to appeal the action to the Board of Zoning Appeals which is the Board of County Commissioners, if he so chooses. 9:55 AM Break 10:05 AM Reconvened BD-2002-AR-3341 - Roy Scott Ramnick, requesting approval of boathouse to be constructed on an existing dock on property located at 140 San Salvador Street, Isles of Capri. Those testifying were sworn in by Mr. Abernathy. PETITIONER Roy Ramnick - 140- San Salvador Street, Isles of Capri - stated he meets all the requirements for the boathouse and asked for an approval for permit. A new dock was put in six months ago. 6 There are no problems with the neighbors. STAFF Ross Gochenaur - a survey is not part of the requirements, just drawing of the dock as it is going on the property to meet the required set-backs. The dimensions of the boathouse are supposed to be the structural supports - the eaves are in addition to it. The Resolution will need to be changed from 32 feet to 30 feet. (30 foot Boathouse) One letter was received from owner 6 lots away (rental property). Meets all code criteria, one letter of objection to boathouses in general, one letter in approval of the project, another neighbor recommends approval and staff asks for approval. Hearing is closed for discussion and motion. Mr. Budd moved to approve BD-2002-AR-3341 subject to the stipulations listed in the Resolution and the modification of 32 feet to 30 feet for the boathouse. Seconded by Mr. Adelstein. Carried 7-0. (Mr. Wolfley was out of the room) C. BD-2002-AR-3515 - Turrell & Associates, representing Richard Ziko, requesting a 25-foot boat dock extension from the permitted 20 feet to construct a boat dock facility protruding a total of 45 feet into the waterway for property located at 256 Venus Cay, Port of the Islands (The Cays). Those testifying were sworn in by Mr. Abernathy. PETITIONER Mr. Michael Hawkins - Turrell & Assoc. representing Mr. Ziko - requesting a 25 foot dock extension with angle design. There are no objections and the neighbor is in favor of the angle design so navigation was not impacted from his dock. There is a home under construction. There are other boat docks with the angle design. There will be one boat slip. The Boat lift cannot start any closer than the 4.7 line. The extra distance is needed. STAFF No questions. Hearing is closed for discussion and motion. Mr. Budd moved to approve the petition BD-2002-AR-3515 subject to the attached stipulation. Seconded by Mr. Adelstein. Marjorie has concerns along with Mr. Schmitt that if there are problems with the regulations it needs to be handled with staff to study and bring back regulations and Development Code. If there is a problem with a boat house and it is not asked for, it has to be advertised and follow the appropriate processes. Mr. Abemathy felt it should be changed and generated from within. Motion Carried 8-0. VA- 2002-AR-3191 - Frederic Kramer, representing Dawn Winters, requesting an after the fact variance to the front and both side yard setbacks. Requesting to reduce the front yard from the required 25 feet to 15.85 feet, reduce north side yard from 7.5 feet to 3.25 feet, and reduce south side yard from 7.5 feet to 4.7 feet to allow the existing house to remain as it is. Property located at 112 Moon Bay Street, Collier County, Florida, located in the Port Au Prince Subdivision. All those testifying were sworn in by Mr. Abernathy. PETITIONER Dawn Winters - owner 112 Moon Bay Street - requesting an approval of the after the fact variance. When the home was put on the market a survey was done. The survey found the setbacks did not meet code on the property. Other owners had not been made aware of the problems until now. She has the support of the neighbors. This is a double- wide home. STAFF Ross Gochenaur - The home and addition was legally permitted before they required spot surveys to confirm the house meets the required setbacks. There have been no objections; one letter commended the owner on the maintenance of the property. Approval is recommended. Hearing is closed for discussion and motion. Mr. Strain moved to recommend approval for petition VA-2002-AR-3191. Seconded by Mr. Midney. Mr. Schiffer asked if the house was destroyed and rebuilt would the variance apply. Mr. Gochenaur replied the variance would go with the land. Mr. Schiffer would like to add a stipulation to the motion that if the house was rebuilt it would be according to code. Mr. Strain has no objection to adding it to his motion. Mr. Midney approved also. If the house is destroyed more than 50% it must then be built within the setbacks. Motion carried 8-0. VA-2003-AR-3658 - Beau Keene, of Keene of Engineering, representing Maria Martinez, Owner, requests a 3.3 foot after the fact front yard setback variance from the required 215 feet leaving 11.7 foot front yard for residential property located in the "E' Estates zoning district. Property for variance is located at 811 Everglades Blvd at NW intersection of 8th Ave. NE and Everglades Blvd North. Property consists of 1.64 acres located in Golden Gate Estates. Those testifying were sworn in by Mr. Abernathy. PETITIONER Ron Nino - VanAsse & Daylor - Beau was unable to attend and authorized Mr. Nino to represent him. The County erroneously approved the building permit and site plan with the building located 12.8 feet from 8th avenue NE. The builder compounded the problem by another 1.1 feet closer to 8th Ave. NE by improperly staking the building. The error is as result of County review staff including the setback being 12.5 feet, thus approved a building 12.8 feet. Based on an incorrect reading of the Code saying the setback for nonconforming estate lots is on the long side of the lot is one half the normal requirement. In another section of the Code it says "in no case" on the non-conforming lots can it be less than 15 feet. Staff forgot that part of the equation and that is the reason he was there with a non- complying provision of the Code. The building is larger than the sum of the two yard requirements would have permitted. He showed the building on the screen. He stated the problem is the timing of the spot and slab survey. He discussed vertical construction and the builder being at risk. The spot survey should be approved first. The homeowner suffers and not the builder. He encourages accepting the staff's recommendation and approving the variance. Mr. Adelstein can understand the staff's error, but now they are told there is an error by the builder. Then to compound it again with another variance, he finds it hard to accept with the owner being the builder. Mr. Schmitt stated the permit clearly states builder calls for a spot survey within 10 days in placing the slab. If the builder continues with construction while they wait for the spot 9 survey, that is their risk. Staffcan't police it. It's the builder's responsibility. It was staffs initial mistake in the setbacks. Mr. Nino stated the house would have to be demolished because it doesn't fit. There are difficulties with the offending wall. Mr. Adelstein still can't justify it and stated it has got to stop. He can see the staff's mistake but not the builder. Mr. Strain has a concern with what is happening as Mr. Adelstein pointed out, and objects to Mr. Nino's insinuation that the bulk of the problem is on staff, he feels it is on the builder. STAFF Kay Deselem - Planning Services - staff recommends approval with conditions. She showed an aerial photo of thc property. Thc person most affected is thc property owner and will not affect the neighbors. She showed pictures of thc house in several directions in relationship to the roadway and towards Everglades Blvd. Thc existing wall is not close to the roadway pavement. Staff recommended support of thc total variance. Mr. Richardson mentioned if the variance is accepted by the Commission, they should accept that the structure can be rebuilt exactly as it would be approved under the variance. The 50% rule wouldn't apply. Hardships and destruction was discussed. Mr. Strain noted under the hardship conditions there is a difference between destruction now and destruction by natural occurrence. Discussion followed on health, safety and welfare issues, natural conditions, hurricane, fire or disasters occurring. The 50% rule does have criteria and many would be surprised what is deemed 50% under FEMA. The hearing is closed for discussion and motion. Mr. Budd moved to approve petition VA-2003-AR-3658 in accordance with the staff recommendations. Seconded by Mr. Abernathy. Mr. Schiffer felt the building could still be deemed 50%, yet still have the block work and super structure. The motion was amended to add: "to let the variance run with the land". Mr. Abernathy seconded. Carried 7-1. Mr. Adelstein voted "no". PUDA-2002-AR-2240 - Donald A. Pickworth and Anita Jenkins, of Wilson-Miller Inc. representing Centex Homes, requesting an amendment to the Twelve Lakes PUD for the purpose of updating the master plan and development standards within the approved Twelve 10 Lakes PUD located in Collier County, Florida. Property consist:.~f 262.33 acres. - Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Strain spoke with Mr. Pickworth briefly. Mr. Budd spoke with Mr. Wayward/Centex Homes, Mr. Richardson spoke with Jeff and Mr. Wolfley spoke with Centex Homes. PETITIONER Don Pickworth - representing Centex Homes - contract purchaser of the property. This is an update of thc old PUD approved in 1987. The density and intensity of the project has been reduced over the years and now consists of 1,000 residential units and 112,000 feet of commercial. This is an update of the Master Plan, revisions to reflect current development standards and reflect current patterns and practices of how PUD's arc done. The road through the middle of the project will be a public thorough fare which will provide an alternate route for local traffic in the area. The preserve area increases almost double. Mr. Abemathy asked about the wetlands - of which Bruce Wayland - Senior Ecologist/Wilson-Miller - stated the EAC report specifies enhancing the onsite preserve in addition to purchasing credits from an offsite mitigation bank. A unit costs approx. $40,00O. Anita Jenkins - Wilson-Miller - Planning Coordinator - gave the following information concerning the Twelve Lakes project: - 262 acres - between Radio Rd and Davies Blvd. - East of Santa Barbara Blvd. - PUD Update Development Standards - Process - 3 submittals of staff comments & in agreement with them - Amendments - Development Standards - Deviation from LDC - how PUD amendments are handled in the future. - Commercial District acreage 11.3 acres will be maintained - uses consistent with PUD commercial uses and allows flexibility that it may be residential. - Consolidated 4 small preserve areas to 2 large ones. (Hydro-logically linked) - Gopher Tortoises will be preserved on site - Storm Water Management project handled through a series of the lake and discharged into the Davis Blvd. Storm Water Mgt. System. - No new impacts of project - Benefit will be the North/South roadway being public The Homeowners Association will have the responsibility of maintaining the preserve. The exotics are the responsibility of the developer. The County will police it. Jeff Perry - Wilson-Miller - they anticipate the traffic be distributed evenly between the northern and southern entrances. Right and left turn lanes will be put in by the 11 developer. The County has plans to widen Radio Road to 4 lanes, so mm lanes would be in place when the project opens. Some discussion followed on traffic studies, surveys and impact on Davis and Collier Blvd. There was no update of analysis. Greg Garcia - Transportation Planning - with this amendment there will be fewer trips generated. They will be giving additional right-of-way off both roadways for future improvements. (An additional 20 & 25 feet.) The question came up on gates and guardhouses. It is going to be offthe individual developments, not on the public roadway. Mr. Garcia stated they can add language for clarification. The cut-through - will be a 4 way intersection and align with the north approach, previously Green Huron development which is now Sapphire Lakes. In viewing the map shown single and multi-family will be part of the development. An altered Master Plan was available with changes being the original included a cai-de- sac which has now been removed. The Preserve acreage went up and the residential acreage went down. Mr. Abernathy asked about the Commercial and wondered what was needed. Anita responded it is to provide neighborhood services and goods for the resident's in the community. Mr. Strain questioned the preserve acreage - 99.4 are the correct acreages. Traffic areas and the density were discussed. Question was asked: can they rely on the DRI for consistency and not entailing the commitments they made in the ADA and the DRI when the approval for the project was acquired. Marjorie responded it is a PUD Amendment, if they still have a DRI they have to go through process of abandonment which has never been done in Collier County or much in the State of Florida. The format of the PUD was discussed - Wilson-Miller submits in a different format. Once submitted to County and reviewed, it becomes a public record. Marjorie would have to do further research for copy rights. Anita responded they have not had a problem working with staff on that particular format with underlining and strike through. It was noted the Planning Commission did not receive that format. It is difficult to follow when it is not done from one PUD to another. There was some confusion what was submitted to staff and then to the Planning Commission and what should be done and what is received. 12 Other questions asked were about the following: Excavations, changes in the LDC language from one year ago, open space requirements and preserve areas on site (adding "shall"), sign dimensions, common architectural theme, development standards for height measurements, rear yard setbacks, maintenance easement of the outer edge of the lakes, and the EAC report in eliminating supermarkets. Mr. Strain asked if the temporary road is put in it will destroy the vegetation to utilize the road and should have language added for restoration. It will not go through Sable Lakes. He addressed 6.4 - D concerning wetlands and preserve. John English - Licensed Engineer -Wilson-Miller - the County Code reads no structure shall be within 25 feet of a preserve. No fill placed within 10 feet of a preserve. This has raised questions since thc policy is being enforced as it is contradictory. He wonders if preserve means jurisdictional wetland line or thc conservation line. Hc proceeded to discuss thc water management criteria needed as an upland buffer. But will meet the intent of thc code. Hc feels it is very poorly written and needs clarification. Mr. Strain asked about 6.5 - E - Indicate impact fees will be paid in time for building permits. Marjorie Student suggests impact fees be paid in accordance with the Ordinance as well as the Division 315. She has consulted with Mr. Garcia on the subject. Mr. Strain asked if they had a problem holding off until Davis Blvd. is 4 laned to 951. Anita said that was the owner to make that change and will meet concurrency. They are authorized to make changes to the Development standards and the Master Plan. Mr. Strain asked Greg Garcia how much of the project could be built at any one time based on concurrency. Mr. Garcia responded "none of it". They are protected until the road gets improved. STAFF Ray Bellows - project has been reviewed with' consistently with the Growth Management Plan. There have been no letters for or against and recommend approval. Hearing is closed for discussion and motion Mr. Wolfley moved to forward PUDA-2002-AR-2240 to the BCC with recommendations and approval subject to the stipulations to the PUD documents along with Mr. Strains agreed upon: 2.17 - Open Space requirement - "shall" residential District-"shall" fully satisfy open space. 2.18 - adding "shall" 2.13 - With the exception of the entry locations of the roads would fall back to the LDC language. 2.8 - Preserve areas on site "Shall" satisfy the requirements. C-4 - Entrance signs not to exceed 15 feet. D-4 -Temporary signs not to exceed 15 feet. 13 ],611 April 3, 2 3 D-5- Temporary signs will be removed at 60% of build out. Table 1 - Page 16 - Multi-family dwellings - 50 feet- height will be measured pursuant to the LDC amendment. 4.4 - Development Standards - Maximum height of 35 feet - FEMA or 18 inches above crown of the road. 5.3- Permitted uses regarding temporary access roads that restoration will follow usage of the road. 6.4 - D - Environmental - Buffer shall be provided around wetlands consistent with the LDC. 6.5 - E - Transportation - Impact fees will be paid in accordance with the applicable County Ordinances at the time of submittal. Main roads will be designated public, therefore no gatehouse or other gates. Seconded Mr. Budd. Carried unanimously 8-0. Mr. Wolfley moved to amend the agenda to hear 8. (J) before breaking for lunch. Seconded Mr. Budd. Carried unanimously. 8-0. J. RZ-2002-AR-3160 - Robert L. Duane, Hole Montes, Inc, representing Benderson Development Co., requesting a rezone from "A" Rural Agricultural to "C-3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee Road, Florida consisting f .43 acres plus. Those testifying were sworn in by Mr. Abernathy. Disclosures - Mr. Strain spoke with Mr. Duane briefly. PETITIONER Robert Duane - Holes Montes, Inc. - his client originally purchased the Donovan Center PUD he thought the out parcel was part of it and was not. Therefore they are requesting C-3 uses (very limited). The out parcel is going to be part of a larger commercial development, copy of site plan in packets. One correction - adds provision for preserve and buffer areas - part of parcel. The legal description was for the entire shopping center. STAFF Fred Reischl - Planning - Parking is a permitted use. No one showed for the informational meeting and no calls or comments were received. He recommends approval. Hearing is closed for discussion and motion. 14 April a, 6 I ]- Mr. Budd moved to foreword RZ-2002-AR-3160 to the Board of County Commissioners for recommendation for approval. Seconded Mr. Adelstein. Carried unanimously 8-0. 12:30 PM - Lunch Break 1:35 PM - Reconvened CU-2002-AR-3486 - Vincent A. Cautero, Coastal Engineering Consultants, Inc. representing Collier County Board of County Commissioners, Facilities Management Dept., request a conditional use "26" of the "A" Agricultural Zoning District pursuant to Section 2.2.2.3.26 of the Land Development Code for governmental facilities as an Essential Service. The property to be considered for the conditional use is located sat 2387 Orange Blossom Dr., at the intersection of Orange Blossom Drive and Airport-Pulling Road, Collier County, FL. Property consists or 9 plus acres. Those testifying were sworn in by Mr. Abernathy. Disclosures - None. Mr. Budd did not return. PETITIONER Mr. Vincent Cautero - Coastal Engineering Consultants - the purpose for the application is to get approval for construction of a multi-purpose County Government building on Orange Blossom Road. The County intends to construct a building over 11,600 square feet for housing several departments' constitution officers as well as staff and the Board of County Commissioners. That would also include the Tax Collector, the Sheriffs office, and Board of County Commissioners staff, the Property Appraiser, Clerk of Circuit Court and Supervisors of Elections. The building will be a satellite office and multi-purpose user center for North Naples. Site plan in is their packets and addressed on the map. It includes a 9 acre piece. The impacted area is approx. 1.6 acres - west of the parking lot for the county library building. The original Master Plan included all 9 acres previously but done in two separate applications. The majority of the site that is already developed includes the parking area and new library headquarters to the East. There is a curb cut which will provide access with a deceleration lane on Orange Blossom. He covered the left and right turn lanes on the map. A rendering was shown of the building. Mr. Adelstein asked about the lease with Sprint. Mr. Cautero responded it is not part of the application. 15 The zoning is agricultural and would be for both sites. Libraries are an essential service permitted throUgh the SDP process but does not allow government buildings to be permitted through the process alone. Need to go through the conditional use process first. A complete traffic study has been done last November. The findings will not have a significant impact on the trips on Orange Blossom. Mr. Richardson had concerns of more traffic in the area. Mr. Cautero corrected himself that the building is intended to be a multi-purpose center. Part of the Clerk of Courts staff will have offices and be a "one-stop" shop multi service center. The principal office will still be located at its present location. The hearing is closed for discussion and motion. Mr. Schiffer moved to forward CU-2002-AR-3486 to the Board of County Commissioners for approval. Seconded by Mr. Wolfley. Carried unanimously 7-0. Je RZ-2002-AR-3539 - Vincent A. Cautero, Coastal Engineering Consultants, Inc., representing Habitat for Humanity of Collier County, requesting rezone from "A" Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district to allow maximum of 31 lots to be developed as residential subdivision with some percentage to be set aside for affordable housing units. Property consists of 10.3 plus acres. Area may be added to 26.4 acre subdivision approved for maximum of 70 single family home sites located north. Property is located at 10401 and 10407 Greenway Road, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Mr. Vincent Cautero - is an application.that compliments a zone change that was approved by Board of County Commissioners last June. Property owners had concerns of intentions for a zone change in Phase II at that time. The parcels are owned by Mr. & Mrs. Victor Haertling. The property as a whole will be developed in a residential single family subdivision. Property is inside the urban boundary. Across the street it is in the rural fringe area. They are asking for a cap at three units per acre. The EAC would review the application before the preliminary plat is approved by the BCC. Environmental study had been done on the entire acreage and would be introduced again and wetland determination at that time before platted. They are asking for a straight rezone. Buyers would have to qualify for low, very low or very, very low incomes. County staff has recommended favorable conditions and ask for the Planning Commissions approval. 16 April 3, 2~ -' Mr. Adelstein has major concerns with the homes not having garages. Dr. Sam Durso - President of Habitat for Humanity for Collier County - the reason they haven't done garages in the past because Habitat Internati0~al has a rule not to do garages. They would like to do garages - talked with them -'~[mding is available but not if they do garages. An exception can be made if required by the County to do garages. A future project they plan to do will have garages. If all goes well, they may come back and do garages on this project. STAFF Kay Deselem - Planning Services - conditions should be added if the Commissioners wish. Discussion followed on the garages, driveways and whether they should put garages in as a condition. Mr. Durso mentioned he has a new subdivision in about a year - planning to sell the units to persons making between $35,000-55,000. He does not allow 2 families in one home. They will probably take a lot for a recreational area, depending upon design. This project wilt tie into the 26 acre to the north dealing with sidewalk construction east of the property. Greg Garcia - Transportation Planning - when they do the site review they will look at the tot lot and park type facilities where there will be a minimum amount of traffic. Kay stated this is only a conceptual plan. Mr. Strain would like "tot lot" added as a condition. Mr. Durso has no problem with the condition as long as it is done after the homes are built. Greg Garcia stated at the time of the SDP approval it will show where it is going to be in the development. Mr. Abemathy announced that Dr. & Mrs. Durso were recently recognized as "Citizens of the Year" by the Community Foundation. A sidewalk will be constructed along Greenway Road according to the Counties requirements in accordance with the construction documents. Kay reiterated they recommend approval with conditions. Hearing is closed for discussion and motion. Mr. Strain recommended approval for RZ-2002-AR-3539 subject to staff conditions with the addition of #10 referring to the sidewalk, a single stall garage, and a tot lot shall be required at the time 80% of the CO's are reached and the 17 commitment of location to the access in regards to Mrs. Epperts that were addressed. Seconded by Mr. Richardson. Carried unanimously 7-0. New Business: A. April 9th meeting - time frame - The LDC Amendments for April 9th contains controversial material along with the Rural Land Stewardship area. They are not as clear as he thought they would be. He is afraid they are going to squeeze those along with the other Amendments into the same evening. He doesn't mind going far into the evening, but wants his fellow Commissioners to know that it will be late. The Stewardship area is one that he asked to have in the Immokalee area. Ray Bellows stated he will check with Joe Schmitt. Patrick White - Assistant County Attorney - at their first meeting they will be reviewing a draft proposal and get the final draft prior to the April 30th meeting. Then they can have that meeting or possibly an unscheduled meeting in Immokalee. Thc Title Block that was advertised for the meeting on the April 9th, two matters were lacking; Section 2.2.27-the Rural Land Stewardship Area Overlay Provisions & Provisions relating to 1.18 of the Code. They arc in thc Title Block now for the meetings occurring subsequently. Discussion followed to dates and time on the Amendments to be heard. The regular Planning Commission meeting on the April 17th will be a workshop and presentation by Marjorie Student with one land use petition. It was decided to hear the LDC Amendments discussed earlier on the April 17th. The meeting could possibly be held in Immokalee. Mr. Richardson discussed the situation in the LDC concerning docks and boathouses. Mr. White checked on the advertising and found they have to keep the April 17th meeting in the BCC Chambers. If they wanted to add the LDC for that day, they will mn the ad with that information. It was directed to run the ad for the LDC Amendment for the Agenda on the 17th. It was a consensus to hold the April 30th meeting in Immokalee. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:45 PM. COLLIER COUNTY PLANNING COMMISSION Chairman Kenneth Abernathy 18 Fiala \j ~r Halas t/~ Henning L~ Coyle Coletta ~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: SUBJECT: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DWISION APRIL 9, 2003 CU-2002-AR-3142 PROPERTY OWNER/AGENT: OWNER: Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112-3969 AGENTS' Stephen Sposato, AICP Agnoli, Barber and Bmndage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 Frank Bellomo Bellomo Herbert and Company, Inc. 100 East Pine Street, Suite 204 Orlando, FL 32801 REQUESTED ACTION: The petitioner requests a conditional use pursuant to Section 2.6.9.2., Essential Services, of the Collier County Land Development Code in the Rural Agricultural district, for a regional park. LOCATION: The subject parcel is located east of the right-of-way for Livingston l~'~ti~, {~i~ximately one-half mile south of Immokalee Road and bordering Interstate-75 to the east. The site consists of approximately 212.77 acres. ::' Date:_ ~::~1"~"1~__:.. ~N~F. RSTATE 75 DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a regional park on parcels currently zoned Agricultural and within the Urban designated Area on the County's adopted Future Land Use Map. A regional Park is listed as an Essential Service that requires a Conditional Use per Section 2.6.9.2 of the Land Development Code. The park is designed to contain active and passive recreational uses, including athletic fields, a water park, a community center, walking and biking trails, and preserves. In addition, the park is also intended for camps, tournaments, concerts and similar events. (See proposed site plan between pages 1 and 2 of this report.) Regional parks are designated as Conditional Uses in the Land Development Code because of the intensity of use. They are designed to attract users from outside Collier County to some attractions (concerts, water park) and will be used daily for both passive and active events, including athletic tournaments, which will draw visitors from outside the County. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned A SURROUNDING: North: East: South: West: Undeveloped land; zoned A and PUD (Livingston Lakes PUD and Donovan Cent.er PUD) Interstate-75 ROW Residential subdivision and undeveloped land; zoned PUD (Wilshire Lakes PUD) and A Livingston Road ROW, across which is the Tiburon golf course; zoned PUD (Pelican Marsh PUD) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential' Subdistrict) and is located within an Activity Center Residential Density Band (properties within a Density Band may request zoning with a density of up to 16 dwelling units per acre). Relevant to this petition, the Residential designation permits non-residential uses such as parks, open space and recreational uses. Based upon the above analysis, staff concludes that the proposed uses for the subject site can be deemed consistent with the Future Land Use Element of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a regional park on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: Consistency with the Land Development Code and the Growth Management Plan. A consistency analysis was performed by the Comprehensive Planning s~tion:of Planning Services and the finding was made that the proposed park may be deemed 3 1611 consistent with the Future Land Use Element of the Growth Management Plan. In addition, the Environmental Services Department analyzed the petition for consistency with the Conservation and Coastal Management Element of the Growth Management Plan and recommended approval to the Environmental Advisory Council. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. There are two points of ingress/egress from Livingston Road. The Transportation Planning Department has reviewed both of the proposed access points and found that they meet the applicable standards. There is very little pedestrian traffic in the area currently, however, the park will generate pedestrian and bicycle traffic from existing and future communities. Sidewalks along Livingston Road will link to pathways within the park. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. There will be light .and sound produced by the proposed facilities and activities in the park. However, the park layout has been designed so that the athletic fields are closest to 1-75 and a preserve buffers the existing residential neighborhood (Wilshire Lakes) from the ball fields. At its narrowest point, the preserve exceeds 100 feet in width. Type "B" landscape buffers are required along the north and south property lines. Naturally vegetated areas may be incorporated into the buffer, but shall be supplemented with landscaping where the existing vegetation does not meet the Code. The petitioner is aware that lighting for the park, and particularly for the athletic fields, will generate a large quantity of light. The lighting will be directed away from adjacent properties and rights-of-way, but indirect lighting will be seen from neighboring properties. At the Neighborhood Information Meeting, the petitioner stated that they were examining alternative types of lighting, including some new technology, which may control the amount of light on neighboring properties. During Site Development Plan review, a lighting plan will be reviewed to control glare to adjacent properties, according to the provisions of the Land Development Code which regulate lighting. ~ ~ : ;_ 4 1611 4. Compatibility with adjacent properties and other property in the district. A regional park requires Conditional Use approval because of the traffic, lighting and noise generated. The proposed layout buffers the existing residential neighborhood from the athletic fields with a preserve and will be designed to reduce glare. In addition, a park may be considered an amenity to the surrounding residential neighborhoods. Therefore, it is staWs opinion that this Conditional Use request is compatible with adjacent properties. EAC RECOMMENDATION: At its March 5, 2003 meeting, the Environmental Advisory Council recommended approval of the North Naples Regional Park Conditional Use by a unanimous vote. (The EAC Staff Report is attached.) PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU- 2002-AR-3142 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. Traffic signage and pavement markings as well as roadway design are to be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. It is the responsibility and liability of the Engineer of Record to comply with same. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation. PREPARED BY: F~EISCHL, AI ~ PRINCIPAL PLANNER DATE REVIEWED BY: S SAN MURRA~ · ~NNING MANAGER DATE DATE APPROVED BY: J 'CU-2002-AR-3 & ENVIRONMENTAL SERVICES ADMINISTRATOR Collier County Planning Commission: KENNETH L. ABERNATHY, CHAIRMAN T7- 1611 II. III. ENVIRONMENTAL ADVISORY COUNCIl, STAFF REPORT MEETING OF MARCH 5, 2003 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Conditional Use Petition No. CU-2002- AR-3142 North Naples Regional Park Board of Collier County Commissioners Agnoli, Barber and Brundage, Inc. Turrell & Associates, Inc. LOCATION: The subject property is an undeveloped 212.77 acre parcel which lies west of Interstate 75 and east of future Livingston Road. It is within Section 30 Township 48 Range 26 East, Collier County, Florida and is approximately half a mile south of Immokalee Road. Access to the project site will be from Livingston Road. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped properties with the following zoning classifications. ZONING DESCRIPTION N - PUD (Livingston Lakes and Donovan) Undeveloped Agriculture Undeveloped S - PUD (Wilshire Lakes) Mostly Developed Agriculture Undeveloped E - R.O.W. Interstate 75 W - R.O.W. Future Livingston Road Item V.t EAC Meeting Page 2 of 8 IV. VJ PROJECT DESCRIPTION: Section 2.6.9.2 of the Land Development Code requires a Conditional Use for a Regional Park. Collier County proposes sports venues (baseball, softball, and soccer), a water park, indoor/outdoor play areas, a community center (including offices, child care, and gymnasium), nature trails, and accessory uses customarily associated with a park. The park is proposed to be the site of events, camps, tournaments and festivals similar to those at existing County Parks. The design consists of interconnected lakes and wetlands that provide water quality retention and detention for the first flush of runoff and peak flow attenuation after the first flush. The onsite wetland is ringed by a perimeter containment berm with a sidewalk along the top of the berm. Existing vegetated areas will be maintained on both sides of the site to act as flowways for possible offsite flows from the north. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) and is located within an Activity Center Residential Density Band. Relevant to this petition, the Residential designation permits non- residential uses such as parks, open space and recreational uses. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing EAC Meeting Page 3 of 8 1611 lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. The proposed project is consistent with Policy 6.1.1 for the following reasons: 1. Greater than 25 % of the existing native vegetation is being retained on-site and set aside as preserve areas. 2. A preliminary restoration plan for the preserve areas is included in the environmental impact statement. This plan will be finalized at the time of Site Development Plan approval. 3. Connectivity of on-site preserve areas to adjoining preserve areas is being maintained. 4. Impacts to preserve areas from clearing and filling for trails and boardwalks will not impact the minimum native vegetation requirement. The project is consistent with Policy 6.1.4 in that an exotic vegetation removal and maintenance plan will be required at the time of Site Development Plan approval. The requirement for an Environmental Impact Statement pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits are required at the time of Site Development Plan approval. As stated in Policies 6.2.3 and 6.2.4, where .permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas shall be required to be identified at the time of Site Development Plan approval. Allowable uses within preserve areas will be reviewed for consistency with each development order submittal. A wildlife survey for listed species was conducted for the project and included in the Environmental Impact Statement (EIS). In accordance with policy 7.1.2, wildlife habitat management plans will be required at the time of Site Development Plan approval. Copies of the wildlife and species specific red cockaded woodpecker survey have been forwarded to the U.S. Fish and Wildlife Service (USFWS) for review and comment. EAC Meeting Page 4 of 8 VI. MAJOR ISSUES: Stormwater Management: The site is located within the Airport Road Canal North Basin. There are no County stormwater maintenance facilities in the vicinity of the project. Environmental: Site Description: The subject property is vegetated with a mixture of wetland and upland habitats. Vegetative communities on site include hydric pine flatwoods, hydric cypress and pine flatwoods, mesic pine flatwoods, hydric pine flatwoods, palmetto prairie and cypress, all with varying degrees of Melaleuca invasion. Seasonal high water elevations were determined by using several different indicators including high water marks, sediment lines, lichen and moss lines and adventitious roots at three separate sites throughout the subject property. The levels were found to average between elevations 12.50' and 12.86' (both NGVD). This translates to an approximate high water level of 4" above average natural ground height. Three soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). They are Hallandale Fine Sand (Unit 11), Boca Fine Sand (Unit 21) and Pineda Fine Sand, Limestone Substratum (Unit 14). One of the soil types found on site, Pineda Fine Sand, Limestone Substratum (Unit 14) is listed as a hydric soil by the NRCS. A map showing the locations of the soils on site, along with descriptions of each soils type are included as attachments in the environmental impact statement (EIS). Wetlands: Jurisdictional wetlands total 75.5 percent (160.59 acres) of the 212.77 acre project site. These consist of 73.1 acres of cypress/pine, 58.2 acres of hydric pine flatwoods, 2.83 acres of cypress, and 26.46 acres of dense monoculture Melaleuca (greater than 75 percent). A brief summary of the major flora within these wetland areas is found in exhibit five of the EIS. Approximately 88.78 acres (55.3 percent) of the on-site wetlands will be impacted through the proposed development of the property. Wetlands secondarily impacted by the creation of the bike trail and separation from adjacent wetlands (8.65 acres) as well as the remaining 44.7 percent of the wetlands (71.81 EAC Meeting Page 5 of 8 1611 acres) will be enhanced through removal of the exotic vegetation (mainly Melaleuca) and replanting. Off site mitigation is proposed by the purchase of 23.72 credits from the Panther Island Mitigation Bank for 44.82 acres of wetland impacts. The remaining non-jurisdictional areas total 52.18 acres and consist of palmetto prairie and mesic pine flatwood habitats. The proposed project will impact 34.07 acres or 65% of the total uplands. A brief summary of the major flora within each of these vegetative communities is found in exhibit five of the EIS. Preservation Requirements: Excluding the 26.46 acres of vegetation impacted with more than 75 percent Melaleuca, the remaining 186.31 acres of the project qualify as viable native vegetation as defined by the Growth Management Plan (GMP). As required by the Collier County GMP Conservation and Coastal Management Element (CCME), this project must retain a minimum of 25 percent or 46.58 acres of viable native vegetation per Policy 6.1.1 of the CCME. The project proposes to preserve 98.57 acres of native vegetation. Listed Species: A wildlife survey of the subject property was conducted at various times from July 2000 through May 2001 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines (see Exhibit nine in the EIS). The survey was performed to locate and document any listed wildlife species and habitat that may occur on the project site. No listed wildlife species or signs of were observed on the property. At the request of the FFWCC and U.S. Fish and Wildlife Service (FWS), a species specific red cockaded woodpecker (RCW) survey was conducted due to the history of colonies within the immediate vicinity of the project. The survey was conducted in May 2002 and the results are included in a separate report in Exhibit nine of the EIS (Threatened and Endangered Species Information). No RCW cavity trees were found on the subject property or the adjacent properties that were surveyed. Restoring and enhancing the remaining suitable habitats should encourage re-colonization of RCWs. EAC Meeting Page 6 of 8 VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-2002-AR-3142 with the following stipulations: Stormwater Management: A South Florida Water Management District Environmental Resource or Surface Water Management Permit must be obtained prior to the commencement of construction on the site. Environmental: 1. This project is required to preserve 46.58 acres of n.ative vegetation. EAC Meeting Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER JULY C. ADARMES MINOR, P.E. ENGINEER, SENIOR LAURA A. ROYS ENVIRONMENTAL SPECIALIST FRED REISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE DATE DATE DATE DATE EAC Meeting Page 8 of 8 1611 THOMAS E. KUCK, P.E. ENGINEERING SERVICES DEPARTMENT DIRECTOR DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE MARGARET WUERSTLE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT ADMINISTRATOR ENVIRONMENTAL DATE SERVICES C: SUSAN MURRAY, AICP CURRENT PLANNING MANAGER APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE 1611 Petition No.: Commission District: Date Petition Received: Planner Assigned: ~ CU-2002-AR-3142 - PROJECT #2002090038 DATE: 10/1102 FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Collier County Board of County Commissioners Applicant's Mailing Address 3300 Santa Barbara Blvd. City Naples Applicant's Telephone # State FL Zip 34116 353-0404 Fax fl Applicant's E-Mail Address: Marlaramsey(~colliergov.net Name of Agent Stephen Sposato, AICP Firm Agnoli, Barber & Brundage Agent's Mailing Address 7400 Tamiami Trail North, Suite 200 City Naples State Agem's Telephone # 597-3111 Agent's E-Mail Address: FL Zip 34108 Fax # 566-2203 Sposato~abbinc.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) N/A Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State Zip__ Name of Master Association: Mailing Address City State __ Zip o Name of Civic Association: Mailing Address City State __ Zip Disclosure of Interest Information: The fee simple owner is Collier County, which is a political subdivision of the State of Florida. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-6/24/02 1611 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. N/A Name and Address Date subject property acquired ( ) leased ( ): Please see attached deeds. Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: terminates: ., or anticipated closing date and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 30 Township: 48 S Range: 26E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: See attached descriptions. Metes & Bounds Description: See attached descriptions. Size ofproi~erty: 2,762+ ft. X 3,355 + ft. = Total Sq. Ft. 9,268,261.2 Acres 212.77 5. Address/general location of subject property: Located off the future Livingston Parkway, between Immokalee Road and Vanderbilt Beach Road. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 o Adjacent zoning and land use: Zoning N Livingston Lakes PUD/ Donovan Center PUD/ Rural Agricultural (A). S Wilshire Lakes PUD/A E N/A W N/A Land use Undeveloped Residential / Undeveloped Interstate 75 Future Livingston Parkway 1611 Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Applicant owns the ROW of the future Livingston Parkway. Section: 30 Township: Lot: Block: Plat Book__ Page #: Metes & Bounds Description: 48 Range: 26 Subdivision: Property I.D.#: See attached See attached Type of Conditional Use: This application is requesting conditional use # 2.6.9.2.b of the Rural Agricultural (A) district for (,vPE or usE) Regional Park Present Use of the Property: Undeveloped Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-6/24/02 and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): A Regional Park is a permitted use within the Urban Residential Subdistrict. It is also a permitted use in the Rural Agricultural (A) zoning district as provided for in Section 2.6.9.2 b of the Land development Code. This site is ideally located to serve a large geographic area and population base given its proximity to future Livingston Parkway, Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Two points of ingress and egress are proposed on Livingston Parkway to allow for safe and convenient access and flexibility in case of a fire or an emergency. Within the park, there is a system of sidewalks and boardwalks that allow access to all facilities. These pedestrian related facilities will link to sidewalks proposed along Livingston Parkway. In addition there are parking facilities located in close proximity to fields and facilities. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Site improvements have been designed to minimize any negative off-site impacts. Maior activity areas, such as the water park and athletic fields are internalized or are adiacent to 1-75. Athletic field lighting will be designed to control glare. A natural preserve is provided along the southern boundary of the site, which is the only portion of the site directly abutting existing residential development. The park will also serve as an amenity offering various active and passive recreational opportunities for adiacent properties. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 do 1611 Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: As described in item C, the proposed park is compatible with adiacent properties and other properties in the area. e. Please provide any additional information which you may feel is relevant to this request. 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject prooerty: To your knowledge, has a public hearing bccn held on this property within the last year? If so, what was thc nature of that hearing? No Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 · required yards, open space and preserve areas, 1611 · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). e o Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-6/24/02 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST -NAME OF APPLICANT: MAILING ADDRESS: CITY Naples~ FL ZIP 34116 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Collier County Board of County Commissioners 3300 Santa Barbara Blvd. N/A LEGAL DESCRIPTION: Section: 30 Township: 48 S Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Range: 26 E See attached descriptions. See attached descriptions. (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) _- -_ 7. TOTAL POPULATION TO BE SERVED: 2053 APPLICATION FOR PUBLlC HEARING FOR CONDITIONAL USE -6/24/02 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 213,460 GPD AVERAGE DAILY 53~365 GPD B. SEWER-PEAK 2137460 GPD AVERAGE DAILY 69,375 GPD -9. 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2003 · NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24/02 THIS CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 16' X 2. Copy of Deed(s) and list identifying Owner(s) and all 2' X Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 2* X 4. Pre-application notes/minutes 16' X 5. Conceptual Site Plans (including (1) 8-1/2 X 11 copy) 16' X 6. Environmental Impact Statement- (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 X 10. Historical & Archaeological Survey or Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Data Conversion Fee, Check shall be - X made payable to Collier County Board of Commissioners / Interdepartmental Transfer 14. PUBLIC PARTICIPATION MEETING: X APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. Copy of audio/video recording of public meeting Written account of meeting. 15. Other Requirements - 4 .Trip Generation * Documents required for Long-Range Planning Rewew As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of t~ ~ ~('p~plicant/Agent Signature Date APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE-6/24/02 1611 AFFIDAVIT We~l, Marla Ramsey .for Collier County Board of Coun.ly Commissioners being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We~I further authorize Agnoli, Barber & Brundage, Bellomo Herbert and Company, Inc. to act as our/my representative in any matters regarding this Petition. f J~ g~h~a~t~ur e d Pr~p'~ner Marla Ramsey Collier County Parks Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The fobegoing instrument was acknowledged before me this / ~'- day of ,~//~:/1/~'~5~~, 2002, by . ~,)* ~-~z~? A~; /~/ ~- y who is personally known to me or has produced ;C/~.~iz,/d 7~ ??1~$: as identification. State of Florida County of Collier (Signature of Notary tSublic - State of Florida)~ (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -6/24102 DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION $0, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30, THENCE NORTH 02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION $0, A DISTANCE OF 2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION ,.'7,0; THENCE NORTH 02'06'13" WEST ALONG SAID WESTERLY LINE OF SAID SECTION $0, A DISTANCE OF $33.72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 37,0,SOUTH 89"57'54" EAST .329.97 FEET; THENCE NORTH 02'06'08" WEST 166.86 FEET; THENCE SOUTH 89"57'54" EAST 329.98 FEET; THENCE SOUTH 02"06'03.3" EAST 500.58 FEET TQ AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30; THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION 30; THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION .7,0, A DISTANCE OF 715.93 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 93); THENCE SOUTH 00"02'30" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 437.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE OF 2245.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 50; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89'58'58" WEST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 30, A DISTANCE OF 836.59 FEET TO THE SOUTH ONE-QUARTER CORNER QF SAID SECTION 30; THENCE CONTINUE NORTH 89'58'38" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 30, A DISTANCE OF 2643.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL QF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUB,JECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1611 North Naples Regional Park Application for Conditional Use Trip Generation Report ABB PN 7953/9608 General Collier County Parks and Recreation propose to locate a regional park on a 212.77 acre site that fronts on future Livingston Parkway. The site is located between Immokalee Road and Vanderbilt Beach Road and abuts Interstate 75 to the east. Two points of access are proposed on future Livingston Parkway. Access and design issues have been closely coordinated with the Collier County Transportation Planning Department. Proposed facilities include a water park, ball and soccer fields, indoor and outdoor play areas, gymnasium, and offices. Passive facilities include walking and bike trails and open space. The park will also be used for various camps, tournaments and festivals. Trip Generation Trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, Volume 1 of 3. North Naples Regional Park is analyzed using Land Use Code 412, County Park. Of the recreational land use categories, said chosen most closely corresponds to that proposed. Actual trip ends will often more closely relate to programs rather than facilities. The majority of vehicular trips will be off-peak or on the weekends. Average Weekday Vehicle Trip Ends 2.28 per acre x 213 = 486 Trips 243 (50%) Entering and 243 (50%) Exiting AM Weekday Peak Hour of Generator .52 per acre x 213 = 111 Trips 79 (71%) Entering and 32 (29%) Exiting PM Weekday Peak Hour of Generator .59 per acre x 213 = 126 Trips 44 (35%) Entering and 82 (65%) Exiting Average Saturday Vehicle Trip Ends 12.14 per acre x 213 = 2,586 Trips 1,293 (50%) Entering and 1,293 (50%) Exiting Average Sunday Vehicle Trip Ends 4.13 per acre x 213 = 880 Trips 440 (50%) Entering and 440 (50¥o) Exiting Summary of Trip Generation Description Total Trips Entering Exiting Avg. Weekday 486 243 243 AM Peak Weekday 111 79 32 PM Peak Weekday 126 44 82 Avg. Saturday 2,586 1,293 1,293 --Avg. Sunday 880 440 440 CU-2002-AR-3142 PROJECT #2002090038 DATE: 10/1/02 FRED REISCHL 1611 CU-2002-AR-3142 PROJECT #2002090038 DATE: 10/1102 FRED REISCHL NORTH NAPLES REGIONAL PARK SEC30, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA. August 2002 PREPARED BY: TURRELL AND ASSOCIATES, INC. 3584' EXCHANGE AVE. SUITE B NAPLES, FL 3'4104 Environmental Impact Statement SEC 30, TWP 48S, RNG 26E August 2002 3.8.5.1 Applicant Information: Responsible agent who wrote EIS and his education and i ob related environmental experience. Timothy Hall BS. Wildlife Ecology, University of Florida biS. University of Florida 12 years environmental field experience - resume attached 2. Owner's name and address. Collier County 3301 Tamiami Trail East Naples, FL 34112 3. Affidavit of proof of authorized agent. Please see attached letter which authorizes ABB to act on behalf of the applicant.(Exhibit 1) 3.8.5.2 Development and Site Alteration Information: 1. Description of proposed land use. The project is a regional recreational park including ball fields, a water recreation area, administration buildings, an indoor sports building, and the necessary parking and supporting infrastructure (surface water management, roadways and utilities). Part of the project site will remain in a natural state as preserve with minor accessory use. 2. Legal Description of site~ Please reference EXHIBIT #2 of this report for the legal description. 3. Location and address description. The subjectproperty is located in Section 30, Township 48 South, Range 26 East. It lies in the southwest quadrant of the intersection ofi-75 and Immokalee Road, abutting 1-75 along the eastern property line about hal. fa mile south of Immokalee Road, in Naples, Florida. The planned extension of Livingston Road will be west of the park Access will be from Livingston Rd. 3.8.5.3 Maooin_~ and Suoport Graphics: General Location Map. Please reference ~IT #2, location map and legal description. Environmental Impcact Statement SEC 30, TWP 485, RNG 26E August 2002 0 e J Aerial photo of site with boundaries delineated. Please reference EXHIB~ t43, aerial. Tooo£raohic mao showing uoland contours. Please reference USGS Quad. Map (Exhibit 3) and ABB topographic survey results (EXTNBIT g4). Existing land use of site and surrounding area. The site is composed of 212. 77 acres just south of lmmokalee Road bordered to the east by 1-75 and the west by a dirt road accessible by an FPL easement between Vanderbilt Beach Road and Immokalee Road. Surrounding land use is as follows: the area to the north of the property is planned for the Livingston Lakes (wesO and Donovan (easO residential developments. The eastern border is 1-75, and the western border is the proposed Livingston Rd. right of way. To the south is the existing residential development of Wilshire Lakes and undeveloped land owned by Pelican Marsh. Of the 212. 77 total acres of land, approximately 160 acres are jurisdictional wetlands, predominantly mixed cypress and pine with varying degrees of exotic invasion such as melaleuca. Some higher quality cypress areas remain in the central and southern portions of the property, and uplands are concentrated in the northern and eastern sections. The property is characterized by strand or slough type features with narrow strands of cypress-pine wetlands oriented very roughly north- south. The cypress areas have been taken over by melaleuca. The least affected habitats are within the central portion of the site. Also please see EXHIBIT #5, FL UCCS map. Soils map. Please reference EXI-1IB1T 146, Soils map and descriptions. Drainage plan. Please reference EXHIBIT gg, Water Management Plan. Development plan including phasing orogram, service area of existing and proposed public facilities, and existing and oroposed transportation network in the impact area. Please-_reference EX.BIT ii8, Water Management Plan as well as the Conditional Use zoning dpplication. Water and sewer service will be provided by the Collier County Water and Sewer District. The new Livingston Rd. has been designed to 2 3.8.5.4 3.8.5.4.1 l Environmental Impact Statement SEC 30, TWP 48S, RNG 26E August 2002 adequately handle traffic generated by the park project. Impact Categories: Bio-Physical, Air Quality. a, Changes in level of air pollutnnts ns defined by current re~t~lntions. Air pollution generated by construction activities may consist of dust from earthmoving activities and operation of heavy machinery. No open burning of debris is proposed. In addition, air pollution levels may be temporarily elevated by exhaust fumes generated by construction related equipment and, in the longer term, added to by automobile emissions from future residents. Also, none of the recreational activities allowed would pose' a risk of air ' pollution. Number of people that will be affected by air pollution resulting from the proiect. No air pollution will be generated by this project that is in contradiction to State standards. As a result, it is not anticipated that anyone will be affected directly. Procedures that will be used to reduce adverse impacts of air pollution. Water will be sprayed where necessary for dust control. 2. Water Quality.. Changes in levels and WPes of water pollution as defined by current reeulations. Water quality is not expected to be degraded as a result of this project. Stornrwater runoff from the site will be directed via pipe or grassed swales into on-site lakes for retention and treatment to State water quality standards.' No water will be released from the project site until required pre-treatment has been accomplished in the surface water management system. Wetland preserve areas will be protected by siltation barriers during construction to prevent sedimentation within preserves. Road drainag~ All waters from impervious surfaces will be directed into the on-site detention areas for water quality and storage purposes. Please also reference EXT-B~IT 88, Water Management Plan. be Environmental bnp~act tST~tement SEC 30, TWP 4~$, RNG 26E August 2002 Sheet flow. The proposed design will allow flows into southern wetlands matching existing conditions so as to not adversely affect these wetlatnds during normal storm events. Rear lot line/building site drainage. Lots and building areas will be graded such that sheet flow acr'oss pervious ground will be accomplished and no direct run-off into wetlands will occur. Please also reference EXHIBIT gS, Water Management Plan. Interconnection of the water management system will occur as follows: Interconnection will occur through a series of lakes, pipes, and swales. No direct run-off will enter wetlands. Please reference EXHYB~ gS, Water' Management Plan. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this proiect. There are no restricted or preCluded water uses anticipated due to pollution levels resulting from this project. No swimming will be allowed in the on- site lakes for safety reasons. c. Person affected by water pollution resulting from the proiect. The project is not expected to generate water pollution in contradiction to state standards. Proiect desiens and actions which will reduce adverse impacts of water pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre-treat stormwater runoff. Wetlands will be protected from siltation by the use of staked filter cloth or hay bales at the wetland/upland interface during construction. Control elevation of the drainage basins will ensure adequate pre-treatment of stormwaters before said waters enter the local drainage pattern. Physiography and geology a. A description of soil types found in the project area. Please reference EXt-HBIT g6, Soils map and descriptions. Areal extent of proposed topographic modification through excavation, dredging and filling. 4 North Naples Regiona~ Environmental Impazct Statement SEC 30, TWP 488, RNG 26E August 2002 Under the current proposedplan, approximately 80.13 acres of wetlands will be filled and 34.07 acres of uplands impacted. In all, 11,4.2 acres of topographic or ecological modification is proposed. The remainder of the property will be enhanced and preserved. Removal and/or disturbance of natural barriers to storm waves and e flooding. The off-site drainage component of this project will be maintained to alleviate upstream flooding problems. de · Modifications to natural drainage oatterns. Historic drainage patterns have already been altered by various man-made features, including I-75 and the FPL right-of-way. '1-75 has no structures in the general vicinity of the project that would allow any offsite flows from the east. The F£L right-of-way is a raised grade which impedes flow of surface water from the west. Water leaving the site will continue its existing pattern of flowing to the South. Extent of impervious surface and percent of groundwater recharge area to be covered. Impervious surfaces, including buildings, roads, parking and sidewalks comprise, approximately 32.65 acres or 15% of the entire site. There is also 6.56 acres of lakes proposed for the project site. Annual drawdown of groundwater level resulting from use. ,4 consumptive use permit will be needed from the SFWMD for irrigation of the project. No drawdown of local water table levels is expected from the project and will not be allowed under the consumptive use permit. Irrigation usage is' estimated at 185,000 gallons per day for the entire project. Increased siltation in natural water bodies resulting from the proposed llS~. No permanent increase in siltation is expected to occur in natural water bodies or in the on-site wetlands as a result of this project. Stormwaterwill flow through catch basins, grassed swales, and/or lakes prior to discharge into wetlands, during which time particulates and suspended material will drop out of the water column. Temporary construction impacts have been considered and all on-site designated wetland preserves protected by the use of staked, toed in filter cloth around the wetland boundaries and the use ~_ of hay bales where necessary. Wetlands. SEC 30, TIr/P 4$$,'RNG 26E August 2002 ao de Number of acres of Collier County jurisdictional wetlands by vegetation Woe. vegetation composition, vegetation abundance, and their wetlalld functions. ~ The jurisdictional determination was field verified by the South Florida Water Management District on February 9, 200I. The verified line is the same as has been provided in the enclosed exhibits. A breakdown of wetland community by habitat type, dominant species and acreage is presented in the descriptions and supporting FL UC CS (Florida Land Use Cover and Forms Classification System) map presented as EXItIBIT #5. Determine present seasonal high water levels and historical high water levels by utilizin.o lichen lines or other biological indicators. Elevations of historic wet season's high water levels have been obtained by locating high watermarks, sediment lines, lichen and moss lines or adventitious roots at 3 locations throughout the site. The average wet season high water elevation was determined to range from approximatelyl2.50' NGVD to approximateIyJ2.86' NGVD, yielding a proposed control elevation that is on average 4" above ground surface. These readings are consistent with observed wet season conditions onsite. Indicate how the proiect d~ign improves/affects pre-development hydroperiods resulting from the proiect. The natural hydrologic regime on this site has been considerably altered by the adjacent 1-75 and other surrounding development. Water currently sheet-flows and ponds across the property in a north to south direction. Current project design provides water storage capacity within the preserve acreage internal to the projec{as well allows off-site flows to pass through the site. By holding water within the on-site preserves for longer than currently occurs, more appropriate hydroperiods on the project site will be provided. The internal conveyance systems will be controlled with weir structures to maintain natural ground water elevations on the site. Vegetative communities currently degraded on the site will be planted and/or restored to viable conditions. Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts on the functions of the wetland areas. Jurisdictional wetlands total160.59 acres out of a total 212.77 project acres. The proposed activity will impact 80.1 acres which represents approximatelyS O% of total on,site wetland. Currently the on-site wetlands are very degraded due to exotic infestation and hydrologic deficiencies. The 6 Upland a. North Naple~ Rfslgio~al P~rk4 ~ E~ironmental Imp~t ~nt I . ~] SEC 30, ~P 4~ ~ ~ , ~ A~t 2002 proposed plan will improve the condition of the preserve wetlands and allow for more support offish and wildlife resources. Indicate how the proiect design minimizes impacts on the wetlands. This project has been designed taking into account the biological condition of the existing wetlands and regional water management concerns as well as project goals. The development has been designed to avoid, as much as possible, wetland impacts. Efforts have also be~n made to keep internal preserve areas connected with adjacent areas to the greatest extent possible. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management Plan~ In order to offset adverse environmental impacts resulting from development activities in the 80. ! acres 'of wetlands, the development plan provides for preservation and restoration of 80.46 acres of the remaining on-site wetlands. The preservation of 14.85 acres of uplands is also proposed. All preserved wetlands will be cleared of invasive exotic species and maintained in an exotic free condition. Areas that are devoid of remnant native vegetation will be allowed to re-vegetate with appropriate native vegetation. Slash pine, cypress and other canopy species will be utilized as will appropriate mid-story and ground cover plantings in the landscaping palette. Due to the loss of special extent of the wetlands, off-site mitigation is also proposed. Off site mit£gation will include the purchase of 23.72 credits from the Panther Island Mitigation Bank Off site mitigation is considered appropriate for this projeCt because the existing and proposed development around the project will limit the viability of any on-site preserves. Off-site mitigation offers the opportunity to preserve land much more able to support wildlife utilization. utffiTation of wildlif6 and species of special status. Number of acres of uplands by veeetative Woe, veffetative eomposition~ vegetation abundon~ce~ and their upland functions. A breakdown of upland community by habitat type, dominant species and acreage is presented in the description and supporting FLUCCS (Florida Land Use Cover and Forms Classification System) map presented as EXHIBIT#5. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on the functions of upland areas. 'Of a total upi'and acreage of 52.18 acres, project design will impact 34. 07 acres, which is 65 % of the project uplands. Effects of the proposed impacts North Naples Regional Park Environment~mpj~wt S~at~gnent sec 30, will be a reduction in acreage available, post-developmertt, however, uplands preserved will serve as buffers to the preserved wetlands and the 18.11 acres of retained upland areas.will continue to provide support to wildlife and vegetative communities. Indicate how the proiect design minimizes impacts on uplamds. Attempts have been made to preserve the higher quality (i. e. naturally vegetated) upland areas and those adjacent to the wetlands to maximize wildlife value. Efforts have also been made to keep internal preserve areas large enough to sustain functions provided by these communities. Also, native vegetation will be widely utilized in the landscaping pcMette for the project. Provide a plant and animal species survey to include at a minimum, species of special status that are known to inhabit biological ~ogmnmttie~ similar to those exi~tin.~ on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. Please reference EXttlBIT #9, Threatened and Endangered Species Survey and the species specific RCW survey results done at the request of the Florida Fish and Wildlife Conservation Commission. Indicate how the proiect design minimizes impacts on species of special status. Preservation and enhancement of 98.57 acres of mixed wetlands and uplands will retain and improve habitat and forage area for wildlife using the subject site. Off-site mitigation will contribute to a much larger preserve and green space more capable of supporting wildlife species not supportable on the project site. Marine and estuarine resources. This section is not applicable to this project. Noise. Describe changes in decibels and duration of noise generated during and after the proiect (both day and night) that will exceed Collier County regulations~ No noise will be generated by the project, either during construction or subsequently that will exceed County, State or Federal regulations. Noise from construction will be typical of that generated by clearing/excavation, hauling, etc., and will_ be limited to normal working hours. Post- construction, there should be no additional increase in noise with the exception of that generated by personal automobile use by and recreational 3.8.5.4.2 North Naples Regional Park Environmental lmpct~t $~Jemjnt activities of patrons of the park. be steps that will be taken to reduce noise levels during amd after the oroiect: and Not applicable, see above. c. project compliance with Federal Aid Highway Program Manual 7-3-3. Not applicable. Public Facilities and Services 1. Wastewater Management w,, be directed by Wastewater produced by future patrons of thc project underground pipes and sewers to the Collier County Wastewater Department (North County Water Reclamation Facility). ae Describe existinff treatment facilities as to capaciW~ percent capacity being used, type of treatment and degree of treatment. The Collier County Wastewater Department has a capacity'of26.1 million gallons per day. The present available capacity is approximately 26. I MGD. The plant uses filtration and high rate disinfection to provide secondary treatment of the effluent. Settling/holding ponds are used to store treated effluent which i~ then used in a spray irrigation system to return water to environment. be If applicable~ describe similar features of proposed new treatment facilities. Not applicable. c. Describe the character and fate of both liquid and solid effluents. Effluent generated by this project will be limited to that from recreational use of the site and as described above will be directed via pipe for treatment at the nearest available treatment facility. 2. Water Suoolv. Estimate of average d~ii.y potable and non-potable water demands by the proiect. Average potable water flow for the project would be approximately 69,280 gallons per da~. Peak flow would be twice average flow ori36,560 gallons 9 e North Naples t~egional Park EnvironmentaI Impliict $~ptement SEC 30, TY~P 4~,~60~ per day. It is estimated that approximately 60 acres could be put undez' irrigation, with over half of the acreage being Iow water needs areas. T~e resulting non-potable water demand during the dry season wouM be aborat 1.3 million gallons per week or approximately 185,100 gallons per atay. Proper irrigation techniques would drop this amount by not irrig~ating when adequate rainfall had occurred and implementing other best r~anagement practices. Irrigation use in the wet season shouM be ~onsideratbly less, but would vary dependent on rainfall. Source of the raw water supply. Potable water will be provided from the Collier Water Department. Non potable water will' be drawn from underground sources but, as stated earlier, will be dependant on a consumptive use permit filed with the SFWMD. Reclaimed (re-use) water from the County will also be utilized if availability allows. ,a,,slysis of on-site treatment systems relative to State and County. standards. Not applicable. Solid Wastes. a. Estimate of average daily volume of solid wastes. Solid waste generation estimate is 82 cubic yards per week. b. Proposed method of disposal of solid wastes. Solid wastes will be handled by Collier County Solid Waste Management Department. c. Any plans for recycling or resource recovery. Recycling containers will be made available to patrons of the facility. Aluminum collection will most likely be the recycled component most collected on the project site. Recreation and open spaces. Acreage and facilities demand resulting from the new use. The project would create no addition-a) need for recreational facilities because it is in itself a recreational facility. The park would actually 10 Environmental lmpct~Et~neJt SEC 30, ~ 48S, RNG 26E August 2002 help alleviate stress on other recreational facilities in the area.. b. Amount of public park/recreation land donated by the developer. Not applicable, see above. c. Management plans for any open water areas of one-half acre or more within the proiect Lakes developed within the project will be constructed in accordance with the County and South ~orida Water Management criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lakes on an as needed basis. Common area and lake management will be the responsibility of Collier County, the owner of the property. No swimming will be allowed in the proposed lakes. b. Plans for recreational development by the developer on dedicated lands. The entire project is recreational development, 212.77 acres. Amount of public recreation lands removed from inventory by the new None. This project adds to the available public recreation lands available. f. Development and/or blockage of access to public beaches and waters. None. Aesthetic and Cultural Factors. be Provide documentation from the Florida Master Site File~ Florida Department of State and any printed historic archaeological surveys that have been conducted on the pro.iecfarea. Please reference EXHIBIT #1 O, Archaeological information. Locate any known historic or archaeological sites and the relationship to the proposed proiect design. No known archaeological sites exist on the subject property as per ~IT #10. Demonstrate how the proiect design preserves the historic/archaeoloeical integrity of the site~ No known archaeological si~ exist:on the property; however, if duringthe course of construction evidence of archaeological significance are 11 North Naples ~egio~tl P~t'k Environmental Impact $~te~t~t SEC30, T~VP4~$,I~iG~Ell August 2002 discovered, the State will be notified immediately and construction halted until the discovery is fully explored. Indicate any natural scenic features that might be modified b~ the project design and explain what actions shall be utilized to preserve aesthetic values. Modifications to existing natural scenic features may entail the clearing of forested areas and construction of buildings and facilities associated with the proposed project. Construction and management of preserved areas will result in an overall aesthetic improvement through the development with exotic species removed and native landscaping utilized throughout. Internal preserves may also enhance wildlife viewing opportur~ities for the patrons of the park. e- prOVide the basic architectural and landscaoin~ designs. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. The designs will be consistent with what is required by the Land Development Code. 6. Monitoring. Describe the design and procedures of any proposed monitorine during and after site preparation and development ~4 wetlands monitoring and maintenance plan will be required by the South Florida Water Management District for the proposed wetland restoration. This plan has been submitted to the County as well for review (Exhibit 11). .4ny proposed changes required during the ERP process will be passed on to the County upon finalization with the District. Section 3.8.6 SPECIFICS TO ADDRESS 3.8.6.1 General: The statement should specifically address the following: 3.8.6.1.1 Indicate how the proposed pro,iect has incorporated the natural aesthetic and cultural and 3.8.6.1.2 resources and other environmental considerations in the plannin~ and design of the proposed proiect~ and list the environmental impact(s) of the proposed action and the reason(s) that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental quality of the site and/or the surrounding area~ which might be affected by the proposed use. The proposed North Naples Regional Parkproject will provide much needed park amenities for the growing Collier County population. Much of the project in its current state consists of hydrologically a~d ecologically impacted lands that have lost much of their functional value. The project has been designed to provide 12 3.8.6.1.3 3.8.6.1.1 3.8.6.1.5 North Naples Regional Park £nvironmental lmpctct~tat~enI · sec 4as,.g r06 I .l. August 2002 community benefit with minimal environmental impacts. Environmental impacts will entail a loss of 80.13 acres of wetlands and alteration of 34.07 acres of uplands. 98.57 total acres will be restored and preserved onsite that will also serve an environmental education purpose at the park. Given the quality of the habitctts impacted, this project represents an environmentally responsible approach to community development. Provide subs?_n_n_tiated alternatives to the proposed proiect so that reasons for the choice of a course of action are clear~ not arbitrary or capricious. Alternatives to the project include no action which wouM result in unfeasible financial burden or search for alternative sites. Given the project's location, on what will be a well traveled road in Naples, future land use of the project site is inevitable. This plan represents the best possible scenario given the existing conditions on the site. The project has taken into account the minimization of potential adverse impacts to the community and to the environment. Immediate short-term and long-term impacts to the environment. Short term impacts will result from the use of mechanized equipment on-site and increased noise levels during construction. £ong term impacts include the loss of function and wildlife value of 80.13 acres of currently degraded wetlands and 34.07 acres of impacted upland~ in addition to the effects of corresponding requirement for electricity, water supply and treatment, traffic considerations and recreational use of the project's environs. Dedicated preserves on the project site will provide preservation of some habitat and hydrologic function. Any irreversible and irretrievable commitments of natural resources which would be involved if the proposed action should be implemented. Irreversible and irretrievable commitments of natural resources, if the proposed action is authorized, will be the clearing and filling of 80.13 acres of degraded wetlands and 34.07 acres of uplands, with the associated loss in functional and wildlife value. 13 KEY TO EXHIBITS 1611 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Letter of Authorization Location map, Legal Description, and Sketch Aerial and Quad Map Mitigation, Monitoring, and Maintenance Plan. FLUCCS Map and Descriptions Soils Information Site Plan Archaeological Information Threatened and Endangered Species Information Topographic Survey Water Management Plans 1611 EXHIBIT #1 LETTER OF AUTHORIZATION 1611 LETTER OF AUTHORIZATION The undersigned does hereby swear or affnm that she is the authorized a§ent oft. he owner of' r~ord of property le~lly described in exhibit A attached hereto, Thc property describ~ herdn, is the subject of applications for permits through South Florida Water Management Dis'a'ict and'the U.S. Army Corps of Engineers, I hereby desi~ate the firm of Agnoli, Barber & Brunciaga, Inc. as the legal representative of tM property in the course of seeking the necessary approvals ~o develop. Collier County Pm'ks and Kecreation Department STATE OF FLORIDA COUNTY OF COLLIER. Sworn'co (or a.ffL.-m:d) and subscribed befor~ me this..9-+a day of By Maria M. Kamscy. She is personally known ko me and did take an oath. SEAL .,2001, ~ ~ Barium L Jol'm~on Notary Public / Nam~ typed, printed or stamped 1611" EXHIBIT #2 LOCATION MAP, LEGAL DESCRIPTION AND SKETCH STATE OF FLORIDA N 0.9, M AR CO' -- '~ ~- ; ~TRAtL ISLAND ~-'--'--[/ ! EVERGLADES "" CITY COLLIER .. TAMPA ,, .,4 FT:MY...gRS -"""'" NAPLES .. / KEY WEST COUNTY COUNTY LOCATION MAP NOT~: THESE DRAWlNGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. Turrell & Associates, vaz't~e & ~n~iromne~t~ Co~t~tt ~5~ ~e ATe. ~ B, Nmplel, Phone: (941) ~-0168 F~: (941) E-~ ttt~5~aoLc COUNTY PARK ~ .o. IOO3S I LOCAT/ON MAP EXHIBIT "A" Parcel 1 (Folio # 00197000007): The East (E) ¼ of the Northeast (NE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 2 (Folio # 00197040009): The East (E) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 3 (Folio ff- 00197240003): The West (W) ¼ of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 4 (Folio.# 00197280005): That portion of the East (E) ¼ of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East, lying West of Parcel 129 (I-75 Right-of-Way), which right-of-way parcel is described in Official Records Book 986, Page 1273, Public Records of Collier County, Florida; and, Parcel 5 (Folio # 00197560000): The West (W) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 SOuth, Range 26 East; and,' Parcel 6 (Folio # 00197680003): The West (W) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 7 (Folio # 00197720002): The East (E) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of'Section 30, Township 48 South, Range 26 East; and, Parcel 8 (Folio # 00197760004): The West (W) ¼ of the Northwest (NW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 9 (Folio # 00198120009): The East (E) ¼ of the Northwest (NW) ¼ of the Southwest (.SW) ¼ o¢ Section 30, Township 48 South, Range 26 East; and, Parcel 10 (Folio # 00199200009): The Southwest (SW) ¼ of the Northeast (NE) 1/. of the Southwest (SW) % of Section 30, Township 48 South, Range 26 East; and, Parcel 1'~ (Folio fl 00199160000): The Northwest (NW) ¼ of the Northwest (NW) ¼ of the Southwest (SW) 14 of the Southwest (SW) 1/., less the West (W) 30 feet AND the Northeast (NE) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, TownShip 48 South, Range 26 East. All of the above 'parcels situated and lying in Collier County, Florida, and consisting of approximately 175 acres, as referenced in O. R Book 1753, Page 328 and O. R. Book 1753, Page 329, et. seq: .iii-_iI EXHIBIT #3 AERIAL AND QUAD MAP 1611' i 3-D TopoQuacts Copyright ~ 19~9 DeLorme Yarmou~ ME 04096 Sore"ce Dat~: USGS I I'/~O t'~ Stole: 1: l"/,~s00 Detail: 13-.q D~tum: WC_,884 EXHIBIT #4 MITIGATION, MONITORING, AND MAINTENANCE PLAN 1.0. 2.0 S30, T48S, R26E, Collier Cour~ _nla~c$. _l_ ~ Mitigation/Monitoring/Maintenance Plan Revised February 2002, TTT #9935 INTRODUCTION The North Naples Regional Park consists of approximately 212.77 acres in the northern part of Collier County for which a regional recreation center is proposed. The site is located within the south west quadrant of the intersection between Interstate 75 and Immokalee Road, abutting 1-75 along the eastern property line about half a mile south of Immokalee Road (Exit 17). Access to the site will be via a proposed north-south section of Livingston Road and is currently provided by an unpaved road along the property's eastern boundary. Proposed facilities include eight soccer fields, five baseball fields, parking for over 1000 vehicles, a community center (including a gymnasium, meeting rooms, fitness center) and pools / water play facility. In addition goals of the project are to provide a different aspect of recreational facilities including offering an alpine climbing center, bike trails around the large preserve area, an area of raised boardwalk with interpretive signage plus providing educational displays on the ecology of southwest Florida within the entrance feature. The aim is to give a mix of recreational amenities and to include features that make use of and focus on ~e pmmral environment plus more traditional sporting facilities. In this way the project is unique in southwest Florida and fulfills a need for providing recreational opportunities to the growing population in the northern part of Collier County. The site development plan entails impacts to approximately 80.1 acres of jurisdictional wetlands. This report provides a detailed description of the mitigation proposed by the applicant for these unavoidable wetland impacts, to 93.6 acres of mixed upland and wetland on-site preserves. In addition, the monitoring and maintenance activities for wetland areas to be preserved on-site are fully described. EXISTING CONDITIONS The 212.77 acre property is located approximately 1/2 mile south of Immokalee Road in north Naples, with 1-75 running along it's eastern border and a future north-south connector section of Livingston Road along the western border, A dirt road runs along the western boundary that can be accessed from the north or south via the FPL easement (from Vanderbilt Beach Road in the south or Immokalee Road in the north) or from Immokalee Road via an unpaved road just east of the entrance to Windsong Apartments. This road runs south then tums to the west below Windsong Apartments then south again leading to the northwest property corner. Surrounding land use is as follows: land to the north of the property is planned for the Livingston Lakes (west) and Donovan (east) residential developments. 1-75 runs along the east border and to the south is the existing residential development of Wilshire Lakes, and undeveloped land own&d by Pelican Marsh. An FPL easement runs along the western edge. Approximately 160.59 acres of the total 212.77 are jurisdictional wetlands, predominantly mixed cypress and pine with varying degrees of invasion by the exotic Melaleuca. Some higher quality, i.e less affected, cypress areas remain in the central and southern parts of the property and uplands (pine-palmetto islands) are concentrated in the northern and eastern sections. The property is characterized by flatwood components with slough type features of narrow stands of cypress-pine wetlands oriented very roughly north-south. The cypress areas have been taken NORTH NAPLES REGIONAL PARK 530, T485, Col r Cou ty lo dei Mitigation/Monitoring/Main~ltatll~ i~at~_ Revised February 2002,_TIii' #9935 over by melaleuca, particularly from the north but affecting all parts of the site. The least affected habitats are within the central portion of the site. On the following pages vegetative communities present on site are described according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Please also reference the supporting FLUCFCS map. Habitat numbers, codes and acreages are shown. 321 Saw Palmetto - 5.54 acres 3 (1.19),4 (0.1S), S (0.12) 6 (0.29), S (0.41), 11 (0.20), 12 (0.10), 13 (0.22), 14 (0.46), 15 (0.27), 17 (0.21) 41 (0.23); 42 ( 0.14 ), 44 (0.90), 45 (0.62) These areas are upland islands scattered throughout the site with sparse (less than 15% canopy coverage) slash pine (Pinus elliottii) canopy and saw palmetto (Serenoa repens) dominant in the midstory and groundcover strata. Melaleuca is common around the edges at the wetland-upland transition and midstory plants include wax myrtle (Myrica cerifera) and occasional myrsine. Groundeovers observed include greenbriar_(Srailax spp,), grapevine (Virus rotundifoIia), gallberry (Ilex coriacea), sawgrass (Cladium jamaicense) and yellow eyed grass (Xyris iridifolia). 411 Mesic Pine Flatwoods - 46.64 acres 2 (1.51) 7 (4.71), 10 (4.64), 16 (1.50), 24 (0.87), 26 (1.60), 29 (20.15), 35 0.41), 37 (8.25) These uplands are pine-palmetto islands with slash pine (Pinus elliottii) the dominant canopy species at +/-25% with saw palmetto (Serenoa repens), and wax myrtle (Myrica cerifera) in the midstory. Groundcover is made up mostly of saw palmetto, also noted are wiregrass (Aristida stricta), grapevine (Virus rotundifolia) and rusty lyonia (Lyoniaferruginea). This habit is similar to the palmetto islands (3211, above) common around the edges of the transition zones with adjacent wetlands of melaleuca and wetland grasses. 424 Melaleuca - 18.93 acres 9 (5.79), 18 O.68), 21 (0.57), 27 (2.13), 30 (5.38), 31 (0.39), 34 (0.20), 36 (0.79) This code refers to pockets or strands of dense (>75%) monoculture melaleuca (Melaleuca quinquenervia), which are scattered throughout the site. Remnant pine and cypress are occasionally observed and the reduced or absent midstory is limited to melaleuca. Groundcovers are also infrequent, occasional sawgrass, Cladium jamaicense and various graminoid species were observed. 621 Cypress - 2.83 acres 19 (2.83) Cypress (Taxodiurn spp.) is the dominant canopy species with melaleuca at densities approaching 25%. Groundcovers include yellow eyed grass (Xyris iridifolia), hatpins (Eriocaulon spp.) sawgrass (Cladiumjarnaicense) and swamp fern (Blechnurn serratulurn). 625 Hvdric Pine Flatwoods - 56.27 acres 1 (46.20), 23 (1.62), 38 (5.96), 40 (2.49) Hydric pine flatwoods; dominant canopy species is slash pine, _Pinus elliottii at about 50% canopy cover with varying amounts of melaleuca (Melaleuca quinquenervia), averaging greater than 2 NORTH NAPLES REGIONAL PARK 830, r488, CoUi r Coun Fl . ai 1 n Mitigation/Monitoring/Main,~c~3~ Revised February 2002, 50%. Both midstory and groundcovers are reduced, some melaleuca seedlings make up the midstory. Groundcovers include hatpins (Eriocaulon spp.), yellow eyed grass (Xyri~ iridifolia), broom sedge (Andropogon virginicus) and sawgrass (Cladium jamaicense). Little evidence of hydrology was observed in this area, wetland determination was on the basis of dominant species 624 Mixed Hvdric Cypress and Pine - 20.63 acres 22 (0.92), 3'3 0.72), 41 (15.99) Areas of higher quality cypress wetland, most likely the end of an historical cypress slough which ran through the center of the property. Cypress (Taxodium spp.) is the dominant canopy tree at approximately 40% canopy coverage with some slash pine (Pinus elliotii) and melaleuea at densities from 25% to 50%. Midstory species include cypress and wax myrtle (Myrica cerifera) with a thick groundcover of wire grass (Aristida stricta) also yellow eyed grass (Xyris iridifolia), pipewort (Eriocaulon spp.), bullrush (Scirpus spp.), marsh fleabane (Plucheafoetida), poison ivy (Toxicodendron radicans) and goldenrod (Euthamina minor). 424/624 N~elaleuea / Cypress / Pine - 53.12 acres 20 0.65 acres Melaleuca invasion has taken over this area of cypress nearing 75% canopy coverage with reduced midstory and groundcover species. 28 6.01 acres Mixed pine-cypress wetland with melaleuca invasion between 50-75%. No midstory observed and groundcovers include yellow eyed grass (Xyris iridifolia), hatpins (Eriocaulon spp.) sawgrass (Cladium jamaicense) and broom sedge (Andropogon virginicus). 46 46.46 acres This area is similar to the hydric pine flatwoods of 1, yet with more cypress in the canopy. Canopy cover is 50-60%. and melaluca makes up between 50-75% of both the canopy and midstory strata. Pockets of denser melaleuca and cypress are found within this area. The midstory is limited to melaleuca and occasional wax myrtle (Myrica cerifera) and groundcovers are similarly reduced, some sawgrass (Cladium jamaicense), yellow eyed grass Of)mis iridifolia), swamp fern (Blechnum serratulum), yellow tickseed (Coreopsis leavenworthiO and flat sedge were observed. Evidence of hydrology was observed and wet season watenr~arks recorded at approximately 3-4" above grade. 424/625 Melaleuca / Pine - 8.81 acres 25 (3.17), 32 (1.93), 39 0.71) Hydric pine flatwoods with rare cypress, and pockets of dense melaleuca, in excess of 75% throughout. Little midstory, other than melaleuca was noted and groundcovers varied including sawgrass (Cladium jamaicense), saw palmetto ($erenoa re£ens), Poison ivy (Toxicodendron radicans), maidencane (£anicurn hemitornon) and wiregrass (dristida stricta). 3.0 ON-SITE MITIGATION The proposed site development plan includes a large (82.47 acres) contiguous preserve in the southwest portion of the site. Recreational facilities and buildings have been concentrated in the NORTH NAPLES REGION~ PARK S30, T48S, R26E, Coiner Count, FJ~rid~. Mitigation/Monitoring/Mainte~t.n~l~n I Revised February 2002, 'P"FI'n~9~15 northern and eastern sections of the property that are more degraded by exotic invasion. In addition corridor areas along the eastern and western boundaries will be retained as preserves and buffers giving a total site preserve acreage of 98.57 of which 80.46 are w~tlands, and 18.11 uplands, all will undergo habitat enhancement activities including removal and maintenance of exotic vegetation. Mitigation towards on-site impacts is generated through the enhancement of 71.81 acres of the wetlands and 14.85 acres of the uplands. The main preserve area will be connected via control structures to the on-site lake(s) which will serve to maintain hydrology allowing water levels within the wetlands to follow natural seasonal changes to wh. ich wetland plants are adapted. The site is bermed to maintain hydrology and this feature, nmning much of the perimeter, serves in itself as a recreational opportunity for facility patrons. The attached table, labeled North Naples County Park Acreage Tables, shows the vegetative communities on the site broken down by FLUCCS category. Total acreage of each community is shown followed by the amount of preserve within the project, the direct development impacts, and the preserved vegetation retained on the site. The final column shows the amount of retained lands that have been counted as secondarily impacted wetlands. Other retained lands are-included in the direct wetland impact calculations. The distinction between direct impacts and retained (secondarily impacted) lands is made for mitigation calculations as well as for the wildlife agencies. Areas to remain vegetated are important to several wildlife species that ma3' potentially utilize the site. The following table presents the proposed mitigation value associated with the preservation and enhancement activities within the preserve areas. Area # [ Enhanced I Habitat Preservation Enhancement l Mitigation Acreage Description Ratio Ratio Credit WETLAND PRESERVES 1 21.84 Melaleuca (>50%) / Pine 3:1 7.28 I 2.31 Melaleuea (>50%)/Pine 6:1 0.39 9 2.51 Melaleuea (>90%) 0.75:1 3.35 18 3.68. Melaleuea (>90%) 0.75:1 4.91 19 2.83 Cypress 8:1 0.35 20 0.65 Melaleuea(>75%)/Cypress 0.75:1 0.87 21 0.23 Molaleuca (>90%) 0.75:1 0.31 22 0.22 Cypress/Pine 4:1 0.06 25 0.12 Melaleuca (>75%)/Pine 1:1 0.12 33 0.88 Cypress/Pine 5:1 0.18 39 0.38 Melaleuea (>75%)/Pine 0.75:1 0.51 40 0.29 Melaleuca (>50%)/Pine 3:1 0.10 43 6.83 Cypress/Pine/Melaleuea(50%) 3:1 2.28 46 29.04 Cypress/Pine/Melaleuea(50%) 3:1 9.68 WETLAND SUBTOTAL 30.36 UPLAND COMPENSATION Various 14.85 Pine and Palmetto Flatwoods 3:1 4.95 TOTAL 35.31 NORTH NAPLES REGIONAL PARK S 30, T48S, R26E, Collier Coun~]j~/~ Mitigation/Monitoring/Mainte~ Revised February 2002, TTT #9935 Ratios used in this analysis were taken fi.om the SFWMD Basis of Review (BOR) (effective 01/17/01). Ratios of 3:1, 4:1, 5:1, and 8:1 were used for areas with less than 75% exotic infestation. These ratios are within the ranges provided for guidance in the BOR. The ratio was determined dependant on the ever increasing amount of exotic infestation and the work it will entail to return these areas to historic form. The ratio of 1:1 was used for areas with greater than 75% exotic densities but some renanant native vegetation. This ratio is within the range provided for guidance in the BOR and was chosen due to the methods of restoration proposed. Immediate planting is proposed for these areas so less time will be needed for them to fully recover to historic form. Finally,'a ratio of 0.75:1 was used for areas 'with greater than 75% exotic densities and no remnant native vegetation. This is at the low end of the range provided in the BOR and was chosen due to the immediate improvements proposed by the applicant. Restoration of water levels and plantings will help these areas re-establish to historic form. Finally, the ratio of 3:1 was chosen for the upland preservation areas. This ratio is at the low end of the range presented in the BOR and was chosen for several reasons. First, the wetIand impacts offset by the uplands are of low quality with little wildlife, canopy, .and groundeover functional value added to the existing system. Second, the uplands will need enhancement efforts to remove the exotic vegetation that is rapidly colonizing them. Many of the uplands are degraded by the exotic vegetation that currently occurs on the site. Third, these uplands offer critical support to several species that may potentially utilize the site. Potential listed species that could benefit from the upland areas within the preserve include Big Cypress fox squirrel, Red-cockaded woodpecker, and Indigo snakes. 4.0 WETLAND ENItA.NCEMENT~XOTIC REMOVAL Exotic Vegetation Eradication In areas of heavy vegetation, a visual inspection for exotic plant invasion will be conducted and all Melaleuea and Brazilian Pepper found would be flagged, mapped and reported for treatment. Exotic removal within the mitigation lands will be accomplished manually. Felled trees will be mulched on site and removed. These maintenance activities will be performed in perpetuity as neede& If, following exotic eradication and one full growing season less than 50% coverage of native vegetation exists in any preserve area a planting plan will be developed in coordination with District staff. Maintenance shall be conducted semi-annually, in perpetuity, to ensure that the wetland and upland preserves are free of exotic/nuisance vegetation after maintenance activities (those species currently identified by the Florida Exotic Pest Plant Council's current list of most invasive plant species). The density of exotic and nuisance vegetation shah not exceed 5% of the total aerial cover between maintenance activities. Replanting Plans Most areas will be left to regenerate naturally for at least a year before deciding if replanting is necessary. In areas that are more that 75% melaleuca, replanting will be done immediately following the exotic eradication activities. No immediate seed sources are available in these areas so immediate replanting helps to re-establish the denuded areas more rapidly. Appropriate plant palettes will be applied for the affected areas that will be dependant on existing ground elevations, anticipated high water elevations, and historic vegetative cover. Also, all areas 5.0 NORTH NAPLES RF-~IONAL PARK S30, T45S, R26E, Collier County, Florida. Mitigation/Monitoring/Mainte~e~n4 Revised February 2002, disturbed as part of the construction or mitigation activities will be replanted according t~Dis-triet guidelines. Cypress: Cypress areas will be planted with sapling cypress, dahoon holly and scattered red maple trees with minimum heights of 4 feet. Depending on the size oft. he area being planting and the density of the adjacent vegetation, plaming will be done on 10 foot or 15 foot centers: It is anticipated that adjacent ground cover vegetation will rapidly colonize the areas so no ground cover planting will be done until a full growing season has passed. If ground cover colonization has not occurred, wiregrass, sawgrass, broomsedge, and other appropriate, available vegetation will be planted in those areas. These plantings will be done on 3 foot centers. Flatwoods: Pine flatwood areas will be planted with sapling slash pine on 15 foot centers. Trees will be fi.om 4' to 6' in height. In very hydric areas, a few cypress saplings may also be used. Limited midstory plantings are proposed because of the potential future utilization of the area by red-cockaded woodpeckers and fox squirrels. As above, no ground cover plantings will be done for a full growing..season.-Wkegrass,, cordgrass, broomsedge, and other appropriate vegetation will be used if no regeneration is seen within the first year. These will be plamed on 3- foot centers to fill in open areas. OFF-SITE MITIGATION A complete Wetland Rapid Assessment Procedure has been carried out for existing and post- development wetlands. Based on these functional scores, mitigation credits for the impacts not covered by the on-site activities will be purchased from the Panther Island Mitigation Bank. This is in addition to the total 98.57 acres of on-site mixed upland and wetland areas that will be placed under conservation easement. As seen in the table above above, the on-site activities provide 35.31 acres of credit. There is a deficit of 44.82 acres after on-site activities are completed. This deficit will be mitigated through purchase of credits at the Panther Island Mitigation Bank. Calculation of the credits needed was determined by utilizing the WRAP scores from the pre-development condition of the wetlands. The calculation is based on the following table. AREA ACREAGE WRAP TOTAL 1 6.64 0.56 3.7184 9 3.28 0.5 1.64 21 0.34 0.53 0.1802 25 3.05 0.53 1.6165 27 2.13 0.5 1.065 28 4.76 0.53 2.5228 30 5.18 0.44 2.2792 31 0.39 0.5 0.195 32 1.93 0.5 0.965 34 0.2 0.5 0.1 36 0.38 0.46 0.1748 46 16.54 0.56 9.2624 44.82 23.7193 NORT~ NAPLF~ RF_~ION~~. ] S30, T48S, R26E, Collier Cou.~ty, . Mitigation/Monitoring/Malnt~nance Plan Revised February 2002, TTT #9935 6.0 Therefore, the credit needed corresponds to 23.72 functional credits needed from the bank. MONITORING PLAN The goal of the monitoring plan outlined below is to enable evaluation and characterization of on- site preserve areas over time and document progress through a series of scheduled monitoring reports. The reports will quantify and describe conditions within ~e managed areas, comparing observations with proposed standards and offering advice for corrective actions if needed. 6.1 Monitoring Techniques Meandering transects will be followed in the preserve areas for vegetation inventory and exotic/nuisance species observations. A baseline report will describe the existing conditions prior to enhancement activities and the time zero report will describe the aerial extent of exotic removal and other mitigation work, i.e., re-vegetation (all exotics will have been removed prior to certificates of occupancy issuance by Collier County), photographs from referenced locations, qualitative observations of wildlife use and other information such as climatic and hydrological conditions and health of the existing vegetation. Transects will be established along with plot sampling stations to determine percent survival and percent coverage of planted and recruited plant species. Transects and plot sampling station locations will be determined at time zero, after exotic eradication. Prior to this report, a conservation easement shall have been recorded in the Collier County public records for 98.57 acres of preserve/mitigation lands. 7.0 Baseline~ Time Zero and Annual reports will include: · quantification of any regeneration of exotic species and recommendations for remedial actions, where applicable. · quantification of re-vegetation of cleared areas by native species. · percent coverage, open space and water depths, as appropriate. · direct and indirect wildlife observations. · site hydrological characteristics. · photographs from a referenced location and panoramic photographs. A photo-point from PVC labeled stake will be established. · panoramic photographs of upland/wetland preservation areas, mitigation areas and vegetation transects. · A staff gauge will be installed in each wetland preserve. SUCCESS CRITERIA Success criteria are summarized below to be referred to in the course of annual monitoring. 1) If, following exotic eradication and one full growing season less than 50% coverage of native vegetation exists in any preserve area a planting plan will be developed. 2) NORTH NAPLES REGIONAL PARK S30, T48S, R26E, Collier County, Florida. Mitigation/Monitoring/Maintenance Plan Revised February 2002' _T~#~ 51 1 The density of exotic or nuisance vegetation shall not exceed 5% of the total aenat c~over between maintenance activities. MONITORING AND MAINTENANCE SCHEDULE Report # Report Name/Maintenance Activity Date 1 Baseline Exotic Removal 2 Time-zero Biannual Maintenance 3 First Annual Biannual Maintenance 4 Second Annual Biannual Maintenance 5 Third Annual Biannual Maintenance 6 Fourth Annual Biannual Maintenance 7 Fifth Annual Jane 30, 2002 By 12/15/2002 December 31, 2002 By 6/15/2003 and 12/15/200.5 December 31, 2003 By 6/15/2004 and 12/15/200.4 December 31, 2004 By 6/15/2004 and 12/15/200.5 December 31, 2005 ............ By 6/15/2006 and 12/15/2006 December 31, 2006 By 6/15/2007 and 12/15/200 7 December 31, 2007 SITE INSPECTION JANUARY 2008 //, EXHIBIT #5 FLUCCS AND DESCRIPTIONS ~z~ On the following pages vegetative communities present on site are described accordt t6 ] 1 the Florida Land Use Covex and Forms Classification System (FLUCFCS). Please also reference the supporting FLUCFCS map. Habitat numbers, codes and acreages are shown. UPLANDS: 321 Saw Palmetto - 5.54 acres 3 (1.19),4 (OAS), 5 (0.12) 6 (0.29), 8 (0.41), 11 (0.20), 12 (0.10), 13 (0.22), 14 (0.46), 15 (0.27), 17 (0.21) 41 (0.23), 42 ( 0.14 ), 44 (0.90), 45 (0.62) These areas are upland islands scattered throughout the site with sparse (less than 15% canopy coverage) slash pine (Pinus elliottiO canopy and saw palmetto (Serenoa repens) dominant in the midstory and groundcover strata. Melaleuca is common around the edges at the Wetland-upland transition and midstory plants include wax myrtle (Myrica cerifera) and occasional myrsine. Groundcovers observed include greenbfiar (Smilax spp.), grapevine (Virus rotundifolia), gallberry (Ilex coriacea), sawgrass (Cladium jamaicense) and yellow eyed grass (Xyris iridifolia). _ ...... 411 Mesic Pine Flatwoods - 46.64 acres 2 (1.51) 7 (4.71), 10 (4.64), 16 (1.50), 24 (0.87), 26 (1.60), 29 (20.15), 35 (3.41), 37 (8.25) These uplands are pine-palmetto islands with slash pine (Pinus elliottii) the dominant canopy species at +/-25% with saw palmetto ($erenoa repens), and wax myrtle (Myrica cerifera) in the midstory. Groundcover is made up mostly of saw palmetto, also noted are wiregrass (Aristida stricta), grapevine (Vitus rotundifolia) and rusty lyonia (Lyonia ferruginea). This habit is similar to the palmetto islands (3211, above) common around the edges of the transkion zones with adjacent wetlands of melaleuca and wetland grasses. WETLANDS: 424 Melaleuea - 18.93 acres 9 (5.79), 18 (3.68), 21 (0.57), 27 (2.13), 30 (5.38), 31 (0.39), 34 (0.20), 36 (0.79) This code refers to pockets or strands of dense (>75%) monoculture melaleuca (MelaIeuca quinquenervia), which are scattered throughout the site. Remnant pine and cypress are occasionally observed and the reduced or absent midstory is limited to melaleuca. Cn'oundcovers are also infi'equent, occasional sawgrass, Cladium jamaicense and various graminoid species were observe& 621 Cypress- 2.83 acres 19 (2.83) Cypress (Taxodium spp.) is the dominant canopy species with melaleuca at densities approaching 25%. Groundcovers include yellow eyed grass (Xyris iridifolia), hatpins (Eriocaulon spp.) sawgrass (Cladium jamaicense) and swamp fern (Blechnum serratulum). 1611 625 Hydric Pine Flatwoods - 56.27 acres 1 (46.20), 23 (1.62), 38 (5.96), 40 (2.49) Hydric pine flatwoods; dominant canopy species is slash pine, Pinus elliottii at about 50% canopy cover with varying amounts of melaleuca (MelaIeuca quinquenervia), averaging greater than 50%. Both midstory and groundeovers are reduced, some melaleuca seedlings make up the midstory. Groundcovers include hatpins (Eriocaulon spp.), yellow eyed grass (Xyris iridifolia), broom sedge (~lndropogon virginicus) and sawgrass (Cladium jamaicense). Little evidence of hydrology was observed in this area, wetland determination was on the basis of dominant species 624 Mixed Hydric Cypress and Pine - 20.63 acres 22 (0.92), 33 (3.72), 41 (15.99) Areas of higher quality cypress wetland, most likely the end of an historical cypress slough which ran through the center of the property. Cypress (Taxodium spp.) is the dominant canopy tree at approximately 40% canopy coverage with some slash pine (Pinus elliotii) and melaleuca at densities fi.om 25% to 50%. Midstory species include cypress and wax myrtle (Myrica cerifera) with a thick groundcover of wire grass (Aristida stricta) also yellow eyed grass (Xyris iridifolia), pipewort (EriocauIon spp.), bullrush ($cirpus spp.), marsh fleabane (Pluchea foetida), poison ivy (Toxicodendron radicans) and goldenrod (Euthamina minor). 424/624 Melaleuca / Cypress /Pine - 53.12 acres 20 0.65 acres Melaleuca invasion has taken over this area of cypress nearing 75% canopy coverage with reduced midstory and groundcover species. 28 6.01 ~eres Mixed pine-cypress wetland with melaleuca invasion between 50-75%. No rnidstory observed and groundcovers include yellow eyed grass (Xyris iridifolia), hatpins (EriocauIon spp.) sawgrass (Cladium jamaicense) and broom sedge (Andropogon virginicus). 46 46.46 acres This area is'similar to the hydric pine flatwoods of 1, yet with more cypress in the canopy. Canopy cover is 50-60% and melaluea makes up between 50-75% of both the canopy and midstory strata. Pockets of denser melaleuca and cypress are found within this area. The midstory is limited to melaleuca and occasional wax myrtle (Myrica cerifera) and groundcovers are similarly reduced, some sawgrass (Cladium jarnaicense), yellow eyed grass (Xyris iridifolia), swamp fern (Blechnum serratulum), yellow tiekseed (Coreopsis leavenworthii) and flat sedge were observed. Evidence of hydrology was observed and wet season watermarks recorded at approximately 3--4" above grade. 424/625 Melaleuca / Pine - 8.81 acres 25 (3.17), 32 (1.93), 39 (3.71) Hydri? pine flatwoods with rare cypress, and pockets of dense melaleuca, in excess of 75% throughout. Little midstory, other than melaleuca was noted and groundcovers varied including sawgrass (Cladium jamaicense), saw palmetto ($erenoa rcpens), Poison ivy (Toxicodendron radicans), maideneane (Panicum hemitomon) (Aristida stricta). EXHIBIT #6 1611 SOILS 3~ 27 25 1! I'7, '19 (11) Hallandale Fine Sand- soil is on the flatwoods. irregular in shape, and range from 20 to !000 acres. is 0 to 2 percent. 1611 This nearly level, poorly drained Individual areas are elongated and The slope Typically, the' surface layer is very dark gray fine sand about 3 inches thick. The subsurface layer is grayish brown fine sand to a depth of about 9 inches. The subsoil is yellowish browrl fine sand to a depth of about 12 inches. Limestone bedrock is at a depth of about 12 inches. In 95 percent of areas mapped as this soil, ~allandale and similar soils make up 83 to I00 percent of the map unit. The characteristics of Boca and Jupiter soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Pineda and Riviera, limestone substratum soils on slough landscape positions. These soils make up about 17 percent .or less of the unit. The permeability of this soil is rapid. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface for ! to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists of south Florida slash pine, sawpalmetto, creeping btuestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row 'crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the'soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage, and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season.' It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures ca~ ben,grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, logsided indiangrass, pineland threeawn and chalky bluestem. Management practices should include deferred grazing and brush control. This Hallandale soil is in the South Florida Flatw~ods range site. This soil has severe limitations for most urban uses because of ShalloQ bedrock and wetness. If this soil is used as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, some of these limitations can be overcome. This Hallandale soil is in capability subclass IVw. 1611 (14) Pineda Fine Sand, Limestone Substratum- This nearly level, poorly drained soil is in sloughs and poorly defined drainageways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. Typically, the surface layer is dark grayish brown'fine sand about 4 inches thick~ The subsurface layer is light brownish gray fine sand to a depth of about 12 inches. The subsoil is to a depth of about 55 inches; .the upper part is brownish yellow and very pale brown fine sand, the middle part is grayish brown sandy clay loam, and the lower part is light brownish gray and dark grayish brown fine sandy loam. Limestone bedrock is at a depth of about 55 inches. In 95 percent of areas mapped as this soil, Pineda and similar soils make up 79 to 100 percent of the map unit. The characteristics of Holopaw and Riviera, limestone substratum sgil. are-similar. Soils of dissimilar characteristics included in this unit are small areas of Boca, Eallendale and Malabar soils on similar landscape positions. These soils make up about I1 percent or less of the unit. The permeability of this soil is slow. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of south Florida slash pine, waxmyrtle, chalky bluestem, blue maidencane and gulf muhly. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil- improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparations should include bedding of the ~ows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage ~nd elevates the trees above the seasonal high water~ab~e~. A good grass cover crop between the trees helps to protect-the soil from blowing when the trees are younger. With good water control management, this soil'is well suited to pasture. A water control system is needed ko remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass- clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is'well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluestem and bluejoint panicum. Management practices should include deferred grazing. This Pineda soil is in the Slough range site. This soil has severe limitations for most urban uses because of the high water table.. To overcome this limitation, building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of'wetness and sandy texture. Problems associated with wetness can be corrected by providing adequate-drainage and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable.topsoil or by resurfacing the area. This Pineda soil is in capability subclass iIIw. 1611 (21) Boca Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Individual areas are elongated and irregular in shape and range from 20 to 350 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark'gray fine sand about 4 inches thick. The subsurface layer is fine sand:to a depth of about 26 inches; the upper part is light gray and the lower part is brown. The subsoil is dark grayish brown fine sandy loam to a depth. 6f about 30 inches. Limestone bedrock is at a depth of about 30 inches. In 95 percent of areas mapped as this soil, Boca and similar soils make up 79 to 93 percent of the map unit. The characteristics of Hallenda!e soil are similar. Soils of dissimilar characteristics included in this map unit are small areas of Pineda and Riviera, limestone substratum soils in slough landscape positions, These--soils make up about 7 to 21 percent of the unit. The permeability of this soil is moderate. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface of ! to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of south Florida slash pine, cabbage palm, sawpalmetto, waxmyrtle, chalky bluestem and pineland threeawn. ~ This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable form many fruit and vegetable crops. A water control system is needed to remove excess water in wet'season and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maSntain good drainage to an effective depth ara needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management;~this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, 1611 bahiagrass and clover. Excellent pastures of 'grass or grass~ clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeawn and chalky bluestem. Management practices should include deferred grazing and brush control. This B6ca soil is in the South Florida Flatwood range site. This soil has severe limitations for most urban uses because of wetness. If this soil is used as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, many of these limitations-can be overcome. This Boca soil is in capability subclass IIIw. EXHIBIT #7 SITE PLAN 1611 EXHIBIT #8 ARCHAEOLOGICAL INFORMATION 1611 FLOi~DA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES May7,2001 Ms. Cloc Essex Tun'oil & Associates, Inc. 3584 Exchange Avenue Suke B Naples, FI. 34104 FAX#'. (941) 643-6632 I~ar I~. Essex: In response to your inquiry of May 4th, 2001, ~he Florida Master Site File lists no previously recorded cultural resources in thc foltowing pamels: T48S, R25E, Section 30 In interpreting the results of our search, please remember the following points: Areas which have not been completely surveyed, such as yours, may contain unrecorded archaeological sites, unrecorded historically important structures, or both. As you may know, state and federal laws require formal environmental review for some projects. Record searches by the staff of the Florida Master Site File do not constitute such a review of cultural resources. If your project falls under these laws, you should contact the Compliance Review Section of the Bureau of Historic Preservation at 850- 487-2333 or at this address. Si~z~ly, a~ ~M. Craamcr,~50~-487-2299 Senior Historical Data Analyst, Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough S~reet Tallahassee, Florida 32399-0250 State SunCom: 277-2299 Fax linc: 850-921-0372 Email: fmsfile~mail, dos. state.fl.u~ Web: http://www, dos. state.fl, us/dhr/rnsff DIRECTOR'S OFFICE R.A Gray Building · 500 South Bronough Street · Tallahassee, Florida 32399-0250 * (850)488-1480 FAX: (850)488-3353 · 9vna/36/Address http~/www.dos.state.fl, us ARCHAEOLOGICAL RESEARCH r'l HISTORIC PRESERVATION r'l HISTORICAL MUSEUMS P:~t~TF..3ffPI.~I'~-~N~gatn~.do~ May 7, 2001 EXHIBIT #9 THREATENED AND ENDANGERED SPECIES INFORMATION INTRODUCTION NORTH NAPLES REOIONAL PARK Section 30, Township 48 South, Range 25 East, Collier County Threatened and Endangered Species Survey The proposed North Naples Regional Park consists of approximately 212 acres in the northern part of Collier County for which a regional park offering recre~ttional and sporting facilities is planned. The site is located within the south west quadrant of the intersection between Imerstate 75 and Immokalee Road, abutting 1-75 along 'the eastern property line about half a mile south of Immokalee Road (Exit 17). Access will be provided by the planned future extension of Livingston Road which will be x,,,est of the Park. Surrounding existing land use includes planned future residemial developmems of Livingston Lakes and Donovan Cemer to the north, 1-75 to the east, the residemial development Wilshire Lakes to the south and to the west, an FPL easement just east of the future Livingston Road. To consider potential effects of the proposed project on any state or federally listed species that may utilize the property for feeding/foraging and/or nesting, a Threatened and Endangered Species Survey was performed and is described in the following report. Included in section IV is a summary of previously completed surveys on adjacent properties for the endangered Red-cockaded woodpecker (Picoides borealis) and a map showing known active and abandoned colonies in the Collier County area prepared by U.S. Fish and Wildlife Service staff, is attached. The area surrounding this project was known in previous years, to support the species although as shown in the summary no sightings have been reported since the early 1990's. METHODOLOGY Prior to any wildlife survey, careful consideration is given to the habitat type/s in question and species which are known to utilize such areas. Thus, before any survey is carried out a number of publications and references are consulted. These include: The Official Lists of Florida's Endangered Species, Threatened Species and Species of Special Concern, dated April 29, 1996, Florida Game and Freshwater Fish Commission (FGFWFC) Wildlife Methodology Guidelines and the Florida Natural Areas Inventory (FNAI) for Collier County. The basic objective of any wildlife survey is to obtain evidence that a listed species is using the subject site. The site may comprise a primary or secondary feeding/foraging or nesting zone or merely be adjacent to those sites for a particular listed species. As many species of concern in Florida are cryptic/camouflaged and/or nocturnal/crepuscular, patience and sufficient time must be devoted to the survey. An aerial and preliminary FLUCFCS map was consulted prior to arriving on-site and a system of meandering transects followed throughout the subject area. NORTH NAPLES REGIONAL PARK Section 30, Township 48 South, Range 25 East, Co~ier ~oun~y Threatened and Endangered Sl~~rv~y Revised May 2002qml'~9J5 A slow pace along transects was maintained, stopping every few minutes to look and listen for movement or calls of any animal. Indirect evidence such as rootings, scrape marks, nests, cavities, burrows, tracks and scat were looked for and duly noted. rli. SURVEY TIMES Fieldwork for the Threatened and Endangered Species survey was performed over the course of nine months allowing consideration of use of the site by migratory species. Survey- times and staff are detailed below. Date Time Staff July 26, 2000 08:00 - 12:00 July 27, 2000 15:00 - 18:00 July 28, 2000 07:00 - 12:00 July 31, 2000 12:00- 18:00 August 1, 2000 15:00 - 20:00 September 26, 2000 08:00 - 15:00 September 27, 2001 12:00 - 16:00 January 9, 2001 06:00 - 12:00 January 10, 2001 18:00 - 21:15 May 8, 2001 06:15 - 11:30 " 18:00 - 21:00 Marielle Kitchener Marielle Kitchener Marielle Kitchener Marielle Kitchener Marielle Kitchener Marielle Kitchener & Cloe Essex Marielle Kitchener & Cloe Essex Cloe Essex Cloe Essex Cloe Essex & Todd Turrell Cloe Essex & Todd Turrell TOTAL MAN HOURS: 72.75 2 NORTH NAPLES I~O~ONAL PARK S~ction 30, Township 4~ South, Range 2~ East, Collie~ Co~nty rn,ea nedand d g reaS ecq ReUsed May 2002 ~ ~51 RESULTS AND DISCUSSION A complete list of all wildlife species observed on the site is provided in the table below. Common Name Scientific Name Mourning Dove Blue jay Common nighthawk Great egret* Cormorant* Little blue heron* Green heron Red shouldered, hawk Common yellowthroat Northern Flicker Cardinal American redstart Eastern Pheobe White eyed vireo Red bellied woodpecker Pileated woodpecker Downy woodpecker Chuckwills widow Black racer Dusky pygmy rattlesnake Brown anole Box turtle Armadillo Racoon Bobcat Gray squirrel Eastern cottontail Zenaida macroura Cyanocitta cristata Chordeiles minor Ardea aIba Phalacrocorax auritus Egretta caerulea Butorides virescens Buteo lineatus Geothlypis trichas Colaptes auritus Cardinalis cardinalis Setophaga ruticilla Sayornis phoebe Vireo griseus Melanerpes carolinus Drycopus pileatus Picoides pubescens Caprimulgus carolinensis Coluber constrictor Sistrurus miliarius Anolis sagrei Terrepene carolina major Dasypus novemcinctus Procyon lotor Lynx rufus Sciurus carolinensis Sylvilagus floridanus Notes: * Flying overhead Chewed pine cones were observed indicating that Big Cypress Fox Squirrels may have utilized the site. No nests or individuals were observed. Crayfish burrows were found throughout the wetland areas on site. 1 NORTH NAPLES RF-~--___~ION~ ]:)ARK S~ction 30, Township 4~ South, Range 25 East, Col4~r Revised May 2002~ TTT~993~ A list of species that would be expected to occur on the subject site can be given through analysis of known vegetative communities both on-site and contiguous to the site and available background data. Sources include the draft Fish and Wildlife Service Multi Species Recovery Plan, Part 2, Appendix C, Species of Concern and their ~Respective Corem,miry Types in South Florida, in addition to communication with personnel at state and federal wildlife agencies. Vegetative communities are presented by FLUCFCS code with numbers in accordance with the supporting map together with acreage and potential wildlife species. Consideration of the suitability and likelihood for a given community to support a particular species is given in light of adjacent and contiguous land uses. Abbreviations used in the discussion are as follows; F = Federal S = State E = Endangered T = Threatened SSC = Florida Species of Special Concern C = Federal Candidate *= FWS Species oflvlanagement Concern R = Rare Slash Pine Flatwoods (41111-1) and Slash Pine - Palmetto prairie (3211-411 !) Appendix C lists the following species within the community type Mesic Pine Flatwoods; Florida Weasel (Mustela frenaata peninsulae, R), Big Cypress Fox Squirrel (Sciurus niger avicennia, *), Florida Black bear (Ursus americanus floridanus, FC, ST), White Ibis (Eudoc#nus albus, SSC), American Kestrel (Falco sparverius paulus, *, ST), Sandhill crane (Grus canadensis pratensis, ST), Bald eagle (Haliaetus leucocephalus, FT, ST), Red cockaded woodpecker (Picoides borealis, FE, ST), Audubons crested camcara (Polyborus plancus audubinii, FT,, ST), Eastern Indigo snake (Drymarchon corals couperi, FT, ST), Gopher tortoise (Gopherus polyphemus, ST), Eastern Beard grass skipper (Atryone arogos arogos, *). Mixed Cypress/MeIaleucaJPine (6210-4240-4111) Listed species potentially observed within this classification include the following: Ivory Billed Woodpecker (Campephilus principalis, FE, SE) and Swallow tailed Kite (Elanoides forficatus, ST). (No sightings of the Ivory Billed Woodpecker have been verified on the US mainland in recent years). 4 NORTH NAPLES RF-~IONAL PA~K Section 30, Township 48 South, Pumge 25 East, Collier County Threatened and Endangered ~ee~s Sqrv~ Revised May 20~S~ ~ ~9~ Of the above species the Red-cockaded woodpecker (RCW) had been docum~rit~d on the Donovan property which abuts the eastern had of the northern property boatadary, also Carlton Lakes just north of Immokaiee Road. Several species specific surveys were carried out during the permitting process for this project and summaries are provided below. Southern Biomes reported sightings and cavity trees on the Donovan property in a 1988 listed species survey. In 1989 Marty Roessler examined 6 cavity trees on the site and an area adjacent to a wetland in the southwest comer and another in the southeast portion, with active roosting colonies. The last known sightings were reported by Kirn Dryden of the (then) Florida Game and Freshwater Fish Commission in 1992. ~ In a 1994 WilsonMiller survey: no woodpeckers, cavity trees or start holes veere found either on the Donovan property or along it's boundary. Marty Roessler performed a survey of the site in May 1996 and failed to find any woodpeckers or signs that they are currently using the site. The cavity trees that had been observed in 1989 were not located. It was concluded that the cavity trees and start hole trees were cut down sometime during the end of 1989 and beginning of 1990. Southern Biomes also completed a survey in 1996 and no RCW's were noted, but plastic owls were observed scattered on the properties to the west and south. The report concluded that there are no RCW's remaining in the area. A letter ~om the Fish and Wildlife Service (9-11-96) acknowledged the negative survey results and stated that FWS has no further recommendations for RCW protection on the Donovan site (preservation of land suitable for the Big cypress fox squirrel was noted). Attached is a map prepared by Klm Dryden of the FWS which shows the previously existing colonies close to the subject site as inactive/abandoned. At Carlton Lakes, north of Immokalee Road, both Marty Roessler and Southern Biomes surveyed the site in 1996 and failed to find any evidence of current use by RCW's. The site had previously supported RCW activity and 9 inactive and abandoned cavity trees were recorded in 1990. A fire in 1994 destroyed much of the pine flatwoods and lett that remaining open to Melaleuca invasion. Southern Biomes report indicated that there is likely no RCW activity leit in the area. The Florida Fish and Wildlife Conservation Commission and U.S. Fish mad Wildlife Service requested a species specific RCW survey be conducted to verify that RCW's had not re-colonized the site in the intervening years since the last report. The survey was done in May 2002 and the results are documented in a separate report. The potential for the other species listed above to occur on the site has been reduced by the development ofi75 and invasion by exotic plant species. SUMMARY 5 NOKTH NAPLES KEC3IONkL PARK Section 30, Township 48 South, Range 25 East, ~ ellis' County. Tbreate. ed and E. da.g~ed~~rv~ Revised M ~[.,1 ~[ Development of the subject site is not expected to result in any detrimental impacts to state or federally listed wildlife species, primarily because past use patterns have reduced the sites' ability to support populations of listed species.. In addition, preservation and enhancement of wetland areas on-site will increase their usefulness as feeding/foraging areas for listed transiem avian species. 6 Red-cockaded Woodpecker Study Results NORTH NAPLES REGIONAL PARK SEC 30, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA May 2002 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 S30, T48S, R26E, Collier County--Florida.' Red-cockaded Woodpecker Report May 2002, TTT 89935 TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. Study Report Attachment A - Location Map Attachment B - FLUCCS Map Attachment C - Soils Information Attachment D - Proposed Site Plan Attachment E - Preserve Map Attachment F - Aerial Photograph NORTH NAPLES REGIONA~.A~.. ~ ~ S30, T48S, R26E, Collier ~ounty, ' "~ Red-cockaded Woodpecker t~ep~rt May 2002, TTT ~935 Introduction The proposed North Naples Regional Park consists of approximately 212 acres in the northern part of Collier County for which a regional park offering recreational and sporting facilities is planned. The site is located within the south-west quadrant of the intersection between Interstate 75 and Immokalee Road, abutting 1-75 along the eastern property line about haw a mile south of Immokalee Road (Exit 17). Access will be provided by the planned future extension of Livingston Road that will mn west of the Park. Surrounding existing land use includes planned future residential developments of Livingston Lakes and Donovan Center to the north, 1-75 to the east, the residential development Wilshire Lakes to the south and to the west, an FPL easement just east of the future Livingston Road. This report documents the findings of a species specific survey conducted at the request of the Florida Fish and Wildlife Conservation Commission as well as a summary of previously completed surveys on adjacent properties for the endangered Red-cockaded woodpecker (Picoides borealis). A map showing known active and abandoned colonies in the Collier County area prepared by U.S. Fish and Wildlife Service staff, is attached. The area surrounding this project was known in previous years, to support the species although as shown in this report, no sightings have been reported since the early 1990's. Methodology of Field Work: Turrell and Associates, Inc. spent 7 days conducting field work on and offofthe subject property. The majority of time was spent surveying the most likely locations of red- cockaded woodpecker (rcw) cavity trees. On this property, that equated to the pine flatwoods and the edges of pine flatwood interfaces with adjacent wetlands and open areas. Appropriate areas within contiguous forested areas were surveyed both on the subject property and within approximately ½ mile to the north and lA mile to the south and west. Nearby residential developments and 1-75 were considered boundaries of the survey area. Before conducting the field work, several sources of information were consulted in order to best determine where field work would be concentrated. The 1998 Soil Survey of Collier County was examined to verify the presence of upland soil units on the property. Some soil units, such as Boca Fine Sand and Hallendale Fine Sand, list the expected plant communities as slash pine, cabbage palm, saw palmetto, wax myrtle, and herbaceous ground covers. These plant communities could potentially harbor or support RCWs and are highlighted for field examination~ Aerial photographs of the property were also examined for plant communities likely to support RCW colonies and cavity trees. Early field work on the property provided verification of the jurisdictional wetland limits as well as vegetative compositions broken down according to the 1999 DOT Florida land use, Cover forms and Classification System (FLUCCS) and this information was also used to determine where to concentrate field work. Attached to this report are copies of Page 1 of 5 S30, T48S, R26E, Collier ' Red-cockaded Woodpecker Report May 2002, TTT 09935 the FLUCCS map, the Soils map, and an aerial photograph showing areas of higher probability for RCW presence. Results of Coordination with Agencies: On August 20, 2001, technical assistance regarding RCWs was requested fi.om the United States Fish and Wildlife Service (FWS). During this meeting, Klm Dryden of FWS, was asked about know colonies or nest trees in the vicinity of the subject property. She stated that there was known historic utilization of property and that there were at least two known historic clans that at one time were present on the property. Harassment activities towards the birds were noted that most likely led to the abandonment of the site in 1992. These activities included trees being cut down and placement of plastic owls thronghom the immediate area. No enforcement actions were taken. Mr. Jim Beever of the Florida Fish and Wildlife Conservation Commission was also consulted in December 2001, and confirmed the site history. Past RCW Survey Results in Project Vicinity The Red-cockaded woodpecker (RCW) had been documented on the Donovan property which abuts the eastern half of the northern property boundary, and also on the Carlton Lakes property just north of Immokalee Road. Several species-specific surveys were carried out during the permitting process for these projects, summaries of which are provided below. Southern Biomes reported sightings and cavity trees on the Donovan property in a 1988 listed species survey. In 1989 Marty Roessler examined 6 cavity trees on the site and an area adjacent to a wetland in the southwest comer and another in the southeast portion, with active roosting colonies. The last known sightings were reported by Kim Dryden of the (then) Florida Game and Freshwater Fish Commission in 1992. In a 1994 Wilson Miller survey: no woodpeckers, cavity trees or start holes were found either on the Donovan property or along it's boundary. Marty Roessler performed a survey of the site in May 1996 and failed to find any woodpeckers or signs that they were using the site. The cavity trees that had been observed in 1989 were not located. It was concluded that the cavity trees and start hole trees were cut down sometime during the end of 1989 and beginning of 1990. Southern Biomes also completed a survey in 1996 and no RCW's were noted, but plastic owls were observed scattered on the properties to the west and south. The report concluded that there were no RCWs remaining in the area. A letter from the Fish and Wildlife Service (9-11-96) acknowledged the negative survey results and stated that FWS has no further recommendations for RCW protection on the Donovan site (preservation of land suitable for the Big cypress fox squirrel was noted). Attached is a map prepared by Kim Dryden of the FWS which shows the previously existing colonies close to the subject site as inactive/abandoned. Page 2 of 5 S30, T48S, R26E, Collie County,'Florida. Red-cockaded Woodpecker Report May 2002, TTr g9935 At Carlton Lakes, north of Immokalee Road, both Marty Roessler and Southern Biomes surveyed the site in 1996 and failed to find any evidence of current use by RCW's. The site had previously supported RCW activity and 9 inactive and abandoned cavity trees were recorded in 1990. A fire in 1994 destroyed much of the pine flatwoods and let~ what remained open to heavy Melaleuca invasion. Southern Biomes report indicated that there is likely no RCW activity leR in the area. Results of Field Examinations: The site was first visited and thoroughly examined during the initial site investigations performed by Turrell and Associates. These investigations included a jurisdictional determination as well as a Listed Species Survey. Approximately 73 man-hours were spent between Iuly 2000 and May 2001 dedicated to the Listed Species Survey. The information previously gathered was used for this RCW survey in order to concentrate on the most appropriate areas and prioritize survey time within areas more likely to support RCW utilization. The highlighted areas are depicted on the enclosed aerial photograph of the subject site and the surrounding properties. There are basically three habitat types represented on the property. Mesic pine flatwoods characterized by a slash pine (Pinus elliottiO canopy with a wax myrtle (Myrica cerifera) and palmetto (Serenoa repens) understory; Hydric pine flatwoods characterized by a slash pine canopy with widely scattered cypress and a sparse graminoid groundcover; and · Cypress wetlands dominated by a cypress canopy and widely scattered swamp fern (Blechnurn serratulurn) and assorted grasses and sedges. The entire site has been affected by melaleuca (Melaleuca quinquenervia) infestation to varying degrees. Areas lacking slash pine support or with heavy concentrations (>50%) ofmelaleuca were not extensively surveyed for this report. The site survey was conducted with a series of long meandering transects through and along the areas noted during earlier examinations. While walking the meets, observers stopped for varying lengths of time to thoroughly inspect surrounding trees for cavities or for sightings of foraging birds. Each observer used binoculars to examine trees and to assist in species identification. A slow pace along transects was maintained, stopping and waiting every few minutes to look and listen for movement or calls of any animal. All birds noted both by call or visually were noted and duly recorded. Observations were made during early morning (sunrise to three hours after) and late aRernoon (three hours before sunset to sunset) hours. Personal experience as well as multiple reports indicate that these are the most active times for the birds and survey during these periods increases the chances of observing foraging birds if they are present. Data logs were maintained for the field observations. These logs included the date and time of the survey, weather conditions, notes on any distinctive or unusual circumstances, and a record of species and general location of any observed wildlife. Page 3 of 5 611 S30, T455, R26E, Collie~ County, Florida. Red-cockaded Woodpecker Report May ~00~, T~F Cumulative Time of Field Observations The mount of time spent dedicated to field observations as a part of this survey is recorded below. The time is broken down into on-site and off-site time. Time spent by multiple observers is summed up and presented as total man-hours for each day's observations. Date Time Spent On-Site Off-Site May 10* 1 8 Mayl6 3 May 20 6 May 21 * 7 3 May 22* 6 3 May 23' 3 6 May 24 1 2 Totals 27 22 * Represents days that both morning and evening observations were made. Survey Results A total of 49 man-hours of field survey were made during the course of this study. No RCW cavity nest trees were observed on or within the vicinity of the proposed project site. Three cavities were observed in dead trees, one of which was in use by a red-bellied woodpecker. The highest quality habitat suitable to RCWs was located to the north of the subject property within the Donovan property limits. This area contained open upland pine forest with mature trees that fell well within the 40+ year age classification favored by RCWs for cavity construction. This area also was adjacent to smaller pines and mixed pine cypress communities and so provided ample foraging oppommities as well. Melaleuca infestation is beginning to occur and habitat qu_ality seemed to generally be declining throughout the study area. The subject site did contain habitat suitable to RCWs but the current study, in addition to all of the previous work done in this area, indicates that the area is no longer favored by RCWs. Site Plan Considerations The proposed project is to construct a Regional Park on the property with associated facilities. The proposed plan preserves approximately 99 acres of native habitat of which about 15 acres is mesic pine and 27 acres will be restored to hydric pine. The remainder of the preserve will be cypress or mixed cypress / pine communities. The proposed preserve is located within the southern property limits to connect with the existing Page 4 of 5 NORTh N~PLZS R~.GIONA~ _A~ S30, T45S, R26E, Collic~ Count~, F~ri~d~. Red-~oci~aded ~oodpecker Report May 2002, TTT 09935 preserve area associated with the Wilshire Lakes development. The preserve also contains two north/south corridors along the eastern and western boundaries that would support avian passage through the site. While the historic utilization of the site by RCWs is well documented, Current studies have shown that this historic use is no longer present. Current conditions and surrounding development make it unlikely that future utilization will occur. Still, the proposed site plan does contain, and recommend for restoration, habitats suitable to RCW use. The plan would allow for RCW recolonization should new birds move into the area. A complete list of all bird species observed either visually or by known call during this survey is provided in the table below. Common Name Scientific Name Mourning Dove Blue jay Common nighthawk Great egret* Little Blue Heron* White Ibis* Red-shouldered hawk Common yellowthroat Northern Flicker Red bellied woodpecker + (nest) Downy woodpecker Cardinal Northern mockingbird Grey catbird Chuck-wills-widow Carolina Wren Zenaida macroura Cyanocitta cristata Chordeiles minor ~trdea alba Egretta caerulea Eudocimus albus Buteo lineatus Geothlypis trichas Colaptes auritus Melanerpes carolinus Picoides pubescens Cardinalis cardinalis Mimus polyglottis Dumetella carolinensis Caprimulgus carolinensis Thryothorus ludovicianus * Flying overhead Page 5 of 5 Typical Pine Flat-wood onsite with Iow exotic species coverage. 1611 Typical Pine Flatwood onsite with high exotic species coverage. SITE PROJECT STATE OF FLORIDA MARCO ~ CITY tAMPA ,lYF_RS NAPLES KEY WEST COLLIER COUNTY LOCATION MAP NO~E: THESE DRA~NGS ARE FOE PERMITnNG PURPOSES ONLY AND ARE NOT IN3ENDED FOR CONSTRUC~ON USE COUNTY PARK o,~,,, IS*S I o^~ I°''-'~'~ I ,~e .o. too35 I LOCATION MAP · :.:.:.:"' :.:.~ '. ::' :i:i:i:::~i: .'.::: , :~"':~i:i:: .... ::::::::::::::::::::::::::::::::::::: , :: : .... · . · .. :::::.. 1611 Co llier Co un ty Po~'h $O:T.L$ MAP ll - Hallendale Fine Sand 14 - Pineda Fine Sand, Limestone Substratum 21 - Boca Fine Sand HYDP,~C Property Boundary Hydric Soils 1611 (11) Hallandale Fine Sand- This nearly level, poorly drained soil is on the flatwoods. - Individual areas are elongated and irregular in shape, and range from 20 to 1000 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark gray fine sand about 3 inches thick. The subsurface layer is grayish brown fine sand to a depth of about 9 inches. The subsoil is yellowish brown fine sand to a depth of about 12 inches. Limestone bedrock is at a depth of about 12 inches. In 95 percent of areas mapped as this soil, Hallandale and similar soils make up 83 to 100 percent of the map unit. The characteristics of Boca and Jupiter soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Pineda and Riviera, limestone substratum soils on slough landscape positions. These soils make up about 17 percent or less of the unit. The permeability of this soil is rapid. The available water capacity is very Iow. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface for 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists of South Florida slash pine, saw palmetto, creeping bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage, and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to panglograss, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeawn and chalky bluestem. Management practices should include deferred grazing and brush control. This Hallandale soil is in the South Florida Fl~twoo_d.s range site. 1611 This soil has severe limitations for most urban uses because of shallow bedrock and wetness. If this soil is used as septic tank absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, some of these limitations can be overcome. This Hallandale soil is in capability subclass IVw. (14) Pineda Fine Sand, Limestone Substratum- This nearly level poorly drained soil is in sloughs and poorly defined drainageways. Individual areas are elongated and irregulax in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. Typically, the surface layer is ciark grayish brown fine sand about 4 inches thick. The subsurface layer is light brownish gray fine sand to a depth of about 12 inches. The subsoil is to a depth of about 55 inches; the upper part is brownish yellow and very pale brown fine sand, the middle part is grayish brown sandy clay loam, and the lower part is light brownish gray and dark grayish brown fine sandy loam. Limestone bedrock is at a depth of about 55 inches. In 95 percent of areas mapped as this soil, Pineda and similar soil make up 79 to 100 percent of the map unit. The characteristics of Holopaw and Riviera, limestone substratum soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Boca, Hallandale and Malabar soils on similar landscape positions. These soils make up about ! 1 pement or less of the unit. The permeability of this soil is slow. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of South Florida slash pine, wax myrtle, chalky bluestem, blue maidencane and gulf muhly~. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil-improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry season. Row crops should be rotated with cover crops. Seedbed preparations should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing' when the trees are younger. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. : 1611 This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluestem and bluejoint panicum. Management practices should include deferred grazing. This Pineda soil is in the slough range site. This soil has' severe limitations for most urban uses because of the high water table. To overcome'this limitation, building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of wetness and sandy textures. Problems associated with wetness can be corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable topsoil or by resurfacing the area. This Pineda soil is in capability subclass IIIw. 1611 (21) Boca Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Individual' areas are elongated and irregular in shape and range from 20 to 350 acres. The slope is 0 to 2 percent. Typically, the surface layer is very dark gray fine sand about 4 inches thick. The subsurface layer is fine sand to a depth of about 26 inches; the upper part is light gray and the lower part is brown. The subsoil is dark grayish brown fine sandy loam to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. In 95 percent of areas mapped as this soil, Boca and similar soils make up 79 to 93 percent of the map unit. The characteristics of Hallandale soils are similar. Soils of dissimilar characteristics included in this map unit are small areas of Pineda and Riviera, limestone substratum soils in slough landscape positions. These soils make up about 7 to 21 percent of the unit. The permeability of this soil is moderate. The available water capacity is very low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches of the surface of 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of South Florida slash pine, cabbage palm, sawpalmetto, wax myrtle, chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improvirig measures, the soil can be made suitable form many fruit and vegetable crops. A water control system is needed to remove excess water in wet season and provide water through subsurface irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately:suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided iiidiangrass, pineland threeawn and chalky bluestem. Management 1611 practices should include deferred grazing and brush control. This Boca soil is in the South Florida Flatwood range site. This soil has severe limitations for most urban uses because of wetness. If this soil is used as septic tank absorption fi&lds, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, many of these limitations can be overcome. This Boca soil is in capability subclass IIIw. .! EXHIBIT # 10 1611" TOPOGRAPIC SURVEY 7¥- EXH~IT # 11 1611 WATER MANAGEMENT PLANS Details Page 1 of 1 Fo.o .o.11 00197760004 II Owner Namell COLLIER CNTY Addressesll 3301 TAMIAMI TeL E Current Ownership Property Addressll NO SITE ADDRESS 1611 c~ll NAPLES II Statell FL zi,l[ 34.2. 3989 _1 I 30 48 26 Wl/2 OF NWII4 OF SEll4 Section Jl Township It Range 30 II 48 II 28 UseOode II86 II GOVER.MENT I1 Acres II Map No. II 20 II 3B30 2002 Final Tax Roll Values I Land Value II $ 900,000.00 I(+) Improved Value II $ 0.00 I (=) Market Value II $ 9oo,ooo.oo I(-) SOH Exempt Value II $ o.oo i (=) Assessed Value II I(') Homestead and other Exempt Value II $ 900,000.00 $ 900,000.00 I (=) Taxable Value II $ 0.00 SOH = "Save Our Homes" exempt value due to increases. cap on assessment II '~ Millage Area II47 II Strap.o. I 11482830 o25.ooo3mo I II ~ Millage II 53.5679 Latest Sales History IDate II Book-PageII I os~8999 II 2S~2-~630II I 09/1992 II m3-329 II I o9~ 19a~ II 84~o- 940II I o5x~986 II .95-2~65 II Amount $ 5,250,000.00 $ 1,556,600.00 $ 3,968,800.00 $ 165,000.00 The Information is Updated Weekly. http://www.collierappraiser, com/RecordDetail.asp?FoliolD=0000000197760004 4/8/2003 RESOLUTION NO. 03 - 1611 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A REGIONAL PARK, IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2. CONDITIONAL USES iN SECTION 2.6.9 ESSENTIAL SERVICES OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter I25, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHERE.A,S, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Regional Park as a Conditional Use of Section 2.6.9.2. in an A" Rural Agricultural Zone on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Stephen Sposato, AICP of Agnoli, Barber & Bmndage, Inc. representing the Collier County Board of County Commissioners with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Regional Park as a Conditional Use of Section 2.6.9.2. of the "A" Rural Agricultural Zoning District for a regional park in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 1611 Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Mmjorie M. Student Assistant County Attorney CU-2002-AR-3142FR/sp FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. 2. CU-2002-AR-3142 Section 2.6.9.2 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Co Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or Affect mitigated by. Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: EXHIBIT "A" 1611 DESCRIPTION OF LANDS SURVEYED ALL THAT PART OF SECTION 50, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 50, THENCE NORTH 02"00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION 50, A DISTANCE OF 2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 50; THENCE NORTH 02"06'15" WEST ALONG SAID WESTERLY LINE OF SAID SECTION 50, A DISTANCE OF 555. 72 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 50, SOUTH 89"57'54" EAST 529. 97 FEET; THENCE NORTH 02"06'08" WEST 166.86 FEET; THENCE SOUTH 89"57'54" EAST 529.98 FEET; THENCE SOUTH 02"06'05" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50; THENCE SOUTH 89"47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 50, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID SECTION 50; THENCE CONTINUE NORTH 89"57'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID' SECTION 50, A DISTANCE OF 715.95 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 95); THENCE SOUTH 00'02'50" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 457.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 11,621.16 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11"04'14." AN ARC DISTANCE OF 224-5.11 FEET TO A NON-TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 50; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 89'58'58" WEST ALONG SAID NON-TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 50, A DISTANCE OF 856.59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 50; THENCE CONTINUE NORTH 89"58'58" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 50, A DISTANCE OF 2645.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 212.77 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Exhibit "B" ~NTERSI'A'~'E 75 i~ NOIS~N~^~ O~SOdO~d ~×~ibit 1611 CU-2002-AR-3142 Conditions 1. Traffic signage and pavement markings as well as roadway design shall be implemented in accordance with Standards and Speed Zoning requisites adopted by the State in accordance with State Statute. 2. Speed limits on internal roads may be designated lower than the "design speed" of the roadway in order to promote pedestrian safety. 3. A South Florida Water Management District Environmental Resource or Surface Water Management Permit, as applicable, shall be obtained prior to the commencement of construction on the site. 4. This site is required to preserve a minimum of 46.58 acres of native vegetation. 5. The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C"). EXHIBIT "D" - -_ Each comm. Rec'd Copy MEMORANDUM AGENDA ITEM 8-D 1611 RECEIVED MAY 1 2 2003 ~ar~ of County Commissioners TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 28, 2003 PETITION: PUDZ-2003-AR-3569 NORTH NAPLES R&T PARK PUD OWNER/AGENT: Agent: Owner: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 North Naples Golf Range, Inc. 16979 Old US 41 Bonita Springs, FL 34110 REQUESTED ACTION: The petitioner wishes to amend the Gadaleta PUD to provide for a Research and Technology Park PUD as permitted by the Research and Technology Park Subdistrict of the Future Land Use Element of the Growth Management Plan. GEOGRAPHIC LOCATION: The property is located at the Collier-Lee County line west of Old US 41. ~e~site eoflsists of 19.3 acres. PURPOSE/DESCRIPTION OF PROJECT: } The petitioner proposes an amendment (by way of a PUD to PUD rezone) to the existing Gadaleta PUD. (The entire Gadaleta PUD is "struck-through", therefore the North Naples Research and Technology Park W W 1611 PUD is effectively a new PUD.) The current PUD permits residential land uses and a golf driving range. The property is currently being used as a golf driving range. The Research and Technology Park Subdistrict was adopted on May 14, 2002, a copy is attached. The subdistrict provides for targeted and non-targeted industries. The target industries are identified in the Future Land Use Element. Non-target industries include hotels and commercial (C-1 through C-3) uses that provide support services to the target industries. The subdistrict requires that research and technology parks adjacent to residential developments provide a workforce housing component. SURROUNDING LAND USE AND ZONING: Subject Parcel: The parcel is a 19.3-acre site developed as a golf driving range Surrounding: North: East: South: West: Spanish Wells residential and golf course development within the City of Bonita Springs Old US 41right-of-way, across which is developed property; zoned Industrial Plant nursery; zoned Agricultural Residential development; zoned PUD (Sterling Oaks PUD) GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been designated as a fast-track petition through the Economic Development Council. The petition was scheduled and the Staff Report was signed before the Growth Management Plan consistency review was completed for the latest submission. That review will be attached as an addendum. 1611 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey is not required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of this rezone on transportation, infrastructure, and the environment was reviewed by thc applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: Under the density rating system, the base density is 4 dwelling units per acre. The property is within the Traffic Congestion Area and so is eligible for an adjusted base density of 3 dwelling units per acre. The site can support up to twelve dwelling units [ff_ 2.7 acres of preserve area + 1.23 acres of FPL easement area = 3.93 acres x 3 dwelling units per acre] without density bonuses for work force (affordable) housing. With the density bonus for affordable housing, up to 43 dwelling units could be provided, and even more if more land area were devoted to workforee housing. The Research and Technology Subdistrict provides no minimum number ofworkforee housing units. However, it is staff's opinion that the intent of the subdistrict requires a development of this size to provide more workforce housing. North Naples Research and Technology Park is adjacent to two residential developments: Sterling Oaks to the west, and Spanish Wells to the north. Sterling Oaks is separated from developable parcels of the North Naples Research and Technology Park by a minimum of 300 feet of landscaping, berm, stormwater retention lake, and FPL easement. The portion of Spanish Wells adjacent to the North Naples Research and Technology Park is currently undeveloped. Therefore, it is staff's opinion that the proposed PUD is compatible with surrounding land uses. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on April 2, 2003 and recommended approval of the North Naples Research and Technology Park PUD. by a vote of 7 to 0, PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed North Naples Research and Technology Park PUD is compatible with surrounding land uses. The Growth Management Plan Consistency review is attached to this Staff Report. Contingent upon the Growth Management Plan Consistency review, Planning Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3569 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. 1611 PREPARED BY: ~isc~, AIC'~ PRINCIPAL PLANNER DATE REVIEWED BY: ~U~N"~~Y, AICP f CURRENT PLANNINO MANAGER PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: Petition PUDZ-2003-AR-3569 DAT~ ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN g/current/mischl/PUD/R&T/s~rt/PUDZ-2003 -AR-3569 4 1611 REZONE FINDINGS PETITION PUDZ-2003-AR-3569 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan, including the Research and Technology Park Subdistrict. e The existing land use pattern; Pro: The parcel is consistent with the Research and Technology Park Subdistrict for PUDs adjacent to residential developments.. Con: The current zoning allows residential uses and a golf driving range. Summary. Findings: The proposed land use is consistent with the Growth Management Plan and specifically with the Research and Technology Park Subdistrict. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed PUD is surrounded by industrial, agricultural, and residential uses. Con: Evaluation not applicable. Summary Findings: The proposed land use is consistent with the Growth Management Plan and specifically with the Research and Technology Park Subdistrict; and therefore, will not create an isolated district. e e Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. Con.' Evaluation not applicable. Summary Findim~s: The em'rent district boundaries are logically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The petitioner believes that changing market conditions require the proposed amendment. Con,.',,, Evaluation not applicable. Summary. Finding,s: Changing conditions (including the adoption of the Research and Technology Park Subdistrict) have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed amendment will be compatible with adjacent residential developments. The nearest developable parcel is over 300 feet from Sterling Oaks and adjacent to Sterling Oaks, a wall with landscaping will be required. Con: Evaluation not applicable. Summary, Findings: The proposed amendment will not adversely affect living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 2 1611 Pro: Analysis by the Transportation Services Division has determined that the proposed PUD excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. Con: Evaluation not applicable. Summary Findings: The proposed amendment will not excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. ge Whether the proposed change will create a drainage problem; Pro: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Con: Evaluation not applicable. Summar~ Findings: The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. e Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed land uses will be required to meet building setbacks and height restrictions. Con: Evaluation not applicable. Summary Findings: All projects in Collier' County are subject to the development standards of the zoning district in which it is located. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: This site will be buffered from adjacent residential uses. Con: Evaluation not applicable. 1611 Summary Findings: An appraisal of estimated future property values resulting from a rezone was not required to be submitted. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: If the proposed rezone is determined by the Board of County Commissioners to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary. Findings: The property today could be used to construct a residential community. However, thc developer wishes to implement the standards of the recently created Research and Technology Park Subdistrict. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. Con: Evaluation not applicable. 1611 Summary Findings: The Board of County Commissioners may make a finding that the proposed development complies with the Growth Management Plan, depending on compatibility. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summar3r Findings: There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary. Findings: While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: The rezoning of this property will eventually result in the creation of a research and technology park with workforce housing. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 1611 Prior to commencement of any development in the Subdistrict, a unified plan of development for the entire Subdistrict must be' approved by the Board of Collier County Commissioners. The type of landscape buffers within this Subdistrict shall be no less than that required in mixed use activity centers. (VI)12. Research and Technolo.qy Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light, Iow environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment where landscaped areas, outdoor spaces and intemal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. d. Non-target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices 23.2 (VI) = Plan Amendments CP-2001-4 & 5 adopted by Ordinance No. 2002-24 on May 14, 2002 1611 e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park -project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. g. Research and Technology Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking andaccess management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. I. Whenever workforce housing (affordable housing) is' provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. The maximum additional acreage eligible t° be utilized for a Research and Technology Park Subdistrict within the Urban-Mixed Use District is 1000 acres, exclusive of open space and conservation areas. 23.3 (VI) = Plan Amendment CP-2001-5 adopted by Ordinance No. 2002-24 on May 14, 2002 Details Page 1 of 1 Folio No. I100143480008 Current Ownership Property Addres$~ 16979 OLD 41 Owner Namei NORTH NAPLES GOLF RANGE INC TR Addresses~ ITF SJG LTA UIA 5-29-97 II 16979 OLD 41 N civil NA.LES II st, tell FL z~pll =4110- a418 Legall! 10 48 25 Nll2 OF Nll2 OF N112 ~ OF NEll4 LYING W OF TAMIAMI II TR & N 200FT OF Sll2 OF Nl/2 II OF Nll2 OF NEll4 LYING W OF Section 10 Sub No. "~ Use Code ~ Township [[ Range [I Acres II 48 II =s Ii 19.28 100 ff II 38 I[ IMPROVED COMMERCIAL Map No. 3A10 '''~] Millage Area143 010.0003A10 "~ Millage 3.2998 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value I (=) Taxable Value $1,298,700.00 $ 32,503.00 $1,331,203.00 $ 0.00 $1,331,203.00 $ o.oo $1,331,203.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book. Page Amount 06 11997 2319 - 335t $1,195,000.00 051 1981 920 - 1814 $160,000.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=O00000014 3480008 5/3/2003 Division of Corporations Page 1 of 2 1611" Florida Profit NORTH NAPLES GOLF RANGE, INC. PRINCIPAL ADDRESS 16979 OLD US 41 NAPLES FL 34110 MAILING ADDRESS 16979 OLD US 41 NAPLES FL 34110 Document Number FEI Number Date Filed P97000045971 650789408 05/22/1997 State Status Effective Date FL ACTIVE NONE Last Event REINSTATEMENT Event Date Filed 12/07/1998 Event Effective Date NONE Registered Agent Il Name&address~..,__~ Il 16979 OLD US 41 NAPLES FL 34110 Officer/Director Detail Name & Address H Title SHEW, WILLIAM R 9420 WARMINGTON ROAD SW PD MASSILLON OH 44646 JOHNSON, ALLEN W 4051 WHIPPLE AVENUE NW VD CANTON OH 44718 GOLDIE, JAMES M 16979 OLD US 41 STD NAPLES FL 34110 .../cordet.exe?al =DETFIL&n 1 =P97000045971 &n2=NAMFWD&n3=OOOO&n4=N&r 1 =&r2=&~5/3/2003 Division of Corporations Annual Reports Page 2 of 2 View Events No Name History Information Document Images Listed below are the images available for this filing. ~)9/10/2002 -- COR- ANN REP/UNIFORM BUS REP D5/01/2001 -- ANN REP/UNIFORM BUS REP ~)4/05/2000 - ANN REP/UNIFORM BUS REP ~)4/20/1999 - ANNUAL REPORT 12/07/1998 - REINSTATEMENT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT .../cordet.exe?a 1 =DETFIL&n 1 =P97000045971 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2=& 5/3/2003 ORDINANCE NO, 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 851 ON BY CHANGING THE ZONING CLASSIFICATION OF THE ITEREIN DESCRIBED REAL PROPERTY FROM THE "PUD" ZONING DISTRICT (GADALETA PUD) TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO BE KNOWN AS THE NORTH NAPLES RESEARCH AND TECHNOLOGY PARK PUD, LOCATED ON THE WEST SIDE OF OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS TO THE LEE/COLLIER COUNTY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.34- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP, of Hole Montes, Inc., representing North Naples Golf Range, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE 1T ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from the Gadaleta PUD Zoning District to North Naples Research and Technology Park PUD Zoning District in accordance with PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1611 ATTEST: BY: DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRIVIAN Approved as to Form and Legal Sufficiency Maoorie M. Student Assistant County Attorney PUDZ-2002 -A R-3569/FR/sp 16/1 THE NORTH NAPLES RESEACH AND TECHNOLOGY PARK A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HMPRO~CT2~2~I Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" C:~Documents and Settings~reischl_hLocal Settings\TempOrary Internet Files\OLK17D~PUD vets 5-3-03.doc SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII TABLE OF CONTENTS Page Statement of Compliance .............................................................. 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................... 6 Statement of Intent and Project Description .......................................... 7 General Development Regulations .................................................... 8 Preserve Area Requirements .......................................................... 17 Permitted Uses and Dimensional Standards for Research and Technology Park Uses Both Target And Non-Target Use Areas ...................................... 18 Development Commitments ........................................................... 23 Exhibit A - PUD Master Plan EXHIBITS 2 C:~Documents and Settings~xeischl_fkLocal Settings\Temporary Intemet Files\OLK17DLPUD vets 5-3-03.doc SECTION I 1611 STATEMENT OF COMPLIANCE The development of +19.3 acres of property in Section 10, Township 48 South, Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the North Naples Research and Technology Park PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The proposed Research and Technology Park will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The property is located in the Mixed Use District Urban Residential Subdistrict as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The Future Land Use Element ("FLUE") of the Collier County Growth Management Plan allows for the Research and Technology Park Subdistrict on sites greater than nineteen (19) acres in the Urban Mixed Use District which the subject property is located within. Therefore, because of the property size (19.3 acres) and its location it may be found consistent with these FLUE location requirements for the Research and Technology Park Subdistrict. The Research and Technology Park Subdistrict is also required according to the FLUE to be located on an arterial or collector road ways. Old US 41 which provides access to the subject property is classified as a collector road way according to the Transportation Element of the Collier County Growth Management Plan. Therefore, consistency can be established with this provision of the FLUE. o The Research and Technology Park Subdistrict also requires provision for work force housing up to a maximum of forty (40) percent of the park's acreage as the site abuts residential zoning to the west. The total number of work force housing units will not exceed twelve (12) dwelling units and shall be provided for on Target or Non-Target Use Areas "A" or "B" depicted on the PUD Master Plan. The actual number of dwelling units to be provided will be based on the underlying size of the gross leasable floor area of the first floor for either Target or Non-Target Use Areas "A" or"B". This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into either efficiencies, one (1) or two (2) bedroom units at the option of the developer. The provision of work force housing in accordance with this standard is consistent with the requirement to provide work force housing within the Research and Technology Park Subdistrict of the FLUE. The Research and Technology Park Subdistrict requires that density be consistent with the Density Rating System of the FLUE for workforce housing. The subject property is located in the Urban Mixed Use District and further located within the Traffic Congestion Boundary according to the FLUE. Therefore, a density of up to 3 dwelling units per acre is permitted without density bonuses for workforce housing. Based on the 3.96 acres of upland and wetland preserve area and FPL easement area located within the subject property a maximum of 12 dwelling units are permitted. Based on the formula provided in finding four above up 3 C:~J)ocuments and Setfings~reischl_fd_z)cal Settings\Temporary lnternet Files\OLKl 7DLPUD vets 5-3-03.doc t° 12 dwelling units can be f°und c°nsistent with the Density Rating System °f thlF~lE~ 1 ' The Research and Technology Park Subdistrict also requires that a minimum of sixty (60) percent of the park's area shall be devoted to Target Use Areas or 8.23 acres and a maximum of twenty (20) percent of the area shall be devoted to Non-Target Use Areas or 2.74 acres. Therefore, this FLUE requirement can be met to establish consistency with the Collier County Growth Management Plan because more than 8.23 acres of Target Use Areas are proposed and 2.54 acres of Non-Target Use Area is provided for on the PUD Master Plan. The FLUE notes that Target Industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD- ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development fa'm; educational, scientific and research organizations; production facilities and operations. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Target Use Areas listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, consistency can be established with this provision of the FLUE. o The FLUE notes that Non-Target Industry Uses may include hotels at a density consistent with the LDC, and these uses in the C-1 through C-3 Zoning Districts that provide support services to the Target Industries such as general office, banks, fitness centers, personal and professional services, computer related businesses and services, employee training, technical conferencing, day care center and restaurants, and corporate and government offices. The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the Non-Target Industries listed above including other uses contained in Section 2.2.20.4.8 of the LDC for research and technology parks. Therefore, the proposed uses for Non-Target Industries may be found consistent with the FLUE. The FLUE notes that building permits for Non-Target Industry Uses shall not be issued for more than 10,000 square feet of building area prior to the issuance of the first building permit for a Target Industry Use. This requirement is included in Section 6.5H of this PUD Ordinance. Therefore, consistency can be established with this provision of the FLUE. The subject property's location in relation to the existing or proposed community facilities and services supports the proposed development intensities as required in Objective 2 of the 10. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4 C:~Documents and Settings~'eischl_tSLocal Settings\Temporary Internet Files\OLK17D~PUD vets 5-3-03.doc 11. 1611 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 12. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. 13. The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the Collier County Growth Management Plan. 14. The project as planned may be found consistent with Objective 7 of the Transportation Element that requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourage safe and convenient on-site circulation. 15. All final development orders for this project are subject to the Collier County Concm'mncy Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the C:~Documents and Settings~eischl_f~l_z~cal Settings\Temporary Internet Files\OLK17E~PUD vets 5-3-03.doc 2.1 2.2 2.3 PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL PROPERTY OWNERSHIP North Naples Golf Range, Inc. are the owners of the subject property at the time of this application for rezoning. LEGAL DESCRIPTION The subject property being +19.3 acres is described as: The North ~h of the North ~A of the North ~A of the North East ~A of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South ~A of the North V2 of the North ~ of the North East ~A of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida GENERAL DESCRIPTION OF PROPERTY The project is comprised of el 9.3 acres, more or less, and is located on the west side of Old U.S. 41 just south of the Lee County line. The project permits a range of commercial and research/technology uses. Physical Description The subject property is currently being used for a golf course driving range at the time of application for this rezoning. The average elevation of the subject property is approximately twelve (12) feet above mean sea level. Most of the site is composed of xeric environs and soil types (substantially composed of various sandy soils). The entire site is located within Flood Zone X. The zoning classification prior to the date of approval of this PUD was a PUD that allowed for a golf course driving range, residential uses and limited commercial uses. 2.4 SHORT TITLE 2.5 This Ordinance shall be known and cited as the "North Naples Research and Technology Park Planned Unit Development Ordinance". STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 6 C:kDocuments and Settingskreischl_tSLocal Settings\Temporary Intemet Files\OLK17D~PUD vets 5-3-03.doc 3.1 3.2 3.3 SECTION HI STATEMENT OF INTENT AND PROJECT DESCRIPTION INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. PROJECT DESCRIPTION The project contains +19.3 acres and includes land area to provide for a mix of Targeted Use Areas - aviation/aerospace industry, health technology industry, information technology industry and other light, low environmental impact uses. Also permitted are Non-Target Use Areas that provide support services to the Target Use Areas such as general office, banks, restaurants, personnel and professional services. The Maximum amount of Non-Target Use Area permitted by the FLUE is 2.74 acres and 2.54 acres is provided for on the PUD Master Plan. The minimum acreage required to be devoted to Target Industries is 8.23 acres and the PUD Master Plan provides for acreage in excess of this amount. The North Naples Research and Technology Park PUD also provides for four (4) work force housing units to be located in a mixed use structure. Both upland and wetland preserve areas are provided for on the PUD Master Plan "Exhibit A" and comprise approximately 2.7 acres. Access will be provided from Old U.S. 41 from a sixty (60) foot right-of-way that serves the proposed North Naples Research and Technology Park PUD. LAND USE PLAN AND PROJECT PHASING The PUD Master Plan ("Exhibit A") provides for areas of light technology based uses Target Use Areas and Non-Target Use Areas to provide for commercial support services, right-of-ways, lakes, preservation areas and an FPL easement area. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately three (3) years from the time of issuance of the first building permit, or 2005. However, actual build-out will depend on market conditions. 7 C:~Documents and Settings~reischl_hLocal Settings\Temporary Internet Files\OLK 17D~PUD vets 5-3-03.doc 1611 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the North Naples Research and Technology Park Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: Regulations for development of the North Naples Research and Technology Park PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the North Naples Research and Technology Park PUD shall become part of the regulations that govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or 8 CADocuments and Settings~reischl_tkLocal Settings\Temporary Intemet Files\OLKl 7DkPUD vets 5-3-03.doc 1611 other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Horida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Ao Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Engineering Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. Co All other provisions of Section 3.5 of the LDC are applicable. 9 C:U)ocuments and Settings~reischl_t~.z)cal Settings\Temporary Iht.met Hles\OLK17D~PUD vers 5-3-03.doc 4.7 SUNSET AND MONITORING PROVISIONS The North Naples Research and Technology Park PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast corner of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres. 4.10 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.11 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.12 OPEN SPACES The Collier County Land Development requires that research and technology parks shall maintain open space at a minimum of thirty (30) percent of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the Site Development Plan and/or Subdivision Plat, whichever may be required. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 USE OF RIGHTS-OF-WAYS Utilization of lands within all project right-of-way or access easements for landscaping, decorative entrance ways, and signage purposes shall be allowed subject to review and administrative approval by the Collier County Planning Services Director, taking into 10 C:~Documents and Settings~creischl_fiLocal Settings\Temporary Internet Files;OLK 17DLPUD vet's 5-3-03.doc account engineering and safety considerations during the development review process prior to any installations. 4.15 ROAD WAYS Road ways within the North Naples Research and Technology Park PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or rejected by this PUD, or approved during final Subdivision Plat approval. The developer reserves the right to request substitutions to code design standards in accordance with Section 3.2.7.2 of the LDC. 4.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the North Naples Research and Technology Park PUD. General permitted uses are those uses which generally serve the Developer and residents of the North Naples Research and Technology Park PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes. e Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices subject to issuance of a temporary use permit. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. e Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). 4.17 SIGNAGE It is the intent of North Naples Research and Technology Park Design Standards to provide basic controls for signage size, style and color without conflicting with corporate identification and symbols required for successful advertisement. All monument and building faqade signs shall meet the following guidelines but shall be ultimately governed by Collier County signage requirements. 11 C:~Documents and Settings~creischi_fiLocal Settings\Temporary Intemet Files\OLK17D~:~UD vets 5-3-03.doe 1611 General: All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. The only signage permitted within preserve areas shall be directly related to the protection and educational component of the Preserve. Entrance Signs: One ground or wall-mounted entrance signs may be located at the entrance to the subdivision within the PUD. Such signs shall only contain the name or the subdivision or the insignia or motto of the development. The ground or wall signs shall not exceed a combined total of 64 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from the public right-of-way, and any perimeter property line shall be 15 feet. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. D. Wall Mounted Signs 1. Wall mounted signs shall be individual letter mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 12 C:~Documents and Settings~eischl_f~rmal Settings\Temporary Internet Files\OLK 17D~PUD vets 5-3-03.doc Wall signs sh~ll be placed within a 24 inch high hofizontal signage b~md around the building perimeter, Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. E. Colors Harmonious color schemes for signs are required but corporate identity variations may be permitted. Signs with multi-color letters are not permitted. 4.18 ARCHITECTURAL AND SITE DESIGN STANDARDS The North Naples Research and Technology Park Design Standards have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility and to assist architects in designing appropriate property improvements. These standards replace related poxfions of the Collier County Architectural Standards (LDC Division 2.8) as noted. All other portions of the Collier County LDC, Collier County Growth Management Plan and all other codes with jurisdiction shall remain in full force. The intent of this standard is to establish requirements that emphasize compatibility and community with a common architectural theme, landscaping and consistent common streetscape elements for the research/technology portions of the PUD. The Target or Non-Target Use Areas "A" and "B" located along Old U.S. 41 shall meet current LDC Division 2.8 Architectural and Site Design Standards. Each building shall be designed with an entry element at street side within the research/technology designated area (as indicated on the site plan) in order articulate building massing and visually reduce building heights along the street. A. Landscape and Streetscape Requirements Landscape buffers requirements shall be as indicated in the Land Development Code as determined by adjacent land uses except as noted within. Trees shall be planted along the street fight-of-way at 30 feet on center (uniformly spaced on each site) to provide a continuous tree line along the street. Variations up to ten (10) feet are permitted to accommodate entry drives and other similar improvements. Decorative street lights (20' tall) shall be installed at 100 feet on center (near the intersection of fight-of-way line and perpendicular property lines) to provide a uniform and continuous lighting pattern. A pedestrian walkway shall be provided from each building entry to the street sidewalk. B. Building Design Requirements 13 C:~Documents and Settings~reischl_fxLocal Settings\Temporary Internet Files\OLK17D~PUD vers 5-3-03.doc 1611 The following requirements replace LDC 2.8.3.5.2 - Building Orientation Standards, LDC 2.8.3.5.3 - Facade/Wail Height Transition, LDC 2.8.3.5.4- Facade Standard, LDC 2.8.3.5.5 - Massing Standards, LDC 2.8.3.5.6 - Project Standards, LDC 2.8.3.5.7 - Detail Features, LDC 2.8.3.5.8 - Additionai Facade Design Treatments for Multiple Use Buildings, LDC 2.8.3.5.10- Roof Treatments for buildings over 20,000 square feet. Refer to the equivaient requirements under Section 2.8.4 of the Land Development Code for buildings under 20,000 square feet that are aiso amended by these standards. Buildings shall be designed with their main entrance feature facing the street or on the front comer adjacent to side yard visitor parking in a manner that addresses the street and parking lot. All buildings will have a single story entry feature element adjacent to the street with a mass that steps down from the larger research / technology portion of the building with a minimum of eight fee (verticai dimension) roofline separation. The entry feature element shail span a minimum of 60% of the horizontal length of front facade and provide 3 feet minimum overhangs and/or recessed aicove for entry doors at the entry feature element. The front facade of the entry feature element shail be a minimum of 20 feet in front of the larger research/technology portion of the building. Sloped roofs are not permitted at the entry feature element except for mansard treatments so that the building mass step down is apparent. The entry feature facade (facing street) shail have door and window area not less than 30% of the front elevation of the element. Total facade area for this caiculation shail be the front element width times the floor to roof line height (not including parapet wail height). Group glazed doors and windows together to form horizontai glazing bands with horizontal dimensions at least twice the height of the window opening. Metal wall panels are acceptable for the building facades behind the entry feature element component if they are twenty-five (25) feet in height or less. Semi-conceaied fasteners are required. If metai wall panels are used on the entry feature element, they shall be smooth face architectural panels. Wall facades over twenty-five (25) in height shail not be metal wail panels but may be any other exterior wail materiai permitted by the Land Development Code. Wail facades over twenty-five (25) in height shail be delineated with control joints or scoring that does not exceed twelve (12) feet horizontally and twenty-four (24) feet vertically and emphasizes the horizontai plane. Horizontal banding with wail color variation in conjunction with control joint or scoring pattern is required. Architecturai treatment, articulation and materiai selections shall continue on ail facades of the building. All mechanicai roof top units and condensers if located on the roof shail be screened from view. 14 C:kDocuments and Settings~reischl_fkLocal Settings\Temporary lntemet Files\OLK17D~PUD vers 5-3-03.doc 4.19 o 16ll If any building is constructed on the northern property line west of the Upland Preserve Area and east of Lot//9 depicted on the PUD Master Plan and where the north elevation length exceeds the buildable distance permitted on the largest of these lots, the north elevation shall be required to meet the Massing Standards as indicated in LDC 2.8.3.5.5 (paragraphs 1 and 2) or LDC 2.8.4.4.5 (paragraphs 1 and 2) as determined by the building square footage. The intent of this requirement is to control north elevation massing in cases where more than one lot is utilized for the construction of an individual building. LANDSCAPING AND WALLS Ail landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and Section 4.18A of this PUD Ordinance. However, in addition, the following landscape requirements shall be met: 1. A five foot high berm constructed at a 3.1 slope will be provided to the west of the proposed water management area, with a Type "B" buffer incorporated onto the berm to provide for screening and buffering to the west. (See PUD Master Plan Exhibit "A" for detail.) 2. The Upland Preserve Area located along Old U.S. 41 shall be credited towards the requirement for a Type "D" buffer along U.S. 41, and no other landscaping shall be introduced into this area other than restored native vegetation. 3. Additional landscaping shall be required along the north property line between the Upland Preserve and the westerly portion of Tract g9. Such landscaping shall include a double row of trees and or palms to provide additional screening for residentially zoned lands located to the north. 4. A Type "B" buffer shall be provided between either Target or Non-Target Use Areas "A" or "B" and the adjoining lot to the west, when containing residential uses in a mixed use structure. 5. A masonry wall will be required along the north property line between the west side of the Upland Preserve Area located along the northern property line and the westerly boundary of Tract/t9. 6. Landscaping and wall treatments required by this Ordinance will be implemented at the time of SDP approval for each individual lot. 15 C:~Documents and Settings~-eischl_flLocal Settings\Temporary Internet Files\OLK17D~PUD vets 5-3-03.doc SECTION V PRESERVE AREA REQUIREMENTS 1611 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for 2.7 acres for upland and wetland preserve areas. Minor adjustments may be made to the boundaries of the wetland preserve area based on South Florida Water Management District permitting considerations along the western portion of the property, but not the Upland preserve area located on Old U.S. 41 and comprising 0.70 acres. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: Ao Permitted Principal Uses and Structures in accordance with the preservation standards of the LDC in Section 3.9.5: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Preserve Areas, subject to Site Improvement Plan approval. Any other use deemed comparable in nature by the Collier County Board of Zoning Appeals. DEVELOPMENT STARDARDS Ao Principal structures shall be required to be setback twenty-five (25) feet from Preserve Areas. Accessory structures shall be required to be setback ten (10) feet from preserve areas unless it can be demonstrated that it will not adversely impact the integrity of the preserve. 16 CADocuments and Settings~eischl_fiLocal Settings\Temporary Intemet Files\OLK17D~PUD vets 5-3-03.doc SECTION VI 1611 PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESEARCH AND TECHNOLOGY PARK USES BOTH TARGET AND NON-TARGET USE AREAS 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the North Naples Research and Technology Park PUD and depicted on the PUD Master Plan, Exhibit "A". 6.2 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA + ACRES + PERCENTAGE 1. Development tracts 12.43 64.4% 2. Preserve areas 2.70* 14.0% 3. Right-of-Way 1.29 6.5% 4. Lakes 0.90 4.7% 5. FPL Easement area 1.26 6.5% 6. Open Space 0.69 3.9% 19.3 100% The approximate acreage of development areas are depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided prior to the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Development areas are also designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in non-residential areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. No less than 8.23 acres will be developed with Target Industry Uses: One hundred (100) percent of the North Naples Research and Technology Park's development tracts are allowed to be developed with the following principal uses: 1. Aircraft & Parts Groups 3271-3728 Aviation/Aerospace Industries * Preserve areas comprise 15% of the site area less the FPL easement area. 17 C:~Documents and Settings~'eischl_f~Local Settings\Temporary Internet Files\OLK17D~°UD vets 5-3-03.doc 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Broadcast Studio, Commercial Radio and Television Cable and Other Pay Television Services Group 4841 Call Center and Customer Support Activities CD-ROM Development Communication Groups 48124841 Computer and Data Processing Services and Computer Related Services Data and Information Processing Development Testing and Related Manufacturing Drugs and Medicine Groups 2833-2836 Dwelling Units Education, Scientific and Research Organization Export based laboratory research or testing activities Information Technologies Laboratories Groups 5047, 5048, 5049, 8071, 8731, and 8734 Medical Laboratory Groups 8071, 8072, 8092, and 8093 Parks Photo Finishing Laboratory Printing and Publishing Group 2752 Production Facilities and Operations/Technology based Indoor Storage Only Research/Development Laboratories & Technology Park Groups 8071,8731, and 8734 (subject to CPA 2001-5 of the Growth management Plan) Telephone Communications Group 4813 Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. 1611 B. Non-Target Industry Uses: A maximum of 2.54 acres may be used for Non-Target Use Areas. These areas are labeled Target or Non-Target Use Areas "A" and "B" on the PUD Master Plan Exhibit "A": 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Accounting Groups 8721,7521,7231,7241 Automobile service station {}2.6.28 Banks and financial establishments Group I 6011 - 6062 Group 11 6081 - 6173 Barber Shops Group 7241 Beauty Shops Group 7231 Business Services Groups 7311-7352, 7359-7389 Car wash Clothing stores, general Cocktail lounges Group 5813 Convenience food and beverage store Day care center, adult & child services Drugstore, pharmacy 5912 Residences Engineering Groups 0781, 8711-8713, and 8748 Food and Beverage Service, Limited Food Stores Groups 5411-5499 18 C:~Documents and Settings~reischl_fiLocal Settings\Temporary Intemet Files\OLK17D~UD vers 5-3-03.doc 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 1611 Gasoline Dispensing System, Special General Merchandise Groups 5331-5399 General Contractors Groups 1521-1542 Gift and Souvenir Shop Hardware Store Group 5251 Health Care Facilities Groups 8011-8049, 8051-8099 Hobby, Toy and Game Shops Hotel/Motel Groups 7011, 7021, 7041 Insurance Companies Groups 6311-6399, 6411 Laundry or Dry Cleaning Legal Offices Group 8111 Management Groups 8741-8743, 8748 Membership Organization Groups 8611-8699 Motion Picture Production Studio Groups 7812-7819 Personal Services Groups 7211-7299 Photographic Studios Group 7221 Physical Fitness Group 7991 Professional Office Restaurant, Fast Food Restaurants Groups 5812-5813 Schools, Commercial Groups 8243-8299 Security & Commodity Brokers Groups 6211-6289 Travel Agency Group 4724 Any Other Use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals. Accessory Uses and Structures o Accessory uses and structures that are incidental to use permitted as of right in the PUD. For Target Use Areas, retail sales or display areas as accessory to the principal use shall not exceed an area greater than twenty (20) percent of the gross floor area of the permitted principal use and are subject to retail standards for parking and landscaping and shall be indicated on the Site Development Plan. Administrative Offices Parking garage 6.5 A. B. DEVELOPMENT STANDARDS FOR TARGET & NON-TARGET USE AREAS Minimum lot area - 20,000 square feet Minimum lot width- 100 feet; however, lots fronting on Old U.S. 41 shall have a minimum lot width of 250 feet of frontage on Old U.S. 41 and the northwestern most lot adjacent to the cul-de-sac shall have a minimum lot width of 42 feet on the street front and further depicted on the PUD Master Plan Exhibit "A". Minimum floor area of structures - 1000 square feet 19 CADocuments and Setlings~'eischl_fxLocal Settings\Temporary Internet Files\OLKl 7D~PUD vets 5-3-03.doc Do Eo Minimum yard requirements: 1. 2. 3. 4. 1611 Front yard: 25 feet Side yard: 15 feet Rear yard: 15 feet Minimum yard requirement adjacent to any residentially zoned or used property: 25 feet. 5. Separation between structures: 10 feet or one-half the building height, whichever is greater. Maximum height of structures: Three stories with a maximum of 35 feet. Non-Target Use Area "A" or "B" is limited to two (2) stories with a maximum of thirty-five (35) feet should work force housing be developed on those tracts. The maximum height of structures on Tract//9 is limited to a maximum height of twenty-five (25) feet. Outside storage and display - no outside storage and display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. Lighting - lighting shall be arranged in a manner that protects road ways and neighboring properties from direct glare or interference. Parking lot lighting on the most westerly tract shall be limited to a maximum of twelve (12) feet in height and shielding shall be provided so no direct lighting will be seen from nearby residential structures to the west. Building Permits - Prior to the issuance of the first building permit for a Target Use Area use, building permits for Non-Target Uses shall be limited to a maximum of 10,000 square feet. The landscape berm and buffer area located on the western portion of the property and depicted on Exhibit "A" the PUD Master Plan, shall be constructed prior to acceptance of infrastructure by Collier County Engineering Services. A fence or landscaping designed to deter pedestrians shall be provided along the western edge of the westerly most tract in the North Naples Research and Technology Park. Hotel/Motel - Hotel/motel units may be developed to a maximum floor area ratio of 0.60 and not to exceed 16 dwelling units per acre. Residential Standards -The development standards for Non-Target Use Area "A" or"13" for mixing residential and commercial uses are required as follows: 1. Residential dwelling units shall be located above principal uses; 2. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district; 3. Building height shall not exceed 35 feet; 4. Each residential dwelling unit shall contain the following minimum floor areas; efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- 20 C:kDocuments and Settings~eischl_f~Local Settings\Temporary Intemet Files\OLK 17D\PUD vet's 5-3-03.doc bedroom, 900 square feet. Residential units may be provided floor and may be mixed with office uses on the same floor o. s o or6J l The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. o The required work force housing units shall be provided when certificates of occupancy have been issued for no more than 70 percent of 12.43 developable acres. 21 C:~Documents and Setfings~reischl_fiLocal Settings\Temporary Internet Files\OLK17D'IPUD vets 5-3-03.doc SECTION VH 1611 DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the North Naples Research and Technology Park PUD. 7.2 PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations except where specifically noted. The PUD Master Plan ("Exhibit "A") is illustrative in nature. Tracts and boundaries shown on the Plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary or final subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continual operations and maintenance of all service utilities and all common areas of the project. 7.3 ENVIRONMENTAL An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to Collier County prior to final site plan/construction approval. A schedule for exotic vegetation removal shall be submitted with the above referenced plan. A minimum of fifteen (15) percent of the site (at least 2.7 acres) shall be provided in retained native vegetation or replanted in accordance with Section 3.9.5.5.4 of the LDC. Areas of retained native vegetation include the 1.5 acre wetlands preserve area located on the western portion of the site, the .7 acre xeric scrub preserve at the southeast comer of the site and at least .5 acres of native vegetation to be retained along the northern property line, for a total of 2.7 acres. Areas of retained vegetation include the wetland preserve area located on the western portion of the property's 1.51 acres, the xeric scrub upland area located along Old U.S. 41 comprising of .70 acres; and native vegetation to be retained along the north property line and comprising .49 acres for the total of 2.7 acres. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service ("USFWS") and Florida Fish and Wildlife Conservation 22 CADocuments and Settingskreischl_lXLocai Settings\Temporary Intemet Files\OLKl 7D~PUD vets 5-3-03.doc 1611 Commission ("~'~r-~CC") regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. Eo The petitioner shall be subject to all environmental section of the LDC and GMP at time of final development order approvals. Fo The scrub oak preserve area shall be restored in accordance with the approved "Unauthorized Vegetation Removal Remediation Plan & Exotic Vegetation Eradication & Maintenance Plan" designed by Southern Biomes, dated November 1, 2002. The mitigation plantings shall be completed, inspected and approved prior to preliminary acceptance of the subdivision or the first certificate of occupancy, whichever comes first. A Gopher tortoise (GT) relocation/management plan shall be submitted for review and approval at the time of the next development order submittal. 7.4 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Bo All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staffreserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). Do External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). no Road Impact Fees will be paid in accordance with Collier County Ordinance 2001- 13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. 23 C:~Doeuments and SettingsLreischl_fkLoeal Settings\Temporary Internet Files\OLK17D~PUD vets 5-3-03.doc Ho are conceptual in nature and subject to change as determined by Colli~ County Transportation staff. Collier County Transportation staff reserves the fight to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the fight to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems, etc. Nothing in any development order will vest the right of access over and above a fight in/right out condition. Neither will the existence or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and ail traffic signal(s), said traffic signai(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and ail other neighboring developer(s)/property owner(s), that directly benefit from said traffic signai(s), will be determined based upon percentage of usage/impact. The developer(s) shall provide any and ail site related transportation improvement(s) including, but not limited to, any and ail necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, fight-of-way and/or compensating fight-of-way (when applicable), shail be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. The subject development turn lane improvements shail be as follows: 24 CADocuments and Settings~reischl_ffi_.ocal Settings\Temporary Intemet Files\OLK17DLPUD vets 5-3-03.doc Po Qo 1611 On the north approach a separate n'ght turn lane for the southbound to westbound traffic movement shall be provided. On the south approach a separate left turn lane for the northbound to westbound traffic movement shall be provided. On the west approach a separate fight turn lane for the southbound traffic movement and dual purpose left turn/through lane for the northbound/eastbound traffic movement shall be provided. All turn lane design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Design Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64. Collier County TransPortation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. All intemal access(es), drive aisle(s), sidewalk(s), etc., not located within County fight-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in rifle, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained/received from Collier County Transportation staff. If a gate is proposed at any and/or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this the following shall be the minimum requirements provided relevant to saIne: The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate(s). 25 C'.\Doeuments and Settin~s~'eischl_fYLocal Settings\Temporary Intemet Files\OLK17D~PUD vets 5-3-03.doc 7.5 7.6 7.7 A turn around area of sufficient width and inside turning radi provided between the aforementioned key pad/phone box and the proposexl gate(s). Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. UTILITY REQUIREMENTS Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable county roles and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer services to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off- site sever facilities are available to serve the project. ENGINEERING REQUIREMENTS Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. Co Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. WATER MANAGEMENT REQUIREMENTS Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. 26 C:~Documents and Settings~reischl_fXLocal Settings\Temporary Internet Files\OLK17D~PUD vers 5-3-03.doc 7.8 1611 Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. Co The wet season water table elevation shall be established at the time of SFWMD permitting, which is required for the subject property. A drainage easement along the eastern most side of the FPL easement shall be dedicated to Collier County at the time of final subdivision plat approval pursuant to FPL approval and is depicted on the PUD Master Plan. The applicant shall coordinate this requirement with the Collier County Stormwater Management Section Staff. No certificate of occupancy shall be issued until this easement is properly recorded. At the time of construction plan review, adequate documentation justifying the proposed enclosure of the ditch on the west side of the FPL Easement shall be provided. Collier County Stormwater Management Section will review and approval the stormwater management system and the project must obtain a surface water management permit from the South Florida Water .Management District. The petitioner will work with Sterling Oaks to except their stormwater discharge pursuant to a modification of their plan and permit by Sterling Oaks should the need arise. WORK FORCE HOUSING The developer shall provide four (4) work force affordable housing units on Target or Non-Target Use Area "A" or "B" in a mixed-use structure depicted on the PUD Master Plan, Exhibit "A". Both one and two bedroom units are permitted. The work force affordable housing units shall be required to be rented or sold to households with incomes not to exceed sixty (60) percent of the median household income for Collier County. Rents charged for each unit may not exceed the HUD sixty (60) percent rent limit including utilities. The PUD Monitoring Report shall document that the incomes of the_occupants of each work force housing unit will be less than_the maximum household income of sixty (60) percent of the median household income for Collier County. De Work force housing units are required to be constructed when certificates of occupancy are issued for no more than 70 percent of the 12.45 developable acres. The total number of work force housing units will not exceed twelve (12) dwelling units and shall be provided for on Target or Non-Target Use Areas "A" or "B" depicted on the PUD Master Plan. 27 C:kDocuments and Settingskreischl_fll.x~al Settings\Temporary Internet Files\OLK17D~PUD vets 5-3-03.doc size of the gross leasable floor area of the first floor. This floor area shall constitute the amount of leasable residential area to be provided. The residential area may be developed into either efficiencies, one (1) or two (2) bedroom units. 28 C?~Documents and Settings'u'eischl_hLocal Settings\Temporary Intemet Files\OLK17D~UD vers 5-3-03.doc To: From: Date: Subject: Memorandum Fred Reischl, AICP, Principal Planner, Current Planning Section Jean Jourdan, Planner, Comprehensive Planning Section January 23, 2003 Future Land Use Element (FLUE) Consistency Review 1611 PETITION NUMBER: PUDZ-2003-AR-3569 PETITION NAME: The North Naples Research and Technology Park REQUEST: To Rezone the subject 19.3 acre site known as the Gadaleta PUD approved for a golf course driving range, residential uses and limited commercial uses to North Naples Research and Technology Park PUD to provide for light technology based use Target Use Areas and provide for commercial support services, right-of-ways, lakes, preservation areas and an FPL easement Non Target Use Areas and 4 workforce housing units to be located in a mixed use structure. LOCATION: Subject site is located on the west side of Old U.S. 41 immediately south of the Lee County line in S10, T48S, R25E. COMPREHENSIVE PLANNING COMMENTS: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed- use developments such as Planned Unit Developments. In addition, the Urban-Mixed Use District, Research and Technology Subdistrict contained in the Future Land Use Element provides for a mix of targeted industry uses - aviation/aerospace industry, health technology industry, information technology industry, and light Iow environmental impact manufacturing industry and non-industrial uses, designed in an attractive park-like environment. The petitioner asserts this rezone request is consistent with this Research and Technology Subdistrict. (The BP PUD District in the LDC implements this Subdistrict by providing specific uses, development standards, etc.) Criteria for this Subdistrict is listed below, followed by petitioner's comments: Research and Technology parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. (Based on 13.74 net useable avers a maximum of 2.75 acres is available for Non-Target Use Areas and 2.56 acres are proposed. Therefore, consistency can be established with this provision of the FLUE for both Non-Target and Target Use Area percentages.) 1611 b. Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. (Objective 7 requires that the County shall develop and adopt standards for safe and efficient ingress and egress to adjoining properties, as well as encourages safe and convenient on-site circulation. Policy 7. 1 of the Transportation Element notes that "on August 18, 1992, the County adopted an access resolution that ensures the protection of the arterial and collector system's capacity". Consistency can be established with these provisions of the FLUE.) c. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office use in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational scientific and research organizations; production facilities and operations.( The proposed uses in Section 6.4 of the PUD Ordinance for the North Naples Research and Technology Park provides for the target use areas listed above and are identical to those uses contained in the County's PUD Ordinance to implement the Research and Technology Subdistrict of the FLUE.) d. Non-target industries uses may include hotels at a density consistent with the Land Development Code, and those uses in the C-1 thru C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, medical, financial and convenience sales service, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices. (The proposed uses in Section 6.4 of the PUD Ordinance provides for Non-Target Use Areas listed above and are identical to those uses contained in the County's PUD Ordinance to implement the Research and Technology Subdistrict of the FLUE). e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage in not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance of a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. (The subject property is located in the Urban-Mixed Use District of the FLUE and permits research and technology parks.) f. Research and Technology Parks must be a minimum of 19 acres in size. (The subject property is 19.3 acres.) g. Research and Technology Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. (Not applicable.) h. Standards for Research and technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. (Vehicular interconnections are not contemplated to the developed/developing parcels which are not practical for interconnections at this location due to the nature of the uses. General development standards are provided for in the PUD document for pedestrian interconnections via sidewalks, buffering, landscaping, open spaces, signage and lighting). i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the a Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. (The proposed PUD has direct access to a collector road, Old US 41.) j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible.( The PUD will provide four (4) workforce affordable housing units in a mixed use structure on Target or Non-Targer Use Area "A" depicted on the PUD Master Plan. Due to the size of the subject property the subject property does not lend itself well to provide up to 40% of the park's acreage for affordable housing.) k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and/or through pedestrian and vehicular interconnections. (The workforce housing is proposed to be provided in a mixed use building. The proposed development standards contained in the Commercial Intermediate District C-3 are incorporated into the PUD as guidelines and will require integration of commercial uses with the proposed workforce housing.) I. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. (The subject property can support up to twelve (12) dwelling units with +_. 2. 7 acres of preserve area contained within the project and 1.23 acres of FPL easement area or 3.93 acres which are contained within the Traffic Congestion Boundary of the FLUE without density bonuses for work force housing. This land use designation has a base density of three (3) dwelling units per ace at this location without density bonuses.) m. Building permits for non-target industry uses identified in paragraph "d" above shall not be issued for more that 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. (Provisions have been incorporated into Section 6.5 I of the PUD to provide for this limitation.) n. Research and technology Parks must be compatible with surrounding land uses. (The proposed jPUD will be separated to the west from residential uses by the FPL easement area and wetland preserve buffering Sterling Oaks. Buffers and vegetation preserve areas will also enhance compatibility with residential uses to the north.) o. Research and Technology Parks must utilize PUD zoning. (The propose zoning is for PUD.) PUD Document: 1. Statement of Compliance, I St paragraph: Correct Township 46 South to Township 48 South. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Current Planning staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element upon the amendment of the language of the PUD document as noted above. (PROJECT ON PERCONTI SYSTEM) cc: Margaret Wuerstle, AICP, Planning Services Director Susan Murray, AICP, Current Planning Manager Start Litsinger, AICP, Comprehensive Planning Manager 4 ll:lll[i DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA May 7, 2003 3:30 p.m. 1611 I. Approval of Agenda- Minutes-April 2, 2003 Meeting March 29, 2003 Special Meeting - LDC II. Staff Announcements A. Transportation Division Update B. Public Utilities Division Update III. Old Business V. Subcommittee Reports A. Land Development Regulation (Justin Martin) B. Construction Code (Dino Longo) C. Utility Code (Tom Masters) D. Ad Hoc Committee on Fees VI. New Business A. ROW Permit Ordinance 93-64 revisions - Mitch Riley VII. Committee Member Comments 1611 MINUTES TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, April 2, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "E" in the Collier County Community Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter VanArsdale Charles Abbott Dalas Disney (Absent) Robert Duane Marco Espinar Blair Foley Brian Jones Robert Mulhere Thomas Masters Brian Milk Thomas Peek Herbert Savage Dino Longo Justin Martin Anthony Pires (Absent) ALSO PRESENT: Joe Schmitt, Dev. Services & Environmental Dept. Patrick White, Assistant County Attorney Marjorie Student, Assistant Country Attorney Ed Perico Stan Litsinger, Planning Services Chairman Peter VanArsdale called the meeting to order at 3:38 pm. I. Approval of Agenda - Minutes March 5, 2003 meeting: Mr. Peek moved to approve the Agenda and Minutes of March 5, 2003. Seconded Mr. Mulhere. Carried Unanimously 10-0. Chairman VanArsdale noted under their Sub Committees they have eliminated "Construction Code Committee". Operations & Budget will be chaired by Dino Logo. Committee members were all in agreement. II. Staff Announcements: Later in meeting. III. Old Business: A. Rural Lands Stewardship Area - Susan Murray (LDC) Mr. Bob Mulhere reported he is working for Nancy Lanann, outside Council for the County in preparing the Amendments to implement the Rural Fringe and Eastern Lands. He covered: - Comprehensive Plans- Rural Stewardship Overlay - Amendments reiterate verbatim the language from the policy from the objectives. - Creates list for sending area and receiving area and how process will take. - Sending Areas do not go to the Planning Commission or Board of County Commissioners Receding area designations Master Plan/Documents EAC heard that day Still working on issues - procedural Planning Commission will hear on April 9th & 30th. Can make additional comments Making changes at staff level Robert Duane moved to approve the Amendments. Seconded Brian Milk. It was noted the interpretation of the Land Development Codes aren't documented and cross referenced very well to the particular Code they are dealing with. Mr. VanArsdale felt this should be addressed. It was discussed it is an administrative responsibility. More definitions are going to be added. Carried with 1 abstention. (Mr. Mulhere) IV. Subcommittee Reports: A. Land Development Regulation (Bob Duane) Report handed out. Staff will get back on changes for possible flexibility 2 April2,2003 Ross Gochenaur still trying to address language for Section 2.6.4.1 Diane Flagg/ATM is trying to address language for other motor vehicles. If any comments E-mail Mr. Duane Will E-mail to Planning Commission & Patrick White/Assistant County Attorney Discussion followed on the Vegetation, Preservation & Buffers. These were addressed and will be suggested they be applied to New Development. Mr. Duane mentioned the committee met on several occasions and most amendments were accepted and offered comments. Mr. Mulhere moved Mr. Duane make final revisions, clean it up and forward it to the Planning Commission and Board of County Commissioners for their consideration. Seconded Mr. Peek. Carried Unanimously 11-0. 1611 II. Staff Announcements: A. Development Services: Joe Schmitt - E-mail will be distributed for meeting at Tiburon on April 23rd. - There is an Ordinance 1.6 that deals with the lack of clarity concerning the Land Development Codes and also is required to be published in local newspaper. - Need to work on E-mail correspondence. - Patrick White mentioned the purpose of an interpretation is to answer a very fact specific question about the Code. Not intended to be an answer to hypothetical question or a broad question. Need specific facts and specific set of one or more provisions in the LDC, then there's a need for an interpretation because of the peculiarity of the facts or ambiguity in the code. Cross referencing is a great idea, but he did not want to give people the impression that is the answer to all the concerns about the regulations. The role of interpretation is solely limited to the Planning Services Director or the County Attorneys office. - Desk drawer policies were discussed. Any need for interpretation or expressions should be put into format for a staff clarification. Will then be reviewed and see if there is a need to change the LDC, and it should be in writing. - Mr. Mulhere stated there should be a citing attached. Concurrent Review of SDP's and Building Permits were discussed. Mr. Schmitt stated the decision was made previous to his time and made because the applicant would submit a building plan; the SDP wasn't approved, and then caused a re-review of the plan. To conclude the double review process they have the SDP approved first before a building permit is issued. It was a matter of servicing products twice. Get the SDP, and then get the design for the building review. It was noted it takes 6-8 weeks for the approval time for a project. Anything they can do to shorten it would be a service enhancement. The subject was tabled until the next meeting. Continued with Subcommittee Codes B. Construction Code - Dino Longo Sub Committee did not meet. Utility Code (Justin Martin) Met on March 18 & minutes were distributed. Did final revisions, will have some additions and be reviewed on April 18th. The changes will be forwarded to DSAC. The Sub-Committee meets on the 3rd Tuesdays of the month. Sub-Committee sheets were handed out. C. Operations and Budget (Dino Longo) Need members for Committee. New Business: Mr. VanArsdale mentioned they have to prepare an Annual Report for the Board of County Commissioners every year. He had drafted a report and handed it out to the members. This applies to a set of Code provisions that apply only to the DSAC. Discussion followed on the scope of the Committee. The report should be made to advise the Board of County Commissioners of the accomplishments and progress made. Patrick White read from the Code that deals with the report as follows: "Submit an Annual Report to the County Administrators/Board of County Commissioners which shall summarize findings and issues during the report year and the status of the resolution." Should be based upon when the last report was issued. Dino also read the "powers and duties" which can be consolidated into the Annual Report. "To provide input to staff requiring the roles, process and procedures associated with the Development Industry - Par. 6 - to compare and recommend to the Board of County Commissioners technical and administrative programs designed to enhance efficiency and customer services of the Community Development Environmental Services." Mr. Foley left at 4:37 PM. Justin Martin moved to report a summary of findings of the DSAC committee effective from the last annual report summarizing for one year including the sub-committee findings and any additions nor deletions be submitted by DSAC committee members at the next DSAC meeting. Seconded Mr. Peek. A lengthy discussion followed on the procedure and the previous Chairman making out the Annual Report for the last calendar years activities. The report should not be on personal opinions but actions the committee has taken Dino stated he would report on actions of the motions made at the meetings. Mr. VanArsdale feels the problems they encounter with rates etc. need to be brought to the attention of the County Commissioners. More discussion followed on a Bill proposed, fees, audit by Mr. Brock of Fund #113, fees paying for General Fund and Community Development Services. Patrick White stated somewhere along the line the taxpayers of the County will be required or requested to write a check to reimburse Fund #113. He felt the Committee should be focusing on the issues they are concerned about. Mr. Mulhere would like to suggest putting in the report "Committee Summary Work" - what the Sub-Committees did and all the time spent on 2-3 LDC Cycles. The amount of hours was tremendous and also the issues the Committee has dealt with during the year and matters they will be dealing with in the coming year. Justin modified the motion to read "the report should be for the last year (Calendar year) through December 2002, submit it now, summarize the findings of the committee during that period of time and dated back from the last Annual Report which will include the Sub-Committee findings. Mr. Peek agreed with seconding the modified motion. Dino Longo will make out the report with the help of Patrick White. The Sub-Committee Chairmen are to E-Mail Mr. Longo their accomplishments. Motion carried unanimously 10-0. VI. April 2, 2003 Committee Member Reports: 1611 Question of Patrick White was asked concerning the FEMA situation. He responded by saying they are looking for their feedback for the methodology on the re-study and final determination from them for the on-going study. They are close to getting their written comments in response to the Counties comments on the appeal. Nothing is official yet on the maps. Mr. Masters left at 4:50 PM. Mr. Peek left at 5:00 PM. Mr. Savage talked about impact fees on the sale of homes and feels they should be looking into the situation. He stated Livingston Road is a great project. There being no further business for the good of the County, the meeting adjourned by the order of the Chair at 5:03 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter VanArsdale 1611 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, March 19, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in REGULAR SESSION in Conference Room "E" in the Collier County Community Development Services Center, with the following members present: CHAIRMAN: Peter Van Arsdale Herb Savage Robert Mulhere Thomas Peek Thomas Masters Robert Duane Justin Martin Dalas Disney Charles Abbott ALSO PRESENT: Susan Murray - Planning Services Stan Litsinger - Planning Services II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. 1611 Chairman Peter VanArsdale called the meeting to order at 2:00 PM. It was suggested that "No comment" be changed to "Approved without comment". It was also suggested that notes be taken on the items with which the Committee does not agree so that the rationale for their disagreement can be fully understood. Susan outlined the procedure for the Agenda. Nonconforming lots of record - page 1 - Approved without comment Zoning Districts - page 2 - Approved without comment Rural Lands Stewardship Area Overlay - page 4 Subcommittee did not see because it was not available. It is the first of three chapters in the Eastern Lands portion and procedural guidelines for establishing SSA's, SRA's along with the Stewardship Credit Program and Trust Application Standards. - Second phase is the Adoption of environmental regulations for the Eastern Rural Lands. - There was much discussion - general consensus is they have not had the document long enough to make a comment or a recommendation. Motion was made ad seconded to send to subcommittee for review. Carried Unanimously. Sidewalks Susan introduced Pat Spenser and Rich House with the Pathway Advisory Committee. They report to the Metropolitan Planning Organization. - Committee recommended removing the word "internal". Bayshore Mixed Overlay District Module Units - redevelopment area - if reduced should be same for both products. Approved Off street parking and loading Approved without comment Off Street Parking - Approved without comment Landscaping and Buffering - Approved without comment Signs - Ban on neon lifted otherwise no changes. Exceptions to required yards - Concern about maintaining minimum fire code separation. - Minimum separation between structures needs to be maintained. - Recommend staff establish a minimum dimensional separation. 2 XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. 1611 - Sub-Committee recommended denial Minor after the fact yard encroachment - Approved without comment Solid waste collection and disposal - Approved without comment Supplemental District - Manatee - Endorsed the recommendation Supplemental District Regulations - Temporary use permits - Approved without comment Applicability provision - rezone It was moved to accept the provision that any existing, inactive petition would have six months from the date of this adoption after which it would become null and void. Seconded and carried unanimously. Sunset provision - PUD - Approved without comment Applicability provision - rezone - No comment Conditional use application processing time - Subcommittee's recommendation should stand. Variance Application processing time - Approved without comment Building permit and CO compliance - - It was suggested "all permits and certificates issued by the planning service director may be revoked, suspended or canceled with "cause" - is unclear and should read "all permits and certificates issued in "error" by planning service director may be revoked, suspended or canceled with sufficient written notice - Susan said she would think about it and make notes Sidewalks - Discussion followed on concerns about what is truly meant by "both sides of all travel ways" with bicycles and the cost efficiency. - It needs to be defined in a narrower manner. - Intent was not to include driveways, parking lots, and alley ways Motion made to support subcommittee's recommendation - Seconded - Carried - 7 for, 4 against Sub-division improvement plans - Concern about the thickness of the sidewalks - Maintain them at 4" Eliminate 6" because it is a waste of resources Sub-division improvement plans - Withdrawn Site Development Plans - Approved previously without comment 1611 XXVII. Site Development - Approved previously without comment XXVIII. Site Development Plan - CD-ROM depicting the site plans - Concerns rose about copyright protection XXIX. Site Development Plans - Excluding letter of modification - No South FL water management needed - Change work "impact" to "revision" - Suggested motion: Support it with the provision of allowance of minor building additions and relocations being addressed. - Bring back to next meeting. XXX. Excavation - Approved without comment XXXI. Native Vegetation Preservation - Discussion followed with concern regarding the minimum width and was answered. The different acreages were discussed. The language changes reflected clarification. Adopt as written XXXII. Vegetation Removal, Protection and Preservation - Withdrawn XXXIII. Vehicle Registration on the Beach - Approved without comment XXXIV. Definitions - Auto Serve Stations - Approved without comment XXXV. Definitions - Density Clarifies the intent of the method to calculate residential density. Change excludes title water bodies and marine wetlands XXXVI. Definitions - Loading space - Approved without comment XXXVII. Definitions - Neighborhood Park - Approved without comment XXXVIII. Definitions - Pathways ! Bike Lane - Approved without comment It was moved to forward the Amendments and DSAC's comments to the Planning Commission and Board of County Commissioners, excluding those that need to come back. Seconded. Carried Unanimously. Being no further business to come before the Committee the meeting was adjourned at 4:45 PM. 4 1611 NEW BUSINESS 1611 Proposed changes to Ordinance 93-64 (Work in the Right-of-Way) A) Revisions to Ordinance 93-64 The responsibility of ROW permit issuance and inspection (work in the ROW) has been transferred from Community Development Services to Transportation Operations The responsibility of making any deviations to any rule has been changed from the County Engineer to the Transportation Operations Department Director Section TWO; the removal of offending material has been changed from "offending material without Permit" to "offending material with or without permit" Section FOUR; item D has been added which requires the Utility Companies to inform the residents in the vicinity of upcoming activities prior to obtaining their permits · Section NINE; penalty for violating this ordinance has been increased from $500 to $1000 B) Revisions to the Handbook Addition of Directional Bore as a method of underground installation · Upgrading the dates of all the guidelines and references to the latest edition · Removal of Drainage chapter from Section IV (Landscape) and its incorporation into Section "111" Design requirements for consistency · Section II, B.2. minimum depth of jack & bore has been increased from 24" to 36" Section II, B.5. all open cuts on major collectors and arterials will be restored by means of flowable fill application as per detail provided in the Handbook · Section II, G. Inclusion of restricted lane closure hours to promote better traffic flow in rush hours 1611 Section III, C. all type II asphalts have been replaced with type S asphalt. No design less than 1 1/2" of asphalt is acceptable for any type of construction. Commercial drives shall have a minimum of 2" of type S asphalt. Minimum thickness for concrete drives shall be 6" · Section III, D. minimum throat length remains 50' except in alleys where 30' throat length will be considered · Section III, F. minimum acceptable culvert size is increased from 12" in diameter to 15" in diameter BUILDING S TA TIS TICS 16/1 0 0 0 0 0 0 0 0 0 0 0 0 0 I~ 0 W 0 I~ 1611 1611 1611 611 1611 C) 1611 0 'r- .~_ .___ t'- t- t- a., a. .-a 1611 MEMORANDUM Fiala Halas Henning Coyle ~oletta TO: FROM: bATE: Kathleen Martinson, Administrative Aide to BCC 5am Tucker, Executive Aide to BCC~ April 21, 2003 RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes Z am submitting the following Agenda and Minutes of the Community Character/Smart Growth Advisory Committee to be filed by your office. 1. March 21, 2003 Agenda and Minutes. Thank You, Sam Tucker Executive Aide to BCC COMMUNITY CHARACTER/SMART GROWTH 16/1 ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: March 21, 2003 3:00 p.m. Collier County Government Complex County Managers Front Conference Room 3301 E. Tamiami Trail Naples, FL 34112 II. III. IV. IV. VI. Roll Call Approval of Minutes a. Meeting of February 26, 2003. Discussion of extension of member terms: a. Resolution b. Length Draft for Discussion Next Meeting Old Business/New Business Adjournment Community Character/Smart Growth Advisory Committee Minutes of March 21, 2003 II. III. IV. V. VI. Meeting began approximately 3:22 p.m. - a quorum was NOT present. Members present: Jim Lucas, Dwight Richardson, Susan McCampbell, Gary Davis, Pat Pochopin. Members Absent: Mark Morton, Bruce Anderson, Gordon Watson, Bill West, Ellin Goetz, Bob Murray, Mike Bauer. Staff: Sam Tucker, John-David Moss, Barb Cacchione. No minutes were approved due to lack of quorum present. Barb Cacchione handed out an updated "Draft" with attached "Future Land Use Designation Description Section ". There was an informal discussion. Next meeting dates will be April 9th and April 23rd. Dover Kohl will present their community plan to the residents of Naples Park on April 29th at 6:00 pm. The presentation will be at St. John Evangelical Church on 111th Street North. Pursuant to Ordinance 2001-41 creating the Community Character/Smart Growth Advisory Committee, the committee term is ending in June 2003. The members will vote now to either extend their membership or terminate their membership. A resolution by the County Attorney's office will extend the original ordinance for a term not less than one year and not more than three years. Any vacancies left open by members not wanting to extend their term will be publicly advertised and applications will be taken. VII. Meeting adjourned at 4:45 p.m. / r .... Fiala --" ./~"- Halas ~ - Henning..____~v/// -- Coyle ~ - RECEIVED Coletta [,~,~,,~ HAY 0 I 2003 Collier Coun Government ~~~ ~ommunication and Customer Relations Contact: Lavah Hetzel 3301 East Tamiami Trail Communication and Relations Naples, FL 341'12 774-8373 (941) 774-8999 April 30, 2003 BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD REGULAR MEETING Wednesday, May 7, 6 p.m. Community Development & Environmental Services 2800 North Horseshoe Dr. Conference Room E Aqenda. 1. Roll Call 2. Adoption of Agenda 3, Minutes 4. Announcements 5. Old Business a. Update on Phase II of eayshore Ddve Mixed Use Zoning Oveday b. Comprehensive Zoning Overlay Plan Update o. Site Improvement Grant Applications d. Expansion of CRA Boundary - What does it take? e. Executive Director Sub-Committee Update f. Open Forum: Development Activity within the CRA Distriot 6. New Business a. Fast Track Development Review b. Urban Design Planner Work Allocation Review c. Advisory Board Member Reappointment - Davis Boulevard Vacancy 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the W, Harmon Turner Building (Administration Building) and on the CRA website. Please call Aaron Blair, Urban Design Planner, at (239) 403-2321 if you have any questions about the meeting. !n_a_ccordance .w.i~b the Americans_v~th_DIsebditfes Act~persons ne~dh~ ~s~nce to pa~ticipaf:e io_a, nv of these p. co._c_eedinClS should.c_o.o_tact Aaron Blair a,t Jeast 48 hout~,p,l~ipr ~o the rneetinq. P~CEIVED Radio Road Beautification M.$.T.U. Advisory Committee ~ ~f County Commissioners 2685 $. Horseshoe Drive Naples FL 34104 April 15, 2003 Minutes of April 15~ 200.3 SUMMARY OF RECOMMENDATIONS & MOTIONS IlL IV. Approval of Minutes: March 18, 2003 Helen Carella moved to approve the minutes of March 28, 2003. Seconded by Dale Lewis. Carried unanimously 5-0. Transportation Services Report: B. Millage Rate Review - Mike Smykowski covered the Budget and millage rate with the Committee. After much discussion Dale Lewis moved to leave the Mil rate at .5 for the next fiscal year 2003/04. Seconded by Bill Jaeger. Carried unanimously 5-0. Fiala Halas Henning Coyle Coletta Radio Road Beautification M.S.T.U. Advisory Committee 2685 S. Horseshoe Drive, Suite 212 Naples FL 34104 May4, 2003 AGENDA CALL MEETING TO ORDER: ATTENDANCE: III. OLD BUSINESS: A. Plantings for 2003 IV. NEW BUSINESS: PUBLIC COMMENTS: The next meeting will be held at 4:30 pm, May 20, 2002 Collier Coumy Dept. of Transportation Road Maintenance office 2685 South Horseshoe, Suite 212, Naples, FL 34104 Radio Road Beautification M.S.T.U. Advisory Committee 2685 S. Horseshoe Drive, Suite 212 Naples FL 34104 16ll April 15, 2003 L Il. Crystal Kinzei called the meeting to order at 4:33 PM. ATTENDANCE: Members: Crystal Kinzel, Dale Lewis, Susan Saum, Helen Carella, Bill Jaeger. County: Bob Peters,n, Val Prince, Mike Smykowski-Budget Office Others: Robert Kind,lan-Commercial Land Maintenance, Sue Chapin- Manpower Services APPROVAL OF MINUTES: March 18, 2003 Helen Carella moved to approve the minutes of March 18, 2003. Seconded by Dale Lewis. Carried unanimously 5-0. Bob Petersen added "Bus Shelters" under New Business. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the Budget. (attached) The BCC ap.~roved to transfer the $45,000 for "Contractual Services" on March B. Millage Rate Review - Mike Smykowski told the committee they need to take a look at their long range plans. He covered the different categories on the Budget. He made an assumption of 5% increase of the taxable value. Their mil rate is .5 this fiscal year and recommends they maintain the same rate for the 2003-04 fiscal year. That would cover their fixed expenses. They need to levy enough millage to cover the ongoing costs which the .5 will do. After much discussion Dale Lewis moved to leave the Mil rate at .5 for the next fiscal year 2003/04. Seconded by Bill Jaeger. Carried unanimously 5-0. Discussion followed on the Livingston North/South Corridor Workshop in which it was the consensus of the BCC to do a "no build" for an extension south. Bob mentioned the $25,000 in the MSTU Expenses for stafftime has been reduced to $21,200 VIII 1611 LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Robert gave his report: Normal maintenance Minor irrigation problems/no major breaks Oak Trees were staked Minor Accidents Few fires Crystal mentioned the Junipers are looking dry and brown and need attention. Different plants and trees were discussed. COMMITTEE MEMBERS REPORT: Crystal reported they met with Berkshire Homeowners and they agreed the maintenance of the irrigation for the entry sign, existing lighting in the medians and flag pole is their responsibility. OLD BUSINESS: A. Code Enforcement Update - Bob reported Susan Mason is on vacation & was unable to attend the meeting. He will ask her to attend the May meeting. Crystal commented there should be some provision of replacing vegetation so it wouldn't be such a drastic change aider removing the exotics. Discussion followed on the removal of exotics. B. New Plantings - at the next meeting on May 4~h the Committee asked for sample pictures and/or actual plants. Thy will meet at the comer of Donna & Burton Road. NEW BUSINESS: A. Bus Shelter - Alternative Transportation Modes has a $40,000 Grant and Bob reported there will be a bus shelter by Beef O'Bradys. It will have a bike rack and trash can. Estimated cost is $9,500 per shelter. It will be maintained by the County with Commercial Land Maintenance and hopefully installed in the next 60 days. If the Committee sees a need in another area to let Bob know. PUBLIC COMMENTS: None Being no further business to come before the meeting it was adjourned at 5:35 PM. The next meeting will be held at 3:00 PM, Sunday, May 4, 2003 Corner of Donna & Burton Road Naples, FL 34104 2 [m°~ 888 888 m m 0 m mz 03.-I §§o§§§8oo8~.~o8 000000000000000 888 ~o8~ooooooo~oo ..... ~' ' ~ ' ' 0~ 161i rn m Z ..,ri m ZO ~-.I m z ~m rn m Z~ m 1611 zo mo m ~<m $ ~ X m m c m 0000000 0000000 ,-., ~0 CO too o -,I ol --~ O0 000 O1 --~ O0 --~ 00 --~ O1 --~ CO -~J rn rn z c~ m 888 888 16[1 ~' rn x ffi m 1~18o§§o§o§§{~oo~oo-~o~ 1818888888888888888888 o ~ (DO' 7~.~- t"-~ c"~ 77 --I..q O0 mm C m -q g' ~'oo ~_m~ ~' zz --mm --~(~ ~ ~mm · ~ -n~ ~ $ ~ < e~O~~$~ ~ ~ ~ ~ ~> mm ~ ~m ~m~<~a~m ~ ~ zz : 0 O0 5' ~ ~:m ~ 0~, ~ ~m 'R~ ~o ~o: ~ ~> zo~,~ ] E ' ' ~ ~ > :zz: a c~ ~ ~ ~ ~ ~ zomZ ~,~m ~ m ~ m ~ 0 m m m ~o Z ~<~m o °o 0,00 ooo 00000 00000 0 0 w o b ooo° Oo==OoOo oO-Oo~O°~ O0 00000000000000 000000000000000 ~ 0 O~ ~ ~ ~ 0 O0 0 O0 0 O0 0000 O0 O0 0 000 O~ ~ ~ ~ 00~00 O0 ~-'b ~ ' o~go ~ooo g g~ o~ooo~ooooooooo8¢ Fiala _ '~ -,/ - Hales - . ~-//"'"" - 1611 Hen~ng_ Y., - Coyle _ . ;/,~,,/ RECEIVED Advisory Committee MAY 0 2 20§3 2705 Horseshoe Drive South Naples FL 34104 Board of Count), Commissioners APRIL 9, 2003 Chairman Bill Neal called the meeting to order at 4:00 PM. I1. ATTENDANCE A. Members: Bill Neal, Maudce Gutierrez, Tom Finn, Ed McCarthy (Excused), Tom Welstead (Excused) B. Collier County: Bob Paterson-Project Manager ATM, Vel Prince -Project Manager-ATM, Tessie Sillery, Sheri Mausen-Sheriffs Dept., Tine Osceola- Sheriffs Dept. C. Others: Clyde O'Shadley-resident, Robert Kindelan-Commercial Lane Maintenance, Sue Chapin-Manpower Services Tessie Sillery - handed out the list of names that did not receive replies for the Bayshore Name change. (Attached) The list was gone over by the Committee. 70 plus 1 is needed for a positive outcome. III. APPROVAL OF MINUTES: March 6, 2003 Maurice Gutierrez moved to approve the minutes of March 6, 2003. Seconded by Tom Finn. Carried Unanimously 3-0. Bill Neal introduced Sheri Mausen and Tine Osceola fram the Sheriffs Dept. He explained there had been some bad publicity in the Naples Daily News with misinformation about drugs, crime and prostitution in the Bayshore area. He wanted the Committee to know the background of the article. Tina Osceola explained they received a call from Ms. Mireidy Hemandez back in January. They have had experience with her in the past with her finding persons with negative comments and remarks for her stories. She does not focus on positive events. The Sheriff has gone on record stating she is inaccurate and biased in her reporting. Her initial request was to find information on Dells 24 hour store in Bayshore. Tine stated Ms. Hemandez had a source that was tired of the drugs and underage ddnking at Dells. Tine pulled statistics and information for Ms. Hemandez. She told her about the people working with the community in cleaning up the area, working with law enforcement and having a positive outlook in the community. She told Ms. Hemandez that should be her story. She told her how beautiful the area is now compared to a few years ago. They do net. consider that a problem area any longer and still have their share of incidences a§' any neighborhood does. Tine stated Ms. Hemandez did an unfair and biased article 3[~e13tl~lt~l£. It was not researched and was inaccurate with her only interviewing a 'few" people. Tine gave statistics to the Committee for incidents for tne"~'~ ;'~.;--';~-_~ number of incidents has gone down considerably. ll., Copies To: 1611'" Mr. Neal wanted to know what they can do in regards to the article. Tina responded they need to write letters or e-mails and ask questions of the reporter. Ask for notes on the story and statistics. Talk with Mr. Phil Lewis, managing editor, and continue to speak with him. A newspaper is obligated to report accuracy. Tina will summarize the statistics for Mr. Neal to e-mail Mr. Lewis. Discussion followed on other ways to handle the situation. Tessie continued with her report in telling the Committee they need 5 more votes for a po~e outcome on the name change. The Committee will make telephone calls to those that have not returned their replies. IV. TRANSPORTATION SERVICES REPORT: A. Budget - Val handed out the Budget with minor changes. (Attached) He discussed the water bills from the City of Naples. Bob and Val will research whether it is economical to switch from City water to affluent water. Discussion followed on the force main, septic tank system, impact fees and possibly waiving them. The Committee decided to get on the list for usage of affluent water. Val passed out the proposed 2003-2004 Budget. They are assuming the 2 Mil, and r~uring a 5% increase in taxable value. The numbers do include the $112,000 as part of the carryover. Bob will clarify the Revenues and estimated expenses next month. LANDSCAPE MAINTENANCE REPORT: Robert gave his monthly report: - Normal maintenance - Few irrigation issues, nothing major - Traffic accidents in Median 3, will replace the plants - Trimming being done on trees and shrubs - Median tip finished by Sawyer Marina - Thinning and staking trees Robert mentioned he will generate a list of plant material for the areas to be replanted. After much discussion - Maurice moved to authorize spending up to $8,000 for plant material replacement. Seconded by Tom Finn. Carded Unanimously 3-0. VI. VII. OLD BUSINESS: a. Status of Name .Change - discussed earlier. b. Bridge - Bob said the paperwork was sent to the State on Monday. Construction can begin 1-2 weeks alter the paperwork is received. c. Lights - Letter from Mr. Stedman - the letter for the deficiencies on illumines that was given verbally still has not been received. d. Collection of Insurance Fees - none collected. e. MSTU - $25,000 - the breakdown will be given the Committee at their meeting in May. NEW BUSINESS A. Banners - a lengthy discussion foil.owed on the four different seasons for the banners, different sizes and the costs being $50~. They will swing out to face traffic. Wrth new mounting poles and other costs the 2 total is approx. $26,500. Code Enforcement was contacted and approved. Maurice suggested to combine the seasons - spring & summer, fall & winter - would only change twice a year plus Christmas, for a cost savings. They need to redesign the fall and winter banners. Maurice moved to spend up to $18,000 for the 4 seasons (spring and summer), (fall and winter) and Christmas. The fall and winter banner to be redesigned. Seconded by Tom Finn. Carried unanimously 3-0. The Committee covered names to contact for the name change. They discussed the Mi! rate again and will make a decision at their May meeting. VIII. PUBLIC COMMENTS: None IX. Being no further business to come before the Comm~, meeting was adjourned at 5:55 PM. The next meeting is Wednesday, 4:00 PM., May 14, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 Advisory Committee 2685 S. Horseshoe Drive Naples FL 34104 AGENDA FOR Mpv 14. 2003 I. CALL MEETING TO ORDER II. ATTENDANCE IlL APPROVAL OF MINUTES: April g, 2003 TRANSPORTATION SERVICES REPORT: A. Budget LANDSCAPE MAINTENANCE REPORT: VI. OLD BUSINESS: A. Status of Name Change B. Bridge C. Lights - Letter from Stedman D. Grants E. Collection of Insurance Fees F. MSTU Breakdown-S25,000 G. Banners VII. NEW BUSINESS: VIII. PUBLIC COMMENTS: IX. ADJOURNMENT The next meeting is Wednesday, 4:00, June 11, 2003 Collier County Department of Transportation Road Maintenance Office 2685 S. Horseshoe Drive, Suite 212, Naples, FL 34104 Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 1611. SUMMARY MINUTES OF APRIL 9, 2003 IlL IV. Approval of Minutes: Maurice moved to approve minutes of March 6, 2003. Seconded Tom Finn Carried unanimously. Two persons from the Sheriffs office gave the Committee an overview report on a Naples Daily News sto~j that was distorted with misinformation by the reporter. Landscape Maintenance Report: Maurice moved to authorize spending up to $8,000 for plant material replacement. Seconded Tom Finn. Carried unanimously. New Business: A. Banners - were discussed and decided to do the four seasons combined into two. Maurice moved to spend up to $18,000 for the 4 seasons - spring and summer, fall and winter - would only change twice a year plus Christmas, for a cost savings. Seconded Tom Finn. Carried unanimously. 1611 8 ~D888 88888 8888 8oo8o888o~8 w <0~ 0 ~--w ----~Z ~ ooomg2~ ~o~ o~ o~ 8888 8888 888.~ ~;o co co §oo cc~ o mm · -i .-~ ~7 mm C~C~ m O> · -t ..ij 0-~ ~0 m °°° ~ >~ z~ ~ z m~ m ~ m m oooo~oogggggg§ ' Z 0 < m 0 o~oo~o,oo~oo~o~ooooo --oooooooooo oo ooooooo ~gg ooog g~ ~o -; o~ ~m O0 ~mO00 ~o~ e~'0 mm D~ 0 0 0 Halas Hen~ing, Coyle ,,, 5'/"" ¢01otta ..... BMM 2685 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS SPECIAL ~G APRIL 2, 2003 ./ APR 2 9 2003 o? Count2~ Commissioners III. Approval of Minutes: BJ Boyer moved to approve the minutes of April 3, 2003 as amended. Seconded Carol Wright. Carried unanimously 5-0. IV. Transportation Services Report: A. Budget Report - Val handed out the Budget and covered [me by [me items of the expanded Budget. After much discussion, Bud Martin moved to approve the total Operating Expenses of $165,000 projected for the 2003/2004 fiscal budget year. Seconded Charles Arthur. Carried unanimously 5-0. New Business: A. Set Mil Rate - BJ Savard-Boyer moved to set the Mil Rate at .5. Seconded by Charles Arthur. Carried 4-1. Carol Wright voting "no". l¢iis~, go,'res: 1611 ~taoey ~o~s~tttaa 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 May 1, 2003 AGENDA II. III. IV. Mo CAI J. MEETING TO ORDER ATIENDANC~ APPROVAL OF MINUTES: April 24, 2003 TRANSPORTATION SERVICES REPORT: A. Budget Report LANDSCAPE MAINTENANCE REPORT: OLD BUSINESS A. Wooden Posts B. Proposed Turnaround/North end of Gulf Shore Dr. C. Utility Lines D. Master Plan (Architects) E. Data on Population (Bud Martin) VII. VIII. X. NEW BUSINESS PUBLIC COMMEN~ ADJOURNMENT The next meting is scheduled for ~:30 PM. ~Tune ~th. AT ~T. ~TOHN$ CATHOLIC CHURCH 6~ ~ ~ ~ Ave. 2003 A. Ivt;o~y ~.o~mltt~ 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 '1611 April 24, 2003 SPECIAL MEETING III. Dick Lydon called the meeting to order at 2:33 PM. ATTENDANCE: Committee Members: Dick Lydon, BJ. Savard Boyer, Carol Wright, Bud Martin, Charles Arthur Collier County: Val Prmce-ATM Others: Sue Chapin-Manpower Services, 2 residents (Joe Connally & Alan Yurusevich) APPROVAL OF MINUTES: April 3, 2003 Under attendance, Bob Petersen was not present. A typo was corrected to read area, and not are, under Old Business. BJ Boyer moved to approve the minutes of April 3, 2003 as amended. Seconded Carol Wright. Carried unanimously 5-0. Bud Martin added under "New Business" - Information on Handling Expenditures - Support Staff get Breakout Information on Population and Tax Rolls by Area TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the Budget and covered line by line items of the expanded Budget. (Attached) He discussed the Budget process. - Some comparisons were discussed in different categories. - The figures, including Reserve Capital Outlay, were shown with the assumption of a .5 mil rate. Mr. Smykowski (Budget Office) assumed a 3% growth in taxable value. The Postage Account was increased as the Committee felt they will do more mailings this next fiscal year. - Val is still getting the actual breakdown of the $25,000 MSTU expense. If any money is needed by the Committee, it will go as a Budget Amendment and approved by the Board of County Commissioners. If the Committee needs to borrow money, and not in the Reserves it needs to be paid back in 2 years. More discussion followed on the Estimated Revenues and Expenses. Val mentioned it is always easier to go down than to go up when setting the Mil Rate from year to year. Bud Martin moved to approve the total Operating Expenses of $165,000 projected for the 2003/04 Fiscal Budget year. Seconded Charlie Arthur. Carried unanimously 5-0. LANDSCAPE MAINTENANCE REPORT: None OLD BUSINESS: None NEW BUSINESS: A. Set Mil Rate - discussion followed. than the .5, but can go lower. Dick explained they cannot go higher - Carol felt it should be lowered. She didn't know if it would be difficult to raise it another year if it was lowered now. She felt the residents within the MSTU would like to see it lowered because there is no Master Plan or a goal of what the money will be spent on. BJ talked about the people wanting to bury the utility lines. She feels it can be explained to them that the Committee will have a goal at looking into burying the utility lines. - Dick felt many people are confused about the total amount on their tax bills. It does not all go to the MSTU. - Bud stated the people do not want to plant flowers, but to spend some serious dollars, and more than the MSTU has, with several cycles of taxes. He feels they should maintain it at .5, and then give them something they can see their tax dollars go for. Charhe talked about the cost, per mile, to bury utility lines. He suggests the Mil rate should be left where it is. A Master Plan is definitely needed. The Committee will know various costs when it is in place. If the mil rate is lowered now, it will be difficult to raise it again. Dick said if the rate stays at ~5 rate, the Reserve will be approx. $1.3M. If they need $3M, they would then be in a position to proceed with a Plan because they would have approx. 1/3 of the cost. After much discussion - BJ Savard-Boyer moved to set the Mil Rate at .5. Seconded by Charles Arthur. Carried 4-1. Carol Wright voting "no". 16 1 Be Information on Handling Expenditures (MSTU) - discussed earlier under "Budget". Population Information Numbers - Bud would like to see numbers on: Residential vs. Commercial Connors Estates Single Family on Finger Streets (Gulf Shore Drive) Baker Carroll Pointe Gulf Shore - non-single (mul6-family) - East/West & North/South areas are different. Dick suggested Bud check with the Appraisers office (Abe Skinner) and ask for the above information. This information should also help the Planner in estabhshing a Master Plan for the fnture. PUBLIC COMMENTS: Alan Yurusevich - discussed the power lines and felt it would cost close to $1M/a mile to bury the lines. He felt doing one major project of burying the utility lines would make it more esthetic for everyone. Take the money they are now getting, at the same mil rate, keep it in escrow until enough funds are available for the project. After that is done, then do other projects such as sidewalks, bike paths etc. Joe Connelly - 10633 Gulf Shore Blvd. - he feels the Committee has a credibility problem - taxation without representation. The Committee should have lowered the mil rate. tie didn't think the Committee was proceeding in a proper manner concerning the burial of the utility lines. Dick discussed the letter from Mr. McElvam and Mr. Jotmson dated April Val handed out a list of Professional Landscape Architects. (Attached) He will get a stnnmary of projects they have completed. Being no further business to come before the Committee, Carol moved to adjourn. BJ Seconded. Meeting adjourned at 3:47 PM. The next meeting is scheduled foe 2:30 PM, May lat, 2003 AT ST. 3OHN$ CATHOL.TC CHURCH 625 111TH Ave. Naples, FL FOREST S LAKE Halas _ ~""/ I Henning_ 5 Coyle APR 3 0 7.003 Coletta_ i// '- ROA I)XA/A ¥' ,\ N !) I)RA I N A(; Ii; ~l~N'bIl~)unty Co. mt ss toner5 ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY MINUTES OF APRIL 18, 2003 Ve APPROVAL OF MINUTES: Roger Somerville moved to approve the minutes of March 28, 2003. Seconded Virginia Donovan. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT: B. Mil Rate - Roger Somerville moved to approve the 3 Mil Rate for the 2003/2004 fiscal budget year. Seconded Bob Cunningham. Carried unanimously 4-0. OLD BUSINESS: A. The P.O. for Wilson-Miller for $6,000 has been approved for them to proceed with their study. D. Gerald Morris will work with Bob Tipton on the Pine Ridge traffic concerns. E. Committee appointments will be made at the May 9th meeting due to confusion of applicants submitting them on a timely basis. To: FOREST LAKES ' 16IL R()AI)~g A~' ,'\Ni) I)RAINAG E M.S.'I',I i. ADVISORY COMMITFEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 MAY 9~ 2003 I. CALL MEETING TO ORDER ATTENDANCE: IH. APPROVAL OF MINUTES: April 15, 2003 TRANSPORTATION SERVICES REPORT A. Budget. OLD BUSINESS A. Update on Proposed Study/Wilson-Miller. B. Traffic Calming D. Traffic Concerns onto Pine Ridge E. Committee Appointments F. Water Pump G. City of Naples/Sewer Caps NEW BUSINESS A. Embankment/Shopping Center PUBLIC COMMENTS ADJOURNMENT The nevt .tooting will be hehl at !0:00 ~t31 i:ritbty, :%ittr 30th, 2003 .4 T ?tIE t:()RI:2¥T i..qA'IL¥ Naples'. FOREST LAKES R():\I)WA~' ANI) I)I{AINA(gE NI.S.T.I i. ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 APRIL 18~ 2003 IVe Bob Jones called the meeting to order at 10:00 AM. ATTENDANCE: Members: Bob Jones, Roger Somerville, Virginia Donovan, Bob Cunningham, Bill Seabury (Absent) County: Gerald Morris, Alternative Transportation Modes Others: Sue Chapin, Manpower Services, 2 residents APPROVAL OF MINUTES: March 28, 2003 Roger Somerville moved to approve the minutes of March 28m, 2003. Seconded by Virginia Donovan. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT A. Budget - no budget was presented and no changes from last meeting. Gerald announced they have the Purchase Order for the $6,000 for Wilson Miller to go forward with their study. B. Mil Rate - Roger Somerville moved to approve the 3 Mil rate for the 2003/2004 fiscal budget year. Seconded Bob Cunningham. Carried unanimously 4-0. OLD BUSINESS A. Update on Proposed Study/Wilson-Miller- was covered under "Budget" with P.O. for Wilson-Miller to proceed. B. Traffic Calming - Bob Jones informed the committee that he spoke with Lt. Rod Bishop from the Sheriffs office on paroling the Forest Lakes area. He was told they will do it with no charge and report back to the Committee. It was noted patrol cars have been seen in the area with radar set up for speeders. It was noted that anytime anyone sees something suspicious it should be reported to the Sheriffs office. Discussion followed on various problems that have been encountered in the development. C. Landscaping Plans - Project has been completed and titus trees have been planted. D. Traffic Concerns onto Pine Ridge - Bob Jones spoke with Bob Tipton on the problems. Mr. Tipton agreed the whole entrance needs to be 1611 redone. They will do a study on the turn lanes and traffic light timing. Bob Jones and Gerald Morris will keep in touch with Mr. Tipton and report back at a future meeting. Committee Appointments - due to some confusion on how many applicants submitted in a timely manner, the appointments were tabled until the May 9th meeting when Gerald will report back from Sue Filsons office on names for the two positions available. Bob Jones told the Committee members that the Quail Run Club has agreed and voted to accept the roadway (Woodshire Lane) in stewardship until there is a Master Association. The MSTU cannot pave or correct the inefficiencies without getting the land transferred and properly recorded with the County. NEW BUSINESS A. Roger asked if Gerald would get them information concerning the renting ora gas run construction water pump for any emergency that may arise in the summer during the rainy season. Discussion followed on the various sizes, where they can use it and where they can rent them. The main area would be at 996G Woodshire Lane and Forest Lakes areas along Forest Lakes Drive. This is for a temporary fix until something permanent can be done while construction work moves forward with project engineers. Gerald will report back to the Committee and also informed them that Wilson-Miller will be doing their study on these areas. B. Bob Cunningham reported the City of Naples was checking the sewer caps before any paving on Forest Lakes Bird is done. He wondered what they found out and if they were finished. Gerald will get information and report back to the Committee. PUBLIC COMMENTS - Janice Bundy and Bob Jones discussed an area of an embankment being used to enter the Shopping Center at the end of Forest Lakes Blvd. on Woodshire Lane. A stair step and railing was talked about, but more importantly the liability issue needed to be addressed. Discussion followed on cleaning up vacant lots. Some of them have been taken care of. Bob Cunningham moved to adjourn. Seconded by Roger Somerville. The meeting was adjourned at 11:00 AM. Thc re:vt meeting ,,ill be hehl at 10:00 AM FritfiO', :litO' Otb, 2003 2 !611 Ernest A. Carroll- 368 Woodshire .Lane.., 13-11 Naples, F1 34105 April 16, 2003 Atty. Lisa Hermann t Financial Plaza Suite 2602 100 SE 3ra Ave. Ft. Lauderdale, Fl 33394 Dear Ms. Hermann; We appreciate having had the opporumity to talk to you in regard to the trmxs_fer of the. Woods_him Lane_~ roadway to ~e ~Jai! Run._ Go. lfC!ub, Inc.. We have talked with the General Manager, Lou Rozzi of Q~miI Run Go!f Club, .h3c_. He will be sending you a copy of the Board of Directors approval for the transfer of the property to Quail Run Golf Club, Inc. All future contact will be handled thru Quail Run Golf Club, Inc. Their attorney is. Atty. Robert Samouce~ Samot~e,,. Murrell & Francoeur.. Lo~ated 800 Laurel Oak Dr. Suite 300, Naples, F1 34108, Mr. Robert Jones, President of MSTU, 1002 Forest Lakes Drive, Naples, Fi 34105 would appreciate any info _r!;3_ation related to the transfer of this property. Thank you again. Sincerely, Cc: Lou Rozzi Robert Jones Board of County Commisgioners 3301 Fast TIdamI Trill Application for Adviso~ Committees/Boards lf'~,, p~a~' Ita tie tIhhflb: .......... ~__ . ,. ~ ~- ~,. ~z~r~e: ................ ~/16/2003 13:19 9~1263329i KEVIN E MVRMO DC PAGE OE DR. KEVlN 6. MYRMO ~ .~. ~.~,,,,, i~ .~ ,,~,, ~ ~ ~,~,~ ...... ~ ..... ~:,~ ~ ................................ ~ ...... ~.~,~ .... ~. ,., PERSONAL DATA NAME: ADDRESS: OCCUPATION: BIRTHDATE: Kevin Elias Hyrmo 4951Tamiami Trail North Naples, rL 33940 (813) 263-7710 Chiropraotor 05-19-58 EDUCATION March 31, 1982 December 1978 June 7~ 1976 Palmer College of Chiropractic (D.C. de~ree granted) Taylor University (pre-medicine) Washington senior High School (diploma granted) LICENSES *Diplomats of the National Board of Chiropractic ~xaminers ,17980 *Hold a license to practice chiropractic in the state of IOwa #4854 - granted February 8, 1982 *Hold a license to practice chiropractic in the state of Florida #CH0004035 - granted'May 28, 1982 ASSOCIATIONS *PaZmer College of Chiropractic Alumni Association ..... 19~2-present *Florida Chiropractic Association .... 1983-present *Collier County Chiropractic Society 1984-present Vice-president ..................... ~985-1986 President ........................ 1986-1987 *Association for the History of Chiropractic ........... 198S-present March ]1, I 982 - September 1982 January 1983 - present practiced with my father Carl E. Myrmo, D.C. in his office in Cedar ~apids, Iowa solo p~actice in Naples, FL 16J MEMORANDUM Date: To: From: Re: May 28, 2003 Sandi L. Chernoff, 911 Coordinator Sheriff's Office Trish Morgan, Deputy Clerk Minutes & Records Department Resolution 2003-185 -Between BCC and Sprint Telephone Company of Florida, for continuing the existing E-911 system Enclosed please find one copy, as referenced above, approved by the Board of County Commissioners on Tuesday, May 27, 2003 (Agenda Item #16J2) . If you should have any questions, please contact me at 774-8406. Thank you. Enclosure RESOLUTION NO. 2003- 18 5 A RESOLUTION PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT 16J2 WHEREAS, Section 365.171 (13), Florida Statutes, provides that a county may impose a fee for charges for "911" service and equipment to be paid by local exchange subscribers on an individual exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone service availability in Collier County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to Section 365.171 (13), Florida Statutes, there is hereby imposed against local exchange subscribers a local option fee for the provision of enhance "911" emergency telephone service and equipment in Collier County. This fee shall be adjusted annually to cover allowable expenses as described in Section 365.171(13(a)(6), Florida Statutes. For the period of September 30, 2003 through September 30, 2004, the fee will be $ .50 cents per subscriber per access line per month. The County requests that the telephone company (exchange telephone service provider) providing enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County, the local option fee assessed by this Resolution and remit those fees to Collier County. Said telephone company, pursuant to Section 365.171(13)(c), Florida Statutes, may retain as an administrative fee an amount of one percent (1%) of the total "911" fees actually collected by said telephone company. Money in reserve is being carried forward to provide for capital improvements described in Section 365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 2001 revenues to be added to the total reserves shall not exceed ten percent (10%) of such fees billed for the 2000 fiscal year. The cumulative reserves are to pay for projected expansion and replacement of E911 equipment and service features described in Section 365.171(a)(13)(6), Florida Statutes. All carry forward reserves shall be administered in accordance with Subsection 365.171(13), Florida Statutes. This Resolution adopted on the ~r~..~,~ day of motion, second and majority vote for adoption. 2003, after DATED: 5- ~-~' C~ ATTEST: : DWIGHT E. B.R~K;,Clerk · ~.~. ', . · ..... ., ~ ~ Approved as to form and legal sufficiency: Thomas C~ ~almor Assistant Gounty ~ttornoy BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. BY: Tom Henning, C~ MEMORANDUM Date: To: From: Re: May 28, 2003 Ramiro Manalich, Chief Assistant County Attorney Office of the County Attorney Trish Morgan, Deputy Clerk Minutes & Records Department Agreement for Collier County Partial Funding of the Collier County Legal Aid Society, Inc. Enclosed please find a copy of the document as referenced above, Agenda Item #16K1, as approved by the Board of County Commissioners on May 27, 2003. If you should have any questions, please contact me at 8406. Thank you. Enclosure AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID SOCIETY, INC. THIS AGREEMENT is entered into this 7-.r14~ day of {Tlt~ ,2003 by Collier County, Florida, a political subdivision of the State of Florida, throug;h its Board of County Commissioners, hereinafter referred to as the "County", and the Collier County Legal Aid Society, Inc., d/b/a/the Legal Aid Society of Collier County, a Florida not-for profit corporation, hereinafter referred to as "Legal Aid Society". WITNESSETH: WHEREAS, on June 16, 1998, the County approved an ordinance providing for partial funding for a legal aid office in Collier County; and, WHEREAS, the Collier County Bar Association has led the local effort to establish the Legal Aid Society to assist qualified indigent residents of Collier County; and, WHEREAS, the County, in Collier County Ordinance No. 98-57, specifically found that providing funding assistance for the Collier County Bar Association's efforts to establish and maintain a legal aid office helps to address a public need and serves a lawful and necessary public purpose; and, WHEREAS, the Legal Aid Society is a private, not-for-profit corporation created through the efforts of the Collier County Bar Association to serve as the office which will address the legal needs of qualified indigent residents of Collier County, and, WHEREAS, it is in the best interest of the County to enter into a contract with the Legal Aid Society to conduct activities in accordance with the terms and conditions set forth herein; and, WHEREAS, the County, through Collier County Ordinance No. 98-57 has approved service charges/filing fees which are authorized by Florida Statutes to be used exclusively for the purposes of establishing, staffing, equipping, furnishing and operating a legal aid office for the representation of qualified indigent residents of Collier County. Specifically, the County has approved a service charge of $10.00 in probate matters, a fee of $10.00 for each civil action flied in the Circuit Court and a service charge of $10.00 for civil actions in County Court. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. Page 1 of 5 COUNTY FUNDING. Pursuant to Collier County Ordinance No. 98-57, and as authorized by Sections 28.2401, 28.241 and 34.041, Florida Statutes, the County hereby established a budget for the purpose of assisting with partial funding to establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. Said budget for expenditures shall be established annually by the County. COUNTY PAYMENT OF LEGAL AID SOCIETY EXPENDITURES. Payments for expenditures shall be made monthly upon the presentation of proper invoices/receipts to the Collier County Attorney's Office by the Legal Aid Society. LEGAL AD SOCIETY REQUIREMENTS. In performing this Agreement, the Legal Aid Society shall: a. establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. b. use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend funds with partial funding to establish, staff, equip, furnish and operate a legal aid office for the representation of qualified indigent residents of Collier County. c. act as an independent contractor in the performance of this Agreement. d. furnish the County Manager and Clerk of Courts with a semi-annual (5/15 and 11/15 of each budget year) narrative progress report on the program as it relates to this agreement. e. provide to the County evidence of legal professional liability insurance with limits of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier acceptable to the County. f. provide the County and the Clerk of Courts with full and complete access to all financial records including its budget, private funding sources, expenditures and all financial activities. The Legal Aid Society shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the Legal Aid Society under this Agreement. The Legal Aid Society shall open these records to inspection by County personnel at reasonable hours during the entire term of the Agreement. Any person duly authorized by the County shall have full access and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The provisions of this Page 2 of 5 paragraph shall survive the termination of this Agreement as to the fiscal years, or portions thereof, during which this Agreement is in effect. g. to the extent permitted by law, defend, indemnify and hold harmless the County from and against all claims, damages, losses and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the Legal Aid Society of its responsibilities under this Agreement. h. not assign or subcontract any of the services which are the subject of this Agreement without obtaining written consent from the County in advance of said assignment or subcontracting. Said consent shall not be unreasonably withheld by the County. i. not discriminate against any employee or person served under this Agreement on the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. j. comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any public authority having jurisdiction over the matter in question. TERM OF AGREEMENT. The term of this Agreement shall be for a period of three years to begin October 1, 2002 and to end on September 30, 2005, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for one (1) additional term of two (2) years. TERMINATION OF AGREEMENT. Should either party fail to perform under the requirements of this Agreement, then the non-breaching party may terminate said Agreement immediately for cause. Either party may terminate this Agreement for convenience with 120 day written notice to the other party. This Agreement is subject to annual appropriation by the Board of County Commissioners. NOTICES. All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and sent to the following addresses: mo President Collier County Legal Aid Society 2681 Airport Road South Suite C-105 Naples, Florida 34112 Page 3 of 5 16K '1 Office of the County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 AMENDMENTS TO THIS AGREEMENT. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. WAIVER. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement on the dates set forth above. DATED: 5-/:2-7/,~ 3 ATTEST: DWIGHT E. BROCK, CLERK -" ,4? ...... : ..... ApprO~'.as to ~0-~qegal sufficiency to Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM~~N~~ Page 4 of 5 WITNESSES: Mary J. Stuczynski Printed/Typed Name Signature Louise Chesonis Printed/Typed Name THE COLLIER COUNTY I.EGAL AID SOCIETY, INC. d/b/a/THE LEGAL AID SOCIETY OF CO! JJER COUNTY, a Florida not-for-profit corporation By: Signature Christine Greider Printed/Typed Name President Printed/Typed Title (corporate seal) H:PUBLIC/debbiea/agreements/2003/Legal Aid Society Page 5 of 5 16K2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 22, 2003 MEMORANDUM Date: To: From: Re: May 28, 2003 Janeen Person-Coale HUD Grants Coordinator, Collier County Financial Administration & Housing Trish Morgan, Deputy Clerk Minutes & Records Department Resolution 2003-186 -Approving the Collier County Second Amended Consolidated Pl§n One-Year Action Plan FY01-02 for Community Development Block Grants (CDBG) Funding Enclosed please find one (1) copy of the document as referenced above (Agenda Item #17A) as approved by the Board of County Commissioners on Tuesday, May 27, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures RESOLUTION NO. 2003 _18 6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE COLLIER COUNTY SECOND AMENDED CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2001-2002 FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDING, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB-RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2001 the Board of County Commissioners approved submission of the County's Consolidated Plan Five-Year Plan to the United States Department of Housing and Urban Development (hereinafter HUD); WHEREAS, included in that Plan was the One-Year Action Plan for Fiscal Year 2001- 2002; and WHEREAS, on June 11, 2002 the Board of County commissioners approved the Fiscal Year 2001-2002 Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the implementation of a temporary employment services program to serve the residents of St. Matthew's House, a homeless shelter, with employment was proposed for $96,500 in funding; and said project has been withdrawn by the applicant; and WHEREAS, the Second Amendment to the Fiscal Year 2001-2002 Consolidated Plan One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Citizens Advisory Task Force (CATF) met on March 20, 2003 to review proposed projects and recommend funding for the alternate projects proposed in the Fiscal Year 2001-2002 Second Amended Consolidated Plan One-Year Action Plan; and WHEREAS, the additional projects which have been proposed for funding ar~ i~cluded in the Second Amended Consolidated Plan One-Year Action Plan for FY 2001-2002. NOW, THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. OF COUNTY The Board of County Commissioners of Collier County approves the Collier County Second Amended Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2001-2002 for the CDBG Program, which is attached and incorporated herein by reference, and approves execution of CDBG sub-recipient agreements by the CDES Division Administrator, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG programs. 2. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-seventh day of May 2003, after motion, second and majority vote favoring same. DWIGH~.'YE. j3R~CK~ ~LERK ?,5 i '~,, : :~-2.'~ Approved' as ro torm and Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COL~ CO~7, FLORI?A By: TOM H~NNING, dHAIRMAN 5/zq/03 Pa~e 2 of 2 DRAFT COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FY 2001-2002 Adopted May 8, 2001 Amended June 11, 2002 Proposed April 10, 2003 Proposed Adoption Date: May 27, 200~:~ Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 (239) 213-2937 Table of Contents EXECUTIVE SUMMARY oooooooo,ooo,,oooooooooo.ooo.ooooeoooo.oooooooo**oooo ] CITIZEN PARTICIPATION PROCESS eeoo®eeeeoeeeeee®eoeoeoeeoooooo®.® 3 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ............ 3 AMENDMENT FY 01-02 TIMELINE ...........,.,........................ .... .. 3 ONE YEAR ACTION PLAN .................................................. 4 RESOURCES (FUNDING SOURCES) ................................................................................................ 5 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES ................ 7 ACTIVITIES TO BE UNDERTAKEN .................................................................................................. 8 GEOGRAPHIC LOCATION ............................................................................................................ 12 ADOPTING RESOLUTION ................................................................................................. 14 CITIZEN PARTICIPATION PLAN ....................................................................................... 15 AFFADAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS .................................................... 16 Corzsolidated Platz One-Year Action Platt FY 2001-2002 (4-03) Collier CotmO,, Floridrz ii EXECUTIVE SUMMARY I?A Background On May 8, 2001 the Board of County Commissioners approved the Consolidated Plan One-Year Action Plan for FY 2001-2002. The plan was amended on June 11, 2002 due to the withdrawal of an application that was proposed for funding. The FY 2001-2002 plan is again being amended due to the withdrawal of a project proposed for funding. The project was the implementation of a Temporary Employment Services program to provide residents of St. Matthew's House, a homeless shelter, with temporary employment. The grant was to cover the first year of Worker's Compensation expense. Collier County is amending the FY 2001-2002 Consolidated Plan One-Year Action Plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to the aforementioned project. An amendment to the Consolidated Plan One-Year Action Plan is required "whenever a Community Development Block Grant (CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the County's Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non- housing community planning for fiscal year 2001-2002. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate-income persons. The Citizens Advisory Task Force (CATF) met on March 20, 2003 to review Amended Projects for CDBG funding and to propose projects to be included in the Amended One-Year Action Plan. The total funding allocation for FY 2001-2002 was $2,087,000, and $96,500 has been proposed for reallocation. The projects proposed for new or additional funding are: Immokalee Youth Services - New Project Rural Prescription Medication Program - Additional Funding Total Reallocated Funds 50,000 46,500 9C500 Amended Consolidated Plarz One-Year Actio~z Pla~z FY 2001-2002 (4-03) Collier CotmO,, Florida 1 Following is the proposed use of funds for FY 2001-2002: ORIGINAL AMENDED PROJECT TITLE/DESCRIPTION AMOUNT AMOUNT CHANGES Infrastructure Improvements - Habitat Village $600,000 $600,000 -0- Infrastructure Improvements-Affordable Housing-Immokalee $213,000 $213,000 -0- Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 -0- Wolfe Apartments - Special Needs Housing $224,160 $224,160 -0- Street Lights - Immokalee $ 48,000 $ 48,000 -0- Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Temporary Employment Services $ 96,500 -0- <$96,500> Rural Prescription Medication Program $ 60,000 $106,500 $ 46,500 Immokalee Youth Services -0- $ 50,000 $ 50,000 Program Planning and Administration $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- Amended Cotzsolidated Plan One- Year Action Plan FY 2001-2002 (4-03) Collier Cott~zts', Florida 2 Z?A CITIZEN PARTICIPATION PROCESS The Amended One-Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. While developing the Consolidated Plan FY 2001-2002 Amended One-Year Action Plan, a timeline was also produced to demonstrate the activities that should occur during the Action Plan amendment process as follows: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT FY 01-02 TIMELINE Task Date Citizens Advisory Task Force Meeting - Update Progress March 20, 2003 & Review Proposed Projects Availability of Amended FY 01-02 Action Plan and 30 April 10, 2003 day public comment period (April 11, 2003 - May 12, 2003) Ad to run Distribute amended proposed FY 01-02 Action Plan to April 10, 2003 various library locations 30 day Public Comment Period begins April 11, 2003 30 day Public Comment Period ends May 12, 2003 BCC approval of FY 01-02 Amended Action Plan May 27, 2003 FY 01-02 Amended Action Plan sent to HUD May 30, 2003 Notice of the draft Amended One-Year Action Plan availability was published for a 30-day public comment period on April 10, 2003. The advertisements were both in English and Spanish. The notice was published in two newspapers (general circulation - Naples Daily News, and a local paper - Immokalee Bulletin). The draft plan was also available for public review in all county libraries as well as the County's Financial Administration and Housing Department. The public comment period is from April 11, 2003 - May 12, 2003. All comments from citizens will be considered in the preparation of the final FY 01-02 Amended One-Year Action Plan. Final action will be the adoption of the FY 01-02 Amended Consolidated Plan One-Year Action Plan by the Board of County Commissioners at a Public hearing at the regularly scheduled Board of County Commissioners meeting on May 27, 2003. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Count, Florida ONE YEAR ACTION PLAN This Amended One-Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2001-2002 to implement its Five Year Strategic Plan. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 4 RESOURCES (FUNDING SOURCES) The following resources are available in FY 2001-2002 to undertake these activities. Federal Community Development Block Grant FY 2001-2002 $2,087,000 Amended Consolidated Plan One-Year Action Platt FY 2001-2002 (4-03) Collier CotmU, Florida 5 FUNDING SOURCES Entitlement Grant (includes reallocated funds) Total CDBG $2,087,000 ESG ,0 HOME* $0 HOPWA $0 $2,087,000 Prior Year's Program Income NOT previously programmed or reported CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- $0 Total Reprogrammed Prior Year's Funds CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $0 $o $o $2,087,000 $o $2,087,000 $o Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier CotmT, Florida ZTA IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non-Homeless; Housing Needs; Continuum of Care Gap Analysis - Individuals; Continuum of Care Gap Analysis - Persons in Families with Children; and Community Needs. Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier Count, Florida 7 Special Needs/Non-Homeless -- Sub-Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons with Alcohol/Other Drug Addiction Persons with HIV/AIDS Priority Need [ Low [Low LLow [ LOW [LOW [LOW [LOW Estimated $ [$~uu,uuu L$~UU,UUU L$~UU,UUU [$~uu,uuu [$~uu,uuu [$~uu,uuu TOTAL i$~,~uu,uuu Housing Needs Renter Small Related Large Related Elderly All Other Need Level Units 0-30%ofMFI IH,gn 31- 50% of MFI tamed 51- 80% of MFI l LOW 0- 30% of MFI m Hign m J'5'013~1 31 - 50% of MFI 51 - 80% of MFI mEOW I I 0 - 30% of MFI IMecl I 14uu 31 - 50% of MFI I lVlecl 51 - 80% of MFI 0-30%ofMFI IH,gn 31- 50% of MFI I Mea 51 - 80% of MFI Estimated $ ISzu,uuu,uuu I$1u,uuu,uuu I$1U,UUU,UUU 1$,5,UUU,UUU I$S,uuu,uuu I$1,uuu,uuu ISzuu,uuu 1$2UU,UUU I$1,uuu,uuu I$~,uuu,uuu 151,uuu,uuu 0-30%ofMFI [High I 31- 50% of MFI [Mea J 51 - 80% of MFI [Low J [z,suu j [$Z~,UUU,UUU [$zs,uuu,uuu [$zs,uuu,uuu C:ontinuum of Care: Gaps Analysis - Individuals Beds/Units Emergency Shelter Transitional Housing Permanent Housing Total Estimated Needs Izzu I !~zu I 441 Current Unmet Need/ Relativ, e Inventory Gap Priority ITM I Iu'i I l,L°w I~u I I'~u I Izz I I/u ] I-'gn I 221 220 ............. ~, ........ r:,'ccs Slotc Job Training Case Management Substance Abuse Treatment Mental Health Care Housing Placement Life Skills Training Other Categories Transportation IZU;3 J 14UI:I I~[~ I ITM I Izu;~ I I"'gn i Chronic Substance Abusers [1~J4 J Seriously Mentally III ITM Dually-Diagnosed Veterans [4u Persons with HiV/AIDS J 13 J Victims of Domestic Violence I1 u~ j Youth [4~ J Other Categories Pysically Disabled [1 Continuum of Care: Gaps Analysis - Persons in Families with Children Emergency Shelter Transitional Housing Permanent Housing Total Estimated Current Needs Inventory Gap I~ I I~u I I.f~ I.'~'~4 I I'¢r1 i 271 ~ 07 ~ 64 Unmet Need/ Relative Priority /Hfgn '°w Job Training Case Management Child Care Substance Abuse Treatment Mental Health Care Housing Placement Life Skills Training Other Categories Health Care Transportation I'~gn ] I~fgn ] i'o~ J jH,gn ! [meu ] lL°w IH~gn J Chronic Substance Abusers Seriously Mentally III Dually-Diagnosed Veterans Persons with HIV/AIDS Victims of Domestic Violence 15u I Iu I I'Su ITM I iu I ITM 15 I Iu I F' ! I~ I Iu I I''~ I Is J Iu ] 15 J l~u I 1:~u J I,TM I In~eu I~ea Ime~ I~ea l'Med ] [H,gn Community Needs -- Anti-Crime Programs Overall Sub-Categories Crime Awareness (051) Need Level Units Estimated Low 1 $10,000 Low 1 $10,000 Overall Need Level Units Estimated High 13 $13,500,000 Sub-Categories Rehab; Publicly or Privately-Owned Commer (14E) Cl Land Acquisition/Disposition (17A) Cl Infrastructure Development (17B) Cl Building Acquisition, Construction, Re (17C) Other Commercial/Industrial Improvements (17D) ED Direct Financial Assistance to For-Pro (18A) ED Technical Assistance (18B) Micro-Enterprise Assistance (18C) High I $100,000 Low 0 $0 High I $1,000,000 High 3 $11,500,000 High 2 $500,000 High 2 $200,000 High 2 $100,000 High 2 $100,000 Overall Sub-Categories Flood Drain Improvements (031) Water/Sewer Improvements (03J) Street Improvements (03K) Sidewalks (03L) Tree Planting (03N) Removal of Architectural Barriers (10) Privately Owned Utilities (11) Need Level Units Estimated High 72,510 $13,100,000 High 2,500 $2,500,000 High 10,000 $3,000,000 High 50,000 $6,250,000 Med 10,000 $1,000,000 Low 5 $250,000 Low 5 $100,000 Low 0 $0 Overall Need Level Units Estimated High 0 $0 Sub-Categories HOME Admin/Planning Costs of PJ (not part (19A) -- Planning (20) -- General Program Administration (21A) -- Indirect Costs (21B) -- Public Information (21C) -- Fair Housing Activities (subject to 20% A (21D) -- Submissions or Applications for Federal P (21E) -- HOME Admin/Planning Costs of PJ (subject (21H) -- HOME CHDO Operating Expenses (subject to (211) -- o $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Community Needs (Page 2) Need Level Units Overall High 22 Sub-Categories Public Facilities and Improvements (Gener (03) Handicapped Centers (03B) Neighborhood Facilities (03E) Parks, Recreational Facilities (03F) Parking Facilities (03G) Solid Waste Disposal Improvements (03H) Fire Stations/Equipment (030) Health Facilities (03P) Asbestos Removal (03R) Clean-up of Contaminated Sites (04A) Interim Assistance (06) Non-Residential Historic Preservation (16B) 17A Estimated $5,750,000 High 10 $2,500,000 Low 0 $0 High 5 $2,500,000 High 5 $250,000 Low 0 $0 Low 0 $0 Med 0 $0 Med 2 $500,000 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Overall Sub-Categories Public Services (General) (05) Handicapped Services (05B) Legal Services (05C) Transportation Services (05E) Substance Abuse Services (05F) Employment Training (05H) Health Services (05M) Mental Health Services (050) Screening for Lead-Based Paint/Lead Hazar (05P) Need Level Units High 11,500 High 5,000 Low 0 Low 0 High 1,000 Low 0 High 500 High 5,000 Low 0 Low 0 Estimated $3,5O0,00O $500,000 $0 $0 SI,000,000 $0 SI,000,000 SI,000,000 $0 $o Overall Sub-Categories Senior Centers (03A) Senior Services (05A) Need Level Units Low 0 Estimated $o Low 0 $0 Low 0 $0 Community Needs (Page 3) Ycuth Prc.3rcms Need Level Units Overall Med 10,509 Sub-Categories Youth Centers (03D) Child Care Centers (03M) Abused and Neglected Children Facilities Youth Services (05D) Child Care Services (05L) Abused and Neglected Children (05N) (03Q) Med 2 Med 5 Med 2 Med 5,000 Med 5,000 Med 500 Estimated $12,000,000 $1,000,000 $2,500,000 $1,000,000 $2,000,000 $5,000,000 $500,000 Overall Need Level Units Low 0 Sub-Categories Urban Renewal Completion (07) CDBG Non-profit Organization Capacity Bui (19C) CDBG Assistance to Institutes of Higher E (19D) Repayments of Section 108 Loan Principal (19F) Unprogrammed Funds (22) Estimated $o Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 Low 0 $0 ACTIVITIES TO BE UNDERTAKEN Following is the proposed Amended Use of Funds £or the FY 2001-2002 program year: ORIGINAL AMENDED PROJECT TITLE/DESCRIPTION AMOUNT AMOUNT CHANGES Infrastructure Improvements - Habitat Village $600,000 $600,000 -0- Infrastructure Improvements-Affordable Housing-Immokalee $213,000 $213,000 -0- Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 -0- Wolfe Apartments - Special Needs Housing $224,160 $224,160 -0- Street Lights - Immokalee $ 48,000 $ 48,000 -0- Storm Drainage Improvements - Marco Island $250,000 $250,000 -0- Park Improvements - Naples $250,000 $250,000 -0- Temporary Employment Services $ 96,500 -0- <$96,500> Rural Prescription Medication Program $ 60,000 $106,500 $ 46,500 Immokalee Youth Services -0- $ 50,000 $ 50,000 Program Planning and Administration $298,340 $298,340 -0- GRAND TOTAL $2,087,000 $2,087,000 -0- The listing of proposed projects provides details on each of the above activities. Project DescriptionsI Affordable Housing Programs CDBG and SHIP resources provide Collier County with the means to assist in purchasing of home or rehabilitation of substandard housing for residents with incomes of 80% or less of the median income for Collier County ($69,800 being the median income for a family of four). The Financial Administration and Housing Department used SHIP funds to match applicable federal dollars for general housing rehabilitation program and home ownership programs. All of Collier County's affordable housing programs are based on a first come, first- served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life-threatening conditions. All affordable housing programs conform to specific CDBG and SHIP regulations. CDBG funds are also spent on infrastructure support (water and sewer line installation, sidewalks, and entry roads & site preparation) for the affordable housing developments built by Community Based Development Organizations (CDBO). (Project Descriptions are based on Annual Prqjccts for FY 2001-2006. See individual prqject tables attached) Amended Consolidated Plan One-Year Action Plan FY 200l-2002 (4-03) Collier County, Florida 8 Infrastructure Support for Affordable Housing Development Infrastructure support (water & sewer and entry roads) for an affordable housing development (108 single-family homes), which will be built by Habitat for Humanity of Collier County, Inc. for very low-income families. The site is Habitat Village at Victoria Falls Planned Unit Development (PUD) on U.S. 41 East, one mile west of Collier Boulevard (CR 951). Habitat for Humanity of Collier County has a long history of providing affordable housing in Collier County. By providing infrastructurelnfrastructure (road widening, water & sewer) for approximately 30 single-family homesites to be developed for low-income families in Immokalee by the Collier County Housing Authority in partnership with the Empowerment Alliance of Southwest Florida. The Board of County Commissioners has declared the Immokalee area as a slum and blight and Community Redevelopment Area (CRA). By providing infrastructure support, the price of homes will be affordable to low-income families. The purchase price of the home is estimated to be around $65,000. Infrastructure Support for Affordable Housing Development Infrastructure (road widening, water & sewer) for approximately 30 single-family homesites to be developed for low-income families in lmmokalee by the Collier County Housing Authority in partnership with the Empowerment Alliance of Southwest Florida. The Board of County Commissioners has declared the lmmokalee area as a slum and blight and Community Redevelopment Area (CRA). By providing infrastructure support, the price of homes will be affordable to low-income families. The purchase price of the home is estimated to be around $65,000. Community Redevelopment Areas (CRAs) The Collier County Board of County Commissioners declared two areas, Bayshore/Gateway Triangle and Immokalee as "blighted area" (as that term is defined in Section 163.340(8), Florida Statutes (1999), and that such area constitutes a "community redevelopment area" as defined in Section 163.340(10), Florida Sates (1999) in March 14, 2000, to prevent further blight and deterioration in the areas. Immokalee CRA - Streetlight Enhancement Project, Phase I The overall project involves the installation of streetlights in Immokalee for welfare and safety reasons to reduce pedestrian, bicycling, and vehicular accidents along poorly lit streets and intersections and to reduce criminal activity, thereby making the [mmokalee community a safer place to live. The first phase will provide for installation of approximately forty (40) streetlights and funds to operate them for a period of five years. After that time, the Collier County Lighting District will assume responsibility for the cost of operating the streetlights. Some existing streetlights may also be upgraded from low wattage to higher wattage in areas where brighter lights are necessary for added safety. Amended Consolidated Plan One- Year Action Plan FY 2001-2002 (4-03) Collier CounU, Flori~k~ 9 Specials Needs Housing The County supports non-profit social service agencies providing supportive housing and transitional housing for special needs population. Rehabilitation Assistance for Special Needs Housing CDBG funds will be used to rehabilitate five (5) duplexes housing 16 very low-income adults afflicted with chronic, severe, persistent mental illness and other disabilities. County Collier Alternatives, Inc., a non-profit organization affiliated with David Lawrence Mental Health Center, manages these housing units. David Lawrence Center provides Case Management, Supportive Living and Supportive Employment services to the residents of these units. The rehabilitation activities will aid in improving the current deteriorated condition of duplexes and bring the units up to the building codes. Infrastructure Support for Transitional Housing CDBG funds will be used to provide infrastructure support (water, sewer, entry road and paving) for an affordable housing project known as the Wolfe Apartments. The project sponsor is St. Matthew's House, a homeless shelter. There will be [6 two-bedroom units and 30 one-bedroom units. The units will benefit individuals either transitioning from area homeless shelters or going through various programs (recovery programs for alcoholism and/or drug addition). Amenities will include laundry facilities and meeting rooms for residents. Supportive services will include job training, self-esteem and spousal abuse counseling, money management, referrals for mental health counseling, and health services. Public Services The County supports the provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under § 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government in the 12 calendar months before the submission of the action plan. Rural Prescription Medication Program This project is the expansion of an existing rural prescription medication program by the Collier County Social Services Department working in collaboration with Collier Health Services, Inc. at Marion E. Fether Clinic, located in Immokalee. Currently, Collier County Government provides assistance to eligible indigent residents as required by Florida Statute. The service provides emergency/short-term pharmacy assistance. The previous CDBG FY 01-02 amended plan provided $60,000 for this project to provide prescription service to 150 very low-income individuals in Immokalee. Additionally, $46,500 is being reallocated to this project from FY 01- Amended Consolidated Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 10 02 will serve an additional 90 very low-income individuals in Immokalee. Immokalee Youth Services Program This is a new program that will be coordinated and managed by The Empowerment Alliance of Southwest Florida, which has requested $50,000 in CDBG funds to operate an eight-week summer employment program in Immokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non-profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. Participating Jurisdictions In 2001, Collier County entered into participating party agreements with the cities of Naples and Marco Island to qualify for entitlement status to receive CDBG funding directly from the U.S. Department of Housing and Urban Development (HUD). City of Naples CDBG fund, along with the City's funds, will be used to construct a new 12,000 square foot community center to replace the 3,500 square foot facility that was built in the 1950's in the River Park neighborhood. A larger facility will allow for expanded educational and recreational program opportunities for approximately 700 very low and low-income children. Educational and recreational programs will be available for approximately 500 very low and low-income seniors and adults in the neighborhood. City of Marco Island CDBG funds, along with the City's funds, will be used for reconstruction and expansion of an existing deficient stormwater drainage facility in a Iow-income area. Amended Consoli&tted Plan One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 11 0000 0 0 0 0 E ~oo oo o o -~ 0 o~ 0000 0 0 ?~oo 0 LU T T CD (SD 0000 0 © 0 0 o o 0 0 ~ ~ 'D o o 0 0 o Q- c~ o o o o o o 0 o o o u3 ~: 0000 ~ ~ 0 0 ~ .I T T 0 © 0 0 o o ~> Cl. Q- 27_ 27_ 17A r~coO0 0 U.I "1- '1- 0 0 0 17A 0 0 0 0 o GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2001-2002 with the Community Development Block Grant (CDBG) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Amended Consolidated Plan One- Year Action Plrm FY 2001-2002 (4-03) Collier Count, Florida 12 UJ I?A ?A ?A :llJ lJ J[ APPENDIX Amended Consolidated Platt One-Year Action Plan FY 2001-2002 (4-03) Collier County, Florida 13 ADOPTING RESOLUTION Amended Consolidated Plan One-Ye~tr Action Plan FY 2001-2002 (4-03) Collier County Florida 14 CITIZEN PARTICIPATION PLAN Amended Consolidated Plan One-Ye~r Action Plan FY 2001-2002 (4-03) C~;llier CounU, Florid(z OR: 2764 PG: 0781 Collier County FLOR[DM PL~tNN;NG GROUP, INC. AGENDA ITE~ J/~l'l 0 S ~001 CONTENTS OR' 2764 PG: 0782 INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSIsTANcE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE 00-I11 AGENDA ITEM J~N 0 9 2001 OR: 2764 PG: 0783 Introduction In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Plamiing and Development Programs" and more specifically with the provisions of 24 CFR 91.40I and 24 CFR 91.105, Collier County has adopted the following Citizen Participation Plan. Required by HUD regulation and Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by CollieriCounty for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. . A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM No. JAN 0 9 2001 Pg' OR: 2764 PG: 0784 SECTION 1 PUBLIC MEETINGS ,~,~1! 1-, .~..I ~1 x:,,,~,,;., meetings ~,,,, be,,~,~ at vm~ous locations :~.,,,~; ......~,~,,,o,~'~i .... ~;~ ,,,~ ...... s v ..... buildings, or locations convenient to the residents of the County. Meeting times will also be convenient to residents ~d held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. i' Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403~2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for lthe Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, requ,in-emeats, regulations, andl questions. 1. Revf~¥ of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Perforrn~ince Hear/ng will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. AGENDA, ITEM ................... JAN 0 9 Z~ 2 OR: 2764 PG: 2. Community Development Needs Hearing The public hearing to address the identification ofneefls will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if ans-. 0785 Notices The of Meetings and Hearings public will be notified of all hearings through the local media, namely the: Naples Daily News Irnmokalee Bulletin Public Access Channel 54 Plans are underway to advertise via the County's Interact Website. Notices will be published approximately I0-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: the amount of Community Development Block Grant funds available to the County the. eligible range and types of activities for which the funds may be used; the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and minutes and records of meetings and hearings, Grant Agreements, monitoring repor reports, all 'JAN 0 2 OR: 2764 PG: 0786 applications for other programs, COnsolidated Plans, Consolidated Annual Pert"Ermance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday '~ t,-uu~;,, Friday. r,,,,,;,.~ of most items ~re avnil~hle ,_,pon req,,e~t at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive, #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: ~.D^ ....... JAN 049 ~'~ OR: 2764 PG: 0787 'rhe County de°ides to ohange the purpose/stated o~,.~ecti,,es or ~,enefi 'c~il~ a~, activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10' CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary' depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. 00-111 AGENDA iTEM JAN 0 9 200' CLNR~ ?0 THB BOABD IN?B~OFFICB ~TN F~OOR 1240 2736585 OR: 2764 PG: 0780 RRCORDgD iD the OFFICIAL RECORDS of COLLINN COUNT?, FL 01/11/2001 at 09:RBAH OWIGI{T B. BROCK, CI, NNI( RESOLUTION NO. 2001 - 02 NBC FNB COPIg$ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GKANT PROGRAM. 37.50 17A WIt]EKEAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Develop~nent Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Ccmsolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this q~-'q day of / and majority vote favoring same. -" ATTEST; ' ' DW1GltT. E. BROCK, CLE~ ' A~proved as to ~orm and k~al su~c(ency: Patrick G. White Assistant County Attorney , 2001 after motion, second BOARD OF COUNTY COMMISSIONERS OF AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Amended Consolidated Plan One-Year Act&m Plan FY 2001-2002 (4-03) Collier County, Florida 16 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, CONFERENCE ROOM "E", 2800 N. HORSESHOE DRIVE, NAPLES, FL AT 4:00 P.M. ON THURSDAY, MARCH 20, 2003. AGENDA 1. Roll Call 2. Approval of Minutes a. Approval of Minutes for December 12, 2002 3. Review of Small Cities Community Development Block Grant 4. Review of FY 2003-2004 One-Year Draft Action Plan 5. FY 01-01/02-03 Project Updates 6. Schedule next CATF meeting 7. Adjournment ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITIZENS ADVISORY TASK FORCE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU REQUIRE SPECIAL AID OR SERVICES AS ADDRESSED IN THE AMERICANS WITH DISABILITIES ACT OR REQUIRE SOMEONE TO TRANSLATE OR SIGN, PLEASE CONTACT THE FINANCIAL ADMINISTRATION AND HOUSING OFFICE AT (239) 213-2937, NO LATER THAN TWO (2) DAYS PRIOR TO THE PUBLIC HEARING DATE. ~.74 Collier County CATF Meeting March~,t~, 2003 - 4:00 p.m 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-In Sheet NAME ADDRESS CDBG Citizen Advisor Task Force March 20, 2003 4:00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda Call Meeting to Order- Roll Call A. Introduction of New CATF Member- Fred Thomas B. Election of new CATF Chair II. Approval of Meeting Minutes A. Approval of December 12, 2002 Meeting Minutes III. Review of Small Cities Community Development Block Grant- Immokalee Manufacturing Facility II IV. Review of FY 2003-2004 One-Year Draft Action Plan V. FY 2001-2002 Project Update/Amendment VI. FY 2002-2003 Project Update VII. New Business A. Discuss possible bus tour of FY 02-03 projects VIII. Adjourn March 20, 2003 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 4:04 p.m. by Janeen Person-Coale. ROLL CALL ABSENT There was a quorum presen PRESENT Bill McCarthy X Fred Thomas X Ellen Christian-Myers X David Corban X Russell Tuff X II. Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Combs, Susa Alden, Gary Young, Janeen Person-Coale and Julia Langhorn III. IV. VI. VII. VIIi. Introduction of new CATF member Mr. Fred Thomas by Janeen Person-Coale. Mr. Thomas a brief over view of his career. Russell Tuff was congradulated for his re-appointment to a second term. Election of CATF New Chair. Ellen Christian-Myers nominated David Corban. Second motion by Russell Tuff. Motion to approve, carried 5/0. Approval of December 12, 2002 minutes. Bill McCarthy motion to approve, second by Russell Tuff. Motion to approve carried 5/0. Review of Small Cities Community Development Block Grant-Immokalee Manufacturing Facility II. Overview, synopsis and status provided by Staff followed by question and comment period from CATF members. Review of FY2003-2004 One-Year Draft Action Plan. Overview of projects and CDBG funding provided by Staff. Plan to be on BCC agenda on 4/22/03. Chair David Corban to attend meeting. FY2001-2002 Project Update. Staff proposed approval of recaptured funding from FY 01-02 for two projects. The Rural Prescription Drug Program, which will receive an additional $46,500, and a new project recommended by staff, the Youth Work Program for Immokalee which will receive funding in the amount of $50,000. Motion to approve by Fred Thomas, 2 second by David Corban. Motion to approve carried 4/1 with Russell Tuff voting against, with a request for staff to provide budgetary information within thirty days to CATF Members. FY2002-2003 Project Update. Staff reviewed current status of all related projects followed by question and comment period for CATF members. New Business-Discuss possible bus tour of FY02-03 Projects. CATF members unanimously voted in favor of touring 2002-2003 projects and requested staff to contact them with possible dates in May. XI. Meeting was adjourned by CATF Chair, David Corban at 5:20 p.m. 0 ,-' ~-. ~ COL,LIER COUNTY FLORIDA AMENDMENT TO THE CONSOLIDATED PLAN ONE-YEAR ACTION PLAN ~QuaL ~umN~ OPFORTUNITY _. FOR FY Z001-2002 IS AVAI~gLE FOR REVIEW ~r~ou~g~ AND PUBLIC COMMENT ~mhlbl~ ~isc~m;mat;on ' n~ien~ e~in, c~lor, ~ r~ion, h~ndl¢~ ~d Collier Coun~ [s amending the ~ 2001-2002 C0nsollaated Plan One-Year Action Plan,due to the availabill~ of CommuniW Development Block Grant (CDBG) funds prewously allocated to aJproject that has been withdrawn, An amendment to the Consolidated Plan One-Kear Action Plan is required "whenever a Community Development Block Grant(CDBG) program activiW Is deleted or added, or when a change in purpose, scope, location, or beneficla~ of an activity previously stated -)s changed, resulting i~ a reallocation of CDBG funds," according to the ;onsolidated Plan Citizen Padicipation Plan adopted on Janua~ 9, 2001. The Consolidated Plan (CP] i~ required by the U,S. Depa~ent of Housing and Urban Development (HUD). Th, -orograms and non-hous :Joals of the CF) are t ~nvlronment; and expanc Income persons. The Citi -':o review Amended Pro ncluded in the amended 2001-2002 was $2,087,( _.fo[Iowfng table demonstr, ~udget (proposed projec PROJECT TITLE/DESCR Infrastructure Improvem~ _!nfrastructure Improvemer Housing Rehabilitation- Wolfe Apartments -Spe( Street Lights - Immokale _Storm Drainage Impreve~ Sark Improvements - Na rempor~r~ Employment Rural Prescription Medic -~mmokalee Youth Servic~ =rogram Planning and Al -'=ublic Comment Period .?.oples of the amended libraries as well as at th, -30~0 N. Horseshoe DrN :orrnat accessible to per comments will be acc, comments from citizen.. -~.ctlon Plan. 3ublic Hearing Final action will be th( -Action Plan by the ~gulaHy scheduled Boa If you require special _DisaDilltles Act (ADA) =AH office at (239) 21 -leering date. CP is a document, which Is used to guide housing ~g community planning for fiscal year 2001-2002. The 3: provide decent housing: provide a suitable livlng economic opportunities for very Iow, Iow and moderate- zens Advisory Task Force (CATF) met on March 20, 2003 acts for CDBG funding and to propose projects to be One-Year Action Plan. The total funding allocation for FY 00; approximately $96,500 has been reallocated, The ~tes the changes from the original budget to the amended IPTION ORIGINAL AMENDED AMOUNT AMOUNT BUDGETED BUDGETED nts - Habitat Village $800,000 $600,000 ts- Affordable Housing .Immokalee $213,000 $213,000 ;olfier Housing Alternatives $ 47,000 $ 47,000 iia[ Needs Housing $224,160 $224,160 e $ 48,000 $ 48,000 nents - Malco Island $250,000 $250,000 31es $2~0,000 $2~0,000 ~er~ices $ 96,500 -o- ation Program $ 60,000 $106,500 ~ -0- $ $0,000 ~ministration $298,340 $298,340 ~,O~7,O00 One-Year Action Plan are available in all Collier County Financial Administration and Housing (FAH) Department, ~, 9uite 275, Naples, FL 34104, The CP Is available in a ~ons with disabilities upon request (239 213-2937]. Written ;pted from April 11, 2003, through May 12, 2003. All will be considered in preparing the amended One-Year adoption of the amended Consolidated Plan One-Year rd of County Commissioners at a Public hearing at the 'd of County Commissioners meeting on May 27, 2003, aid or services as addressed in the Americans with require ~emeone to translate or sign~ please con[act the 3-2937, no later than two (2) days prior to the Public Naples Dai ~j Netus Fax:9412654705 COND LDO DE COLLIER, FLORIDA ENMIENI IA PARA EL P~N CONSOLIDADO-P~N DE ACOION PeR UN A~O PARA EL A~O FISCAL 2001-2002 ESTA DISPONIBLE PARA R~ISION Y COMENTARIOS POBLICOS ~ astao0 famil~, El Condado de Collier ~ st~ enmendando el Plan ConsolJdado-Plan de Accl~n'por un A~o, debido a que l. disponibllldad de los rondos del Programa de Desarrollo de la Comunidad (CDB( previamente aslgnados a un proyecto quo se ha retlrado, Consolidado-Plan de AcciOn es mquer[da "siempre queen 11o de la Comun[dad (CDBG) una actividad sea ellminada o bia de prop~slto, ~rea, Iocallzaci~n, o beneflcJarlo de una pmviamente es cambiada, resultando en la re-localizaci0n ;DBG"~ en acuerdo con el Plan Consolidado-Plan de a adoptado el 9 de enero de 2001, El Plan Consolidado ~1 DepaAamento de Vlvlenda y Desar~lto Urbane de los El CP es un documento quo es usado como gufa en el planificaci~n de las areas de la comunidad de no-vivienda -2002, Las metes del CP son: proveer vivienda decente, lento conveniente; y quo amplie las opo~unidades }ajo ingreso, bajo y las pe~onas de ingreso moderado, El :o de Fue~as para el Ciudadano (CATF} se reunite el 20 de visar las aplicaciones elegibles para los fondos de CDBG y s quo seen Incluidos en la enmtenda Plan de AcciOn per un ~e los fon~s para el a~o fiscal rue $2,087,000; ;00 hen side re-localizados, La tabla a continuacl~n del presupuesto original y del presupuesto enmendado Una enmienda del Plan el Programa de Desarrc _, a~adida, e cuando can' actlvldad quo ha estad¢ para los fondos de ( Par~icipaci0n Ciudadan -, (CP) es requerido per Estados Unldos (HUD). programa de vivienda y para el a~o fiscal 2001 - proporcionar un am~ econ0mlcas para muyl i Asesor de Oestacamen _ marcha de 2003 para r~ para proponer proyectc A~o. La asignacl0n aproximadamente $96 demuestra los cambio (proyectos propuestos) T1TULO / DE$CRIPCl6 Majores de la Infraestru Mejoras de la Infraestruc Rehabilitaci0n de Vivier Wolfe Apartments-Vivie Alumbrado de las Calle: MeJoras del Drenaje de MeJoramiento de Parqu Servicios de Empleo Te Programa Rural de Mec Servicio Juvenil de Iron Administracibn y Planif GRAN TOTAL Per[ode de Comentari, Unas copies de la snm las iibrer~as del'Corn Adrninistraci6n Flnanc Ddve, Suite 275, Napl~ personas discapacitad escdtos saran acepta( 2003. Todos los corn, Enmienda del Plan de Audiencia P0blica La ~ccibn final para ] Acci~n per un A~o p p~bl[ca en su horatio mayo de 2003, si usted necesita ayuc Personas con Dlscap lengu~je de series, del Rpr 9 2003 N DEL PROJECTO ctura-HAbitat Village tura- Affordable Housing- Immokalee des- Collier Housing Alternatives nde para necesidades especiales ~- Immokalee Agues Proveniente cie Tormentas 5s mporero icinas Recetadas okalee :aciOn de Programa CANTIDAD PRESUPUESTO ORIGINAL $600,000 $213 000 $ 47 $224 1 60 $ 48 000 $250 000 $250 000 $ 96 500 $ 6O, 000 $298,340 $2,007,000 CANTIDAD DEL PRESUESTO ENMENDADA $600,000 $213,000 $ 47,000 $224,1 60 $ 48,000 $250,000 $250,000 $106,500 $ 50,000 $298,340 ~Z.~OO7,OOO , Pt3bllco enda del Plan de Accidn per un ASo estar~n disponibles en lade de Collier como tambi&n en el Departamento de iera y Viv}anda (FAH), Iocali~ado en 3050 N, Horseshoe s, FL 34104. El CP est~ disponible en forma accesible para as de sar solicftada~. (239 213-2937.) Los comantarios per los desde el 11 de abril de 2003 haste el 12 de mayo de ;ntarios del p0blico saran considerados para preparer la ~cci6n per un Ar~o. L adopci6n de la enmienda del Plan Consolidado-Plan de r la Junta de Comisionados del County en una audiencia acjular de la Junta de Comisionado¢ del Condado el 27 de E~ especial o servicios dirigiclos per El Acre Arnericano para acidad o alguien neceulta que ~e traduzca e el uso dc >e cont~ctar a la oficina e FAH al nOmero (23g) 213-2937, no mas tarclar de dos (,?.) dl'as antes de la Auclienci~ PQblica. 9:05 P. 02 NAPLES DAILY NEWS Published Daitv Naples, FL '-4102 Swum to and scibsc~ ibed be£o: I '~ th this ~ day-_/'Apri~ 2,q03 PUBLIC NOTICE PUBLIC NOTICE PUBLIC . , COLLIER COUNTY, FLORIDA AMENDMENT To'THE CONSOUDATED PLAN ONE-YEAR ACTION PLAN ~ou~ HOUmN~ OPPORTUNITY FOR FY 2001-2002 IS AVAILABLE FOR REVIEW The F~lr Houeing ACl AND PUBLIC COMMENT prohibit, cll~rimination baaed off race,'sex, national origin, color, religion, handicap and farnlllel status. Collier County is amending the FY 2001-2002 Consolidated Plan One-Year Action Plan due to the availability of Community Development Block Grant (CDBG) funds previously allocated to a project that has been withdrawn. An amendment to the Consolidated Plan One-Year Action Plan is required "whenever a Community Development Block Grant (CDBG) program activity, is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activity previously stated is changed, resulting in a reallocation of CDBG funds," according to the Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non-housing community planning for fiscal year 2001-2002. The goals of. the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very Iow, Iow and moderate- income peraons. The Citizens Advisory Task Force (CATF) met on March 20, 2003 to review Amended Projects for.' CDBG funding and to propose projects 'to be included in the amended .One-Year Action Plan. The total funding allocation for FY 2001-2002 was $2,087,000; approximately $96,500 has been reallocated. The following table demonstrates the changes from the original budget to the amended budget (proposed projects): ORIGINAL' AMENDED PROJECT TITLE/DESCRIPTION AMOUNT AMOUNT BUDGETED BUDGETED Infrastructure .Improvements - Habitat Village $600,000 $600,000 Infrastructure Improvements- Affordable Housing -immokales $213,000 $213,000 Housing Rehabilitation - Collier Housing Alternatives $ 47,000 $ 47,000 Wolfe Apartments - Special Needs Housing $224,160 $224,160 Street Lights - Immokalee $ 48,000 $ 48,000 Storm Drainage Improvements -, Marco Island $250,000 $250,000 Park Improvements - Naple~ $250,000 $250,000 Temporary Employment Services $ 96,500 -0- Rural Prescription Medication Program $ 60,000 $106,500 ImmokaJee Youth Service -0- $ 50,000 Program Planning and Administration $298,340. $298,340 GRAND TOTAL $2,087,000 $2,087,000 Public Comment Period Copies of the amended One-Year Action Plan are available in all Collier County libraries as well as at the Financial Administration and Housing (FAH) Department, 3050 N. Horseshoe Drive, Suite 27.5, Naples; FL 34104. The CP is available in a format aocasetble to persons with disabilities upon request (239 213-2937). Written comments will be accepted from April' 11, 2003, through May 12, 2003. All comments from citizens will be considered in preparing the amended One-Year Action Plan. Publio Hemtng Final action will be the adoption of the amended Consolidated Plan One-Year Action Plan by the Board of County Commissioners at a Public hearing at the regularly scheduled BOard of County Commissioners meeting on May 27, 2003. If you require special aid or services es addressed in the Americans with Disabilities Act (ADA) or require someone to translate or sign, please contact the FAH office at (239). 213-2937, no later than two (2) days pdor to the Public Hearing date. : APLES DAILY NEWS Published Daily Naples, ffL ~4101,_' Sworn to and su'r:scribed befon tiffs 14~ daF' of Ap:i':_, 2007 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICI~ i ll ilk CONDADO DE COLLIER, FLORI ENMIENDA.PARA EL PLAN .CONSOMDADO.-PLAN DE ACClON POR UN ANO PARA EL ANO FISCAL 2001-2002 ESTA DISPONIBLE PARA REVISION Y COMENTARIOS POBLICOS EQUAL' OPPORTUNITY . El ActO de Vlvlenda Just~ rohlbe la disoflminacl6n ~da en ~, ~xo, nacl~al~, color, religion di~td~ Y estado f~lllar, El Condado de. Collier est& enmendando el Plan Consolidado-Plan de Acoi6n por un Ahoi debido a qua la disponibilidad de los fondos del Programa de Dasarrollo de la comunidad (cDBG) previamente asignados a un proyecto qua se ha retirado. Una enmienda del Plan ConsOlidado-Plan de Acci6n es requerida "siempre qua an. a de Desarrollo de la Comunidad (CDBG) una actividad sea eliminada o el_Program ..... ;- - ..... ~-ito ~rea- Iocalizaci6n, o. beneficiario de una anadida, o cuanao ~amu,- u~ ~,,.,~,,,,- , .' actividad qua ha estado previamente es cambiada, resuitando en la re-localizaci6n para los fondos de CDBG", en acuerdo con el Plan Consolidado-Plan de ParticipaCi6n Ciudadana adoptado el 9 de enero de 2001. El Plan Consolidado (CP) es requerido Por el Departamento de ViVienda y Desarrollo Urbano de los EstadOS Unidos (HUD). El CP es un documento qua es usado como guia an el prograrna de vivienda y planfficaci6n de las ~ de la comunidad de no-vivienda el afio fiscal 2001-2002. Las metas del CP son: proveer Vivienda decente, proporcionar un ambients conveniente; Y qua amplie las' oportUnidades econbmicas para muy bajo ingraso, bajo y las personas de ingreso moderado. El Asasor de Destacamento de Fuer-zas para el Ciudadano (CATF) se reunir~ el 20 de marcha de 2003 para revisar las aplicacionas elegibles para los fondos de CDBG y proponer proyectos qua sean incluidos en la enmienda Plan de Acci6n por un Afio. La asignaci0n de los fondos para el afio fiscal fue $2,087,000; aprOximadamente $96,500 han sido re-locelizados.' La tabla a continuaci6n demuestra los cambios del presupuesto original Y del presupuesto enmendado (proyectOs propuestos). CANTiDAD OANTIDAD DEL PRESUPUESTO pREEUES'I'O TITULO / DESCRIPCION DEL PROJECTO ORIGINAL ENMENDADA Majores de la Infraastructura'Hibitat Village Mejoras'de la Infraestructura- Affordable Housing- Immokalee Rehabilitacibn de Viviendas- Collier HOusing Alternatives Wolfe Apartments-Vivienda para necesidades aspecialas Alumbrado de las Caries- Immokalee Mejoras del Drenaje.de Aguas Proveniente de Tormentas Mejoramiento de Parques Servicios de Empleo Temporero Programa Rural de Medicinas Recetadas Servicio Juvenil de Immokalee Administracibn Y Planificacibn de Programa ORAN TOTAL $600,000 $6OO,0O0 $213,000 $213,000 $ 47,000 $ 47,000 $224,160 $224,160 $ 48,000 $ 48,000 $250,000 $250,000' $250,000 $250,000 $ 96,500' -0- $ 60,000 $106~500 -0- $ 5O,0O0 $298,340 $298,340 $2,087,000 $2,087,000 Perfodo de Comentario P,',blico Unas coplas de la enmienda del Plan de Acci6n por un Afio estaran disponibles en las librerias del Condado de Collier como tambi~n en el Departamento de Administraci6n Financiera Y Vivienda (FAH), Iocal'izado en 3050 N. Horseshoe Drive, Suite 275, Naples, FL 34104. El CP est~ dla~°°nible en forma acceelble para personas dt$capacitadas de sar anllcitadas (239 213-2937.) Los comantarios' por escrltos saran aceptados deeds el 1'1 de abril de 2003 hasta el 12 de mayo de 2003. Todos los comentarioe de/pQblico ser~n considerados para preparer ia Enmienda del Plan de Acci6n por un Afio. Audlencla P6blica La accibn final para la adOpci~n de la enmienda del Plan Consolidado-Plan de Accibn por un Afio por la Junta de Comisionados del County en una audiencia .pQblica en su horatio regular de la Junta de Comielonados del Condado el 27 d~ mayo de 2003.. Si usted necasita ayuda especial o servicios diflgidos por El Acto Americano pan personas con DiscapaCidad o alguien neceelta que se traduzca o. el uso d~ ' lenguaje de sefias, debe contactar a la oficina · FAH al n~mero (239) 213-2937, n( mas tardar de dos (2) dias antes de la Audiencia P~blica. mmokalee P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida · County of Hendry Collier County Hous ng I hereby certify that a Collier County Amendment to Consolidation Plan legal ad was placed in the Immokalee Bulletin Apd110, 2003 .k~'~My ~ CC867472 °.,,~"~'~1~;, Expires August 30, 2003 Notary Public Linda Jo Coombs. #CC 867472 ~~A~}'5~ r-~ (D ~ate i EQUAL HOUSJNG OP. PORTUNITY The Fair Ho~sing Act pro- hibits discrimination based on race, sex,'na~onal odgin, color, religion, handicap and familial status, COLLIER COUNTY,, FLORIDA AMENDMENT TO THE CONSOLIDATED PLAN ONE-YEAR ACTION PLAN FOR FY 2001-2002 IS AVAILABLE FOR REVIEW AND PUBLIC COMMENT Collier County is amending the FY 2001-2002 Consolidated Plan One-Year Action Plan due to the availability of Community Development Block Grant (CDBG) fuhds previously allocat- ed to a project that has been withdrawn. An amendment to the Consolidated Plan One-Year Action Plan is required "whenever a Community Development Block Grant '{CDBG) program activity is deleted or added, or when a change in purpose, scope, location, or beneficiary of an activit3t previously stated is changed, resulting in a reallocation of CDBG funds." accord- lng to the Consolidated Plan Citizen Participation Plan adopted on January 9, 2001. The Consolidated Plan {CP) is required by the U.S. Department 'of Housing and Urban. Development (HUD). The CP ls a docqment, which is used to guide he,using programs and non-housing community planning for fiscal year 2001-2002. The goals of the CP are to: pro- vide decent housing; provide a suitable living environment; and expand economic opportu- nities for very low, low and moderate-income persons. The Citizens Advisory Task Force (CATF) met on March 20, 2003 to review Amended Projects for CDBG funding and to pro- pose projects to be included in the amended One-Year Action Plan. The total funding alloca- tion for FY 2001-2002 was $2,087,000; approximately $96,500 has been reallocated. The fol- lowing table demonstrates the changes from the original budget to the amended budget (pro- posed projects): Public Comment Period Copies of the amended One-Year Action Plan are available in all Collier County libraries as well as at the Financial Administration and Housing (FAH) Department, 3050 N. Horseshoe Drive, Suite 275. Naples. FL 34104. The CP is available in a format accessible to persons with disabilities upon request {239 213-2937). Written comments will be accepted from April 11. 2003. through May 12. 2003. Ali comments from citizens will be considered in prepar- ing the amended One-Year Action Plan. Public Hearing Final action will be the adoption of the amended Consolidated Plan One-Year Action Plan by the Board of Coun[y Commissioners at a Public hearing at the regularly scheduled Board of Cm;,nty COmmissioners meenng on May 27. 2003. If you require special aid or services as addressed In the Americans with Disabilities Act (ADA) or require someone to translate or sign. please contact the FAH office at (239) 213- 2937, no later than two {2) days prior to the Public Hearing date. EQUAL HOUSING OPPORTUNITY El acto de Vivienda Justa pro- hibe la disaiminaci6n bs,~de en mz~; sexo, n,~cioneJid~, color, religi6n, disc~l~c~l y ~tado f~mili~r. CONDADO DE COLLIER, FLORiDA ENMIENDA PARA EL PLAN CONSOLIDADO-PLAN DE ACCION POR UN AI~IO PARA EL AI~IO FISCAL 2001-2002 ESTA DISPONIBLE PARA REVISION Y COMENTARIOS PUBLICOS El Condado de Collier est/t enmendando el Plan Cons011dado-Plan de Accl6n por un Aflo, debido a que la disP°nibflidad de los fondos del Prograrna de Desarrollo de la Comunidad (CDBG) prevlamente asignadosa un proyecto que se ha retirado, Una enmlenda del Plan Consolidado-Plan de Accl0n' es requerida "siempre queen el Programa de Desarrollo de la Comunldad (CDBG) una actiVldad sea ellminada o anadlda; o cuando cambia de prop6sito, ·rea, localizacibn, o beneflciario de una actividad que ha estado previamente es cambiada, resultando en la re-localizaci0n para los fondos de CDBG", en acuerdo con el Plan ConS°lidado-Plan de P, articipacl0n Cludadana adopt, ado el 9 de enero de .2001. E1 Plan ' Consolidado (CP) es requerldo por el Departamento de Vivienda y Desarrol!o Urban0 de los Estados Unldos (HUD). El CP es un documento que es usado como gula en el programa de vivlenda y planfficacl6n de las/u'eas' de la comunidad de no-vivienda para el aflo fiscal 2001 2002. Las metas del CP son: proveer vivtenda decente, proporcionar un ambiente conve- niente; y que amplie las oportunidades econ6micas para muy baJo ingreso, baJo y las per- somas de lngreso moderado. E1 Asesor de Destacamento de Fuerzas para el Ciudadano (CATF) se reunlr/~ el 20 de marcha de 2003 para revisar las aplicaciones elegibles para los' fondos 'de CDBG y para proponer proyectos .que sean lncluldos en la enmlenda Plan de Acci0n por un Aflo. La aslgnaci0n de los fondos para el aflo fiscal rue $2,087,000; aproxi- madamente $96,500 han sido re-localtzados. La tabla a continuaci/~n demuestra los cambios del presupuest° original 'y del presupuesto enmendado (proyectos propuestos). Periodo de Comentario Prablico Unas copias de la enmienda del Plan de Accff)n por un Aho estar~n disponlbles en las libr- erfas del Condado de Collie~ como tambidn en el Departamento de Administraci6n Financlera y Vivienda (FAH), localtzado en 3050 N. Horseshoe, Drive, Suite 275, Naples, FL 34104. E1 CP est~ disponible en forma accesible para personas discapacitadas de ser solic- ltadas (239 213-2937.) Los comentarios por 'escritos serhn aceptados desde el 11 de abrfl de 2003 hasta el 12 de mayo de 2003. Todos los comentarios del pf~blico serfln considerados para preparar Ia Enmienda del Plan de Acci0n por un A/ao. Audtencia l~b, lien La acci0n final para la adopci0n de la enmienda del Plan Consolidado-Plan de Accidn por un Aflo por la Junta de Comtsionados del County en una audiencia pilblica en su horarJo reg- ular de la Junta de Comisionados del Condado el 27 de mayo de 2003. SI usted necesita ayuda especial o servicioS dirlgidos por E1 Acto Americar). o para Personas con Dlscapacldad o alguien necesita que se traduzca o el uso de lenguaje de seflas, debe con- tactar ala oflctna e FAH al nfimero {239) 213-2937, no mag tardar de dos (2) dias antes de la Audiencla Pfiblica. Memorandum 17A To: From: Oate: Subject: Re: Maureen Kenyon, Supervisor Clerk of Courts - Minutes and Records, i~ii~Id211,3HUD Grant Coordinato~ Subrecipient Agreement CDBG FY 2002-2003 - F,, =~ ,-,oo,-,,,,,, ...... - .... Attached please find the original subrecipient agreement between Collier County and the Empowerment Alliance of southwest Florida Community Oevelopment Corporation (ESAF) for the Immokalee Summer Youth Work Program. The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (COBG) program, administered by the Financial Administration and Housing Department (FAH) is providing $50,000 in funding. The BCC approved the item, included in the Collier County Second Amended Consolidated Plan One-Year Action Plan FY 2001-2002 as approved by the BCC on May 27, 2003 (Item 17A). Please call me at 403-2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Robert George, Purchasing Agent - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-01-UC-12-0016 THIS AGREEMENT, is entered into this 4'//9 day of..Y'~ , 200~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street, Immokalee, FL 34142 and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require l~hysical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2001-2002 Consolidated One-Year Action Plan (2nd Amendment) was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 1 of 22 WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan (2nd Amendment) for Federal Fiscal Year 2001-2002 for the CDBG Program by Resolution on May 27, 2003, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan (2nd Amendment) for Federal Fiscal Year 2001-2002 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (8) "County" means Collier County, and where applicable, its attthorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION." "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 2 of 22 Il. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-01-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to September 30, 2003. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed FIFTY THOUSAND AND NO/00 DOLLARS ($50,000) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBREC1PIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 3 of 22 No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. o 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. o 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 4 of 22 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 5 of 22 17A 29. 30. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBREC1PIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 6 of 22 17A F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 7 of 22 SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officei's, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIP-IENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 8 of 22 VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 9 of 22 17A E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 10 of 22 17A H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIP1ENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBREC1PIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 11 of 22 I?A this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Do EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Fo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 12 of 22 ! 7A: DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. Xo Ho CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ° If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101. shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 13 of 22 Clean Air Act, 41 U.S.C., 7401, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may bc obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 14 of 22 XII. XIII. 17A REVERSION OF ASSETS Upon expiration of the Agreement, the SUBREC[P1ENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 15 of 22 WITNESS our Hands and Seals on this qg-/~ day of.-/~ , 20 O9 (SUBRECIPIENT SEAL) EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY,DEVELOPMENT CORPORATION Edward R. Olesky,TYtmit~an Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA q~EPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 16 of 22 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROGRAM DESCRIPTION: The subrecipient will utilize funding to operate an eight-week summer employment program (Summer Employment Program for Youth) in Immokalee. The program will serve approximately twenty (20) teenagers between the ages of 14 and 19. The youth will be employed in non-profit organizations and government agencies. A variety of training sessions will be held and will cover a wide range of employability and life skills topics. Administration of the program shall be facilitated by a sub-contractor or the hiring of a part-time Coordinator. The program administrator will establish the policies and procedures for the operation/responsibilities of student participants and employers. B. PROJECT SCOPE: Applicant Selection: 1. Students must be between the ages of 14 and 19. 2. The anticipated annual household income of the student shall be verified and not exceed the income limits as mandated by the U. S. Department of Housing and Urban Development. Wages: 1. Students shall be compensated at a rate equal to or above the minimum wage. 2. The SUBRECIPIENT shall be responsible for the compensation process and State & Federal payroll, tax return compliance. Employer Responsibilities: 1. Non-profit organization and government agency employers shall assign a supervisor to each student participant. 2. The employer shall submit attendance report. 3. The employer shall allow student participants to attend SUBRECIPIENT workshops/training sessions. 4. The employer shall comply with State and Federal Child Labor Laws, if applicable. Program Administrator/Coordinator 1. Coordinator shall process applications, determine eligibility, and assign student participants to employers. 2. Coordinator shall process timesheets for reimbursement. 3. Coordinator shall develop workshops/training sessions. 4. Coordinator shall submit a monthly report by the l0th day of the month following the reporting month. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 17 of 22 17A The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: CDBG Funds Wages $40,000 Accounting Expenses $2,000 Educational Excursion $2,000 Program Administration $6,000 Total $50,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. E. WORK SCHEDULE: The time frame for completion of the outlined activities September 30, 2003. Fo REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. The reports shall be submitted by the l0th day of the month following the reported month. EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 18 of 22 17A EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION Ih STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA Page 19 of 22 EXHIBIT "C" 17A CDBG MONTHLY PROGRESS REPORT Com£1ete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Activity Number Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Page 20 of 22 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits "households" or "persons"). households or persons. Please circle one category (either Enter the number of beneficiaries in the blank space and in box INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1 FEMALE HEAD OF HOUSEHOLD This project assisted this number in box "5". Female Head of Households REGARDLESS of income. Enter BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Headed Household Households or Persons Low lncmne Low lncome (51-80%) Assisted (0-30%) (31-50%) Page 21 of 22 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicit¥ Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Page 22 of 22 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: Petition No. (If none, give brief description): PUDZ-2002-AR-3245, BAY FOREST PUD Petitioner: (Name & Address): Richard Yovanovich, Goodlctte, Coleman & Johnson, P.A., 4001 Tamiami Trail, Ste 300, Naples, FL 34013 Name & Address of any person(s) to be notified by Clerk's Office: Bay forest Homeowner's Association, Inc., 377 Bay Forest Drive, Naples, FL 34110 Hearing before [] BCC ri BZA [] Other Requested Hearing date: May 27, 2003, based on advertisement appearing 15 days before bearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ri: Other [] Legally Required Proposed Text: (Include legal description & common location & Size: pUDZ-2002-AR-3245, Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A.i representing Bay Forest Homeowner's Association, Inc., requesting an amendment to the Bay Forest PUD for the purpose of revising the language under Permitted Accessory Uses and SIructures to state "Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outside of the project shall be permitted," for property located at 377 Bay Forest Drive, Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 14lc acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what accoUht should be charged for advertising costs: 113-138312-649110 (~j,,ewed by: Depm~m~ Head List Attachments: Approved by: Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~.L~.nn- Date Received: ! 7-/) 3 Date of Public hearing: ~ Date Adve~: '~'* ! [" ~] 3 ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 81-7, AS AMENDED, THE BAY FOREST PUD, BY PROVIDING FOR: SECTION ONE AMENDMENTS TO SECTION .04, PERMITTED ACCESSORY USES AND STRUCTURES, AND SECTION TWO PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1981, the Board of County Commissioners approved Ordinance Number 81-7, which established the Bay Forest Planned Unit Development; and Whereas, on November 22, 1988, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 88-91, which amended Ordinance 81-7; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO PERMITTED ACCESSORY USES AND STRUCTURES SECTION OF THE BAY FOREST PUD Subsection .04, Permitted Accessory Uses and Structures, of Ordinance Number 81-7, as amended, the Bay Forest Planned Unit Development is hereby amended to read as follows: .04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures which are customary in multi-family neighborhoods; administrative and sales offices ~"~:-~ a, .... :~ ,..:.,, ~,,,~ ...... e .... v--,J .......... ~edod, which offices may · .l,h~ ~, .......... · .... , ..... · .... V""*'J USgS within ........ .............. t, .... .~ ..........or may be * recreational structures; signs as permitted by Section 2.5 8-_34- of the Collier County · ~:~ Or~!nance Land Development Code. Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outside of the project shall be permitted. Words :t:'::c!: !~:'~uF, L are deleted; words underlined are added. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjor~)M. Student Assistant County Attorney g/admin/Pefition/PUDZ-2002-AR-3245/RB/lo (located in word file) same petition number Words :'..":::k '.~rou~,~ are deleted; words underlined are added. April 17, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2002-AR-3245, BAY FOREST PUD Dear Georgia: Please advertise the above referenced notice on Sunday, May 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 27, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 81-7, AS AMENDED, THE BAY FOREST PUD, BY PROVIDING FOR: SECTION ONE AMENDMENTS TO SECTION .04, PERMITTED ACCESSORY USES AND STRUCTURES, AND SECTION TWO PROVIDING FOR AN EFFECTIVE DATE. Petition PUDZ-2002-AR-3245, Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., representing Bay Forest Homeowner's Association, Inc., requesting an amendment to the Bay Forest PUD for the purpose of revising the language under Permitted Accessory Uses and Structures to state "Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outside of the project shall be permitted," for property located at 377 Bay Forest Drive, Section 8, Township 48 South, Range 25 East, Collier County, Florida, consisting of 141+/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTEs All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 17C record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk ( SEAL ) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101-3044 17C CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS April 17, 2003 Richard Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail Suite 300 Naples, FL 34013 Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3245, Bay Forest PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 27, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 11, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS April 17, 2003 Bay Forest Homeowner's Assoc.,Inc. 377 Bay Forest Drive Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3245, Bay Forest PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 27, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 11, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:PUDZ-2002-AR-3245 re: PUDZ-2002-AR-3245, BAY FOREST PUD TO BE ADVER'I'ZSED SUNDAY, MAY Il, 2003 THANKS! PUDZ-2002-AR-324 PUDZ-2002-AR-324 5.doc 5.doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Friday, April 18, 2003 9:00 AM Teri Michaels Delivery Status Notification (Relay) A'1-F368539.txL ATTN:GEORGTA RE: PUDZ-2002-AR-3... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@napiesnews.com] Friday, April 18, 2003 8:58 AM Teri Michaels Delivered: ATTN:GEORGIA RE:PUDZ-2002-AR-3245 A-FFN :GEORGIA RE: PUDZ-2002-AR-3... ~ATTN:GEORGIA RE:PUDZ-2002-AR-3245~> Your message To: legals@naplesnews.com Subject: ATTN:GEORGIA RE:PUbZ-2002-AR-3245 Sent: Fri,/.8 Apr 2003 09:00:07-0400 was delivered to the following recipient(s): legals on Fri, 18 Apr 2003 08:58:17 -0400 ^ A 0 V V C > NapLes DaiLy News NapLes, FL 3~I02 Affidavit of Publication Naples Daily News BOARD OF COUNTY CONHISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58656366 1131383126~9 NOTICE OF ZNTENT TO State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the NapLes DaiLy News, a daily newspaper published at NapLes, in ColLier County, FLorida: that the attached copy of advertising vas published in said nevspaper on dates Listed. Affiant further says that the said NapLes DaiLy Nevs is a newspaper pubLished at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously pubLished in said CoLlier County, FLorida, each day and has been entered es second cLass maiL matter at the post office in NapLes, in said CoLlier County, Florida, for a period of I year next preceding the first pubLication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLZSHED Off: O5/11 AD SPACE: 141.000 INCH FILED ON: 05/12/03 Any pe~. w.ho..dgcldes. to appeal a aeclslon oT cord of the pe~ceeame pertaining thereto in therefore, may need t ensure that a verbatl~ record of the procee( ngs is made, which r~ cord Includes the test mony and evident upon w. hlch the appe is oases. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIR MAN DWIGHT 'E. BROCK, CLERK By: /s/Terl Michaels Deputy C~rk (SEAL) May 11 NO. 14ae~ Signature of Affiant Sworn to and Subscribed~,.~bti~re Perso~LLy k~un by ~ ' ~Y ~o~ Donna Ch~n~ ' ~ · My Commission D~3~ ~, ~-- Expires Seplem~r 11. 2005 , NOTICE OF iNTENT TO CONSIDER ORDINANCE Notice 'is hereby giver ~et on TUESDAY, Mai 27, 2003, in the Beard. room, 3rd FIoor, Admln istratton Building, Col Iler County Governmen Center, 330! East Tamla mi Trail, Naples, Florida the Board of' Count' COmmlseioners will con sider the enactment of. County Ordinance. Th meeting will commence at 9:00 A.M. The title of the p_roposed Ordinance Is as follows: AN ORDINANCE AMEND' lNG ORDINANCE NUM' BER 81-7 AS AMENDED THE BAY FOREST PUD, BY PROVIDING FOR: SEC- TION ONE AMENDMENTS TO SECTION ,04, PERMIT' TED ACCESSORY *USES AND STRUCTURES, AND SECTION TWO PROVID' lNG FOR AN EFFECTIVE DATE. Petition PUDZ-2002-AR- 3245, Richard D. Yovano- rich, of GoodJette, Cole- man & Johnson, P.A., representing Bay i~orest lion. inc.. requeStl-n~ a~ amendmentto the Ba~ Forest.PUD for t.h.e pur. pose or rey. is n.g me lan. guage under Permlttec Accessory Uses and Structures to sta. te..'A.ny sales office snal! De ' Imlted to the resale of residential units wlthl~ the pro~e, ct.~. d no sale. s of any KInG tor prop.er~y o.utslde of the proiect snarl be permitted." fo~ property located at 377 Bay Forest Drive, Sec- tion 8, Township 48 South, Range 25 East. Coil er County, Florida. consisting of acres. Copies of the proposec Ordinance are on fll~ with the Clerk to th~ Board and are avsllabh for Inspec~o. n. All. In.t. er: sated i3arttes are invftea to attend and be heard. NOTE: All persons wish. lng to speak on any agenda item _must.regis.. tar with the county aa. ministrator orJor to pre. sentation of the agend~ item to be addressed Individual speakers wii be limited to Ii ml~ute~ on any Item The selec lion of an ndlvldual b speak on beha f of a, organization or group i encouraged. If recog nlzed by the Chairman. a spokesperson for group or .organization My t~e ahott~,d. 10 m~ utes to speak on Persons wish. ng to I~ve wr tten or graphic materials Included the .Board agenda pac.k:l ets must submit saiD/ material a minimum of 3| weeks prior to.the re-| spectlve public nearing. I shill be submitted tc the ~roj~ate C.ount~ en days I~_ Ior to tn< terla! u~ed Lions before the Boar( will beco~m.e a perma- nent part of tile record. 17C ORDINANCE NO. 03- 2 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 81-7, AS AMENDED, THE BAY FOREST PUD, BY PROVIDING FOR: SECTION ONE AMENDMENTS TO SECTION .04, PERMITTED ACCESSORY USES AND STRUCTURES AND SECTION .14C, PERMITTED USES FOR LOTS 1, 2, 14, 15, 16, 17 AND 18, AND SECTION TWO PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1981, the Board of County Commissioners approved Ordinance Number 81-7, which established the Bay Forest Planned Unit Development; and Whereas, on November 22, 1988, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 88-91, which amended Ordinance 81-7; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO PERMITTED ACCESSORY USES AND STRUCTURES SECTION OF THE BAY FOREST PUD Subsection .04, Permitted Accessory Uses and Structures and Subsection .14 (C), Permitted uses for Lots 1, 2, 14, 15, 16, 17 and 18, of Ordinance Number 81-7, as amended, the Bay Forest PUD are hereby amended to read as follows: .04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures which are customary in multi-family neighborhoods; administrative and sales offices during *'- .... v ..... , which offices may .... t~apor~5~ses- ithi ............ v,~-,-~ may be w n recreational structures; signs as permitted by Section 2.5 8.2[ of the Collier County ?~:~ r~,: ..... Land Development Code. Any sales office shall be limited to the resale of residential units within the project and no sales of any kind for property outsid,, of the project shall be permitted. .14 C. Recreational facilities including swimming pools, tennis courts, boat docks and similar kinds of leisure activities, maintenance facilities, storage facilities for residents only, sales offices during **- .... :~. ~u .... v...a .......... petit, d, and other kinds of accessory uses typically associated with single and multi-family dwelling units. Words strue!: t~.-m:gh are deleted; words .u, nderlined are added. SECTION TWO: EFFECTWE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ._~ ,,/u~.._ day of ./~ C~._~ 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~--"~ ' TOM Ht~NNIN~ Assistant County Attorney g/admin/Petition/PUDZ-2002-AR-3245/RB/lo (located in word file) same petition number Words st~ac!: t~rc. ugh are deleted; words underlined are added. 170 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoin9 is a true copy of: ORDINANCE NO. 2003-24 Which was adopted by the Board of County Commissioners on the 27th day of May, 2003, durin9 Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day Of May, 2003. DWIGHT E. BROCK Clerk of.Courts and Clerk Ex-offlc~.~ ~ard of COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17E To: Clerk to the Board: Please place the following as a: Other: (Display Adv., location, etc.) ~egal Advertisement '~ OriginatingDep~Div: Co~.Dev. Serv.~lanning Person: H~r~are~ Wuers~e Date: ~il~i~ Petition No. (If none, give brief description): Interlocal A~eement between the Collier County Bo~d of County Co~ssioners and ~e Collier County School Bo~d. Petitioner: (Name & Address): Att: Margaret Wuerstle, AICP, Planning Services Director, Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before Bce XXX $/27/03 Requested Hearing date: Newspaper(s) to be used: (Complete only if important): BZA Other Based on advertisement appearing 1...q0 days before hearing. XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: [] Legally Required Approved by: ~/~eviewed by:~ .--. //..~/ ~)i~isi~,~~ I ~ ' ~ ' County Manager Date DISTRIBU~ON ~STRUCTIONS A. For hearings before BCC or BZA: Initiating pe~on to complete one coy and obtain Div~ion Head approval ~fore submitting to County Manager. Note: If legal document ~ involved, be sure that any nec~sa~ legal review, or requ~t for ~me, is sub~tted to County Attorney before sub~tting to County Manager. The Manager's o~ce will distribute copies: ~ County Manager agenda file: to ~ Requesting Division ~ Original Clerk's O~ce B. Other hearings: Initiating Division head to approve and sub~t original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received:~ Date of Public hearing: 5' ~' 0~ Date Adve~ised: ~~ 113-138312-649110 Does Petition Fee include advertising cost? XX Yes [] No If Yes, what account should be charged for advertising costs: INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS 17[ INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLUDING THE CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEVELOPMENT REGULATIONS THIS AGREEMENT made by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and the Collier County School Board, a public agency of the State of Florida, hereinafter (referred to as the "School Board"), together the "Parties". WHEREAS, the County and the School Board have established and maintained a cooperative and productive relationship with regard to the exchange of information on matters of mutual interest including, but not limited to, the coordination of planning efforts to ensure that support services are available for public educational facilities in the unincorporated area of Collier County; and WHEREAS, Section 1013.33(1), Florida Statutes (2002), sets forth the policy of the State with regard to the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, in order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate information related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and infrastructure required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County and School Board have shared such information for numerous years and continue to share such information so that each entity can assist the other in reaching its goals and objectives; and WHEREAS, Section 1013.33(11), Florida Statutes, sets forth the policy of the State with regard to an expedited review process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Agreement details a consistency review process; and WHEREAS, Section 1013.33(12), Florida Statutes, sets forth the policy of the State with regard to an expedited review process and any development review shall not exceed 90 days, and where this Agreement details a School Board Review process; and WHEREAS, Section 1013.33(13), Florida Statutes, provides that a local governing body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses. The local government may not deny the application but it may impose reasonable development standards and conditions in accordance with .+. Section 1013.51(1) and consider the site plan and its adequacy as its relates to DRAFT dw/5-7-03 environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed to; and WHEREAS, Section 1013.33(14), Florida Statutes, authorizes the School Board and the County to establish, by agreement, an alternative process for reviewing a proposed Educational Plant or Ancillary Plant facility :;:,re plan, including the identification of off-site impacts of a proposed Educational Plant or Ancillary Plant facility, and where this Agreement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship regarding the exchange of information relating to planning efforts and public facilities. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the parties hereby agree as follows: 1. The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, Chapter 1013, Florida Statutes, and terms used herein shall have the meaning set forth in such legislation. Specifically, the following terms as used in this Agreement shall be defined as follows: ao "Adjacent" means lying near or adjoining. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program. Co eo "Auxiliary Facility" means the spaces located at educational plants which are not designed for student occupant stations. "Compatibility Review" means a review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time development orders are requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. "Consistency Review" means a review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan as provided for in this Agreement. 2 DRAFT dw/5-7-03 17£ fo go ho ko "County's implementing land development regulations" means the Collier County Land Development Code, including the zoning regulations and development regulations contained and referenced therein. "Educational Facilities" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. "Locational Criteria" means the land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. "School Board Review" ("SBR") means the site development plan review process for School Board projects as outlined in this Interlocal Agreement pursuant to Sections 5 and 6 of this Agreement. "State Requirements for Educational Facilities" ("SREF") means the Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. "1996 Interlocal Agreement" means the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official records Book 2207, pages 1729 et seq., which bears an effective date of June 25, 1996. The Growth Management Plan's Future Land Use Element (FLUE), Golden Gate Area Master Plan Element (GGAMP) and Immokalee Area Master Plan Element (IAMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants within Collier County. A. Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19, 2002, Collier County will initiate and consider at duly advertised public hearings, amendments to the FLUE, GGAMP, and IAMP, and the LDC, to allow all future Educational Plants and Ancillary Plants in zoning districts as follows: (1) Ancillary plants will be permitted by right in the General Commercial (C-4); Heavy Commercial (C-5); and Industrial (I) Zoning Districts. (2) Ancillary plants will be prohibited in the RSF-1 through RSF-6, Residential Single Family; Mobile Home (MH); Travel Trailer-Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (CON) Zoning Districts. DRAFT dw/5-7-03 17 £ (3) (4) (5) Ancillary plants will be permitted by conditional use approval in all other Zoning Districts. Educational plants will be prohibited in Residential Tourist (RT); Golf Course (GC); Conservation(CON); Travel Trailer-Recreational Vehicle Campground(TTRVC); Business Park (BP); and Industrial (I) Zoning Districts. Educational plants will be permitted by right in all other zoning districts. Provided further, however, that for a high school facility to be located in any residential zoning district (RSF, RMF, MH, VR, Village Residential) or any residential component of a PUD, a formal Compatibility Review and determination will be required. In the event that the County denies an application based on the Compatibility Review set forth in Section 5(B) of this Agreement, the School District may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of this Agreement. The parties recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 4- 2_ of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted principal use. To assist in increasing the number of PUDs that may permit Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting provision of Section 2.7.3.4 of the LDC, consider the appropriateness of adding Educational Plants and Ancillary Plants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a permitted principal use within any new PUD, during the PUD rezone application process. Furthermore, Collier County will initiate and consider amendments to the LDC at duly advertised public hearings that will limit the review of any such PUD amendment for the sole purpose of adding Educational Plants and Ancillary Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further right by the County to review other issues or change other sections of the PUD Documents. C. Educational Plants or Ancillary Plants, whether permitted as a principal use within a PUD or in a conventional zoning district or by way of conditional use approval, will be subject to the $c!:',~.! ~o"'~'d Re'Aew SBR process pursuant to Sections 5 and 6 of this Agreement. Do Existing Educational Plants and Ancillary Plants. (1) Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or IAMP, as applicable. All existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Agreement (Site E: Sabal Palm, Golden Gate Intermediate Center-South, Golden Gate Intermediate Center- North, and Golden Gate High School) will be identified on the Future Land Use Map or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the Future Land Use Map (FLUM) is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, or to proceed with the construction of any facilities. 4 Existing (1) a) b) DRAFT aw'5-7-031 7E On-site expansions shall be subject to the procedures established in Section 6.G.(2)??? 5.D of this Agreement. [Ashley has it] Expansions beyond the boundaries of the existing sites as demonstrated by the legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. Undeveloped Sites Acquired by the School District for Educational Plants. In order to meet future needs and maximize the use of the public's tax dollars and to comply with the legislative mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants; and Ancillary Plants, and auxiliary facilities. With the exception as noted in o), PI and q) below~ for the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locational criteria of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once locational consistency has been determined for sites delineated in subsections o), P! and q) below, GMP amendments will be proposed to include these sites on the FLUM. The sites are as follows: a) Intermediate Center South-44th Terrace S.W., proposed elementary school b) Intermediate Center North-50th Terrace S.W., proposed elementary school c) Intermediate Center on Hunter Blvd., proposed elementary school d) School Site G - Golden Gate Commerce Park PUD, proposed elementary school e) School Site I - future E/W Livingston Road, proposed elementary/middle school 0 School Site M - Lely Resort PUD, proposed elementary/middle school g) Livingston Road School Site, East side of Livingston Road, proposed elementary/middle school h) Rattlesnake Hammock Road Site - adjacent to South County bus compound, proposed transportation facility i) School Site BB - west side of Livingston Road, proposed middle school j) School Site E - 18~' Avenue N.E., proposed elementary/middle school k) School Site F - SW comer of Everglades Blvd. and 60th Avenue N.E., proposed elementary/middle school 1) School Site J - N.W. comer of Everglades Blvd. and 12th Avenue S.E., proposed elementary/middle school m) School Site EE - 18a Avenue N.E., proposed elementary/middle school n) School Site BBB - Oil Well Road, Orange Tree PUD, proposed elementary/middle/high school or transportation facility o) School Site H and CC - Blue Sage Drive, proposed elementary/middle school (see ....... ' ..... t~ subsection 3. E. (2) below) p) School Site L and EEE - north of 13a Street N.W., proposed elementary/middle/high school and transportation facility (see paragraph subsection 3.E.(2) below) q) School Site DD and DDD - south of 20th Street S.E., proposed el mentary/middle/high school: ~ ..................,,.~L, :*~';" *~' ......... ~ r~ .... ~ ~ (see paragrapl~ subsection 3.E.(2) below) r) Immokalee School Site - north side of Lake Trafford Road, proposed elementary/middle schools DRAFT dw/5-7-03 I 7~E $) Immokalee Maintenance and Transportation Satellite - State Road 29, proposed transportation facility. (2) Sites delineated in Subsections E.(1) o~, PZ and q) above of this Agreement ........ ~ .... .~ .......... ; ...... ~ ~,,, ,,.~... c..~..~ r~:o+~: .... """~ are within the Rur~ Fringe Area, an area subject to the Final Order No. AC-99-002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida sitting as the Ad~nistration Com~ssion. ~rsuant to the Final Order, amendments to the GMP were adopted on June 19, 2002, including the Rural Fringe Mixed Use District. These amendments were subsequently found to be "in compliance" by the Florida Dep~ment of Community Affairs, but two Challenges were filed to that compliance finding. Accordingly, those amendments are not yet in effect. This affects the consistency deter~nation for those three sites. Also, the sites delineated in Subsection E.(1) o)aboa~ of this Agreement, designated Rural Fringe Neutral Lands, are in an area that is subject to a specific requirement for performance of a Red-cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use designation, thereby affecting the consistency determination for those sites. Furthermore, sites delineated in subsection E.(I) q~l '~:bo, ve of this ~greement are partially in the Rural Fringe Neutral Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for ;~n m~ area fer ':,'~ic~ submittal of environmental data to demonstrate the appropriateness of a land use designation change ~. This could potentially result in a land use designation change for the Sending Lands thereby affecting the consistency determination for those sites. (3) The parties acknowledge that due to the changes in the population figures and legislation, certain of the above sites may be designated for other purposes if consistent with all elements of the GMP, , , and the LDC~ in effect at the time dcvelv,?rn..cnt v, rd~,~r:: a SBR review is requested. (4) If consistent with locational criteria in the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, or within a PUD that allows educational plants as a permitted principal use, then the educational plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. For sites within the Rural Fringe Area designated as Neutral Lands, the site area and school size shall be subject to the General Education Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. All such sites must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (--5-) If consistent with locational criteria in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow educational plants as a permitted principal use, then the educational plant shall only be allowed if an amendment to the PUD is adopted by the BCC at a duly advertised public hearing to make the Educational Plant a permitted principal use. Such a PUD 6 DRAFT dw/5-7 -03 l 7£ (6) amendment shall be initiated by the Collier County School Board at its ........... I C~ll;~ t~ ..... expense, e..~..,...-.,,.-,., ........... h p, rr, ........ ~ ..... * -m- ...... , For part of the sites delineated in subsection E.(I) q) above which is in the Sending area of the Rural Fringe which is not consistent with locational criteria in the FLUE, GGAMP or IAMP, or for the sites delineated in subsections E.(I) o), p) and q) above of this Agreement in the Rural Fringe area whose consistency with the locational criteria changes based upon subsection E.(2) above of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMP amendment must also include an amendment to add the site to Fo the FLUM or Map Series. Additionally, any such site must be located within a zoning district that allows the educational plant as a permitted principal use. Otherwise, a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or Board of Zoning Appeals (BZA) at a duly advertised public hearing and remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board c,,~, ..........., .... ......... ~ ................................... ap?foist:ate r~,,~.,.,.,~,,~ ....... becoming ~ ..................necessary, ~LrM or Map ~edc:; to add the (7) Any future expansions beyond the boundaries of the existing educational plant sites, as demonstrated by the legal description, shall be subject to the Consistency Review and S,c~oo! Erx:rd R.-,~vicw SBR process set forth in Sections 4_,_5 and 6 of this Agreement. (8) For any GMP amendment which the County initiates to add the sites to the FLUM or Map Series, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Existing Undeveloped Sites Acquired by the School District for Ancillary Plants. (1) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, and within a zoning district that allows the ancillary plant as a permitted principal use, then the ancillary plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) The sites delineated in subsections E.(1) hi, n) and p), above of this Agreement, are consistent with the locational criteria in the FLUE, GGAMP or lAMP, as applicable, but not within a zoning district that allows the ancillary plant as a permitted principal use, and those plants shall only be allowed if a rezone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County School Board at its expense, and DRAFT dw/5-7-03 17£ (3) (4) is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such ancillary plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. ;.;,;,. ....... .,,..c...~,_....., .... ,~.~ n', ~t~a ,... ~ c..-~: ........ "~d ~" "'; .... Sites delineated m subsections E.(1) h) and n) of this Agreement will be identified on the FLUM or Map Series to be adopted as pm~t of the FLUE. at the initiation of Collier County at its expense. The sites delineated in subsection E.(I) p) of this Agreement are in the Rural Fringe Area, as noted and discussed in subsection E.(2) of this Agreement. Once Iocational consistency has been determined for the sites delineated in subsection E.(1) p), a GMP amendment will be proposed to include the sites on the FLUM or Map Series, at Collier County's expense. Sites delineated in subsection E.(1)(p) above may not be consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, pursuant to the Rural Fringe issues detailed in Subection E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally, this site must also be located within a zoning district that allows the ancillary plant as a permitted principal use, otherwise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at a duly advertised public hearing. The approval must remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board. Subsequent to the amendment to the appropriate Element becoming effective, Collier County will, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. [new subsection (4) and re-numbered (5) and (6)] The parties acknowledge that due to the changes in the population fignres and legislation, certain of the sites listed in subsection E.(l) of this Agreement may be designated for other purposes if consistent with all elements of the GMP, and the LDC, in effect at the time a SBR review is requested. (5) Any future expansions beyond the boundaries of the existing Ancillary Plant sites as demonstrated by the legal description, shall be subject to the consistency review and the Sc~ot~! 'Eo':'~d Review SBR process as set forth in Sections 5 and 6 of this Agreement. (6) For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. G. Future Sites for Educational and Ancillary Plants. 8 DRAFT (1) If consistent with the locational criteria of the FLUE, GGAMP or IAMP of the GMP, as applicable, and within a zoning district that allows the Educational or Ancillary Plant as a permitted principal use, then the plant shall be allowed as a matter of right. Once acquired, the site will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, but within a PUD that does not allow Educational Plants or Ancillary Plants as a permitted principal use, then the Educational or Ancillary Plant, as applicable, shall only be allowed if an amendment to the PUD to make the Plant a permitted principal use, at the initiation of the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. (3) If consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, and not within a PUD, but within a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at its expense, and such amendment is approved by the BCC at a duly advertised public hearing to make the Educational or Ancillary Plant a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. (4) If not consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted principal use, then the plant shall only be allowed if an amendment to the appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of the Collier County School Board at its expense, and is approved by the BCC and becomes effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allowed if an amendment to the PUD~ ~ initiated by the Collier County School Board at its expense, an~ ::x:st be i_s approved by the BCC at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (5) If not consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, not within a PUD, and in a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the locational criteria of same, and such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GMP amendment must also 9 DRAFT dw/5-7-03 17E include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated bv the Collier County School Board at its expense, is sha!l ,~ Clcd 'and approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillars, Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. (6) Any future expansions beyond the boundaries of the Educational or Ancillary Plant site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Review process as set forth in Sections ~ 5 and of 6 of this Agreement. (7) For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Ho All proposed development to take place on all existing, proposed and future sites for Educational Plants and Ancillary Plants must be consistent with each and every other applicable Element of the GMP. The following process will be followed with respect to future Educational Plant, and Ancillary Plant~,.,~'~"'~ ,^"~;~;~.,.,..~ r~,,~;~;~,, ~,~..,~ sites, prior to acauisition~ for both the determination of consistency with th___g_e Collier County GMP h'ot~ the locational criteria: and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site .... ~-~,,~ i;n~r' ........ ..... ,~ ...... ;~t~'~ ..... Consistency with all other Elements of the GMP will reviewed during the Sc~.~.~l E'card Rcv':ew SBR process. A. Consistency Determination Review: The consistency determination review will be conducted as follows: (1) Prior to the purchase of a site for an Educational Facility or Ancillary Facility, the School District will request a pre-application meeting with the County. (2) The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. (3) The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complementary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE. Consistency with all other Elements of the GMP will be determined during the~,,.,,~,,,c'"~ .... ~ ~,,,~,~ ...... ~ ~,,,.,u .... : .... SBR process. The following additional information will be submitted to determine major issues that may affect site feasibility: 10 DRAFT dw/5~7-03 17£ a) Land Use A general location map showing surrounding development with the property outlined, provide a recent aerial of the site showing boundaries, source and date and provide a map and summary table of existing land use and zoning within a radius of 300 feet from the boundaries of the subject property. b) Future Land Use Designation A map of the subject property will designate each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. c) Environmental A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known_ to occur on the site and/or known to inhabit biological communities similar to the site. d) Growth Management Identification of any Area of Critical State Concern and Development of Regional Impact. e) Timing and Impact of Development Indicate whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identify the year. f) Public Facilities and Transportation The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services; Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public facilities that will serve the proposed site. g) The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. (4) Within 45 days of the submission of the information outlined in Section 4.A.(3~ of this Agreement, the County will provide written comments and recommendations to the School District along with a determination e,~ of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational consistency review. (5) Letter of Consistency: After the County review, the Planning Services Director~ or his designee, shall issue a Letter of Consistency for th__c_e GMP locational criteria which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. (6) After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (7) After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the 11 DRAFT dw/5-7-03 %7£ County and School District will enter into a written agreement as part of the Agreement ~.,~j pre-application process detailed in Section 6.D. (2) of this ~ f~t~ betove, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan review for all Educational Plants and Ancillary Plants to ensure compliance and/or consistency with the Grzwtl~ ha .............. m.,, (GMP-), fundamental planning and design principles, compatibility with surrounding uses, complementary pattern of development, configuration of the traffic circulation systems, consideration of natural resources and mitigation of negative impacts, as follows: A. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as amended. (1) In accordance with Ordinance No. 01-57, that portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements (CUE) shall be conveyed to the Collier County Water/Sewer District, prior to the issuance of the Certificate of Occupancy. (2) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time d ....... ~ ................ a Letter of Compliance is are requested. (3) Division 3.16 of the LDC designed to protect local government water supply wellfields from land uses that may pollute shall apply. (4) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (5) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management District (SFWMD) Permits shall be submitted prior to the issuance of an SBR approval. Compatibility Review. The County will conduct a Compatibility Review which will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertains to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts. With the exception of high school facilities, this review will be a courtesy review and limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. For high school facilities, this will be a formal review process subject to the appeal process set forth in Section 7 of this Agreement in the event that the County denies the application based on non-compliance with the above listed items. In addition, the Utility Billing and Customer Service (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor and for the Trash Collection Franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor. 12 DRAFT Landscaping and Buffering: Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested: (1) On a site by site basis, County staff will determine the necessity for an Environmental Impact Statement !~EIS) to be submitted. (2) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (3) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) agency permits. (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (5) The GMP requires schools to provide a set percentage of native vegetation preservation in the Rural Fringe and the Rural Lands. The School District must comply with the set percentages of native vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including but not limited to fire flow requirements and fire sprinkler requirements. F. Collier County Stormwater Management Policies as follows: 13 Go Ho DRAFT dw/5-7-03 (1) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (2) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (3) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (4) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County' s issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 17£ Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element (CIE) review for a public facility adequacy analysis. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. Off-Site Impacts - In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and Collier County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and LDC, and will enter into a written agreement at the preapplication stage pursuant to Section 6.D. f ~ ~ t, ,/(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: (1) The School District shall be responsible for ag~ off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. 14 DRAFT (2) Turn Lanes - The School District shall be responsible for tum lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to the issuance of the first permanent Certificate of Occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT): Design Standards as required by Chapter 316, Florida Statutes. The turn lane queue length determinations shall be in accordance with the criteria]calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria]calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. (3) Sidewalks - As part of the Sckoc.! Ec~ard Rev;,cw SBR process, the School Board and County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network. The School Board shall collect funds through the school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. (4) The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s), will be determined based upon the percentage of usage and impact. (5) Any and all traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. (6) All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. (7) The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT ~"'~ .... J" and as required by Chapter 316, Florida Statutes. 15 DRAFT dw/5-7-03 1 (8) Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with Collier County regulations. (9) In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off-site transportation impacts but only as they relate to such expansion. 6. SCHOOL BOARD REVIEW PROCESS. The School Board Review (SBR) for School District projects shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Agreement. B. The SBR application submittal is in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with the review criteria set forth in Section 5 of this Agreement. C. The Parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. (J) The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this Agreement. (2) The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost. construction, operation and maintenance of the required offsite improvements. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. (1) The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. (2) Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and School District. Once an affirmative determination has been rendered, the School District may obtain building permits and commence construction. 16 DRAFT dw/5-7-03 17£ Ho (3) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package sufficient for review shall be considered an approval. However, if within 90 days, the County denies the application based on non-compliance with the relevant standards of this Agreement, the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. Letter of Compliance: After the expedited review and the County's determination of compliance with the terms of this Interlocal Agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this Agreement, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County' s determination and the basis of it in writing to the Superintendent' s designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in Section 7 of this Agreement. The parties agree that the School District shall not request reviews and that County review is not requested or required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that: (i) changes the primary use of a facility, (ii) includes a stadium, (iii)results in a greater that five percent (5%) increase in K-12 student capacity, or (iv) encroaches upon the established setbacks as set forth in this Agreement Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A- 58~ Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. SBR and Consistency Review Fees: The County will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in 17 DRAFT dw/5-7-03 17£ support of the appeal. The BCC shall hold an advertised public hearing on the appeal and shall consider the decision of the Planning Services Director, the position of the School District and public testimony. In the event that the BCC upholds the decision of the Planning Services Director, the School District shall then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School District, the BCC shall direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. 8. The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is eomam~ listed on the School Board Capital Outlay Plan from the time the conditional use is granted until the property is developed. 9. Any G';cwth Manage:::cnt P?m GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any Land r, ..... 1 ........ r,~.~ LDC amendments that the County is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. 10. As set forth in the preamble to this Agreement, the purpose of this Interlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes. In the event that Section 1013.33, Florida Statutes, is amended or repealed to delete or exempt the coordination of public educational facilities construction with local government comprehensive plans and implementing land development regulations, then notwithstanding the term of this Agreement set forth below, this Agreement shall become null and void. 11. This Agreement replaces and supercedes the 1996 Interlocal Agreement defined herein. 12. Should any GMP amendment or Land Devc!t~pmcnt C',~de LDC amendment required to be initiated under this Agreement fail to obtain the required approval by the BCC, then the parties shall renegotiate the provisions related to the failed amendment. The renegotiation of such amendment only effects affects the validity of that portion of the Agreement related to the failed amendment, and the remainder of the ~ Agreement w~ll remains in full force and effect. 13. The term of this Agreement shall be for a period of six years; provided, however, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 14. Exccut;..~n: This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument and be the Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF 18 DRAFT COLLIER COUNTY, FLORIDA DWIGHT BROCK, CLERK By: Deputy Clerk By: TOM HENNING, CHAIRMAN (SEAL) Date: Approved as to form and legal sufficiency: ~~~avid C. Weigel, County Attorney ATTEST: COLLIER COUNTY SCHOOL BOARD By: Dr. Dan White, Superintendent By:. Linda Abbott, Chair Date: Date: I.A. 5-7-03 changes G, Comp, David, hA. schools dw/5-7-03 19 17£ May 13, 2003 Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Interlocal Agreement between Collier County Board of Commissioners and Collier County School Board Dear Georgia: Please advertise the above referenced notice on Friday, May 16, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING 1 ,,7 E Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 27, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish Educational Plant and Ancillary Plant site development review processes and substantive criteria including the consideration of future amendments to the County's Growth Management Plan and implementing land development regulations. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA Tom Henning, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Marie Clos, Deputy Clerk (SEAL) Marie J. Clos From: Sent: To: Subject: Marie J. Clos Tuesday, May 13, 2003 1:15 PM Georgia (E-mail) Advertising for May 16, 2003 17£ (~eorl~ia :P£ease azf~ertise for 9Vla}j ~6, 2003. 9~hangs 9Vlarie nterlocalagreemnt.¢ nterlocalagreemnt.c OC OC Marie J. Clos From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, May 13, 2003 1:15 PM Marie J. Clos Delivery Status Notification (Relay) Z 7E ATT305432.txt Advertising for May 16, 2003 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals®naplesnews.com Marie J. Clos From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, May 13, 2003 1:12 PM Marie J. Clos Delivered: Advertising for May 16, 2003 Adve~ising ~rMay 16,2003 <<Advertising for May 16, 2003>> Your message To: Georgia (E-mail) Subject: Advertising for May 16, 2003 Sent: Tue, 13 May 2003 13:14:57 -0400 was delivered to the following recipient(s): legals on Tue, 13 May 2003 13:12:16 -0400 Advertising for May 16, 2003 Page 1 of,l~ Marie J. Clos From: legals [legals@naplesnews.com] Sent: Tuesday, May 13, 2003 1:26 PM To: Marie J. Clos Subject: RE: Advertising for May 16, 2003 rcvd to run may 16 georgia ..... Original Message ..... From: Marie .1. Clos [mailto:Ma.rie. Clos@clerk.collier.fl.us] Sent: Tuesday, May 13, 2003 1:15 PM To: Georgia (E-mail) Subject: Advertising for May 16, 2003 ffeorB/a ~[ease adS~ertise for OVlay ~6, 2003. fffianks OVlarie <<interlocalagreemnt.doc>> <<interlocalagreemnt.doc>> 5/13/2003 MEMORANDUM 1 ,? E Date: To: From: Re: May 27, 2003 Sue Filson BCC Executive Manager Trish Morgan, Deputy Clerk Minutes & Records Department Interlocal Agreement Between BCC and the Collier Co. School Board re: To Establish Educational Plant and Ancillary Plant Site Development Review Processes/Criteria Enclosed please find two (2) originals of the Interlocal Agreement with the Collier County School Board, (Agenda Item #17E) as referenced above, approved by the Board of County Commissioners on Tuesday, May 27, 2003. Please forward copies to the appropriate parties If you should have any questions, please contact me at 774-8406. Thank you. Trish Morgan Enclosure plm INTERLOCAL AGREEMENT BETWEEN Tlq¥, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND TFfE COLLIER COUNTY SCHOOL BOARD TO ESTABLISH EDUCATIONAL PLANT AND ANCILLARY PLANT SITE DEVELOPMENT REVIEW PROCESSES AND SUBSTANTIVE CRITERIA INCLIJDING TI:t¥~ CONSIDERATION OF FUTURE AMENDMENTS TO THE COUNTY'S GROWTH MANAGEMENT PLAN AND IMPLEMENTING LAND DEYELOPMENT REGULATIONS THIS AGREEMENT made by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and the Collier County School Board, a public agency of the State of Florida, hereinafter (referred to as the "School Board"), together the "Parties." WHEREAS, the County and the School Board have established and maintained a cooperative and productive relationship with regard to the exchange of information on matters of mutual interest including, but not limited to, the coordination of planning efforts to ensure that support services are available for public educational facilities in the unincorporated area of Collier County; and WHEREAS, Section 1013.33 (1), Florida Statutes (2002), sets forth the policy of the State with regard to the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services; and WHEREAS, Section 1013.33(9), Florida Statutes, m order to encourage and facilitate such planning, provides that the School Board and the County must share and coordinate information related to existing and planned public school facilities, proposals for development, redevelopment or additional development, and infrastrtlcture required to support the public school facilities concurrent with the proposed development; and WHEREAS, the County and School Board have shared such information for numerous years and continue to share such information so that each entity can assist the other in reaching its goals and objectives; and WHEREAS, Section 1013.33(11), Florida Statutes, sets forth the policy of the State with regard to an expedited review process to determine consistency with the local government's comprehensive plan and land development regulations, and where this Agreement details a consistency review process; and WHEREAS, Section 1013.33 (12), Florida Statutes, sets forth the policy of the State with regard to an expedited review process and any development review shall not exceed 90 days, and where this Agreement details a School Board Review process; and WHEREAS, Section 1013.33(13), Flor/da S,tatutes, provides that a local gogerning body may not deny the site applicant on the adequacy of the site plan as it relates solely to the needs of the school if the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses. The local government may not deny the application but it may impose reasonable development standards and conditions in accordance with Section 1013.51 (1), Florida Statutes, and consider the site plan and its adequacy as its relates I?E to environmental concerns, health, safety, welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed to; and WHEREAS, Section 1013.33(14), Florida Siatutes, authorizes the School Board and the County to establish, by agreemen~ an alternative process for review/ng a proposed Educational Plant or Ancillary Plant, including the identification of off-site impacts of a proposed Educational Plant or Ancillary Plant, and where this Agreement details a School Board Review process to delineate a formal procedure pursuant to State law; and WHEREAS, through this Agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship regarding the exchange of information relating to Planning efforts and public facilities. NOW, THEREFORE, in consideration of the public benefits to be realized from the coordinated planning and review of public educational facilities, the parties hereby agree as follows: The foregoing recitals are adopted and incorporated by reference as if set forth fully herein. This Agreement is made pursuant to Section 1013.33, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, Chapter 1013, Flor/da Statutes, and terms used herein shall have the meaning set forth in such legislation. Specifically, the following terms as used in this Agreement shall be defined as follows: _ A. "Adjacent" means lying near or adjoining. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support sexwices to an educational program. "Auxiliary Facility" means the spaces located at educational plants which are not designed for student occupant stations. "Compatibility Review" means a review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code (LDC) in effect at the time SBR Letters of Compliance are requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. "Consistency Review" means a review process whereby the County will determine prior to the School Board's acquisition of property whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate 2 Area Master Plan and Immokalee Area' Master Plan, and whether the Plant or Facility is a permitted use, conditional use or prohibited use in the zoning district on the site, pursuant to Section 4 of this Agreement. "County's implementing l~.nd development regulations" means the Collier County Land Development Code, including the zoning regulations and development regulations contained and referenced therein. Go "Educational Facilities" means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Flor/da Statutes and approved by the Collier County School Board. "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant. "Locational Criteria" means the land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. "School Board Review" ("SBR") means the site development plan review process for School Board projects as outlined in this Interlocal Agreement pursuant to Sections 5 and 6 of this Agreement. "State Requirements for Educational Facilities" ("SREF") means the Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. "1996 Interlocal Agreement" means the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, pages 1729 et seq., which bears an effective date of June 25, 1996. The Growth Management Plan's Future Land Use Element (FLUE), Golden Gate Area Master Plan Element (GGAMP) and Immokalee Area Master Plan Element (IAMP) and the Collier County Land Development Code (LDC) in effect at the time that the SBR Letters of Compliance are requested will determine the land use categories and zoning districts that permit or prohibit Educational Plants and Ancillary Plants within Collier County. Except to the extent that such would be in conflict with the Rural Fringe Mixed Use District of the FLUE of the GMP adopted on June 19, 2002, Collier County will initiate and consider at duly advertised public hearings, amendments to the FLUE, GGAMP, and IAMP, and the LDC, to allow all future Educational Plants and Ancillary Plants in zoning districts as 15bllows: ! ?£ Ancillary Plants will be permitted by right in the General Commercial (C-4); Heavy Commercial (C-S); and Industrial (I) Zoning Districts. (2) A~cillary Plants will be prohibited in the RSF-1 through RSF-6; Residential Single Family; Mobile Home (MH); Travel Trailer- Recreational Vehicle Campground (TTRVC); Golf Course (GC); and Conservation (CON) Zoning Districts. (3) Ancillary Plants will be permitted by conditional use approval in all other Zoning Districts. (4) Educational Plants will be prohibited in Residential Tourist (RT); Golf Course (GC); Conservation (CON); Travel Trailer- Recreational Vehicle Campground (TTRVC); Business Park (BP); and Industrial (I) Zoning Districts. Educational plants will be permitted by right in all other zoning districts. Provided further, however, that for a high school facility to be located in any resident/al zoning d/strict (RSF, RMF, MH, VR, Village Residential) or any residential component of a PUD, a formal Compatibility Review and determination will be required pursuant to Section 5(B) of this Agreement. In the event that the County denies an application based on the Compatibility-Review, the School District may request an appeal to the Board of County Commissioners (BCC) as outlined in Section 7 of this Agreement. The parties recognize that Planned Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational Plants and Ancillary Plants as defined in Section 2 of this Agreement, are permitted uses in PUD designations if specifically set forth in the PUD Document and approved by the BCC as a permitted principal use. To assist in increasing the number of PUDs that may permit Educational Plants and Ancillary Plants, Collier County will, during review of each PUD subject to the sunsetting provision of Section 2.7.3.4 of the LDC, consider the appropriateness, in conjunction with the School Board, of adding Educational Plants and Ancillary Plants as a permitted use in the PUD. The County will consider the School Board's input in determining whether an Educational Plant or Ancillary Plant should be included as a permitted principal use within any new PUD, during the PUD rezone application process. Furthermore, Collier County will initiate and consider amendments to the LDC at duly advertised public hearings that will limit the review of any such PUD amendment for the sole purpose of adding Educational Plants and Ancillary Plants, to the review of the Plant facilities only and the impacts associated with those added uses without further right by the County to review other issues or change other sections of the PUD Document. Educational Plants or Ancillary Plants, {vhether permitted as a principal use within a PUD or in a conventional zoning district or by way of conditional use approval, will be subject to the SBR process pursuant to Sections 5 and 6 of this Agreement. Existing Educational Plants and Ancillary Plants. (1) Existing Educational Plants and Ancillary Plants shall be deemed consistent with the FLUE, GGAMP or IAMP, as applicable. All existing, developed Educational Plant and Ancillary Plant sites, inclusive of the four Educational Plants under construction at time of this Agreement (Site E: Sabal Palm, Golden Gate Intermediate Center-South, Golden Gate Intermediate Center- North, and Golden Gate High School) will he identified on the Future Land Use Map (FLUM) or Map Series to be adopted as part of the FLUE, at the initiation of Collier County, at its expense. The addition of these sites on the FLUM is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, or to proceed with the construction of any facilities. (a) On-site expansions shall be subject to the procedures established in Section 6.G.(2) of this Agreement. (b) Expansions beyond the boundaries of the existing sites as demonstrated by the legal description shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. Existing Undeveloped Sites Acquired by the School District for Educational Plants. (1) In order to meet future needs and maximize the use of the public's tax dollars and to comply with the legislative mandate to plan for future schools, the School Board has acquired a number of sites for future Educational Plants and Ancillary Plants. With the exception as noted in subsections (o), (p) and (q) below, for the three sites in the Rural Fringe Area, these sites have been determined to be consistent with the locationat criteria of the GMP only and GMP amendments will be proposed to include these sites on the FLUM. Once locational consistency has been determined for the sites delineated in subsections (o), (p) and (q) below, GMP amendments will be proposed to include these sites on the FLUM. The sites are as follows: (a) Intermediate Center South-44th Terrace S.W., proposed elementary school; (b) Intermediate Center North-50a Terrace S.W., proposed elementary school; 1.?£ (c) (d) (0 (g) (h) (i) (J) (k) (1) (m) (n) (o) Intermediate Center on Hunter Blvd., proposed elementary school; School Site G - Golden Gate Commerce Park PUD, proposed elementary school; School Site I - furore E/W Livingston Road, proposed elementary/middle school; School Site M - Lely Resort PUD, proposed elementary/middle school; Livingston Road School Site, East side of Livingston Road, proposed elementary/middle school; Rattlesnake Hammock Road Site - adjacent to South County bus compound, proposed transportation facility; School Site BB - west side of Livingston Road, proposed middle school; School Site E - 18th Avenue N.E., proposed elementary/middle school; School Site F - SW comer of Everglades Blvd. and 60th Avenue N.E., propog'ed elementary/middle school; School Site J- N.W. comer of Everglades Blvd. and Avenue S.E., proposed elementary/middle school; School Site EE - 18~' Avenue N.E., proposed elementary/middle school; School Site BBB - Oil Well Road, Orange Tree PUD, proposed elementary/middle/high school or transportation facility; School Site H and CC - Blue Sage Drive, proposed elementary/middle school (see subsection 3. E. (2) below); (p) (q) School Site L and EEE - north of 13th Street N.W., proposed elementary/middle/high school and transportation facility (see subsection 3.E.(2) below); School Site DD and DDD - south of 20th Street S.E., proposed elementary/middle/high school (see subsection 3.E.(2) below); ! 7£ (2) (3) (4) (r) Immokalee School Site'- north side of Lake Trafford Road, proposed elementary/middle schools; and (s) Immokalee-Maintenance and Transportation Satellite - State Road 29, proposed transportation facility. Sites delineated in Subsections 3.E.(1) (o), (p), and (q) of this Agreement are within the Rural Fringe Area, an area subject to the Final Order No. AC-99-002 issued June 22, 1999, by the Governor and Cabinet of the State of Florida sitting as the Administration Commission. Pursuant to the Final Order, amendments to the GMP were adopted on June 19, 2002, including the Rural Fringe Mixed Use District. These amendments were subsequently found to be "in compliance" by the Florida Department of Community Affairs, but two challenges were filed to that compliance finding. Accordingly, those amendments are not yet in effect. This affects the consistency determination for those three sites. Also, the sites delineated in subsection 3.E.(1)(o) of this Agreement, designated Rural Fringe' Neutral Lands, are in an area that is subject to a specific requirement for performance of a Red-cockaded Woodpecker Study. The results of that study could lead to a GMP amendment to change the land use designation, thereby affecting the consistency determination for those sites. - Furthermore, sites delineated in subsection 3.E.(1)(q) of this Agreement are partially within the Rural Fringe Neutral' Lands and partially in the Rural Fringe Sending Lands. The Sending Lands designation provides for submittal of environmental data to demonstrate the appropriateness of a land use designation change. This could potentially result in a land use des/gnat/on change for the Sending Lands thereby affecting the consistency determination for those sites. The parties acknowledge that due to the changes in the population figures and legislation, certain of the above sites may be designated for other purposes if consistent with alt elements of the GMP, and applicable portions of the LDC as set forth in this Agreement, in effect at the time a SBR Letter of Compliance is requested. If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicabl,e, and not within a PUD, or within a PUD that allows Educational Plants as a permitted principal use, then the Educational Plant shall be allowed as a matter of right. All such sites will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. For sites within the Rural Fringe Area designated as Neutral Lands, the site area and school size shall be subject to i the General Education Facilities Report submitted annually by the School Board to the BCC. All such sites must comply w/th the State Requirements for Educational Facilities adopted by the State Board of Education. (5)- If consistent w/th th~ locational criteria in the FLUE, GGAMP or I2kM~P, as applicable, but w/thin a PUD that does not allow Educational Plants as a permitted principal use, then the Educational Plant shall only be allowed if an amendment to the PUD is adopted by the BCC at a duly advertised public hearing to make the Educational Plant a permitted principal use. Such a PUD amendment shall be initiated by the Collier County School Board at its expense. (6) For part of the sites delineated in Subsection E.(1)(q) above which is in the Sending Area of the Rural Fringe which is not consistent w/th the locational criteria in the FLUE, GGAMP or LAMP, or for the sites delineated in Subsections E.(1)(o), (p) and (q) of this Agreement in the Rural Fringe area whose consistency with the locational criteria changes based upon Subsection E.(2) of this Agreement, as applicable, the Collier County School Board may, at its expense, initiate an amendment,to the appropriate Element so as to make such a site consistent with the locational criteria. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, any such site must be located ;vithin a zoning district that allows the Educa!./onat Plant as a permitted principal use. Otherwise, a rezone petition must be filed and approved by the BCC at a duly advertised public hearing and remain valid in order f6r the use to be allowed as a matter of right. The filing and expense of any necessary rezone petition shall be the responsibility of the Collier County School Board. (7) Any future expansions beyond the boundaries of the existing Educational Plant sites, as demonstrated by the legal description, shall be subject to the Consistency Review and SBR process set forth in Sections 4, 5 and 6 of this Agreement. (8) For any GMP amendment which is initiated to add the sites to the FLUM or Map Series, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Existing Undeveloped Sites Acquired by the School District for Ancillary Plants. (1) If consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, and within a zoning district that allows the Ancillary Plant as a permitted principal use, then the Ancillary Plant shall be allowed as a matter of right. All such sites will be I?E (2) (4) identified on the FLUM or Map' Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsections 3.E.(1) (h), (n) and (p), of this Agreement, are consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, but not within a zoning district that allows the Ancillary Plant as a permitted principal use, and those plants shall only be allowed if a rezone petition, or a conditional use petition, as applicable, is filed at the initiation of the Collier County School Board at its expense, and is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Ancillary Plant as a permitted principal or conditional use, and such rezone or conditional use approval remains valid. Sites delineated in Subsections 3.E.l(h) and (n) of this Agreement will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. The sites delineated in Subsection 3.E.(1)(p) of this Agreement are in the Rural Fringe Area, as noted and discussed in Subsection 3.E.(2) of this Agreement. Once locational consistency has been determined for the sites delineated in Subsection 3.E.(1)(p), a GMP amendment will be proposed to include the sites on the FLUM or Map Series, at Collier County's expense. Sites delineated in Subsection 3.E.(1)(p) of this Agreement may not be consistent with the locational criteria of the FLUE, GGAMP or LAMP, as applicable, pursuant to the Rural Fringe issues detailed in Subsection 3.E.(2) of this Agreement. Should this site become inconsistent, the Collier County School Board may, at its expense, initiate an amendment to the appropriate Element so as to make such site consistent with the locational criteria. Additionally, this site must also be located within a zoning district that allows the Ancillary Plant as a permitted principal use, otherwise a rezone petition, or conditional use petition, as applicable, must be filed and approved by the BCC or BZA at a duly advertised public hearing. The approval must remain valid in order for the use to be allowed as a matter of right. The filing and expense of any necessary rezone or conditional use petition shall be the responsibility of the Collier County School Board. Subsequent to the amendment to the appropriate Element becoming effective, Collier County will, at its expense, initiate an amendment to the Future Land Use Map or Map Series to add the site. The parties acknowledge that due to the change in the population figures and legislation, certain of the sites listed in Subsection 3.E.(1) of this Agreement may be designated for other purposes if consistent with all elements of the GMP, and the applicable I?E portions of the LDC as set forth~ in this Agreement, in effect at the time that a SBR Letter of Compliance is requested. (5) Any future expansions beyond the boundaries of the existing Ancillary Plant sites as demonstrated by the legal description, sh~ll be subject to the Consistency Revie~v and the SBR process ag set forth in Sections 5 and 6 of this Agreement. (6) For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. Future Sites for Educational and Ancillary Plants. (1) If consistent with the locational criteria of the FLUE, GGAMP or LAMP of the GMP, as applicable, and within a zoning d/strict that allows the Educational or Ancillary Plant as a permitted principal use, then the plant shall be allowed as a matter of right. Once acquired, the site will be identified on the FLUM or Map Series to be adopted as part of the FLUE, at the initiation of Collier County at its expense. (2) If consistent with the locational criteria in the FLUE, GGAMP or LAMP, as applicable, but w/thin a PUD that does not allow Educational Plants or Ancillary Plants as a permitted principal use, then the Educational or Ancillary Plant, as applicable, shall only be allowed if an amendment to the PUD to make the Plant a permitted principal use, at the initiation of the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. (3) ~f consistent with the locational criteria of the FLUE, GGAMP or LA2vlP, as applicable, and not within a PUD, but within a zoning d/strict that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if a rezone petition or conditional use petition, as applicable, is filed, at the initiation of the Collier County School Board at its expense, and such amendment or conditional use, as applicable, is approved by the BCC or BZA at a duly advertised public hearing to make the Educational or Ancillary Plant a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. Subsequent to acquisition by the Collier County School Board, Collier County will, at its expense, initiate an amendment to the FLUM or Map Series to add the site. 10 (4) (6) (7) (8) If not consistent with the locational criteria of the FLUE, GGAMP or IAMP, as applicable, and within a PUD that does not allow Educational or Ancillary Plants as a permitted principal use, then the plant shall only be allowed if an amendment to the' appropriate Element to make such site consistent with the locational criteria is filed, at the initiation of th~ Collier County School Board at its expense, and is approved b~, the BCC and becomes effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the plant shall only be allo~ved if an amendment to the PUD, initiated by the Collier County School Board at its expense, is approved by the BCC at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted pnncipal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of right. If not consistent with the locational criteria in the FLUE, GGAMP or IAMP, as applicable, not within a PUD, and in a zoning district that does not allow the Educational or Ancillary Plant as a permitted principal use, then the plant shall only be allowed if an amendment is filed, at the initiation of the Collier County School Board at its expense to the appropriate GMP Element so as to make such a site consistent with the 10cational criteria of same, and such amendment must be approved by the BCC at a duly advertised public hearing and thereafter become legally effective. Such a GMP amendment must also include an amendment to add the site to the FLUM or Map Series. Additionally, the Plant shall only be allowed if a rezone petition or conditional use petition, as applicable, initiated by the Collier County School Board at its expense, is approved by the BCC or BZA at a duly advertised public hearing thereby allowing such Educational or Ancillary Plant as a permitted principal use. Thereafter, the Educational or Ancillary Plant shall be allowed on the site as a matter of fight. Any future expansions beyond the boundaries of the Educational or Ancillary Plant site as demonstrated by the legal description, shall be subject to the Consistency Review and the School Board Review process as set forth in Sections 4, 5 and 6 of this Agreement. For any GMP amendment that the County initiates to add the sites to the FLUM, such amendment is not a prerequisite to the School Board's ability to proceed with any County review that may be necessary under this Agreement, nor is it a prerequisite to the commencement of construction. It is understood, pursuant to Section 3A of this Agreement, that conditional use petitions will not be required for an Educational Plant. 11 17£ All proposed development to take place on all existing, proposed and furore sites for Educational Plants and Ancillary Plants must be consistent with each and every other applicable Element of the GMP. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites,, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be revie~ved during the SBR process. Ao Consistency Review: The Consistency Review will be conducted as follows: Prior to the purchase of a site for an Educational Plant or Ancillary Plant, the School District will request a pre-application meeting with the County. (2) The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fimdamental planning and design principles including compatibility with surrounding uses, complementary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locationat criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: (a) Land Use. A general location map showing surrounding development xvith the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject prop, erty. (b) Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. 17£ (4) (6) (c) Environmental. A recerit aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on. the site and/or known to inhabit biological communities similar to the site. Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. (e) Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. (f) Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, serv/ce availability letters will also be provided. The School Board wilt provide a map detailing the location of existing services and public facilities that will serve the proposed site. (g) The School Board-will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. Within 45 days of the submission of the information outlined in Section 4.A(3) of this Agreement, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on- site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational Consistency Review. Letter of Consistency: After the County reviewj the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of c ofisistency as required by Section 1013.33 (11) Florida Statutes. After the County has determined that the site is consistent with the GMP locat/onal criteria and LDC zoning districts, the School 13 17.£ District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. (7). After the School District acquires the site and provides the n~cessary documentation for the County to initiate an amendment to the GMP, the County and School District will efiter into a written agreement as part of the pre-application process detailed in Section 6 (D)(2) of this Agreement, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 5. SCHOOL BOARD REVIEW The County will conduct an expedited site plan review for all Educational Plants and Ancillary Plants to ensure compliance and/or consistency with the GMP, fundamental planning and design principles, compatibility with surrounding uses, complementary pattern of development, configuration of the traffic circulation systems, consideration of natural resources and mitigation of negative impacts, as follows: Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as amended. In accordance with Ordinance No. 01-57, that portion of the water and/or wastewater system that lies in the public rights-of- way or in County utility easements (CUE) shall be conveyed to the Collier County Water/Sewer District, prior to the issuance of the Certificate of Occupancyf (2) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (3) Division 3.t 6 of the LDC designed to protect local government water supply wetlfietds from land uses that may pollute shall apply. (4) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (5) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department,to determine the need for a change in meter sizing and additional grease traps. (6) South Florida Water Management District (SFWMD) Permits shall be submitted prior to the issuance of an SBR approval. 14 Compatibility Review. The County will 'conduct a Compatibility Review which will take into account the Architectural and Site Design Standards contained w/thin Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is .requested and that pertain to issues of cofnpatibility w/th surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, the Utility Billing and Customer Service (UBCS) Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 7 of this Agreement in the event that the County denies the application based on non-compliance with the items listed in this paragraph. Landscaping and Buffering. Division 2.4 of the LDC in effect at the time a SBR Letter of Compliance is requested .shall apply. The County Planning Staff will recommend an amendment to the LDC allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use~by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be gu'anted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The administrative deviations shall be requested in the format set forth in Section 2.8.2.5 of the LDC. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (i) On a site by site basis, County staff will determine the necessity for an Environmental Impact Statement (EIS) to be submitted. (2) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with Collier County's LDC and GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Se.w/ce (USFWS) and Flor/da Fish and Wildlife Conservation Commission (FFWCC) agency permits. 15 (4) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/ wetlands preserve or protected species preserves. (5)_ The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of n~itive vegetation preservation. (6) An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant pr/or to the issuance of a Certificate of Occupancy. (7) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including but not limited to fire flow requirements and fire sprinkler requirements. Collier County Storm~vater Management Policies as follows: A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (2) SFWMD perm/ts must be submitted prior to a determination that the SBR application is sufficient for review. (3) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (4) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County pr/or to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 16 1,?£ Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element (CIE) review for a public facility adequacy analysis. Minimum yard setback requirements shall be 50 feet from all property lines for ~rmcipal structures and 25 feet from all property lines for any accessor2 structures including portable classrooms. Off-Site Impacts - In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and Collier County will jointly determine the need for, and timing of, on-site and off-site infrastr¢cture improvements in conjunction with the determination of the consistency of the site location with the GMP and LDC, and will enter into a written agreement at the preapplication stage pursuant to Section 6.D.(2) of this Agreement, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the part/es will be guided as follows: (1) The School District shall be ,responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and t4~e County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration mm lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. (2) Turn Lanes - The School District shall be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary turn lane improvement(s) determined by Collier County Transportation Staff shall be in plac, e prior to the issuance of the first permanent Certificate of Occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum 17 7E (3) (4) (6) (7) standards as adopted by 'the Florida Department of Transportation (FDOT) Design Standards as required by Chapter 316, Florida Statutes. The turn lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the at'orementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. Sidewalks - As part of the SBR process, the School Board and County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through the school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, xvhen it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of any and all traffic signal(s), the traffic signal(s) ~vill be turned over to the County, and will then be operated and maintained by the County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s), will be determined based upon the percentage of usage and impact. Any and all traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. Ail traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 18 17E (8) (9) Any off-site improvements to 'be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff pr/or to construction to assure compliance with Collier County regulations. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to the improvements required to mitigate the off-site transportation impacts but only as they relate to such expansion. SCHOOL BOARD REVIEW PROCESS. The SBR for School Board projects shall be reviewed under the following expedited process: Ao The SBR application will be reviewed only as to the criteria set forth in Section 5 of this Agreement. The SBR application submittal shall be in accordance with Section 3.3 of the LDC, but only as to those submittal requirements which are consistent with the revie~v criteria set fo,rth in Section 5 of this Agreement. The Parties will develop a checklist that defines the items to be submitted for a SBR review application. Prior to commencing construct/on o~'site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. The County will review the development proposal for compliance with the Letter of Consistency required in Section 4.A of this Agreement. (2) The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required offsite improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any Count), review that may be necessary under this Agreement. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. The County shall have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 19 (2) Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be~extended upon agreement of the County and School District. Once an affirmative determination has been rei~dered, the School District may obtain building permits and c~ommence construction. (3) Failure by the County to issue a Letter of Compliance within 90 days after determining the application package sufficient for review shall be considered an approval. However, if within 90 days, the County denies the application based on non- compliance with the relevant standards of this Agreement, the SBR shall be considered denied and the School District shall be authorized to pursue an appeal. Letter of Compliance: After the expedited review and the County's determination of compliance with the terms of this Interlocal Agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this Agreement, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in Section 7 of this Agreement. The parties agree that the School District shall not request reviews and that County review is not requested or required for: (1) The placement of temporary or portable classroom facilities; or (2) Proposed renovation or construction on existing school sites, with the exception of construction that: (a) (b) (c) (d) changes the primary use of a facility, includes a stadium, results in a greater that five percent (5%) increase in K- 12 student capacity, or encroaches upon the established setbacks as set forth in this Agreement Should the School Board pl.ace temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper 2O 17£ o 10. 11. sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. SBR and Consistency Review Fees: The County will develop a review fee- for the processing of the SBR and Consistency Review applications submitted'by the School Board. The School Board will pay standard County review fees for all other related project rev/ew services. APPEAL: In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of this Agreement, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. A request for appeal shall be filed in writing with the Planning Services Director. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public hearing on the appeal and shall consider the decision of the Planning Serv/ces Director, the position of the School District and public testimony. In the event that the BCC upholds the decision of the Planning Services Director, the School District shall then be authorized to pursue any legally available action or remedy to resolve this matter. In the event that the BCC upholds the position of the School District, the BCC shall direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusic~ns made by the BCC at the appeal hearing. _ The County will initiate an amendment to the Land Development Code to exempt Ancillary Plant conditional use approvals from expiration, as long as the Plant is listed on the School Board Capital Outlay Plan from the time the conditional use is granted until the property is developed. Any GMP amendments that the County is required to consider pursuant to this Agreement shall be initiated in the next available amendment cycle. Any LDC amendment that the County is required to consider pursuant to this Agreement shall be initiated in the third LDC amendment cycle in 2003. Exceptions to this time line are for sites that may be impacted by the Rural Fringe GMP amendments, as noted in subsection 3.E.(2) of this Agreement, and FLUM or Map Series amendments for sites yet to be acquired by the School Board. As set forth in the preamble to this Agreement, the purpose of this Lnterlocal Agreement is to meet the intent and requirements of Section 1013.33, Florida Statutes. In the event that Section 1013.33, Florida Statutes, is amended or repealed to delete or exempt the coordination of public educational facilities construction with local government ,comprehensive plans and implementing land development regulations, then notwithstanding the term of this Agreement set forth below, this Agreement shall become null and void. This Agreement replaces and supercedes the 1996 Interlocal Agreement defined herein. With such replacement, it is understood and agreed by the parties that the School Board has agreed to replace the 1996 Interlocal Agreement process with 21 the expedited and abbreviated Consistency Review and SBR process based upon the good faith representations of the County in pursuing and implementing the GMP amendments and the LDC amendments contemplated in this Agreement. 12. Should any GMP amendment or LD.C amendment required to be initiated under this Agreement fail to obtain the required approval by the BCC, then the parties shall renegotiate--the provisions related to the failed amendment. The renegotiation of such amendment only affects the validity of that portion of the agreement related to the failed amendment, and the remainder of the Agreement remains in full force and effect. 13. Between the effective date of this Agreement and the effective date of any GMP amendments or implementing LDC amendments that are not dependent upon the adoption of the GMP Amendments, any of which are required to be initiated or considered by the County under this Agreement, the provisions of this Agreement shall control, to the extent that the Agreement is not inconsistent with the current GMP. The parties understand that this provision's intent is to follow the procedures set forth in this Agreement, such as the consistency review process, the School Board Review process, and the determination of zoning based on the Agreement so long as the property is deemed an allowable use in the GMP, regardless of the current LDC provisions, except as limited by the PUD provisions of this Agreement. This provision is supported by the zoning in progress rule as set forth in Smith v. Ci_ty of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980). 14. The term of this Agreement shall be for a period of six years; provided, ho~vever, both parties agree that this Agreement shall be reviewed and, if necessary, updated every two (2) years. 15. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument and be the Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HE~ Date:' 22 Approved as to form and legal sufficiency: Da,~id U. ~eigel~ County ~ftomey ATTEST: Dr. H. B/~j~n~r~ ~l-~rhn, Superintendent Date: D"//~/0-2 COLLIER COUNTY SCHOOL BOARD By:( Linda Abbott, Chair Date: 404765 1 23 NapLes Daily News NapLes, FL 34102 Affidavit of Publication NapLes Daily News * BOARD OF COUNTY CORflISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138.~126~9 58661073 NOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she as Assistant Corporate Secretary of the NapLes DaiLy News, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said neuspaper. PUBLISHEO ON: 05/16 AD SPACE: 108.000 INCH FILED OH: 05/16/0:5 .......... + ........................... sworn to and Subscrib~ before ae this ~ay of ~,~ 2~ Personally knoun by ~?~% Ch~el ~ McDonald ...... ],Jne 29, ~003 NOT CE OF PUBLIC HEAR NG Notice that tt~ comml Ilar Cc ry. Rub,,. ~ay, M Boardl Admln 'atk Colllel DUn ment 1tar Tamla ~el~ Florid wi, be i~ at ~/ glve.'r Count~ of Cot hold a )n Tues' !3, in the d Floor, Bulldlng~ ~ Govern. 3301 East J, Naples, meeting 0 A.M. The Board will consider an Interim=al Agreement between theBoard o! ComltY Commissioners of Coliler 'county, _Florld. a and the collier County School Board to estab- lish Educational Plant and Ancillary Plant site developmen.t re. view processes and suPstan- Incl tire criteria udlng ttlon the conslder~ of fu- ants ture amandm to the pr~me.~tlng la.nd devel- opment ragu attons. NOTE: All Persons wish. lng to .speak qn a.ny agenda Item must.reqm; tar with the county mlnlstrator prior to pr.e- iantatlon.ofthe Item to Ds addressed. individual sPeaker, s will be limited to 5 m nutes on any Item. The selec- tion of an individUal to speak, on behalf of Rn organization or group e.ncduraged, f recog- razed by the Chair, a spokesperson for a groupor organlzatl.on may ~e snorted [0 min- utes to speak on Item. Persons .wlshlng to have wr ti.an .or .gr.ap.hl.c ma- terials incluaea in the Board agenda packets, must supmlt said ma-/ terla a minimum of weeks pr or to the re-[ spectlve public hearing./ In any case, written re.a-/ terlals Intended to o~eI cOnSidered by the Bqa.ra shall be suPmltte~l to the_ appr.op, rlate C.ounty staff a m mmum or sev- en days p.r or to the pu.bllc nearing, All ma. terlal used In gresenta- tlons before the Board will become a perma- nent part of the record. Any pemqn w.ho..d~cidesJ to appeal a ~eclslon OT the adam will need .a. re- cord .of.tl~e ~roceemngs/ 13ertmnmg thereto and| therefore, may ns.ed tot ensure that a verpatlml record of the proceedq ings Is made, which re-I cord includes the testl-I mony .a.nd evidence, I .upon W. nlCh the appeal IS DILqeCl, BOARD OF .COUNTY COMMISISONERS U T Y COLLIER CO N FLORIDA Tom Hennlng, CHAIR. MAN DWIGHT E. BROCK CLERK BY: /s/Made Clos, Dep uty Clerk (SEAL~ May 16 No. 16357~